ADJOURNED REGULAR CHICO CITY COUNCIL MEETING [J November 17, Minutes

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1 ADJOURNED REGULAR CHICO CITY COUNCIL MEETING [J November 17, 2015 Minutes 1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:30 D.m Call to Order - Mayor Sorensen called the November 17, Adjourned Regular City Council meeting to order at 6:30 p.m. in the Council Chamber, 421 Main Street Invocation - Pastor Jim Peck, New Vision United Church of Christ 1 4. Pledge of Allegiance to the Flag 1.5. Roll Call Present: Absent 1.6. Closed Session Announcement City Attorney Ewing announced that Council and staff met in Closed Session to discuss the items as set forth on the agenda. No reportable action was taken; direction was provided ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CHAPTER OF THE CHICO MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND DISCHARGE CONTROLS - Final reading and adoption Adopted - an ordinance that amends Section of the Chico Municipal Code by incorporating requirements outlined in a Phase 11 Municipal Separate Storm Sewer Svstem Permit (MS4 Permit). The Public Works Director - (Enaineerina) recommended final reading and adodtion of the ordinance bv reading of the title onlv. Addressing the Council in opposition to this item was Stephanie Taber. A motion was made by Schwab and seconded by Morgan to adopt the following ordinance: ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CHAPTER OF THE CHICO MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND DISCHARGE CONTROLS - Final reading and adoption 2.2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 9.38 OF THE CHICO MUNICIPAL CODE RELATING TO NOISE CONTROL - Final reading and adoption -This item was removed from the Consent Agenda and continued to a future meeting. 2 3 ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO RESTATING AND GRANTING A FRANCHISE FOR THE EXCLUSIVE USE OF A November 17, 2015 DRAFT MINUTES Page 1 of 9

2 PORTION OF CITY STREETS, SIDEWALKS, OR OTHER CITY PROPERTY - DOWNTOWN CHICO BUSINESS ASSOCIATION ANNUAL EVENTS (DCBA) - Final Reading and adoption Adopted - an ordinance modifying the existing franchise agreement with the Downtown Chico Business Association (DCBA) for the exclusive use of downtown streets and sidewalks to include the use of City Plaza, and incorporating previous amendments in their entirety into a new restated franchise. Public Works Director- Operations and Maintenance recommended final reading and adoption of the ordinance by reading of the title only. Councilmember Schwab disqualified herself on this item due to having a leasehold property in the area being discussed RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING TRAFFIC REGULATION AMENDMENT NO. 824 Adopted - a resolution that removes the 30 minute parking restriction between 2 a.m. and 7 a.m. in the downtown area. The Public Works Director-(Engineering) recommended adoption of the resolution MINUTE ORDER NO AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG COMANCHE CREEK (PORTION OF APN ) - THOMASSON Approved - minute order authorizing the City Manager to execute the purchase agreement and other related documents for the acquisition of a portion of real property along Comanche Creek. The Public Works Director - Engineering recommended approval of the Minute Order. 2 6 APPROVAL OF CITY COUNCIL MEETING MINUTES Approved - minutes from the City Council meetings held on 10/6/15, 10/20/15, 11/3/15, as amended. The City Clerk recommended approval ITEMS REMOVED FROM THE CONSENT - Item 2.1. and PUBLIC HEARINGS 3 1. HEARING TO CONSIDER A RESOLUTION TO BECOME A SUSTAINABILTY AGENCY (GSA) UNDER THE SUSTAINABLE MANAGEMENT ACT (SGMA) GROUNDWATER GROUNDWATER In order to comply with the State Sustainable Groundwater Management Act, (SGMA), a public agency or a combination of public agencies with water and/or land use authority within a groundwater basin or subbasin can form a Groundwater Sustainability Agency (GSA) to develop a groundwater sustainability plan (GSP). Failure of the Citv to form a GSA mav undermine its ability to participate in regulating local groundwater resources. Staff was recommending that the Council consider forming a GSA for the portion of the Vina and West Butte groundwater subbasins that are located beneath the City jurisdictional limits. The SGMA requires a resolution be adopted at a noticed public hearing to form the GSA. (Report - Erik Gustafson, Public November 17, 2015 DRAFT MINUTES Page 2 of 9

3 Works Director-Operations and Maintenance) A motion was made by Ritter and seconded by Stone to adopt the following resolution with it noted that staff representatives would be Linda Herman and Erik Gustafson. RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ELECTING TO BE A GROUNDWATER SUSTAINABILITY AGENCY FOR THE PORTIONS OF THE VINA AND WEST BUTTE GROUNDWATER SUBBASINS LOCATED WITHIN CITY OF CHICO JURISDICTIONAL LIMITS Councilmember Schwab stated she would be interested in serving as the Council representative. The Mayor noted that the Council representatives would be selected at a later date. 4 REGULAR AGENDA 4 1 CONSIDERATION OF AFCO AVPORTS MANAGEMENT LLC'S AMENDED PROPOSAL AND LONG TERM STRATEGIC PLAN FOR THE CHICO MUNICIPAL AIRPORT AFCO AvPORTS Management LLC (AvPORTS) had completed its analysis of the Chico Municipal Airport and submitted its Long Term Strategic Plan for CIC: A Proposal for the Management, Operation, Development and Maintenance of the Chico Municipal Airport for City consideration in hopes of entering into negotiations with the Citv for a long term airport management contract. The Citv's Airport Commission considered the original proposal and heard public comment at its October meeting. Based on Commission and public comment AvPORTS has amended its proposal to address some of the concerns that were expressed. (Introduction - Mark Orme. Citv Manaaer) Addressing the Council on this item were Katie Simmons, Greg Fischer, Matthew Stone, Larry Wahl, Rene Vercruyssen, Norm Rosene, Dan Jay, Marshall Friedman, Linda Patrick, Harold Schooler, Ed Holohan, Alicia Rock, James Schlund, Karl Ory, and Tom Aylward. A motion was made by Stone and seconded by Ritter to reject the AvPORTS proposal and authorize the City Manager to move forward with a clear cut and clearly defined Airport Manager recruitment. The Council recessed at 8:05 p.m. for a ten minute break. The meeting was reconvened and all members were present INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2.30 OF THE CHICO November 17,2015 DRAFT MINUTES Page 3 of 9

4 MUNICIPAL CODE REGARDING THE REORGANIZATION OF THE PUBLIC WORKS DEPARTMENT The Public Works reorganization was considered by City Council on 10/06/15 and approved bv a 7-0 vote allowing the City Manager to restructure the Public Works Department. The new format will include a Director over Engineering and Development divisions and a Director overseeing Operation and Maintenance divisions. This ordinance is to amend Chapter 2.30, sections and of the Chico Municipal Code adding the dual director structure. (Report - Erik Gustafson, Public Works Director, Operations and Maintenance) A motion was made by Fillmer and seconded by Morgan to approve introduction of the following ordinance by reading of the title only: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING SECTIONS & OF CHAPTER 2.30 OF THE CHICO MUNICIPAL CODE RELATING TO PUBLIC WORKS - Introductory Reading 4 3. CONFIRMATION OF DEPARTMENT HEAD APPOINTMENTS Section 605 of the City Charter states that the appointment of department heads is subiect to confirmation by the City Council. In order to meet this requirement, City Council was presented with the contracts appointing Brendan Ottoboni as the Public Works Director - Engineering and Erik Gustafson as Public Works Director - Operations and Maintenance. Additionally, in recent review. it was realized that the vacation accrual schedules for department heads were inconsistent with one another, thus creating an adverse impact to administrative functions. The attached amendments provide for a consistent vacation accrual schedule. (Report - Mark Orme, Citv Manager) A motion was made by Schwab and seconded by Ritter to confirm the Department Head appointments COMPREHENSIVE RECORDS RETENTION POLICY AND SCHEDULE The City has prepared a comprehensive Records Retention Policy and Schedule which defines how the City will retain and dispose of records. The policy focuses on ensuring records are retained, in some cases, greater than required bv law. (Report - Chris Constantin, Assistant City Manager) A motion was made by Stone and seconded by Schwab to adopt the following resolution: RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADOPTING A RECORDS RETENTION POLICY AND SCHEDULE November 17, 2015 DRAFT MINUTES Page 4 of 9

5 AND AUTHORIZING THE DESTRUCTION OF RECORDS PURSUANT TO THE RECORDS RETENTION POLICY AND SCHEDULE 4.5. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - Posted Addendum added two additional Anticipated Litigation items on the Closed Session aclenda. 5 BUSINESS FROM THE FLOOR Addressing the Council under Business from the Floor was Dan Everhart. 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. 61 CITY MANAGER'S REPORT - Verbal Report, Citv Manaaer Orme 6.2. COUNCIL REQUESTS - Pursuant to AP&P 10-10, a maioritv vote of Council is needed in order to agendize this item for discussion at a future meetina. If agendized, public comment will be taken at that meeting. By dated 11/9/15, Councilmember Ritter has submitted a request to agendize a discussion regarding the lack of/closure of public restrooms and the possible use of porta potties due to health and safety concerns. A motion was made by Stone and seconded by Coolidge to direct staff to explore what can be done and to present possible options for consideration to the Internal Affairs Committee. 63 CITIZEN REQUESTS - Pursuant to AP&P 10-10, a majority vote of Council was needed in order to agendize this item for discussion at a future meeting. By dated October Andrew Merkel submitted a request to be agendized regarding new State laws on medical marijuana and opening a dispensarv under these new laws. Addressing the Council on this item was Andrew Merkel. A motion was made by Sorensen and seconded by Stone to agendize a discussion of the impacts, implications and requirements of the new State laws regarding the regulation of marijuana. Specifically, there are one or more areas where the City must act, or risk abdicating control in those areas to the State, so the Council needs to understand those implications and receive city staff recommendations. November 17, 2015 DRAFT MINUTES Page 5 of 9

6 7 ADJOURNMENT - Adiourned at 8:45 9.m. to an adiourned regularlv scheduled Citv Council meeting on Tuesday, December 1, 2015, for Closed Session at a time to be determined if needed, followed by a regular City Council meeting at 6:30 p.m. in the City Council Chamber. Date Approved: Idrp 12/1/15 Deborah R. Presson, MMC, City Clerk November 17,2015 DRAFT MINUTES Page 6 of 9

7 CLOSED SESSION AGENDA Chico Municipal Center, Conference Room #2,421 Main Street November 17, Adiourned Reaular City Council Meetina 1 CALL TO ORDER - Mavor Sorensen called the Closed Session to order in the Council Chamber at 5:30 p.m. pursuant to the new start time as posted Amended Agenda Roll Call Present: Absent: 1.2. Staff Present - Citv Manaaer Orme, City Attorney Ewing, City Clerk Presson, Assistant Citv Manager Constantin, Administrative Services Director Fields, Human Resources Manager Cannon 2 CLOSED SESSION MATTERS 2 1 CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code ) Negotiator: Mark Orme, Citv Manager and Jamie Cannon, Human Resources & Risk Manaaer Employee Organizations: PSM, CNF, CEA, and CPSA 22 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Section (d)(3): Four potential cases: two additional cases were included in the Amended Aaenda 3 ADJOURNMENT - Adjourned at 6:25 p.m. to the November Regular City Council meeting in the Council Chamber. Date Approved: Idrp 12/1/15 Deborah R. Presson, MMC, City Clerk November 17,2015 DRAFT MINUTES Page 7 of 9