OF
CORNING CITY OF CORNING
SPECIAL CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, JANUARY 28, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 5:00 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
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 - 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:
CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, JANUARY 28, 2025
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.
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, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: If there is anyone in the audience wishing to speak on items not already set on the agenda, please come to the podium, and briefly identify the matter. To ensure that all members of the public have an equal opportunity to address the City Council, public comments during the designated comment period will be limited to three (3) minutes per speaker. Council will then determine if such matter will be placed on the agenda for this meeting, scheduled for a subsequent meeting, or recommend other appropriate action.
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 January 14, 2025, regular City Council meeting with any necessary corrections.
3. January 24, 2025, Claim Warrant in the amount of $ 207,214.59
4. January 24, 2025, Business License Report
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS:
J. REGULAR AGENDA:
1. Authorize the Master Agreement for the previously approved resolution authorizing the State Coronavirus Response and Relief Supplemental Appropriations Act program funds
2. Approve the position allocation list as proposed
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will eport on attendance at conferences/meetings reimbursed at City expens Requirement of Assembly Bill 1234)
N. ADJOURNMENT:
POSTED: Friday, January 24, 2025
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
CITY OF
CORNING Item No. G-2
CITY OF CORNING
REGULAR MEETING MINUTES
TUESDAY, JANUARY 14, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
www.corning.org
A. CALL TO ORDER:
Meeting was called to order at 5:30 pm by Mayor Snow
B. ROLL CALL:
Councilmembers present:
Councilmembers
Jose "Chuy" Valerio
Shelly Hargens
Lisa Lomeli
Vice Mayor Dave Demo
Mayor Robert Snow
Staff present: City Manager Brant Mesker
City Attorney Collin Bogener
City Clerk Rubi Ordaz
Planner, Christina Meeds
Public Works Director Eli Stanley
Police Chief Craig Bassett
Fire Chief Tom Tomlinson
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
1. Proclamation: January 2025 - National Stalking Awareness Month.
Present to accept the Proclamation will be Empower Tehama's Bilingual Legal Advocate, Susana Reyes.
Susana Reyes, Empower Tehama's Bilingual Legal Advocate, presented information regarding stalking awareness after returning to this item before the meeting was adjourned.
2. Proclamation: January 2025 - Human Trafficking Awareness Month.
Present to accept the Proclamation will be Empower Tehama's Bilingual Legal Advocate, Susana Reyes.
The title of the Proclamation was read by City Clerk, Rubi Ordaz.
3. Presentation: Tehama County Multi-Jurisdictional Hazard Mitigation Plan presented by Planner Christina Meeds.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Planner, Christina Meeds, presented a review of the Tehama County Multi-Jurisdictional Hazard Mitigation Plan. The primary purpose of the plan is to guide officials in protecting people and property within Tehama County from the effects of natural disasters and hazardous events. The plan also provides access to grant funding from the Federal Emergency Management Agency (FEMA) to conduct mitigation activities, and it's required as a condition of receiving certain federal financial assistance. Public Participation occurred throughout the planning process, there were a total of 142 responses. Those responses were used to ensure that mitigation priorities in the plan match those of the community
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Gary Strack presented the old Yost Park sign. It will be going into the Corning Museum. He also presented a framed collage of pictures and information of the Yost family and what they did for the city during that time. It will also be placed in the Corning Museum. He appreciated that Council did not decide to rename Yost Park and kept its history.
Tehama County Board of Supervisors, Greg Jones and Matt Hansen, spoke about wanting the city and the county to work hand in hand. Their office is located in Red Bluff but would like to find a space in Corning to meet once or twice a month for people on this side of the County to come and see them. They are working on being more accessible to the public.
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 December 10, 2024, closed session meeting and regular City Council meeting with any necessary corrections.
3. January 8, 2025, Claim Warrant in the amount of $ 522,440.14
4. January 8, 2025, Business License Report
5. December 2024 Wages & Salaries: $457,163.78
6. December 2024 Treasurer's Report.
7. December 2024 Building Permit Valuation Report in the amount of $338,466.
8. December 2024 City of Corning Wastewater Operations Summary Report.
9. Adopt Ordinance No. 712 Amending Section 2.08.010 and 2.08.030 of the Corning Municipal Code following voter approval to appoint the City Clerk and City Treasurer positions.
10. Adopt Ordinance No. 711 adding to chapter 17.67 of the City of Corning Municipal code, establishing digital sign regulations.
Councilor Valerio moved to approve consent items 1-8; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS:
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
1. Appeal to consider Use Permit 2024-332, Teresa Livingston pursuant to section 17.54.050 of the Corning Municipal Code
Presented by Planner, Christina Meeds. At the December 10t, 2024, City Council meeting this appeal was brought before the Council. The project was discussed and the City Council decided that if the owner of the property was willing to meet certain development standards and keep a plan to continue to move forward with evidence of progress, then the Council would consider approving Ms. Livingston's Use Permit based on the conditions with the forward progress by the property owner. A meeting was held by staff and Toni McNulty, the property owners' architect, to explain the improvements required on the parcel before moving forward. Staff was informed by McNulty that the property owner was in agreement to fulfill the requirements. They were also informed that prior to Cecey's Tacos being allowed to operate with the food truck on the property that water and sewer connections with a functioning restroom, a gravel driveway approach and a gravel pad for the food truck and customer parking would need to be installed.
Public Hearing Opened: 5:49pm
Mr. Strack asked for clarification on location. Mayor Snow clarified the location.
Closed Public Hearing at 5:49pm
Mayor Snow moved to adopt the four (4) Factual Subfindings and Legal Findings as presented in the staff report and approve Use Permit 2024-332 permitting the establishment of a Mobile Food Vendor in the lot located at 2985 HWY 99W subject to the three (4) Conditions of Approval as recommended by Staff with added verbiage on Condition #4 that progress on the improvements will be at staff's discretion; Councilor Demo seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
J. REGULAR AGENDA:
1. Authorize Public Works to seek proposals for a three-year street striping service agreement.
Presented by Public Works Director, Eli Stanley. He is requesting Council to authorize staff to seek proposals for a three-year street striping service agreement to provide routine striping removal and placement to city streets. During the budgeting process for the Fiscal Year 2024/2025 staff allocated $30,000 for street striping services.
Councilor Demo moved to authorize the Public Works Director to seek proposals for a three-year street striping service agreement; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Authorize the Public Works department to declare equipment surplus and dispose of the items in the best interest of the city.
Presented by Public Works Director, Eli Stanley. Staff is seeking authorization to declare equipment at the Wastewater Treatment Plant as surplus and dispose of them in the best interest
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER of the city. These items were either replaced or no longer in service. This would allow for staff to create much needed room throughout the plant.
Councilor Hargens moved to authorize the Public Works department to declare equipment surplus and dispose of the items in the best interest of the city; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Consider creation of a Tuesday Night Market Ad-Hoc Committee Presented by Recreation Coordinator, Christina Meeds. Staff is recommending an ad-hoc committee be developed that consists of two members of the City Council, two members of the Corning Chamber of Commerce Board, three city staff members, and two Chamber of Commerce employees.
Collin clarified that this is a temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act. (California Government Code section 54952(b); see also: Freedom Newspapers, Inc. V. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821) Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion. (Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123.) As this event has grown in the recent years there is a greater need for staff time to organize and plan this event. The Chamber of Commerce and the city have partnered together to make this event happen. The ad-hoc committee will allow for the necessary discussion to clearly define roles between the two entities.
Councilor Demo moved to approve the creation of a Tuesday Night Market Ad-hoc Committee and appoint councilmember Demo and Mayor Snow to the committee; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
4. Consider creation of a Corning Recreation Department Ad-Hoc Committee Presented by Recreation Coordinator, Christina Meeds. Staff is recommending an ad- hoc committee be developed that consists of two members of the City Council, and three city staff members.
Collin clarified as well that this is a temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act. (California Government Code section 54952(b); see also: Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821.) Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion. (Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123.) Doing so will give staff the direction of the future of Corning Recreation Department and the upcoming Recreation Center that will be
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER built. The city of Corning with the Promise Neighborhood Funding created the recreation program and it has grown significantly. The Promise Neighborhood funding expires June 2025. The recreation center will begin construction in 2025 and will require direction on operations of the center, along with budgets, and employees.
Councilor Demo moved to approve the creation of a Corning Recreation Ad-hoc committee and appoint Councilmember Hargens and Lomeli to the ad-hoc committee; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
5. Resolution No. 01-14-2025-01 extending the abandoned vehicle abatement program until March 31, 2035
Presented by City Manager, Brant Mesker. In 2004, a one dollar ($1) annual vehicle registration fee was imposed on eligible vehicles registered in Tehama County. These fees are collected by the DIV and allocated to the Tehama County Abandoned Vehicle Abatement Service Authority by the State Controller. Fees are then distributed to Tehama County Abandoned Vehicle Abatement Service Authority based on each jurisdiction's population as a percentage of the total population of the County and also based on the number of vehicles abated by each jurisdiction as a percentage of the total number abated by the Tehama County Abandoned Vehicle Abatement Service Authority as a whole. The current program is set to expire on March 31, 2025.
Legislation allows local service authorities to extend the program every 10 years with the approval of the majority of councilmembers.
Councilor Hargens moved to adopt Resolution No. 01-14-2025-01 extending the Abandoned Vehicle Abatement Program until March 31, 2035; Councilor Demo seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
6. Authorize the purchase order with Capture Technologies for a new dispatch voice logger in the amount $34,481.87
Presented by Police Chief, Craig Bassett. Corning Police Dispatchers are requesting approval to purchase a new voice logger system from Capture Technologies. The current system is outdated and longer meets the department's operating needs. This purchase would be covered from overages in the Cal Cops grant funding.
Councilor Demo moved to authorize the purchase order with Capture Technologies for new dispatch voice logger in the amount of $34,481.87 and determines that this purchase is exempt from the city's purchasing policy per section 3.12.082 (a) (6) of the Corning Municipal Code; as well as authorizing staff to make the necessary budget appropriations; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
7. Informational presentation - 2024 review of achievements and accomplishments and vision for 2025
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER City Manager Brant Mesker presented highlights of all department accomplishments and project completions for the 2024 year.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Snow: No meetings. Thanked Gary for bringing in the Yost Park sign and the history of the Yost family.
Demo: Senior center board meeting yesterday. They are looking forward for 2025. They had many events last year with good response from the public. They have chairs for sale if anyone is interested. Also, thanked Public Works for installing a handrail in the lady's restroom at the Senior Center that was needed.
Lomeli: Meeting was cancelled.
Valerio: Chamber of Commerce Annual Awards on January 18'h at 6:30 pm. The Chamber of Commerce has a new president, Renee Dent, from Banner Bank. The incoming President will be Christina Trujillo from Jamison Properties.
Hargens: She had two Tehama County Landfill meetings. There are new board members and Supervisors.
N. ADJOURNMENT: 6:45pm
Rubi Ordaz, City Clerk
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-3
CITY OF
CORNING
ME OF EEN OLIVE MEMORANDUM
TO: HONORABLE MAYOR & COUNCIL
FROM: Lori Sims
Accounting Technician
DATE: January 24, 2025
SUBJECT: CASH DISBURSEMENT DETAIL REPORT FOR COUNCIL MEETING:
Tuesday, January 28, 2025
PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THE FOLLOWING:
A. Cash Disbursements Ending 01-24-2025 $ 207,214.59
GRAND TOTAL $ 207,214.59
*12/24/24 meeting cancelled due to holiday week
RIPT. Jan 24 25 Frida CITY OF CORNING
Time: 14:0 Cash Disbursement Detail Report
LORI SIMS Check Listing for 01-25 thru 01-25 Bank Account.: 1020 CTL.:
Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
------ ....
038458 03/10/25 ATT17 AT&T 107.00 241231 COMMUNICATIONS - FIRE 038459 01/10/25 CAR12 CARREL'S OFFICE SOLUTIONS 21.50 AR71040 MAT & SUPPLIES - LIBRARY 038460 01/10/25 CIVOO CIVICPLUS, LIC 400.00 327984 PROF SVCS - CITY CLERK 038461 01/10/25 GRA02 GRAINGER, W.W.. INC 86.82 936746199 BLDG MAINT - THEATRE 038462 01/10/25 PAC29 PACE ANALYTICAL SERVICES, 244.37 252800086 PROF SVCS - WATER DEP' 252800197 PROF SVCS - WATER DEP:
CheckIota1..: 488.74
038463 01/10/25 RED15 RED TRUCK ROCK YARD, LLC 418.28 1627 MAT & SUPPLIES - STR 038464 01/16/25 VOID VOIDED CHECK
038465 01/16/25 ATK04 ATKIN, LACEY 1522.50 250117 REC INSTRUCTOR-REC (HIIT) 038466 01/16/25 сомо6 COMCAST 13.22 250109 COMMUNICATIONS - PW ADMIN 038467 01/16/25 COR11 CORNING SAFE & LOCK 34.48 1044 MAT & SUPPLIES - POLICE 038468 01/16/25 FIR13 FIRST NATIONAL BANK OMAHA 3280.06 12302024 CREDIT CARD CHARGES 038469 01/16/25 INPOO INFRAMARK, LIC 76566.24 141297 PROF SVCS - 038470 01/16/25 KRAO2 KRAMER & CO. MFG., INC. 375.38 16327 BLD MAINT-PIRE 038471 01/16/25 LNC01 LN CURTIS & SONS 229.14 INV905292 SAFETY ITEMS - FIRE 038472 01/16/25 PGE01 PG&E 35232.40 250109 Electricity General City- 038473 01/16/25 REDOO RED BLUFF DAILY NEWS 125.00 6867948 MAT & SUPPLIES-REC (THROUGH A CHILDS EYE AD 282.00 6869725 PRINT ADVERT-CITY CLERK
282.00 6869727 PRINT/ADVERT-CITY CLERK
Check Total.. 689.00
038474 01/16/25 ROJOO ROJAS, IVAN 90.00 24092 REC INSTRUCTOR-REC (PHOTOGRAPHY
90.00 24101 REC INSTRUCTOR-REC (PHOTOGRAPHY
90.00 241027
90.00 241116
45.00 241130
90.00 241215
45.00 241228
Check Total... 540.00
038475 01/16/25 SCH01 LES SCHWAB TIRE CENTER 339.81 00533950 VEH OF/MAINT-POLICE 038476 01/16/25 SWRO1 SWRCB 12615.00 WDO283141 ANNUAL PERMIT-WWTP 038477 01/16/25 TEH38 TEHAMA COUNTY ANIMAL SERV 11546.40 240107 PROF SVCS-ACO 038478 01/16/25 TPXOO TPX COMMUNICATIONS 1174.32 183627099 COMMUNICATIONS- 038479 01/16/25 VER02 VERIZON WIRELESS 228.06 610252539 PROP 30-MDC 038480 01/17/25 VOID VOIDED CHECK
038481 01/17/25 VOID VOIDED CHECK
038482 01/17/25 VOID VOIDED CHECK
038483 01/17/25 VOID VOIDED CHECK
038484 01/17/25 VOID VOIDED CHECK
038485 01/17/25 VOID VOIDED CHECK
038486 01/17/25 VOID VOIDED CHECK
038487 01/17/25 VOID VOIDED CHECK
038488 01/17/25 VOID VOIDED CHECK
038489 01/17/25 VOID VOIDED CHECK
038490 01/17/25 VOID VOIDED CHECK
038491 01/17/25 VOID VOIDED CHECK
038492 01/17/25 BIGO2 BIG VALLEY SANITATION, IN 241.00 L4325 CLEANING CONTRACT-STI 125.00 L4325 BLD MAINT-SENIOR CENTEI
... . .
Check Total.........: 366.00
038493 01/17/25 BLU01 BLUEGLOBES, LIC. 158.31 004-63499 MAT & SUPPLIES-AIRPORT 038494 01/17/25 CAL45 CAL FIRE 1137.00 1619728 CLEANING CONTRACT-STR 038495 01/17/25 COR11 CORNING SAFE & LOCK 45.79 1045 MAT & SUPPLIES-REC Fine: 14:08 CITY OF CORNING PAGE: PAH: PY-DE
ash Disbursement Detail Repo:
Run By.: LORI SIMS eck Listing for 01-25 thru 01-25 Bank Account.: 10: CTL.: COR Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
------- ------------
038496 01/17/25 MEYOO MEYER'S POLICE K-9 TRAINI K-9 PROGRAM-POLICE 175.00 2258
038497 01/17/25 MOO07 MOORE & BOGENER, INC. 3880.00 15753 LGL SVCS - 038498 01/17/25 PAC29 PACE ANALYTICAL SERVICES, 239.49 252800384 PROF SVCS-WTR DEPT 038499 01/17/25 PAXO1 PAYGOV.US LIC 3680.93 1564 BANK/FEES/CHRG-FINANCE 038500 01/17/25 PLA06 PLACEHORKS, INC. 2853.75 CRNG01. 03 PROF SVCS-PLANNING 038501 01/17/25 SCPOO SCP DISTRIBUTORS LIC 654.26 SN127724 MAT & SUPPLIES-POOI
62.95 SN127865 MAT & SUPPLIES-POOI
Check Total. 717.21
038502 01/17/25 SHN00 SHN CONSULTING ENGINEERS 1522.50 122982 PROF SVCS-PLANNING 038503 01/17/25 T-MO1 I-MOBILE USA, INC. 115.00 959060502 PROF SVCS-POLICE 038504 01/17/25 TANOO I AND S DVBE, INC. 90.51 25-40 SIGN REPLACEMENT-STR 038505 01/17/25 VAL11 VALLEY PACIFIC PETROLEUM 553. 6 24-84209 AT & SUPPLIE
13.- 25-842099 SH OP/MAINT-FII
Check Total...: 1867.44
038506 01/21/25 ARM04 ARMSTRONG, IYLEE GRACE 100.00 250119 REC INSTRUCTOR-REC (JR. CARDETTES) 038507 01/21/25 ATT13 AT&T 723.89 250111 COMMUNICATIONS-DISPATCH 038508 01/21/25 CARZO CARTER, LILY 100.00 250119 REC INSTRUCTUR-REC (JR. CARDETTES) 038509 01/21/25 CUROO CURIEL, EDUARDO 683.00 20250121 RAINING/ED -POLIC 20250202 RAINING/ED-POLI|
Check Total..: 1366.00
038510 01/21/25 DEPO3 DEPT OF TRANS/CAL TRANS 2559.18 25003323 Equip. Maint, St&trf Light 038511 01/21/25 DEP12 DEPT OF JUSTICE 665.00 786094 PROF SVCS-POLICE 038512 01/21/25 FEDO1 FEDERAL EXPRESS 103.94 874283994 OFFICE SUPPLIES-PW ADMIN 038513 01/21/25 JACO3 JACKSON, LINDSEY 162.50 250119 REC INSTRUCTOR-REC (JR. CARDETTES) 038514 01/21/25 JJA0O JJACPA INC 12000.00 241211 PROF SVCS-FINANCE 038515 01/21/25 LACO1 LACY, CLINT 450.00 250111 REC INSTRUCTOR-REC 038516 01/21/25 LINOB LINDER, TAYLAR 100.00 250119 REC INSTRUCTOR-REC (JR. CARDETTES) 038517 01/21/25 LYNOS LYNCH, ALEXYS MARIE 100.00 250119 REC INSTRUCTOR-REC (UR. CARDETTES) 038518 01/21/25 PGE09 PG&E 233.40 250114 ELECT-STONEFOX L&L-Z1,D2 038519 01/21/25 PGE2A PG&E 54.97 250114 ELECT-BLUE HERON CT 038520 01/21/25 REDO1 RED BLUFF DAILY NEWS 56.36 250110 COMMUNICATIONS-GEN CITY 038521 01/21/25 SHN00 SHN CONSULTING ENGINEERS 146.25 124063 PROF SVCS-PLANNING 038522 01/21/25 VAL11 VALLEY PACIFIC PETROLEUM 2150.40 25-842098 VEH OP/MAINT- 038523 01/22/25 COR11 CORNING SAFE & LOCK 8.62 1048 MAT & SUPPLIES-POLICE 038524 01/22/25 KN100 KNIFE RIVER CONSTRUCTION 1698.41 312602 A/C CITYWIDE-STR 038525 01/22/25 MCCOS MCCURDY'S TRUCK REPAIR, I 145.00 26202 VEH OP/MAINT- 038526 01/22/25 NOR47 NORTHSTAR 2527.50 83456 PROF SCS-ENGINEERING 038527 01/22/25 ROD10 RODRIGUEZ, JESENIA 300.00 250115 REC INSTRUCTOR-REC (COORDINATOR) 038528 01/22/25 SUB01 SUBURBAN PROPANE 60.00 25438 PROPANE-AIRPORT 038529 01/23/25 COM01 COMPUTER LOGISTICS, INC 3720.00 85868 EQUIP MAINT- 038530 01/23/25 GLAOO GLATPELTER PUBLIC ENTITIE -66:00 241990131 GEN INS-GEN CITY
GEN INS-GEN CITY
Check Total.. ......: 38.00
038531 01/23/25 HOMO3 HOME DEPOT 28.14 8020770 BLD MAINT-TRANS FAC 038532 01/23/25 HUN03 HUNTERS SERVICES INC. 958.33 364108 PEST NEED/RED SPRAYING ORE 958.33 365859
Check Total..: 11916-66
038533 01/23/25 LEAO2 LEAGUE OF CA CITIES 100.00 5399 ASSOC DUES-CITY ADMIN 038534 01/23/25 MCI04 MCINTYRE, JASON 1276.40 20250122 TRAINING/ED-POLICE Friday CITY OF CORNING PAGE:
RUN... Jan 24 25 Time: 14:08
Run By.: LORI SIMS Check Listing for 01-25 thru 01-25 Cash Dibs on 01P2511 Account. : 1020 CTL.:, COR
Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
--- ----- -------
038535 01/23/25 QUIO2 QUILL CORPORATION
- 383.52 24472140 FFICE SUPPLIES-FINANC
1239784€ OFFICE SUPPLIES-FINANC
Check Total......: 179.71
038536 01/23/25 RED01 RED BLUFF DAILY NEWS 564.66 250108 BOOKS/PERIODICS-LIBRARY 038537 01/23/25 JEFO2 JEFF'S TRUCK SERVICE & PO 9925.75 303086 MACH/EQUIP-PARKS 038538 01/24/25 PAC29 PACE ANALYTICAL SERVICES, 718.50 252800557 PROF SVCS-WTR DEPT 038539 01/24/25 STA22 STATE LANDS COMMISSION, 88.07 B13862 PROF SVCS-WWTP 038540 01/24/25 WEBO2 WEBSTER, WAYNE C. 90.00 250125 REC INSTRUCTOR-REC Cash Account Total. 207214.59
Date..: Jan 24, 2025 CITY OF CORNING Item No. G-8 :: NEVE Time.: 2:10 pm NEW BUSINESSES FOR CITY COUNCIL
Run by: LORI SIMS Group: WTFMBN
CITY/STATE/ZIP Business Desc Bus Start Date
FIVE ENGINEERING & P 31569 CANYON ESTATES DE LAKE ELSINORE GENERAL CONTRACTOR-CIVIL WORK FROM CONCR 01/14/25 K DESIGNERS GOLD RIVER ROAD #200 REMODEL, SOFFITS, FASCIA, SIDING, WINDO 01/23/25 PROFESSIONAL ROOFING 8612 SN 20TH AVE ROOFING AND GUTTER COMPANY 01/14/25 ROBY CONSULTING GROU DBA: ROBY RANCH BORN A 9021 SELL AT CORNING FARMERS MARKET 01/17/25
ITEM NO.: J-1
AUTHORIZE THE MASTER
AGREEMENT FOR THE PREVIOUSLY
APPROVED RESOLUTION NO. 12-10-
24-02 AUTHORIZING THE STATE
CORONAVIRUS RESPONSE AND
RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT PROGRAM
FUNDS.
January 28, 2025
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER OM
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
Staff is requesting Council authorize the execution of a Master Agreement with the State pursuant to Resolution No. 12-10-2024-02, which authorized the State Coronavirus Response and Relief Supplemental Appropriations Act program funds and was previously approved on December 10, 2024.
Staff was notified via email that a Master Agreement had not been previously executed and is needed to receive the funds designated for Road Repair in the amount of $34,686.00.
Staff is requesting approval of the Master Agreement for the previously approved Resolution No.12-10-24-02.
RECOMMENDATION:
• MAYOR AND CITY COUNCIL APPROVE THE MASTER AGREEMENT FOR THE PREVIOUSLY APPROVED RESOLUTION NO. 12-10-24-02 AUTHORIZING THE
STATE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT PROGRAM FUNDS; AND
> AUTHORIZE THE CITY MANAGER TO SIGN ALL NECESSARY
DOCUMENTATION
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
STATE-FUNDED PROJECTS
02 City of Corning
District Administering Agency
Agreement No. 02-5161521
This AGREEMENT, is entered into effective this Between the ANy of corried breactive terred to as aDMiNISTERING ANd that rate, realter reed go as STATe, and together retered to as PARTIES: OF individually as a "PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS,
NOW, THEREFORE, the PARTIES agree as follows:
ARTICLE 1- PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminar surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design or PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a
fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.
ARTICLE II - RIGHTS-OF-WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for
PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching tunds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.
With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreements) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not
being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six- month period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.
5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of
indirect cost incurred within each fiscal year being claimed for reimbursement.
ICAPS/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.
8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through STATE is authorized to obtain
reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.
ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable, any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or
jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (C) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless nade in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA City of Corning
DEPARTMENT OF TRANSPORTATION
By_ By_
Chief, Office of Project Management
Oversight
Division of Local Assistance City of Corning
Representative Name & Title
(Authorized Governing Body
Representative)
Date Date
EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement
and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
ITEM NO.: J-2
APPROVE THE POSITION ALLOCATION
LIST AS PROPOSED
January 28, 2025
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
SUMMARY:
It is good practice to have an approved Position Allocation List (PAL) that is adopted and kept up to date. With the City currently being fully staffed, now is a good time to establish such a list The intent of the list is to distinguish what positions have been approved, how many of each position and how many positions are funded within the budget.
Staff utilized the organization charts for each department that were included in the budget binders to assistance in the creation of the proposed PAL. The list would be updated accordingly as positions are added and budgets change.
RECOMMENDATION:
MAYOR AND CITY COUNCIL:
1. APPROVE THE POSITION ALLOCATION LIST AS PRESENTED BY STAFF
CITY OF CORNING
Position Allocation
Administration # Allocated #Funded
Accounting Assistant 1
Accounting Manager
Accounting Technician 2
Administrative Services Manager -- 1
Assistant Finance Director 1
Building Official 1
City Manager 1
Hearing Officer- Part time 1
Planner I / Recreation Coordinator I 1
Planner I! / Recreation Coordinator I! 1 1
Planning Director
Senior Accounting Technician
Fire Department
Fire Chief
Fire Dispatch
Fire Dispatch- Part time
Police Department
Administrative Secretary - PD
Community Service Officer
Community Service Officer - Part time 1 -NoT
Police Chiet
Police Communications Supervisor 1
Police Detective
Police Dispatcher
Police Officer
Police Sergeant
Police Trainee
Public Works
Administrative Secretary - PW
Assistant Pool Manager
Assistant Public Works Director 1 1
Equipment Mechanic
Equipment Operator
Landscape Maintenance Worker - Part time 1
Lifeguard
Lifeguard Il
Maintenance Worker I 6
Pool Manager
Public Works Director 1 1
Water Meter Reader / Maintenance Worker
Approved January 28, 2025