REGULAR CHICO CITY COUNCIL MEETING OF FEBRUARY 1, 2022
Minutes
1.1. REGULAR CITY COUNCIL MEETING
1.2. Call to Order - Mayor Coolidge called the February 1, 2022 - Regular City Council meeting to order at 6:00 p.m. remotely via Zoom.
1.3. Roll Call
Present: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge
Absent:
PUBLIC PARTICIPATION: Due to the universal masking in-doors mandate issued by the California Department of Public Health and to protect the health of its citizens, the Council meeting was held virtually via Zoom. The public also submitted submit comments via Engaged Chico on the City's website.
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and enacted by one motion.
Addressing the Council on the Consent Agenda items were Juanita Sumner, Eileen Robinson, Ruth Sarnoff, Julie Threet, Nichole Nava, and Davy.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to approve the Consent Agenda, as read, with Item 2.3. removed for further discussion.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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)
2.2. 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)
February 1, 2022 Council Minutes Page 1 of 5
2.3. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1 AND B-3 - This item was removed from the Consent Agenda at the request of Councilmember Brown and acted on separately.
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) A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to approve the Consent Agenda, as read, with Item 2.3. removed for further discussion.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Coolidge NOES: Reynolds
2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.3.
3. BUSINESS FROM THE FLOOR - Addressing the Council under this item were Nichole Nava, Dr. Katie Posey, Julie Threet, Ruth Sarnoft, and Davy.
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 was 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) Mayor Coolidge opened the hearing to the public. Addressing the Council were Nichole Nava, Ruth Sarnoff, Julie Threet, Eileen Robinson, Davy, and Bryce Goldstein. The hearing was closed to further comment.
No action was taken. This first public hearing was held in order to solicit public input on the redistricting process for the City of Chico. The Demographer provided an overview of the criteria that needed to be considered when modifying boundary lines and showcased the mapping tools that are now available on the City's website.
Citizens can provide their own proposed maps either by using a paper map process or by drawing the boundary lines using the online program found on the City's website. Citizen maps need to be submitted to the City Clerk's office by 5:00 p.m. on February 14th. The second public hearing is scheduled for March 1, 2022.
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 considered an ordinance and a resolution relating to the new statewide mandatory organic waste disposal reduction regulations of Senate Bill 1383 ("SB 1383").
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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)
A motion was made by Councilmember Brown and seconded by Vice Mayor Reynolds to introduce the following ordinance by reading of title only and to adopt the following resolution:
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 - Introductory Reading
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
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
The Council recessed at 7:25 p.m. for a ten-minute break. The meeting was reconvened and all members were present.
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) A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to 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
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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)
A motion was made by Councilmember Brown and seconded by Mayor Coolidge to direct the City Attorney to explore the nuances of enforcement if a ban on outside deliveries was to remain in effect.
Staff was asked to bring back what that type of enforcement structure would look like.
That motion failed by the following vote:
AYES: Brown, Reynolds, Coolidge
NOES: Bennett, Morgan, O'Brien, Tandon
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A motion was made by Councilmember Brown to bring back the discussion on deliveries once the store fronts were open. The motion failed due to a lack of second.
5.4. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None REPORTS AND COMMUNICATIONS - The following reports and communication items were 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 - None
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 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 for consideration at its meeting on February 15, 2022. (Jamie Cannon, Director of Human Resources & Risk Management)
6.4. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - Public Comments were made by Rob Berry, Ruth Sarnoff, and Sascha.
7.1. CLOSED SESSION - Council recessed at 8:30 p.m. to Closed Session, which was 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 Employee International Union, United Public Employees of California, Local 792
7.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None February 1, 2022 Council Minutes Page 4 of 5
7.6. CLOSED SESSION ANNOUNCEMENT
At 9:40 p.m. the City Attorney announced that Council met in Closed Session with staff regarding the three items listed on the agenda
Item 7.2. Warren vs City of Chico - No action was taken; no direction was provided.
Item 7.3. Estate of Tyler S. Rushing et al v. AG Private Protection - No action was taken; direction was provided.
Item 7.4. Labor Negotiations - No action was taken; direction was provided.
ADJOURNMENT - Adjourned at 9:43 p.m. to the Adjourned Regular City Council meeting on February 15, 2022, which will be held virtually via Zoom.
Date Approved: • 4/19/22
Nebrand Passen
Deborah R. Presson, City Clerk
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