City Council

Item No.: G-4a CITY OF CORNING SPECIAL CITY COUNCIL CLOSED SESSION MINUTES TUESDAY, JANUARY 9, 2024 CITY COUNCIL CHAMBERS 794 THIRD STREET A. CALL TO ORDER: 6:00 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 except Councilor Valerio. C. PUBLIC COMMENTS: None. D. REGULAR AGENDA: 1. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code § 54956.9. One Case: Dearing v. City of Corning, et al. 2. Conference with Legal Counsel – Anticipated Litigation (Pursuant to Government Code § 54956.9(c). One Case 3. Conference with Real Property Negotiations (§ 54956.8) Property : Hangar #2 at Corning Municipal Airport Agency Negotiator: City Manager Brant Mesker Negotiating parties: Sidney Loewen Under Negotiation: Lease E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: Mayor Snow reported that there were no reportable actions. CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, JANUARY 9, 2024 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: 6:30 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 except Councilor Valerio. C. PLEDGE OF ALLEGIANCE: Led by the City Manager. D. INVOCATION: Led by Councilor Hargens E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: . THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-4a 1. Proclamation: January 2023 - National Stalking Awareness Month. Present to accept the Proclamation was Enelida Ocampo, Empower Tehama South County Coordinator. 2. Proclamation: January 2023 - Human Trafficking Prevention and Awareness Month. Present to accept the Proclamation was Susan Reyes from Empower Tehama Legal Advocate. She invited the public to attend the Human Trafficking Awareness Event that will take place on January 25th at 6:00p.m. at Rodgers Theater. 3. Recognition of new Corning Volunteer Fire Department Officers; presented by Fire Chief Tom Tomlinson. Chief Tomlinson introduced the following new Corning Volunteer Fire Department Officers: 1st Assistant Chief: Daymon Schlereth 2nd Assistant Chief: Jeff Nelson Captains: Jerod Smith, Parker Johnson, and Billy Wooten. F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: None. 15. Ratify the Police Chief Employment Agreement between the City of Corning and Craig Bassett. By consensus of the Council this item was moved to be addressed prior to the Consent Agenda to accommodate members of the audience. Presented by City Manager Brant Mesker. Councilor Demo thanked proposed Police Chief Bassett for his 27 years of service to the Corning Community and for his continued commitment to serve. Mayor Snow also stated his appreciation. Corning Police Department Sgt. Curiel, representing the Corning Police Officer’s Association, stated their support of promoting Sgt. Basset to the position of Police Chief. Councilor Demo moved to ratify the Police Chief Employment Agreement between the City of Corning and Craig Bassett; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. 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. 4. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934. 5. Waive the reading and approve the Minutes of the December 12, 2023 City Council Closed Session and Regular meeting with any necessary corrections. 6. Claim Warrants: a) December 21, 2023 in the amount of $397,958.69; and b) January 3, 2024 in the amount of $417,403.07. 7. Business License Reports: a) December 21, 2023; and b) January 3, 2024. 8. December 2023 Wages & Salaries: $345,646.68. 9. December 2023 Treasurer’s Report. 10. December 2023 Building Permit Valuation Report in the amount of $5,424,420. 11. December 2023 City of Corning Wastewater Operations Summary Report. 12. Approve proposed update to the 2020 City of Corning Illness and Injury Prevention Program to include SB 553 requirements associated with a Workplace Violence Prevention Plan. Councilor Hargens moved to approve Consent Items 4-12; Councilor Demo seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-4a H. ITEMS REMOVED FROM THE CONSENT AGENDA: None. I. PUBLIC HEARINGS AND MEETINGS: 13. Discuss, adopt, and approve the following: a. Approve General Plan Amendment 2024-01, and Adopt Resolution 01-09-2024-02 to change the land use designation on affected parcels from C-Commercial to PM-Public/Municipal, APN’s: 071-136-001 through 071-136-011, and from MFR- Multi-Family Residential to PM-Public/Municipal for APN: 071-134-008; b. Accept for introduction Ordinance 705 to amend Title 17 Zoning of the City of Corning Municipal Code; c. Approve Rezone 2024-01 to change zoning on affected parcels from C-2 (Central Business District Commercial) to P-Q (Public or Quasi-Public District), APN’s: 071-136-001 through 071-136-011, and 071-134-008 from R-4- Multiple Family Residential to P-Q; d. Resolution 01-09-2024-01 for vacation of alley within City Block 34 of the City of Corning located south of Solano Street and north of Marin Street between Third and Fourth Street; and e. Approve Parcel Merger/Parcel Map 2023-01 facilitating the merger of assessor parcel numbers 071-136-001 through 071-136-011 into one parcel; under the address of 1101 Solano St. Presented by Planner II Chrissy Meeds who explained that all of these items relate to the block across from City Hall. The General Plan Amendment, Ordinance, Rezone, and Parcel Merger/Parcel Map are required to change the existing land use designation and zoning, and to merge the separate lots into one to accommodate the new Recreation Center, Plaza, and Parking Lot. The Public Hearing was opened at 6:15p.m. Ross Turner asked the amount of taxable income lost since these properties have been removed from the tax role due to City ownership for the construction of a Park. Ms. Meeds stated she did not have that information and would have to obtain it. With no further questions the Public Hearing was closed at 6:58p.m. 1. Councilor Demo moved to adopt the 3 Factual Subfindings and Legal Findings as presented in the Staff Report; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. Factual Subfinding #1 Ordinance 705 and Rezone 2024-01 will add PQ – Public/Quasi-public to a full City block in the downtown district. Legal Finding #1 This City block sat in dis repair for many years prior and brought down the value of the downtown area. Factual Subfinding #2 On September 8, 2015, the Corning City Council adopted the 2014-2034 City of Corning General Plan. The General Plan grouped together resources; each group has associated objectives within it. Legal Finding #2 Rezoning the parcels to PQ is consistent with the objectives within the Parks & Recreation Facilities & Resources. Factual Subfinding #3 Ordinance 705, Rezone 2024-1, Parcel Merger 2023-03, General Plan Amendment 2024-01 will ensure the City is following the 2014-2034 general plan. Legal Finding #3 Approving Ordinance 705 follows the Corning Municipal Code section 17.33.030 and keeps the City in compliance. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-4a 2. Councilor Demo moved to approve General Plan Amendment 2024-01 and adopt associated Resolution 01-09-2024-02 changing the Land Use Designation of affected parcels from C-Commercial to PM-Public/Municipal on Assessor Parcel Numbers 071- 136-001 through 071-136-011, and from MFR-Multi-Family Residential to PM- Public/Municipal for APN: 071-134-008. Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. 3. Councilor Demo moved to accept for first reading and introduction Ordinance 705, an Ordinance amending Title 17 Zoning of the City of Corning Municipal Code; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. 4. Councilor Demo moved to approve Rezone 2024-01 to change zoning on affected parcels from C-2 (Central business District Commercial) to P-Q (Public or Quasi-Public District), APN’s: 071-136-001 through 071-136-011, and 071-134-008 from R-4- Multiple Family Residential to P-Q. Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. 5. Councilor Demo moved to adopt Resolution 01-09-2024-01 for vacation of alley within City Block 34 of the City of Corning located south of Solano Street and north of Marin Street between Third and Fourth Street; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. 6. Councilor Demo moved to approve Parcel Merger/Parcel Map 2023-01 facilitating the merger of assessor parcel numbers 071-136-001 through 071-136-011 into one parcel; under the address of 1101 Solano St.; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio absent. 14. Public Hearing: Appeal to consider denial of Use Permit 2023-319, Raphiely Anaya pursuant to Section 17.54.050 of the Coring Municipal Code. Presented by Planner II Chrissy Meeds who stated that the Planning Commission, at the November 21, 2023 Planning Commission Meeting had denied Use Permit 2023-319 on the basis of public health, safety, and welfare concerns regarding parking, access, and the removal of landscaping at the existing site. Ms. Meeds concluded her presentation by acknowledging that the applicant was present in the audience. Mayor Snow opened the Public Hearing at 7:07p.m. Appellant responded to the parking concerns stating that they would not allow parking on the adjacent lot. Various members of the City Council stated concerns relating to illegal parking. With no further comments the Public Hearing was closed at 7:10 p.m. Councilor Demo moved to uphold the Corning Planning Commission decision to adopt the three (3) Factual Subfindings and Legal Findings for the denial of Use Permit 2023-319; Councilor Hargens seconded the motion. Ayes: Snow, Demo, and Hargens. Absent: Valerio. Abstain: None. Opposed: Lomeli. Motion was approved by a 3-1 vote with Valerio absent. 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 THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-4a 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: (1) 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 Denial of Use Permit 2023-319 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 2023-319 was applied for to allow a mobile food truck in a commercial Zoning District known as C-3 General Business District. Legal Finding #2 On November 21, 2023, the Planning Commission denied the Use Permit due to concerns of public health and safety. Factual Subfinding #3 Section 17.54.030 of the Corning Municipal Code states that Before any Conditional Use Permit is granted, the applicant shall show to the satisfaction of the Commission or the Council, the existence of the following facts: A. That the site for the proposed use is adequate in size, shape, topography, and circumstances; and B. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and C. That the proposed use will not have an adverse effect upon the use, enjoyment, or valuation of adjacent or neighboring properties or upon the public welfare. Legal Finding #3 The issuance of Use Permit 2023-319 will be detrimental to public health and safety. J. REGULAR AGENDA: 16. Approve purchase of two (2) F-150 Trucks (Super-crew Responder) for the Police Department from Corning Ford in the amount of $112,795.12. Presented by City Manager Brant Mesker. Councilor Demo moved to authorize the purchase of two F-150 Super-crew Police Responders from Corning Ford at a combined total of $112,795.12; Councilor Hargens seconded the motion. Ayes: Snow, Demo, Hargens, and Lomeli. Absent: Valerio. Abstain/Opposed: None. Motion was approved by a 4-0 vote with Valerio 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: Reported on the Corning Volunteer Fire Department Christmas Food Basket & Toy delivery on December 16th; 86 families benefitted from this year’s program. He stated that all the presents were wrapped on December 12th. He thanked all of the volunteers (Fire Department and Community) that assisted with the gift wrapping, and the Community for their continued support of the Fire Departments Christmas Food Basket/Gift Program. Lomeli: Reported she had no meetings to attend. Hargens: Reported on the Tehama County Solid Waste Management Agency Meeting and stated that is was a very quick meeting. Valerio: Absent. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-4a Snow: Nothing to report. Chrissy Meeds: Announced the upcoming Recreation Ad Hoc Committee Meeting tomorrow, January 10th at 5:00p.m. City Manager Brant Mesker: Announced the Joint County/Cities 10-Year Homeless Meeting to be held in Red Bluff next Tuesday, January 16th at 2:00p.m.; and the Human Trafficking Awareness Event at Rodgers Theater on January 25th at 6:00p.m. N. ADJOURNMENT: 7:25p.m. ___________________________ Lisa M. Linnet, City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER