CORNING
CITY OF CORNING
CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, MAY 27, 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 people 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 labor negotiator pursuant to section 54957.6:
Agency Negotiator: Sophia R. Meyer, Labor Relations Consultant Management Bargaining Unit, Miscellaneous Bargaining Unit, Public Safety Bargaining Unit, and Dispatch Bargaining Unit
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
CORNING CITY OF CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, MAY 27, 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.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER 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 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 May 13, 2025, regular and closed session City Council meeting with any necessary corrections.
3. May 22, 2025, Claim Warrant in the amount of $ 146,440.61
4. May 22, 2025, Business License Report
5. Consider Waiver of Rodger's Theater Rental Fee for the annual Corning Around the World to be held on June 14, 2025
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS:
1. Ordinance 713, an Ordinance adopting a zoning code update in conjunction with the 7h Cycle Housing Element.
2. Proposed tentative parcel map 2025-01 Sukhwinder Kaur, Map to create 2 new parcels at APN 071-080-053
J. REGULAR AGENDA:
1. Adopt Ordinance No. 714 designating the fire hazard severity zones in the City of Corning.
2. Approve Municipal Airport ground lease transfer to Levi Palmer for Hangars #3 and #10.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
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).
N. ADJOURNMENT:
Posted: Friday, May 23, 2025
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER CORNING Item No.: G-2
CITY OF CORNING
CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, MAY 13, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order at 5:00pm by Mayor Snow.
B. ROLL CALL:
Councilmembers present:
Jose "Chuy" Valerio
Shelly Hargens
Dave Demo
Lisa Lomeli
Mayor- Robert Snow
Absent:
Staff present: City Manager Brant Mesker
City Attorney Collin Bogener
c. PUBLIC COMMENTS: No comments
D. REGULAR AGENDA:
1. Conference with Real Property Negotiations (54956.8) Property: APN 073-120-082
Agency Negotiator: City Manager Brant Mesker
Under Negotiation: Lease
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: Ended the closed session at 5:18pm. Mayor Snow stated there were no reportable actions.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
CITY OF
CORNING
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, MAY 13, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order at 5:30pm by Mayor Snow B. ROLL CALL:
Councilmembers present:
Jose "Chuy" Valerio
Shelly Hargens
Lisa Lomeli
Dave Demo
Mayor- Robert Snow
Staff present: City Manager Brant Mesker
City Attorney Collin Bogener
City Clerk Rubi Ordaz
Public Works Director Eli Stanley
Fire Chief Tom Tomlinson
Police Chief Craig Bassett
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
1. Proclamation: National Public Works Week May 18 through May 24, 2025. Present to accept the Proclamation is Public Works Director Eli Stanley.
City Clerk, Rubi, read the Proclamation. Mayor Snow thanked the Public Works crew for all A second Proclamation was read for National Police Week. Mayor Snow thanked the Police Department for all that they do. City Clerk, Rubi, read the Proclamation. Chief Bassett was there to accept the Proclamation.
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Corning Resident- He is concerned about the fire containment regulations for the City of Corning.
Insurance coverage on his property is becoming difficult due to the high fire hazard zone he lives in. He is also frustrated with the way the water is charged. Winter months need to be considered since water usage isn't used as much. Council directed him to come in to City Hall to discuss this issue and possible place it on the agenda to discuss it further.
Corning Resident- Would like an update on the Marin St. house. Also, would like extra patrol on Hoag St due to her car being broken in to 3 times already since January. She was advised to call the Police Department to request the extra patrol, and was given a brief update on the Marin St. house.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
Closed public comment at 5:45pm
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
3. May 7, 2025, Claim Warrant in the amount of $ 400,595.32
4. May 7, 2025, Business License Report
5. April 2025 Treasurer's Report
6. April 2025 Wages & Salaries: $456,58.33
7. April 2025 Building Permit Valuation Report in the amount of $446,609
8. March 2025 City of Corning Wastewater Operations Summary Report.
9. Adopt Resolution No. 05-13-2025-01 a Resolution adopting the required Cal OES City designation of applicant's agent for non-state agencies.
10. Consider dissolving the Tuesday Night Market Ad-Hoc Committee
11. Authorize Public Works to declare equipment surplus and dispose of the items in the best interest of the city.
Councilor Valerio moved to approve consent items 1-11; 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:
J. REGULAR AGENDA:
1. Approve recommendation by the City Library Commission to utilize the remaining balance of the City Ridell Trust Fund to aid in the purchase of shelving.
Presented by City Manager, Brant. During the Library Remodel Project the original shelving was not retained, and now the Friends of the Library are requesting assistance with paying for the new shelves. The shelves' price is estimated to be between $88,000 to $108,000. They have funds to cover most of the shelving but would like to use the remaining funds from the Ridell Trust towards the purchase of these new shelves.
Robert- Why were shelving not conserved? Laura Calkins clarified they were not ADA compliant or earthquake proof.
Demo-Will you raise enough? Laura stated they already had a down payment. Brant recommended that if they do approve the funds they use it as the last payment.
Councilor Demo moved to approve utilizing the remaining funds to aid in the purchase of new shelving from the City Ridell Trust Funds and that payment be made as the final payment for purchase; 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
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
Ms. Lomeli left the Council meeting at 5: 53pm
2. Informational presentation and direction from Council regarding PG&E utility relocation for the City Recreation Center and Community Plaza Project.
Presented by City Manager, Brant. PG&E reviewed the City of Corning's Recreation Center and City Plaza plans which require the relocation of four overhead electric distribution poles. The full cost of relocating the poles will be covered by PG&E. They plan to relocate the overhead utilities along the south side of Marin Street and is asking for the City to provide a notice to proceed and to assist with the encroachment permit process.
Formal action was not necessary. City Council recommended to move forward with the notice to proceed.
3. Presentation and provide direction on proposed funding allocations, prioritize projects for inclusion of the fiscal year 2025/26 budget and approve fiscal year 2025/26 capital improvement priorities.
Presented by City Manager, Brant. Staff has presented their FY 2025/2026 Capital Improvement Plan project proposals. The project proposals are combined from all four departments: Fire, Police, Public Works, and Admin/Finance. Staff is seeking guidance on priority spending during the upcoming fiscal year for projects. Brant presented all the projects for each department and asked for feedback on what they should prioritize mainly on the street projects since there are 4 that are being proposed. Mayor Snow gave priority to 4" Avenue for the beginning of the fiscal year, and they could review funds at the mid-year budget and see if they can continue to 5'h Avenue. Council agreed that Colusa St and Yolo St. street projects should be done at the same time and not prioritize one of the other. Mayor Snow suggested to fund the Pool project out of Measure A along with grant money we can obtain since it's overdue for maintenance and it will reduce risk liability issues in the future.
Councilor Hargens moved to review and provide direction on the proposed Measure A funding allocations and prioritize projects for inclusion in the fiscal year budget, and approve the fiscal year 2025/2026 Capital Improvement priorities; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Valerio, and Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Demo- Had no meetings.
Valerio-Corning in the Morning will be held at Mechanics Bank on May 14th. The Rotary Ribbon Cutting at North Side Park on May 15" at 3:30pm.
Hargens- Had a Tehama County Landfill meeting and discussed general items.
Snow-No meetings. He spoke with the Tehama County Supervisors and was glad that the boat ramp was cleared and opened at Woodson Bridge.
N. ADJOURNMENT: 6:38pm
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
Attest:
City Clerk, Rubi Ordaz
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No. : G-3
CITY OF
CORNING
MEMORANDUM
TO: HONORABLE MAYOR & COUNCIL
FROM: Lori Sims
Accounting Technician
DATE: May 22, 2025
SUBJECT: CASH DISBURSEMENT DETAIL REPORT FOR COUNCIL MEETING:
Tuesday, May 27, 2025
PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THE FOLLOWING:
A. Cash Disbursements Ending 05-22-2025 $146,440.61
GRAND TOTAL $146,440.61
CITY OF CORNING PAGE:
ish Disbursement Detail Repor
leck Listing for 05-25 thru 05-25 Bank Account.: 10: CTL.: COR Check Check Vendor Net
Numbex Date Number Name Amount Invoice #
039185 05/15/25 B7602 •------- BLOC MATIT : BOTOR ENTER BIG VALLEY SANITATION, IN 125.00 147613
039190 05/15/25 PGB09 PG&E 234.55 250513 BLECT - STONEFOX L&L-Z1, D2 039191 05/15/25 QUIO2 QUILL CORPORATION 11.77 44084323 OFPICE SUPPLIES - PW ADMIN 039192 05/15/25 RED15 RED TRUCK ROCK YARD, LIC 280.19 1657 MAT & SUPPLIES • STRESS 257.40 1658
Check Total...... 537.59
039193 05/15/25 ROD10 RODRIGUEZ, JESENIA 1590.00 250514 REC INSTRUCTOR - REC (COORDINATOR) 039194 05/16/25 CHAOB CHAVEZ, SERGIO A. 71.82 250512-1 LIFEGUARD CERT/TEST - POOL 039195 05/16/25 DARO3 DARREN TAYLOR CONSTRUCTIO 9998.50 4914 THERMO PLASTIC - STR 039196 05/16/25 KIN14 KINETICS ACADEMY OF DANCE 280.00 250504 RBC INSTRUCTOR - REC 039197 05/16/25 MOOOT MOORE & BOGENER, INC. 9252.50 16126 LGL SVCS - 039198 05/16/25 PAC29 PACE ANALYTICAL SERVICES, 239.30 252803557 PROF SVCS - WIR DEPT 039199 05/16/25 QUI02 QUILL CORPORATION 339-60 41204104 HE 039199 Reverse UPPLIE Check Total....: .00
039200 05/16/25 SCPOO SCP DISTRIBUTORS LLC 2175.94 SN132834 -2175.94 SN132834U
-500.00 SN133015C MAT 039200 ever po
500.00 SN133015u
Check Total...
039202 05/16/25 QUIO2 QUILL CORPORATION 294.66 44120440Y CK# 039202->039199 Replacement 039203 05/16/25 SCPOO SCP DISTRIBUTORS LLC 2500-00 S132834Y SN133015Y Replacement
Check Total. 1675.94
039204 05/19/25 ATT13 AT&T 723.89 250511 COMMUNICATIONS - DISPATCH 039205 05/19/25 LACO1 LACY, CLINT 450.00 250517 REC INSTRUCTOR - REC (JIU JITSU) 039206 05/19/25 QUI02 QUILL CORPORATION 15:01 14024691
44068992
Check Total... 93.42
039207 05/19/25 SCH01 LES SCHWAB TIRE CENTBR 1245.90 00545646 VEH OP/MAINT - POLICE 039208 05/21/25 COM01 COMPUTER LOGISTICS, INC 3720.00 86183 EQUIP MAINT- 039209 05/21/25 GLO02 GLOBAL OFFICE, INC. 10.11 GN15783 EQUIP MAINT-FINANCE 039210 05/21/25 GRA02 GRAINGER, W.W., INC 83.79 951040144 MAT & SUPPLIES-PARKS 039211 05/21/25 MOSO3 MOSHER, JEREMY STEVEN 187.65 250520 PANT RBIMBURSMENT-PW ADMIN 039212 05/21/25 PAY01 PAYGOV. US LIC 3315.08 1652 BANKG/EBBS/CHRG-FINANCE 039213 05/21/25 PGE2A PG&E 55.48 250513 ELECT-BLUE HBRON CT 039214 05/21/25 RED21 RED HAT FIRE PROTECTION 1165.00 RH6001 MALL TOOLS - POLIC RH6002 BRT OF BXTNG
420.00 RH60000 CERT OF EXTNG-BLD MANINT (FIRE)
Check Total.... 2186.00
039215 05/21/25 RONOS RON'S BODY SHOP CORNING, 2784.05 10243 SUP VBH OP/MAINT - POLICE (INS. PYMT) 039216 05/21/25 STA22 STATE LANDS COMMISSION, 44.03 B14893 PROF SVCS-WWTP 039217 05/21/25 WAL11 WALBERG INC. 600.00 9410 MACH BQUIP-SWR 039218 05/22/25 AIROO AIRGAS USA, LLC 218.19 916134414 MAT & SUPPLIES-FIRE 039219 05/22/25 DEVO1 DEVELOPMENT COMPLIANCE SO 25-041
25-043
25-050
Check Total 10133.33
039220 05/22/25 НОМОЗ HOME DEPOT 161.41 2175133 MAT & SUPPLIES-PARKS -160.7 3162632C MAT & SUPPLIES-PARKS
160.71 6617222 MAT & SUPPLIES-PARKS
Check Total. 161.46
039221 05/22/25 SNA00 SNAP-ON CREDIT LLC 1080.48 131582546 BQUIP MAINT- Cash Account Total......: 146440.61
Total Disbursements..: 146440.61
Thie: 14:40 CITY OF CORNING PAGE:
May 22 25 Time: or 05-25 Sere 05-25 1 Re Account. : 1020 LORI SIMS Check Listing for 05-25 thru 05-25 CTL.: COR
Check Check Vendor Amount Invoice #
Number Date Number Name Description
------ ... . _...
039147 05/09/25 CAR12 CARREL'S OFFICE SOLUTIONS 20.85 AR74453 MAT & SUPPLIES - LIBRARY 039148 05/09/25 CAYOO CAYETANO-KBASEY, ANNA 75.00 250510 REC INSTRUCTOR - REC (HIP HOP) 039149 05/09/25 EMB02 EMERGENCY VEHICLE OUTFITT 14722.36 8121 VEH REPLACEMENT - CAP IMPROV 039150 05/09/25 GL002 GLOBAL OPFICE, INC. 36:15 SN1539
N1551
Checkotal.: 106.27
039151 05/09/25 JIMO2 JIMMY BOYES BLECTRIC 5375.00 348 LENNOX LIGHTING - PARKS SPECIAL PROJ 039152 05/09/25 LUMOO LUMINACE AGGREGATOR LLC 15467.37 250360 ELECTRICITY - 039153 05/09/25 MADOS MADRIGAL, NATALIA 75.00 250510 REC INSTRUCTOR - REC (HIP HOP) 039154 05/09/25 MAGOO MAGANA, BRIANNA 75.00 250510 REC INSTRUCTOR - REC (HIP HOP) 039155 05/09/25 NOR47 NORTHSTAR 1232.40 84021 TEHAMA STR REHAB - STR PROJ 5772.00 84022 PROF SVCS - STR
5697.50 84023 SCDRP WELL WTR IMPROV
Check Total.. 12701.90
039156 05/09/25 PAC29 PACE ANALYTICAL SERVICES, 239.30 252803388 PROF SVCS - WTR DEPT 039157 05/09/25 PLAOG PLACEWORKS, INC. 168.75 CRNG1.0-7 PROP SVCS - PLANNING (APR 1, 2025-APR 30, 2025) 039158 05/09/25 PUZOZ PULIDO, BRIQUE 600.00 250506 COMM EVENTS (TUESDAY NIGHT MARKET DJ) 039159 05/09/25 RADOZ THE RADAR SHOP 564.00 26276 PROF SVCS - POLICE 039160 05/09/25 REDOO RED BLUFF DAILY NEWS 110.14 6892055 PRINT/ADVERT - CITY CLERK 039161 05/09/25 TPX00 TPX COMMUNICATIONS 1225.73 185310562 COMMUNICATIONS - 039162 05/12/25 ATKO4 ATKIN, LACBY 2117.50 250509 REC INSTRUCTOR - REC (HIIT) 039163 05/12/25 ATT17 AT&T 107.00 250430 COMMUNICATIONS - FIRE 039164 05/12/25 CHAOT CHANDLER, BRIDGETT 168.00 250508 REC INSTRUCTOR - REC (YOGA) 039165 05/12/25 CLA11 CLACK, AVALBEN 71.26 250428-2 LIFEGUARD CERT TEST - POOL 039166 05/12/25 GAR1O GARCIA, LORIBL 300.00 250511 RBC INSTRUCTOR - REC 039167 05/12/25 LNC01 IN CURTIS & SONS 106.35 INV946410 BQUIP MAINT - FIRE 039168 05/12/25 MAR14 MARTINEZ, YASLENE B. 125.00 250510 REC INSTRUCTOR - REC (GYMNASTICS) 039169 05/12/25 MEYOO MEYER'S POLICE K-9 TRAINI 92.01 2424 K-9 PROGRAM - POLICE (FENTANYL TRAINING) 039170 05/12/25 QUI02 QUILL CORPORATION 449.57 44065542 OFFICE SUPPLIES - FINANCE 039171 05/12/25 RANO2 RANA, RUPAK 137.50 250510 REC INSTRUCTOR - RBC 039172 05/12/25 ROGO2 ROGERS, DUSTIN 150.00 250511 REC INSTRUCTOR - REC (WRESTLING) 039173 05/12/25 TINOO TINKER, JOSEPHINE 71.82 250428-3 LIFEGUARD CERT TEST - POOL 039174 05/12/25 VANOS VAN WHY, ANIKA ESCOBAR 71.82 250512-2 LIFEGUARD CERT TEST - POOL 039175 05/13/25 BDIOO BDI 347.67 950434224 MAT & SUPPLIES - SSN 039176 05/13/25 RENO2 RENTAL GUYS 177.69 1035476-1 SMALL TOOLS - STR 039177 05/13/25 ROD12 RODRIGUEZ PORTABLES 405.00 2025/6372 MAT & SUPPLIES - AIRPORT 039178 05/13/25 RON03 RON DUPRATT FORD 59.46 72078
79.00 72552
....
Check Total..: 138.48
039179 05/13/25 TEH15 TEHAMA CO SHERIFF'S DEPT 49.00 20250507 PROF SVCS - POLICE 039180 05/13/25 WAROS WARREN, DANA KARL 277.40 250513 REC INSTRUCTOR - REC (KENPO-APRIL) 039181 05/14/25 DEP12 DEPT OF JUSTICE 498.00 813222 PROF SVCS - POLICE 039182 05/14/25 FEROZ FERGUSON WATERWORKS #1423 772.57 1891886 MAT & SUPPLIES - WIR 039183 05/14/25 FOUOO FOUR SBASONS ROOFING 7019.73 30799A ROOF TRANSIT - TRANS FAC (RETAINAGE) 039184 05/14/25 GRAO2 GRAINGER, W.W., INC 106.02 950569699 MAT & SUPPLIES - WIR 039185 05/14/25 N&s00 N&S TRACTOR 415.98 IG00155 BOUT MAINT - SSW 039186 05/14/25 OLIO8 OLIVBRA-GONZALEZ, GABRIEL, 162.50 250511 REC INSTRUCTOR - REC (BALLET FOLKLORICO) 039187 05/11/25 PGE01 PG&E 28943.52 250508 BLECTRICITY GENERAL CITY - 039188 05/14/25 VERO2 VERIZON WIRELESS 228.06 611241399 PROP 30 - MDC Item No.: G-4
Date..: May 22, 202! NEW BUSINESSES FOR CITY COUNCI
CITY/STATB/ZIP Business Desc
GOLDEN GATE ELECTRIC 1100 GARDEN HNY STE. 100 YUBA CITY, CA 95991 SOLAR COMPANY THAT DOES INSTALLATTONS AN 05/13/25 ITEM NO: G-5
CONSIDER WAIVER OF RODGERS
THEATRE RENTAL FEE FOR THE
ANNUAL CORNING AROUND THE
WORLD TO BE HELD ON JUNE 14,
2025
May 27, 2025
TO: HONORABLE MAJOR AND COUCILMEMBERS
FROM: RA BEAKE UNMANOES DRECTORES
SUMMARY:
Staff received a request from Colette Cutter from Better Choice Real Estate for City Council to approve a waiver of the $500 rental fee and private security requirement for the use of Rodgers Theater during the "Corning Around the World" event. The event is scheduled to take place on June 14, 2025.
BACKGROUND:
At the April 22nd City Council meeting, special event fees for the "Corning Around the World" event were waived. As part of the event, organizers plan to use Rodgers Theater for 8 hours, including alcohol service. The standard rental fee is $500 with a $400 refundable deposit.
The Special Event Insurance requirements must be met, and Corning Police will monitor the event. Staff recommends requiring the $400 refundable deposit.
RECOMMENDATION:
MAYOR AND CITY COUNCIL:
1. Waive the $500 theater rental fee.
2. Waive the private security requirement.
Require the $400 refundable deposit to be paid by the event organizer.
ITEM NO: I-1
ORDINANCE 713, AN ORDINANCE
ADOPTING A ZONING CODE UPDATE
IN CONJUNCTION WITH THE 7TH
CYCLE HOUSING ELEMENT
May 27, 2025
TO: CITY COUNCIL
cm
FROM: CHRISTINA MEEDS PLANNER I|
BRANT MESKER, CITY MANAGER
PROJECT DESCRIPTION:
With the 7i cycle Housing Element for the City of Corning came numerous Zoning Code amendments and four new chapters, to conform with recently enacted provisions of state law.
Staff and the City's Consultants, Place works, have completed the updates, and have created Ordinance 713.
The proposed amendments to the Zoning Code are focused in the following areas:
• Addressing recent changes in State housing legislation that require the City to make changes to the Zoning Code.
• Addressing recent changes in the State Health and Safety Code to keep the City in compliance with state laws.
• Streamlining the processes established in the Zoning Code that must be followed when developers and homeowners submit projects and work with the Planning Department.
The changes to the Zoning Code are coordinated with amendments to the City's Housing Element (a chapter of the Corning General Plan), which was recently updated to meet the requirements of state law.
No properties will be rezoned as part of this process; the Zoning Map is not proposed to be changed.
Planning Commission Recommendation:
At the May 20, 2025, Planning Commission Meeting the Commission voted in favor of the Zoning Code, Ordinance 713, 4-0 vote with Lamb absent, and recommended Staff propose the Zoning Code Update, Ordinance 713, to the Corning City Council for adoption.
RECOMMENDATION:
MOVE TO APPROVE AND ADOPT, ORDINANCE 713, AN ORDINANCE OF THE CITY OF CORNING AMENDING TITLE 17 (ZONING) BY AMMENDING THE FOLLOWING SECTIONS OF THE ZONING CODE: 17.06, 17.10, 17.14, 17.16, 17.38, 17.39, 17.46, 17.51, 17.54, 17.62,
17.63, AND 17.64, AND ADDING NEW SECTIONS ADDRESSING "EMPLOYEE HOUSING
FOR FARMWORKERS, LICENSED RESIDENTIAL CARE FACILITIES, TRANSITIONAL AND
SUPPORTIVE HOUSING, AND SEWER AND WATER SERVICE PRIORITY FOR AFFORDABLE HOUSING DEVELOPMENT",
•
ACTION:
MOVE TO ADOPT THE PROPOSED ZONING CODE UPDATE, ORDINANCE 713 ATTACHMENTS:
A & B
ATTACHMENT C: SUMMARY OF ZONING CODE CHANGES.
•
CORNING MUNICIPAL ORDINANCE 713
AN ORDINANCE OF THE CITY OF CORNING AMENDING TITLE 17 (ZONING) AND TITLE 13 (PUBLIC SERVICES) BY REVISING AND REPLACING IN THEIR ENTIRETY THE FOLLOWING SECTIONS OF THE ZONING CODE: 17.06, 17.10, 17.14, 17.16, 17.38, 17.39,
17.46, 17.51, 17.54, 17.62, AND 17.64 AND ADDING NEW SECTIONS 13.10, SEWER AND WATER SERVICE PRIORITY FOR AFFORDABLE HOUSING DEVELOPMENT, 17.61, EMPLOYEE HOUSING FOR FARMWORKERS, 17.68, LICENSED RESIDENTIAL CARE FACILITIES, 17.69, TRANSITIONAL AND SUPPORTIVE HOUSING, WHEREAS, the City recognized that portions of the Corning Zoning Code required updates to conform with recently enacted provisions of state law, to update information, and add new chapters to remain in compliance with the state laws; and WHEREAS, the City, required by the State, completed the 7' Cycle Housing Element; and WHEREAS, The Corning City Council adopted the 7" cycle on February 11, 2025; and WHEREAS, staff and the City's consultants have created a draft updated Zoning Code which achieves the goals set forth in the 7' cycle Housing Element; and WHEREAS, the updates revise the text of the Corning Municipal Code by repealing and replacing the following chapters:
17.06 (DEFINITIONS), 17.10 (R-1 SINGLE FAMILY RESIDENTIAL), 17.14 (NEIGHBORHOOD MULTI-FAMILY RESIDENTIAL DISTRICT), 17.16 (GENERAL MULTI-FAMILY RESIDENTIAL DISTRICT), 17.38 (A AGRICULTURE COMBINING DISTRICT), 17.39 (A-2 AGRICULTURAL DISTRICTS (EXCLUSIVE)), 17.46 (AH ALTERNATIVE HOUSING COMBINING DISTRICT), 17.51 (OFF-STREET PARKING REQUIREMENTS), 17.54 (CONDITIONAL USE PERMITS), 17.62 (AFFORDABLE HOUSING, BONUSES AND INCENTIVES), 17.63 (REASONABLE
ACCOMODATIONS) and 17.64 (ACCESSORY DWELLING UNITS),
And adding sections the new chapters listed below:
17.61 (EMPLOYEE HOUSING (FOR FARMWORKERS), 17.68 (LICENSED RESIDENTIAL CARE FACILITIES), 17.69 (TRANSITIONAL AND SUPPORTIVE HOUSING) and13.10 (SEWER AND WATER SERVICE PRIORITY FOR AFFORDABLE HOUSING DEVELOPMENT); and
WHEREAS, the new Zoning Code sections have been created addressing "Employee Housing for Farmworkers, Licensed Residential Care Facilities, Transitional and Supportive Housing and in the Public Services Chapter adding Sewer and water service priority for affordable housing development" in order to comply with the requirements of state law and provide specific guidance to staff, the public, and businesses on these topics; and WHEREAS, the draft updated Zoning Code was made available for public review in November 2024; and
WHEREAS, the environmental impacts of the Zoning Code Update have generally been addressed in the Final General Plan EIR prepared for the most recent update of the Corning General Plan; and
-
WHEREAS, the City Council finds that the foregoing recitals and findings are true and correct, and adopts this Ordinance based on the entirety of the record; The City Council of the City of Corning does ordain as follows:
SECTION 1 - REVISION OF EXISTING ZONING AND ADDITION OFCODE SECTIONS a) The following existing sections of the Corning Zoning Code are repealed in their entirety and replaced as set forth in Attachment A to this Ordinance:
17.06 (DEFINITIONS), 17.10 (R-1 SINGLE FAMILY RESIDENTIAL), 17.14 (NEIGHBORHOOD MULTI-FAMILY RESIDENTIAL DISTRICT), 17.16 (GENERAL MULTI-FAMILY RESIDENTIAL DISTRICT), 17.38 (A AGRICULTURE COMBINING DISTRICT), 17.39 (A-2 AGRICULTURAL DISTRICTS (EXCLUSIVE)), 17.46 (AH ALTERNATIVE HOUSING COMBINING DISTRICT), 17.51 (OFF-STREET PARKING REQUIREMENTS), 17.54 (CONDITIONAL USE PERMITS), 17.62 (AFFORDABLE HOUSING, DENSITY BONUSES AND INCENTIVES), 17.63 (REASONABLE ACCOMODATIONS) and 17.64 (ACCESSORY DWELLING UNITS).
SECTION 2 - ADOPTION OF NEW ZONING AND PUBLIC SERVICES CODE SECTIONS a) The following sections are added to the Corning Zoning Code as set forth in Attachment B to this Ordinance:
17.61 (EMPLOYEE HOUSING (FOR FARMWORKERS), 17.68 (LICENSED RESIDENTIAL CARE FACILITIES), 17.69 (TRANSITIONAL AND SUPPORTIVE HOUSING) and13.10 (SEWER AND WATER SERVICE PRIORITY FOR AFFORDABLE HOUSING DEVELOPMENT).
SECTION 3 -- SEVERABILITY
Severability any section, sentence, clause or phrase of this article is for any reason held to be invalid or If unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The Council hereby declares that it would have passed this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 4 - EFFECTIVE DATE AND SUMMARY PUBLICATION
This Ordinance shall take effect 30 days after its final passage and pursuant to its publication within fifteen days after its adoption in the Red Bluff Daily News, a newspaper of general circulation published and distributed in the City of Corning.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Corning held on May 27, 2025, and enacted at a regular meeting of the City Council of the City of Corning held on June 10, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
-
ABSENT:
ATTEST: Rubi Ordaz, City Clerk
STATE OF CALIFORNIA
COUNTY OF TEHAMA
CITY OF CORNING
I, Ruby Ordaz, City Clerk of the City of Corning do hereby certify that the foregoing is a true and correct copy of Ordinance 713. This Ordinance was introduced at a regular meeting of the City Council of the City of Corning held on May 27, 2025 and is to be adopted at a regular meeting of the City Council held on June 10, 2025. Ordinance 713 was published in a newspaper of general ATTEST:
Rubi Ordaz
City Clerk
ITEM NO: 1-2
PROPOSED TENTATIVE PARCEL MAP
2025-01 SUKHWINDER KAUR, MAP TO
CREATE 2 NEW PARCELS AT APN 071-
080-053
May 27, 2025
TO: CITY COUNCIL OF THE CITY OF CORNING
FROM: CHRISSY MEEDS, PLANNER |I CM
BRANT MESKER, CITY MANAGER
PROJECT DESCRIPTION & LOCATION:
Mrs. Kaur has submitted an application to the City to split her parcel known as APN: 071- 080-053 located at 0 Lincoln Ave.
In 2022 the Planning Commission held a public meeting to legally merge 2 separate parcels 071-080-048 & 049 as the future plan was to build on large single family residence, once completed those parcels became APN 071-080-053 located at 0 Lincoln Ave.
Mrs. Kaur is now asking for a reversion of that to revert the land back to the original lots 1 & 2. See Attached Diagram from Butler Engineering.
GENERAL PLAN LAND USE DESIGNATION:
Residential
ZONING DESIGNATION:
R-1-8 Single Family 8,000 square feet
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The California Environmental Quality Act Guidelines provide for the exemption of certain minor projects that meet all conditions of the General Plan and Zoning Code and have access to existing City streets and utilities. The Guidelines qualify such exemption, however, by requiring the City to ensure that the development of the Project will not have a "cumulative negative impact" upon the environment or surrounding properties. Many of the proposed Conditions on this Project are contained in existing City Codes. With several additional Conditions of Development, this Project will not have an adverse impact upon the environment or the surrounding properties.
DISCUSSION:
Pursuant to Section 16.15.155 (A) of the Corning Municipal Code (CMC) "the City Council of the City shall hold a public hearing for the consideration of the tentative map, which date shall be within thirty days thereafter and the city council shall approve, conditionally approve, or disapprove the tentative map within the thirty-day period.
CONSISTENCY WITH GENERAL PLAN & ZONING:
The Site is designated Residential on the General Plan Land Use Map. Current zoning is R-1-8, Single Family 8,000 square feet, as such the project is consistent with the General.
Staff recommends the following three (3) Factual Subfindings & Legal Findings for consideration by the Commission.
Factual Subfinding #1:
A Notice of Exemption will be filed with the Tehama County Clerk & Recorder and on the CEQA Submit Site.
Legal Finding #1:
The granting of Tentative Map 2025-01 is a minor land division and therefore exempt from CEQA pursuant to Section 15315, Class 15.
actual wain and sever services will continue serving the resultant parcels pursuant to Proposed Tentative Map 2025-01.
Legal Finding #2:
There will be no conflicts with City Water and Sewer Services for the resultant parcels of Proposed Tentative Map 2025-01.
Factual Sub finding #3:
A Registered Professional Engineering firm, Butler Engineering Group prepared exhibit maps and legal descriptions of the resultant parcels of Tentative Parcel Map 2025-01.
Legal Finding #3:
The City accepts these maps depicting the existing and proposed property boundaries but makes no attempt to certify neither title nor accuracy of the attached drawing.
ACTION
MAKE A MOTION TO ADOPT THE 3 FACTUAL SUBFINDINGS AND LEGAL FINDINGS
AS PRESENTED IN THE STAFF REPORT AND APPROVE TENATATIVE PARCEL MAP 2025-01.
OR
MAKE A MOTION TO DENY TENTATIVE PARCEL MAP 2025-01.
LEGAL DISCRIPTION
RECORDATION OF THIS DEED IS FOR THE PURPOSE OF ADJUSTING PROPERTY
LINES ONLY AND DOES NOT CREATE OR CONVEY A SEPARATE PARCEL EXHIBIT "A"
PARCEL #1
THE LAND REFERRED TO HEREIN IS SITUATED WITHIN IN THE CITY OF CORNING, COUNTY OF TEHAMA,
STATE OF CALIFORNIA
AND IS DESCRIBED AS FOLLOWS:
BEING ALL OF LOT #1 AS SHOWN ON PARCEL MAP NO. 05-59. FILED IN THE OFFICE OF THE TEHAMA COUNTY RECORDER ON SEPTEMBER 19, 2006 IN BOOK 13 OF PARCEL MAPS AT PAGES 119 AND 120, TEHAMA COUNTY RECORDS.
MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT A POINT ON THE WEST RIGHT OF WAY OF LINCOLN AVENUE.
SAID POINT BEING THE NORTHEAST CORNER OF THE FOR MENTIONED LOT #1 MARKED BY A ¾" IRON PIPE PER BK 8-PM-239.
THENCE ALONG THE WEST RIGHT OF WAY OF LINCOLN AVENUE, SOUTH 00° 11' 24" EAST A DISTANCE OF 77.07 FEET; THENCE LEAVING THE WEST RIGHT OF WAY OF LINCOLN AVENUE, SOUTH 89" 50' O0" WEST A DISTANCE OF 105.33 FEET; THENCE NORTH 00° 11' 24" WEST A DISTANCE OF 77.07 FEET; THENCE NORTH 89° 50' 00" EAST A DISTANCE OF 105.33 FEET; TO THE POINT OF BEGINNING.
END DESCRIPTION
CONTAINING .19 ACRES. MORE OR LESS
DRAWNBY
SUKHWINDER KAUR
butler ENGINEERING GROUP APN: 071-080-048 & 049 A 1
CHECKED BY
CIVIL • STRUCTURAL • SURVEYING LINCOLN AVE
EWP
CORNING CALIFORNIA OF 2 SHEETS
9512 CROSSROADS DR, SUITE A • REDDING, CALIFORNIA 96003 DATE ISSUED JOB NUMBER T. 530.222.5211 WWW.BUTLERGROUP.US 09/09/2024 EXHIBIT A 22.102
LEGAL DISCRIPTION
RECORDATION OF THIS DEED IS FOR THE PURPOSE OF ADJUSTING PROPERTY
LINES ONLY AND DOES NOT CREATE OR CONVEY A SEPARATE PARCEL EXHIBIT "A"
PARCEL #2
THE LAND REFERRED TO HEREIN IS SITUATED WITHIN IN THE CITY OF CORNING, COUNTY OF TEHAMA,
STATE OF CALIFORNIA
AND IS DESCRIBED AS FOLLOWS:
BEING ALL OF LOT #2 AS SHOWN ON PARCEL MAP NO. 05-59. FILED IN THE OFFICE OF THE TEHAMA COUNTY RECORDER ON SEPTEMBER 19, 2006 IN BOOK 13 OF PARCEL MAPS AT PAGES 119 AND 120, TEHAMA COUNTY RECORDS.
MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT A POINT ON THE WEST RIGHT OF WAY OF LINCOLN AVENUE.
SAID POINT BEING THE SOUTHEAST CORNER OF THE FOR MENTIONED LOT #2 MARKED BY A %" REBAR MARKED LS 5110.
THENCE LEAVING THE WEST RIGHT OF WAY OF LINCOLN AVENUE, SOUTH 89* 50' 00" WEST A DISTANCE OF 105.33 FEET; THENCE NORTH 00° 11' 24" WEST A DISTANCE OF 77.07 FEET; THENCE NORTH 89° 50' 00" EAST A DISTANCE OF 105.33 FEET TO A POINT ON THE WEST RIGHT OF WAY OF LINCOLN AVENUE:
THENCE ALONG THE WEST RIGHT OF WAY OF LINCOLN AVENUE, SOUTH 00° 11' 24" EAST A DISTANCE OF 77.07 FEET; TO THE POINT OF BEGINNING.
END DESCRIPTION
CONTAINING .19 ACRES. MORE OR LESS
SUKHWINDER KAUR
butler ENGINEERING GROUP APN: 071-080-048 & 049 A 2
CHECKED BY
CIVIL • STRUCTURAL • SURVEYING LINCOLN AVE
EWP
CORNING CALIFORNIA OF 2 SHEETS
9512 CROSSROADS DR, SUITE A • REDDING, CALIFORNIA 96003 DATE ISSUED JOB NUUBER T. 530.222.5211 WWW.BUTLERGROUP.US 09/09/2024 EXHIBIT A 22.102
TENTATIVE PARCEL MAP
- NE CORNER LOT #1
N 89'50'00* E 105.33
LOT #1
RE-ESTABLISH
PER 13-PM-119
ORIGINAL LINE
3,117.8 SQ. FT.
PER 13-9M-113
0.19 ACRES
154. 154.
LINCOLN AVENUE
N 89'50'00" E - 105.33
=! LOT #2
PER 13-PM-119
8,117.8 SQ. FT.
0.19 ACRES
- SE CORNER LOT #2
S 89'50'00" W 105.33
60'
LINE TABLE
- = SUBJECT PROPERTY LINE
= ADJACENT PROPERTY LINE
• = RIGHT OF WAY LINE
*Note: This Property is located within the City of Corning, Tehama County California. Scale : 1" = 50' This map does not constitute a measured boundary survey.
The boundary data shown hereon has been compiled from available records and best fit to found survey monuments.
SUKHWINDER KAUR
butler ENGINEERING GROUP APN: 071-080-048 & 049 B 1
CIVIL • STRUCTURAL • SURVEYING LINCOLN AVE
EWP
CORNING CALIFORNIA oF 1 SHEETS
9512 CROSSROADS DR, SUITE A • REDDING, CALIFORNIA 96003 DATE ISSUED JOB NUMBER T. 530.222.5211 WWW.BUTLERGROUP.US 09/09/2024 EXHIBIT B 22.102 LOT #1
PER 13-PM-1
8,117.8 SQ. FT
0.19 ACRES
LINCOLN AVENUE
LOT #2
PER 13-PM-119
8,117.8 SQ. FT.
0.19 ACRES
BUTTE STREET
*Note: This Property is located within the City of Corning, Tehama County, California, Scale : 1" = 50'
SUKHWINDER KAUR
TJW 1
butler ENGINEERING GROUP APN: 071-080-048 & 049
CIVIL • STRUCTURAL • SURVEYING LINCOLN AVE
EWP
CORNING CALIFORNIA oF SHEETS
9512 CROSSROADS DR, SUITE A - REDDING, CALIFORNIA 96003 DATE ISSUED T. 530.222.5211 WWW.BUTLERGROUP.US 09/09/2024 EXHIBIT C 22.102 ITEM NO.: J-1
ADOPT ORDINANCE NO. 714 DESIGNATING
FIRE HAZARD SEVERITY ZONES IN THE CITY
OF CORNING
May 27, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
TOM TOMLINSON, FIRE CHIEF
BACKGROUND
Staff received the updated Fire Hazard Severity Zone (FHSZ) maps from the State Fire Marshal's Office. These maps were developed pursuant to Government Code Section 51178, which mandates the identification and classification of areas in California based on their relative fire hazard severity. The designation is a crucial step in implementing fire prevention strategies and ensuring the safety of residents in high-hazard areas. The maps do not limit or restrict the City's authority to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
It is important to remember that these maps measure hazard and not risk. • Fire "hazard" is based on physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfires, or fuel reduction. • Fire "risk" is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition-resistant building construction.
The Fire Hazard Severity Zone maps, created by the state, are developed using scientific models that assess factors such as vegetation, topography, and weather patterns that contribute to fire behavior. These maps are instrumental in guiding building standards, defensible space requirements in new developments and application of fire safe regulations.
RECOMMENDATION:
MAYOR AND COUNCIL APPROVE:
• DIRECT THE CITY CLERK TO READ THE ORDINANCE BY TITLE; AND APPROVE ORDINANCE 714, AN ORDINANCE OF THE CITY OF CORNING
DESIGNATING FIRE HAZARD SEVERITY ZONES
ORDINANCE NO. 714
AN ORDINANCE OF THE CITY OF CORNING DESIGNATING FIRE
HAZARD SEVERITY ZONES
THE CITY COUNCIL OF THE CITY OF CORNING does hereby find, determine, and declare as follows:
WHERAS, The City Council hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178; and
WHEREAS, The map, attached hereto as Exhibit "A" and incorporated by reference, is approved by the City Council and entitled "District Fire Hazard Severity Zones." The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Corning held on May 27, 2025, and enacted at a regular meeting of the City Council of the City of Corning held on June 10, 2025, by the following vote:
AYES:
NOES:
ABSENT
ABSTAIN:
Robert Snow, Mayor
ATTEST:
Rubi Ordaz, City Clerk
CITY OF CORNING - TEHAMA COUNTY
FIRE
Local Responsibility Area As Identified by the
State Fire Marshal
Fire Hazard Severity Zones January 22, 2025
UNINCUKPUKATEL
TEHAMA CO.
CARPORATE
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi C Area (LRA), as Identified by the State Fire Marshal
Km 0
Very High High Moderate
Projection: NAD 83 California Teale Albers
Scale: 1:42,000 at 11° x 17°
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024 *Incorporated City Waterbody High Moderate Unzoned LRA Federal Responsibility
Area (FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds Marshal to identity areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope, fire weather. as a major cause of wildfire spread.
The State of California and the Department of Forestry and Fire Gavin Newsom. Governor. State of Calfornia Data Sources Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall Wade Crowfoot Secretary for Natural Resources. CA Natural Resources Agency CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3. FHSZLRA_25_1) be lisble under any circumstances for any direct anacial incidenta Joe Tyler. Director/Fire Chief. CA Department of Forestry and Fire Protection CAL FIRE State Responsibility Areas (SRA25 1) or consequential damages with respect to any claim by any user of third party on account of. or arising from, the use of data or maps. Daniel Berlant. State Fire Marshal. CA Department of Forestry and Fire Protection City and County boundaries as of 10/22/24 (CA Board of Equalization) ITEM NO.: J-2
APPROVE MUNICIPAL AIRPORT
GROUND LEASE TRANSFER TO LEVI
PALMER FOR HANGARS #3 AND #10
MAY 27, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
CITY OF CORNING
FROM:
BACKGROUND:
Hangars #3 and #10, along with their associated land leases, are currently leased by Rachelle Lima. A purchase agreement has been executed for the sale of both hangars to Lev almer DDS INC. As part of the transaction, the new owner is requesting assignment of th existing leases.
RECOMMENDATION:
MAYOR AND COUNCIL APPROVE THE CORNING MUNICIPAL AIRPORT GROUND LEASE TRANSFER TO LEVI PALMER FOR HANGARS #3 AND #10
PURCHASE AGREEMENT FOR AIRCRAFT HANGARS ON LEASED LAND
This Agreement is entered into on this 19th day of May, 2025, by and between:
Seller: Rachelle Lima
Address:
Buyer: Levi Palmer DDS INC
Address:
1. Property Description
Seller agrees to sell, and Buyer agrees to purchase, the following property:
- Aircraft Hangar No. 3
- Aircraft Hangar No. 10
Located at Corning Municipal Airport, N. Marguerite Ave., Corning, CA 96021, Tehama County, California.
This sale pertains to the hangar structures only and does not include ownership of the underlying land, which is leased from Tehama County.
2. Purchase Price
The total purchase price for the two hangars shall be $30,000, payable as follows:
- Balance of $30,000 due at closing
3. Leasehold Interest
Buyer acknowledges the hangars are on leased land. This Agreement is contingent upon:
- Approval by Tehama County of assignment of the existing ground lease or issuance of a new lease to Buyer; and - Buyer's written approval of lease terms within fifteen (15) days of receipt.
4. Condition of Property
The hangars are sold "AS-IS," without warranties or representations. Buyer accepts the property in its present condition.
5. Closing
Closing shall occur on or before June 1st, 2025, unless extended in writing by mutual agreement. At closing, Seller shall deliver:
- This fully executed purchase agreement/bill of sale for both hangers signed. - Any keys, manuals, or access codes.
6. Taxes and Utilities
Seller is responsible for all taxes and utilities through the date of closing. Buyer assumes responsibility thereafter. 3 Coken
Buyer agrees to comply with all rules and regulations of the Corning Airport and Tehama County.
8. Default
If Seller defaults, Buyer is entitled to the return of all funds paid and may pursue other legal remedies. If Buyer defaults, Seller may retain any payments made and pursue additional remedies as allowed by law.
9. Entire Agreement
This document constitutes the full agreement between the parties, superseding all prior discussions or understandings.
10. Lease Back
Buyer agrees to allow the seller to remain in either one (1) of the hangers for 3 months time rent free in order to allow time to remove storage items. After September 1* 2025, if items have not been removed, buyer agrees to allow seller to remain in hanger for an extended 3 month period to December 1" 2025 at a rate of $150 monthly.
Seller can vacate at any time without notice.
After December 1" 2025 the buyer will require a yearly lease at a rate of $150/mth with 30 notice of termination.
INTEGRATED BILL OF SALE
This Purchase Agreement shall also serve as a fully executed Bill of Sale for the transfer of ownership of Aircraft Hangar No. 3 and Aircraft Hangar No. 10 from Seller to Buyer. The hangars are located at Corning Municipal Airport, N. Marguerite Ave., Corning, CA 96021, Tehama County, California.
For good and valuable consideration, the receipt of which is hereby acknowledged, Seller does hereby sell, transfer, and convey to Buyer all rights, title, and interest in and to said hangars.
The property is sold AS-IS, without any warranty or guarantee as to condition, fitness, or merchantability.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Seller:
Rachellesma
Rachelle Lima
Date: 5.20.2025
Buyer: -ar beheif of LVIS. Perman DOS INe.
Levi Palmer
5. 21.25
Date:
CORNING AIRPORT LEASE AGREEMENT
This AIRPORT LEASE AGREEMENT ("Lease") entered into this May 28, 2025 ("Execution Date") by and between the City of Corning, a municipal corporation ("Landlord" or "City") and Levi Palmer DDS INC ("Tenant"), for Lease Site No. #3 as further defined below. Landlord and Tenant may collectively be referred to as "Parties."
RECITALS
A. Landlord is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and its governing Municipal Code.
B. Landlord is the owner of the Corning Airport located in the City of Corning and is the owner of certain real property within the Corning Airport identified as Lease Site No. #3 hereinafter described as "Premises."
C. Landlord intends to maintain its leasing operation of space at the Corning Airport for viable hangar ground space for as long as the City maintains ownership of the Premises.
D. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, for valuable consideration, the parties agree as follows:
AGREEMENT
Section 1. Recitals
The above recitals are true and correct and are hereby incorporated as a term and condition of this Lease.
Section 2. Premises.
2.1. Location. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the portion of real property located at the Corning Municipal Airport and commonly referred to as Hangar Lease Site No. #3, located at the Corning Municipal Airport, 930 N. Marguerite Ave., Corning, California 96021 (the "Premises").
2.2. Condition of the Premises. Tenant accepts the Premises "AS IS," subject to all applicable Municipal, State, and Federal laws, ordinances, regulations, and policies governing and regulating the use of the Premises, and any covenants or restrictions of record. Tenant acknowledges that neither the Landlord nor Landlord's agents have made any representation or warranty as to the physical state of the Premises, or any present or future suitability of the Premises.
2.3. Scope of Lease. Tenant shall use the Premises as an airplane hangar, which includes the ability to store tools, fuel, and other items associated with aviation on the Premises. Commercial activity is not permitted.
2.4. Compliance with Laws, Ordinances and Regulations. Tenant covenants and agrees that it shall not engage in any unlawful use of the Premises. Tenant further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees, or invitees to engage in any unlawful use of the Premises and Tenant immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Premises by Tenant itself shall constitute an immediate breach of this Lease.
Tenant agrees to comply with all Federal, State, and local laws; all ordinances, rules and regulations, and minimum standards of Landlord; all rules and regulations and minimum standards established by the City; and all rules and regulations and minimum standards adopted by the City Council pertaining to the conduct required at the Premises.
Section 3. Term of Lease
3.1. Term. The initial term of this Lease shall commence on February 12, 2019 at 12:00 a.m. and expire at 11:59 p.m. on February 12,2039, unless terminated earlier as provided herein. Lease term will be 20 years from February 2019.
3.2. Holdover. If Tenant holds over after the expiration of the initial term or any renewal term, this action will create a month-to-month tenancy. In this event, for and during the holdover period, Tenant agrees to pay all applicable rentals, fees, and charges at the rates agreed to by the Parties.
Section 4. Lease Payments.
Tenant shall pay annually an amount of $366.28 payable within thirty (30) days of this Lease anniversary date. The payment shall be made by sending the payment via first class mail to the Landlord as specified in the Section pertaining to notices below.
Section 5. Lease Payment Increases and Late Payments.
5.1. Increases. The City shall annually increase the Lease Payments, as set forth in Section 4 above, by no more than 4% per year. These increases may be made on the anniversary date of this Lease.
5.2. Late Payments. Lease payments shall be considered past due if Landlord has not received full payment after the 10* day of the month in which payment is due. Landlord shall assess a late penalty charge of ten (10) percent on the entire balance of any overdue Lease Payments.
Section 6. Construction and Improvements.
6.1. Discretionary Improvements. Tenant may, at its sole discretion, perform modifications, renovations, improvements, or other construction work on or to the Premises (collectively, "Improvements") so long as it first submits all plans, specifications, and estimates for the costs of the proposed work in writing and also requests and receives in writing approval from the Landlord. Landlord agrees to respond in writing to Tenant's requests for approval within thirty (30) calendar days of receipt of such requests. Any trade fixtures shall remain the property of Tenant and may be removed so long as Tenant repairs any damage caused thereby.
6.2. Requirements for Improvements. Any and all improvements made by Tenant to the Premises shall comply with all Federal, State, and local laws.
Section 7. Utilities.
Tenant, at Tenant's sole cost and expense, shall be responsible for the installation and use of all utility services to all portions of the Premises and for all other related utility expenses, including, but not limited to, deposits and expenses required for the installation of meters.
Tenant further covenants and agrees to pay all costs and expenses for any extension, maintenance, or repair of any and all utilities serving the Premises. In addition, Tenant agrees that all utilities, air conditioning and heating equipment and other electrically operated equipment which may be used on the Premises shall fully comply with Landlord's Municipal Codes, including but not limited to the Building Code and Fire Code ("Codes"), as they exist or may hereafter be amended.
Section 8. Maintenance and Repairs.
8.1. Maintenance and Repairs by Tenant. Tenant agrees to keep and maintain the Premises in a good, clean, and sanitary condition at all times, reasonable wear and tear excepted.
Tenant covenants and agrees that it will not make or suffer any waste of the Premises.
Tenant, at Tenant's sole cost and expense, will make all repairs or replacements necessary to prevent the deterioration in condition or value of the Premises, including, but not limited to, the maintenance of and repairs to all hangars and other structures, doors, windows and roofs, and all fixtures, equipment, hangar modifications and surrounding pavement on the Premises.
Tenant shall be responsible for all damages caused by Tenant, its agents, servants, employees, contractors, subcontractors, licensees or invitees, and Tenant agrees to fully repair or otherwise cure all such damages at Tenant's sole cost and expense.
Tenant agrees that all improvements, trade fixtures, furnishings, equipment and other personal property of every kind or description which may at any time be on the Premises shall be at Tenant's sole risk or at the sole risk of those claiming under Tenant. Landlord shall not be liable for any damage to such property or loss suffered by Tenant's business or business operations which may be caused by the bursting, overflowing, or leaking of sewer or steam pipes, from water from any source whatsoever, or from any heating fixtures, plumbing fixtures, electric wires, noise, gas, or odors, or from causes of any other matter.
8.2. Compliance with ADA. Tenant, at its sole cost and expense, agrees to keep and maintain the Premises in full compliance at all times with the Americans with Disabilities Act of 1990, as amended ("ADA."). In addition, Tenant agrees that all improvements it makes to the Premises shall comply with the ADA requirements.
8.3. Inspections. Landlord shall have the right and privilege, through its officers, agents, servants, or employees, to inspect the Premises. Except in the event of an emergency, Landlord shall conduct such inspections during Tenant's ordinary business hours and shall use its best efforts to provide Tenant at least forty-eight (48) hours' notice prior to any inspection.
Section 9. Insurance.
9.1. Coverage. Tenant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City as an additional insured, and covering all public risks related to the leasing, use, occupying, maintenance, existence or location of the Premises. The insurance coverage for the Premises shall be no less than $2 million ($2,000,000) dollars (per occurrence) General Liability, and $4 million ($4,000,000) General Aggregate.
9.2. Certificates. As a condition precedent to the effectiveness of this Lease, Tenant shall furnish Landlord with appropriate Certificates of Insurance signed by the respective insurance companies as proof that it has obtained the types, and amount of insurance coverage required herein. Tenant hereby covenants and agrees, that prior to the expiration or any insurance policy required hereunder, it shall provide Landlord with a new or renewal Certificate of Insurance.
Section 10. Indemnification.
Tenant hereby assumes all liability and responsibility for property loss, property damage and/or personal injury of any kind, including death, to any and all persons, of any kind orcharacter, whetherreal orasserted, arising out oforinconnection with its useof the premises under this lease or with the leasing, maintenance, use, occupancy, existence or location of the premises, including all ADA requirements, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants or employees. Tenant covenants and agrees to, and does to the extent allowed by law, without waiving any defenses provided by law, hereby indemnify, hold harmless and defend landlord, its officers, agents, servants and employees, from and against any and all claims or lawsuits for either property damage or loss (including alleged damage or loss to lessee's business and any resulting lost profits) and/or personal injury, including death, to any and all persons, of any kind or character, whether real or asserted, arising out of or in connection with tenant's use of the premises under this lease or with the use, leasing, maintenance, occupancy, existence or location of the premises, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants or employees. Tenant assumes all responsibility and agrees to pay landlord for any and all injuries or damages to landlords property which arise out of or in connection with tenant's use of the premises under this lease or with the use, leasing, maintenance, occupancy, existence or location of the premises, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents servants, or employees.
Tenant assumes all responsibility and agrees to pay landlord for any and all injuries or damages to landlords property which arise out of or in connection with any and all acts or omissions of tenant, its officers, agents, employees, contractors, subcontractors, licensees, or invitees, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants, or employees.
Section 11. Termination.
11.1. Without Cause. Either Party may terminate this Lease by providing 90 days written notice to the other party via service as further discussed in Section 12 below.
11.2. For Cause. Upon any material breach of this Lease, the Lease will immediately be terminated.
11.3. Removal of Items Upon Termination. If Tenant does not remove the hangar and personal property from the Premises within 90 days of notice pursuant to 11.1 or breach pursuant to 11.2, those items will be considered abandoned and become the property of Landlord.
Section 12. Notices.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to have been delivered (i) when hand-delivered to the other party at such addresses listed below, or at such other addresses as the receiving party designates by proper notice to the sending party, or (ii) three (3) days after being deposited in the United States Mail, postage prepaid, addressed as follows:
To: TENANT: To: LANDLORD:
Levi Palmer DDS INC City of Corning, ATTN: City Manager 794 Third Street
Chico, CA 95928 Corning, California 96021
Section 13. Assignment and Subleasing.
Tenant shall not assign or sublease the Premises without written approval of Landlord. If written approval is provided by Landlord for such assignment or sublease, the terms and conditions of this Lease will remain in full force and effect on the successor.
Section 14. Encumbering the Premises.
Tenant shall not take any action which will result in a lien or other encumbrance on the Premises.
If such a lien or other encumbrance is recorded on the Premises, Tenant at its sole cost shall have the lien removed either though agreement, judicial action, or the purchasing of a bond.
Section 15. Taxes.
Tenant agrees to pay any and all federal, state, or local taxes or assessments which may lawfully be levied against Tenant due to Lessee's use or occupancy of the Premises or any improvements or property placed on the Premises by Tenant as a result of its occupancy.
Section 16. Licenses and Permits.
Tenant shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its use of the Premises.
Section 17. No Waiver.
The failure of Landlord to exercise the performance of any term or provision of this Lease or to exercise any right granted herein shall not constitute a waiver of Landlord's right to demand performance or to assert any right on a future occasion.
Section 18. Venue and Jurisdiction.
If any action arises in law or equity on the basis of any provision of this Lease, or of Tenant's use of the Premises, venue for such an action shall lie in Tehama County, State of California. This Lease shall be construed in accordance with the laws of the State of California.
Section 19. Attorney's Fees.
Should any action be filed based upon an alleged breach of this Lease, the prevailing party in such an action shall be entitled to attorney's fees and costs incurred in such litigation.
Section 20. Severability.
If any provision of this Lease shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Lease shall remain in full force and effect.
Section 21. Signature Authority.
The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto.
Section 22. Entirety of Agreement.
This written instrument, including any documents attached hereto or incorporated herein by reference, contains the entire understanding and agreement between Landlord and Tenant, its assigns, and successors in interest, as to the matters contained herein. contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict withany provisions of this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing by both parties and approved by the City Council of Landlord.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed the date and year first above written.
CITY OF CORNING, a Municipal Corporation
"LANDLORD" "TENANT"
BY BRANT MESKER Levi Palmer DDS INC
City Manager
Date Date
APPROVED AS TO FORM: ATTEST:
BY: COLLIN BOGENER BY RUBI ORDAZ
City Attorney City Clerk
Date Date
Agreement's Annual 4% Lease Increase Listing
Year As proposed with a 4% annual increase
2019 $ 366.28
2020 $ 380.93
2021 $396.17
2022 $ 412.02
2023 $ 428.50
2024 $445.64
2025 $ 463.46
$ 482.00
$ 501.28
2028 $ 521.33
$542.18
$ 563.87
$ 586.43
$ 609.88
2033 $ 634.28
2034 $ 659.65
2035 $ 686.04
2036 $ 713.48
2037 $ 742.02
2038 $ 771.70
CORNING AIRPORT LEASE AGREEMENT
This AIRPORT LEASE AGREEMENT ("Lease") entered into this May 28, 2025 ("Execution Date") by and between the City of Corning, a municipal corporation ("Landlord" or "City") and Levi Palmer DDS INC ("Tenant"), for Lease Site No. #10 as further defined below. Landlord and Tenant may collectively be referred to as "Parties."
RECITALS
A. Landlord is a municipal corporation duly organized and validly existing under the laws of the State of Calitornia with the power to carry on its business as it is now being conducted under the statutes of the State of California and its governing Municipal Code.
B. Landlord is the owner of the Corning Airport located in the City of Corning and is the owner of certain real property within the Corning Airport identified as Lease Site No. #10 hereinafter described as "Premises."
C. Landlord intends to maintain its leasing operation of space at the Corning Airport for viable hangar ground space for as long as the City maintains ownership of the Premises.
D. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, for valuable consideration, the parties agree as follows:
AGREEMENT
Section 1. Recitals
The above recitals are true and correct and are hereby incorporated as a term and condition of this Lease.
Section 2. Premises.
2.1. Location. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the portion of real property located at the Corning Municipal Airport and commonly referred to as Hangar Lease Site No. #10, located at the Corning Municipal Airport, 930 N. Marguerite Ave., Corning, California 96021 (the "Premises").
2.2. Condition of the Premises. Tenant accepts the Premises "AS IS," subject to all applicable Municipal, State, and Federal laws, ordinances, regulations, and policies governing and regulating the use of the Premises, and any covenants or restrictions of record. Tenant acknowledges that neither the Landlord nor Landlord's agents have made any representation or warranty as to the physical state of the Premises, or any present or future suitability of the Premises.
2.3. Scope of Lease. Tenant shall use the Premises as an airplane hangar, which includes the ability to store tools, fuel, and other items associated with aviation on the Premises. Commercial activity is not permitted.
2.4. Compliance with Laws, Ordinances and Regulations. Tenant covenants and agrees that it shall not engage in any unlawful use of the Premises. Tenant further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees, or invitees to engage in any unlawful use of the Premises and Tenant immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Premises by Tenant itself shall constitute an immediate breach of this Lease.
Tenant agrees to comply with all Federal, State, and local laws; all ordinances, rules and regulations, and minimum standards of Landlord; all rules and regulations and minimum standards established by the City; and all rules and regulations and minimum standards adopted by the City Council pertaining to the conduct required at the Premises.
Section 3. Term of Lease
3.1. Term. The initial term of this Lease shall commence on December 1, 2022 at 12:00 a.m. and expire at 11:59 p.m. on December 1, 2042, unless terminated earlier as provided herein.
3.2. Holdover. If Tenant holds over after the expiration of the initial term or any renewal term, this action will create a month-to-month tenancy. In this event, for and during the holdover period, Tenant agrees to pay all applicable rentals, fees, and charges at the rates agreed to by the Parties.
Section 4. Lease Payments.
Tenant shall pay annually an amount of $412.02 payable within thirty (30) days of this Lease anniversary date. The payment shall be made by sending the payment via first class mail to the Landlord as specified in the Section pertaining to notices below.
Section 5. Lease Payment Increases and Late Payments.
5.1. Increases. The City shall annually increase the Lease Payments, as set forth in Section 4 above, by no more than 4% per year. These increases may be made on the anniversary date of this Lease.
5.2. Late Payments. Lease payments shall be considered past due if Landlord has not received full payment after the 10" day of the month in which payment is due. Landlord shall assess a late penalty charge of ten (10) percent on the entire balance of any overdue Lease Payments.
Section 6. Construction and Improvements.
6.1. Discretionary Improvements. Tenant may, at its sole discretion, perform modifications, renovations, improvements, or other construction work on or to the Premises (collectively, "Improvements") so long as it first submits all plans, specifications, and estimates for the costs of the proposed work in writing and also requests and receives in writing approval from the Landlord. Landlord agrees to respond in writing to Tenant's requests for approval within thirty (30) calendar days of receipt of such requests. Any trade fixtures shall remain the property of Tenant and may be removed so long as Tenant repairs any damage caused thereby.
6.2. Requirements for Improvements. Any and all improvements made by Tenant to the Premises shall comply with all Federal, State, and local laws.
Section 7. Utilities.
Tenant, at Tenant's sole cost and expense, shall be responsible for the installation and use of all utility services to all portions of the Premises and for all other related utility expenses, including, but not limited to, deposits and expenses required for the installation of meters.
Tenant further covenants and agrees to pay all costs and expenses for any extension, maintenance, or repair of any and all utilities serving the Premises. In addition, Tenant agrees that all utilities, air conditioning and heating equipment and other electrically operated equipment which may be used on the Premises shall fully comply with Landlord's Municipal Codes, including but not limited to the Building Code and Fire Code ("Codes"), as they exist or may hereafter be amended.
Section 8. Maintenance and Repairs.
8.1. Maintenance and Repairs by Tenant. Tenant agrees to keep and maintain the Premises in a good, clean, and sanitary condition at all times, reasonable wear and tear excepted.
Tenant covenants and agrees that it will not make or suffer any waste of the Premises.
Tenant, at Tenant's sole cost and expense, will make all repairs or replacements necessary to prevent the deterioration in condition or value of the Premises, including, but not limited to, the maintenance of and repairs to all hangars and other structures, doors, windows and roofs, and all fixtures, equipment, hangar modifications and surrounding pavement on the Premises.
Tenant shall be responsible for all damages caused by Tenant, its agents, servants, employees, contractors, subcontractors, licensees or invitees, and Tenant agrees to fully repair or otherwise cure all such damages at Tenant's sole cost and expense.
Tenant agrees that all improvements, trade fixtures, furnishings, equipment and other personal property of every kind or description which may at any time be on the Premises shall be at Tenant's sole risk or at the sole risk of those claiming under Tenant. Landlord shall not be liable for any damage to such property or loss suffered by Tenant's business or business operations which may be caused by the bursting, overflowing, or leaking of sewer or steam pipes, from water from any source whatsoever, or from any heating fixtures, plumbing fixtures, electric wires, noise, gas, or odors, or from causes of any other matter.
8.2. Compliance with ADA. Tenant, at its sole cost and expense, agrees to keep and maintain the Premises in full compliance at all times with the Americans with Disabilities Act of 1990, as amended ("ADA."). In addition, Tenant agrees that all improvements it makes to the Premises shall comply with the ADA requirements.
8.3. Inspections. Landlord shall have the right and privilege, through its officers, agents, servants, or employees, to inspect the Premises. Except in the event of an emergency, Landlord shall conduct such inspections during Tenant's ordinary business hours and shall use its best efforts to provide Tenant at least forty-eight (48) hours' notice prior to any inspection.
Section 9. Insurance.
9.1. Coverage. Tenant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City as an additional insured, and covering all public risks related to the leasing, use, occupying, maintenance, existence or location of the Premises. The insurance coverage for the Premises shall be no less than $2 million ($2,000,000) dollars (per occurrence) General Liability, and $4 million ($4,000,000) General Aggregate.
9.2. Certificates. As a condition precedent to the effectiveness of this Lease, Tenant shall furnish Landlord with appropriate Certificates of Insurance signed by the respective insurance companies as proof that it has obtained the types, and amount of insurance coverage required herein. Tenant hereby covenants and agrees, that prior to the expiration or any insurance policy required hereunder, it shall provide Landlord with a new or renewal Certificate of Insurance.
Section 10. Indemnification.
Tenant hereby assumes all liability and responsibility for property loss, property damage and/or personal injury of any kind, including death, to any and all persons, of any kind orcharacter, whetherreal orasserted, arising out oforin connection with its use of the premises under this lease or with the leasing, maintenance, use, occupancy, existence or location of the premises, including all ADA requirements, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants or employees. Tenant covenants and agrees to, and does to the extent allowed by law, without waiving any defenses provided by law, hereby indemnify, hold harmless and defend landlord, its officers, agents, servants and employees, from and against any and all claims or lawsuits for either property damage or loss (including alleged damage or loss to lessee's business and any resulting lost profits) and/or personal injury, including death, to any and all persons, of any kind or character, whether real or asserted, arising out of or in connection with tenant's use of the premises under this lease or with the use, leasing, maintenance, occupancy, existence or location of the premises, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants or employees. Tenant assumes all responsibility and agrees to pay landlord for any and all injuries or damages to landlords property which arise out of or in connection with tenant's use of the premises under this lease or with the use, leasing, maintenance, occupancy, existence or location of the premises, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents servants, or employees.
Tenant assumes all responsibility and agrees to pay landlord for any and all injuries or damages to landlords property which arise out of or in connection with any and all acts or omissions of tenant, its officers, agents, employees, contractors, subcontractors, licensees, or invitees, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants, or employees.
Section 11. Termination.
11.1. Without Cause. Either Party may terminate this Lease by providing 90 days written notice to the other party via service as further discussed in Section 12 below.
11.2. For Cause. Upon any material breach of this Lease, the Lease will immediately be terminated
11.3. Removal of Items Upon Termination. If Tenant does not remove the hangar and personal property from the Premises within 90 days of notice pursuant to 11.1 or breach pursuant to 11.2, those items will be considered abandoned and become the property of Landlord.
Section 12. Notices.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to have been delivered (i) when hand-delivered to the other party at such addresses listed below, or at such other addresses as the receiving party designates by proper notice to the sending party, or (ii) three (3) days after being deposited in the United States Mail, postage prepaid, addressed as follows:
To: TENANT: To: LANDLORD:
Levi Palmer DDS INC City of Corning, ATTN: City Manager 794 Third Street
Chico, CÀ 95928 Corning, California 96021
Section 13. Assignment and Subleasing.
Tenant shall not assign or sublease the Premises without written approval of Landlord. If written approval is provided by Landlord for such assignment or sublease, the terms and conditions of this Lease will remain in full force and effect on the successor.
Section 14. Encumbering the Premises.
Tenant shall not take any action which will result in a lien or other encumbrance on the Premises.
If such a lien or other encumbrance is recorded on the Premises, Tenant at its sole cost shall have the lien removed either though agreement, judicial action, or the purchasing of a bond.
Section 15. Taxes.
Tenant agrees to pay any and all federal, state, or local taxes or assessments which may lawfully be levied against Tenant due to Lessee's use or occupancy of the Premises or any improvements or property placed on the Premises by Tenant as a result of its occupancy.
Section 16. Licenses and Permits.
Tenant shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its use of the Premises.
Section 17. No Waiver.
The failure of Landlord to exercise the performance of any term or provision of this Lease or to exercise any right granted herein shall not constitute a waiver of Landlord's right to demand performance or to assert any right on a future occasion.
Section 18. Venue and Jurisdiction.
If any action arises in law or equity on the basis of any provision of this Lease, or of Tenant's use of the Premises, venue for such an action shall lie in Tehama County, State of California. This Lease shall be construed in accordance with the laws of the State of California.
Section 19. Attorney's Fees.
Should any action be filed based upon an alleged breach of this Lease, the prevailing party in such an action shall be entitled to attorney's fees and costs incurred in such litigation.
Section 20. Severability.
If any provision of this Lease shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Lease shall remain in full force and effect.
Section 21. Signature Authority.
The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto.
Section 22. Entirety of Agreement.
This written instrument, including any documents attached hereto or incorporated herein by reference, contains the entire understanding and agreement between Landlord and Tenant, its assigns, and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict withany provisions of this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing by both parties and approved by the City Council of IN WITNESS WHEREOF, the parties have caused this Lease to be executed the date and year first above written.
CITY OF CORNING, a Municipal Corporation
"LANDLORD" "TENANT"
By:.
BRANT MESKER Levi Palmer DDS INC
City Manager
Date Date
APPROVED AS TO FORM: ATTEST:
BY: COLLIN BOGENER BY RUBI ORDAZ
City Attorney City Clerk
Date Date
Agreement's Annual 4% Lease Increase Listing
Airport Hangar Land Lease (20 yr.)
Annual Payments
As proposed with a 4% annual
Year increase
2022 $412.02
2023 $428.50
2024 $445.64
2025 $463.47
2026 $482.01
2027 $501.29
2028 $521.34
2029 $542.19
2030 $563.88
2031 $586.43
2032 $609.89
2033 $634.29
2034 $659.66
2035 $686.04
2036 $713.49
2037 $742.02
2038 $771.71
2039 $802.57
2040 $834.68
2041 $868.06