ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - October 18, 2016 11 ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 D.m. 1.2. Call to Order - Mayor Sorensen called the October 18, 2016 - Adiourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street. 1.3. Invocation - Bruce Finch, First Church of Christ Scientist 1 4 Pledge of Allegiance to the Flag 1.5. Roll Call Present: Coolidge, Fillmer, Ritter, Schwab, Stone, Morgan, Sorensen Absent 16. MAYOR'S ARTS AWARDS * Outstanding Artist - Charlie Robinson * Outstanding Artist/Patron of the Arts - Gwen Curatilo * Outstandinct Organization - 7th St Center for the Arts 2 CONSENT AGENDA Addressing the Council on Item 2.2. regarding the Conflict of Interest Code was Stephanie Taber. -- A motion was made by Coolidge and seconded by Morgan to approve the Consent Agenda, as read, with it noted that Councilmember Schwab recused herself onltem 2.1. pertaining to the enactment of the Glass Free Zone in the Downtown area due to owning a business within 500 ft. of the area being affected. The motion carried by the following vote. NOES Coolidge, Fillmer, Ritter, Schwab, Stone, Morgan, Sorensen 21. RESOLUTION NO. 83-16 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ENACTING EXPANDED HOURS OF THE GLASS FREE ZONE IN ACCORDANCE WITH CHAPTER 9.32 OF THE CHICO MUNICIPAL CODE. ENTITLED "GLASS-FREE ZONE" The police department was seeking to enact the Glass Free Zone, pursuant to CMC 9.32.040 for the 2016 Chico Police Department Halloween Operations Plan. This year, Halloween falls on Monday, October 31, 2016 which will require the police department to plan and staff for special events startinci Thursdav. October 27. 2016. The DoliCe department requested the adoption of the Glass Free Zone resolution beginnina on Thursdav. October 27. 2016 at 6:00 a.m. and ending on Tuesdav. November 1. 2106 at 6:00 a.m. October!8.2016 page I of 3
2.2. RESOLUTION NO. 84-16 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING SECTION 2R.04.180, ENTITLED "CONFLICT OF INTEREST CODE" OF THE CHICO MUNICIPAL CODE It is necessary to biennially update the City's conflict of interest reporting code. This is a "housekeeping" resolution which amends the portion of the City of Chico's Conflict of Interest Code which lists the required disclosure categories of designated city officials and employees pursuant to the requirements of the Political Reform Act. 2.3. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 10/4/16 2.4. ITEMS REMOVED FROM CONSENT - 3 CLOSED SESSION Council recessed at 6:20 p. m. to Closed Session. The meeting was reconvened at 6:40 p.m. and all members were present. 3.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2): Three Cases 3.2 CONFERENCE WITH LEGAL COUNSEL Gov. Code Sec. 54956.9(d)(1 ): EXISTING LITIGATION: Pursuant to Cal. BILL WEBB CONSTRUCTION. INC. V. THE COUNTY OF BUTTE. ET AL. - CASE NO. 16CV00186 STEPHEN HOSTETTER V. CITY OF CHICO, ET AL. (BUTTE COUNTY SUPERIOR COURT CASE NO. 165302) 3.3. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 Negotiators: Mark Orme, City Manager. Jamie Cannon. Human Resources & Risk Manager, and Jack Hughes Employee Organizations: international Association of Fire Fighters, Chico Public Safety Association, Management, Public Safety Management, and Local 39 34 RECONVENE TO CITY COUNCIL MEETING 35 CLOSED SESSION ANNOUNCEMENT City Attorney Ewing announced that Council met in Closed Session to discuss the items listed under 3.1., 3.2., and 3.3. No action was taken, direction was provided. it was noted for the record that the Council planned to reconvene back in Closed Session at the end of the meeting to further discuss these items. City Attorney Ewing also announced that at the October 4,2016 meeting, the Council reconvened into Closed Session at the end of the meeting to continue its discussions on the items as outlined on that agenda. No action was taken, direction was provided. -- October 18. 2016 page 2 45
4. HEARINGS 4.1 CHICO SCRAP METAL Hearina - regarding a proposed architectural review, rezone (text amendment). Neighborhood Plan amendment, and development agreement for Chico Scra D Metal at 878 East 20th Street. The proposal included: 1) approval of site improvements and landscaping to improve aesthetics and neighborhood compatibility; 2) elimination of amortization requirements found in the Chapman/Mulberry Neighborhood Plan and the Chico Municipal Code; 3) approval of a Development Agreement under which Chico Scrap Metal would modify and reaulate its activities in order to improve its compatibility with the surrounding neighborhood. A Negative Declaration was prepared to satisfy the requirements of the California Environmental Quality Act (CEQA). (Report - Mark Wolfe, Communitv Development Director) The proposed ordinances will modify Title 19 of the Chico Municipal Code and amend the Chapman/Mulberry Neighborhood Plan by removing amortization language, and adopt a Development Agreement. The proposed resolution will adopt a Negative Declaration and approve Architectural Review 15-17 Affecting Property Located at 878 East 20th Street: APNs 005-450-014,005-450-030, 005-422-009, 005-422-013 and 005-422-017. Addressing the Council were Loretta Torres, Ron Angle, Dan Everhart, Karl Ory, Nelson Anthoine, Sean Cooney, Danielle Mootz, Richard Roberts, Deryl Higbee, Kim Scott, and Richard Roth. A motion was made by Fillmer and seconded by Morgan to introduce the ordinances by reading of title only and adopt the resolution as follows: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE AND AMENDING THE CHAPMAN/MULBERRY NEIGHBORHOOD PLAN (RZ 15-06) TO REMOVE LANGUAGE PERTAINING TO AMORTIZATION OF CHICO SCRAP METAL RESOLUTION NO. 85-16 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING NEGATIVE DECLARATION AND APPROVING ARCHITECTRUAL REVIEW (AR 15-17) FOR CHICO SCRAP METAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING DEVELOPMENT AGREEMENT (DA 15-01) BETWEEN THE CITY OF CHICO AND CHICO SCRAP METAL Councjlmember Schwab asked for a friendly amendment to include an extension in order to allow additional time to find a new location for the business. The amendment was not accepted. Councilmember Coolidge asked for a friendly amendment to have the ordinances go into effect in 6-months and direct staff during that time to search for State and Federal grant funding for relocation purposes. That amendment was not accepted. The motion carried by the following vote: Coolidge, Fillmer, Morgan, Sorensen October 18,2016 Minides Page 3 of 5
NOES: Ritter, Schwab. Stone Councilmember Coolidge made a motion to direct staff to help the Scotts for a 6-month period with their relocation efforts. The motion died for a lack of a second. The Council recessed at 7:45 p.m. fora 15-minute break. The meeting was reconvened and all members were present. 5 REGULAR AGENDA 5 1 ORDINANCE AMENDING CHICO MUNICIAPL CODE CHAPTER 10.40, RELATED TO BICYCLE LICENSING The City of Chico implemented a bicvcle ordinance by establishing Chico Municipal Code (CMC) Section 10.40 which requires everv City resident operating or using a bicycle on any street within the City to register the bicycle with the City. Compliance has always been a challenge and the revenue has not allowed the City to engage in any bicycle safety programs beneficial to residents. The current recommendation is to revise the CMC Section 10.40 to allow for an alternate online registration process which will be offered at no cost, low administrative cost. and will remove anv financial barrier to increasing compliance with bicycle registration requirements. (Report, Chris Constantin. Assistant Citv Manager) Addressing the Council on this item were Michael Reilley, Janine Rood and Paula Hare. A motion was made by Morgan and seconded by Coolidge to introduce the following ordinance by reading of title only: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 10.40, RELATED TO BICYCLE LICENSING The motion carried by the following vote. NOES: Coolidge, Fillmer, Ritter, Schwab, Stone, Morgan, Sorensen 5.2. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - Closed Session Items 3.1-2 additional items and one additional item listed under Item 3.2. 6 BUSINESS FROM THE FLOOR Dan Everhart and Delha Tucker addressed the Council on this item. 7. REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for the Council's information. No action was taken. 72 SUNSHINING OF NEGOTIATION PROPOSALS - CPSA October 18.2016 Page 4 of 5
Under the terms of the Council's request to sunshine Union Proposals, Council is provided the initial proposals from the Chico Public Safety Association (CPSA). Additionally, Council was provided with the Citv's initial/counter proposals for the CPSA. Once negotiations conclude, the final draft agreements will be brought back to Council for action in open session. (Report - Jamie Cannon, Human Resources & Risk Manager) Addressing the Council on both Item 7.2 and 7.3 was Stephanie Taber. 7 3 SUNSHINING OF DRAFT PBR - PUBLIC SAFETY MANAGEMENT (PSM) Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council is provided a draft copy of the Pay and Benefits Resolution applicable to the PSM. This initiated the two week "sunshining" period for Council and community members to review the draft document. A final presentation will be brought forward to Council consideration at its meeting on November 1, 2016. (Report - Jamie Cannon, Human Resources & Risk Manager) 8 ADJOURNMENT - The Council recessed at 8:45 p.m. to continue its Closed Session discussion. The meeting was reconvened and adiourned at 9:30 p.m. to a Regular City Council meeting on Tuesday, November 1. 2016. at 6:00 D.m. in the City Council Chamber. Date Approved jdrp 11/1/16 Deborah R. Presson, MMC, City Clerk October 18,2016 Page 5 of 5