City Council

Item No.: G-3 a b &c SPECIAL JOINT MEETING MINUTES OF THE CITY COUNCIL and CITY COMMISSIONS OF THE CITY OF CORNING TUESDAY, FEBRUARY 28, 2023 LOCATION: City Hall Council Chambers 794 Third Street Corning, CA A. CALL TO ORDER: 5:05 p.m. B. ROLL CALL: City Council: Planning Commission: Robert Snow., Mayor Diana Robertson, Chairperson Dave Demo Frank Barron Jose “Chuy” Valerio Melodie Poisson Shelly Hargens Brant Mesker Lisa Lomeli Cody Lamb Recreation Commission: Airport Commission: Christine Fears, Chairperson Barbara Boot, Chairperson Meredith Allen Louis Davies Delores Smith Jack Beck Blaine Smith Richard Poisson Vacant Vacant Library Commission: Judy Turner, Chairperson Susan Olson-Higgins Carol Mueller Sandy Sehorn Laura Calkins Each entity (City Council, Planning, Airport, Recreation, & Library Commission) called the Special Joint Meeting to order and took roll of those in attendance: City Council: All members of the City Council were present. Planning Commission: Robertson, Barron, & Poisson were present; Mesker & Lamb absent. Airport Commission: All members were present. Recreation Commission: Fears & May present, Allen & Smith absent. Library Commission: Turner & Sehorn were present; Olson-Higgins, Mueller, & Calkins absent. C. PUBLIC COMMENTS: None D. INSTRUCTION & PRESENTATION BY CITY ATTORNEY: 1. Information for City Council and Commission Members on the Brown Act, City Council/Commission Meeting Procedures, Rosenberg’s Rules of Order, and Conflict of Interest, etc.) City Attorney Collin Bogener provided a PowerPoint Presentation on the Brown Act (when, who, and why it was enacted) and the various legal rules and regulations associated with this Act. He also provided the City adopted Council/Commission Meeting Procedures, Rosenberg’s Rules of Order, and Conflict of Interest information. He explained that a quorum is necessary to take any action during a meeting (majority, in our case 3), definition of serial meetings and associated legal limitations and possible legal repercussion of violations, importance of proper agenda item descriptions and Agenda titles (i.e. Regular Meeting, Emergency Meeting, etc.) and legal timeframes for posting (Regular Meetings 72 hours prior; etc.). Planning Commissioner Cody Lamb entered the meeting at 5:23 p.m. E. ADJOURNMENT!: 6:05 p.m., each entity individually closed the meeting (i.e. Council, Planning, Recreation, Airport, and Library Commission.) _______________________ City Clerk, Lisa M. Linnet CORNING CITY COUNCIL MEETING MINUTES TUESDAY, FEBRUARY 28 2023 CITY COUNCIL CHAMBERS IN PERSON AT 794 THIRD STREET This is an Equal Opportunity Program; Federal Law prohibits discrimination. 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 Jose “Chuy” Valerio Shelly Hargens Lisa Lomeli Mayor: Robert Snow THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-3 a b &c All members of the Council were present. C. PLEDGE OF ALLEGIANCE: Led by the City Manager. D. INVOCATION: Led by Karen Burnett. E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: City Manager Kristina Miller introduced City full-time Building Official Kale Graham and stated that Kale comes to the City with 25 years of construction experience. F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: James White: Addressed the Council on behalf of the POA (Police Officers Association). He stated that he was speaking tonight because the POA wanted to provide the Council with information regarding the POA’s concerns. He acknowledged that the POA was currently in labor negotiations with the City and then stated the POA’s concerns, such as: • Employee retention; siting that “The reason this department has been able to retain qualified Officers is because until recently the City of Corning paid significantly more than surrounding agencies.” • POA feels that “we bargained in good faith and were willing to negotiate. However, the POA feels that Kristina Miller representing the City was not as open to negotiating.” • Referenced a 2019 POA grievance filed against the City Manager for altering POA employee time sheets without their knowledge, an unfair labor practice charge was filed by the Union with the California Public Relations Board (PERB) against the City. This grievance was later withdrawn following a settlement reached whereby the City agreed to compensate each member with a one-time lump sum ($350) and posting of the Settlement Notice for 30 days. • The City’s Measure “A” Tax Initiative, and how those funds were expended. • The 1.8 million in Covid Relief “ARPA” Funds the City received and how this funding has/is being spent noting that “many agencies in our surrounding area compensated their Police Officers or first responders with hazard pay”. • In conclusion stated that “we, the POA have deliberated heavy heartedly and unanimously decided to publicly cast a vote of no confidence for the City Manager Kristina Miller.” Mike Casey: Tehama Street resident stated the street has been patched over the years and asked when it would be repaved/resurfaced. Mayor Snow directed him to come in on Monday or Wednesday to meet with Public Works Consultant/Engineer Robin Kampmann to discuss. 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 February 14, 2023 City Council Meeting with any with any necessary corrections: 3. February 22, 2023 Claim Warrant in the amount of $365,772.02. 4. February 22, 2023 Business License Report. 5. Adopt Resolution 02-28-2023-01 authorizing the City Manager or Designee, and the City Engineer to execute Right-of-Way Certifications for Transportation Projects involving State and/or Federal Funding. 6. Adopt Resolution 02-28-2023-02 accepting the Board of State and Community Corrections’ Officer Wellness and Mental Health Grant in the amount of $15,000. 7. Approve Amendment No. 2 to Agreement with the County of Tehama for Compensation to the City for Janitorial Services at the City Transportation Center Bus waiting area. Councilor Valerio moved to approve Consent Items 1-7; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. 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: 8. Award Bid for the Jennings Heights Subdivision Road Maintenance and Rehabilitation Project to Pavement Coatings, Inc. in the amount of $431,680 and authorize Staff to execute the Contract. Councilor’s Demo & Lomeli recused themselves from voting on this item due to the fact both reside within the area; each then left the Council Chambers until after the discussion/vote were completed. Public Works Consultant/Engineer Robin Kampmann presented this item and Mayor Snow confirmed the roads to receive work and type of work being done. Council Hargens moved to award the Bid for the Jennings Heights Subdivision Road Maintenance and Rehabilitation Project to Pavement Coatings, Inc. in the amount of $431,680 and authorize Staff to execute the Contract. Councilor Valerio seconded the motion. Ayes: Snow, Valerio, and Hargens. Abstain: Demo and Lomeli. Absent/Opposed: None. Motion was approved by a 3-0 vote with Demo and Lomeli abstaining. Councilors Demo and Lomeli rejoined the meeting. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-3 a b &c 9. Review and adopt the proposed City of Corning Electronic LED Message Board Policy. City Manager Kristina Miller presented this item stating that we anticipate receiving numerous requests. She stated the proposed Policy clarifies the types of messages, length of time the messages will be displayed, etc. She stated at this time Staff proposes not charging for posting messages. Councilor Demo asked if the Paskenta Community Hall Events would be acceptable. Mayor Snow stated that not all events benefiting the Community are by non-profits. He specifically noted Richfield School and Paskenta fundraising dinners, Rancho Tehama events, etc. acknowledging that although these areas are not within the City, they support our community. City Manager Miller confirmed with Council their desire to modify the Policy to include surrounding schools, events. Mayor Snow suggested utilizing the Corning High School District as the perimeter; by consensus it was agreed to use the Corning High School District for the perimeter. Mayor Snow moved to approve the Policy with the corrected wording: “Any educational, cultural, or recreational event taking place in the City of Corning, as well as areas included in the Corning High School District, that is sponsored by a local community-based organization.” Councilor Demo seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. Absent/Abstain/Opposed: None. Motion was approved by a 5-0 vote. 10. Seek direction from City Council on Department of Alcoholic and Beverage Control, Public Convenience or Necessity. Presented by Planner II Christina Meeds. Ms. Meeds presented information on the steps previously required as well as the three options presented by the Department of Alcoholic and Beverage Control (ABC) on the determination process for Public Convenience or Necessity (PCN). She stated that the City currently is over saturated. Councilor Lomeli asked some questions regarding the process. Mayor Snow confirmed the past process and estimated time before the requesting business received a decision as being up to 6-weeks. He acknowledged that should the City Council choose Option 2, it would expedite the process and allow, in some cases, businesses to open sooner. Councilor Demo stated his belief that this should be a decision of the Council. Following further discussion, Councilor Lomeli moved to approve Option 2, to direct the City Manager or Designee of the City of Corning to make the determination of PCN on future ABC Licenses on approvals only, all denials are to come before the City Council. Councilor Valerio seconded the motion. Ayes: Snow, Valerio, Hargens, and Lomeli. Opposed: Demo. Absent/Abstain: None. Motion was approved by a 4-1 vote with Demo opposing. 11. Approve Agreement with T-Mobile West, LLC for Ground Lease Space at the Clark Park Telecommunications Tower site. Presented by City Manager Kristina Miller. Mayor Snow confirmed that the gate into the playground would be moved. An audience member asked if the funds received from this lease could be used to maintain Clark Park; Mayor Snow confirmed that that it is possible and whether it would need to be brought back before Council. He was informed that it would need to be brought back as how the funds resulting from the Lease were to be spent was not listed on the Agenda. With no further discussion, Councilor Demo moved to approve the proposed Agreement with T- Mobile LLC as presented and authorize the City Manager to sign the Agreement. Councilor Hargens seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. 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: Announced that the Tehama County Transportation Commission (TCTC) Meeting was cancelled. He stated that he attended the Public Safety Awards Dinner; and reported on the Senior Center Board Meeting. Valerio: Announced the March 9th “Corning in the Evening” to be hosted by Banner Bank. Hargens: Stated she had no meetings but will have one next week. She stated she also attended the Public Safety Award’s Dinner hosted by the Exchange Club. Lomeli: Announced that she met with the Police Department last week. Currently she is organizing the easter egg hunt and the event will be relocated to Clark Park this year. Snow: No meetings but he did attend the new park groundbreaking across the street. N. ADJOURNMENT: 7:26 p.m. ___________________________ Lisa M. Linnet, City Clerk CITY OF CORNING SPECIAL CITY COUNCIL CLOSED SESSION MINUTES TUESDAY, FEBRUARY 28, 2023 CITY COUNCIL CHAMBERS 794 THIRD STREET THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-3 a b &c This is an Equal Opportunity Program; Federal Law prohibits discrimination. Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250. A. CALL TO ORDER: Directly following the Regular City Council Meeting. B. ROLL CALL: Council: Dave Demo Jose “Chuy” Valerio Shelly Hargens Lisa Lomeli Mayor: Robert Snow All members of the Council were present. C. PUBLIC COMMENTS: None. D. REGULAR AGENDA: 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO SECTION 54957.6: Agency Negotiator: Greg Einhorn, Labor Relations Consultant Bargaining Unit: Public Safety. E. ADJOURN TO CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: 7:45 p.m. Mayor Snow reported that the Council provided Staff with direction. _____________________________ Lisa M. Linnet, City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER