ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - February 6, 2024 Minutes
1.1. Call to Order - Mayor Coolidge called the February 6, 2024 - Regular City Council meeting to order at 6:02 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.2. Invocation - Pastor Seth Riojas, Pleasant Valley Baptist Church
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge, Winslow
Absent: None
1.5. February 6, 2024 Closed Session Announcement - City Attorney John Lam City Attorney Lam announced that Closed Session ended at 7:15 p.m., with the Council adjourning back into open session for the Closed Session Announcement to make the following statement:
2.1. Labor Negotiations - An update was provided to Council with no formal action taken; direction was provided. For the record, Councilmember Tandon recused herself on the discussion related to SEIU and left the conference room during that portion of the discussion and returned for the additional discussions.
2.2 Conference with Real Property Negotiator - Direction was provided; no final action
2.3. Conference with Legal Counsel - Existing Litigation (Warren) - Council was briefed; direction was provided. No final action was taken.
2.4. Conference with Legal Counsel - Pending Litigation (Rebecca Quinn-Baker) - A briefing was provided; no final action was taken.
2.5. Conference with Legal Counsel - Anticipated / Potential Litigation - Council was briefed; direction was provided. No final action was taken.
2.6. Conference with Legal Counsel - Anticipated Litigation - Council voted 6-1, (Winslow opposed) to direct the City Attorney's office to initiate an amicus brief filing or, file jointly with another agency regarding the Supreme Court's hearing on the Grants Pass filing.
CONSENT AGENDA - All matters under the Consent Agenda were considered routine in nature. For the record that Councilmember Tandon was disqualified on Item 2.4. and did not participate in the decision due to a personal conflict of interest with a family member in SEIU.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to approve the Consent Agenda, as read, with Item 2.3. removed for further discussion and with Councilmember Tandon disqualified on Item 2.4. due to a personal conflict of interest.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge, Winslow NOES: None
February 6, 2024 City Council Minutes Page |1
2.1. ORDINANCE NO. 2596 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING DEVELOPMENT AGREEMENT 23-01 BETWEEN THE CITY OF CHICO AND THE CASINO CHICO CARDROOM (SCOTT) - Final reading and adoption by reading of title only Adopted an ordinance approving the Casino Chico Development Agreement (DA 23-01) to facilitate the development of an approved project and preserve the effectiveness of Use Permit 22-09 by satistying a required condition of approval. (Kelly Murphy, Senior Planner) RESOLUTION NO. 26-24 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LOCAL 792 REGARDING PAY, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JANUARY 1, 2024 THROUGH DECEMBER 31, 2025 (2024 MOU - UPEC)"
Adopted a resolution which modified the pay and benefit provisions applicable to the United Public Employees of California, resulting from recently concluded negotiations. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.3. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND CHICO POLICE OFFICERS'
ASSOCIATION (A)
A side letter agreement between the City of Chico and CPOA modifying the CPOA Memorandum of Understanding (MOU) effective July 1, 2023 - June 30, 2026 which continued the new hire signing bonuses. (Chelsea Phebus, Director of Human Resources & Risk Management) Councilmember Winslow asked this item to be removed from the Consent Agenda and for Council to consider not approving the side letter.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the side letter agreement between the City of Chico and CPOA modifying the CPOA Memorandum of Understanding (MOU) effective July 1, 2023 - June 30, 2026, continuing new hire signing bonuses.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
2.4. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND SERVICE EMPLOYEES
INTERNATIONAL UNION (SEIU) AND AMENDMENT TO CITY OF CHICO BUDGET APPENDICES B-1 - Councilmember Tandon disqualified herself on this item due to a personal conflict of interest and did not vote on this matter.
A side letter agreement between City of Chico and SEIU modifying the pay scale for the Equipment Mechanic I and an amendment to the City of Chico's 23-24 Fiscal Year Budget Appendices B-
1. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.5. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE 99 CENTS ONLY STORES INC., LOCATED AT 2156 PILLSBURY ROAD SUITE 100 CHICO, CA 95973 APN 007- 280-062
The Department of Alcoholic Beverage Control (ABC) had determined that The 99 Cents Only Stores Inc., a discount grocery and convenience store, located at 2156 Pillsbury Road Suite 100, Chico, has applied for a Type 20 off-sale beer and wine ABC license in an area with an undue concentration of alcoholic beverage licenses. Pursuant to Business and Professions Code Sections 23958.4, the requested Type 20 license required a City Council determination that public convenience or necessity would be served by its issuance. The Chief of Police recommended a determination of public convenience or necessity. (Billy Aldridge, Chief of Police) February 6, 2024 City Council Minutes Page/2
2.6. ACKNOWLEDGEMENT AND ACCEPTANCE OF ANNUAL AUDITED FINANCIAL REPORTS The certified public accounting firm of CliftonLarsonAllen, LLP was engaged by the City Council to perform an audit of the financial statements and perform compliance testing of the City of Chico, Chico Passenger Facility Charges and Chico Urban Area Joint Powers Financing Authority for the fiscal year ended June 30, 2023. CLA issued unmodified (clean) audit opinions on all financial statements and presented the results for the audit to Finance Committee at the January 24, 2024, meeting. The Finance Committee recommended that the City Council acknowledge receipt and acceptance of the 2023 Audited Financial Reports. (Barbara Martin, Administrative Services
2.7. CONSIDERATION OF ENCAMPMENT RESOLUTION FUNDING GRANT APPLICATION The California Interagency Council on Homelessness issued a Notice of Funding Availability for the Encampment Resolution Funding Program, Round 3. The grant program is in alignment with existing City operations for outreach and engagement and emergency shelter provision. The Council was asked to approve an application submittal in the amount of $2,678,892. (Jennifer Macarthy, Deputy City Manager)
2.8. APPROVAL OF COUNCIL MEETING MINUTES OF 1/16/24
2.9. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.3.
3. PUBLIC COMMENTS - Members of the public addressed the Council on matters not already listed on the agenda and within the jurisdiction's authority. The Council was prohibited from acting at this meeting on requests made under this section of the agenda.
Addressing the Council were Stephen Hazel, Yahmo Ahqha, Rita Smith, Jessica Giannola, Anne Harrison, and lo Savage.
Due to a disruption by the public in the Chamber, the Council recessed at 6:19 p.m. for a ten-minute break. The meeting was reconvened, and all members were present.
4. PUBLIC HEARINGS - None
5. REGULAR AGENDA
5.1. CONFIRMATION OF APPOINTMENT OF ANIMAL SERVICES MANAGER Section 605 of the City Charter states that the appointment of certain designated positions is subject to confirmation by the City Council. In order to meet this requirement, City Council was presented with the employment agreement for the Animal Services Manager. Gina Catallo-Kokoletsos comes into the role with a number of years of relevant experience, including extensive experience with this City, having served for more than ten (10) years with the Animal Services Division. (Report - Chelsea Phebus, Director of Human Resources and Risk Management) A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to confirm the employment agreement with Gina Catallo-Kokoletsos as the Animal Services Manager with an annual salary of $104,582.40
February 6, 2024 City Council Minutes Page |3
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge, Winslow NOES: None
5.2. ITEMS ADDED AFTER THE POSTING OF THE AGENDA
6. REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for the Council's information. No action could be taken on items under this section unless the Council agreed to include it on a subsequent agenda.
6.1. CITY MANAGER'S REPORT - Verbal Report, City Manager Sorensen
6.2. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
6.3. COUNCILMEMBER REQUESTS - None
7. ADJOURNMENT - At the conclusion of the regular meeting, the Council recessed back into Closed Session until 7:14 p.m., when the open meeting was reconvened. Following the formal Closed Session announcement, the meeting was adjourned at 7:16 p.m. to the City Council Closed Session meeting on Tuesday, February 20, 2024, at 5:00 p.m., followed by the Adjourned Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.
Date Approved: /drp 2/20/24
Nebrakk essen
Deborah R. Presson, MMC, City Clerk
February 6, 2024 City Council Minutes Page|4
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
February 6, 2024 - Closed Session Minutes
1. CALL TO ORDER IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All Members Present
CLOSED SESSION AGENDA - There were no speakers. Councilmember Tandon announced she would be recusing herself from the SEIU discussion under Closed Session Item 2.1. due to a personal conflict of interest with a family member being a member of this bargaining group.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 Negotiator: Laura Izon (Atkinson, Andelson, Loya, Ruud and Romo law firm (AALRR)) & Chelsea Phebus, Human Resources Director
Employee Organizations: Chico Fire Management Employees, Chico Management Employees, Chico Police Management, Chico Police Officers Association, Chico Public Safety Association, Confidentials, International Association of Fire Fighters, Service Employees International Union - Trades & Crafts, Stationary Engineers Local 39, United Public Employees of California - Local 792 An update was provided to Council with no formal action taken; direction was provided. For the record, Councilmember Tandon recused herself on the discussion related to SEIU and left the conference room during that portion of the discussion and returned for the additional discussions.
2.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Gov. Code Sec. 54956.8 Direction was provided; no final action taken.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: Williams Holding LP
Property: A portion of APN 039-430-190
Address: 2266 Park Ave, Chico, CA 95928
Under Negotiation: Price and Terms of Payment, in association with the Commerce Ct Gap Closure Project
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: Floyd Eugene Trust
Property: A portion of APN 039-430-191
Address: 11 Commerce Ct, Chico, CA 95928
Under Negotiation: Price and Terms of Payment, in association with the Commerce Ct Gap Closure Project
February 6, 2024 City Council Minutes Pagel5
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: Earl Family Trust
Property: A portion of APN 039-430-189
Address: 2264 Park Ave, Chico, CA 95928
Under Negotiation: Price and Terms of Payment, in association with the Commerce Ct Gap Closure Project
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: Daniel Kennedy Trust
Property: A portion of APN 039-430-009
Address: 2300 Park Ave, Chico, CA 95928
Under Negotiation: Price and Terms of Payment, in association with the Commerce Ct Gap Closure Project
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: Damschen Family Trust
Property: A portion of APN 039-430-153
Address: 9 Commerce Ct, Chico, CA 95928
Under Negotiation: Price and Terms of Payment, in association with the Commerce Ct Gap Closure Project
2.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC (ED) Case No. 2:21-cv-00640 - MCE-DMC: Warren v. Chico Council was briefed; direction was provided. No final action was taken.
2.4. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (California Government Code section 54956.9(d)(1)) Rebecca Quinn-Baker v. City of Chico (BCSC Case No.: 22CV00885) Council was briefed; direction was provided. No final action was taken.
2.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION: Pursuant to Cal. Go. Code Sec. 54956.9(d)(2) - One case
Council was briefed; direction was provided. No final action was taken.
2.6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (California Government Code Section 54956.9(d)(4)) - Consideration of initiation of litigation: One (1) case Council voted 6-1, (Winslow opposed) to direct the City Attorney's office to initiate an amicus brief filing or, file jointly with another agency regarding the Supreme Court's hearing on the Grants Pass February 6, 2024 City Council Minutes Page|6
2.7. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None ADJOURNMENT - Closed Session was held from 5:00 - 6:00 p.m. and then reconvened at the end of the regular session. At the conclusion of the regular meeting, the Council recessed back into Closed Session until 7:14 p.m. Following the formal Closed Session announcement, the meeting was adjourned at 7:16 p.m. to the City Council Closed Session meeting on Tuesday, February 20, 2024, at 5:00 p.m., followed by the Adjourned Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico
Date Approved: /drp 2/20/24
When an hisson
Deborah R. Presson, MMC, City Clerk
February 6, 2024 City Council Minutes Page |7