City Council

Item No.: G-2b CITY OF CORNING CITY COUNCIL CLOSED SESSION MINUTES TUESDAY, MAY 23, 2023 CITY COUNCIL CHAMBERS 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. In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at 530/824-7033 or via email at llinnet@corning.org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. A. CALL TO ORDER: 5:00 p.m. B. ROLL CALL: Council: Dave Demo Jose “Chuy” Valerio Shelly Hargens Lisa Lomeli Mayor: Robert Snow All members of the City Council were present. The Brown Act requires that the Council provide the opportunity for people 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. Public Employment (Pursuant to Government Code § 54957) Title: City Manager 2. Public Employment (Pursuant to Government Code § 54957) Title: Public Works Director 3. Liability And Workers’ Compensation – Request For Authority: Pursuant to Government Code § 54956.9. Corry vs. City of Corning E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: 6:30 p.m. Mayor Snow reported that Staff was provided direction on all three Closed Session Items. CITY OF CORNING CITY COUNCIL MEETING MINUTES TUESDAY, MAY 23, 2023 CITY COUNCIL CHAMBERS 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. In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at 530/824-7033 or via email at llinnet@corning.org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2b A. CALL TO ORDER: 6:30 p.m. B. ROLL CALL: Council: Dave Demo Jose “Chuy” Valerio Shelly Hargens Lisa Lomeli Mayor: Robert Snow All members of the City Council were present. C. PLEDGE OF ALLEGIANCE: Led by the City Manager. D. INVOCATION: Led by Councilwoman Shelly Hargens. 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 May 9, 2023 City Council Regular Agenda Meeting with any with any necessary corrections. (Pulled, to be presented at next meeting). 3. May 17, 2023 Claim Warrant in the amount of $331,934.58. 4. May 17, 2023 Business License Report. 5. Approve annual Agreement and Membership with 3CORE ECONOMIC DEVELOPMENT DISTRICT at a cost of $7,500. 6. Authorize payment of invoice #24632 in the amount of $514 to R.E.Y. Engineers for the West Street School ATP Connectivity Project Engineering and Environmental Services for work completed between April 1, 2023 and April 30, 2023. 7. Authorize payment of invoice #24633 in the amount of $822 to R.E.Y. Engineers for the Olive View School ATP Connectivity Project Engineering and Environmental Services for work completed between April 1, 2023 and April 30, 2023. 8. Approve Plans and Specifications and authorize Staff to solicit Bids for the West Street School Connectivity Project. 9. Approve Plans and Specifications and authorize Staff to solicit Bids for the Olive View School Connectivity Project. 10. Approve payment of invoice No. 6 to Walberg, Inc. in the amount of $5,633.78 for the Solano Street Improvement Project. Councilor Demo moved to approve Consent Items 1, and 3-10 (Item 2 was pulled from the Agenda). Councilor Hargens seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. Opposed/Absent/Abstain: None. Motion was approved by a 5-0 vote. H. ITEMS REMOVED FROM THE CONSENT AGENDA: I. PUBLIC HEARINGS AND MEETINGS: 11. Use Permit 2022-301: Henry Telliz Appeal of Use Permit Revocation. This item was presented by City Manager Kristina Miller who stated that on March 16, 2022 the Corning Planning Commission approved Use Permit 2022-301 permitting the establishment of a residence in an M-1 Industrial Zone within an existing building located at 1577 Second Street owned by Mr. Telliz. The Use Permit was granted with eighteen (18) Conditions of Approval, one of which required that all work listed in the Conditions of Approval must be completed within one (1) year of issuance of the Use Permit. To date none of the Conditions have been met. She then briefly provided a chronology of contacts and discussions leading up to today. The Public Hearing THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2b was then opened. Applicant was present and provided a statement to the City Council via translator. Following comments, the hearing was closed. Councilor Demo moved to uphold the Corning City Planning Commission decision to adopt the following 4 Factual Subfindings and 4 Legal Findings: Factual Subfinding #1 The California Environmental Quality Act Guidelines provides for the Categorical Exemptions of certain minor projects. Section 15321 Enforcement by Regulatory Agencies Class 21 consists of: (a) Actions by a regulatory agency to enforce or revoke a Lease, Permit, License, Certificate, or other Entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following: (2) The adoption of an administrative decision or order enforcing or revoking the Lease, Permit, License, Certificate, or Entitlement for use or enforcing the general rule, standard, or objective. Legal Finding #1 The Revocation of Use Permit 2022-301 is an administrative decision by the Corning Planning Commission and categorically exempt from CEQA pursuant to Section 15321, Class 21 (a) (2). Factual Subfinding #2 Use Permit 2022-301 was granted to allow a residence in a commercial building in a Zoning District known as M-1 Light Industrial so that Mr. Telliz could live and run his business in the same location. Legal Finding #2 On March 31, 2023 (the deadline to meet all conditions), Mr. Telliz asked for an extension in order to comply with the Permit Conditions. An inspection conducted by City Staff revealed that Mr. Telliz has not, since the issuance of the Use Permit in March of 2022, made any efforts to meet compliance with the stipulated 18 Conditions of Approval of the Use Permit. Factual Subfinding #3 The applicant (Mr. Telliz) failed to comply with the 18 Conditions of Approval associated with Use Permit 2022-301 within the time stipulated in said Permit. Legal Finding #3 The continued residential use of the building at 1577 Second Street will be detrimental to the public health and safety of the occupants and in violation of the use that was granted (subsection C & D of Chapter 17.54 section 1.54.060 of the CMC. Factual Subfinding #4 Section 17.54.060 of the Corning Municipal Code states that “If the Commission or Council finds any one of the following facts to be present, it shall revoke the Conditional Use Permit: A. That the permit was obtained by fraud; or B. That the use for which such approval was granted has ceased to exist, or has been suspended, for a period of six months or more; or C. That the permit granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any law; or D. That the use for which approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.” Legal Finding #4 The continued residential use for which Use Permit 2022-301 was granted is being exercised so as to be detrimental to the public health and safety. Councilor Hargens seconded the motion. Ayes: Snow, Demo, and Hargens. Opposed: Valerio and Lomeli. /Absent/Abstain: None. Motion was approved by a 3-2 vote with Valerio and Lomeli opposing. J. REGULAR AGENDA: THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2b 12. Direct City Attorney to draft Reimbursement Agreement with Galleli Real Estate for water and sewer improvements to the west side of I-5. Presented by City Manager Kristina Miller who stated that American Rescue Plan Act of 2021 Funds were approved by the City Council to fund a Reimbursement Agreement for a water and sewer crossing, whereby Developers would fund the cost of the bore with the City reimbursing them for all or a great deal portion of the work following completion. At the March 14, 2023 City Council Meeting a Request for Proposals (RFP) was authorized by the City Council. Staff have received two proposals, one from Galleli Real Estate, and one from Takhar Properties. Both were evaluated by Staff and the Takhar Properties proposal was deemed non-responsive by all Staff evaluators because it did not provide the required pro-forma. The Galleli Real Estate proposal included all required documents and scored higher than the Takhar Properties proposal. Staff recommends City Council award the Water and Sewer Extension Development Reimbursement Agreement to Galleli Real Estate. Councilor Demo moved to award the Development Reimbursement Agreement for a water and sewer crossing across Interstate 5 at Corning Road to Galleli Real Estate and direct Staff to negotiate an Agreement for City Council consideration not to exceed the actual cost or $1,594,000, whichever is less. Councilor Hargens seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. Opposed/Absent/Abstain: None. Motion was approved by a 5-0 vote. 13. Approve Agreement with Tehama County Sheriff’s Office for the Purchase of K-9 Blaze in the amount of $8,000. Presented by Police Chief Jeremiah Fears who stated that the City’s K-9 Handler Chase Corry accepted a position with the Tehama County Sheriff’s Office. The concept to purchase K-9 Blaze for $8,000 was discussed between himself and the Tehama County Sheriff in order to continue the partnership between Officer Corry and Blaze. K-9 Blaze was purchased for $11,250 utilizing monies that were fundraised by several Corning organizations, businesses, and citizens in December of 2019. Councilor Demo moved to approve the Agreement with the County of Tehama to purchase K-9 Blaze in the amount of $8,000 and authorize the total money obtained for the purchase of K-9 Blaze to remain in a K-9 account to be used at a later time for the purchase of a new K-9. Mayor Snow seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. Opposed/Absent/Abstain: 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 that the Tehama County Transportation Commission had no meeting. Valerio: Reported on upcoming Chamber Events. Hargens: Nothing. Lomeli: Nothing Snow: Nothing. N. ADJOURNMENT: 7:28 p.m. ___________________________ Lisa M. Linnet, City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER