2/18/20 City Council Meeting

## 1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.

1.2. Call to Order - Mayor Stone called the February 18, 2020 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

## 1.3. Invocation – Chaplain Eileen Brownell

1.4. Pledge of Allegiance to the Flag

## 1.5. Roll Call

Present: Huber, Morgan, Ory, Reynolds, Schwab, Brown, Stone Absent: None

## 1.6. Proclamation – National Teen Dating Violence Prevention and Awareness Month

## 2. CONSENT AGENDA

Councilmember Reynolds and Councilmember Schwab recused themselves on Item 2.1. due to owning a leasehold property within the area being discussed.

Addressing the Council on the Consent Agenda was Steven Breedlove.

A motion was made by Councilmember Morgan and seconded by Vice Mayor Brown to approve the Consent Agenda, as read, with Councilmembers Reynolds and Schwab recusing themselves from Item 2.1.

The motion carried by the following vote:

AYES: Huber, Morgan, Brown, Stone NOES: Ory DISQ: Reynolds, Schwab

2.1. ORDINANCE NO. 2548 – ORDINANCE OF THE COUNCIL OF THE CITY OF CHICO AMENDING SECTION 9.38.056 TO THE CHICO MUNICIPAL CITY CODE REGARDING NOISE FROM VEHICLES AND BICYCLES – Final reading and adoption

Adopted an ordinance modifying the City's noise ordinance as it pertains to amplified sound from bicycles in the downtown core. The focus was the impact of multiple citations issued to vendors who provide biking services to the public while playing loud music. Currently, amplified music is prohibited from a bicycle when it exceeds a reasonable volume. The change to the municipal code would require a complaint first within the downtown core before an enforcement action is taken and to leave the municipal code as is for all remaining geographic areas. (Chris Constantin, Assistant City Manager)

## 2.2. ITEMS REMOVED FROM THE CONSENT AGENDA – None

Mayor Stone announced that Items 5.2., 5.3., 5.5., 5.6., 5.7., 5.8. and Item 6.3. were pulled from this agenda and continued to a future meeting.

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## 3. BUSINESS FROM THE FLOOR

Addressing the Council were Kami Denlay, Steve Kampfen, Rob Berry, Lisa Currier, Nichole Nava, Daniel Rodrigues, Amy Merlo, Sascha Sarnoff, Ruth Sarnoff, Angela McLaughlin, Josh Lang, Lauren Kohler, Robyn Engel, Rain Scher, Derrick Sanderson, Robert Woods, Nancy Wirtz, Chris Pelak, Pablo Cooper, Jeremy Markley, Steven Breedlove, Bill Mash, Tim Lynch, Patrick Newman, Charmain Riggs, Richard Muenzer, and Jesica Giannola.

Recessed at 7:22 p.m. for a 10-minute break. The meeting was reconvened, and all members were present.

## 4. PUBLIC HEARINGS - None

## 5. REGULAR AGENDA

## 5.1. SIT & LIE ORDINANCE AND AMENDMENTS TO OFFENSES AGAINST PUBLIC PROPERTY ORDINANCE – Vice Mayor Brown & Mayor Stone

At its meeting of 2/4/20, the Council voted to agendize a request from Mayor Stone and Vice Mayor Brown to hold a discussion to rescind the Sit & Lie Ordinance and to amend the Offenses Against Public Property Ordinance.

Addressing the Council on this item were Kami Denlay, Rob Berry, Lisa Currier, Lindsay Briggs, Nichole Nava, Steve Kampfen, Chaz Kelley, Jesica Giannola, Angela McLaughlin, Lauren Kohler, Raymond Scott, Robyn Engel, Rain Scher, Nancy Wirtz, Chris Mayer, Kari Logan, Eric Nilsson, Doug Guillon, Jennifer Slinkard, Emily Alma, Hali Meyers, Mary Kay Benson, Charles Withuhn, Jeremy Markley, Steven Breedlove, Jen Fields, Marin Hambley, Chris Daniels, Patrick Newman, Tim Lynch, Sharon Fritsch, Craig O'Brien, Tom VanOverbeek, Nathaniel Perry, Tom DiGiovanni, Dee Austin, Benson, Roxanne Eldridge, Mike Lang, Ryan Schwab, Katy Thoma, John Adams, Richard Muenzer, and Choir Tennin.

## Sit Lie Ordinance

A motion was made by Councilmember Huber to: (1) table consideration of rescinding the ordinance for six months, at which time the Council will evaluate how Sit Lie is being enforced, and what sort of process is being made creating more shelter space; (2) that all policing for Sit Lie violations include a social worker per the model the City employs in the mobile crisis unit and that the City budget for a social worker to be available for all the hours that the Sit Lie ordinance covers; and (3) that staff modify the Sit & Lie ordinance to eliminate any financial penalties, and instead replace it with those with a referral to appropriate service providers including social workers, drug treatment programs, mental health counseling, etc.

Councilmember Morgan said he would second the motion if Councilmember Huber would change his second item regarding the addition of a social worker position to assist the Police Department in order to allow time for the City Manager to first reach out to the County to see if they were willing to help the City out with a social worker employee or at least assist with funding for it and if they are unwilling to do that, the City Manager would bring that back to the Council. Depending on how long that takes, that would determine the duration of Item 1 regarding the six-month evaluation period of the Sit Lie ordinance.

Councilmember Huber stated that he would accept that change of waiting to hear back on Item 2 before considering Item 1. So, Councilmember Morgan seconded the motion.

Councilmember Schwab indicated she would like to see what the costs of the position would be and once that is known, would be willing to consider a contract employee instead of a City position.

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A substitute motion was made by Vice Mayor Brown and seconded by Mayor Stone to rescind the Sit & Lie Ordinance.

The motion failed by the following vote:

AYES: Ory, Brown, Stone NOES: Huber, Morgan, Reynolds, Schwab

A second substitute motion was made by Councilmember Ory and seconded by Vice Mayor Brown to suspend the Sit Lie ordinance until the City has an equivalent of 250 beds and a full-time equivalent behavior health designated coordinator hired and on board.

The motion failed by the following vote:

AYES: Ory, Brown, Stone NOES: Huber, Morgan, Reynolds, Schwab

The original motion made by Councilmember Huber and seconded by Councilmember Morgan to: (1) table consideration of rescinding the ordinance for six months or at such time as the City Manager comes back after meeting with the County to evaluate how Sit & Lie is being enforced, including what sort of process is being made to create more shelter space; (2) all policing for Sit & Lie violations include a social worker per the model the City employs in the mobile crisis unit and that the City budget for a social worker to be available all of the hours that the Sit & Lie ordinance covers to be considered after the City Manager has had an opportunity to reach out to the County for assistance; and (3) that staff modify the Sit & Lie ordinance to eliminate any financial penalties, and instead replace it with a referral to appropriate service providers including social workers, drug treatment programs, mental health counseling, carried by the following vote:

AYES: Huber, Morgan, Reynolds, Schwab NOES: Ory, Brown, Stone

2/18/20 City Council Meeting

REGULAR CHICO CITY COUNCIL MEETING February 18, 2020 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 2-18-20 Amended Agenda

1.2.

Call to Order - Mayor Stone called the February 18, 2020 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3.

Invocation – Chaplain Eileen Brownell

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

Proclamation – National Teen Dating Violence Prevention and Awareness Month

2.

CONSENT AGENDA

2.1.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF CHICO AMENDING SECTION 9.38.056 TO THE CHICO MUNICIPAL CITY CODE REGARDING NOISE FROM VEHICLES AND BICYCLES - Final reading and adoption Adopt - an ordinance modifying the City's noise ordinance as it pertains to amplified sound from bicycles in the downtown core. The focus was the impact of multiple citations issued to vendors who provide biking services to the public while playing loud music. Currently, amplified music is prohibited from a bicycle when it exceeds a reasonable volume. The change to the municipal code would require a complaint first within the downtown core before an enforcement action is taken and to leave the municipal code as is for all remaining geographic areas. (Chris Constantin, Assistant City Manager) 2.1. Noise Ordinance

2.2.

ITEMS REMOVED FROM THE CONSENT AGENDA

3.

BUSINESS FROM THE FLOOR - Members of the public may address the Council at this time on any matter not already listed on the agenda, with comments being limited to three minutes or as determined by the Mayor based on the number of speakers. The Council cannot take any action at this meeting on requests made under this section of the agenda.

4.

PUBLIC HEARINGS

5.

REGULAR AGENDA

5.1.

At its meeting of 2/4/20, the Council voted to agendize a request from Mayor Stone and Vice Mayor Brown to hold a discussion to rescind the Sit & Lie Ordinance and to amend the Offenses Against Public Property Ordinance. 5.1. Mayor/Vice Mayor request - Sit Lie/Offenses

5.2.

At its meeting of 2/4/20, the Council voted to agendize a request from Councilmember Ory to hold a discussion to consider the Residential Energy Conservation Ordinance for Substantial Remodels. 5.2. Councilmember Ory request - Residential Energy Codes

5.3.

At its meeting of 2/4/20, the Council voted to agendize a request from Councilmember Ory to hold a discussion on the draft Extreme Heat Preparedness Plan and the cost of cooling shelters to be considered during budget time. 5.3. Councilmember Ory request - Extreme Heat Preparedness Plan

5.4.

At its meeting of 2/4/20, the Council voted to agendize a request from Councilmember Morgan to hold a discussion to consider an ordinance banning needle distribution programs. 5.4. Councilmember Morgan request - Needle Distribution

5.5.

At its meeting of 2/4/20, during Business from the Floor, Mayor Stone requested that a discussion be added to the agenda regarding the Police Community Advisory Board.

5.6.

At its meeting of 2/4/20, during Councilmember Morgan’s request to consider an ordinance banning needle distribution programs, Mayor Stone requested that a discussion be added to the agenda regarding the City’s waste haulers providing a public location for needle disposal.

5.7.

At its meeting of 2/4/20, during City Manager Orme’s report on the Acceptance of Grant to Fund a Grant and Projects Manager, Mayor Stone requested that a discussion be added to the agenda regarding inclusionary zoning

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