City Council

Item No.: G-2 CITY COUNCIL CLOSED SESSION MINUTES TUESDAY, JUNE 14, 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: 5:30 p.m. B. ROLL CALL: Council: Dave Demo Karen Burnett Shelly Hargens Jose “Chuy” Valerio Mayor: Robert Snow All members of the Council were present except Mayor Snow. C. PUBLIC COMMENTS: D. REGULAR AGENDA: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 071-131-001 (Sixth and Yolo St.) Agency Negotiation: Kristina Miller Under Negotiation: Price and Terms 2. 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 3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO SECTION 54957.6: Agency Negotiator: Greg Einhorn, Labor Relations Consultant Management Bargaining Unit, Miscellaneous Bargaining Unit, Public Safety Bargaining Unit, and Dispatch Bargaining Unit E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: 6:30 PM Vice Mayor Demo announced that there were no reportable actions. CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, JUNE 14, 2022 CITY COUNCIL CHAMBERS 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 IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 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: 6:35 p.m. B. ROLL CALL: Council: Dave Demo Karen Burnett Shelly Hargens Jose “Chuy” Valerio Mayor: Robert Snow All members of the Council were present except Mayor 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: Rosie Flores stated she had approached Planner II Christina Meeds to ask about a Stationary Food Truck Ordinance and was informed that the City currently does not have one. She is now approaching Council to request that a Stationary Food Tuck Ordinance be established in the City. She stated that she has two businesses located in Corning and has put a substantial amount of money into both to meet the required standards. She asked why she and other food related business owners/operators are required to abide by various requirements, yet these others are not, how is that fair? She stated she is not against food trucks, however they should be regulated and allowed in a specific place. She provided some information she obtained by contacting other jurisdictions regarding this issue. She was informed that the City is currently working on a mobile food vending ordinance. 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 May 24, 2022 Meeting with any necessary corrections: 3. June 8, 2022 Claim Warrant in the amount of $613,760.92. 4. May 2022 Wages & Salaries: $389,098.17. 5. June 8, 2022 Business License Report. 6. May 2022 Treasurer’s Report. 7. May Building Permit Valuation Report in the amount of $1,611,183. 8. May 2022 City of Corning Wastewater Operations Summary Report. 9. Authorize payment of Invoice #23137 in the amount of $13,050 to R.E.Y. Engineers for the West Street School ATP Connectivity Project Engineering and Environmental Services. 10. Authorize payment of Invoice #23138 in the amount of $33,250 to R.E.Y. Engineers for the Olive View ATP Connectivity Project Engineering and Environmental Services. 11. Adopt Ordinance No. 698 and Summary; an Uncodified Ordinance of the City Council of the City of Corning adopting a Policy to provide guidelines for the approval, acquisition, and reporting requirements for military equipment. (Second Reading & Adoption). THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 Councilor Valerio moved to approve Consent Items 1-11; Councilor Burnett seconded the motion. Ayes: Demo, Burnett, Valerio, and Hargens. Absent: Snow. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Snow absent. H. ITEMS REMOVED FROM THE CONSENT AGENDA: None. I. PUBLIC HEARINGS AND MEETINGS: None J. REGULAR AGENDA: 12. Approve Agreement between the City of Corning and Gregory P. Einhorn for Labor Negotiations Services. Presented by City Manager Kristina Miller who stated that via a Professional Services Agreement, Mr. Einhorn provided these same services during the previous negotiations and has agreed to provide the same services at the same rates/provisions as listed in the previous Agreement. Councilor Burnett moved to approve the proposed Agreement between the City and Greg Einhorn for Labor Negotiation Services and authorize the City Manager to sign the Agreement on behalf of the City. Councilor Hargens seconded the Motion. Ayes: Demo, Burnett, Valerio, and Hargens. Absent: Snow. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Snow absent. 13. Approve annual Agreement and Membership with 3CORE Economic Development District at a cost of $7,500. Presented by City Manager Kristina Miller who outlined some of the services 3CORE has provided to the City in past years through our membership and Agreement. She confirmed that the proposed Agreement/Membership shows no rate increase. Councilor Hargens moved to approve the annual participation in 3CORE and authorize payment on July 1, 2022 to 3CORE for the City’s share of the local Grant Match in the amount of $7,500 from Fund 001-7408-4010 Economic Development. Councilor Burnett seconded the motion. Ayes: Demo, Burnett, Valerio, and Hargens. Absent: Snow. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Snow absent. 14. Adopt Resolution No. 06-14-2022-02, a Resolution finding that the issuance of a Liquor License to Nancy Murray for her business at 1301 Solano St. is a “Public Convenience or Necessity”. Presented by City Attorney Collin Bogener who stated that the License type has been changed from a Type 20 to a Type 48 allowing for all types of alcohol on site and is not limited to just wine and beer. Councilor Burnett moved to adopt Resolution No. 06-14-2022-04, a Resolution finding that the issuance of a Liquor License to Nancy Murray is a “Public Convenience or Necessity”; and direct Staff to issue a letter to ABC informing of City Council findings. Councilor Hargens seconded the motion. Ayes: Demo, Burnett, Valerio, and Hargens. Absent: Snow. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Snow absent. 15. Presentation of the Fiscal Year (FY) 2022-2023 Program of Service and Annual Budget. Presented by City Manager Kristina Miller who stated that this year two budgets have been created. One is “As-Is”; the other includes costs for additional staff. She then provided the following summary: • The total projected budget revenues, excluding transfers is $16,067,075. • The total budget expenditures, excluding transfers is $18,850,726 for the “As-Is Budget, and $19,059,660 with the added personnel. • The anticipated General Fund Revenues/Transfers-In and Measure “A” Revenues are expected to total $7,482,100 and $1,350,000 respectively. • The “As-Is” Budget Proposal projects the General Fund and Measure “A” budgeted expenditures to be: $7,641,232 and $1,353,000 respectively. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 • The “Added Personnel” Budget proposal projects General Fund and Measure “A” budgeted expenditures to be: $7.808,478 and $1,353,000 respectively. • The As-Is Budget and the Added Personnel Budget project General Fund Reserves will decrease by $159,132 and $326,378 during FY 2022-2023. Measure A Fund Reserves will decrease by $3,000 during FY 2022-2023. City Manager Miller then summarized some of the budgeted expenditures such employee raises already approved; current consultant fees; and 6 months of Recreation Programs costs. She also stated that the City projects: • Transient Occupancy Tax (TOT) revenue to remain flat in FY 2022/23 due to fuel prices. • Property Tax at $734,500 for FY 2022/23 or about 8% over what was budgeted for FY 2022/23 based on current year receipts. • Vehicle License Fees (VLF) to be $760,00 for FY 2022/23 due to inflation. • Other Revenue Funds are anticipated to be $8,739,540 which is higher than previous years due to increases in grant revenue; these funds make up 54.4% of the City’s total revenues. She stated that there are four items of concern that could potentially result in the City needing to increase water and sewer rates beyond the already approved and scheduled increases. They are: • Extreme drought, as residents/businesses conserve water, the City experiences reductions in revenue. Since water consumption has not fully recovered since the last drought, it is not known how much residents/businesses will further reduce their water use. The proposed budget assumes no increases or decreases in water consumption; • Additions to personnel will result in the need to increase water rates by an additional 0.50% in the fiscal years end 2024-2027. Sewer rates will also need to be increased by an additional 1.0% beginning FY end 2024-2026. • The City needs to install a new City well in the next few years; while there are potential grant opportunities available, if the City is not successful, we will need to raise water rates to support the additional infrastructure. • Capital Replacement needs for the water and sewer system infrastructure. She concluded by providing information on personnel costs which on average are 75% of General Fund expenditures, rising pension debt (otherwise known as the unfunded accrued liability (UAL)) and possible ways to cut these costs. Discussion & Informational Item Only – No action at this time. 16. Resolution 06-14-2022-03 adopting the Fiscal Year 2022/2023 Street Project List that will utilize SB-1 Funding; the Road Repair and Accountability Act of 2017. Presented by City Engineer/Public Works Consultant Robin Kampmann who explained that Senate Bill 1 (SB1) refers to funding under the Road Repair and Accountability Act of 2017 which enables Cities and Counties to address significant maintenance, rehabilitation, and safety needs on local streets. Agencies receive funding allocations over a 10-year period which is meant to accelerate road maintenance projects. Prior to receiving funds, each Agency must annually submit a project list that is to be funded by SB1 – Road Maintenance and Rehabilitation Account (RMRA). The proposed locations for the City of Corning road/street projects for FY 2022/23 are: • Almond Street between Peach St. and Marguerite Ave.; • Fig St. between Almond St. to Fig Lane. Proposed carryover projects from FY 2021/22 are: • El Verano Ave. between McLane Ave. and Hoag Rd.; • Del Norte Ave. between McLane Ave. and Hoag Rd.; • El Paso Ave. between McLane Ave. and Hoag Rd.; • Divisadero Ave. between Fripp Ave. and El Paso Ave.; and THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 • McLane Ave. between McLane Circle and El Paso Ave. In order to receive the funding, the City must annually expend from its General Fund for Street and Road purposes an amount not less than the annual average of its expenditures for its General Find during fiscal years 2009 through 2012 (known as the Maintenance of Effort or MOE). If the City fails to meet the MOE in a fiscal year, it can be made up the following fiscal year. The City’s required MOE to meet State set Standards is $234,447. Councilor Burnett moved to adopt Resolution No. 06-14-2022-03 adopting the Fiscal Year 2022/2023 Street Project List that will utilize SB1 Funding, the Road Repair and Accountability Act of 2017. Councilor Hargens seconded the motion. Ayes: Demo, Burnett, Valerio, and Hargens. Absent: Snow. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Snow absent. . 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: Stated he attended the Senior Center Meeting, and on Saturday attended the Recreation Department’s Flag Football Game and toured the new playground area. Burnett: Senior Center is set to open for lunches again on July 1st. Hargens: Nothing Valerio: Announced the upcoming 75th Annual Olive Festival & Car Show on Saturday, October 8, 2022 from 10a, to 3pm at Corning Community Park and Lennox Fields. Snow: Absent. N. ADJOURNMENT: 7:16 p.m. ________________________ Lisa M. Linnet, City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER