CORNING CITY OF CORNING
SPECIAL CITY COUNCIL
CLOSED SESSION MINUTES
TUESDAY, OCTOBER 22, 2024
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 5:00 p.m.
B. ROLL CALL: Council: Dave Demo
Jose "Chuy" Valerio
Shelly Hargens
Lisa Lomeli
Mayor: Robert Snow
Present: Snow, Demo, Valerio, Hargens, and Lomeli
The Brown Act requires that the Council provide the opportunity for persons in the audience to briefly address the Council on the subjects) scheduled for tonight's closed session. Is there anyone wanting to comment on the subjects) the Council will be discussing in closed session? If so, please come to the podium, identify yourself and give us your comments.
C. PUBLIC COMMENTS:
D. REGULAR AGENDA:
1. Conference with Legal Counsel - Existing Litigation (§ 54956.9) Name of Case: Fountain v. City of Corning, Case No.24Cl-000071
2. Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to § 54956.9(c): (One Case) E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: 5:20 pm; Mayor Snow reported there was one no reportable action, and one existing litigation report to be given. City Attorney, Collin Bogener, reported that after the closed session with the City Council to discuss the existing litigation, Fountain v.
City of Corning, case number 24Cl-000071 there is a public report. pursuant to government code section 54957.1 sub section (a)(3)(A) the council has accepted a settlement with Ms.
Fountain where the city will pay $250,000 to Ms. Fountain in exchange for dismissal of her case. The vote for the settlement was 5-0 in favor. Ms. Fountain is a valued employee of the city, and the city looks forward to her continuing to work for the City of Corning. City Council can not discuss any further details beyond those terms at this time.
CORNING CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 22, 2024
CITY COUNCIL CHAMBERS
794 THIRD STREET
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.
Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk's Office at (530) 824-7033 or via email at [email protected]. Notification in advance of the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.
A. CALL TO ORDER: 5:30 p.m.
B. ROLL CALL: Council: Dave Demo
Jose "Chuy" Valerio
Shelly Hargens
_isa Lomeli
Mayor: Robert Snow
Present: Snow, Demo, Valerio, Hargens, and Lomeli
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
1. Proclamation: October 20-26", 2024 Western Open Fiddle Days.
Present to accept the Proclamation was Kathy and Nicky of the Western Open Fiddlers. Two songs were played for the City Council and audience present to enjoy.
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Opened public comments at 5:39pm
Concerned citizen spoke about visibility with the Palm Trees when you are trying to turn on to Solano.
Closed 5:40pm
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of the October 8, 2024, City Council Closed Session & regular meeting with any necessary corrections.
3. October 16, 2024, Claim Warrant in the amount of $ 315,317.62
4. October 16, 2024, Business License Report
5. Approve waiver of special event permit fee for the Veteran's Day Parade event on November 9, 2024
6. Approve waiver of special event permit fee for the Trunk or Treat event on October 26, 2024 - (Pulled from consent)
7. Approve waiver of special event permit for the annual Turkey Trot event to be held November 16, 2024.
8. Approve waiver of special event permit fee for the Hometown Christmas Parade event to be held December 7, 2024.
Councilor Valerio moved to approve consent items1-5, 7, and 8; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Hargens, Lomeli, and Valerio
Absent: None
Abstain/Opposed: None
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Result: Motion was approved by a 5-0 vote
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
Approve waiver of special event permit fee for the Trunk or Treat event on October 26, 2024 Councilwoman Lomeli removed herself from the meeting due to a conflict of interest since she is the one planning this event.
Presented by City Manager, Brant Mesker. This is an event lead by councilwoman Lisa Lomeli as a free event for the children in our community held at North Side Park.
Councilor Demo moved to approve waiver of special event permit fee for the annual Corning Community Trunk or Treat event; Mayor Snow seconded the motion.
Ayes: Snow, Demo, Hargens, and Valerio
Absent: None
Abstain/Opposed: Lomeli
Result: Motion was approved by a 4-1 with Lomeli abstaining I. PUBLIC HEARINGS AND MEETINGS:
1. Approve Tentative Tract Map 2024-1002, Subdivide an approximately 7-acre parcel and create 28 single family residential parcels in an R-1-8 zoning designation and adopt a CEQA Section 15183 exemption
This item was moved from the regular agenda to public hearing.
Councilwoman Hargens removed herself due to conflict of interest.
Presented by Planner II, Christina Meeds. Tract Map 2024-1002 proposes to subdivide approximately 7 acres and create 28 single family residential parcels. The zoning designation for the proposed parcels is R-1-8 indicating lot sizes between 8,000 and 10,000 square feet.
Assessor's Parcel Number (APN) 071-020-018 is located on the east side of Toomes between Colusa Street and North Street, it is approximately 180 feet north of the Colusa Street and Toomes Avenue intersection and approximately 1,000 feet south of the Woodson Elementary School. The proposed map shows two entries into the subdivision: one primary access from Toomes Avenue and the second access on the north side of the subdivision connecting Lincoln Avenue to North Street.
On October 15, 2024, The Planning Commission recommend approval of tentative map 2024- 1002, in a 4-0 vote.
Opened public hearing: 5:48 pm
Bud Williams had a few questions regarding the project. His top concerns were the storm sewer drainage system, PG&E easements, and final engineering plans. City Engineer, Robin Kampmann, clarified that the correct drainage system will be installed as part of the conditions.
The easements will be up to PG&E and the developer for the underground utility lines. The homes that are sold will be made aware of the easement. She also clarified that final engineering plans will be brought back to council to review a final map.
Another Corning resident had a concern as to why Lincoln Street will not be cutting through to North Street from Colusa Street. Robin clarified that the city would need a right of way from the current owners of the homes in order to make the street wide enough to be up to code. Mayor Snow said the city does not anticipate working on that street since there will be two access points for this new subdivision. He also clarified that Toomes Ave is fully capable of handling traffic with this project.
Closed public hearing: 6:01pm
Councilor Demo moved to adopt the seven findings as presented in the staff report and approve tentative tract map 2024-1002 and subject to the 37 conditions as presented in the staff report and
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER modify to remove gas from the current language for the underground utilities condition; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Hargens, Lomeli, and Valerio
Absent: None
Abstain/Opposed: Hargens
Result: Motion was approved by a 4-1 vote
J. REGULAR AGENDA:
1. Approve cancellation of the December 24, 2024, City Council meeting due to the Christmas holiday
Presented by City Manager, Brant Mesker. The second City Council Meeting in December falls on Christmas Eve this year. The City Council traditionally cancels the second regularly scheduled City Council Meeting in December.
Councilor Hargens moved to approve cancellation of the December 24, 2024; regularly scheduled City Council meeting due to the holiday; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Hargens, Lomeli, and Valerio
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Approve Tentative Tract Map 2024-1002, Subdivide an approximately 7-acre parcel and create 28 single family residential parcels in an R-1-8 zoning designation and adopt a CEQA Section 15183 exemption
This item was moved to public hearing.
3. Award purchase of one new articulating boom lift to Cresco Equipment Rentals in the amount of $134,369.21
Presented by Public Works Director, Eli Stanley. On Tuesday, October 15, 2024, the City received eight (8) Formal Bids for the One (1) New Articulating Boom Lift. Staff is requesting Council award the purchase of One (1) New Articulating Boom Lift to Cresco Equipment Rentals in the amount of $134,369.21 as Cresco Equipment Rentals has been determined the lowest responsible and responsive bidder. The lead time for the boom lift is fourteen (14) weeks. The price includes shipping and delivery.
Councilor Demo moved to award the purchase of and authorize public works to procure one new articulating boom lift from Cresco Equipment Rentals in the amount of $134,369.21; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Hargens, Lomeli, and Valerio
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
4. Consideration of renaming Yost Park
City Manager Brant Mesker removed himself for this item due to conflict of interest.
Presented by Mayor, Robert Snow. Following the Fifteenth Annual Tucker Mesker Classic Memorial Softball Tournament (2024) City Staff and City Council received a letter from a nember of the public suggesting consideration of a name change. City Council member Valeric sponsored the idea leading to this item coming to Council for consideration. Valerio feels that the Tucker Mesker tournament brings a lot of business to Corning with this tournament and they should have some recognition.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER City Planner, Christina Meeds, presented some research on how the Yost Park may have received its name based on a Grant Deed and the Minutes from 1940 and some articles found online.
Councilwoman Hargens read two letters that were sent to her. One letter was from the Yost family asking for the park to keep the name in honor of their father and what he did for the Corning community during his time here. The second letter was from the Mesker family stating that they were not aware of the request that had been sent in, and they were not in favor of changing the name of Yost Park.
Councilor Snow moved to deny the renaming of Yost Park; Councilor Demo seconded the motion.
Ayes: Snow, Demo, Hargens, and Lomeli
Absent: None
Abstain/Opposed: Valerio
Result: Motion was approved by a 4-1 vote
5. Informational presentation and provide direction on as related to cannabis retail within the city
Presented by City Attorney, Collin Bogener. In recent months, at two City Council Meetings, staff and legal counsel has presented information regarding Senate Bill (SB) 1186 which precludes cities from imposing regulations that have the effect of prohibiting medical cannabis delivery within the City. At the most recent public meeting discussion, staff received a consensus from the City Council to bring back information regarding a store front ordinance for the City of Corning.
Mayor Snow clarified this is an item that will eventually need to be adopted and allow storefronts to sell in Corning. He stated his personal opinion doesn't matter this will be a CA law since marijuana is legal to a certain extent in our state and eventually the city will have to come up with some type of ordinance. City Council can wait until we get to that point, or they can start now on developing a guideline for cannabis retail within the city.
Councilwoman Hargens said she had spoken to a few community members, and she is listening to what the community wants, and is not in favor of a store front for either medical or recreational marijuana.
Councilwoman Lomeli felt like it's necessary to allow a storefront since the City does allow for cannabis delivery and that tax revenue should be staying in Corning instead of the store delivering from out of town. Extending it 1,000 feet from schools and moving it down to the south end of town is acceptable.
Councilman Valerio said he is open as well to a medical marijuana store as long as it was placed in the area south of town by the truck stops.
John Leach asked what the tax revenue would look like for Corning. Mayor Snow didn't have an exact amount since it is hard to tell since Corning doesn't have a current establishment. He also asked for clarification on the current allowed plants to be grown within city limits.
Steve Kimbrough- He thinks the cannabis delivery should be allowed to continue, but not a brick and mortar in the town because he thinks you will create a nuisance.
Mr. Garrett wants clarification on how much revenue the city will get since it seems like the tax revenue is an incentive to allow store fronts. Councilwoman Lomeli clarified that the purpose of promoting sales tax is because that money should stay in our city instead of other cities receiving the sales tax for an item that could be purchased in Corning.
Mayor Snow directed staff to amend the current ordinance to comply with SB 1186 but otherwise stay the same; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Valerio, and Hargens
Absent: None
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Abstain/Opposed: Lomeli
Result: Motion was approved by a 4-1 vote
6. Authorize filling the Police Detective Position and budget allocation Presented by City Manager, Brant Mesker. In the past years this position was not budgeted for, but once the police department was fully staffed it would be an item that would be brought to council to allocate funds for this position. Police Chief, Craig Bassett added that the Detective position has been recognized on the position allocation list but has not been funded in the Fiscal Year Budget. The Detective position has been vacant since September 2011. During the Fiscal Year 2024/25 budget it was recognized by staff and City Council that this detective position was unfunded and that should the Police Department become staffed allowing the hiring of a Detective that an agenda item would come before the City Council to appropriate funds to hire the Detective Position. The Police Department is now fully staffed and has the interest of hiring a Detective. During the time that Corning Police Department has been without a Detective, the City has had to rely on the Tehama County Sheriff's Deparment and The Tehama County District Attorney to investigate major crimes. The annual budget increase for the Detective Position is $159,197.67 per year.
Councilor Demo moved to authorize budget allocation to fund the detective position and further authorize the Corning Police Department to fill the position; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Hargens, Lomeli, and Valerio
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
7. Approve budget adjustment in the net general fund in the amount of $54,462 Presented by City Manager, Brant Mesker. The City is requesting the approval of a budget adjustment that has a net general fund impact in the amount of $54,462. A recent review of accounts and expenditures revealed that street expenses, salary, and benefits are outpacing the Gas Tax Revenue Budget. Staff and CPA recommend moving the salary expenses to General Fund expenses in the amount of $54,462. It should be noted that upon approval of the budget adjustment, the $54,462 that would be recognized as a General Fund expense will be recognized as part of the City's required General Fund Maintenance of Effort (MOE) for roads which is a required City MOE.
Councilor Hargens moved to approve the budget adjustment and authorize the CPA to make the necessary budget; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Hargens, Lomeli, and Valerio
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION: None M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).
Demo: Attended the Senior Center meeting. Great effort on the soup and salad lunch.
Lomeli: No meetings but will be hosting a Trunk or Treat with pumpkins for the kids from 5- 7pm Saturday October 26"h at the North Side Park. Treat Street is also coming up on the 31" down Solano Street.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Hargens: No meetings this week but did attend the soup and salad event at the Senior Valerio: Thanked the Chamber of Commerce for a great turn out at the Olive Festival.
Snow: Attended the 2x2x2 meeting with the school district. It was a good meeting where they can discuss future projects that involve the city and the schools working together. Also mentioned that Measure J is a school bond measure to continue the tax we have been paying for already and it will continue to help the schools make necessary upgrades.
Brant: Thanked PAL for the Red Ribbon Kick Off for the kids at the Veteran's Hall. There were many carnival activities for the kids to enjoy. Measure O information will be coming out soon.
N. ADJOURNMENT: 7:04pm
Rubi Ordaz, City Clerk
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER