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City Council Adjourned Regular Meeting

Regular Meeting

Tulare, CA · June 26, 2017

AgendaMinutes

Minutes

7691 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE June 26, 2017 A closed session meeting of the City Council, City of Tulare was held on Monday, June 26, 2017, at 6:30 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz, Greg Nunley, Jose Sigala STAFF PRESENT: Joe Carlini, Heather N. Phillips, Darlene Thompson, Willard Epps, Melissa Hermann I. CALL TO ORDER CLOSED SESSION Mayor Jones called the closed session to order at 6:34 p.m. II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence. There were no citizen comments presented. III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Jones adjourned to closed session at 6:35 p.m. for items as noted on the agenda. (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): Tulare City Professional Fire Fighters Association (all units) and CLOCEA Negotiators: Joe Carlini, Janice Avila, Darlene Thompson, Ken Caves (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Vohra v. City of Tulare, TCSC Case No. VCU266567 (c) 54956.9(5) Conference with Legal Counsel – Anticipated Litigation Case name unspecified: Disclosure would jeopardize service of process or existing settlement negotiations. An adjourned regular meeting for June 20, 2017 of the City Council, City of Tulare was held on Monday, June 26, 2017, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz, Greg Nunley, Jose Sigala 7692 STAFF PRESENT: Joe Carlini, Heather N. Phillips, Darlene Thompson, Wes Hensley, Willard Epps, Rob Hunt, Steve Bonville, Jason Bowling, Michael Miller, Traci Myers, Nick Bartsch, Melissa Hermann IV. RECONVENE CLOSED SESSION Mayor Jones reconvened from closed session at 8:46 p.m. V. CLOSED SESSION REPORT (if any) Mayor Jones advised there was nothing to report. VI. ADJOURN CLOSED SESSION Mayor Jones adjourned closed session at 8:46 p.m. VII. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 8:46 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Vice Mayor Castellanoz led the Pledge of Allegiance and an invocation was given by Mayor Jones. IX. CITIZEN COMMENTS Mayor Jones requested those who wish to speak on matters not on the agenda within the jurisdiction of the Council, or to address or request a matter be pulled from the consent calendar to do so at this time. He further stated comments related to general business matters would be heard at the time that matter is addressed on the agenda. There were no citizen comments. X. COMMUNICATIONS There were no items for this section of the agenda. XI. CONSENT CALENDAR: It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz, and unanimously carried 4-0 (Council Member Macedo absent) that the items on the Consent Calendar be approved as presented with the exception of items 3 and 6. (1) Authorization to read ordinances by title only. 7693 (2) Approve minutes of June 6, 2017 special/regular meeting(s). (3) Nomination of Council Member Jose Sigala by the Tulare City Council to serve as the Transit Representative on the Tulare County Association of Governments (TCAG). Council Member Sigala pulled this item to nominate Greg Gomez of Farmersville. City Attorney Phillips advised that based on the agenda, the item would need to be pulled and reagendized to nominate someone other than Jose Sigala. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried 4-0 (Council Member Macedo absent) to accept this item as presented. (4) Receive the Tulare Historical Museum’s Annual Report. (5) Authorize the City Manager to execute City of Tulare-State of California Cooperative Agreement No. 06-1654, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for the EN0064 - ‘E’ St. Improvements Project. (6) Accept as complete the contract with 99 Pipeline for work on Project EN0065 to construct the ‘H’ St. Improvements Project. Authorize the City Engineer to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. Council Member Nunley pulled this item due to a business conflict of interest. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried 3-0 (Council Member Macedo absent; Council Member Nunley recused) to accept the item as presented. (7) Approve agreements with Cecelia Cabrera, Ramon and Anastasia Sanchez, Timothy and Jeannie Carner, Alvaro and Maria Alcalar, Quirino and Pamela Garza, and Isidro and Elvia Parra for the City of Tulare to construct and finance utility connections and/or sidewalk, curb, gutter, and driveway construction, and place costs thereof on property tax rolls in installments. (8) Approve City of Tulare Policies and Procedures for Federal Transit Administration (FTA)-Related Procurements. (9) Authorize the City Manager to execute all necessary documents on behalf of the City, subject to review by the City Attorney for a one-year lease agreement in the amount of $600 per month for Classroom space at 830 South Blackstone with the Tulare County Office of Education. (10) Authorize the City Manager to execute all necessary documents on behalf of the City subject to review and minor conforming or clarifying changes by the City Attorney for a five-year Lease Agreement at a rate of $1,000 per month for the Bus Terminal, Building #1, at 407 North “K” Street, with Greyhound Lines Inc. 7694 (11) Authorize the Mayor on behalf of the City Council to execute a City Manager Employment Agreement by and between the City of Tulare and Joseph V. Carlini, City Manager to be effective upon approval by Council. XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentation by ACT for Women and Girls, an organization whose mission is to engage women of all ages in leadership opportunities that will promote social and personal change. Council Member Sigala requested this item be continued to the next Council meeting as the presenters left due to the late meeting. (2) Tulare Chamber of Commerce Annual Report presented by Donnette Silva- Carter, CEO. Kelsey Jones introduced Donnette Silva-Carter who provided a presentation to the Council regarding the Chamber’s accomplishments and vision for the future. XIII. MAYOR’S REPORT There were no items for this section of the agenda. XIV. STUDENT REPORTS There were no items to report. XV. GENERAL BUSINESS Comments related to General Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. (1) Public Hearing: Continued Public Hearing from June 6, 2016: a. Public Hearing to adopt Resolution 17-23 approving a mitigated negative declaration for General Plan Amendment No. 2016-03 and Resolution 17-24 to approve General Plan Amendment 2016-03 providing for a change in land use designation on 6.76 acres from Community Commercial to Low Density Residential (LDR, 3.1 to 7 units/acre); and 4.01 acres from Community Commercial to Medium Density Residential (MDR, 7.1 to 14 units/acre), and pass-to-print Ordinance 17-05 approving Zone Amendment No. 718, changing the zoning on 6.76 acres from C-3 (Retail Commercial) to R-1-6PD (Single family residential, 6,000 sf minimum lot area, planned development); and 4.01 acres from C-3 (Retail Commercial) to R-M-2 (Multi-family 7695 residential, 3,000 sf lot area per unit). Property is located at the southeast corner of North “J” Street and Cartmill Avenue (APN 164-040- 006). Applicant: Teo Albers. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Mayor Jones opened the public hearing at 9:10 p.m. Keith Reynolds, architect with TA Architecture and Planning, addressed the Council and encouraged them to approve this project. With no further public comment, the public hearing was closed at 9:11 p.m. Questions and comments posed by Council concerning were addressed by Mr. Reynolds and clarified by City Engineer Michael Miller and City Attorney Heather Phillips. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-23 as presented. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-24 as presented. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried 4-0 (Council Member Macedo absent) to pass-to-print Ordinance 17-05 as presented b. Public hearing to adopt Resolution 17-25 approving a Negative Declaration for General Plan Amendment 2017-01 and Resolution 17-26 to approve General Plan Amendment 2017-01 to amend the General Plan to change land use from Community Commercial to Low Density Residential (3.1-7 units/acre); and pass to print Ordinance 17-06 approving Zone Amendment 719 to change zoning from C-2 (office commercial) to R-1-12.5 (single family residential, 12,500 sq. ft. lot area minimum) on approximately 0.29 acres (12,743 sf) on the property located at the northwest corner of Merritt Avenue and Gem Street (APN 170-060-043). Applicant: Jonathan Van Ryn. Mayor Jones opened the public hearing at 9:29 p.m. With no public comment, the public hearing was closed at 9:29 p.m. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. With no discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-25 as presented. It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-26 as presented. It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and unanimously carried 4-0 (Council Member Macedo absent) to pass-to-print Ordinance 17-06 as presented. 7696 c. Public Hearing to adopt Resolution 17-27 approving the 2017/18 city operating budget (with all component parts as listed below), to adopt Resolution 17-28 approving the 2017/18 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare, to adopt Resolution 17-29 approving the 2017-2022 Projects Budget, to adopt Resolution 17-30 establishing the 2017/2018 appropriation limit; and to receive the BPU-adopted Utility Enterprise Fund Budgets. Mayor Jones opened the public hearing at 9:32 p.m. With no public comment, the public hearing was closed at 9:32 p.m. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. With no discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-27 as presented. It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-28 as presented. It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-29 as presented. It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-30 as presented. d. Public Hearing to adopt Resolution 17-31 confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement District 2017/2018 Annual Assessments. Mayor Jones opened the public hearing at 9:36 p.m. With no public comment, the public hearing was closed at 9:36 p.m. Finance Director Darlene Thompson provided a report for the Council’s review and consideration. With no discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to adopt Resolution 17-31 as presented. (2) City Manager: a. Appoint a City Council member or staff person to serve as the City of Tulare representative on the Tulare County Task Force on Homelessness. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. It was moved by Vice Mayor Castellanoz, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to appoint Jose Sigala as the City of Tulare representative for the Tulare County Task Force on Homelessness. 7697 (3) City Attorney: a. Discussion and direction to staff regarding establishing guidelines for the length and adjournment of City Council Meetings. City Attorney Phillips provided a report for the Council’s review and consideration. Vice Mayor Castellanoz suggested leaving it up to the Mayor in regard to the length of the meetings. Council Member Nunley suggested that 9:30 p.m. was too early. Council Member Sigala proposed that it be up to Council as a whole as to when the meeting should be adjourned. Jason Bender addressed Council and suggested having the meetings start at 7:00 p.m. and move Closed Session items to the close of the meeting if there is not sufficient time to finish discussion during Closed Session at the start of the meeting. XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried 4-0 (Council Member Macedo absent) to have a presentation by Steve Bonville or Darlene Thompson regarding the discussion on countywide transit. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried 4-0 (Council Member Macedo absent) to discuss and take a position on SB649 at the next scheduled Council meeting. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried 4-0 (Council Member Macedo absent) to discuss and take a position on SB623 at the next scheduled Council meeting. XVII. ADJOURN REGULAR MEETING Mayor Jones adjourned the special meeting at 10:07 p.m. _________________________________ President of the Council and Ex-Officio Mayor of the City of Tulare ATTEST: _________________________________ Chief Deputy City Clerk and Clerk of the Council of the City of Tulare

Agenda

AGENDA TULARE CITY COUNCIL MONDAY, June 26, 2017 Closed Session 6:30 p.m. Adjourned Regular Session 7:00 p.m. TULARE PUBLIC LIBRARY & COUNCIL CHAMBERS 491 North “M” Street MISSION STATEMENT TO PROMOTE A QUALITY OF LIFE MAKING TULARE THE MOST DESIRABLE COMMUNITY IN WHICH TO LIVE, LEARN, PLAY, WORK, WORSHIP AND PROSPER. Meeting audio will be uploaded to the City’s website www.tulare.ca.gov, no later than the Friday following the meeting, barring any technical difficulties, accessible by selecting the appropriate meeting date on the City Meeting Calendar page. 6:30 p.m. I. CALL TO ORDER CLOSED SESSION II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence. III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): Tulare City Professional Fire Fighters Association (all units) and CLOCEA Negotiators: Joseph V. Carlini, Janice Avila, Darlene Thompson, Ken Caves (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Vohra v. City of Tulare, TCSC Case No. VCU266567 (c) 54956.9(5) Conference with Legal Counsel – Anticipated Litigation Case name unspecified: Disclosure would jeopardize service of process or existing settlement negotiations. 7:00 p.m. (Or, immediately following Closed Session) IV. RECONVENE CLOSED SESSION V. CLOSED SESSION REPORT (if any) VI. ADJOURN CLOSED SESSION AGENDA TULARE CITY COUNCIL June 26, 2017 Page 2 ______________________________________________________________________________ VII. CALL TO ORDER ADJOURNED REGULAR SESSION VIII. PLEDGE OF ALLEGIANCE AND INVOCATION IX. CITIZEN COMMENTS This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence. X. COMMUNICATIONS Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council. XI. CONSENT CALENDAR All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion. (1) Authorization to read ordinances by title only. (2) Approve minutes of June 6, 2017 special/regular meeting(s). (3) Nomination of Council Member Jose Sigala by the Tulare City Council to serve as the Transit Representative on the Tulare County Association of Governments (TCAG). AGENDA TULARE CITY COUNCIL June 26, 2017 Page 3 ______________________________________________________________________________ (4) Receive the Tulare Historical Museum’s Annual Report. (5) Authorize the City Manager to execute City of Tulare-State of California Cooperative Agreement No. 06-1654, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for the EN0064 - ‘E’ St. Improvements Project. (6) Accept as complete the contract with 99 Pipeline for work on Project EN0065 to construct the ‘H’ St. Improvements Project. Authorize the City Engineer to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. (7) Approve agreements with Cecelia Cabrera, Ramon and Anastasia Sanchez, Timothy and Jeannie Carner, Alvaro and Maria Alcalar, Quirino and Pamela Garza, and Isidro and Elvia Parra for the City of Tulare to construct and finance utility connections and/or sidewalk, curb, gutter, and driveway construction, and place costs thereof on property tax rolls in installments. (8) Approve City of Tulare Policies and Procedures for Federal Transit Administration (FTA)-Related Procurements. (9) Authorize the City Manager to execute all necessary documents on behalf of the City, subject to review by the City Attorney for a one-year lease agreement in the amount of $600 per month for Classroom space at 830 South Blackstone with the Tulare County Office of Education. (10) Authorize the City Manager to execute all necessary documents on behalf of the City subject to review and minor conforming or clarifying changes by the City Attorney for a five-year Lease Agreement at a rate of $1,000 per month for the Bus Terminal, Building #1, at 407 North “K” Street, with Greyhound Lines Inc. (11) Authorize the Mayor on behalf of the City Council to execute a City Manager Employment Agreement by and between the City of Tulare and Joseph V. Carlini, City Manager to be effective upon approval by Council. XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentation by ACT for Women and Girls, an organization whose mission is to engage women of all ages in leadership opportunities that will promote social and personal change. (2) Tulare Chamber of Commerce Annual Report presented by Donnette Silva- Carter, CEO. XIII. MAYOR’S REPORT AGENDA TULARE CITY COUNCIL June 26, 2017 Page 4 ______________________________________________________________________________ XIV. STUDENT REPORTS XV. GENERAL BUSINESS Comments related to General Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. (1) Public Hearing: Continued Public Hearing from June 6, 2016: a. Public Hearing to adopt Resolution 17-23 approving a mitigated negative declaration for General Plan Amendment No. 2016-03 and Resolution 17-24 to approve General Plan Amendment 2016-03 providing for a change in land use designation on 6.76 acres from Community Commercial to Low Density Residential (LDR, 3.1 to 7 units/acre); and 4.01 acres from Community Commercial to Medium Density Residential (MDR, 7.1 to 14 units/acre), and pass-to-print Ordinance 17-05 approving Zone Amendment No. 718, changing the zoning on 6.76 acres from C-3 (Retail Commercial) to R-1-6PD (Single family residential, 6,000 sf minimum lot area, planned development); and 4.01 acres from C-3 (Retail Commercial) to R-M-2 (Multi-family residential, 3,000 sf lot area per unit). Property is located at the southeast corner of North “J” Street and Cartmill Avenue (APN 164-040-006). Applicant: Teo Albers b. Public hearing to adopt Resolution 17-25 approving a Negative Declaration for General Plan Amendment 2017-01 and Resolution 17-26 to approve General Plan Amendment 2017-01 to amend the General Plan to change land use from Community Commercial to Low Density Residential (3.1-7 units/acre); and pass to print Ordinance 17-06 approving Zone Amendment 719 to change zoning from C-2 (office commercial) to R-1-12.5 (single family residential, 12,500 sq. ft. lot area minimum) on approximately 0.29 acres (12,743 sf) on the property located at the northwest corner of Merritt Avenue and Gem Street (APN 170-060-043). Applicant: Jonathan Van Ryn. c. Public Hearing to adopt Resolution 17-27 approving the 2017/18 city operating budget (with all component parts as listed below), to adopt Resolution 17-28 approving the 2017/18 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare, to adopt Resolution 17-29 approving the 2017-2022 Projects Budget, to adopt Resolution 17-30 establishing the 2017/2018 appropriation limit; and to receive the BPU-adopted Utility Enterprise Fund Budgets. AGENDA TULARE CITY COUNCIL June 26, 2017 Page 5 ______________________________________________________________________________ d. Public Hearing to adopt Resolution 17-31 confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement District 2017/2018 Annual Assessments. (2) City Manager: a. Appoint a City Council member or staff person to serve as the City of Tulare representative on the Tulare County Task Force on Homelessness. (3) City Attorney: a. Discussion and direction to staff regarding establishing guidelines for the length and adjournment of City Council Meetings. XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XVII. ADJOURN REGULAR SESSION In compliance with the Americans with Disabilities and Brown Act, if you need special assistance to participate in the meeting, including the receipt of the agenda and documents in the agenda package in an alternate format, please contact the City Manager’s Office (559) 684-4200. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35, 104 ADA Title II), and allow for the preparation of documents in the appropriate alternate format. [Note: Pursuant to Government Code 54957.5 - Effective 7/1/08 Documents produced and distributed less than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item on the agenda will be made available for public inspection at the meeting and at the City Clerk’s Office at City Hall located at 411 East Kern Avenue during normal business hours.]

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