REGULAR CHICO CITY COUNCIL MEETING March 15, 2022
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 3/15/22 Agenda
1.2. Call to Order - Mayor Coolidge called the March 15, 2022 - Adjourned Regular Council Meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Police Chaplain, Peter Hansen
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. Proclamation – American Red Cross Month
1.7. Presentation – Paradise Chico Regionalization of Sewer Project
2. CONSENT AGENDA
2.1. RESOLUTION NO. 06-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FOR STATE WATER RESOURCES CONTROL BOARD WASTEWATER CONSOLIDATION PROGRAM FOR THE CHAPMAN/MULBERRY WASTEWATER CONSOLIDATION PROJECT Public Works - Engineering staff was approved to apply for grant funding through the State Water Resources Control Board's Wastewater Consolidation Program (WCP) to develop the Chapman/Mulberry Wastewater Consolidation Project. The purpose of the WCP is to coordinate with local sewer providers for the expansion of sewer service to disadvantaged communities. The WCP will award up to and possibly exceeding $10,000,000 for projects. ( Leigh Ann Sutton, Public Works Director-Engineering)
2.1. Staff Report
2.2. MINUTE ORDER NO. 01-22 - AUTHORIZATION FOR THE CITY MANAGER TO DONATE SURPLUS EQUIPMENT TO BUTTE-GLENN COMMUNITY COLLEGE DISTRICT TO SUPPORT ITS FIREFIGHTER I ACADEMY Approved a minute order declaring a cache of equipment as surplus property and authorizing the City Manager to donate the items to Butte-Glenn Community College District. ( Steve Standridge - Fire Chief
)
2.2. Staff Report
2.3. ASSEMBLY BILL (AB) 481 - MILITARY EQUIPMENT USE POLICY APPROVAL Assembly Bill 481 ("AB 481") codified in Government Code sections 7070 through 7075, requires a law enforcement agency ("LEA") to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy (the "Policy") by ordinance (the "Ordinance"), prior to the LEA funding, acquiring, or using military equipment. The Chico Police Department ("CPD") was seeking City Council approval of the attached Military Equipment Use Policy - General Order 709 (Exhibit "A"), in order to allow CPD to continue to use the vital equipment specified therein and continue to purchase said equipment as needed. ( Report - Matthew Madden, Chief of Police
)
Recommendation : It is the recommendation of the Chief of Police that Council approve the attached Military Equipment Use Policy, review the attached Ordinance to adopt the Military Equipment Use Policy, and provide the Chief of Police direction to bring back the Ordinance for its first reading and introduction after the 30-day online publication requirement of the Military Equipment Use Policy is satisfied.
2.3. Staff Report
2.5. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.3.
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on matters not already listed on the agenda. The Council cannot take any action at this meeting on requests made under this section of the agenda.
2.4. RESOLUTION NO. 07-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-420-021) - CHICO PETRO INC.
RESOLUTION NO. 08-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-450-040) - PENNEY PROPERTY SUB HOLDINGS LLC RESOLUTION NO. 09-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-420-024) - N & D RESTAURANTS LLC RESOLUTION NO. 10-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-420-026) - IN-N-OUT BURGERS RESOLUTION NO. 11-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-420-025) - MARVIN AND LINDA GEISTLINGER REVOCABLE TRUST OF JUNE 30, 1995 RESOLUTION NO. 12-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-420-027) - 12085 BRANDFORD STREET PROJECT RESOLUTION NO. 13-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-420-028) - JOE WONG FAMILY TRUST RESOLUTION NO. 14-22 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG STATE ROUTE 99 (PORTION OF APN 002-450-035) - FURROW LAND CO. LLC AND THE ARTHUR J. AND DONNA LEE PENNER LIVING TRUST, DATED APRIL 30, 1993
2.4. Staff Report
4. PUBLIC HEARINGS
4.1. REDISTRICTING OF CITY COUNCIL DISTRICTS IN THE CITY OF CHICO - PUBLIC HEARING #3: FIRST READING AND INTRODUCTION TO ORDINANCE ADJUSTING BOUNDARIES The City Council has held two (2) of four (4) mandatory public hearings on February 1, 2022 and March 1, 2022. The City of Chico's ("City") redistricting process must be completed by April 17, 2022. At the second public hearing, the City's Demographer presented ten proposed district maps submitted by both the Demographer and the public. The purpose of this third public hearing was to continue to receive public input regarding all proposed district maps, including two additional maps prepared by the Demographer. The adjustment of Council district boundaries must be established through the adoption of an ordinance. (Report - Vincent C. Ewing, City Attorney)
Recommendation : Staff recommends that the City Council (a) receive public input regarding the proposed district boundary maps; (b) choose three (3) proposed district boundary maps to be elevated for further consideration; and (c) conduct the first reading and introduction of the ordinance to adjust district boundaries.
4.1. Staff Report
5. REGULAR AGENDA
5.1. ISLAND ANNEXATION AGREEMENT BETWEEN THE CITY OF CHICO AND BUTTE LAFCO In an effort to consolidate the City's boundaries and encourage the efficient delivery of urban services, the City and Butte Local Agency Formation Commission have made substantial progress over the past year towards the common goal of annexing the remaining County "island" areas within the City's Sphere of Influence. The remaining island areas are substantially City-surrounded unincorporated County jurisdiction pockets that are largely built-out with single-family residential uses and associated infrastructure. The islands are functionally a part of the City's political, economic, and social fabric and are logical to be under City jurisdiction. The timing of annexation for the remaining islands is to be memorialized in an Island Annexation Agreement. A number of factors were considered in determining the annexation schedule, including the socio-economic status of the areas, demand for sewer service, development and redevelopment potential, and more. This planning effort has been coordinated with City department heads. (Report - Brendan Vieg, Community Development Director) Recommendation : The Community Development Director recommends that the City Council provide authority to the City Manager to enter into the Island Annexation Agreement between the City of Chico and Butte Local Agency Formation Commission.
5.1. Staff Report
4.1. REDISTRICTING OF CITY COUNCIL DISTRICTS IN THE CITY OF CHICO - PUBLIC HEARING #3: FIRST READING AND INTRODUCTION TO ORDINANCE ADJUSTING BOUNDARIES The City Council has held two (2) of four (4) mandatory public hearings on February 1, 2022 and March 1, 2022. The City of Chico’s ("City") redistricting process must be completed by April 17, 2022. At the second public hearing, the City’s Demographer presented ten proposed district maps submitted by both the Demographer and the public ("Attachment A"). The purpose of this third public hearing is to continue to receive public input regarding all proposed district maps, including two additional maps prepared by the Demographer ("Attachment B"). The adjustment of Council district boundaries must be established through the adoption of an ordinance ("Attachment C"). (Report - Vincent C. Ewing, City Attorney) Recommendation : Staff recommends that the City Council (a) receive public input regarding the proposed district boundary maps; (b) choose three (3) proposed district boundary maps to be elevated for further consideration; and (c) conduct the first reading and introduction of the ordinance to adjust district boundaries.
4.1. REDISTRICTING OF CITY COUNCIL DISTRICTS IN THE CITY OF CHICO - PUBLIC HEARING #3: FIRST READING AND INTRODUCTION TO ORDINANCE ADJUSTING BOUNDARIES The City Council has held two (2) of four (4) mandatory public hearings on February 1, 2022 and March 1, 2022. The City of Chico’s ("City") redistricting process must be completed by April 17, 2022. At the second public hearing, the City’s Demographer presented ten proposed district maps submitted by both the Demographer and the public ("Attachment A"). The purpose of this third public hearing is to continue to receive public input regarding all proposed district maps, including two additional maps prepared by the Demographer ("Attachment B"). The adjustment of Council district boundaries must be established through the adoption of an ordinance ("Attachment C"). (Report - Vincent C. Ewing, City Attorney) Recommendation : Staff recommends that the City Council (a) receive public input regarding the proposed district boundary maps; (b) choose three (3) proposed district boundary maps to be elevated for further consideration; and (c) conduct the first reading and introduction of the ordinance to adjust district boundaries.
5.2. AMERICAN RESCUE PLAN SMALL BUSINESS ASSISTANCE PROGRAM On June 8, 2021, the City Council directed City staff to develop a small business assistance program to be funded through the American Rescue Plan to address the impacts the pandemic had on local small businesses. This report provides an overview of the proposed guidelines and the implementation plan. (Report - Jennifer Macarthy, Deputy City Manager) Recommendation : The City Manager recommends that City Council 1) Approve program guidelines, and 2)Authorize City staff to enter into a Subrecipient Agreement with 3CORE for program implementation.
5.2. Staff Report
5.3. FEBRUARY 22, 2022 INTERNAL AFFAIRS COMMITTEE SPECIAL MEETING RECOMMENDATION REGARDING CODE ENFORCEMENT SERVICES PRESENTATION - tabled indefinitely
Recommendation : The Internal Affairs Committee recommends that the Council hear the presentation and instruct staff to create the requested report.
5.3. Staff Report
5.4. COUNCIL APPOINTMENTS TO THE BUTTE CHOICE ENERGY AUTHORITY On 10/1/19, the Chico City Council adopted an ordinance authorizing the implementation of a Community Choice Aggregation (CCA) program which allows cities and counties to aggregate the electricity buying power (electrical load) of residential, commercial, and municipal customers within a jurisdiction to purchase power and meet their electricity needs. In order to establish this program, the Butte Choice Energy Authority was created, with the board comprised of various representatives from the County, including two voting members and two alternates representing the City of Chico.
On 11/5/19, the Council adopted Resolution No. 77-19, that finalized the Joint Powers Authority Agreement establishing the Butte Choice Energy Authority (BCEA). Pursuant to the appointment process set forth in that resolution, the Council voted 6-1, with Morgan opposed to appoint Councilmember Brown and Councilmember Huber as board members, with former Councilmembers Schwab and Stone serving as the required alternates. In May of 2021, Council confirmed the mayor's appointment of Vice Mayor Reynolds to fill one of the alternate's spots. However, the Internal Affairs Committee meeting has since moved to the first Monday of each month from 4:00 - 6:00 p.m. thereby eliminating the ability of Vice Mayor Reynolds to serve on this board. Therefore, Council was asked to officially appoint one additional board member and two alternates to fill the vacancies of Huber, Schwab and Stone. Councilmember Brown has continued in her capacity as the Council appointee ensuring that there has been representation by the City of Chico since its inception. BCEA meetings are held on the first Monday of each month, at 5:30 p.m. in the BCAG meeting room. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends Council select one additional board member and two alternates to serve on the Butte Choice Energy Authority.
5.4. Staff Report
5.5. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None
6. 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 agrees to include it on a subsequent agenda.
6.1. CITY MANAGER’S REPORT - Verbal Report, City Manager Orme
6.2. COUNCILMEMBER REQUESTS - None
7. CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS
7.1. CLOSED SESSION – Council recessed to Closed Session in Conference Room 2 at 8:59 p.m.
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(a): SUPERIOR COURT Case No. 22CV00360: David L. Waddell v. City of Chico
7.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): CHICO SCRAP METAL V. CITY OF CHICO (SCSC CASE NO. 18CV03900)
7.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code section 54957(b).) Title: City Manager
7.6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney
7.7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code section 54957(b).) Title: City Clerk
7.8. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 Negotiator: Jamie Cannon, Director of Human Resources & Risk Management Employee Organizations: Chico Battalion Chiefs, Chico Management Employees, Chico Police Management, Chico Police Officers Association, Chico Public Safety Association, Confidentials, International Association of Fire Fighters, Service Employees International Union – Trades & Crafts, Stationary Engineers Local 39, United Public Employees of California - Local 792, and All Department Heads
7.9. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
7.10. CLOSED SESSION ANNOUNCEMENT - The City Clerk announced that the Council met in Closed Session with staff to discuss the seven items as noted on the agenda. No action was taken on any of the items; direction was provided.
8. ADJOURNMENT - Adjourned at 10:25 p.m. to the Regular City Council meeting on April 5, 2022, at 6:00 p.m., in the Council Chamber, 421 Main Street, Chico, CA.