ADJOURNED REGULAR CHICO CITY COUNCIL MEETING OF FEBRUARY 15, 2022 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
Call to Order - Mayor Coolidge called the February 15, 2022 - Adjourned Regular Chico 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: None
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.
1.4. February 1, 2022 Closed Session Announcement
The City Clerk announced that on February 1, 2022, Council met in Closed Session with staff regarding the following three items:
• 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.
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
Addressing the Council on the Consent Agenda items were Chris Nelson, Jesica Giannola, and Ruth Sarnoff.
A motion was made by Councilmember O'Brien and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read, with Items 2.3. and 2.4. removed for further discussion.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
2.1. ORDINANCE NO. 2572 - 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 - Final reading and adoption by reading of title only
Adopted an ordinance adding Chapter 15.70 "Fiber Utility" in the Chico Municipal Code. This was the final reading and adoption of amendments to Title 15. (Josh Marquis, Deputy Director - Information Systems)
February 15, 2022 Council Minutes Page 1 of 6
2.2. ORDINANCE NO. 2573 - 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 - Final reading and adoption by reading of title only
Adopted an ordinance to help the City comply with the new statewide mandatory organic waste disposal reduction regulations (Senate Bill 1383). The ordinance included mandatory requirements for residents, businesses, institutions, solid waste companies, and edible food recovery organizations to divert recyclables and organic waste, including food waste, from landfills. This was the final reading and adoption of the ordinance. (Linda Herman, Park & Natural Resources Manager)
2.3. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-PD-001 - This item was removed from the Consent Agenda at the request of Councilmember Brown.
The Police Department was seeking approval to utilize one-time savings from salary and benefits due to unfilled positions for technology and equipment upgrades. Staff was requesting to move $341,975 to their non-reoccurring operating accounts from salaries and benefits budget. (Matthew Madden, Chief of Police
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to approve the supplemental appropriation.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: Brown
2.4. CONSIDERATION OF APPROVAL SUPPLEMENTAL I APPROPRIATION/ BUDGET MODIFICATION NO. 2022-PWE-002 - This item was removed from the Consent Agenda at the request of Councilmember Brown.
The Public Works Director-Engineering requested consideration and approval of a Supplemental Appropriation/Budget Modification that would transfer unspent funds between projects to better align with the City's needs and shift grant funding between fiscal years on Capital Project No. 50441 - Hegan Lane Congestion Relief, to better align with anticipated use of funds. (Report - Leigh Ann Sutton, Public Works Director-Engineering)
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to approve the supplemental appropriation/budget modification No. 2022-PWE-002.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
2.5. ITEMS REMOVED FROM THE CONSENT AGENDA - Items 2.3. and 2.4.
3. BUSINESS FROM THE FLOOR
Addressing the Council on this item were Daniel Govan, Nancy Park, Mark Kay Benson, Julie Butler, Nichole Nava, Ruth Sarnoff, Jesica Giannola, and Lori Harris.
PUBLIC HEARINGS - None
February 15, 2022 Council Minutes Page 2 of 6
5. REGULAR AGENDA
5.1. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 7.24 TO THE CHICO
MUNICIPAL CODE - PET SHOP AND KENNEL REGULATIONS
Council considered the introduction of an ordinance amending Title 7 ("Animals") of the Chico Municipal Code adding Chapter 7.24 ("Pet Shop and Kennel Regulations"), including definitions of "Pet Shop" and "Kennel" and establishing standards of care and permit requirements. (Report - Matthew Madden, Chief of Police)
A motion was made by Councilmember O'Brien and seconded by Councilmember Tandon to introduce an ordinance amending Title 7 in order to add Chapter 7.24 ("Pet Shop and Kennel Regulations"), including definitions of "pet shop" and "kennel" and establishing standards of care and permit requirements as noted below:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING TITLE 7 ("ANIMALS") OF THE CHICO MUNICIPAL CODE ADDING CHAPTER 7.24 ("PET SHOP AND KENNEL REGULATIONS"), INCLUDING DEFINITIONS OF "PET SHOP" AND "KENNEL" AND ESTABLISHING STANDARDS OF CARE AND PERMIT REQUIREMENTS - Introductory Reading Addressing the Council on this item were Jesica Giannola and Ruth Sarnoff.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
5.2. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - SERVICE EMPLOYEES INTERNATIONAL UNION - LOCAL 1021 (SEIU)
Council considered a resolution which modified the pay and benefit provisions applicable to Service Employees International Union, resulting from recently concluded negotiations. (Report - Jamie Cannon, Director of Human Resources & Risk Management)
A motion was made by Mayor Coolidge and seconded by Councilmember Morgan to adopt the following resolution approving a Memorandum of Understanding between the City and the SEIU unit regarding pay, hours, and other terms and conditions of employment for January 1, 2022 through December 31, 2024:
RESOLUTION NO. 05-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND THE SERVICE
EMPLOYEES INTERNATIONAL UNION, TRADES AND CRAFT UNIT REGARDING PAY, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR JANUARY 1, 2022 THROUGH DECEMBER 31, 2024 (2022 MOU SEIU-TC UNIT)"
Addressing the Council on this item were Rob Berry, Ruth Sarnoff, and Julie Threet.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Reynolds, Coolidge NOES: None
DISQ: Tandon
February 15, 2022 Council Minutes Page 3 of 6
5.3. VICE MAYOR REYNOLDS REQUEST - LETTER OF SUPPORT AB 1599 At its meeting of 1/18/22, Council voted to agendize Vice Mayor Reynolds' request to discuss a letter of support of Assembly Bill 1599, which would bring Proposition 47 back before the voters.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to send a letter of support of Assembly Bill 1599, which would bring Proposition 47 back before the voters.
Addressing the Council on this item were Nichole Nava, Jesica Giannola, Ruth Sarnoff, and Katie Posey.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: Brown
5.4. MAYOR COOLIDGE REQUEST - BIDWELL PARK AND PLAYGROUND COMMISSION
REVIEW OF PARK RULES
At its meeting of 1/18/22, Council voted to agendize Mayor Coolidge's request to direct the Bidwell Parks and Playground Commission to review the park rules.
Addressing the Council were Nichole Nava, Jesica Giannola, Katie Posey, and Ruth Sarnoff.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to refer the review of the current park rules to the Bidwell Park and Playground Commission.
Councilmember Morgan said he would support the review but not a complete re-writing of all the rules and when it comes back, it should be bullet points and written in broad strokes.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
5.5. 150 YEAR CELEBRATION - Informational Update
The City of Chico celebrates 150 years in existence this year. In order to mark this milestone, the City of Chico staff will be working with community partners to create a 150-year community celebration This verbal report provided an overview of the 150-year celebration planning efforts. (Report - Jennifer Macarthy, Deputy City Manager)
Addressing the Council were Nichole Nava, Jesica Giannola, Mary Kay Benson, and Julie Threet.
February 15, 2022 Council Minutes Page 4 of 6
5.6. ADVANCED LIFE SUPPORT (ALS) SERVICE AREA RESOLUTIONS Chico Fire Department (CFO) has provided basic emergency medical care to city residents and visitors for over four decades. During this time, the scope of basic life support (BLS) interventions and treatments have greatly expanded and continue to do so. Virtually every U.S. firefighter receives basic emergency medical training as a minimum requirement while other departments also mandate advanced life support {ALS) training and certification.
By resolution, Chico will have more local control over its pre-hospital emergency medical system, which is currently the responsibility of Butte County and managed under Sierra- Sacramento Valley EMS Agency (S-SV EMS). (Report - Steve Standridge, Fire Chief) Addressing the Council on this item were Jesica Giannola and Ruth Sarnoff.
No action was taken by the Council; direction was provided to staff to bring this item back at a later date with staff to continue the discussion with the stakeholders and to further define the costs and details.
5.7. 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 could be taken on items under this section unless the Council agreed to include it on a subsequent agenda.
6.1. CITY MANAGER'S REPORT - Verbal Report, City Manager Orme
6.2. COUNCILMEMBER REQUESTS
Presentation on Condition of Roads
Mayor Coolidge requested that Council approve a 15-minute presentation by Public Works regarding the condition of the City's roads; where they have been and where are they heading.
A motion was made by Councilmember Morgan and seconded by Mayor Coolidge to approve the presentation. Carried 7-0.
COMPARATIVE ANALYSIS OF REGIONAL HOUSING PRODUCTION AND PROJECTION OF 5TH HOUSING CYCLE COMPLETION - Informational only
CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - Rob Berry and Nichole Nava addressed the Council regarding Closed Session items.
CLOSED SESSION - Council recessed to Closed Session at 9:25 p.m., which is a closed Zoom meeting to discuss the following items:
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): BCSC Case No18CV04048; 3rd DCA Case No C092612: Northern California Environmental Development Committee v. City of Chico February 15, 2022 Council Minutes Page 5 of 6
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 - None
7.6. CLOSED SESSION ANNOUNCEMENT I
At 10:39 p.m., the City Clerk 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; direction was provided. • Item 7.3. Northern California Environmental Development Committee v. City of Chico - Update was provided.
• Item 7.4. Labor Negotiations - No action was taken; direction was provided.
ADJOURNMENT - The meeting was adjourned at 10:40 p.m. to the Council Strategic Planning Session on February 25, 2022, at 9:00 a.m., 411 Main Street, Third Floor, Chico, CA, followed by the Regular City Council meeting on March 1, 2022 at 6:00 p.m., in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: 4/19/22
Nawake hessen
Deborah R. Presson, City Clerk
February 15, 2022 Council Minutes Page 6 of 6