City Council

Item No.: G-2 CITY OF CORNING SPECIAL CITY COUNCIL CLOSED SESSION MINUTES TUESDAY, MARCH 12, 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: 6:00 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. C. PUBLIC COMMENTS: None. D. REGULAR AGENDA: 1. PUBLIC EMPLOYMENT: City Manager Performance Review Pursuant to Government Code Section 54957(b) and 54957.6 E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION: 6:35pm, Mayor Snow reported that the City Council met in Closed Session to complete the City Manager’s Performance Review and will reconvene following the City Council meeting. CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, MARCH 12, 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: 6:35 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 Councilor Hargens E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None. F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: Lorna Ramsay from Upstate CA Film Commission addressed the City Council providing information and stats on films utilizing north state locations, facilities, residents, etc. in 2023. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 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 following meetings with any necessary corrections. a. February 27, 2024 Special City Council Study Session and Regular City Council Meeting; b. February 28, 2024 Special City Council Fee Schedule Study Session Meeting. 3. March 7, 2024 Claim Warrant in the amount of $544,776.39. 4. March 7, 2024 Business License Report. 5. February 2024 Wages & Salaries: $438,390.94. 6. February 2024 Treasurer’s Report. 7. February 2024 Building Permit Valuation Report in the amount of $581,915. 8. February 2024 City of Corning Wastewater Operations Summary Report. 9. Approve purchase of 80 water meters to replace existing meters in the amount of $15,096.90. 10. Authorize staff to seek proposals for a 3-year Palm Tree & Street Tree pruning and stump removal service. Councilor Valerio moved to approve Consent Items 1-10; 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: Mayor Snow announced that Item I-12 relating to Ordinance 709 would be addressed first and that he would be abstaining from participating in the discussion and vote on this item due to a possible conflict of interest. He then left the Council Chambers at 6:42pm. 12. Public Hearing: Ordinance 709, an Ordinance to amend and add to Chapter 12 of the Corning Municipal Codee relating to Sidewalk Vending in the City of Corning. (Introduction & 1st Reading) Presented by City Attorney Collin Bogener who stated that on December 12, 2023, the City of Corning City Council initiated a temporary moratorium to allow staff time to write two ordinances; one specifically for Sidewalk vending, and one for Mobile vending. It was stated that Sidewalk Vending is much more regulated under Senate Bill 946 (SB 946); whereas Mobile Vending is not regulated by the state. Proposed Ordinance 709 follows along with the State guidelines initiated in SB 946. The Public Hearing was opened at 6:40pm; with no comments the Public Hearing was closed at 6:40pm. Councilor Demo moved to direct the City Clerk to read the Ordinance by title and approve Ordinance 709 to amend Chapter 12 and add Section 12.20 “Sidewalk Vending” to the Corning Municipal Code and Adopt Ordinance 709, an Ordinance for Sidewalk Vending in the city of Corning. Councilor Valerio seconded the motion. Ayes: Snow, Demo, Hargens, Valerio, and Lomeli. Opposed/Absent/Abstain: None; motion was approved by a vote of 5-0. 11. Public Hearing: Ordinance 708, an Ordinance to replace Chapter 5.50 of the Corning Municipal Code relating to permanent and Mobile Vending in the City of Corning. (Introduction & 1st Reading) Mayor Snow announced that he would be abstaining from discussion and vote on this item due to possible conflict of interest, he turned the meeting over to Vice Mayor Dave Demo and left the City THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 Council Chambers at 6:42pm. City Planner Chrissy Meeds stated on December 9, 2023 the City Council passed an emergency moratorium on the issuance of mobile vending permits to allow staff time to conduct research and draft new ordinances to separate the Street vending and the Mobile vending. Since that date, City Staff has: • Conducted research and attended a roundtable discussion about issues/concerns associated with, or caused by, mobile vending businesses in many cities throughout California. As a result, Staff put together a list of the most common ideas from other Cities for the Planning Commission and City Council to consider. • On January 16, 2024, a Joint Meeting of the City Council and the Planning Commission was held to discuss options within a new Mobile Food Vending Ordinance. • On February 27th Ordinance 708 for brought before the City Council during a public study session for consideration and discussion; with no comments received, staff is presenting Ordinance 708 for introduction tonight. If approved, the Ordinance will be brought back to City Council on March 26th for adoption and if adopted will become effective 30 days from the adoption date and all current Mobile Vendors will be given 30 days from that date to come into compliance with the Ordinance. Councilor Lomeli confirmed that the presentation was understood by any Mobile Vendors in the audience. The Public Hearing was opened at 6:43pm; with no comments the hearing was closed at 6:43pm. Councilor Hargens moved to direct the City Clerk to read the Ordinance by title and approve Ordinance 708 to replace Chapter 5.50 of the Corning Municipal Code and adopt Ordinance 708, an Ordinance for permanent and mobile vending in the City of Corning. Councilor Lomeli seconded the motion. Ayes: Demo, Hargens, Valerio, and Lomeli. Opposed/Absent: None; Abstain: Sno; motion was approved by a vote of 4-0 with Snow abstaining. Councilor Snow re-entered the meeting at 6:46pm. J. REGULAR AGENDA: 13. Accept $1,000 donation from Corning Rotary to Corning Recreation Department to fund the purchase of the Jr. Cardette Uniforms. Presented by Recreation Coordinator Chrissy Meeds who stated she was contacted by Corning Rotary with the generous offer of $1,000 to be used towards the purchase of uniforms for participants in the Recreation Departments Jr. Cardette Program. The total cost for the purchase of 44 uniforms in various sizes was $1,099.91. These uniforms will remain with the Recreation Department. Councilor Demo moved to accept the generous donation of $1,000 from Corning Rotary for the purchase of uniforms for the participants in the Corning Jr. Cardette’s Recreation Program. Councilor Hargens seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. Absent/Abstain/Opposed: None; motion was approved by a 5-0 vote. 14. Adopt Resolution No. 03-12-2024-01, a Resolution setting fees for “Free Swim Day” Sponsorship. Presented by Recreation Coordinator Chrissy Meeds who briefed the Council on the success of the pilot program and announced the proposed fees. Councilor Hargens moved to adopt Resolution 03-12-2024-01 setting standardized fees for Free Swim Day Sponsorships at the City of Corning’s Teddy Pohler’s City Pool. Councilor Valerio seconded the motion. Ayes: Snow, Demo, Valerio, Hargens, and Lomeli. Absent/Abstain/Opposed: None; motion was approved by a 5-0 vote. 15. Seek direction on Support for Smokefree Housing request. City Manager Brant Mesker introduced this item and referenced the PowerPoint Presentation presented at the February 13, 2024 City Council meeting by Communities Energized for Health regarding the benefits of smokefree housing. He stated he was asked by a City Council Member to bring this item back to Council for discussion and possible action, he now seeks Council direction on this matter. THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 Councilor Valerio stated he fully supports this Program and would like the City to adopt an Ordinance prohibiting smoking within residences in multi-housing units to eliminate exposure of secondhand smoke to children, pregnant women, and the elderly. Councilor Hargens clarified that what is being sought is an Ordinance declaring no smoking in Multi-housing units (Apartments, etc.). She stated she is torn on this issue; children, pregnant women, and the elderly should not have to live in a residence and be unwelcomely exposed to secondhand smoke. She also doesn’t think the City should be taking away the rights of people within their residence. Mayor Snow and Councilor Demo both stated that they were torn also and could understand arguments on both sides. Councilor Lomeli asked if the City would incur any costs associated with the enaction and enforcement of an Ordinance; she was informed no, that the City would not be tasked with the Ordinance enforcement; the property owner would be responsible for enforcement. Representatives from Communities Energized for Health stated their organization would provide some assistance by supplying informational materials, etc. Councilor Lomeli then stated she was not in favor of taking away people’s rights. The discussion concluded with a consensus of four (4) opposing and one (1) in support of an Ordinance prohibiting smoking or vaping in Multi-housing Units in the City of Corning. Staff were directed not to move forward with the development of an Ordinance. 16. Declare Community Easter Egg Hunt a Community Event and approve a $500 donation from the City’s Community Events Fund. Due to a conflict of interest as Councilor Lomeli is the event organizer, she recused herself from participating in the discussion/vote and left the City Council Chambers at: 7:15pm. Presented by City Manager Brant Mesker who noted that this event is widely attended and a benefit to the Community. Councilor Demo moved to declare the Corning Community Easter Egg Hunt a Community Event, request that the City be recognized as event donor, and allocate $500 with a requirement that purchase receipts showing the use of the donated funds be presented to the City. Councilor Valerio seconded the motion. Ayes: Snow, Demo, Hargens, and Valerio. Opposed/Absent: None. Abstain: Lomeli; motion was approved by a vote of 4-0 with Lomeli abstaining. Councilor Lomeli re-entered the meeting at 7:19pm. 17. Approve and adopt the HHAP (Homeless Housing Assistance and Prevention) Action Plan and authorize the City Manager to sign the Multi-Jurisdictional Memorandum of Understanding (MOU). Presented by City Manager Brant Mesker who explained that this is round 5 of the State’s Homeless Housing Assistance and Prevention Grant Program (HHAP) and the application is due March 27, 2024. Both Tehama CoC and Tehama County are eligible applications and awarded funds will be disbursed by the State in two installments. There is currently $856,554.82 in funding available. Information was provided on how past funding was spent. HHAP is a formula grant program administered through the California Interagency Council on Homelessness (Cal ICH). The program focuses on the homelessness response system including housing, shelter, services, and systems/regional coordination. Tehama County (County) and Tehama County Continuum of Care (CoC) are the HHAP-5 eligible applicants. Mayor Snow asked how much of the funding received would be provided or utilized in the Corning area as in past most resources seem to be located in Red Bluff making access for Corning area residents difficult. He was informed that south County is a planned priority. Councilor Hargens moved to: a) Approve and adopt the Regionally Coordinated Homelessness Action Plan (Plan) which is a requirement of the Homeless Housing Assistance and Prevention Round 5 (HHAP- 5) grant program; and THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER  Item No.: G-2 b) Authorize the City Manager to sign the Multi-Jurisdictional Memorandum of Understanding (MOU) between the County of Tehama the Cities of Corning, Red Bluff, and Tehama, the Tehama County Continuum of Care, and the Vitality Project as the Administrative Entity for the Continuum of Care regarding the HHAP-5 Grant Program. Councilor Valerio 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: Reported on attendance at the Senior Center Meeting which was also attended by the City Manager and Police Chief. He also reported that the Mayor, Councilwoman Hargens and himself attended the recent Corning Chamber of Commerce Business Forum which was well attended and very informational especially for those interested in starting up a new business. Lomeli: Reported on her attendance at recent the Tehama County Community Action Agency Meeting (TCCA). Hargens: Reported on here attendance at both the Tehama County Sanitary Landfill Agency Meeting, and Corning Chamber of Commerce Business Forum & Quarterly Meeting. Valerio: Had no reports. Snow: Thanked the Corning Chamber of Commerce for holding such and informational Business Forum for the Community and he encouraged Small Businesses to reach out to the Chamber. He announced that the Corning Chamber of Commerce plans to have quarterly meetings such as the business forum recently presented. N. ADJOURNMENT: 7:30pm and the City Council adjourned to reconvene the Closed Session. The Closed Session concluded at 7:43pm with no reportable actions. _______________________________ Lisa M. Linnet, City Clerk THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER