CITY OF CORNING
CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, FEBRUARY 10, 2026
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 subject(s) scheduled for tonight’s closed session. Is there anyone wanting to comment on the subject(s) 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 Bargaining Units: Public Safety, Dispatcher, and Miscellaneous
2. Conference with Real Property Negotiations (54956.8) Property: APN 067-260-082-000
Agency Negotiator: City Manager Brant Mesker
Under Negotiation: Lease
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, FEBRUARY 10, 2026
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:
1. Proclamation: February 2026 – Teen Dating Awareness and Prevention Month.
Present to accept the Proclamation will be Empower Tehama’s Bilingual Legal Advocate, Susana Reyes.
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 27, 2026, Closed Session and Regular City Council Meeting with any necessary corrections.
3. January 22 to February 4, 2026, Claim Warrant in the amount of $ 1,282,769.46.
4. February 4, 2026, Business License Report
5. January 2026 Treasurer’s Report
6. January 2026 Wages & Salaries: $ 482,819.08
7. January 2026 Building Permit Valuation Report in the amount of $ 554,010.
8. January 2026 City of Corning Wastewater Operations Summary Report.
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS: None
J. REGULAR AGENDA:
1. Request for Council ‘s reconsideration of the temporary closure of West Street and approval of MOU with CUESD.
2. Approve the three-year Grazing Lease Agreement with Norman Oilar for the Corning Airport Properties.
3. Approve agreement for AMG & Associates, Salado Orchards Phase II request to defer impact fees.
4. Public workshop on proposed amendment to the Corning Municipal Code.
5. Ratify Memorandum of Understanding between the City and the City of Corning Miscellaneous Bargaining Unit.
6. Ratify Memorandum of Understanding between the City and the City of Corning Dispatcher’s Bargaining Unit.
7. Ratify Memorandum of Understanding between the City and the City of Corning Public Safety Bargaining Unit.
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, February 6, 2026
CITY OF CORNING
CITY COUNCIL
CLOSED SESSION MINUTES
TUESDAY, JANUARY 27, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 5:00 pm.
B. ROLL CALL:
Councilmembers present:
Dave Demo
Shelly Hargens
Jose “Chuy” Valerio
Mayor- Robert Snow
Absent: Lisa Lomeli
Staff present: City Manager-Brant Mesker
City Attorney- Collin Bogener
C. PUBLIC COMMENTS:
D. REGULAR AGENDA:
1. Conference with labor negotiator pursuant to section 54957.6:
Agency Negotiator: Sophia R. Meyer, Labor Relations Consultant Bargaining Units: Public Safety, Dispatcher, and Miscellaneous
2. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to § 54956.9(b): (One case) E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
The closed session was adjourned at 5:21pm. Mayor Snow reported there were no reportable action and gave directions to staff.
Item: G-2
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, JANUARY 27, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 5:30pm.
Mayor Snow called for a moment of silence for the victims of the tragic TRAX bus accident.
B. ROLL CALL:
Councilmembers present:
Dave Demo
Shelly Hargens
Jose “Chuy” Valerio
Mayor- Robert Snow
Absent: Lisa Lomeli
Staff present: City Manager-Brant Mesker
City Attorney- Collin Bogener
City Clerk Rubi Ordaz
Building OfficialBenjamin Mierzwak
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: None F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Opened public comment at 5:31pm and closed it at 5:31pm with no comments.
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 13, 2026, Closed Session and Regular City Council Meeting with any necessary corrections.
3. Claim Warrant from 1/10 to 1/21/2026 in the amount of $ 199,877.75.
4. January 22, 2026, Business License Report
Councilor Valerio moved to approve consent items 1-4; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
H. ITEMS REMOVED FROM THE CONSENT AGENDA: None
Item: G-2
I. PUBLIC HEARINGS AND MEETINGS: None
J. REGULAR AGENDA:
1. Approve renewal of a 5-year agreement with the Corning Junior Rodeo Association.
Presented by City Manager, Brant. The Corning Junior Rodeo Association leases and maintains the Rodeo Grounds at Clark Park. Their current five-year lease expires March 31, 2026, and they have submitted a timely request to renew the agreement for another five years through March 31, 2031. The Association carries required liability insurance, naming the City as an additional insured for all events held at the facility.
Councilor Demo moved to approve the renewal of a 5-year lease agreement between the City of Corning and the Corning Junior Rodeo Association; Councilor Snow seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
2. Accept Notice of Completion and authorize release of retention funds in the amount of $21,704.70 to Lamb Unlimited, Inc. for the Toomes Ave. Waterline Infill Project.
Presented by City Manager, Brant. The Toomes Ave Waterline Infill Project has been completed, inspected, and approved. Staff recommends City Council accept the Notice of Completion, authorize its recording with the County, and release $21,704.70 in retention funds to Lamb Unlimited, Inc. after 30 days. The project was awarded in August 2025 for $434,094 with no change orders. Funding comes from a $2 million State Drought Relief grant, with allocations for design, waterline infill, and the well project.
Councilor Demo moved to ACCEPT AND DIRECT THE PUBLIC WORKS DIRECTOR TO SIGN
THE NOTICE OF COMPLETION AND AUTHORIZE CITY CLERK TO FILE NOTICE WITH THE TEHAMA COUNTY FOR RECORDING; AND AUTHORIZE THE RELEASE OF RETENTION FUNDS TO LAMB UNLIMITED, INC. IN THE AMOUNT OF $21,704.70; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
3. Consider approval of a five-year 10 year agreement with USA Waste of California, Inc. for franchise waste hauling services.
Presented by City Manager, Brant. City staff negotiated a new solid waste services agreement with USA Waste of California, Inc. dba Corning Disposal (Waste Management), effective March 1, 2026 through December 31, 2035, with optional five-year extensions. Rates are contractbased and tied to CPI, with Proposition 218 noticing and a public hearing scheduled for March 24, 2026, and new rates effective April 1, 2026. He also clarified that the title of the agenda item was misworded, this will be a ten-year agreement not five-years. Key terms include a 6% franchise fee, continued WM billing, 64-gallon base residential service, bulky item services, expanded street sweeping, illegal dumping cleanup support, public education funding, required reporting, and insurance coverage. Agreement updates reflect new and implemented state legislation. He also added that in section 14.6 the number 3% was omitted by accident. As City Manager he will be signing the agreement if approved.
Item: G-2
Councilor Hargens moved to approve the proposed Solid Waste Franchise Agreement with USA Waste of California, INC. for franchise waste hauling services; and authorize staff to promptly begin the Proposition 218 public noticing process; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
4. Consider approval of amendment to the agreement with New Cingular Wireless PCS, LLC lease space.
Presented by City Manager, Brant. City staff negotiated a second addendum to the agreement with Cingular Wireless PCS, LLC to extend its lease with the City of Corning. The addendum increases rent to $2,450 per month starting September 1, 2026 (from $2,200), guarantees rent through August 31, 2031, and allows six additional five-year extensions, with a final potential expiration of August 31, 2056. Rent will increase by 10% at the start of each extension term. The original agreement allows use of City facilities for communications equipment on a 620-squarefoot site, with flexibility for equipment upgrades and modifications.
Councilor Demo moved to approve the second amendment to the agreement with New Cingular Wireless PCS, LLC, as presented; and authorize the City Manager to sign the agreement; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
5. Review and adopt Resolution 01-27-2026-01 A Resolution amending the City’s Conflict of Interest Code.
Presented by City Manager, Brant. Staff recommends adopting a resolution to amend the City of Corning Conflict of Interest Code to add the Assistant Finance Director as a designated employee, ensuring compliance with state disclosure laws. This update reflects current staffing duties involving financial oversight and contracting responsibilities.
Councilor Hargens moved to adopt Resolution 01-27-2026-01 amending the City’s Conflict of Interest Code to add the position of Assistant Finance Director as a designated employee; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
6. Ratify Memorandum of Understanding between the City and the City of Corning Management Bargaining Unit.
Presented by City Manager, Brant. The City of Corning reached agreement with the Management Bargaining Unit on a new 18-month MOU (January 1, 2026–June 30, 2027). Key terms include a 2.5% salary increase, 3% bilingual pay for one employee, 125 hours of annual administrative leave, addition of Juneteenth as a paid holiday, increased health insurance contributions, and expanded bereavement leave. The agreement also includes standard language updates and compliance-related revisions.
Councilor Snow moved to ratify the Memorandum of Understanding between the City of Corning and the City of Corning Management Bargaining Unit for the period of January 1, 2026, through June 30, 2027; Councilor Hargens seconded the motion.
Item: G-2
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
7. Approve Task Order No. 11 under Engineering Contract 2018-07 for the sanitary sewer force main repair and creek debris mitigation in the amount of $86,195.00 to NorthStar Engineering.
Presented by City Manager, Brant Mesker. Staff recommends Council approve Task Order No. 11 with NorthStar Engineering to provide engineering, surveying, environmental review oversight, design, bidding assistance, construction support, and record drawings for the Burch Creek Sanitary Sewer Force Main Repair and Creek Debris Mitigation project. The work is funded by a FEMA grant received in 2023, with no General Fund impact. The project will address flood-related damage and debris impacts near the Hwy 99W bridge and restore creek and infrastructure function.
Councilor Demo moved to Approve Task Order “11” to Northstar Engineering in the amount of $86,195.00 for professional services for engineering/survey services under Engineering Services Contract 2018-07; and, Authorize the City Manager to sign the Task Order; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, 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: None
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION: None M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Demo: Attended a TCTC/TRAX meeting. There was information provided on upcoming projects as well as a possible agreement with RABA to have a route go to Sacramento Airport. Also, the purchase of electric buses will be postponed due to infrastructure demand for charging buses and its availability in their area.
Lomeli: Absent
Valerio: He thanked Christina Trujillo from the Chamber of Commerce for doing a good job with the Annual Awards Dinner. He also thanked Jerry Crow for covering Corning events in the newspaper.
Hargens: Attended a training in Sacramento for Mayors and Council members.
Snow: Attended the Chamber of Commerce annual dinner, and thought it was a great event. Attended a 2x2x2 meeting. This meeting provides the school districts in Corning and the City to collaborate on upcoming projects. The Elementary School District is content with adding an SRO to their campus this school year.
N. ADJOURNMENT: The meeting was adjourned at 5:58pm by Mayor Snow.
Attest:
______________
Rubi Ordaz, City Clerk
Item: G-2
Item No. : G-3
M E M O R A N D U M
TO: HONORABLE MAYOR & COUNCIL
FROM: Lori Sims
Accounting Technician
DATE: February 6, 2026
SUBJECT: CASH DISBURSEMENT DETAIL REPORT FOR COUNCIL MEETING:
Tuesday, February 10, 2026
PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THE FOLLOWING:
A. Cash Disbursements Ending 02-04-2026 $1,282,769.46
GRAND TOTAL $1,282,769.46
2/4/2026 2:12:43 PM Page 1 of 3
Check Report
City of Corning, CA By Check Number
Date Range: 01/22/2026 - 02/04/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: AP-AP Bank Code
AME06 AMERICAN RIVER COLLEGE 01/23/2026 Regular 0.00 97.00 40396 CUR00 CURIEL, EDUARDO 01/23/2026 Regular 0.00 475.00 40397 POR04 PORTILLO, MATTHEW 01/23/2026 Regular 0.00 349.85 40398 TEH13 TEHAMA CO AUDITOR 01/23/2026 Regular 0.00 99.00 40399 ATT13 AT&T 01/26/2026 Regular 0.00 723.19 40400
COM01 COMPUTER LOGISTICS, INC 01/26/2026 Regular 0.00 4,030.06 40401 COR11 CORNING SAFE & LOCK 01/26/2026 Regular 0.00 15.35 40402 DEP12 DEPT OF JUSTICE 01/26/2026 Regular 0.00 140.00 40403 DEP03 DEPT OF TRANS/CAL TRANS 01/26/2026 Regular 0.00 536.02 40404 HOL04 HOLIDAY MARKET #32 01/26/2026 Regular 0.00 21.69 40405 CHE00 JAMIE CHESNEY MOORE 01/26/2026 Regular 0.00 45.00 40406 LAM05 LAMB UNLIMITED GENERAL ENGINEERING 01/26/2026 Regular 0.00 412,389.30 40407 LEA01 LEAGUE OF CALIFORNIA CITIES 01/26/2026 Regular 0.00 5,925.00 40408 MOO07 MOORE & BOGENER, INC. 01/26/2026 Regular 0.00 6,100.00 40409 NOR15 NORTHERN CALIFORNIA GLOVE 01/26/2026 Regular 0.00 655.30 40410 PAC29 PACE ANALYTICAL SERVICES, LLC 01/26/2026 Regular 0.00 654.00 40411 PGE04 PG&E 01/26/2026 Regular 0.00 57.70 40412
PGE01 PG&E 01/26/2026 Regular 0.00 13,943.25 40413
PGE2B PG&E 01/26/2026 Regular 0.00 201.15 40414
PGE05 PG&E 01/26/2026 Regular 0.00 2,630.78 40415
SUB01 SUBURBAN PROPANE 01/26/2026 Regular 0.00 75.00 40416 SUN13 SUN RIDGE SYSTEMS, INC 01/26/2026 Regular 0.00 20,015.00 40417 TEH38 TEHAMA COUNTY ANIMAL SERVICES 01/26/2026 Regular 0.00 13,162.74 40418 TYL00 TYLER TECHNOLOGIES, INC. 01/26/2026 Regular 0.00 29,750.00 40419 WEL00 WELL INDUSTRIES INC. 01/26/2026 Regular 0.00 640,006.00 40420 WEL06 WELLS FARGO VENDOR FINANCIAL SVCS, LLC 01/26/2026 Regular 0.00 1,782.10 40421 EMP01 EMPIRE INSIGNIAS 01/26/2026 Regular 0.00 1,835.00 40422 SCP00 SCP DISTRIBUTORS LLC 01/26/2026 Regular 0.00 4,052.61 40423 USA01 USA BLUE BOOK 01/27/2026 Regular 0.00 4,613.25 40424 ADP00 ADP, INC. 01/27/2026 Regular 0.00 517.60 40425
BIC01 BICKLEY'S AIR CONDITIONING & HEATING 01/27/2026 Regular 0.00 3,274.60 40426 COR07 CORBIN WILLITS SYSTEMS, INC. 01/27/2026 Regular 0.00 876.55 40427 GAY02 GAYNOR TELESYSTEMS, INC 01/27/2026 Regular 0.00 1,350.00 40428 NAP01 NAPA AUTO PARTS 01/27/2026 Regular 0.00 1,126.14 40429 PAT02 PATTERSON ELECTRIC, INC. 01/27/2026 Regular 0.00 4,710.88 40430 PGE01 PG&E 01/27/2026 Regular 0.00 926.43 40431
TAN00 T AND S DVBE, INC. 01/27/2026 Regular 0.00 400.83 40432 COR2A TERESA LAMB 01/27/2026 Regular 0.00 85.00 40433
GRA02 GRAINGER, W.W., INC 01/27/2026 Regular 0.00 125.13 40434 KNI00 KNIFE RIVER CONSTRUCTION 01/27/2026 Regular 0.00 1,014.58 40435 N&S00 N&S TRACTOR 01/27/2026 Regular 0.00 1,472.38 40436 COR08 CORNING LUMBER CO INC 01/29/2026 Regular 0.00 70.07 40437 HUN03 HUNTERS SERVICES INC. 01/29/2026 Regular 0.00 1,604.08 40438 INF00 INFRAMARK, LLC 01/29/2026 Regular 0.00 82,089.67 40439 PGE2A PG&E 01/29/2026 Regular 0.00 70.36 40440
VES00 VESTIS GROUP, INC. 01/29/2026 Regular 0.00 414.08 40441 AME06 AMERICAN RIVER COLLEGE 01/29/2026 Regular 0.00 131.00 40442 ELL04 ELLENA, ROYCE ANDREW 01/29/2026 Regular 0.00 647.00 40443 ATT15 AT&T MOBILITY 01/30/2026 Regular 0.00 56.32 40444 CIV00 CIVICPLUS, LLC 01/30/2026 Regular 0.00 400.00 40445 PAC29 PACE ANALYTICAL SERVICES, LLC 01/30/2026 Regular 0.00 256.00 40446 PGE2A PG&E 01/30/2026 Regular 0.00 387.81 40447
QUI02 QUILL CORPORATION 01/30/2026 Regular 0.00 42.03 40448 COR11 CORNING SAFE & LOCK 02/02/2026 Regular 0.00 42.02 40449 Item: G-3
Check Report Date Range: 01/22/2026 - 02/04/2026
2/4/2026 2:12:43 PM Page 2 of 3
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number DM001 DM-TECH 02/02/2026 Regular 0.00 119.90 40450
HAR00 HARGENS, MICHELE MARIE 02/02/2026 Regular 0.00 300.11 40451 MEY00 MEYER'S POLICE K-9 TRAINING, LLC 02/02/2026 Regular 0.00 400.00 40452 PGE04 PG&E 02/02/2026 Regular 0.00 1,478.55 40453
SQU00 SQUIER III, LESTER LUVERNE 02/02/2026 Regular 0.00 301.00 40454 VAL07 VALLEY VETERINARY CLINIC, INC. 02/02/2026 Regular 0.00 1,592.20 40455 COR09 CORNING CHAMBER OF COMMERCE 02/03/2026 Regular 0.00 1,000.00 40456 COR11 CORNING SAFE & LOCK 02/03/2026 Regular 0.00 18.32 40457 IWO01 IWORQ SYSTEMS 02/03/2026 Regular 0.00 6,000.00 40458 SMI02 JARED THOMAS SMITH 02/03/2026 Regular 0.00 54.70 40459 LNC01 LN CURTIS & SONS 02/03/2026 Regular 0.00 262.69 40460 NOR15 NORTHERN CALIFORNIA GLOVE 02/03/2026 Regular 0.00 224.76 40461 SCH16 SCHLERETH, DAYMON WAYNE 02/03/2026 Regular 0.00 104.70 40462 VAL11 VALLEY PACIFIC PETROLEUM SERVICE, INC. 02/03/2026 Regular 0.00 3,268.46 40463 AME06 AMERICAN RIVER COLLEGE 02/04/2026 Regular 0.00 10.00 40464 AQU00 AQUA-METRIC SALES COMPANY 02/04/2026 Regular 0.00 985.17 40465 TRA09 TRANSUNION RISK & ALTERNATIVE - DATA SOLUTIONS, INC. 02/04/2026 Regular 0.00 178.00 40466 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code AP Summary
Bank Drafts
EFT's
71 0
0 0
0 0.00
0.00 0.00
0.00 0.00
71 0.00
Payment
1,282,769.46
0.00 0.00
0.00 0.00
1,282,769.46
Payable
Count
88 0
0 0
0 88
Item: G-3
Check Report Date Range: 01/22/2026 - 02/04/2026
2/4/2026 2:12:43 PM Page 3 of 3
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
71 0
0 0
0 0.00
0.00 0.00
0.00 0.00
71 0.00
1,282,769.46
0.00 0.00
0.00 0.00
1,282,769.46
88 0
0 0
0 88
Fund Name Period Amount
Fund Summary
000 Pooled Cash 1/2026 1,266,428.88
000 Pooled Cash 2/2026 16,340.58
1,282,769.46
Item: G-3
Date..: Feb 4, 2026 CITY OF CORNING Page.: 1
Time..: 12:02 pm NEW BUSINESSES FOR CITY COUNCIL List.: NEWB Run by: LORI SIMS Group: WTFMBM
Business Name Address CITY/STATE/ZIP Business Desc Bus Start Date ----------------------------------------------------------------------------------------------------------------------------------------- GINNO CONSTRUCTION, 855 MARAUDER ST. STE. 100 CHICO, CA 95973 GENREAL CONTRACTING 01/26/26 Item: G-4
CITY OF CORNING
TREASURER’S REPORT
JANUARY 2026
AGENCY BALANCE RATE
Local Agency Investment Fund $ 17,145,663.00 4.20%
Respectfully submitted:
Laura L. Calkins
City Treasurer
Item: G-5
Item No. : G-6
MEMORANDUM
TO: Honorable Mayor and Council members
FROM: Khrystie Shoemaker
Assistant Finance Director
DATE: February 2, 2026
SUBJECT: January 2026 wages & salaries total for the
Tuesday February 10, 2026, Council Meeting
Disbursements for your approval consist of the following:
A. Payroll Date 01-08-2026 $ 216,342.25
B. Payroll Date 01-22-2026 $ 196,241.43
C. January end of the month p/r liabilities $ 70,235.40
GRAND TOTAL $ 482,819.08
Permit # Permit Date Parcel
Address
Permit Type Project Cost
26024 1/29/2026 1527 WEST ST Plumbing $18,366
26023 1/29/2026 2120 SOUTH
AVE
Electrical $82,000
26022 1/29/2026 1608 SOLANO
ST
$0
26021 1/26/2026 1585 FIG ST Tenant
Improvement
$1,600
26020 1/23/2026 1403 FIG LN Plumbing $501
26019 1/22/2026 1471 LINK ST Roof $8,500
26018 1/20/2026 631 2ND ST Building $26,480
26017 1/20/2026 588 STANMAR
DR
Solar $67,000
26016 1/20/2026 286 N ALEX LN Plumbing $16,920
26015 1/20/2026 471
MARGUERITE
AVE
Electrical $1,500
26014 1/20/2026 1330 1ST ST Electrical $24,927
26013 1/19/2026 819 MARIN ST Building $10,519
26012 1/16/2026 5535 JANINE
WAY
Roof $25,039
26011 1/14/2026 1610 ALGER
AVE
ReModel $2,500
26010 1/13/2026 2111
DONNOVAN
AVE
Electrical $1,900
26009 1/13/2026 2111
DONNOVAN
AVE
Electrical $1,900
26008 1/8/2026 1436 COLUSA
ST
Roof $10,000
26007 1/7/2026 1335 FIFTH
AVE
Building $10,000
26006 1/5/2026 702 SECOND
ST
Building $150,000
26005 1/5/2026 640 Spruce
Ave.-Lot 5
Building $7,500
26004 1/5/2026 1610 SOLANO
ST
Roof $48,908
Finaled
ISSUED
Waiting for
Information/Pl
ISSUED
ISSUED
Waiting for
Information/Pl
Cancelled
ISSUED
ISSUED
Duplicate
Permit -
Cancelled
Finaled
ISSUED
ISSUED
ISSUED
ISSUED
ISSUED
ISSUED
Finaled
ISSUED
Monthly Permit Report
1/1/2026 - 1/31/2026
Main Status
ISSUED
Page: 1 of 2
Item: G-7
26003 1/5/2026 393 EDITH
AVE
Mechanical $16,465
26002 1/5/2026 1603 COLUSA
ST
Mechanical $12,069
26001 1/2/2026 263 RIO
VERDE CT
Roof $9,416
$554,010
2/6/2026
ISSUED
ISSUED
ISSUED
Total Records: 24
Page: 2 of 2
Item: G-7
ITEM NO: J-1
REQUEST FOR COUNCIL
RECONSIDERATION OF THE
TEMPORARY CLOSURE OF
WEST STREET AND
APPROVAL OF MOU WITH
CUESD
FEBRUARY 10, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
The Corning Union Elementary School District (CUESD) is requesting City Council reconsideration of a temporary closure of West Street to safely and efficiently support construction activities at West Street Elementary School. The proposed closure would be in effect from June 5, 2026, through August 14, 2026, between the hours of 6:00 a.m. and 5:00 p.m. This request is associated with the District’s Phase III Improvements project and includes frontage improvements along West Street between Marin Street and South Street.
City staff met with representatives from CUESD on December 17, 2025, to discuss project logistics, potential impacts, and options related to access and construction staging. Following that meeting, the District submitted revised materials for Council consideration, including an overview of the proposed improvements and an MOU that outlines project goals, cost allocations, and the benefits of City support.
BACKGROUND:
West Street Elementary School is undergoing Phase III Improvements as part of the District’s ongoing efforts to enhance campus safety, accessibility, and infrastructure. Due to the location and scope of the proposed work, construction activities will directly impact West Street, particularly along the school frontage between Marin Street and South Street.
At the November 25, 2025, City Council meeting, Council considered a prior request for a temporary closure of West Street from January 2026 through December 2026 and directed the City to not close the roadway for that duration, instead encouraging the District to explore use of its property for construction laydown and staging.
In response to Council direction, City staff met with CUESD on December 17, 2025. The District has since submitted a revised request that significantly reduces impacts by limiting the closure to the summer construction period and reopening West Street daily at 5:00 p.m., with overnight access maintained until 6:00 a.m. the following morning.
DISCUSSION:
The revised temporary closure request reflects Council’s prior direction and addresses concerns raised during the November 25, 2025, Council meeting. Unlike the previously proposed closure period of January 2026 through December 2026, the updated request substantially minimizes impacts by limiting the closure to June 5, 2026, through August 14, 2026, during daytime construction hours only.
RECOMMENDATION:
MAYOR AND COUNCIL:
• RECONSIDER AND APPROVE THE TEMPORARY DAYTIME CLOSURE OF WEST
STREET TO SUPPORT CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WEST STREET ELEMENTARY SCHOOL PHASE III IMPROVEMENTS.
• APPROVE THE ATTACHED MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND THE CORNING UNION ELEMENTARY SCHOOL DISTRICT
OUTLINING THE SCOPE OF IMPROVEMENTS, ASSOCIATED GOALS, COST RESPONSIBILITIES, AND THE CITY’S SUPPORT.
ITEM NO: J-2
APPROVE THE THREE-YEAR
GRAZING LEASE AGREEMENT
WITH NORMAN OILAR FOR THE
CORNING AIRPORT PROPERTIES
FEBRUARY 10, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
The City of Corning owns approximately 152 acres of property at the Corning Airport, historically leased for livestock grazing. Norman Oilar is the current lessee under the agreement, which expired on December 31, 2025. Grazing on the property provides multiple benefits, including maintenance of grass and vegetation to reduce fire risk, generation of revenue for the City, and responsible stewardship of airport property while maintaining open space. Mr. Oilar has maintained the property in good condition and has complied with all terms of the previous agreement.
BACKGROUND:
Staff has negotiated a renewal of the grazing lease with Mr. Oilar for an additional threeyear term. Key provisions of the proposed lease include:
• Term: Three years, commencing upon execution.
• Premises: Approximately 152 acres at the Corning Airport, with a minor reduction of 10 acres in APN 067-260-082 due to a pending construction project. • Use: Livestock grazing only.
• Annual Rent: $2,500, payable annually. This represents an increase from the previous yearly lease amount of $1,338.
• Responsibilities: Tenant maintains the Premises, complies with all applicable laws, and maintains insurance coverage, including general liability of at least $2 million. • Termination: Either party may terminate for cause, or the City may terminate without cause with 60 days’ notice.
Renewing the lease ensures continuity of property management, increased revenue for the City, and continued maintenance of the Premises in a safe and responsible manner.
FINANCIAL IMPACT:
The three-year renewal will generate $2,500 per year, an increase from the previous $1,338 annual lease, for a total of $7,500 over the three-year term. In accordance with FAA requirements, all revenue generated from this lease will be returned to the airport for its operations, maintenance, or improvements. Costs associated with oversight of the lease are minimal and included in existing departmental budgets.
RECOMMENDATION:
MAYOR AND CITY COUNCIL:
• AUTHORIZE THE CITY MANAGER TO EXECUTE A THREE-YEAR RENEWAL
GRAZING LEASE AGREEMENT WITH NORMAN OILAR FOR THE CORNING AIRPORT PROPERTIES LISTED ABOVE, AT THE ANNUAL RENT OF $2,500.
LEASE AGREEMENT
This LEASE AGREEMENT (“Lease”) entered into this 10th Day of February, 2026 (“Execution Date”) by and between the City of Corning, a municipal corporation (“Landlord” or “City”) and Norman Oilar (“Tenant”), for the properties identified as APNs 075-020-023, 075-020- 004, 067-260-077, 067-260-019, 067-260-079, 067-260-080, 067-260-082, and 067-260- 081 (collectively, the “Premises”). 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 pursuant to California law and the Corning Municipal Code.
B. Landlord is the owner of the Premises.
C. Tenant seeks to lease the Premises to graze his livestock.
D. Landlord desires to lease the Premises to Tenant and Tenant desires to lease the Premises from Landlord as set forth below.
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 real properties identified as APNs 075-020-023, 075-020-004, 067-260-077, 067-260- 019, 067-260-079, 067-260-080, 067-260-082, and 067-260-081, which is an approximately 152-acre vacant property that may be used for grazing purposes.
2.2 Tenant acknowledges that the Premises are subject to an approximate ten (10) acre reduction in area due to a pending construction project located within APN 067-260-082.
Such reduction shall occur upon commencement of construction activities, and Tenant agrees that no rent adjustment or other compensation shall be due as a result of such reduction.
2.3. 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.
2.4. Scope of Lease. Tenant shall use the Premises to graze livestock.
2.5. Compliance with Laws, Ordinances and Regulations. Tenant covenants and agrees that he shall not engage in any unlawful use of the Premises. Tenant further agrees that he shall not permit his 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 terms of this lease shall be for a period of three (3) years from the Execution Date.
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, subject to the provisions of this Lease. 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.
4.1. Tenant shall pay yearly amount of $2,500.00 due and payable on the first day of the month. The first payment under this Lease shall be due on April 1, 2026. The payment shall be made by hand delivery to City Finance Department or by sending the payment via first class mail to the Landlord as specified in the Section pertaining to notices below.
Section 5. Payments.
5.1. Late Payments. Lease payments shall be considered past due if Landlord has not received full payment after the 10th 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. Utilities.
The Landlord has provided untreated water to the Premises solely for use by livestock.
Such water is not intended for human consumption, and Landlord makes no representations or warranties regarding the quality, quantity, or continuity of such water service. All other utilities serving the Premises shall be installed, used, maintained, and paid for by Tenant at Tenant’s sole cost and expense, including, without limitation, all deposits and any costs for extension, maintenance, or repair of utility services to the Premises.
Section 7. 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.
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. This right to inspect shall not constitute a waiver of any provision of this Lease.
Section 8. Insurance.
9.1. General Liability Coverage. Tenant shall procure and maintain, at all times, in full force and effect, policies of insurance as specified herein, naming the Landlord 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 ($2,000,000.00) dollars.
9.2 Tenant shall also maintain the following insurance coverage during the term of the Lease, including any holdover period: (a) worker’s compensation per the statutory limits; (b) automobile insurance; and (c) any other insurance applicable to the operation of Tenant’s business.
9.3. 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 an 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 9. 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 OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
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 SOLE 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 WA1VING 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 KINDOR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION. THIS PROVISION SHALL
ALSO EXTEND TO THE FULLEST EXTENT PROVIDED BY LAW TO ANY LAWSUITS FILED PURSUANT TO THE AMERICAN DISABILITIES ACT AND TENANT’S FAILURE TO COMPLY WITH THAT PROVISION OF THIS LEASE.
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 10. Termination.
11.1. Without Cause. Landlord may terminate this Lease without cause by providing sixty (60) days written notice to the other party via service as further discussed in Section 12 below.
11.2. For Cause. Either party may immediately terminate for any material breach of this Lease by providing written notice of the breach, if the breach is not cured within ten (10) days of the notice.
Section 11. 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:
Norman Oilar
[NEED ADDRESS]
To LANDLORD:
City of Corning ATTN: City Manager
794 Third St
Corning, California 96021
Section 12. 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 13. Encumbering the Premises.
Tenant shall not take any action which will result in a lien or other encumbrance on the Premises, unless such written consent is provided to such lien or encumbrance by the Landlord. 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 14. 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 15. Licenses and Permits.
Tenant shall, at its sole expense, obtain and keep in effect all licenses and permits and licenses necessary for its use of the Premises.
Section 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 wit h any 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 Corning City Council.
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”
By: __________________________
BRANT MESKER
City Manager
APPROVED AS TO FORM:
By: ___________________________
COLLIN BOGENER
City Attorney
“TENANT”
__________________________
NORMAN OILAR
EXHIBIT “A”
Lease Premises Description:
All of Lots 3, 5, 8, 9 and 10 within Block 9, and all of Lots 3, 4, 5, 8, 9 and 10 of Block 8 of Richfield Lands Map, as the same is shown on the map recorded in Book, “E” of Record Maps, at Page 10, of the Official Records of Tehama County, and, Those portions of Lot 4 of Block 8 and Lot 4 of Block 1 of said Richfield Lands Map, lying north and east of the fence installed after the runway relocation at the Corning Municipal Airport Improvement Project completed in 2010, and,
Those portions of Lot 2 of Block 1 and Lots 2 and 3 of Block 4 of Maywood Colony No.1, as the same are shown on the Map recorded in Book “A” of Maps, at Page 43 of the Official records of Tehama County, lying north, south and east of the airport fence constructed around the perimeter of the aircraft apron constructed as part of the Corning Municipal Airport Improvement Project completed in 2010.
LEASE PREMISES DIAGRAM
ITEM NO: J-3
APPROVE AGREEMENT FOR AMG
& ASSOCIATES, SALADO
ORCHARDS PHASE II REQUEST TO
DEFER IMPACT FEES.
FEBRUARY 10, 2026
TO: CORNING CITY COUNCIL OF THE CITY OF CORNING
FROM: CHRISTINA MEEDS, PLANNER II
BRANT MESKER, CITY MANAGER
PROJECT DESCRIPTION & LOCATION:
AMG & Associates LLC has submitted a request to defer impact fees for the project Salado Orchards Apartment II.
In April of 2025, staff presented council with a resolution to apply for the HOME Investment Partnership Program, “The HOME Grant” for AMG & Associates LLC to develop a portion of parcel # 071-020-074 into three 8-plex apartment buildings, (24 units total). Located in the City of Corning along the west side of Toomes Ave. approximately 650 ft. south of Toomes Ave. / Blackburn Ave. intersection.
AMG & Associates LLC, and the City of Corning have been awarded $4,600,000.00.
Pursuant to California Government Code Sections 66007(a) and 66007(c) (1)(B),as amended by Senate Bill 937, the Salado Orchards Apartments II shall be granted the following.
1. Payment of the impact fees shall be deferred until the issuance of the Certificate of Occupancy.
2. The amount due at the time of payment shall be equal to the amount that would have been due had the fees been paid at the time of building permit issuance.
It is in the best interest of the City to enter into an agreement with AMG & Associates LLC to defer the fees.
ACTION
1. MAKE A MOTION TO APPROVE AND ALLOW THE CITY MANAGER TO SIGN
AND ENTER INTO THE IMPACT FEE DEFERRAL AGREEMENT WITH AMG & ASSOCIATES.
Agreement for Deferral of Development Fees
This Agreement for Deferral of Development Fees, dated 2-10-2026, for purposes of identification, is between the City of Corning, a California municipal corporation (the “City”); and AMG & Associates, LLC, a California Limited Liability Company (the “Developer”).
RECITALS
WHEREAS, the City has established a Deferral process for deferring the payment of development-impact fees that otherwise are due prior to the issuance of building permits (the “Deferral”); and
WHEREAS, the Developer owns the real property described in Exhibit A (the “Project Site”) and intends to develop the Project Site as described in Exhibit B (the “Project”).
This agreement sets forth the conditions under which the City will defer the Developer’s payment of development-impact fees for the Project. The fees to be deferred are identified in Exhibit C by building permit number (the “Deferred Fees”).
NOW, THEREFORE, for good and valuable consideration, which is hereby acknowledged, City and Developer agree as follows:
1. Amount of Deferred Fees. As of the effective date of this agreement (see section 10 below), the total amount of the Deferred Fees is $268,079.00, which is the sum of the development-impact fees owed for each building permit identified in Exhibit C. The Developer shall pay this amount to the City in accordance with section 2 below.
2. Time of Payment. The Developer shall pay the Deferred Fees for each building permit identified in Exhibit C prior to the issuance of the certificate of occupancy for the Project Site. Any certificate of occupancy or temporary certificate of occupancy issued, and any final inspection conducted, before the Developer has paid the Deferred Fees in accordance with this agreement is void ab initio.
3. Late Payment. If, for any reason, the Developer has not paid the Deferred Fees within the timeframe set forth in section 2 above, then the City may serve the Developer with a written demand for payment as provided for in section 9. Within five business days of the effective date of this notice, the Developer shall pay the Deferred Fees, plus a late fee equal to 10% of the amount to be paid. If the Developer fails to pay the Deferred Fees when due, the City may pursue any remedies available at law or in equity.
4. Collection Expenses. If the Developer does not pay the Deferred Fees when due, the Developer shall also pay all expenses the City incurs to collect the Deferred Fees, including but not limited to City staff time, third-party costs, and reasonable attorneys’ fees and litigation costs, whether incurred for the city’s staff attorneys or outside attorneys.
Item: J-3
5. Prevailing Wages. Depending on the circumstances, the Developer’s participation in the Deferral may cause the Developer’s Project to be a “public work” subject to the prevailing wage and apprenticeship requirements of the California Labor Code. The Developer acknowledges that the City makes no representation regarding the application of these laws to the Project. The Developer should consult with the Developer’s own legal counsel on this issue before participating in the Deferral.
6. No Third-Party Beneficiaries. Nothing in this agreement is intended or shall be construed to give any person, other than the parties to the agreement, any legal or equitable right, remedy, or claim under this agreement.
7. No Assignments. The Developer may not assign this agreement or any of its rights, interests, or obligations under this agreement.
8. Notices. Any notice or other communication under this agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this section 9 to the persons identified below. A notice or other communication that is mailed will be effective or will be considered to have been given on the third day after it is deposited in the U.S. Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice or other communication sent in any other manner will be effective or will be considered properly given when actually delivered. A party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this section
9. If to the City: City of Corning
794 Third Street
Corning, CA 96021
If to the Developer: AMG & Associates, LLC
PO Box 260770
Encino, CA 91426
Attention: Jacob Soroudi
9. Effective Date. This agreement becomes effective as set forth in the preamble above which will be referred to as the “Effective Date.”
10. Attorneys' Fees. The party prevailing in any litigation concerning this agreement will be entitled to an award by the court of reasonable attorneys’ fees and litigation costs through final resolution on appeal in addition to any other relief that may be granted in the litigation.
Item: J-3
11. Authority. Each person signing this agreement hereby represents and warrants that he or she is fully authorized to sign this agreement on behalf of his or her party and to bind that party to the performance of its obligations under this agreement.
12. Interpretation. This agreement is to be interpreted and applied in accordance with California law, except that the rule of interpretation in Civil Code section 1654 will not apply. Exhibits A, B, and C are part of this agreement.
13. Counterparts. The parties may execute this agreement in counterparts, each of which will be considered an original, but all of which will constitute the same agreement.
14. Entire Agreement. This agreement sets forth the parties' entire understanding regarding the matters set forth. It supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by another written agreement signed by both parties.
CITY OF CORNING AMG & Associates, LLC
By: By:
Brant Mesker, [Name], [Title]
City Manager
ATTEST:
By:
Rubi Ordaz, City Clerk
APPROVED AS TO FORM:
By:
Collin Bogener, City Attorney
Item: J-3
ITEM NO.: J-4
PUBLIC WORKSHOP ON
PROPOSED AMENDMENT TO
THE CORNING MUNICIPAL CODE
FEBRUARY 10, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
BENJAMIN MIERZWAK, BUILDING OFFICIAL
SUMMARY:
The City Council is requested to conduct a public workshop to review and discuss proposed amendments to the Corning Municipal Code related to nuisance abatement, property maintenance standards, and enforcement procedures.
The proposed amendments are intended to clarify existing nuisance definitions, establish explicit standards for common problem conditions, and create a consistent and transparent enforcement process that ensures due process while allowing the City to more effectively address chronic nuisance properties.
No formal action is requested at this time. The workshop is intended to receive Council direction and public input prior to formal introduction of the ordinance.
BACKGROUND:
The City of Corning currently addresses nuisance and property maintenance issues through various sections of the Corning Municipal Code, including Chapters 1.12 (Administrative Citations), 8.06 (Health and Sanitation), 8.08 (Nuisances), and 10.32 (Vehicle Abatement).
While these provisions provide general authority, staff has identified gaps and inconsistencies that have limited effective enforcement.
Common challenges include:
• Ambiguous or outdated nuisance definitions
• Lack of explicit regulations addressing lawn or yard parking • Limited clarity regarding rodent harborage and infestation conditions • Inconsistent enforcement escalation for repeat or chronic violations As a result, nuisance conditions may persist for extended periods, negatively impacting neighborhood appearance, public health, and quality of life.
Staff has prepared a draft nuisance abatement ordinance that consolidates and clarifies existing authority, strengthens enforcement tools, and establishes a predictable enforcement sequence.
The proposed ordinance aligns Corning’s standards with those already adopted by neighboring jurisdictions, including Red Bluff, Orland, and Tehama County.
Key components of the proposed ordinance include:
• Expanded and clarified definitions for junk and rubbish, inoperable vehicles, lawn or yard parking, and rodent harborage and infestation
• A standardized enforcement process beginning with voluntary compliance and escalating through citations and abatement when necessary • Authority to bypass early enforcement steps when conditions pose an immediate threat to public health or safety
• Clear authority for City-performed abatement and recovery of associated costs The public workshop provides an opportunity for Council and the community to review the proposed changes, ask questions, and provide input before the ordinance is formally introduced for adoption.
RECOMMENDATION:
Staff respectfully recommends that the City Council; and
1. Conduct a public workshop to receive information;
2. Provide direction, and solicit public input regarding proposed amendments to the Corning Municipal Code related to nuisance abatement and property maintenance standards.
No formal action is requested at this time.
ATTACHMENTS:
1. Memo- recommended updates to Nuisance, Property Maintenance, and Enforcement procedures
2. Proposed enforcement decision flow chart
3. Draft enforcement letters (Correction notice, Notice to Abate, Administrative Citation letter, Notice of Violation and/or Notice to Appear.
Attachment 1
MEMORANDUM
TO: Brant Mesker-City Manager, City of Corning
FROM: Benjamin Mierzwak, Building Official / Code Enforcement DATE: November 20, 2025
SUBJECT: Recommended Updates to Nuisance, Property Maintenance, and Enforcement Procedures
Purpose
This memorandum outlines recommended updates to the City’s nuisance and property maintenance codes. The proposed revisions introduce clearer definitions, strengthen enforcement tools, and align Corning’s standards with those of surrounding jurisdictions.
These amendments are intended to improve consistency, enhance public safety, and support more efficient resolution of nuisance conditions.
1. Summary of Recommended Code Amendments
A. Expanded and Updated Definitions (CMC Chapters 8.06 & 8.08) To eliminate ambiguity and support stronger enforcement, the following definitions should be added or clarified:
• Junk and Rubbish – Include discarded household goods, building materials, debris, and any accumulation visible from the public right‑of‑way. • Inoperable Vehicles – Align with state vehicle abatement definitions; prohibit inoperable vehicles that are visible from public view.
• Lawn / Yard Parking – Restrict parking on unpaved surfaces in front or street‑facing yards to preserve neighborhood aesthetics and prevent property degradation.
• Rodent Harborage / Infestation – Define conditions that support rodent activity, including unmanaged vegetation, accumulated waste, and deteriorated structures.
B. Standardized Enforcement Process (New Chapter or Amend CMC 1.12 & 8.08) To ensure due process and provide a predictable pathway for compliance, adopt a clear enforcement sequence:
1. Correction Notice – Opportunity for voluntary compliance.
2. Notice to Abate – Formal directive that includes hearing rights.
Attachment 1
3. Administrative Citations (1–3) – Escalating fines for continued non‑compliance.
4. Notice of Violation / Notice to Appear – Used when violations persist or conditions are severe.
5. City Abatement – Direct action by the City, with cost recovery through lien or special assessment.
C. Fast‑Track Authority for Urgent Conditions
Authorize staff to bypass early steps and proceed directly to a Notice of Violation or Notice to Appear when conditions constitute an immediate threat to health, safety, sanitation, fire safety, contamination, or infestation.
D. Alignment with Surrounding Jurisdictions
Red Bluff, Orland, and Tehama County have already adopted similar provisions, including:
• Lawn parking restrictions
• Rodent harborage standards
• Explicit inoperable vehicle controls
• Clear abatement and cost‑recovery authority
Adopting comparable language increases regional consistency and reduces confusion for residents and property owners.
2. Benefits to the City
• Improved compliance and enhanced neighborhood appearance • Faster resolution of chronic nuisance properties
• Reduced staff time through a standardized workflow
• Stronger legal foundation for abatement and cost recovery • Alignment with best practices and state expectations for code enforcement • Greater protection of public health, safety, and welfare
3. Next Steps
• City Attorney review of proposed code amendments
• Council workshop and introduction of ordinance
• Final adoption and integration into the municipal code Attachment 1
• Update internal enforcement tools, letters, and procedures • Prepare public‑facing guidance for residents and property owners
Attachment 3
1. Correction Notice Letter
City of Corning – Code Enforcement Division
794 Third Street, Corning, CA 96021
(530) 824-7027 │ [email protected]
Date: [Insert Date]
Case No.: [Insert Case #]
Property Address: [Insert Address]
APN: [Insert Parcel Number]
Responsible Party: [Insert Name]
Subject: Correction Notice – Property Maintenance / Public Nuisance Violation Dear [Property Owner or Occupant],
An inspection of the above property conducted on [date] revealed conditions in violation of the Corning Municipal Code, specifically:
- [List observed violations – e.g., accumulation of junk/rubbish, inoperable vehicle visible from the street, lawn parking, rodent harborage, etc.]
These conditions constitute a public nuisance under CMC Chapter 8.08 and must be corrected no later than [insert correction deadline date].
Please take the following corrective action(s):
1. [Action item]
2. [Action item]
If these conditions are not corrected by the date specified, the City may proceed to issue a Notice to Abate or an Administrative Citation.
If you believe this notice was issued in error or need assistance understanding the corrective measures, please contact the Building Official at (530) 824-7027.
Sincerely,
[Inspector Name]
Code Enforcement
City of Corning
Attachment 3
2. Notice to Abate Letter
City of Corning – Code Enforcement Division
794 Third Street, Corning, CA 96021
Date: [Insert Date]
Case No.: [Insert Case #]
Property Address: [Insert Address]
Responsible Party: [Insert Name]
Subject: Official Notice to Abate Nuisance
Dear [Property Owner or Occupant],
Pursuant to CMC Chapter 8.08, you are hereby ordered to abate the following public nuisance(s) located on the above property:
- [List violations and cite code sections]
You are required to correct or remove the violation(s) by [insert deadline date]. Failure to comply will result in the issuance of Administrative Citations and/or a Notice of Violation or Notice to Appear, as authorized by CMC Chapter 1.12.
You have the right to request an administrative hearing to contest this order within ten (10) days of the date of this notice. Requests must be made in writing to:
Building Official – City of Corning
794 Third Street, Corning, CA 96021
If compliance is not achieved within the time specified, the City may enter the property to abate the nuisance, with all costs assessed as a lien against the property.
Sincerely,
[Inspector Name]
Code Enforcement
City of Corning
Attachment 3
3. Administrative Citation Letter
City of Corning – Administrative Citation (1st / 2nd / 3rd) 794 Third Street, Corning, CA 96021
Date: [Insert Date]
Citation No.: [Insert #]
Case No.: [Insert Case #]
Property Address: [Insert Address]
Responsible Party: [Insert Name]
Subject: Administrative Citation – Corning Municipal Code Violation This citation is issued pursuant to CMC Chapter 1.12 for violation(s) of the Corning Municipal Code identified below:
- [List specific code sections and observed violations] Fine Amount:
- [Insert $ amount depending on offense number — e.g., 1st: $100, 2nd: $200, 3rd: $500] Payment Instructions:
Payment must be received by the City within 30 days of the citation date. Payment can be made by mail, in person.
You may appeal this citation within ten (10) calendar days of issuance by submitting a written appeal request and the required deposit to:
City Clerk – City of Corning, 794 Third Street, Corning, CA 96021.
Failure to pay or appeal this citation may result in additional penalties, a Notice of Violation, and/or City abatement action at your expense.
Sincerely,
[Inspector Name]
Code Enforcement
City of Corning
Attachment 3
4. Notice of Violation and/or Notice to Appear Letter
City of Corning – Code Enforcement Division
794 Third Street, Corning, CA 96021
Date: [Insert Date]
Case No.: [Insert Case #]
Property Address: [Insert Address]
Responsible Party: [Insert Name]
Subject: Notice of Violation / Notice to Appear – Nuisance Abatement Enforcement Dear [Property Owner or Occupant],
You are hereby notified that the conditions at the above property continue to be in violation of the Corning Municipal Code, including but not limited to:
- [List violations and relevant code citations]
Previous notices and administrative citations have been issued without compliance.
Accordingly, you are directed to appear before the Building Official or Hearing Officer on:
Date: [Insert Hearing Date]
Time: [Insert Time]
Location: City Hall Council Chambers, 794 Third Street, Corning, CA 96021 Failure to appear or comply with this notice will result in the City taking direct abatement action. All costs, including administrative fees, legal fees, and contractor charges, will be recorded as a lien and special assessment against the property.
If you have corrected the violations, contact the Code Enforcement Division immediately for verification and case closure.
Sincerely,
[Inspector Name]
Code Enforcement
City of Corning
ITEM NO. J-5
RATIFY MEMORANDUM OF
UNDERSTANDING BETWEEN THE
CITY AND THE CITY OF CORNING
MISCELLANEOUS BARGAINING UNIT
February 10, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
RUBI ORDAZ, CITY CLERK
SUMMARY:
The City of Corning has reached agreement with the employees of the City of Corning Public Miscellaneous Bargaining Unit as reflected in the attached complete Agreement, known under California Law as a “Memorandum of Understanding” (MOU).
MEMORANDUM OF UNDERSTANDING (MOU):
Below are the key elements of the proposed new MOU Agreement:
1. Term: 12-month agreement (February 1, 2026, through January 31, 2027).
2. Article 10, Classifications and Wages:
10.1(A) Effective the first full pay period after February 1, 2026, all members represented by this Memorandum of Understanding shall receive a salary increase of two- and one-half percent (2.5%) to their base monthly salary.
3. Article 18 Uniform Reimbursement:
18.2 (B) The City will reimburse employees for the purchase of five (5) pair of work pants each year. The City will reimburse up to fifty ($50) dollars per pair upon proof of purchase each fiscal year.
18.3 For Public Works Crewmembers, the Boot Reimbursement for field Staff up to $300 per year towards safety field boots subject to verification that the boots purchased meet CAL OSHA Standards.
18.4 All Community Service Officers shall be issued the following clothing items at the time of employment and maintained at this level by the City:
(A) Five (5) shirts.
(B) Five (5) pair of uniform pants.
(C) One (1) uniform coat.
Boot reimbursement up to $300 to be used toward the purchase of uniform boots.
Reimbursement requires proof of purchase receipt
18.5 In addition to the items listed above, the City agrees to provide the Community Service Officers, on a yearly basis, with the following items:
(A) Two (2) uniform shirts and two (2) uniform pants each fiscal year. (B) Boot reimbursement of up to $300 for the purchase of uniform boots once per fiscal year. Reimbursement requires proof of purchase and will be paid with a separate warrant or check, not included in regular payroll.
4. Article 19 Holidays and Holiday Pay:
19.1 Employees shall receive the following scheduled twelve (12) holidays off with pay:
Juneteenth will be added as a paid holiday.
5. Article 12 Health and Welfare Insurance:
10.1 The City’s contribution to the cost of such plan up to $2,090.00 per month. Future annual increases to the City Contribution shall be $65 per month per year.
6. Article 17 Sick Leave:
13.6 Bereavement Leave: In the event of a death in the immediate family, the Employee may take off up to five (5) days.
In addition to the newly negotiated items outlined above, the Memorandum of Understanding includes standard language clean-up and clarifications to improve consistency, administration, and interpretation of the agreement. These revisions do not necessarily change the intent of the provisions but help ensure smoother implementation and provides language clarifying the terms of the agreement. Certain updates were also made to reflect state and federal legal requirements to maintain compliance.
RECOMMENDATION:
Mayor and Council ratify the Memorandum of Understanding between the City of Corning and the City of Corning Miscellaneous Bargaining Unit for the period of February 1, 2026, through January 31, 2027.
ATTACHEMENTS:
Miscellaneous Unit Memorandum of Understanding
Exhibit A-Updated Miscellaneous Salary Schedule
ITEM NO. J-6
RATIFY MEMORANDUM OF
UNDERSTANDING BETWEEN THE
CITY AND THE CITY OF CORNING
DISPATCHER’S BARGAINING UNIT
February 10, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
RUBI ORDAZ, CITY CLERK
SUMMARY:
The City of Corning has reached agreement with the employees of the City of Corning Dispatcher Bargaining Unit as reflected in the attached complete Agreement, known under California Law as a “Memorandum of Understanding” (MOU).
MEMORANDUM OF UNDERSTANDING (MOU):
Below are the key elements of the proposed new MOU Agreement:
1. Term: 12-month agreement (February 1, 2026, through January 31, 2027).
2. Article 10, Classifications and Wages:
10.1(A) Effective the first full pay period after February 1, 2026, all members represented by this Memorandum of Understanding shall receive a salary increase of two- and one-half percent (2.5%) to their base monthly salary.
10.4 Longevity Pay: Qualifying employees will receive a longevity performance incentive pay increase to be added to their base rate as follows:
a. 4% after 10 years, effective first pay period after anniversary date. b. 7% after 15 years, effective first pay period after anniversary date, (not compounded with the 4%).
10.9 Fire Dispatcher EMT Certification Pay: Fire Dispatchers who possess a valid EMT Certificate shall receive a two-and-one-half percent (2.5%) premium added to their base pay.
3. Article 18 Uniform Allowance:
18.3 In addition to the above, Police and Fire Dispatchers shall receive a uniform allowance payable on the employee’s employment anniversary date of hire:
(A) Police Dispatchers will receive $750 per year Uniform Allowance; and (B) Fire Dispatchers will receive $650 per year Uniform Allowance.
4. Article 19 Holidays and Holiday Pay:
19.1 Union members shall receive "Holiday in Lieu Pay". Unit employees will receive an annual amount of (142) one hundred forty-two hours pay.
5. Article 12 Health and Welfare Insurance:
10.1 The City’s contribution to the cost of such plan up to $2,090.00 per month. Future annual increases to the City Contribution shall be $65 per month per year.
6. Article 17 Sick Leave:
17.4 Bereavement Leave: In the event of a death in the immediate family, the Employee may take off up to five (5) days.
In addition to the newly negotiated items outlined above, the Memorandum of Understanding includes standard language clean-up and clarifications to improve consistency, administration, and interpretation of the agreement. These revisions do not necessarily change the intent of the provisions but help ensure smoother implementation and provides language clarifying the terms of the agreement. Certain updates were also made to reflect state and federal legal requirements to maintain compliance.
RECOMMENDATION:
Mayor and Council ratify the Memorandum of Understanding between the City of Corning and the City of Corning Dispatcher’s Bargaining Unit for the period of February 1, 2026, through January 31, 2027.
ATTACHEMENTS:
Dispatcher’s Unit Memorandum of Understanding
Exhibit A-Updated Dispatcher’s Salary Schedule
ALL CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E
DISPATCH UNIT
POLICE COMMUNICATIONS SUPRV. 33.11 34.85 36.69 38.62 40.65 FIRE DISPATCH 25.95 27.32 28.76 30.27 31.86
POLICE DISPATCH 25.95 27.32 28.76 30.27 31.86
CITY OF CORNING
HOURLY SALARY SCHEDULE
Effective: February 1, 2026 - DISPATCHER ONLY
Effective: 1st Pay-period January 2025
Salary Schedule all Employees
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
MEMORANDUM OF UNDERSTANDING
between
CITY OF CORNING
and
CITY OF CORNING DISPATCHERS UNION
for
DISPATCHER UNIT
Effective: February 1, 2026 - January 31, 2027
Ratified: January ___ , 2026
Approved by City Counsel: February 10, 2026
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
THIS MEMORANDUM OF UNDERSTANDING is made and entered into between OPERATING ENGINEERS LOCAL UNION NO. 3, of the International Union of Operating Engineers, AFL-CIO, hereinafter referred to as "Union", and the designated representatives of the CITY OF CORNING, hereinafter referred to as the "City", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Sections 3500, etseq.). This Memorandum of Understanding supersedes and replaces all previous Memorandum of Understanding between the parties.
ARTICLE 1
1. GENERAL PROVISIONS – DEFINITIONS
1.1. City: The term "City,” as used herein, shall refer to the City of Corning.
1.2. Union: The term "Union", as used herein, shall refer to the Operating Engineers Local Union No. 3.
1.3. Employee: The term "Employee", as used herein, shall mean all Employees of the Dispatcher Unit as Employee Relations Policy of the City of Corning.
1.4. Employee Anniversary Date: The term "employment anniversary date", as used herein, shall mean the anniversary date of the employee's employment with the City.
1.5. Step Anniversary Date: The term "step anniversary date", as used herein, shall mean the date upon which an employee hasfinished serving the requisite amount of time in order to be eligible for a salary step increase. A new time period for such requisite service shall commence upon the occurrence of any of the following events: promotion; reclassification; implementation of a Memorandum of Understanding provision or Side Letter of Understanding specifying a movement into a new step or an increase in the rate paid for the step currently held by the employee.
ARTICLE 2
2. RECOGNITION
2.1. The City hereby recognizes the Union as the bargaining representative for the purpose of meeting and conferring on matters within the scope of representation.
ARTICLE 3
3. NON-DISCRIMINATION
3.1. No Employee covered by this Memorandum of Understanding shall be discriminated against by the Employer, or by the Union, by reason of race, color, religion, sex, age or national
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
origin.
3.2. The Employer shall not discharge, or otherwise discriminate against any Employee by reason of Union activities not interfering with the proper performance of his work.
ARTICLE 4
4. PAYROLL DEDUCTIONS
4.1. Dues and other Union-Sponsored Benefit Program Deductions:
4.1.1. The employer shall honor an employee's check-off authorization for dues, or other Unionsponsored program, which are submitted in writing, through electronically recorded phone calls, via online deduction authorization, or by any means of indicating agreement allowable under state and federal law, regardless of whether the employee is a member of the Union.
4.1.2. Deductions for dues or other Union-sponsored program shall start the pay period after the employer receives notification of the authorization. The employer may transmit such payment to the Union through electronic funds transfer (EFT). However, transfer of funds shall not be later than thirty (30) days after the deduction from the employee's earnings occurs.
4.1.3. Employee requests to authorize dues/other deduction(s), or request to change status regarding such deductions, shall be directed to the Union rather than the employer. The employer shall rely on the Union's explanations in a certified list, submitted by a representative of the Union who has authority to bind the Union, regarding whether an authorization/change in deduction(s) has been requested by the employee.
4.1.4. The Union shall not be required to provide the employer a copy of the employee's authorization unless a dispute arises about the existence or terms of the authorization.
4.1.5. The Union shall indemnify the employer for any claims made regarding such deductions.
4.1.6. Violations of this Section of the MOU are grieveable.
4.2. Data Pertaining to Deductions:
Upon request from the Union. The employer shall produce to Operating Engineers' Local Union No. 3, a malleable electronic file containing the following information:
1. Full Name (first, middle, last,suffix)
2. Employee Number
3. Job Classification
4. Job Type (full-time, part-time, per diem, as needed)
5. Bargaining Unit
6. Hours worked in the preceding payroll period, which are the basis for the dues deduction.
7. Pay Step
8. Pay Rate
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
9. Department
10. Division (sub code of the department)
4.3. Regular Receipt of Bargaining Lists:
It shall be the City of Corning's responsibility, once notified by Operating Engineers Local Union No. 3, to provide a list of all current employees covered by this Agreement, which shall include each employee's name, home address, home and cell phone numbers, personal and work e-mail addresses, work locations, department, employee identification number, hourly rate of pay, hours worked and gross pay. This list will include all employees newly hired, rehired, reinstated, transferred into or out of the bargaining unit, transferred between departments, promoted, reclassified, downgraded, placed on leaves of absence of any type including disability, placed on or recalled from layoff, separated (including retirement), added or deleted from preceding bi-monthly period.
4.4. Protect Contract Biographical and/or Demographic information of Unit members from third-parties:
In order to protect bargaining unit employees from harassment or invasion of privacy, the employer shall immediately notify the Union of any third-party request for contact, biographical and/or demographic information about the bargaining unit employees. The employer shall promptly provide the Union a copy of the request and any materials submitted with the request. The employer shall provide the Union at least ten (10) days to review the request and challenge the scope of the request prior to the employer responding to the request.
The employer agrees to consider the Union's response prior to disclosing to the third party any contact, biographical, and/or demographic information about the bargaining unit employees.
The employer agrees that it will not create a report for a non-exclusive representative requester that does not already exist. If the employer isrequired by law to furnish a nonexclusive representative requester with a report, it agrees not to provide it ln a malleable electronic format.
The employer shall not permit a non-exclusive representative to access bargaining unit members during working hours or in work areas.
The employer agrees that non-exclusive representatives are prohibited from soliciting bargaining unit members on the employer's property.
The employer agrees to adopt further safeguards against harassment of invasion of privacy by non-exclusive representatives, including but not limited to establishing filters in the employer's email system to block emails from non-exclusive representatives.
4.5. Employee Opt-Out:
Notwithstanding sections 4.1, 4.2, 4.3 and 4.4, and limited to the express purpose of Assembly Bill 119 requirements only, an employee may opt out via written request, initiated by the employee, to the City (copy to the Union) to direct the City to withhold the disclosure of the employee's home and personal cellular telephone numbers, personal email addresses on file with the employer, and home address.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
ARTICLE 5
5. MANAGEMENT RIGHTS
5.1. The Employer retains the exclusive right to manage the City. All the rights, powers, functions and authority of the Employer which it had prior to the time the Union became certified as representative of the Employees of the Employer and which are not limited or modified by specific provisions of the Memorandum are retained by the Employer. The Employer specifically retains the right to manage and supervise its Employees asfollows:
(A) To hire, promote, transfer, assign, classify positions, retain employees, and to suspend, demote, discharge or take other disciplinary action against employees. (B) To lay-off or demote Employees from duties because of lack of work, lack of funds, in the interest of economy, or other legitimate reasons.
(C) To determine the policies, standards, procedures, methods, means and personnel by which City operations are to be conducted.
(D) To take whatever actions may be necessary to carry out the City in situations of emergency. (E) To limit or prohibit the right of Employees in certain positions or classes of positions from forming, joining, or participating in employee organizations as provided in the California Government Code, and designating such employees in the current Schedule of Department and Authorized Positions adopted by resolution.
(F) Nothing in this policy shall be construed to interfere with the City's right to manage its operations in the most economical and efficient manner consistent with the best interests of all City citizens, taxpayers, and employees.
ARTICLE 6
6. UNION RIGHTS
6.1. The Union recognizes its obligation to cooperate with the Employer to assure maximum service of the highest quality and efficiency to the citizens of the City of Corning consistent with its obligations to the Employees it represents.
6.2. Employer and Union affirm the principle that harmonious employer-employee relations are to be promoted and furthered. When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the certified representative for the Employees and shall notify the Union of such hiring.
6.3. The Employer shall provide the Union space to erect a bulletin board in each area where Employees covered by this Memorandum are assigned.
6.4. The City Manager shall be notified in advance by the Union President of the name of any official representative designated by the Union. Business representatives of the Union shall have reasonable access to Employees, provided such access does not interfere with City business.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
Department heads and first-line supervisors will be notified by the Employer of the provisions of this Section.
6.5. Business representatives of the Union shall have access to any Employee or Employees presenting a grievance; and Employees have the right to have the Union business representative represent the Employee at allstages of disciplinary action.
6.6. The Union may select two (2) Employees as Union Stewards.
6.7. In addition to his regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the business representative of any violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report a grievance or violation of this Memorandum.
ARTICLE 7
7. PEACEFUL PERFORMANCE
7.1. The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by the City Employees covered by this Memorandum of Understanding are essential to the public health, safety and general welfare of the residents of the City of Corning. The Union agrees that under no circumstances will the Union recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down,stay-in, sick-out, slow-down or picketing (hereinafter collectively referred to as workstoppage), in any office or department of the City, nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work stoppage untilsaid work stoppage has ceased.
7.2. In the event of any work stoppage during the term of this Memorandum of Understanding, whether by the Union or by any member of the bargaining unit, the Union, by its officers, shall immediately declare in writing and publicize that such action is illegal and unauthorized, and further direct itsmembers in writing to cease the said conduct and resume work. Copies ofsuch written notice shall be served upon the City. If in the event of any work stoppage, the Union promptly and in good faith, performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted or encouraged such work stoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, including discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress including damages, as against any such employee.
ARTICLE 8
8. PAYMENTS
8.1. This Memorandum is intended to cover all aspects of wages, hours, and working conditions for Employees covered herein; therefore, nothing in this Memorandum shall prevent the Employer from modifying any fringe benefits or benefit plans not specifically provided for in this
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
Memorandum such as retirement plans, salary continuation plans, etc., subject to meet and confer.
8.2. If an Employee covered by this Memorandum is permanently assigned work of a substantially new or different nature so as to constitute a new job classification, the Employer and the Union shall determine the wage rate through the established procedures.
8.3. Employees will be paid bi-weekly, no later than six (6) days following the end of the preceding payroll period. If the fifth day is a holiday, Employees will be paid on the preceding day.
8.4. In the event an error has been made in the payment of an employee's wages, overtime payment, leave accruals, balances, or usages, the City shall, for the purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. Such adjustments are limited by the three year statute of limitations set forth in California Code of Civil Procedure section 338.
8.5. In the event an employee receives an overpayment in wages, reimbursement to the City shall be accomplished by either:
a. Lump-sum payment by the employee;
b. A one-time deduction from usable vacation or compensatory time off (CTO), or unused holidays worked, equivalent to the overpayment at the employee's current hourly rate; c. A repayment schedule through payroll deductions, or
d. Other means as may be mutually agreed between the City and the employee.
No repayment schedule shall exceed forty-eight (48) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty-four (24) pay periods. If an employee terminates City employment prior to completing his/her repayment schedule, any amounts still due the City will be applied against the employee's final paycheck.
ARTICLE 9
9. PREVAILING RIGHTS
9.1. This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties. It is understood that all items relating to Employees' wages, hours, and other terms and conditions of employment not covered in this Memorandum of Understanding shall remain the same, except as specifically mentioned in this Memorandum of Understanding; therefore, for the life of this Memorandum of Understanding, neither party shall be compelled to bargain with the other concerning any mandatory bargaining issues, whether specifically bargained about prior to the execution of this Memorandum of Understanding or which may have been omitted in the bargaining which led up to the execution of this Memorandum of Understanding, except by mutual agreement of the parties or as specifically mentioned in this Memorandum of Understanding.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
9.2. In the event the City General Fund Reserves fall below $1,000,000, the City and Union agree to meet within fifteen days and discuss; provided, however, that this provision shall not be considered a contract reopener, and further provided that this contract provision shall not be used by theCity in any action or proceeding to interpret this contract.
ARTICLE 10
10. CLASSIFICATION AND WAGES
10.1. For the period of this agreement, Employees will be paid in accordance with the monthly salary schedule and effective dates as shown in Exhibit "A". Employees will be eligible for step increases on their step anniversary date. Employees may advance to the next step in the pay schedule after satisfactory completion of the required time in the lower step. The time required between step A and B shall be (6) six months. Advancement from step B to C, C to D and D to E shall be (12) twelve months between each step.
Wage Increase:
Effective the first full pay-period after February 1, 2026, all members represented by this Memorandum of Understating shall receive a salary increase of two and one-half percent (2.5%) to their base monthly salary.
10.2. Employees may be appointed to a classification at any step, A through E, as determined by the City Manager.
10.3. Employees will be eligible for PERFORMANCE PAY (Step Increases) under the following conditions:
(A) Annual satisfactory performance evaluations will be required to receive and maintain annual step pay increase.
(B) A performance evaluation will be made 30-days before the employee’s anniversary date. (C) In the event the employee is denied a performance pay increase, the employee may request the City Manager for review and to make final determination. The matter may not be filed under any other grievance procedure.
10.4. Longevity Pay: Qualifying employees will receive a longevity performance incentive pay increase to be added to their base rate as follows:
a. 4% after 10 years, effective first pay period after anniversary date. b. 7% after 15 years, effective first pay period after anniversary date, (not compounded with the 4%).
10.5. Bi-lingual Pay: Shall total 5% of base pay for the incidental duties related to the assignment.
(A) An employee must be certified as bi-lingual.
(B) The City Manager will establish standards for qualifying employees and for an ongoing review of skills. The City Manager will require that employees demonstrate the ability to
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
converse n Spanish sufficient to serve the needs of the City. (C) The City Manager shall terminate the assignment if the ongoing use of the bi-lingual skills are no longer required and /or the employee fails to perform the duties at a skill level which meets the established standards.
10.6. P.O.S.T. Dispatcher Certification Pay: Effective the pay period closest to the date the City Council ratifies the Memorandum of Understanding (MOU). (A) Employees who possess a P.O.S.T. Dispatcher Intermediate Certificate will receive an additional two and one-half (2.5%) percent of base pay. (B) Employees who possess a P.O.S.T. Dispatcher Advanced Certificate will receive an additional five (5%) percent of baser pay.
(C) The maximum P.O.S.T. Dispatcher Certificate pay that employees can earn is five (5%) percent.
10.7. Shift Differential: Employees working between 1800 and 0600, shall receive an additional $1.00 per hour added to their base rate of pay for those hours actually worked between 1800 and 0600.
10.8. Training Officer Pay: Fire and Police Dispatchers, when assigned inwriting by the Fire Chief or Police Chief shall receive, in addition to regular pay, a five percent (5%) premium added to their regular rate of pay for serving as Training Officers for the period so assigned.
10.9. Fire Dispatcher EMT Certification Pay: Fire Dispatchers who possess a valid EMT Certificate shall receive a two-and-one-half percent (2.5%) premium added to their base pay. (A) The City of Corning is specifically not authorizing Fire Dispatchers who possess this certification to work as EMT’s or emergency medical dispatchers (EMD’s) while on shift as a Fire Dispatcher for the City of Corning.
ARTICLE 11
11. OUT OF CLASSIFICATION PAY
11.1. Any Employee who works out of classification shall be paid at the higher wage rate if the Employee works out of classification for four (4) hours or more and the City shall pay for the entire day.
ARTICLE 12
12. HEALTH AND WELFARE INSURANCE
12.1. Currently, the City offers a choice of seven (7) Health Insurance Policies; (4) Operating Engineers Public Employees' Health and Welfare Plans; and (3) different tier Blue Shield Savings Account Plans. All Employees and their dependents may participate in the Operating Engineer Public Employees' Health and Welfare Plans, or any of the Blue Shield Savings Account Plans, with the City contributing to the cost ofsuch plan up to $2,090.00 per month toward the rate. The employee
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
shall pay any remaining costs of insurance.
Future annual increases to the City Contribution shall be $65 per month per year. However, the total City contribution shall not exceed the employee plus family premium rate of the Operating Engineers Health and Welfare Platinum plan (Full Benefit).
Overage Payment: The difference between the cost of the Health Insurance Policy selected by the employee and the City Contribution, if any, shall, at the election of the employee, be paid into the Health Savings Account to the maximum allowed under the law; once this account is maximized, all overage shall go into the employees 457 deferred compensation account. Should the employee select a plan other than a Health Saving Account, then all overage shall be paid to the employee's 457 deferred compensation account. Overage payments, in total,shall not exceed $700 per month per employee. This Overage Payment shall be limited to employees hired on or before February 25, 2020.
For those employees who otherwise have medical insurance and opt-out of the city medical insurance completely, the City will provide $900.00 per month which may be paid to a 457 deferred compensation plan, added to salary compensation or divided between both and only be changed once a year, unless employee encounters an unforeseen circumstance.
12.2. Employees who are not members of the Union are required to pay a service fee in the same amount as the monthly Union dues in order to participate in the Union's Health and Welfare Plan.
12.3. The City shall provide life insurance in the amount of one hundred thousand dollars ($100,000.00) effective the first pay period in 2016 following City Council approval of the Memorandum of Understanding (MOU) and will continue to pay the accidental life and disability insurance premiums.
12.4. The City shall have the option of replacing the Operating Engineers Public Employees Health and Welfare Plan with a plan of the City's choosing. If the City exercises this option, the City shall maintain coverage that is comparable and substantially equivalent to that provided currently under the present plan.
12.5. A Health Plan Review Committee, consisting of one employee from each bargaining unit, will be established and coordinated by the City Manager, to review alternate health plans. A nonbinding Committee Report will be made to the City and the Union. The committee will study both the health plan and the short-term disability plan.
12.6. The City will make an Employee Assistance Program (EAP) available to each regular employee. The EAP provides personal, family and career counseling to employees along with financial counseling referral, and legal referrals to employees.
ARTICLE 13
13. WORKDAY AND WORKWEEK
13.1. The regular workday for Unit Members shall be twelve (12) hours, inclusive of mealtime.
The regular work period consists of eighty-fou (84) hours in any two-week pay period on duty, with four (4) hours paid at the time and one-half rate, except in an emergency or when the normal
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
scheduled rotation requires a different duty arrangement. Pursuant to California Labor Code section 514 and 29 CFR 778.105 of the Fair Labor Standards Regulations, the workweek for police dispatch employees working day shift shall begin on Wednesday at 12:00 PM and end on Wednesday at 12:00 PM, and the workweek for police dispatch employees working night shift shall begin on Wednesday at 12:00 AM and end on Wednesday at 12:00 AM. Pursuant to California Labor Code section 514 and 29 CFR778.105 of the Fair Labor Standards Regulations, the workweek for fire dispatch employees working day shift shall begin on Tuesday at 12:00 PM and end on Tuesday at 12:00 PM, and the workweek for fire dispatch employees working night shift shall begin on Tuesday at 12:00 AM and end on Tuesday at 12:00 AM.
The regular workday for Union Members shall be either eight (8) hours, or twelve (12) hours, inclusive of mealtime.
(A) Effective January 1, 2023 Voluntary Shift Schedule ("trades") must occur in the same work period must receive Supervisor advance approval in writing and shall not be considered subject to overtime.
(B) Effective January 1, 2023 No overtime shall be paid or earned for any pay period in which the employee did not actually work any hours during that pay-period.
13.2. Shifts, schedules, rotations and assignments, including weekends and holidays shall be the sole prerogative of the City. The City will give fifteen (15) day written notice of change to the affected employees.
13.3. The City may institute an optional work schedule to the (5-8, 3-12, or 4-12) shift by giving the Union and the affected employees a (30) thirty days written notice. Should optional work schedule hours be different than a regular eight hours per day (example: 9, 10 or 12 hour days), the optional hours shall constitute a "regular workday", for the purpose of daily overtime pay as defined in section 14.1.
ARTICLE 14
14. OVERTIME
14.1. All time worked in excess of the "regular workday" either over 8 hours, or over 12 hours, depending on the schedule, or over (80) eighty hours per two-week pay period shall be considered over-time. Overtime shall be compensated therefore at the rate of time and one-half the Employee's regular pay rate, which will be paid in the same manner as other wages.
14.2. The Employee shall, on termination of employment, be entitled to be paid all accumulated overtime, together with the Employee's normal wage.
14.3. All payments for overtime worked will be made on the regular salary check in the next succeeding pay period in which it was earned.
14.4. Compensatory Time in lieu of overtime (CTO): Members of the bargaining unit may accrue up to a maximum of two hundred (200) hours annually upon the Department Head's discretionary authority. CTO time may be carried into the following year, but at no time can it exceed the two hundred (200) hours. Management shall approve when employees can take time off, taking
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
into consideration the desire of the employees and the operational needs of the department. The Department Head and employees may mutually agree to pay out any or all CTO time. All unused CTO shall be paid upon termination. All CTO in excess of two hundred (200) hours shall be paid to the employee as part of their normal pay cycle.
CTO is calculated as compensation at the rate of time and one-half. Overtime pay and CTO Cash Outs which includes incrases for SPECIALTY PAY i.e. Educational incentives, Longevity, Bilingual, etc., sef forth in ARTICLE 10 of this MOU. Overtime pay and CTO Cash Outs do not include pay for one-time expenses or payments, including, but not limited to, uniform pay, medical in lieu, etc.
ARTICLE 15
15. STAND-BY COMPENSTATION
15.1. When the Employer requires an Employee to remain available for call back at any time, the Employee shall receive stand-by pay.
15.2. When an Employee is required to stand-by, he/she shall be compensated for such standby time at the rate of two (2) hours of straight-time compensation by cash for each accumulated eight (8) hours of stand-by.
15.3. The City reserves the right to close the Corporation Yard or any other facility if the City determines, in its sole discretion, that the facility need not be open. The Union acknowledges that Employees do not have the right or privilege to stand-by at non-public City facilities without the express consent of the City.
ARTICLE 16
16. CALLBACK COMPENSATION
16.1. When the Employer, due to an emergency, requires an Employee to return to work other than his regularly scheduled workday, the Employee shall be entitled to call-back compensation.
16.2. Employer will compensate the Employee a minimum of two (2) hours of overtime compensation irrespective of the actual time worked when an Employee is called back to perform an emergency task. In the event the task exceeds two (2) hours duration, the total overtime compensation shall be for the hours actually worked.
ARTICLE 17
17. SICK LEAVE
17.1. Sick leave is available to an employee to use in case of illness, bodily injury, exposure to a contagious disease, medical or dental appointment or attendance upon seriously ill member of employee's immediate family, as defined by these rules. An employee may take paid sick leave after the first month of employment. Every effort by the employee shall be made to schedule appointments during non-work hours.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
Sick leave with pay shall be granted to all Employees. Sick leave shall be earned at the rate of (8) eight hours per calendar month of service, not to exceed a total maximum accumulation of (1920) nineteen hundred twenty hours. No sick leave shall be earned once the maximum accrual is reached.
17.2. The City agrees to pay fifty percent (50%) of Employee's unused accumulated sick leave upon retirement or death. Upon reduction in force, the City shall pay twenty-five percent (25%) of Employee's unused accumulated sick leave.
17.3. Family Leave: Employees with approval of the Department Head may use up to three (3) days accumulated sick leave per year for purpose of attending to immediate family during difficult or extended illness. Alternatives for care of family members should be pursued prior to requesting leave under this provision, and the Supervisor that stipulates to the necessity for such care and attendance may request a copy of a written confirmation from the attending physician.
17.4. Bereavement Leave: In the event of a death in the immediate family, the Employee may take off up to five (5) days. The immediate family shall be defined as husband, wife, child, stepchild, mother, father, brother, sister, in-laws, grandparents and grandchildren. The City agrees to not charge Bereavement Leave to Sick Leave. Bereavement leave must be taken within two months following the death of the immediate family member. Leave shall be taken in full day increments.
17.5. When an employee is off work as a result of a valid on-the-job injury sustained in the service of the City, the employee is entitled to use their accrued Sick Leave during the period of disability to make up the difference between their regular pay and the Workers Compensation Temporary Disability Payments. The City shall pay only that amount necessary to make up the difference between the employee's monthly rate and the amount payable to the employee as temporary disability payments from the Worker's Compensation Insurance Plan of the City. To take advantage of this benefit, the employee must forward their Temporary disability check to the City.
17.6. The City may require verification of the necessity for sick leave. Such verification may be in the form of a written statement from a doctor or a personal affidavit from the Employee. The City reserves the right to specify which of the two verification procedures will be required in any particular situation. If the City requires verification from a physician, the City shall pay for the cost of such verification to the extent such cost is not reimburse by the Employee's health insurance.
17.7. If the City determines that an Employee has abused the provisions of the sick leave policy, the Employee shall be subject to disciplinary action.
17.8. Sick Leave Conversion Upon Retirement: In lieu of a cash-out of sick leave, an employee, upon retirement under PERS, may choose as an option to convert a percentage of the dollar value of the sick leave at the employee's current hourly base rate of pay as of the date of retirement, to pay the pre-paid health insurance premium up for a period of time up to age 65 according to the following conversion plan:
Employee’s Years of Service with City Percentage Value of Employee’s Accrued Sick Leave
Through 15 years 50%
16 through 19 years 70%
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
20 or more years 80%
(A) Following is the procedure to account for the percentage value of converted sick leave. At the written request of the retiring employee, the City Staff will compute the dollar value of the accrued sick leave according to the percentages shown above and maintain an accounting in the employee's name deducting the amount of monthly City health insurance premium for the "balance".
(B) The value of sick leave does not accrue in a cash fund for each employee; therefore, no actual funds are held in trust. The City simply agrees to pay the retiree's premium for a period of time until the balance value of the conversion is depleted.
(C) Should a retired employee want to stop their insurance premium payments under the Section, the employee must notify the City Manager in writing, giving the date payments should end, and City Staff will do an accounting of the actual dollar amount paid out. Should this amount still be less than the fifty percent (50%) value provided for in the sick leave payoff provisions of this MOU, Section 17.2 the balance will be paid to the employee. (D) Should a retired employee die prior to fully using this benefit, any dependents covered under the health insurance may, if permitted to continue insurance coverage by the insurance carrier, receive the continuation of this benefit until fully expended. The benefit shall have no cash value to the employee's estate nor can the City accept any claim for payoff by heirs.
ARTICLE 18
18. UNIFORM ALLOWANCE
18.1. The City agrees to furnish, at no cost to the Employees, necessary safety items required and determined by the city.
18.2. The City agrees to provide Fire and Police Dispatchers one summer and one winter uniform upon completion of the initial training period.
18.3. In addition to the above, Police and Fire Dispatchers shall receive a uniform allowance payable on the employee’s employment anniversary date of hire:
(A) Police Dispatchers will receive $750 per year Uniform Allowance; and (B) Fire Dispatchers will receive $650 per year Uniform Allowance. a. Current PEPRA employees, hired before the ratification date of this agreement, shall receive a lump sum payment in their payroll check after their anniversary date of hire.
Said allowance is not subject to tax withholding.
b. All CLASSIC employees, whether hired before or after the date of ratification of this agreement, shall receive their uniform allowance divided into 26 pay periods to make it reportable to CalPERS as pensionable income. Said allowance is not subject to tax withholding.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
c. ALL employees hired after the date of ratification of this agreement, whether PEPRA or CLASSIC, shall receive their uniform allowance divided into 26 pay periods. Said allowance is not subject to tax withholding.
ARTICLE 19
19. HOLIDAYS AND HOLIDAY PAY
19.1. Union members shall receive "Holiday in Lieu Pay". Unit employees will receive an annual amount of (142) one hundred forty-two hours pay. The annual payment is to be made on the pay period prior to Thanksgiving Day. This Holiday in Lieu Pay provision for Union Members replaces all previous policies and resolves any and all previous Holiday Pay issues.
A. Current PEPRA and CLASSIC employees, hired before the ratification date of this agreement, shall receive a lump sum payment in their November payroll1 .
B. ALL employees hired after the date of ratification of this agreement, whether PEPRA or CLASSIC, shall receive their holiday pay divided into 26 pay periods.
ARTICLE 20
20. 457 DEFERRED COMPENSATION PLAN
20.1. The City will match employee's contributions to their 457 Deferred Compensation Plan up to $75 per month. The City match is only available for one (1) Deferred Compensation Plan even if employees are enrolled in more than one (1) Plan. Employees must commit to maintain their 457 contribution for one full year.
ARTICLE 21
21. RETIREMENT For Miscellaneous Employees, the City provides retirement benefits under a contract with the California Public Employees Retirement System (PERS) asfollows:
21.1. The City confirms that all current PERS Tier 1 Miscellaneous Members are in the 2% at 55 Retirement Formula with single highest yearsalary retirement formula and:
The City and City of Corning Tier 1 Miscellaneous Members agree the total employee share of retirement costs shall be 7%.
21.2. The City confirms that all current PERS Tier II Miscellaneous Members are in the 2% at 60 Retirement Formula and:
The City and City of Corning Tier II Miscellaneous Members agree the total employee share of 1 Current employees understand that receiving a lump sum payment may have a detrimental effect on their reportable CalPERS pensionable income and have elected to receive said lump sum payment.
Employees acknowledge that Employer must report pensionable income in the month it was earned and receiving a lump sum payment triggers the Employer to have to go back through every payroll in that year and adjust it for the purpose of reporting these earnings accurately.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
retirement costs shall be 7%.
21.3. Employees hired on or after January 1, 2013, who are not eligible for reciprocity or are not current CalPERS members without a break in service greater than six (6) months, shall participate in legislatively mandated CalPERS contributions and retirement benefit formula plans established by Assembly Bill 340, the "Public Employees' Pension Reform Act of 2013". This legislation is administered/interpreted by the California Public Employees Retirement System (CalPERS). New employee members shall have the following retirement benefit formula and contribution rate:
For PERS Miscellaneous Members 2.0% @ 62, 3 year final compensation as defined by CalPERS.
The Member contribution rate is up to 8.0%.
The member contribution rate must comply with Section 7522.30 of the California Government Code. CalPERS may change this rate following actuarial review during the term of theMOU.
The City agrees that the retirement tier changes in 21.2 and 21.3 will not affect employees hired prior to January 1, 2012.
In the event the Legislature modifies the Cal PERS employee/employer contribution rates, the City and Union agree to meet within fifteen days and discuss; provided, however, that this provision shall not be considered a contract reopener; and further provided that this contract provision shall not be used by the City is any action or proceeding to interpret this contract.
ARTICLE 22
22. VACATION
22.1. Employeesshall earn vacation according to the following:
(A) Employees shall earn vacation with pay at the rate of one hundred twenty (120) hours per year (4.62 hours per pay period) after one (1) year and during the first seven (7) years of employment. Newly hired employees may use their vacation hours after six (6) months of employment;
(B) Employees shall earn vacation with pay at the rate of one hundred sixty (160) hours per year (6.15 hours per pay period) after completion of seven (7) years of City employment; (C) Employeesshall earn vacation with pay at the rate oftwo hundred (200) hours per year (7.69 hours per pay period) after fifteen (15) years of City employment; (D) The maximum number of vacation hours employees may carry over or have in a vacation account at the start of each new calendar year is two hundred (200) hours; and (E) Employees who have more than two hundred (200) hours in their vacation account will have the excess vacation time paid off at the close of each calendar year.
22.2. The Employee shall have the option of converting up to twenty-five (25%) of unpaid accumulated vacation to cash payment in lieu of taking vacation. The Employee may exercise the payoff option only one time (1) per fiscal year with five (5) working days' notice to payroll.
22.3. Vacation Cash Outs include increases for SPECIALTY PAY i.e. Educational incentives, Longevity, Bilingual, etc., set forth in ARTICLE 10 of this MOU. Vacation Cash
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
Out does not include pay for one-time expenses or payments, including but not limited to uniform pay, medical in lieu pay, medical overages, etc.
ARTICLE 23
23. PROBATION PERIOD AND EVALUATION
23.1. All Employee evaluations will be made by the Employee's immediate Supervisor or the Employee's Department Head annually prior to the employee's anniversary date. In the event the immediate supervisor or Department Head is unable to complete the evaluation, the City Manager may complete the evaluation. The City reserves the right to conduct formal evaluation summaries every six (6) months. Nothing contained herein should be construed to limit the right of the City to continually monitor and assess Employee performance and provide feedback to the Employee regarding the Employee's performance.
23.2. All new, promoted, and reclassified Employees are on probation for twelve (12) months.
Current City Employees accepting a promotion to a higher classification retain the right to return to their former classification if the City determines they are unable to satisfy the requirements of the new classification.
23.3. Time spent in a non-paid status will not be counted towards an employee's seniority.
When an employee takes unpaid leave, only the unpaid hours off work will remain uncounted toward seniority.
ARTICLE 24
24. LAY-OFF POLICY
24.1. The City may lay off Employees whenever it becomes necessary because of lack of work or funds, or whenever it is deemed advisable in the interests of economy to reduce the force in a department or office.
24.2. Persons shall be laid off in the following order:
(A) All extra help, temporary and provisional Employees in the same department and within the same job classification shall be laid off before any regular Employee is laid off. (B) When it becomes necessary to reduce the force in any department or office by lay-off of regular Employees, seniority shall be the determining factor. In the case where seniority is equal, ability shall govern.
The determination of ability shall be the exclusive responsibility of the Department Head, provided that in making such determination, consideration shall be given to skill, efficiency, knowledge, physical fitness, training and attitude toward fellow Employees.
24.3. Seniority shall be measured from the Employee's initial appointment to City service, but shall not include any period during which such Employee was on leave without pay, or not actually in City employment because of the Employee's voluntary termination, lay-off or other cause; provided that, for any Employee who is re-employed after being discharged, seniority shall be measured from the date of the most recent appointment.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
24.4. The City shall send written notice by certified mail, postage prepaid, return receipt requested, and correctly addressed to the last known mailing address of the Employee asfound in the Employee's personnel file. In lieu of the above, the City may serve notice by personal service. Notice of lay-off shall be made at least thirty (30) days prior to the effective date of the action.
24.5. In lieu of being laid off, a regular Employee may elect demotion and displacement in the same department to a classification previously held by said Employee with substantially the same or lower salary step and/or to a classification in which said Employee meets the minimum qualifications. Demotion and displacement rights to specify classifications shall be applicable only within the department and subject to lay-off list provisions in this Article based on seniority and ability. Employees wishing demotion and displacement in lieu of lay-off must notify the City Manager in writing of this election no later than seven (7) calendar days after receiving notice of layoff.
ARTICLE 25
25. SAVINGS CLAUSE
25.1. If any Article section, subsection, paragraph, sentence, clause or phrase of this Memorandum of Understanding shall, for any reason, be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of the Memorandum, it being expressly provided that this Memorandum and each Article section, subsection, paragraph, sentence, clause or phrase hereof would have been adopted irrespective of the fact that any one or more Articles, sections, subsections, paragraphs, sentences, clauses or phrases shall be declared invalid or unconstitutional.
ARTICLE 26
26. FULL UNDERSTANDING, MODIFICATION, AND WAIVER
26.1. This Memorandum sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City Council.
The waiver of any breach, term or condition of this Memorandum by either party shall not constitute a precedent in the future enforcement of all its terms and conditions ARTICLE 27
27. TERMS OF AGREEMENT
27.1. This Memorandum of Understanding shall be effective February 1, 2026, and shall remain in effect until January 31, 2027.
27.2. This Memorandum of Understanding may be extended by mutual agreement of the
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER DISPACTHER UNIT MOU 2/2/2026 – 1/31/2026
partiesif additional time isrequired to consummate a new Memorandum.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 10th day of February, 2026.
CITY OF CORNING: UNION:
___________________________________ _________________________________ Brant Mesker Lacey Hudson
City Manager Union Representative
_________________________________
Daymon Schlereth
Union Representative
___________________________________ _________________________________ Sophia R. Meyer, Art Frolli, Operating Engineers Local 3 Sophia R. Meyer Law, P.C. Business Representative
Negotiator
___________________________________
Rubi Ordaz
City Clerk
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
EXHIBIT A
CITY OF CORNING
HOURLY SALARY SCHEDULE
Effective: February 1, 2026 - DISPATCHER ONLY
ALL CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E
DISPATCH UNIT
POLICE COMMUNICATIONS SUPRV. 33.11 34.85 36.69 38.62 40.65 FIRE DISPATCH 25.95 27.32 28.76 30.27 31.86
POLICE DISPATCH 25.95 27.32 28.76 30.27 31.86
ITEM NO. J-7
RATIFY MEMORANDUM OF
UNDERSTANDING BETWEEN THE
CITY AND THE CITY OF CORNING
PUBLIC SAFETY BARGAINING UNIT
February 10, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
RUBI ORDAZ, CITY CLERK
SUMMARY:
The City of Corning has reached agreement with the employees of the City of Corning Public Safety Bargaining Unit as reflected in the attached complete Agreement, known under California Law as a “Memorandum of Understanding” (MOU).
MEMORANDUM OF UNDERSTANDING (MOU):
Below are the key elements of the proposed new MOU Agreement:
1. Term: 12-month agreement (February 1, 2026, through January 31, 2027).
2. Article 10, Classifications and Wages:
10.1 Wage increase
A. Effective the first full pay period after February 1, 2026, all members represented by this Memorandum of Understanding shall receive a salary increase of two- and onehalf percent (2.5%) to their base monthly salary.
10.5 Longevity Pay: Qualifying employees will receive a longevity incentive pay increase to be added to their base rate as follows:
A. 4% after 10 years, effective the first pay period after anniversary date.
B. 7% after 15 years, effective the first pay period after anniversary date, (not compounded with the 3%).
3. Article 19 Holidays and Holiday Pay:
19.1 Members of the bargaining unit shall receive "Holiday in Lieu". The amount shall annually be equal to one hundred twenty-four (124) hours pay.
4. Article 11 Health and Welfare Insurance:
11.1 The City’s contribution to the cost of such plan up to $2,090.00 per month. Future annual increases to the City Contribution shall be $65 per month per year.
5. Article 17 Sick Leave:
17.6 Bereavement Leave: In the event of a death in the immediate family, the Employee may take off up to five (5) days.
In addition to the newly negotiated items outlined above, the Memorandum of Understanding includes standard language clean-up and clarifications to improve consistency, administration, and interpretation of the agreement. These revisions do not necessarily change the intent of the provisions but help ensure smoother implementation and provides language clarifying the terms of the agreement. Certain updates were also made to reflect state and federal legal requirements to maintain compliance.
RECOMMENDATION:
Mayor and Council ratify the Memorandum of Understanding between the City of Corning and the City of Corning Public Safety Bargaining Unit for the period of February 1, 2026, through January 31, 2027.
ATTACHEMENTS:
Public Safety Unit Memorandum of Understanding
Exhibit A-Updated Public Safety Salary Schedule
ALL CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E
POLICE UNIT
POLICE SERGEANT 42.10 44.31 46.64 49.10 51.68
POLICE DETECTIVE 39.96 42.07 44.28 46.61 49.06
POLICE OFFICER 37.24 39.20 41.26 43.44 45.72
CITY OF CORNING
HOURLY SALARY SCHEDULE
Effective: February 1, 2026 - PUBLIC SAFETY
Effective: 1st Pay-period January 2025
Salary Schedule all Employees
MEMORANDUM OF UNDERSTANDING
Between
CITY OF CORNING
and
OPERATING ENGINEERS UNION LOCAL NO. 3
of the
INTERNATIONAL
UNION OF OPERATING
ENGINEERS AFL-CIO
for
PUBLIC SAFETY EMPLOYEES
Effective:
February 1, 2026 - January 31, 2027
Ratified by City Council February 10, 2026
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
City of Corning
and the
Operating Engineers Local Union No. 3 of the
International Union of Operating Engineers AFLCIO for Public Safety Employees Effective: February 1, 2026 – January 31, 2027
This Memorandum of Understanding is made and entered into between the Operating Engineers Local No. 3 of the International Union of Operating Engineers, AFL-CIO, hereinafter referred to as "Union", and the designated representatives of the CITY OF CORNING, hereinafter referred to as the "City", pursuant to the provisions of the MeyersMilias-Brown Act (Government Code Section 3500, et seq.). This Memorandum of Understanding supersedes and replaces all previous Memorandum of Understandings between the parties.
ARTICLE 1
GENERAL PROVISIONS - DEFINITIONS
1.1 DEFINITIONS:
A. Employer: The term "Employer", as used herein, shall refer to the City of Corning.
B. Union: The term "Union", as used herein, shall refer to the Operating Engineers Local No. 3 of the International Union of Operating Engineers, AFL-CIO.
C. Employee: The term "Employee", as used herein, shall mean all Employees of the Peace Officer Unit as established under the provisions of the Employer-Employee Relation Policy of the City of Corning.
D. Employment Anniversary Date: The term "employment anniversary date", as used herein, shall mean the anniversary date of the employee's employment with the City.
E. Step Anniversary Date: The term "step anniversary date", as used herein, shall mean the date upon which an employee has finished serving the requisite amount of time in order to be eligible for a salary step increase. A new time period for such requisite service shall commence upon the occurrence of any of the following events:
Promotion, reclassification, implementation of a Memorandum of Understanding provision or Side Letter of Understanding specifying a movement into a new step or an increase in the rate paid for the step currently held by the employee.
ARTICLE 2
RECOGNITION
The Employer hereby recognizes the Union as the only organization entitled to meet and confer on matters within the scope of representation.
ARTICLE 3
HIRING PROVISIONS
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
3.1 No Employee covered by this Memorandum of Understanding shall be discriminated against by the Employer or by the Union by reason of race, color, religion, sex, age, or national origin.
3.2 The Employer shall not discharge or otherwise discriminate against any Employee by reason of Union activities not interfering with the proper performance of his work.
ARTICLE 4
CHECK OFF
4.1 Dues and other Union-Sponsored Benefit Program Deductions:
1. The employer shall honor an employee's check-off authorization for dues, or other Union-sponsored Program, which are submitted in writing, through electronically recorded phone calls, via online deduction authorization, or by any means of indicating agreement.
allowable under state and federal law, regardless of whether the employee is a member of the Union.
2. Deductions for dues or other Union-sponsored program shall start the pay period after the employer receives notification of the authorization. The employer may transmit such payment to the Union through electronic funds transfer (EFT). However, transfer of funds shall not be later than thirty (30) days after the deduction from the employee's earnings occurs.
3. Employee requests to authorize dues/other deduction(s), or requests to change status regarding such deductions, shall be directed to the Union rather than the employer. The employer shall rely on the Union's explanations in a certified list, submitted by a representative of the Union who has authority to bind the Union, regarding whether an authorization/change in deduction(s) has been requested by the employee.
4. The Union shall not be required to provide the employer a copy of the employee's authorization unless a dispute arises about the existence or terms of the authorization.
5. The Union shall indemnify the employer for any claims made regarding such deductions.
6. Violations of this Section of the MOU are grieve able.
4.2 Data Pertaining to Deductions:
Upon request from the Union. The employer shall produce to Operating Engineers' Local Union No. 3, a malleable electronic file containing the following information:
1. Full Name (first, middle, last, suffix)
2. Employee Number
3. Job Classification
4. Job Type (full-time, part-time, per diem, as needed)
5. Bargaining Unit
6. Hours worked in the preceding payroll period, which are the basis for the dues deduction.
7. Pay Step
8. Pay Rate
9. Department
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
10. Division (sub code of the department)
4.3 Regular Receipt of Bargaining Lists:
It shall be the City of Corning's responsibility, once notified by Operating Engineers Local Union No. 3, to provide a list of all current employees covered by this Agreement, which shall include each employee's name, home address, home and cell phone numbers, personal and work e-mail addresses, work locations, department, employee identification number, hourly rate of pay, hours worked and gross pay. This list will include all employees newly hired, rehired, reinstated, transferred into or out of the bargaining unit, transferred between departments, promoted, reclassified, downgraded, placed on leaves of absence of any type including disability, placed on, or recalled from layoff, separated (including retirement), added or deleted from preceding bi-monthly period.
4.4 Protect Contract Biographical and/or Demographic information of Unit members from third parties:
In order to protect bargaining unit employees from harassment or invasion of privacy, the employer shall immediately notify the Union of any third-party request for contact, biographical and/or demographic information about the bargaining unit employees. The employer shall promptly provide the Union a copy of the request and any materials submitted with the request. The employer shall provide the Union at least ten (10) days to review the request and challenge the scope of the request prior to the employer responding to the request. The employer agrees to consider the Union's response prior to disclosing to the third party any contact, biographical, and/or demographic information about the bargaining unit employees.
The employer agrees that it will not create a report for a non-exclusive representative requester that does not already exist. If the employer is required by law to furnish a nonexclusive representative requester with a report, it agrees not to provide it in a malleable electronic format.
The employer shall not permit a non-exclusive representative to access bargaining unit members during working hours or in work areas.
The employer agrees that non-exclusive representatives are prohibited from soliciting bargaining unit members on the employer's property.
The employer agrees to adopt further safeguards against harassment of invasion of privacy by non-exclusive representatives, including but not limited to establishing filters in the employer's email system to block emails from non-exclusive representatives.
4.5 Employee Opt-Out
Notwithstanding sections 4.1, 4.2, 4.3 and 4.4, and limited to the express purpose of Assembly Bill 119 requirements only, an employee may opt out via written request, initiated by the employee, to the City (copy to the Union) to direct the City to withhold the disclosure of the employee's home and personal cellular telephone numbers, personal email addresses on file with the employer, and home address.
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ARTICLE 5
MANAGEMENT RIGHTS
5.1 The Employer retains the exclusive right to manage the City. All the rights, powers, functions, and authority oftheEmployer, which it had prior to the time the Union became certified as representative of the Employees of the Employer, and which are not limited or modified by specific provisions of the Memorandum, are retained by the Employer.
The Employer specifically retains the right to manage and supervise its Employees as follows:
1. To hire, promote, transfer, assign, classify positions, retain employees, and to suspend, demote, discharge, or take other disciplinary action against Employees.
2. To lay-off or demote Employees from duties because of lack of work, lack of funds, in the interest of economy, or other legitimate reasons.
3. To determine the policies, standards, procedures, methods, means and personnel by which City operations are to be conducted.
4. To take whatever actions may be necessary to carry out the mission of the City in situations of emergency.
5. To limit or prohibit the right of Employees in certain positions or classes of positions from forming, joining, or participating in employee organizations as provided in the California Government Code, and designating such employees in the current schedule of Departments and Authorized Positions adopted by resolution.
6. Nothing in this policy shall be construed to interfere with the City's right to manage its operations in the most economical and efficient manner consistent with the best interests of all citizens, taxpayers, and employees in the City.
ARTICLE 6
UNION RIGHTS
6.1 The Union recognizes its obligation to cooperate with the Employer to assure maximum service of the highest quality and efficiency to the citizens of the City of Corning consistent with its obligations to the Employees it represents.
6.2 Employer and Union affirm the principle that harmonious Employer-Employee relations are to be promoted and furthered. When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the certified representative for the Employees and shall notify the Union of such hiring.
6.3 The Employer shall provide the Union space to erect a bulletin board in each area where Employees covered by this Memorandum are assigned.
6.4 Business Representatives of the Union shall have reasonable access to Employees, provided such access does not interfere with City business. Department Heads and FirstLine Supervisors wil1be notified by the Employer of the provisions of this Section.
Solicitation for membership shall not be conducted during working time.
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6.5 Business representatives of the Union shall have access to any Employee or Employees presenting a grievance; and Employees have the right to have the Union Business Representative represent him/her at all stages of disciplinary action.
6.6 The Union may select two (2) Employees as Union Stewards.
6.7 In addition to his regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative of any violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report a grievance or violation of this Memorandum.
ARTICLE 7
PEACEFUL PERFORMANCE
7.1 The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by the City Employees covered by this Memorandum are essential to the public health, safety, and general welfare of the residents of the City of Corning. The Union agrees that under no circumstances will the Union recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or picketing (hereinafter collectively referred to as work stoppage), in any office or department of the City, nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work stoppage until said work stoppage has ceased.
7.2 In the event of any work stoppage during the term of this Memorandum of Understanding, whether by the Union or by any member of the bargaining unit, the Union, by its officers, shall immediately declare in writing and publicize thatsuch action is illegal and unauthorized, and further direct its membersin writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the City. If in the event of any work stoppage the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted or encouraged such work stoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, including discharge, any Employee who instigates, participates in, givesleadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress including damages, as against any such Employee.
ARTICLE 8
PAYMENTS
8.1 This Memorandum is intended to cover all aspects of wages, hours, and working conditions for Employees covered herein, therefore, nothing in this Memorandum shall prevent the Employer from modifying any fringe benefits or benefit plans not specifically provided for in this Memorandum such as retirement plans, salary continuation plans, etc., subject to meet and confer.
8.2 If an Employee covered by this Memorandum is permanently assigned work of a
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
substantially new or different nature so as to constitute a new job classification, the Employer and the Union shall determine the wage rate through the established procedures.
8.3 The pay period for all employees covered by this MOU will be bi-weekly.
The work period will be the 80 hours bi-weekly allowed under the provisions of the FLSA 7K exemption for Safety employees.
8.4 In the event an error has been made in the payment of an employee's wages, overtime payment, leave accruals, balances, or usages, the City shall, for the purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. Such adjustments are limited by the three-year statute of limitations set forth in California Code of Civil Procedure section 338.
8.5 In the event an employee receives an overpayment in wages, reimbursement to the City shall be accomplished by either:
a. Lump-sum payment by the employee;
b. A one-time deduction from usable vacation or compensatory time off (CTO), or unused holidays worked, equivalent to the overpayment at the employee's current hourly rate; c. A repayment schedule through payroll deductions; or
d. Other means as may be mutually agreed between the City and the employee.
No repaymentschedule shall exceed forty-eight (48) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty-four (24} pay periods. If an employee terminates City employment prior to completing his/her repaymentschedule, any amountsstill due the City will be applied against the employee's final paycheck.
8.6 Employees shall be paid bi-weekly, no later than six (6) days following the end of the preceding payroll period.
ARTICLE 9
PREVAILING RIGHTS
9.1 This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties. It is understood that all items relating to Employees' wages, hours, and other terms and conditions of employment not covered in this Memorandum of Understanding shall remain the same, except as specifically mentioned in this Memorandum; therefore, for the life of this Memorandum, neither party shall be compelled to bargain with the other concerning any mandatory bargaining issues, whether specifically bargained about prior to the execution of this Memorandum or which may have been omitted in the bargaining which led up to the execution of this Memorandum of Understanding, except by mutual agreement of the parties or as specifically mentioned in this Memorandum.
9.2 In the event the City General Fund Reserves fall below $1,000,000.00, the City and Union agree to meet within fifteen days and discuss; provided, however, that this provision shall
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not be considered a contract reopener, and further provided that this contract provision shall not be used by the City in any action or proceeding to interpret this contract.
ARTICLE 10
WAGES
10.1 Wage Increase
A. Effective the first full pay period after February 1, 2026, all members represented by this Memorandum of Understanding shall receive a salary increase of two and one-half percent (2.5%) to their base monthly salary.
A salary schedule reflecting wages in hourly base rate for all steps shall be attached to the Memorandum of Understanding reflecting each contract year as determined above.
10.2 Employees may advance to the next step in the pay schedule upon satisfactory completion of the required time in the lower step. The time required to advance from step A to B, and B to C is currently six (6) months. For employees hired after July 1, 2005, the time required between step A and B shall remain six (6) months. For employees hired after July 1, 2005 advancement from step B to C, C to D and D to E shall be twelve (12) months between each step.
10.3 Employees transferring into the unit from other public agencies or from other departments within the City shall be placed on whatever salary step the City determines is appropriate based on their qualifications. However, an Employee receiving a promotion within the department shall not be placed in a step requiring a lower salary than was earned in the previous position.
10.4 Performance Pay (Step Increases): Employees will be eligible for performance incentive pay under the following conditions:
A. Annual satisfactory performance evaluations will be required to receive and maintain annual pay increase.
B. A performance evaluation will be made 30-days before the employee's anniversary date.
C. In the event the employee is denied a performance incentive pay increase, the employee may request the City Manager for review and to make final determination. The matter may not be filed under any other grievance procedure.
10.5 Longevity Pay: Qualifying employees will receive a longevity incentive pay increase to be added to their base rate as follows:
A. 4% after 10 years, effective the first pay period after anniversary date.
B. 7% after 15 years, effective the first pay period after anniversary date, (not compounded with the 4%).
ARTICLE 11
HEALTH AND WELFARE INSURANCE
11.1 Currently, the City offers a choice of seven (7) Health Insurance Policies; (4) Operating
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
Engineers Public Employees' Health and Welfare Plans; and (3) different tier Blue Shield Savings Account Plans. All Employees and their dependents may participate in the Operating Engineer Public Employees' Health and Welfare Plans, or any of the Blue Shield Savings Account Plans, with the City contributing to the cost of such plan up to $2,090.00 per month toward the rate. The employee shall pay any remaining costs of insurance.
Future annual increases to the City Contribution shall be $65 per month per year. However, the total City contribution shall not exceed the employee plus family premium rate of the Operating Engineers Health and Welfare Platinum Plan (Full Benefit).
Overage Payment: The difference between the cost of the Health Insurance Policy selected by the employee and the City Contribution, if any, shall, at the election of the employee, be paid into the Health Savings Account to the maximum allowed under the law; once this account is maximized, all overage shall go into the employees 457 deferred compensation account. Should the employee select a plan other than a Health Saving Account, then all overage shall be paid to the employee's 457 deferred compensation account. Overage payments, in total, shall not exceed $700 per month per employee. This Overage Payment shall be limited to employees hired on or before February 25, 2020.
For those employees who otherwise have medical insurance and opt-out of the city medical insurance completely, the City will provide $900.00 per month which may be paid to a 457 deferred compensation plan, added to salary compensation, or divided between both and only be changed once a year, unless employee encounters an unforeseen circumstance.
11.2 The City shall pay the fee for Employees who are not members of the Operating Engineers Local Union No. 3 in order to participate in the Union's Health and Welfare Plan.
11.3 The City shall provide life insurance in the amount of one hundred thousand dollars ($100,000) and will continue to pay the accidental life and disability insurance premiums.
11.4 The City shall have the option of replacing the Operating Engineers Public Employees Health and Welfare Plan with a plan of the City's choosing. If the City exercises this option, the City shall maintain coverage that is comparable and substantially equivalent to that provided currently under the present plan.
11.5 A Health Plan Review Committee consisting of one employee from each bargaining unit will be established and coordinated by the City Manager to review alternate health plans. A non-binding Committee Report will be made to the City and the Union. The committee willstudy both the health plan and the short-term disability and "cafeteria" plans. Upon receipt of the committee's report, the City, or the Union, upon the request of either, will meet and confer on the recommendations of the committee.
11.6 The City will make an Employee Assistance Program (EAP) available to each regular employee. The EAP provides personal, family and career counseling to employees along with financial counseling referral, and legal referrals to employees.
ARTICLE 12
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WORKDAY AND WORKWEEK
12.1 A. The regular workday for employees assigned to patrol shall be twelve (12) hours, inclusive of mealtime. The regular work period is two weeks in duration and consists of seven (7) regularly scheduled shifts amounting to eighty (80) hours of regular time and four (4) hours of scheduled overtime, subject to Article 12.1.C. All time worked in excess of the regular scheduled workday or work week shall be considered overtime regardless of hours worked during the pay period.
B. Voluntary shift schedule changes ("trades") must occur in the same work period, must receive supervisor advance approval in writing, and shall not be considered subject to overtime.
C. Approved time off (vacation, sick leave, compensatory time off (CTO) and use of any time from an employee's time banks) shall not be considered "time worked" and shall be excluded from overtime. In the event an employee takes approved time off, they shall record on their time sheetsleave hours consistent with the number of hours scheduled.
D. When the department schedules an employee for training in lieu of their regularly scheduled work day, which reduces the employees' totals number of hours below the minimum eighty (80) hour work period, as defined in Article 8.3, the employee shall be paid a minimum of eighty (80) hours; provided however, in the event an employee can return to work before or after training to complete their regularly scheduled workday, the employee shall not be entitled to compensation for hours the employee is not in training. In the event an employee has less hours than their regularly scheduled workday, they shall be able to use time from their vacation or compensatory time banks to complete their full days' work schedule.
E. Employees shall not be entitled to training compensation when the employee is not acting in the capacity as the field training officer.
12.2 The Chief of Police may designate an alternate work schedule for employees on special assignment or training with a regular schedule of eighty (80) hours per work period.
12.3 The City may institute an optional work schedule to the 12-hour shift. If another shift is considered, it is the understanding that management retains the right to schedule in the best interests of the department, and for the safety of the citizens of Corning.
ARTICLE 13
OVERTIME
13.1 Overtime shall be compensated at the rate of time and one-half, which will be paid in the same manner as other wages, except C.T.O.
13.2 An Employee shall, upon termination of employment, be entitled to be paid all unpaid accumulated overtime together with the Employee's normal wages.
13.3 All cash payments for overtime worked will be made on the regular salary check in which it was earned. The only exception is holiday pay. (See Article 19 regarding holidays.)
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13.4 All overtime worked shall be first approved by the Chief or Shift Sergeant.
13.5 Compensatory Time in Lieu of Overtime (CTO): Members of the bargaining unit may accrue up to a maximum of two hundred (200) hours annually upon the Department Head's discretionary authority. CTO time may be carried into the following year, but at no time can it exceed two hundred (200) hours. Management shall approve when employees can take time off, taking into consideration the desire of the employees and the operational needs of the department. The Department Head and employees may mutually agree to pay out any or all CTO time. All unused CTO shall be paid upon termination. All CTO in excess of two hundred (200) hours shall be paid to the employee as part of their normal pay cycle.
Members of this bargaining unit shall not log CTO for hours worked responding to mutual aid.
ARTICLE 14
SPECIALTY PAY
14.1 Employeesin the classification of Police Officer shall receive in addition to regular pay a 5% premium when assigned, in writing by the Police Chief, to serve and perform as a Field Training Officer (FTO).
14.2 Out of Class Pay. An Employee who is temporarily assigned, in writing, the duties of a supervising position shall receive premium pay of five percent (5%) above his/her present salary.
14.3 Officers assigned by the Chief of Police to the K-9 Unit shall be required to spend fifteen (15) minutes per day, in addition to their regular hours, in the routine care and maintenance of their police dog, and shall be compensated forthistime at the overtime rate.
14.4 Officers certified and assigned by the Chief of Police as bi-lingual shall receive a total of 5% for the incidental duties related to the assignment. The Police Chief shall establish reasonable standards to qualifying Officers and for ongoing review of skills.
14.5 Effective the first full pay period after February 2026, Officers certified and assigned by the Chief of Police as Range Mastershall receive an additional five percent (5%) of a qualifying Officer's base wages when actively instructing (Estimated at no more than 48 hours per year in total for allqualifying Officer's.)
14.6 Graveyard Shift is defined as a regularly assigned shift during which at least fifty percent (50%) of the hours occur between the hours of 2200 and 0600. Effective the first full pay period after February 1, 2026, Unit members assigned to work the Graveyard Shift shall receive an additional one dollar ($1.00) for each hour worked between 1800 and 0600 hours.
ARTICLE 15
STAND-BY COMPENSATION
15.1 When the Employer requires an Employee to remain available for call back at any time, the Employee shall receive stand-by pay.
15.2 When an Employee is required to stand by, he shall be compensated for such stand-by at the rate of two (2) hours ofstraight time compensation by cash for each accumulated eight (8) hours of stand-by.
ARTICLE 16
CALL-BACK COMPENSATION
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16.1 When the City requires an employee to return to work other than his regularly scheduled workday, or for hours that are not contiguous to the beginning or end of an employee's normal shift, the employee shall be entitled to call-back compensation.
16.2 The City shall compensate the employee a minimum of three (3) hours of overtime compensation irrespective of the actual time worked when an employee is physically called back to work. In the event the task exceeds three hours duration, the total overtime compensation shall be for the hours actually worked.
The City shall compensate the employee a minimum 30 minutes of overtime compensation irrespective of the actual time worked when an employee receives a work-related phone call. In the event the phone call exceeds 30 minutes duration, the total overtime compensation shall be for the full duration of the phone call.
16.3 Employees who are required to report for court duty on their non-scheduled work hours or a scheduled day off shall be paid overtime compensation for the actual time worked but in no event less than three (3) hours of compensation. In the event the court subpoena is cancelled within 24 hours preceding the court appearance the employee shall be paid two (2) hours, subject to verification to be developed.
ARTICLE 17
SICK LEAVE
17.1 Sick leave is available to an employee to use in case of illness, bodily injury, exposure to a contagious disease, medical or dental appointment or attendance upon seriously ill member of employee's immediate family, as defined by these rules. An employee may take paid sick leave after the first month of employment. Every effort by the employee shall be made to schedule appointments during non-working hours.
17.2 Sick leave with pay shall be granted to all employees. Sick leave shall be earned at the rate of eight (8) hours per calendar month of service, not to exceed a total maximum accumulation of one thousand four hundred forty (1440) hours. No sick leave shall be earned once the maximum accrual is reached.
17.3 The City agrees to pay fifty percent (50%) of Employee's unused accumulated sick leave upon retirement or death effective the start of the first pay period in 2016 occurring after the City Council approves the Memorandum of Understanding (MOU). Upon reduction in force, the City shall pay twenty-five (25%) of Employee's unused accumulated sick leave.
17.4 Employees who have less than thirty-six (36) days of sick leave accumulated may, in lieu of taking vacation, bank said vacation time under sick leave.
17.5 Family Leave shall be administered in accordance with applicable State and Federal law.
17.6 In the event of a death in the immediate family, the Employee may take off up to five (5) days. The immediate family shall be defined as husband, wife, child, stepchild, mother, father, brother, sister, in-laws, grandparents, and grandchildren. Bereavement leave must be taken within two months following the death of the immediate family member. Leave shall be taken in full day increments.
17.7 When an employee is off work as a result of a valid on-the-job injury sustained in the
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
service of the City, the employee is entitled to use their accrued Sick Leave during the period of disability to make up the difference between their regular pay and the Workers Compensation Temporary Disability Payments. The City shall pay only that amount necessary to make up the difference between the employee's monthly rate and the amount payable to the employee as temporary disability payments from the Worker's Compensation Insurance Plan of the City. To take advantage of this benefit, the employee must forward their Temporary check to the City.
17.8 The City may require verification of the necessity for sick leave. Such verification may be in the form of a written statement from a doctor or a personal affidavit from the Employee.
The City reserves the right to specify which of the two verification procedures will be required in any particular situation. If the City requires verification from a physician, the City shall pay for the cost of such verification to the extent such cost is not reimbursed by the Employee's health insurance.
17.9 If the City determines that an Employee has abused the provisions of the sick leave policy, the Employee shall be subject to disciplinary action.
17.10 Sick Leave Conversion Upon Retirement: In lieu of a cash out of sick leave, an employee, upon retirement under PERS, may choose as an option, to convert a percentage of the dollar value of the sick leave at the employee's current hourly base rate of pay as of the date of retirement, to pay the pre-paid health insurance premium up for a period of time up to age 65 according to the following conversion plan:
Employee's year of
Service with City
Through 15 years
16 through 19years
20 or more
Percentage value of Employee's
accrued Sick Leave
50%
70%
80%
The following is the procedure to account for the percentage value of converted sick leave:
(A) At the written request of the retiring employee, the City Staff will compute the dollar value of the accrued sick leave according to the percentages shown above, and maintain an accounting in the employee's name, deducting the amount of monthly City health insurance premium for the "balance".
(B) The value of sick leave does not accrue in a cash fund for each employee; therefore, no actual funds are held in trust. The City simply agrees to pay the retiree's premium for a period of time until the balance value of the conversion is depleted. (C) Should a retired employee want to stop their insurance premium payments under this Section, the employee must notify the City Manager in writing, giving the date payments should end, and City Staff will do an accounting of the actual dollar amount paid out. Should this amount still be less than the fifty percent (50%) value provided for in the sick leave payoff provisions of this MOU, Section 17.3 the balance will be paid to the employee. (D)Should a retired employee die prior to fully using this benefit, any dependents covered under the health insurance may, if permitted to, continue insurance coverage by the insurance
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carrier and receive the continuation of this benefit until fully expended. The benefit shall have no cash value to the employee's estate, nor can the City accept any claim for payoff by heirs.
(E)Employees not choosing to remain in the City's offered health plan may use the benefits set out in these sections, to be applied to the cost of a private health plan. The retired employee will be reimbursed on a quarter year basis, such amounts as provided in these sections, upon submission of a written claim and proof of a paid premium by the retired employee. The form, manner of claim, and proof will be as prescribed by the City.
ARTICLE 18
UNIFORM ALLOWANCE
18.1 The City agrees to pay all members of the Public Safety Employees Bargaining Unit covered by this Memorandum of Understanding, a uniform allowance, also to include Body Armor Shell, of twelve hundred dollars ($1200) per year, payable on the Employee's employment anniversary date. Notwithstanding the foregoing, the City reserves the option to implement a system by which the City will purchase and maintain the uniforms required of Employees at City's expense in lieu of providing the aforementioned uniform allowance.
A. Current PEPRA employees, hired before the ratification date of this agreement, shall receive a lump sum payment in their payroll check after their anniversary date of hire.
Said allowance is not subject to tax withholding.
B. All CLASSIC employees, whether hired before or after the date of ratification of this agreement, shall receive their uniform allowance divided into 26 pay periods to make it reportable to CalPERS as pensionable income. Said allowance is not subject to tax withholding.
C. ALL employees hired after the date of ratification of this agreement, whether PEPRA or CLASSIC, shall receive their uniform allowance divided into 26 pay periods. Said allowance is not subject to tax withholding.
18.2 The Employer agrees to replace, at no cost to the Employee, any item of uniform clothing damaged in the line of duty.
ARTICLE 19
HOLIDAYS & HOLIDAY PAY
19.1 Members of the bargaining unit shall receive "Holiday in Lieu". The amount shall annually be equal to one hundred twenty-four (124) hours pay.
A. Current PEPRA and CLASSIC employees, hired before the ratification date of this agreement, shall receive a lump sum payment in their November payroll1. 1 Current employees understand that receiving a lump sum payment may have a detrimental effect on their reportable CalPERS pensionable income and have elected to receive said lump sum payment. Employees acknowledge that Employer must report pensionable income in the month it was earned and receiving a lump sum payment triggers the Employer to have to go back through every payroll in that year and adjust it for the purpose of
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B. ALL employees hired after the date of ratification of this agreement, whether PEPRA or CLASSIC, shall receive their holiday pay divided into 26 pay periods.
19.2 Employees hired into full-time positions during each calendar year shall have their Holiday in Lieu pay prorated based on the number of full months worked in relationship to twelve (12) months. This section applies only to initial hires by the City, not employees who promote during the year.
19.3 Annual payment is to be made on the last pay period in November.
ARTICLE 20
457 DEFERRED COMPENSATION PLAN
The City will match Employee's contributions to their 457 Deferred Compensation Plan up to $60 per month. The City match is only available for one (1) Deferred Compensation Plan even if employees are enrolled in more than one (1) Plan. Employees must commit to maintain their 457 contribution for one full year.
ARTICLE 21
EDUCATIONAL INCENTIVE PAY
21.1 The Employer agrees to provide Incentive Pay for all Peace Officers at the following rates:
A. All Employees to receive, monthly, two and one-half percent (2 1/2%) above base monthly pay for possession of a POST Intermediate Certificate or an Associate of Arts Degree.
B. All Employees to receive, monthly, five percent (5%) above base monthly pay for possession of a POST Advanced Certificate or a Bachelor's Degree.
ARTICLE 22
VACATION TIME
22.1 Employees shall earn vacation according to the following:
A. Employees shall earn vacation with pay at the rate of one hundred twenty (120) hours per year (4.62 hours per pay period) after one (1) year and during the first seven (7) years of City employment.
B. Employees shall earn vacation with pay at the rate of one hundred sixty (160) hours per year (6.15 hours per pay period) after completion of seven (7) years of City employment.
C. Employees shall earn vacation with pay at the rate of two hundred (200) hours per year (7.69 hours per pay period) after fifteen (15) years of City employment.
D. The maximum number of vacation hours employees may carry over or have in a vacation account at the start of each new calendar year is two hundred (200) hours.
E. Employees who have more than two hundred (200) hours in their vacation account will have the excess vacation time paid off at the close of each calendar year.
22.2 The Employee shall have the option of converting up to fifty percent (50%) of unpaid reporting these earnings accurately.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
accumulated vacation to cash payment in lieu of taking vacation. The Employee may exercise this payoff option only one (1) time per fiscal year with five (5) working days' notice to payroll.
22.3 Vacation Cash Outs include increases for SPECIALTY PAY i.e. Educational incentives, Longevity, Bilingual, etc., set forth in ARTICLE 10 of this MOU. Vacation Cash Out does not include pay for one-time expenses or payments, including but not limited to uniform pay, medical in lieu pay, medical overages, etc.
ARTICLE 23
SAFETY
23.1 The Employer agrees to furnish, at no cost to the Employee, all items of safety equipment including, but not limited to: weapon, holster, belt with ammo pouches, cuffs, nightstick and rain gear with waterproof boots, plus reflectorized traffic vests and traffic batons for each patrol car.
23.2 Body Armor: The City shall periodically choose a manufacturer and brand of body armor that meets the "Threat Level Ill-A" Standard published from time to time by the National Institute of Justice. Each employee represented by the Bargaining Unit will be provided 'Threat Level Ill-A" body armor upon employment. Such body armor shall be replaced every four (4) years.
Initial and replacement armor will include both the armor and the shell. The employee is responsible for the periodic replacement of the shell as part of the annual Uniform Allowance, as explained in Article 18. The Employee may select a higher priced unit (meeting thisstandard) by paying the difference. The body armor will be required to be worn at all times when the Officer is on duty.
23.3 Vehicles: The City Police Chief will consult with a representative of the Unit and consider Unit input when developing a maintenance inspection program for patrol cars. The program will include routine "certified" vehicle inspections at specific mileage and following an accident or high-speed chase involving the vehicle.
23.4 Manning: The Police Chief will consult with a representative of the Unit and consider input when developing a plan for the scheduling and deployment of available staff to best meet the needs of the Department and the City population.
23.5 Ammunition: City will provide all duty ammunition and range qualification and ammunition for all City duty issued weapons.
23.6 Physical Fitness Plan Committee, consisting of one employee from the bargaining unit and the Police Chief, will establish and coordinate the physical fitness plan. Officers who elect to participate in the physical fitness testing shall be covered by workers compensation in the event they should be injured during the testing process.
23.7 Employees who qualify under the physical fitness incentive plan shall receive a total of five percent (5%) pay increase.
ARTICLE 24
LAY-OFF POLICY
24.1 The City may lay-off Employees whenever it becomes necessary because of lack of work or funds, or whenever it is deemed advisable in the interests of the economy to reduce the force in a department or office.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
24.2 Persons shall be laid off in the following order:
1. All extra help, temporary and provisional Employees in the same department and within the same job classification shall be laid off before any regular Employee is laid off.
2. When it becomes necessary to reduce the force in any department or office by lay-off of regular Employees, seniority shall be the determining factor. In the case where seniority is equal, ability shall govern.
The determination of ability shall be the exclusive responsibility of the department head, provided that in making such determination, consideration shall be given to skill, efficiency, knowledge, physical fitness, training, and attitude toward fellow Employees.
24.3 Seniority shall be measured from the Employee's initial appointment to City service, but shall not include any period during which such Employee was on leave without pay, or not actually in City employment because of the Employee's voluntary termination, lay-off or other cause; provided that,for any Employee who isreemployed after being discharged, seniority shall be measured from the date of the Employee's most recent appointment.
24.4 The City shall send written notice by certified mail, postage prepaid, return receipt requested, and correctly addressed to the last known mailing address of the Employee as found in the Employee's personnel file. In lieu of the above, the City may serve notice by personal service. Notice of layoff shall be made at least (30) thirty-days prior to the effective date of the action.
24.5 In lieu of being laid off, a regular Employee may elect demotion and displacement in the same department to a classification previously held by said Employee with substantially the same or lower salary step and/or to a classification in which said Employee meets the minimum qualifications. Demotion and displacement rights to specified classifications shall be applicable only within the department and subject to layoff list provisions in this Section based on seniority and ability. Employees wishing demotion and displacement in lieu of layoff must notify the City Manager in writing of this election no later than seven (7) calendar days after receiving notice of layoff.
ARTICLE 25
PROBATION PERIOD AND EVALUATION
25.1 All Employee evaluations should be made by the Employee's immediate Supervisor or the Employee's Department Head when possible. In the event the immediate Supervisor or Department Head is unable to complete the evaluation, the City Manager may complete the evaluation. The City reserves the right to conduct formal evaluation summaries every six (6) months. Nothing contained herein should be construed to limit the right of the City to continually monitor and assess Employee performance and provide feedback to the Employee regarding the Employee's performance.
25.2 All new, promoted, and reclassified Employees are on probation for one (1) year. The Police Chief may extend a probation period for a worker, on a day for day basis, which has been on a limited duty assignment or on leave, either compensated or non-compensated in excess of ten (10) days
25.3 Current City Employees accepting a promotion to a higher classification retain the right to return to their former classifications if the City determines they are unable to satisfy the requirements of
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
the new classification.
25.4 Time spent in a non-paid status will not be counted towards an employee's seniority. When an employee takes unpaid leave, only the unpaid hours off work will remain uncounted toward seniority.
ARTICLE 26
RETIREMENT
For Public Safety Employees, the City provides retirement benefits under a contract with the California Public Employees Retirement System (PERS) as follows:
26.1 The City confirms that all current PERS Tier 1 Safety Members are in the 3% at 50 Retirement Formula with single highest year salary retirement formula and:
The City and City of Corning Tier 1 Public Safety Bargaining Unit Members agree the total employee share of retirement costs shall be 9%.
26.2 The City confirms that all PERS Tier II Safety Members are in the 3% @ 55 Formula with three (3) year average salary retirement formula and:
The City and City of Corning Tier II Public Safety Bargaining Unit Members agree the total employee share of retirement costs shall be 9%.
26.3 Employees hired on or after January 1, 2013, who are not eligible for reciprocity or are not current CalPERS members without a break in service greater than six (6) months, shall participate in legislatively mandated CalPERS contributions and retirement benefit formula plans established by Assembly Bill 340, the "Public Employees' Pension Reform Act of 2013". This legislation is administered/interpreted by the California Public Employees Retirement System (CalPERS). New employee members shall have the following retirement benefit formula and contribution rate:
For PERS Police and Fire Safety Members 2.7% @ 57, 3-year final compensation as defined by CalPERS. The Member contribution rate is up to 13.75%. (Currently 13.75%.) The member contribution rate must comply with Section 7522.30 of the California Government Code. CalPERS may change this rate following actuarial review during the term of the MOU.
The City agrees that the retirement tier changes in 26.2 and 26.3 will not affect employees hired prior to January 1, 2012.
In the event the Legislature modifies the Cal PERS employee/employer contribution rates, the City and Union agree to meet within fifteen days and discuss; provided, however, that this provision shall not be considered a contract reopener; and further provided that this contract provision shall not be used by the City in any action or proceeding to interpret this contract.
ARTICLE 27
SAVINGS CLAUSE
27.1 If any Article, Section, subsection, paragraph, sentence, clause or phrase of this
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
Memorandum of Understanding shall, for any reason, be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this Memorandum, it being expressly provided that this Memorandum and each section, subsection, paragraph, sentence, clause, or phrase hereof would have been adopted irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases shall be declared invalid or unconstitutional.
ARTICLE 28
TERM OF AGREEMENT
28.1 This Memorandum of Understanding shall be effective February 1, 2026 and shall remain in effect until the 31st day of January 2027.
28.2 Either party may, in writing, notify the other party within 120 days of the terminated date of this Memorandum of Understanding after start to negotiate a new Memorandum.
ARTICLE 29
TAKE HOME VEHICLES
29 Take Home Vehicles – Take home vehicles intended to be used for emergency response from employees’ homes shall be assigned at the discretion of the Chief of Police based on the needs of the Agency. The only exception would be for the assigned K-9 officer(s) and Detective who shall continue to have non-discretionary take-home vehicles for purposes of emergency response.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ___ day of February, 2026.
CITY OF CORNING: UNION:
___________________________________ _________________________________ Brant Mesker Ed Curiel
City Manager Union Representative
_________________________________
Danette Ross
Union Representative
___________________________________ _________________________________ Sophia R. Meyer, Art Frolli, Operating Engineers Local 3 Sophia R. Meyer Law, P.C. Business Representative
Negotiator
___________________________________
Rubi Ordaz
City Clerk
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER PUBLIC SAFETY MOU – 2/1/26 TO1/31/27
EXHIBIT A
CITY OF CORNING
HOURLY SALARY SCHEDULE
Effective: February 1, 2026 - PUBLIC SAFETY
ALL CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E
POLICE UNIT
POLICE SERGEANT 42.10 44.31 46.64 49.10 51.68
POLICE DETECTIVE 39.96 42.07 44.28 46.61 49.06
POLICE OFFICER 37.24 39.20 41.26 43.44 45.72
Effective Pay period starting 2/1/2026 through
1/31/2027
Proposed ratification by City Council on 2/10/2026
(Retroactive to
2/1/2026)