ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - November 19, 2024 Minutes
1.1. Call to Order - Mayor Coolidge called the November 19, 2024 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, California.
It was noted for the record that at the request of Councilmember Bennett, Item 5.5 was removed from the agenda and continued to a future meeting.
1.2. Invocation - Chaplain Bud Chauvin
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
1.5. November 19, 2024, Closed Session Announcement - City Attorney John Lam The City Attorney announced that Council met with staff in Closed Session regarding the following items. It was noted for the record that all Councilmembers were present.
Item 2.1. Labor Negotiations - Direction was provided; no formal action was taken.
Item 2.2. Warren v Chico - Direction was provided; no formal action was taken.
Item 2.3. Anticipated Litigation - Council voted 7-0 to have the City Attorney proceed with litigation.
Defendants and other particulars regarding the case will be formally disclosed once commenced upon request.
Item 2.4. Property Negotiations - Direction was provided; no formal action was taken.
Item 2.5. Anticipated Litigation - Removed from the agenda and not discussed.
1.6. Proclamation - Global Entrepreneurship Week
1.7. Presentation - CARE Court, Scott Kennelly - Director of Butte County Behavioral Health
1.8. Presentation - Janet Turner Museum, Rachel Skokowski - Curator
2. CONSENT AGENDA
A motion was made by Councilmember Bennett and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
2.1. RESOLUTION NO. 78-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 888 LAKESIDE VILLAGE COMMONS (PORTION OF 018- 190-015) - ENLOE MEDICAL CENTER
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RESOLUTION NO. 79-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 2577 CALIFORNIA PARK DRIVE (PORTION OF 018-190- 016) - NORTHERN CALIFORNIA YOUTH & FAMILY PROGRAMS
RESOLUTION NO. 80-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 37 CHICO CANYON ROAD (PORTION OF 018-010-117) - MICHAEL ERIC GREGG, SUCCESSOR TRUSTEE OF CREATIVE WELLNESS LIVING TRUST Adopted resolutions authorizing the City Manager to execute the purchase agreements and any related documents necessary to acquire real property in order to construct the 2025 Road Rehabilitation Project. (Brendan Ottoboni, Public Works Director - Engineering)
2.2. RESOLUTION NO. 81-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE
SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FOR STATE WATER RESOURCES CONTROL
BOARD WASTEWATER CONSOLIDATION PROGRAM
Adopted a resolution approving the submittal of an application for grant funds for the State Water Resources Control Board Wastewater Consolidation Program. (Brendan Ottoboni, Public Works Director - Engineering)
2.3. CONSIDERATION OF REVISION TO AMENDMENT NO. 2 TO THE LEASE AGREEMENT FOR OCCUPANCY
AND EXPANDED USE OF PORTIONS OF THE CHICO DEPOT AS AN ART CENTER On July 16, 2024, Council approved Amendment No. 2 to amend the lease agreement to expand into additional spaces within the Chico Depot. This revision defined the lease term as five (5) years commencing November 19, 2024, and to continue until 180 days after City provided written notice of termination. This provided the Chico Art Center with additional certainty as to the lease term, and an increased notice of termination period (should there be one). (Mark Sorensen, City Manager)
2.4. SIDE LETTER AGREEMENT - CITY OF CHICO AND CHICO FIRE MANAGEMENT EMPLOYEES A side letter agreement between the City of Chico and the Chico Fire Management Employees (CFME) which modified the Memorandum of Understanding for the period of July 1, 2022, to June 30, 2025, providing a one-time waiver of the period of service for progression through Pay Steps. (Anmol Pannu, Senior Human Resources Analyst)
2.5. APPROVAL OF COUNCIL MEETING MINUTES OF 11/5/24
2.6. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. PUBLIC COMMENTS - Members of the public addressed the Council on matters not already listed on the agenda and within the jurisdiction's authority. Comments will be limited to three minutes or as determined by the Mayor based on the number of speakers. The Council could not act on requests made under this section of the agenda.
Addressing the Council were Barbara Bouttote, Vic Sbarbaro, Michael Dinsmore, Nick Allison, Katie Posey, Mike Johnson, David Welch, Charles Withuhn, and Chico Resident #1.
4. PUBLIC HEARINGS - None
5. REGULAR AGENDA
5.1. CONSIDERATION OF APPROVAL OF AMENDMENTS TO FY24-25 PUBLIC WORKS - ENGINEERING DEPARTMENT SALARY AND STAFFING TABLES (APPENDICES B-1 AND B-3) The Public Works - Engineering (PWE) Department requested adjustments to budgeted allocations to improve staffing efficiency and support the department's growing workload. Specifically, PWE requested the reallocating funds currently used for contractual services to add two (2) Associate Engineer positions in the Construction Division, which will help support project demands more effectively.
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Additionally, PWE requested adjustments to the salary tables for engineering positions progression to create a consistent and attractive progression from Engineering Aide through Associate Engineer. (Report - Brendan Ottoboni, Public Works Director - Engineering)
A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to approve the proposed amendments to FY24-25 Budget, including adjustments to Appendix B-3 to add two (2) Associate Engineer positions and updates to Appendix B-1 for salary progression, as provided for in the attached side letter with the United Public Employees of California (UPEC), Local 792 group.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
The Council recessed at 7:11 p.m. for a ten-minute break. The meeting was reconvened, and all members were present.
5.2. CONSIDERATION TO APPROVE BUDGET SUPPLEMENTAL FOR UNFORESEEN FIRE ENGINE AND PARK
FIRE RECOVERY COSTS
Staff have been working on the procurement process for two new fire engines approved during the FY24-25 budget development process. Budgetary estimates used for the two new engines were submitted last Spring at $1,007,340 each. The City's fire apparatus vendor recently advised of price increases of just under $200,000 each. Park Division staff are deploying Park Fire mitigation measures including hazardous tree removal and storm water runoff mitigation measures. The unforeseen costs for immediate Park Fire recovery efforts are $300,000, however staff have an available $100,000 in Park and Greenway improvement funding. Therefore, the total need for unforeseen costs of both the fire engines and Park Fire recovery efforts is $600,000 that can be funded using Fire Victim Trust funds. (Report - Erik Gustafson, Public Works Director - Operations & Maintenance) Addressing the Council on this item was Bo Powell.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Tandon to approve the budget supplemental request to fund unforeseen fire engine and Park Fire recovery costs using Fire Victims Trust The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds NOES: Coolidge
5.3. INTERNAL AFFAIRS COMMITTEE RECOMMENDATION - MASSAGE ESTABLISHMENTS At its meeting of 11-04-24, the Committee considered amending the Chico Municipal Code regarding additional regulations for massage parlors. (Report - Councilmember van Overbeek, Chair of the Internal Affairs Committee
A motion was made by Councilmember Tandon and seconded by Councilmember Bennett to direct staff to create an ordinance incorporating the California Massage Therapy Council requirements and guidelines.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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5.4. INTERNAL AFFAIRS COMMITTEE RECOMMENDATION - UNOCCUPIED BUILDINGS At its meeting of 11-04-24, the Committee considered amending the Chico Municipal Code regarding additional regulations for unoccupied buildings. (Report - Councilmember van Overbeek, Chair of the Internal Affairs Committee
Addressing the Council on this item was Greg Scott.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Winslow to direct staff to create an ordinance to update the current code to include more specific guidelines regarding the exterior visual appearance of vacant buildings, including but not limited to windows, doors, and roofs.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.5. COUNCILMEMBER BENNETT REQUEST - ALLOCATION OF CANNABIS FUNDS - At the request of Councilmember Bennett, this item was removed from the agenda and continued to a future meeting.
5.6. COUNCILMEMBER VAN OVERBEEK REQUEST - AMENDMENT TO CMC 19.44.010 (E) At its meeting of 10/15/24, the Council voted to agendize a discussion to have the Internal Affairs Committee consider amending 19.44.010 (E) which deals with ground floor office spaces and the need for use permits.
Addressing the Council on this item was Greg Scott.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Bennett to refer this request to the Internal Affairs Committee to discuss what amendments would be needed to amend 19.44.010 (E) which deals with ground floor office spaces and the need for use permits in downtown north.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.7. MAYOR COOLIDGE REQUEST - FORMATION OF COALITION OF GOVERNMENTS At its meeting of 10/15/24, the Council voted to agendize a discussion regarding forming a Joint Powers Authority for State and Federal funding comprised of Mayors and Chairs of various boards. If approved by Council, staff would be asked to bring back an analysis and plan to facilitate the organization.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to direct staff to bring back an analysis regarding the possible formation of a Joint Powers Authority for State and Federal funding comprised of Mayors and Chairs of various agencies located in the North State.
The motion carried by the following vote:
Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.8. 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.
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6.1. CITY MANAGER'S REPORT - Verbal Report, City Manager Sorensen
6.2. ANNUAL REBUDGETS OF FISCAL YEAR 2023-24 INTO FISCAL YEAR 2024-25 AND REPORT ON
CONFIRMING SUPPLEMENTAL APPROPRIATIONS AND INTERNAL BUDGET MODIFICATIONS FOR FISCAL YEAR 2023-24 - Information only
6.3. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers could 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.
Safe Routes to Schools - Mayor Andrew Coolidge
A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to agendize a discussion regarding safe routes to schools
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ADJOURNMENT - Adjourned at 8:00 p.m. to a Special Meeting on Wednesday, December 4, 2024, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.
Date Approved: /drp 12/4/24
riban tresson
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MINUTES
November 19, 2024
1. CALL TO ORDER IN THE COUNCIL CHAMBER - Mayor Coolidge called the Special Closed Session to order at 5:00 p.m. in the Council Chamber.
1.1. ROLL CALL
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
2. CLOSED SESSION - There were no Council disqualifications and no speakers. The Council then recessed into Conference Room 2, Council Building, 421 Main Street, Chico, CA.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Cal. Gov. Code Sec. 54957.6 - Direction was provided; no formal 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
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 - Direction was provided; no formal action was taken.
2.3. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION: Pursuant to Government Code § 54956.9(d)(4) - One (1) case. - Council voted 7-0 to have the City Attorney proceed with litigation.
Defendants and other particulars regarding the case will be formally disclosed once commenced upon request.
2.4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Gov. Code Sec. 54956.8. - Direction was provided on all items; no formal action was taken.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Akers Family Trust
Property: A portion of APN 006-190-049
Address: 3269 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Pacific Gas & Electric Co
Property: A portion of 006-190-007
Address: Vacant Land, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Chico Area Recreation & Park District Property: A portion of APN 006-220-014
Address: Vacant Land, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Todd Van Nuys
Property: A portion of APN 006-190-034
Address: 100 W Tonea Way, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project November 19, 2024. City Council Minutes Pagel6
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Nella Enterprises Inc
Property: A portion of APN 006-190-010
Address: 3355 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project F. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Louise M and Dana Ward
Property: A portion of APN 006-220-020
Address: 3312 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project G. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Everett Family Living Trust
Property: A portion of APN 006-190-021 & 006-190-022
Address: 116 Innsbrook Way #C9, Chico, CA 95973 & 128 Innsbrook Way, Chico CA 95973 Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project H. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Delfina & Maurico Enriquez
Property: A portion of APN 006-210-020
Address: 159 Tonea Way, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Mauricio and Leticia Enriquez
Property: A portion of APN 006-210-021
Address: Vacant Land Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project J. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Jason F and Tami D Smith
Property: A portion of APN 006-210-022
Address: Vacant Land Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project K. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Gary Ted Shults
Property: A portion of 006-190-008
Address: 3313 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project L. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: James Family Trust
Property: A portion of APN 006-220-013
Address: 3332 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project November 19, 2024. City Council Minutes Page|7
M. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: William and Joan Lewis
Property: A portion of APN 006-220-017 & 006-220-018
Address: 3328 Esplanade and 3326 Esplanade, Chico, CA 95973 Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project N. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Allegiance Properties LLC
Property: A portion of APN 006-190-027
Address: 3291 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project O. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Affordable Housing Land Consultants LLC Property: A portion of APN 006-190-005
Address: 3325 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project P. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Everett Family Living Trust
Property: A portion of APN 006-190-012
Address: 3337 Esplanade, Chico, CA 95973
Under Negotiation: Price and Terms of Payment, in association with North Esplanade Reconstruction Project
2.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9: 16 cases - This item was removed from the agenda and not discussed.
2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None ADJOURNMENT - The meeting adjourned at 5:25 p.m. to the Adjourned Regular City Council Meeting on November 19, 2024, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 12/4/24
Deborah R. Presson, MMC, City Clerk
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