ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 2, 2024 Minutes
1.1. Call to Order - Mayor Coolidge called the April 2, 2024 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber at 421 Main Street, Chico, CA.
1.2. Invocation - Pastor Heath Jarrett, Living Hope Fellowship
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
Present: Bennett, Morgan, van Overbeek, Tandon, Winslow, Reynolds, Coolidge
Absent: None
1.5. April 2, 2024 Closed Session Announcement
City Attorney John Lam announced that Council and staff met in Closed Session at 5:00 p.m. to discuss the items listed on the agenda. He further noted that Councilmember Tandon recused herself on the SEIU labor discussion due to a personal financial conflict of interest and did not participate in that discussion. She did participate in the other discussions.
Item 2.1. Labor Negotiations - Council was briefed; no action was taken.
Item 2.2. Warren v. City of Chico - Council was briefed; no action was taken.
Item 2.3. Performance Evaluations - City Manager, City Clerk, City Attorney - Council was briefed; no action was taken.
1.6. Presentation by Steve Perez, President - California State University, Chico
1.7. Presentation by Charlene Durkin, Code Enforcement Supervisor
2. CONSENT AGENDA
A motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to approve the Consent Agenda, as read
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Tandon, Winslow, Reynolds, Coolidge NOES: None
2.1. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND LOCAL 39 Approval of a side letter agreement between the City of Chico and Local 39 modifying the 2023L39 Memorandum of Understanding (MOU) effective upon ratification and approval, updating terms and conditions of employment. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
2.2. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND CONFIDENTIALS Approval of a side letter agreement between the City of Chico and Confidentials Group (CNF), modifying the Memorandum of Understanding (MOU) effective July 1, 2022 - June 30, 2025, addressing the Limited Reopener. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.3. ITEMS REMOVED FROM THE CONSENT AGENDA - None
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3. PUBLIC COMMENTS
Addressing the Council were Mike Egbert, Nolan Leupp, James Hutchinson, Sean Reese, Gia Monticello, Charles Withuhn, and Addison Winslow.
4. PUBLIC HEARINGS
4.1. ASSEMBLY BILL 481 (AB 481) - ANNUAL MILITARY EQUIPMENT USE REPORT Council considered the Chico Police Department Annual Military Equipment Use Report, which was prepared for the timeframe of March 30, 2023, through February 29, 2024. The report contained a summary of the purpose for Chico PD's military equipment, its usage, total annual costs, quantity possessed, quantity requested for future, as well as a summary of complaints, concerns, and any internal audits. (Report - Billy Aldridge, Chief of Police) Mayor Coolidge opened the hearing to the public. Addressing the Council on this matter were James Hutchinson and Ann Polivka.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Bennett to approve the renewal of Chico City Council Ordinance No. 2576, the "Military Equipment Use Policy."
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Tandon, Winslow, Reynolds, Coolidge NOES: None
4.2. CODE AMENDMENT 23-01 - PROPOSED ORDINANCE DELETING CHICO MUNICIPAL CODE SECTION 19.44.040 (DOWNTOWN NORTH DISTRICT SPECIAL STANDARDS) At its 1/16/24 meeting, Council considered an amendment to Title 19 of the Chico Municipal Code to remove the prohibition on new Alcoholic Beverage Establishments (ABEs), or bars, in Downtown Chico. Following staff's presentation and public comment, Council requested additional information regarding the California Department of Alcohol and Beverage Control's (ABC) Public Convenience or Necessity (PCN) process, as well as the various ABC alcohol license types that requires a PCN.
The Agenda Report provided a summary of the requested information. In accordance with CEQA Guidelines Section 15162, the proposed amendments are within the scope of the Environmental Impact Report that was certified for the General Plan. (Report - Molly Marcussen, Associate Planner)
Councilmember van Overbeek recused himself on this item due to having a financial conflict of interest in the downtown area. He left the dais and the Chamber.
The Mayor opened the public hearing.
Addressing the Council were Greg Scott, Sebastien Tamarello, Adam Samorano, and Karin Williams.
The hearing was closed to further comment.
A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to reject the proposed ordinance.
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The motion failed by the following vote:
AYES: Bennett, Morgan, Tandon
NOES: Winslow, Reynolds, Coolidge
DISQ: van Overbeek
5. REGULAR AGENDA
5.1. CONSIDERATION OF A RESOLUTION ESTABLISHING SHOPPING CART RETRIEVAL FEES At its 12/19/2023 meeting, Council considered a staff report and resolution to establish shopping cart retrieval fees associated with a previously Council-adopted ordinance regulating stolen or abandoned shopping carts and establishing an abatement and enforcement program. During Council deliberation, concerns were raised regarding the purpose and implementation of the proposed fees and a motion was made for staff to return to Council with additional information and a workable solution. Staff presented additional information and context regarding early implementation of the shopping cart ordinance and the intended purpose of a cart retrieval fee. (Report Charlene Durkin, Code Enforcement Supervisor) The Council recessed for a ten-minute break at 7:21 p.m. The meeting was reconvened, and all members were present.
Addressing the Council on this matter was James Hutchinson.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to adopt the following revised resolution amending the City's Master Fee Schedule:
RESOLUTION NO. 34-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO
AMEND THE CITY MASTER FEE SCHEDULE TO ESTABLISH FEES FOR THE REMOVAL AND STORAGE OF ABANDONED SHOPPING CARTS (AMENDMENT NO 351 - FEE SCHEDULE
21.045)
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Tandon, Winslow, Reynolds, Coolidge NOES: None
5.2. COUNCILMEMBER WINSLOW REQUEST - CAL TRANS TO PARTICIPATE IN COMPLETE
STREETS
At its meeting of 3/5/24, the Council voted to agendize a request from Councilmember Winslow to discuss sending a letter to Cal Trans requesting its participation in the City Complete Streets Project in the Downtown area. (Report - Councilmember Winslow) Addressing the Council on this item was James Hutchinson.
A motion was made by Councilmember Winslow and seconded by Councilmember van Overbeek to authorize the Mayor to sign a letter to Cal Trans requesting its participation in the City Complete Streets Project in the Downtown and send it to District 3 and Cal Trans headquarters.
The motion carried by the following vote:
AYES: Bennett, van Overbeek, Tandon, Winslow, Reynolds, Coolidge NOES: Morgan
5.3. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None April 2, 2024 City Council Minutes Pagel3
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. GUYNN BRIDGE HISTORIC PRESERVATION ORDINANCE EXEMPTION - Information Only The Public Works Engineering Director recommended, and the Building Official agreed, that the demolition and replacement of the Guynn Bridge over Lindo Channel was exempt from historic preservation requirements as outlined in Chico Municipal Code (CMC) Section
19.37.120.B. (Brendan Ottoboni, Director of Public Works - Engineering) COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers may verbally request an item to be agendized at a future meeting. After stating what the item would be, a majority vote of Council would be needed in order for staff to agendize.
Downtown Chico Complete Streets Plan - Reconsideration of the Prior Action A motion was made by Councilmember Winslow and seconded by Mayor Coolidge to agendize the reconsideration of the Downtown Chico Streets Plan so that the City could still make the grant application deadline.
The motion failed by the following vote:
AYES: Winslow
NOES: Bennett, Morgan, van Overbeek, Tandon, Reynolds, Coolidge
7. ADJOURNMENT - Adjourned at 7:57 p.m. to the City Council Closed Session meeting on Tuesday, April 16, 2024, at 5:00 p.m., or 5:30 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: 4/16/24
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION
Closed Session Minutes
April 2, 2024
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
1.1. ROLL CALL
2. CLOSED SESSION AGENDA - There were no speakers.
Councilmember Tandon announced she was disqualified from participating in the SEIU labor discussion due to a personal financial conflict of interest. She did not participate in the discussion but returned to discuss all remaining items.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - Council was briefed; no action was taken.
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
2.2. 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; no action was taken.
2.3. PUBLIC EMPLOYEE QUARTERLY PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager - Council was briefed; no action was taken.
2.4 CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The meeting adjourned at 5:58 p.m. to the Adjourned Regular City Council Meeting on April 2, 2024, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA Date Approved: 4/16/24
Deborah R. Presson, MMC, City Clerk
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