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City Council

Regular Meeting

Corning, CA · January 25, 2022

MinutesPacketAgenda

Minutes

Item No.: G-3 CITY COUNCIL CLOSED SESSION AGENDA TUESDAY, JANUARY 25, 2022 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. A. CALL TO ORDER: 6:00 p.m. B. ROLL CALL: Council: Dave Demo Karen Burnett Shelly Hargens Jose “Chuy” Valerio Mayor: Robert Snow All members of the City Council were present. The Brown Act requires that the Council provide the opportunity for persons 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: None. D. REGULAR AGENDA: 1. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code § 54956.9. One Case: a. Name of Case: City of Corning v. Trent Construction, et al. Case No.: CV24394 E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: Mayor Snow reported that Council met in Closed Session and gave direction to Staff. CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 25, 2022 CITY COUNCIL CHAMBERS IN PERSON AT 794 THIRD STREET OR VIA ZOOM https://us06web.zoom.us/j/9342948553?pwd=WFF2OVdJZnhldTZKRVJwZ1FSTFFTUT09 Meeting ID: 934 294 8553 Passcode: 01252022 OR BY PHONE (720) 707- 2699 Meeting ID: 934 294 8553 Passcode: 01252022 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. A. CALL TO ORDER: 6:30 p.m. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-3 B. ROLL CALL: Council: Dave Demo Karen Burnett Shelly Hargens Jose “Chuy” Valerio Mayor: Robert Snow All members of the City Council were present. C. PLEDGE OF ALLEGIANCE: Led by the City Manager. D. INVOCATION: Led by Councilor Burnett. E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None. F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: None. 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 11, 2022 Closed Session and Regular City Council Meeting with any necessary corrections: 3. January 20, 2022 Claim Warrant in the amount of $345,429.96. 4. January 20, 2022 Business License Report. 5. Authorize Payment for Invoice No. 22649 in the amount of $4,697.66 to R.E.Y Engineers for the Olive View School ATP Connectivity Project Engineering and Environmental Services. 6. Authorize Payment of Invoice #22648 in the amount of $6,507.55 to R.E.Y. Engineers for the West Street School ATP Connectivity Project for Engineering and Environmental Services. Councilor Valerio moved to approve Consent Items 1-6; seconded by Councilor Demo. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: Approved by a 5-0 vote. H. ITEMS REMOVED FROM THE CONSENT AGENDA: I. . REGULAR AGENDA: 7. Approve the Letter of Authorization for the Submittal of an Application to the Department of Resources Recycling and Recovery Senate Bill 1383 Local Assistance Grant Program Presented by City Manager Kristina Miller. Following discussion, Councilor Demo moved to approve the Letter of Authorization for the submittal of an application to the Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program. Councilor Burnett seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: Approved by a 5-0 vote. 8.Consider Adoption of a Resolution Pursuant to Assembly Bill 361 allowing the City of Corning City Council to continue to hold meetings remotely without compliance with the provisions of Government Code Section 54953(B)(3). Presented by City Attorney Collin Bogener who explained the various compliance requirements of the above stated Government Code. Following discussion, Councilor Burnett moved to adopt Resolution No. 01-25-2022-01 pursuant to AB 361 allowing the City of Corning City Council to continue to hold meetings remotely without compliance with the provisions of Government Code Section 54953(b)(3). Councilor Hargens seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: Approved by a 5-0 vote. 9.Mayor Snow request for discussion and possible action in regard to differences between Cal OSHA and County of Tehama Quarantine and Isolation Guidelines. Presented by City Manager Kristina Miller who briefly presented the requirements of the Tehama County Public Health Officer and those of Cal OSHA, as well as information received in an email from Tehama County Public Health Officer Dr. Brown. She stated that the past few years have been very THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-3 challenging, the past few weeks have been extremely challenging for the City with employees out on quarantine, sick, etc. City Attorney Collin Bogener then informed the Council of the legal ramifications of not following the County Public Health Officer direction. Following discussion, Mayor Snow moved to follow Cal OSHA Quarantine and Isolation Guidelines for City Staff; Councilor Demo seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: Approved by a 5-0 vote. City Attorney Collin Bogener emphasized to the Council that this action will be placing the City Manager in a very tough spot as in upholding the Council’s decision, she will be going against County law. City Manager Miller emphasized her concern for all City Employees and maintaining service to our public. K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None. L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION: None. M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234). Demo: Reported on the Tehama County Transportation Commission Meeting, the Jelly’s Ferry Bridge replacement ($56 million) should be completed in August; and installation of a “Roundabout” at South Avenue and Hwy. 99E (Caltrans). Burnett: Reported on the Tehama County Solid Waste Management Meeting. Hargens: Reported on attendance at the Tripartite Board Meeting. Valerio: Announced that the Chamber of Commerce Installation Dinner will be held on Saturday at 5:30 p.m. Snow: None. N. ADJOURNMENT: 7:10 p.m. _____________________ Lisa M. Linnet City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

Agenda

CITY COUNCIL CLOSED SESSION AGENDA TUESDAY, JANUARY 25, 2022 CITY COUNCIL CHAMBERS 794 THIRD STREET The City of Corning welcomes you to our meetings, which are regularly scheduled for the second and fourth Tuesdays of each month. Your participation and interest is encouraged and appreciated. In compliance with the Americans with Disabilities Act, the City of Corning will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk’s office (530/824-7033) to make such a request. Notification at least 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 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. A. CALL TO ORDER: 6:00 p.m. B. ROLL CALL: Council: Dave Demo Karen Burnett Shelly Hargens Jose “Chuy” Valerio Mayor: Robert Snow The Brown Act requires that the Council provide the opportunity for persons in the audience to briefly address the Council on the 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 LEGAL COUNSEL – Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code § 54956.9. One Case: a. Name of Case: City of Corning v. Trent Construction, et al. Case No.: CV24394 E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 25, 2022 CITY COUNCIL CHAMBERS IN PERSON AT 794 THIRD STREET OR VIA ZOOM https://us06web.zoom.us/j/9342948553?pwd=WFF2OVdJZnhldTZKRVJwZ1FSTFFTUT09 Meeting ID: 934 294 8553 Passcode: 01252022 OR BY PHONE (720) 707- 2699 Meeting ID: 934 294 8553 Passcode: 01252022 The City of Corning welcomes you to our meetings, which are regularly scheduled for the second and fourth Tuesdays of each month. Your participation and interest is encouraged and appreciated. In compliance with the Americans with Disabilities Act, the City of Corning will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk’s office (530/824-7033) to make such a request. Notification at least 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 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. A. CALL TO ORDER: 6:30 p.m. B. ROLL CALL: Council: Dave Demo Karen Burnett Shelly Hargens Jose “Chuy” Valerio Mayor: Robert Snow C. PLEDGE OF ALLEGIANCE: Led by the City Manager. D. INVOCATION: Led by Councilor Burnett. E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None 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 you wish to have placed on the Agenda. The Commission 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. If the matter is placed on tonight's Agenda, you will have the opportunity later in the meeting to return to the podium to discuss the issue. The law prohibits the Commission from taking formal action on the issue, however unless it is placed on the Agenda for a later meeting so that interested members of the public will have a chance to appear and speak on the subject. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER 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 11, 2022 Closed Session and Regular City Council Meeting with any necessary corrections: 3. January 20, 2022 Claim Warrant in the amount of $345,429.96. 4. January 20, 2022 Business License Report. 5. Authorize Payment for Invoice No. 22649 in the amount of $4,697.66 to R.E.Y Engineers for the Olive View School ATP Connectivity Project Engineering and Environmental Services. 6. Authorize Payment of Invoice #22648 in the amount of $6,507.55 to R.E.Y. Engineers for the West Street School ATP Connectivity Project for Engineering and Environmental Services. H. ITEMS REMOVED FROM THE CONSENT AGENDA: I. . REGULAR AGENDA: 7. Approve the Letter of Authorization for the Submittal of an Application to the Department of Resources Recycling and Recovery Senate Bill 1383 Local Assistance Grant Program 8. Consider Adoption of a Resolution Pursuant to Assembly Bill 361 Allowing the City of Corning City Council to Continue to Hold Meetings Remotely Without Compliance with the Provisions of Government Code Section 54953(B)(3). 9. Mayor Snow Request for Discussion and Possible Action in regards to Differences Between Cal OSHA and County of Tehama Quarantine and Isolation Guidelines 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). Demo: Burnett: Hargens: Valerio: Snow: N. ADJOURNMENT: POSTED: FRIDAY, JANUARY 21, 2022 THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

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