REGULAR CHICO CITY COUNCIL MEETING January 26, 2022
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
2-1-22 Agenda
1.2. Call to Order - 6:00 p.m. remotely via Zoom
1.3. Roll Call
2. CONSENT AGENDA - All matters listed under the Consent Agenda are to be considered routine and enacted by one motion.
2.1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AUTHORIZING CONTINUED TELECONFERENCE MEETINGS PER ASSEMBLY BILL 361 During the pandemic, the City of Chico City Council has been able to meet via teleconference (virtually) due to a State of California executive order that suspended certain Brown Act provisions. While that order has expired, recently enacted legislation (AB 361) allows for the continuation of virtual meetings provided that the Council determines such as stated in the below recommendation. Per AB 361, this determination must be made by the Council every 30 days. Under current Butte County Department of Health guidelines, masking is required indoors regardless of vaccination status in public and office settings when there is more than one (1) person in a room. In addition, social distancing for indoor operations and events is still recommended. (Vincent C. Ewing, City Attorney)
2.1. Staff Report
2.2. REQUEST FOR APPROVAL TO ACCEPT A CAL WATER FIREFIGHTER GRANT The Fire Department applied for a grant via the Cal Water Firefighter Grant Program and received Notice of Award. The Fire Chief is requesting the Council accept the award of $20,000. In accepting, the grant will allow for the purchase of all new wildland firefighting web gear to be used during the wildland incidents. (Steve Standridge, Fire Chief)
2.2. Staff Report
2.3. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1 AND B-3 An amendment to the City of Chico’s 2021/22 Fiscal Year Budget Appendix B-1 and B-3, modifying the position allocations for the Administrative Services Department and the Public Works - Operations & Maintenance Department. (Jamie Cannon, Director of Human Resources & Risk Management)
2.3. Staff Report
2.4. 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
4.1. REDISTRICTING OF CITY COUNCIL DISTRICTS IN THE CITY OF CHICO - PUBLIC HEARING #1 Pursuant to Elections Code section 21601 and Chico Municipal Code section 1.30.250, "the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census." The City of Chico’s ("City") redistricting process must be completed by April 17, 2022. It is also required that the City Council hold at least four (4) public hearings before adopting a final map at which the public is invited to provide input regarding the composition of the Council districts. The purpose of this first public hearing is to receive input from the residents of Chico and the public relating to the adjustment of the City Council districts, and to inform the public of the process the City will undergo to satisfy California’s redistricting requirements. (Report - Vincent C. Ewing, City Attorney) Recommendation : The City Attorney recommends that Council open the Public Hearing and receive public comment.
4.1. Staff Report
5. REGULAR AGENDA
5.1. CONSIDERATION OF AN ORDINANCE (INTRODUCTORY READING) AND A RESOLUTION RELATING TO AB 1383-MANDATORY ORGANIC WASTE DISPOSAL REDUCTION REGULATIONS The City Council will consider an ordinance and a resolution relating to the new statewide mandatory organic waste disposal reduction regulations of Senate Bill 1383 ("SB 1383"). To comply with SB 1383, the ordinance must include mandatory requirements for residents, businesses, institutions, solid waste companies, and edible food recovery related organizations to divert organic waste, including food waste, from landfills. (Report - Linda Herman, Park & Natural Resources Manager) Recommendation : The Director of Public Works O&M recommends that the City Council introduce the following Ordinance by reading of title only to amend Title 8 - "Health and Sanitation" of the Chico Municipal Code and adopt the following Resolution approving and authorizing the submittal of a SB 1383 Notice of Intent to Comply application with CalRecycle:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 8 - HEALTH AND SANITATION OF THE CHICO MUNICIPAL CODE RELATING TO MANDATORY SOLID WASTE, RECYCLING, AND ORGANIC WASTE DISPOSAL REDUCTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING THE SUBMITTAL OF A NOTICE OF INTENT TO COMPLY WITH SB 1383 - MANDATORY ORGANICS RECYCLING REGULATIONS.
5.1. Staff Report
5.2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 15 OF THE CHICO MUNICIPAL CODE (CMC) CREATING A CITY FIBER UTILITY - Introductory Reading At the January 4, 2022 Council meeting, Council unanimously approved item 5.1 thereby accepting the Broadband Master Plan Interim Report. Staff has drafted the attached ordinance to begin implementation of the pilot project. (Report - Josh Marquis, Information Systems Manager) Recommendation : The Administrative Services Director recommends that Council introduce the following ordinance, by reading of title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 15, CREATING CHAPTER 15.70 "FIBER UTILITY" OF THE CHICO MUNICIPAL CODE TO ESTABLISH A CITY OWNED FIBER UTILITY
5.2. Staff Report
5.3. CHICO COMMERCIAL CANNABIS POLICY: STOREFRONT-RETAILER DELIVERY & NON-STOREFRONT DELIVERY-ONLY The City Council, at its meeting of January 4, 2022, directed the City Attorney to analyze the City of Chico’s existing commercial cannabis policy and make recommendations regarding the operation of Retail-Storefront deliveries and Non-Storefront Delivery, and to bring back the item for discussion. (Report - Vincent C. Ewing, City Attorney) Recommendation : The City Attorney recommends that the Council use its legislative power per the Chico Municipal Code to direct staff to solicit applications for the operation of Non-Storefront Delivery-Only commercial cannabis businesses.
5.3. Staff Report
5.4. ITEMS ADDED AFTER THE POSTING OF THE AGENDA
6. REPORTS AND COMMUNICATIONS - The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda.
6.1. CITY MANAGER’S REPORT - Verbal Report, City Manager Orme
6.2. 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 is needed in order for staff to agendize. Councilmembers may also submit requests in writing.
6.3. SUNSHINING OF DRAFT MOU - SERVICE EMPLOYEES INTERNATIONAL UNION - LOCAL 1021 (SEIU) - Information only Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council is provided a draft copy of the Memorandum of Understanding applicable to the SEIU. This initiates the two week "sunshining" period for Council and community members to review the draft document. A final presentation will be brought forward to Council for consideration at its meeting on February 15, 2022. (Jamie Cannon, Director of Human Resources & Risk Management)
6.3. Staff Report
6.4. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
6.4. Staff Report
7. CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS
7.1. CLOSED SESSION – Council will recess to Closed Session, which is a closed Zoom meeting.
7.2. 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
7.3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): USDC (ED) 2:18-cv-01692-MCE-AC: Estate of Tyler S. Rushing et al v. AG Private Protection
7.4. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 Negotiator: Jamie Cannon, Director of Human Resources & Risk Management Employee Organizations: Chico Fire Safety Management, Chico Police Management, Confidentials, Chico Management Employees, International Association of Fire Fighters, Service Employees International Union, United Public Employees of California, Local 792
7.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA
7.6. CLOSED SESSION ANNOUNCEMENT
8. ADJOURNMENT - Adjourn to the Adjourned Regular City Council meeting on February 15, 2022, which will be held virtually via Zoom.