City Council

Item No.: 2-a CITY COUNCIL CLOSED SESSION AGENDA TUESDAY, JULY 12, 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 City Council members were present. C. PUBLIC COMMENTS: None. D. REGULAR AGENDA: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 071-134-008-000 (northwest corner of 4th and Marin St.) Agency Negotiation: Kristina Miller Under Negotiation: Price and Terms E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: 6:30 PM Mayor Snow reported that direction was provided to staff. CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, JULY 12, 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 at (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. B. ROLL CALL: Council: Dave Demo Karen Burnett Shelly Hargens Jose “Chuy” Valerio Mayor: Robert Snow All City Council members were present. C. PLEDGE OF ALLEGIANCE: Led by the City Manager. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: 2-a D. INVOCATION: Led by Councilor Burnett. E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: Renee Beckley stated she has some serious concerns relating to dust from the construction on Solano Street. She stated that the employees from the City’s Public Works Department came out to hose off the sidewalk, however that was a temporary fix. She asked that the City consider incorporate into the project some type of dust controls, such as cleaning off the sidewalks and buildings in front of the affected businesses during the construction period. 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 June 28, 2022 Closed Session & Regular Meetings with any necessary corrections: 3. July 6, 2022 Claim Warrant in the amount of $388,439.85. 4. June 2022 Wages & Salaries: $592,841.81. 5. July 8, 2022 Business License Report. 6. June 2022 Treasurer’s Report. 7. June Building Permit Valuation Report in the amount of $883,417. 8. June 2022 City of Corning Wastewater Operations Summary Report. 9. Approve waiver of Recreational Use Fees for the 12th Annual Tucker Mesker Memorial Scholarship Softball Tournament Fundraiser. Councilor Valerio moved to approve Consent Items 1-9; Councilor Burnett seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Abstain/Absent/Opposed: None. Motion was approved by a 5-0 vote. H. ITEMS REMOVED FROM THE CONSENT AGENDA: None. I. PUBLIC HEARINGS AND MEETINGS: 10. Public Hearing: Extension Request on Tentative Tract Map 20-1001 to create 53 Single-Family Residential Lots located on the west side of Marguerite Avenue just north of the Moon Road/Marguerite Avenue intersection, and south of Maywood School. APN: 073-260-022 & 023, approximately 9.95 acres. Presented by Planner 2 Christina Meeds who stated that Mr. Abel’s project is currently delayed by PG&E. She stated that the City has the final map, however we cannot do anything with it until PG&E completes their portion of the project. The Public Hearing was opened at 6:34pm. With no comments the Hearing was closed at 6:34p.m. Demo/Burnett, approved by 5-0 vote of the Council. J. REGULAR AGENDA: City Attorney Aaron Moore requested the addition to the Agenda of Urgency Initiative Measure Ordinance 700, a proposed Ordinance to amend the Highway 99-W Specific Plan to remove the Initiative Area to allow development of a Grocery Store and Drive-Thru Coffee Shop stating this came before Staff after the Agenda was posted. Mayor Snow moved to add Urgency Ordinance 700 for the Ballot Initiative to the Agenda as Item J-14; Councilor Demo seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Abstain/Absent/Opposed: None. Motion was approved by a 5-0 vote. 1. 11. Adopt Resolution 07-12-2022-01, a Resolution of the City Council of the City of Corning approving the sale of real property located at the northeast corner of Sixth and Yolo Street, APN: 071-131-001-000. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: 2-a Presented by City Manager Kristina Miller who stated that the Resolution before the Council is authorization for the City to sell City vacant property located at the corner of 6th and Yolo Streets. Councilor Burnett moved to adopt proposed Resolution 07-12-2022-01 authorizing the City Manager to execute and finalize the Agreement for the sale of the property located at the northeast corner of Sixth and Yolo Street, APN # 071-131-002-000. Councilor Demo seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Abstain/Absent/Opposed: None. Motion was approved by a 5-0 vote. 12. Approve the following actions associated with the Northside Park Tennis Court/Pickleball Court Resurfacing Project: • Contract Change Order No. 1 in the amount of $5,925 increasing the total contracted project cost with First Serve Productions, Inc. to $90,875; • Payment in the amount of $86,331.25 to First Serve Productions, Inc.; • Authorizing filing and recording of Project Notice of Completion; and • Authorize final payment of the retention funds held in the amount of $4,543.75 35-days following recording of the Notice of Completion. Presented by City Engineer/Public Works Consultant Robin Kampmann. Mrs. Kampmann stated that she would like to delay action on the Notice of Completion, and the retention payment at this time. She would like to move forward with action on the Change Order No. 1; and Payment No. 1. She stated that the Change Order costs would be funded from the Per Capita funds. Councilor Demo moved to approve Contract Change Order No. 1; and approve payment of $86,331.25. Councilor Valerio seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Abstain/Absent/Opposed: None. Motion was approved by a 5-0 vote. 13. Provide direction on participation in County Economic Development Corporation. Introduced by City Manager Kristina Miller, and County Supervisor Bill Moule. Mr. Moule stated that the County is taking COVID-19 Rescue Funds in the amount of $275,000 -$300,000 to seed the establishment of an Economic Development Corporation with and is requesting $50,000 to be contributed by the City’s of Red Bluff and Corning, with an additional $75,000 proposed from the County. He asked if the City of Corning would be interested in contributing and participating in the development of a Tehama County Economic Development Corporation. By consensus of the City Council, this item has been tabled at this time for possible action at a future meeting so that Council can obtain additional information. 14. Added Item: Urgency Ordinance 700 adopting the Initiative Measure relating to amendment of the Hwy. 99W Specific Plan to remove the Initiative Area to allow development of a Grocery Store and Drive-Thru Coffee Shop. Presented by City Manager Kristina Miller and City Attorney Aaron Moore: They explained that on April 21, 2022, a Notice of Intent to Circulate a Petition for the City of Corning for a proposed Initiative Measure was received by the City Clerk. The Initiative seeks to remove the area designated as the Initiative Area from the “Highway 99-W Specific Plan” and convert it to “Commercial” allowing it to be developed into a project that includes a16,000 sq. ft. grocery store and a 950 ft. drive-thru coffee shop. The proponents filed their proof of publication as required, and circulated petitions. The proponents filed the signed petitions with the City of Corning City Clerk’s office who provided a prima facie review of the petitions. The Petition was then sent to the Tehama County Registrar of Voters for the actual review of the signatures and certified as sufficient under the provision of Elections Code Section 9414, signed by not less than 15% of the voters of the City. City Attorney Moore stated that this is added as an Urgency Ordinance order to meet the established time constraints to allow the Ballot Measure to be on the November Elections Ballot. Under the established time constraint, the Ballot Measure and associated Ordinance must be presented to the County Elections Department no later than Monday, July 18, 2022. If received after that date, it would have to be calendared as a stand-alone Ballot Measure greatly increasing the cost to the City and taxpayers. He explained that, as an Urgency Ordinance, if adopted, the THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: 2-a Urgency Ordinance will become effective immediately upon adoption. He further explained now that the Petition has been certified, Elections Code Section 9214 offers the Council three options: 1. Adopt the Measure without alteration at this meeting. The effect of this measure would be to convert the Initiative Area from “Highway 99-W Specific Plan” to Commercial to permit the development of a grocery store and drive-thru coffee shop; 2. Present the Measure to the Voters at the first available Special City Election; or 3. Order a report pursuant to Section 9212 of the Elections Code which allows for a study of its fiscal impact, its effect on various land use matters, such as the General Plan, Specific Plans, Infrastructure, or other matters the Council requests. The report must be completed within a 30-day period, at which time the report then returns, and the Council may either adopt the Measure, or order it to a Special Election. If a Special Election is chosen, the Registrar of Voters will set a date between 99 and 103 days of the date that the Council calls for an Election. That would result in the Election taking place on the first Tuesday after the first Monday in November of 2022 per Elections Code Section 1000. Cost of a Special Election in November would be $10,000-$15,000. Former Mayor and project proponent Gary Strack stated that the City needs businesses and as attested by the signatures collected, the residents are in support of this establishment. Councilor Demo having received certification of sufficiency of the Initiative Petition moved to adopt Urgency Ordinance 700 without alteration; Councilor Burnett seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Abstain/Absent/Opposed: None. Motion was approved by a 5-0 vote. Councilor Demo moved to waive reading, except by title, of Ordinance 700 per Government Code Section 36934. Councilor Hargens seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Abstain/Absent/Opposed: None. Motion was approved by a 5-0 vote. City Clerk Lisa Linnet then, for the record, read Ordinance 700 by title. 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: None Burnett: Announced that the Senior Center is now opened every weekday from 10am to 12:30pm and is serving lunch. Hargens: Stated that she played Pickle Ball and helped with the painting of the Holistic Playground at Clark Park. Valerio: Nothing Snow: Nothing. N. ADJOURNMENT: 7:15pm. _______________________ Lisa M. Linnet, City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER