ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - August 20, 2024 Minutes
1.1. Call to Order - Mayor Coolidge called the August 20, 2024 Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.2. Invocation - Reverend Gary Mancilas, Covenent Reformed Church
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
Present: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: Morgan
1.5. August 20, 2024 Closed Session Announcement - City Attorney John Lam announced that Council met in Closed Session at 5:00 p.m. with staff to discuss the following items. It was noted for the record that Councilmember Morgan was absent, with all other Councilmembers present.
Item 2.1. Labor Negotiations - This matter was not heard or discussed.
Item 2.2. Loriano vs. City of Chico - Council was briefed; direction was provided; no final action was taken.
Item 2.3. Warren vs. City of Chico - Council was briefed; direction was provided; no final action was taken.
1.6. Presentation - Healthy Rural California, Dr. Sean Liston
2. CONSENT AGENDA
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
2.1. ORDINANCE NO. 2602 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 3.20 OF THE CHICO MUNICIPAL CODE PERTAINING TO FORMAL CONTRACT PROCEDURES - Final reading and adoption by reading of title only
2.2. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2025-HR-001 TUITION REIMBURSEMENT AND WORKERS'
COMPENSATION INSURANCE
An amendment to the City of Chico's 24-25 Fiscal Year Budget, authorized additional funds for tuition reimbursement and workers' compensation contractual insurance for Human Resources & Risk Management. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.3. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2025-PWE-001
The Public Works Engineering Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2024-25 Budget to adjust project budgets to align with specific projects planned for this period. (Brendan Ottoboni, Public Works Director-Engineering) August 20, 2024. City Council Minutes Page 1
2.4. ACCEPTANCE OF ANNUAL REPORT ON THE DISPOSTION OF UNCLAIMED PROPERTY AND BICYCLE DONATIONS FOR FISCAL YEAR 2023-24
Accepted the annual report for Fiscal Year 2023-24 showing disposition of all lost, stolen, or unclaimed property during the preceding fiscal year was required by Section 3.28.130 of the Chico Municipal Code. (Barbara Martin, Administrative Services Director)
2.5. APPROVAL OF COUNCIL MEETING MINUTES OF 7/9/24, 7/16/24, & 8/6/24
2.6. RESOLUTION NO. 64-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO,
CALIFORNIA, DECLARING A LOCAL EMERGENCY DUE TO THE PARK FIRE AND
AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS AS THE DIRECTOR
OF EMERGENCY SERVICES
As the City's Emergency Manager, the Fire Chief recommended the City Council adopt the resolution proclaiming a local emergency due to the Park Fire and authorized the City Manager to take all necessary actions as the Director of Emergency Services. (Steve Standridge, Fire Chief)
2.7. SIDE LETTER AGREEMENT - UNITED PUBLIC EMPLOYEES OF CALIFORNIA, 792 A side letter agreement between the City of Chico and the United Public Employees of California, 792, modifying the Memorandum of Understanding effective January 1, 2024 - December 31, 2025, reclassifying the Landscape Inspector to Landscape Plans Examiner/Inspector. (Anmol Pannu, Senior Human Resources Analyst
2.8. ITEMS REMOVED FROM THE CONSENT AGENDA - None
PUBLIC COMMENTS - Members of the public addressed the Council on matters not already listed on the agenda and were within the jurisdiction's authority.
Addressing the Council were Lori Mason and Stephen Hazel.
Due to a disruption by a speaker, the Council recessed for a 5-minute break. The Council reconvened, with all Councilmembers present and Councilmember Morgan noted as absent.
Continuing to address the Council were Katie Posey, Loree Monroe, and Julie Keener.
4. PUBLIC HEARINGS
4.1. CONTINUATION OF HEARING ON AN APPEAL OF HHAYS SEWER BILLING At its meeting of 6/18/24, the Council held a Public Hearing on the appeal filed by Mr. Daniel Hays.
The hearing was opened, testimony was received, and the hearing was closed to further public comment. The Council referred a general discussion related to EDU billing and sewer rates calculations to the Internal Affairs Committee. The Committee met on 8/19/24 and a verbal report was provided to the Council at this meeting
This was an appeal by Mr. Daniel Hays, of a determination made by the Public Works Director- Engineering regarding Mr. Hays' monthly sewer fees for property located at 1351 Mangrove Avenue. (Report - Brendan Ottoboni, Public Works Director - Engineering) A motion was made by Councilmember van Overbeek and seconded by Councilmember Winslow to adopt the following resolution:
RESOLUTION NO. 65-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
DENYING AN APPEAL AND UPHOLDING THE CITY MANAGER'S ADMINISTRATIVE REVIEW
AFFIRMING THE PUBLIC WORKS DIRECTOR-ENGINEERING'S DETERMINATION THAT CITY OF CHICO'S SEWER BILL WAS CORRECT AT 1351 MANGROVE AVENUE (APN 003-444-054) August 20, 2024. City Council Minutes Page /2
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
5. REGULAR AGENDA
5.1. CONSIDERATION OF DESIGNATION OF VOTING DELEGATES FOR THE 2024 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
The League's 2024 Annual Conference is scheduled for October 16-18, 2024, in Long Beach. In order to participate in the League Annual Business Meeting where League policy is established, the Council must first designate an attendee as a voting delegate. Each city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. (Report - Deborah R. Presson, City Clerk & Elections Official) A motion was made by Councilmember van Overbeek and seconded by Mayor Coolidge to designate Vice Mayor Reynolds as the voting delegate to the 2024 League of California Cities Annual Conference.
Councilmember Tandon was selected as an alternate in case the Vice Mayor cannot attend.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
5.2. CONFIRMATION OF DEPUTY DIRECTOR - CITY CLERK
Section 605 of the City Charter states that the appointment of department heads is subject to confirmation by the City Council. In order to meet this requirement, City Council was presented with the employment agreement for the Deputy Director - City Clerk. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
Following the City Manager's verbal announcement of the details of the contract, a motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to confirm the appointment of Angeline Dilg as the Deputy Director - City Clerk with an annual salary of $115,000.00, along with a $400 a month auto allowance.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
5.3. CONSIDERATION OF UTILITY BOX ART PROGRAM
The Council was asked to consider a program, proposed by the Chico Arts Commission (CAC), which serves as the advisory board to the City Council for matters relating to aesthetic treatments, memorials, gifts and tourism (Chico Municipal Code 2.62.020). The CAC frequently looks for new ways to beautify the City through the use of art. At its meeting on July 10, 2024, the CAC discussed establishing a "Utility Box Art Program" (City-owned utility cabinets) as a way to beautify streetscapes, provide local artists opportunities to share their work in public spaces, as well as to prevent graffiti.
Utility boxes are frequently the target of graffiti, and studies show that boxes covered in art are vandalized far less often than those that are not. The Commission unanimously voted to refer this proposal to the Council for consideration. (Report - Deborah R. Presson, City Clerk & Elections Official)
August 20, 2024. Citv Council Minutes Page / 3
Addressing the Council were Monica McDaniel, Stephen Hazel, and Bonnie Pipkin.
Council asked the Arts Commission to consider a Chico related theme in order to tie in all the boxes, whether that be a historical concept, City of Trees, etc.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to approve the creation of a Utility Box Art Program for City-owned utility cabinets identified in the downtown area.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
5.4. COUNCIL REQUEST: 2ND & MAIN STREET BUILDING DANGER ASSESSMENT (131 MAIN STREET; APN# 004-072-010; BUILDING PERMIT #B22-00982)
At its July 16, 2024 meeting, Council directed staff to assess any potential danger associated with the building located at 2nd & Main (131 Main Street) and provide recommendations on what to do to bring the building into Code compliance. The building is undergoing a façade/balcony remodel and has an active City of Chico Building permit (#B22-00982), which was approved in February 2023.
To assess any potential danger posed by the building's status, staff arranged a site visit. Following the site visit, the Building Official determined there is currently no imminent danger posed by the building. There is a single, secured access to the second floor limiting unwanted access, and the activities taking place and site conditions on the second floor are consistent with remodel projects associated with older buildings in Chico's Downtown. Staff and the building owner recognize the remodel has been going on for a long time and that the building's current "open" status has a blighting effect on the Downtown. Staff requested a conservative and achievable schedule for completion of the exterior work, which was shared with Council. (Report - Brendan Vieg, Community Development Director)
Addressing the Council were David Griffith and David Halimi.
No additional action was taken by the Council on this item.
5.5. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None
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 FINAL MAP PENDING COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL: Parcel Map 22-02 (Lamb) - Received and Filed
August 20, 2024. City Council Minutes Pagel4
6.3. 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 was needed in order for staff to agendize.
Councilmember Winslow - Warren v City of Chico
A motion was made by Councilmember Winslow to agendize a discussion on the City's policy post Warren Settlement in particular the Pallet Shelter, anti-camping laws, outreach and engagement, and a place of last resort in the event no shelter availability exists.
Vice Mayor Reynolds seconded the motion but asked the City Attorney for guidance on what can and can't be discussed in public.
City Attorney Lam cautioned the Council that the City is still bound to the settlement agreement and felt it was premature to talk about what the City plans on doing if the agreement is set aside as the City does not yet know if it will be. He further stated that it wouldn't be prudent to come up with another one until the City knows what is going to happen with the existing plan that is within the settlement agreement.
Vice Mayor Reynolds retracted her second to the motion. The motion fails due to a lack of a second.
Councilmember Tandon - Massage Parlor/Establishments Regulations A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to agendize the referral of a discussion to the Internal Affairs Committee to consider additional rules or regulations for local massage businesses. The committee should be asked to also consider adopting zoning requirements, business licenses requirements, reasonable health and safety requirements for massage establishments in order to ensure compliance with California Massage Therapy Council requirements.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
Councilmember van Over Beek - Blighted Buildings in the Downtown A motion was made by Councilmember van Overbeek and seconded by Mayor Coolidge to agendize a discussion about possible regulations for blighted buildings in the Downtown Area, especially the location at 2nd and Main.
Vice Mayor Reynolds asked that the motion be amended to include "all" blighted buildings so not to target one area or one business.
Councilmember van Overbeek accepted the friendly amendment.
August 20, 2024. City Council Minutes Page|5
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES:
ABSENT: Morgan
Mayor Coolidge - Honoring Jackson Pollock
A motion was made by Mayor Coolidge and seconded by Councilmember van Overbeek to agendize a discussion about having the Arts Commission create an event honoring local artist, Jackson The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
ADJOURNMENT - Adjourned at 7:43 p.m. to the City Council Closed Session meeting on Tuesday, September 3, 2024, at 5:00 p.m., or 5:30 p.m. followed by the Regular City Council meeting at 6:00 o.m. in the Council Chamber, 421 Main Street, Chico.
Date Approved: /drp 9/17/24
sibrank essen
Deborah R. Presson, MMC, City Clerk
August 20, 2024. City Council Minutes Page |6
Closed Session Meeting Minutes - August 20, 2024
CALL TO ORDER IN THE COUNCIL CHAMBER - Mayor Coolidge called the August 20, 2024 Closed Session to order at 5:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.1. ROLL CALL - All members were present except for Councilmember Morgan.
CLOSED SESSION AGENDA - There were no Council disqualifications. Addressing the Council on Closed Session matters was Stephen Hazel. Due to a disruption during this speaker's comments, the Council recessed into Closed Session at 5:04 p.m. in Conference Room 1.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Cal. Gov. Code Sec. 54957.6 - This matter was not heard or discussed.
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): Loriano v. City of Chico, Case No. 21CV02290 - Council was briefed; direction was provided; no final action was taken.
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. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None ADJOURNMENT - The meeting adjourned at 5:48 p.m. to begin the Adjourned Regular City Council Meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 9/17/24
brake hesson
Deborah R. Presson, MMC, City Clerk
August 20, 2024. City Council Minutes Page |7