City Council

Item No.: G-3 CITY COUNCIL CLOSED SESSION MINUTES TUESDAY, SEPTEMBER 13, 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 Council were present. C. PUBLIC COMMENTS: None. D. REGULAR AGENDA: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 071-134-008-000 Agency Negotiator: Kristina Miller, City Manager Negotiating Parties: David Rodgers Under Negotiation: Terms of Lease E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: 6:30 p.m. Mayor Snow reported that direction was given to Staff. CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, SEPTEMBER 13, 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 members of the City Council were present. C. PLEDGE OF ALLEGIANCE: Led by the City Manager. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-3 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 August 23, 2022 Regular City Meeting with any necessary corrections: 3. September 7, 2022 Claim Warrant in the amount of $682,068.86. 4. August 2022 Wages & Salaries: $413,928.50. 5. September 7, 2022 Business License Report. 6. August 2022 Treasurer’s Report. 7. August Building Permit Valuation Report in the amount of $2,758,214. 8. August 2022 City of Corning Wastewater Operations Summary Report. 9. Approve waiver of Recreational Use Fees for the Corning Union High School Co-Ed Softball Program Fundraiser at Yost Park November 19th and 20th. 10. Ordinance 699, an Ordinance amending Chapter 5.50 of the Corning Municipal Code pertaining to Street Vending. (2nd Reading and adoption). 11. Authorize Payment of Invoice #187105 to PSOMAS in the amount of $41,827.55 for construction management and inspections during the Solano Street Improvement Project. Councilor Valerio moved to approve Consent Items 1-11; Councilor Burnett seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. H. ITEMS REMOVED FROM THE CONSENT AGENDA: None. I. PUBLIC HEARINGS AND MEETINGS: None. J. REGULAR AGENDA: 12. Approve proposed Tentative Parcel Map 2022-0008: Salvador Magana, a map to create a new parcel at 820 Chestnut St., APN No.: 073-134-006. Presented by City Planner II Chrissy Meeds who stated that an application was submitted by Salvador Magana to split his parcel at the southwest corner of (820) Chestnut and First Streets. She stated that there is currently a house, detached garage, and two sets of single apartments located on this parcel. The proposed Tentative Map 2022-0008 proposes to create a new parcel for the existing house and garage, and a separate parcel for the apartments. His goal is to sell the house and use the funds from the sale to renovate the apartments. The Planning Commission, by a 4-0 vote at the August 16th Planning Commission Meeting, approved the recommendation to City Council to approve Tentative Map 2022-0008. An audience member asked about the curb, gutter, sidewalk, and fencing requirements; Ms. Meeds responded. Councilor Demo moved to approve and adopt the 3 Factual Subfindings and Legal Findings as presented in the Staff Report and approve Tentative Parcel Map 2022-0008. Councilor Burnett seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 13. Approve City Time Clock Policy. This item was presented by City Manager Kristina Miller who stated that the City had met with Operating Engineers Business Representative Art Frolli (who represents each of the Union Bargaining Units) regarding the Policy. As a result of the discussion, she stated the City removed specific disciplinary actions discussed in the Policy. She confirmed that in so doing, it does not prevent the City from imposing discipline under the City’s Personnel Rules and Regulations which applies to all policies implemented by THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-3 the City. She stated that all terminals have been installed and as part of the implementation process, Department Heads will continue to receive management user training, and all employees will also be trained int the use of the timeclock system. Approval of the Time Clock Policy will create a more efficient and accurate time record keeping and scheduling process within the City. Mayor Snow confirmed that Department Heads would be reviewing employee timecards before being sent to Accounting Manager Mary Brimm. Councilor Burnett moved to approve the Time Clock Policy as presented; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 14. Authorize Payment to Shape Incorporated for the emergency repair work on the screw pump at the Wastewater Treatment Plant in the amount of $59,949.23. Public Works Consultant/City Engineer Robin Kampmann presented this item stating that in mid-March, City Staff was contacted by Inframark Plant Manager Mitch Ampi to report a malfunctioning influent screw pump at the Wastewater Treatment Plant. Mr. Ampi solicited emergency evaluation and repair services from Shape Incorporated and it was determined that the upper and lower bearings in the screw pump were going out requiring the pump to be taken offline. This is one of two pumps that lift wastewater to a higher tower pushing the waste through the plant. Under normal conditions these two pumps operate alternately, however during high peak flows, the pumps will operate simultaneously. It was determined that the lead time for the bearings was approximately 6-8 weeks from the time of ordering in addition to scheduling the removal of the pump and the repair. Replacement of the bearings and getting both pumps up and operational was critical prior to the upcoming wet season and anticipated rainfall as it is not recommended to operate the WWTP without both pumps being fully operational during the high flows. Mrs. Kampmann stated that due to the urgency, this service event is recommended for an exemption from the formal bid procedures under City Municipal Code 3.12.082. A mid-year budget adjustment will be required transferring additional funding to budget account 380-9206-5250 Sewer Improvements/Capital Replacement for this emergency repair. Mrs. Kampmann stated due to the urgency, the pump was installed 2 weeks ago and is now up and running. She then responded to questions by Mayor Snow and Vice Mayor Demo. Councilor Demo moved to authorize payment to Shape Incorporated in the amount of $59,949.23 from budget line item 380-9206-5250 and accept the event as an exemption from City Municipal Code 3.12.080 – Purchasing Procedures. Councilor Burnett seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 15. Approve Payment of Retention Funds to First Serve Productions, Inc. for the Northside Park Tennis Court/Pickleball Court Resurfacing Project in the amount of $4,543.75 and approve the Notice of Completion. Presented by Public Works Consultant/City Engineer Robin Kampmann who stated that we still have some bubbling that is not a huge concern, but we are watching it. She confirmed that there is a warranty period of a year. Councilor Hargens stated that the bubbling seems to appear during specific times, she will monitor and will keep staff informed. Councilor Hargens moved to approve the Northside Park Tennis Court/Pickleball Resurfacing Project Notice of Completion and authorize the City Clerk to record the Document with the County Clerk and Recorder; and approve payment of Retention Funds held in the amount of $4,543.75 following recording of the Notice of Completion. Councilor Demo seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 16. Discussion and approve new Community Public Art Program. Recreation Coordinator II/Planner II Chrissy Meeds presented this item stating that the proposed Program is a startup Program designed to introduce the idea of public art, if successful, it can expand from there. At this time Staff is proposing to issue a “Call for Local Artists” to transform the City of Corning’s Utility Box cabinets located throughout the City, and the trash cans located at Corning Community Park and Lennox Fields. If approved, the Program will be introduced to the public on September 16th with applications and submitted artwork due by October 17th. The artist renderings will be presented for Council selection at the THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-3 October 25th City Council Meeting. Consideration of proper paint type to ensure minimal fading was discussed. Councilor Demo moved to approve the new Community Public Art Program; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 17. Resolution No. 09-13-2022-01, a Resolution establishing a Street Vending Application Fee of $250. Presented by City Attorney Collin Bogener who stated the City is authorized to adopt and impose use and regulatory fees and charges for the municipal services and activities it provides, however such fees may not exceed the reasonable costs of providing the service or performing the activity. He further stated that Ordinance No. 699 has been presented tonight for second reading and adoption and upon adoption will amend Chapter 5.50 of the Corning Municipal Code pertaining to “Street Vending” to include the requirement that applicants seeking to operate as a Street Vendor pay a regulatory fee of $250. Councilor Burnett moved to adopt Resolution 09-13-2022-01, a Resolution establishing a Stret Vending Application Fee of $250 for a Street Vending Application in compliance with the Corning Municipal Code; Councilor Demo seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 18. Approve USDA Grant Match for Interstate-5 Feasibility Study in the amount of $5,000. City Manager Kristina Miller presented this item stating as the State continues to move away from gas powered vehicles, the City will experience reductions in gas sales tax revenue. It is important for the City to expand its sales tax base for long-term economic sustainability. 3CORE, on behalf of the cities of Corning and Orland, applied for and was awarded a Rural Business Development Grant in the amount of $60,000 through the United States Department of Agriculture to complete a feasibility study of the Interstate 5 Corridor, however, there is a $5,000 grant match required. The purpose of the study is to identify available sites for goods movement, logistics, and all types of business industries that would be aptly suited for this area and could lead to economic growth and job creation. The goal is to create a road map for planning purposes to attract new business investment and create high wage job opportunities. The completion of the study will also allow the City to apply for other USDA infrastructure grants. Councilor Hargens moved to approve a USDA Grant Match in the amount of $5,000 to support an Interstate 5 Feasibility Study and allocate $5,000 from General Fund Reserves to 001-6300-4010. Councilor Burnett seconded the motion. Ayes: Snow, Demo, Burnett, Valerio, and Hargens. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 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 he had no meetings. Burnett: Reported that the movie scheduled to be shown at the Theater has been cancelled due to the road construction, but it will be held next month. She also reported that the Senior Center now has a bowling team. Hargens: Announced that she has a Community Action Tripartite Board Meeting this week. Valerio: Stated he has nothing to report. Snow: Stated he has nothing to report. City Manager Kristina Miller reported the Awning Grant Program will be live September 15th; information and application can be found on the City’s Website under Economic Development, Awning Grant Program. N. ADJOURNMENT: 7:05 p.m. _____________________ Lisa M. Linnet, City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER