City Council Meeting

7537 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE June 7, 2016 A regular session meeting of the City Council, City of Tulare was held on Tuesday, June 7, 2016, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: David Macedo, Carlton Jones7:01 p.m., Craig Vejvoda, Shea Gowin COUNCIL ABSENT: Maritsa Castellanoz STUDENTS PRESENT: Evelyn Coronado, Viviana Davila, Sandeep Kang STAFF PRESENT: Don Dorman, Paul Melikian, Martin Koczanowicz, Fred Ynclan, Willard Epps, Janice Avila, Darlene Thompson, Joe Carlini, Rob Hunt, Michael Miller, Steve Bonville, Nick Bartsch, Jason Bowling, Sara Brown, Shonna Oneal I. CALL TO ORDER REGULAR SESSION Mayor Macedo called the regular meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Student Athletes led the Pledge of Allegiance, and an invocation was given by Fire Chief Willard Epps. III. CITIZEN COMMENTS Mayor Macedo 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. Marvin Krueger of Tulare addressed the Council regarding water conservation. Philip Clarey of Tulare addressed the Council to express his concern for his employees due to safety issues surrounding the bus depot, which is near his business, and provided suggestions to help reduce those safety concerns. IV. COMMUNICATIONS There were no items for this section on the agenda.  7538 V. CONSENT CALENDAR: It was moved by Vice Mayor Jones, seconded by Council Member Gowin, and unanimously carried that the items on the Consent Calendar be approved as presented. (1) Authorization to read ordinances by title only. (2) Approve minutes of May 17, 2016 special/regular meeting(s). (3) Adopt Resolution 16-26 authorizing the sale of four (4) City Police Patrol Vehicles to the College of Sequoias in the amount of $4,000. (4) Adopt Resolution 16-27 authorizing the surplus of three (3) City Police Patrol Vehicles. (5) Authorize the City Manager to execute Agreement Supplement No. 7, in the annual amount of $60,000 plus 4.8% administrative costs and expenses, with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects. (6) Adopt Resolution of Intent 16-22 receiving the draft report of Tulare Downtown Association (TDA) Board of Directors, and setting June 21, 2016, as the public hearing date regarding annual downtown district assessments. (7) Accept as complete the contract with David Knott Incorporated (DKI) on Project FM0018 – Pool Demolition and Removal of Structures at 830 S. Blackstone Ave. Authorize the City Project Manager to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. (8) Accept as complete the contract with Teichert/MCM, a Joint Venture for work on Project EN0002 to construct the Cartmill Avenue/Hwy 99 Interchange 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. (9) Accept as complete the contract with 99 Pipeline, Inc. of Porterville, CA on Project EN0053 – ‘B’ Street Improvements project. Authorize the City Project Manager to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. (10) Accept as complete the contract with Cen-Cal Construction of Bakersfield, CA on Project PK0020 – Centennial Park Improvements Project. Authorize the City Project Manager to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.  7539 (11) Accept as complete the contract with JT2 INC., dba TODD COMPANIES of Visalia, CA on Project TR0002 – Transit Building Drop-Off and Driveway Improvements Project. Authorize the City Project Manager to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. (12) Approve and authorize the City Manager to sign contract change orders to Emmett’s Excavation, Inc. for Project EN0019 for an estimated amount of $77,650 to make necessary paving repairs on Prosperity Avenue between ‘E’ St. and the Union Pacific Railroad and for an estimated amount of $199,815 for improvements to ‘E’ St., extending the project approximately an additional 500’ to the South in order to maintain street alignment and improve drainage; review and consider the approval the contract change order to Labor Consultants of California in the amount of $5,100 for services beyond the original anticipated project timeframe; approve the revised Project Budget for Project EN0019, including the transfer of funds from Project EN0059 to cover the additional costs associated with the repairs on Prosperity; and authorize the City Manager to approve contract change orders in an amount up to a total of 10% of the revised contract amounts. (13) Accept April Investment Report. (14) Cancel the City Council Meeting of Tuesday, July 5, 2016, due to holiday closure and lack of business. VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Proclamation presentation Tulare Public Library Summer Reading Program for Families June 11 through July 23, 2016. Library Manager Sara Brown addressed the Council regarding the features of the summer reading program. Vice Mayor Jones presented Ms. Brown with a Proclamation recognizing the Tulare Public Library Summer Reading Program for Families. (2) Certificates of Recognition to Mission Oak High School Softball Team, Tulare Western Baseball Team and Tulare Western High School Swimmer Mallory Korenwinder. Council Member Vejvoda presented a Certificate of Recognition to the Mission Oak High School Softball Team for their achievements in softball. Coach DaSilva introduced the assistant coaches and the softball team. Council Member Gowin presented a Certificate of Recognition to Tulare Western High School Swimmer Mallory Korenwinder for her achievements in swimming. Ms. Korenwinder addressed the Council regarding the swimming season and her upcoming Olympic trials at the end of June. Mayor Macedo presented a Certificate of Recognition to the Tulare Western Baseball Team for their achievements in baseball. Coach Searcy thanked the Council for the recognition and introduced the baseball team.  7540 VII. MAYOR’S REPORT (1) Certificates of Recognition to Teens on Board Student City Council Members. Mayor Macedo presented Certificates of Recognition to Sandeep Kang, Evelyn Coronado and Viviana Davila. Ms. Kang, Ms. Coronado and Ms. Davila thanked the Council for the recognition and expressed their gratitude for the experience of serving on Teens on Board Student City Council. Council thanked the students for their participation. VIII. STUDENT REPORTS Student Members Sandeep Kang, Evelyn Coronado & Viviana Davila reported on various school related activities. IX. 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: a. Public Hearing to Adopt Resolution 16-23 approving the 2016/17 city operating budget (with all component parts as listed below), to Adopt Resolution 16-24 approving the 2016/17 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, and to Adopt Resolution 16-25 establishing the 2016/2017 appropriation limit; and to receive the BPU- adopted Utility Enterprise Fund Budgets. City Manager Don Dorman provided a PowerPoint slide presentation highlighting the proposed budgets for Council’s review and consideration. Mayor Macedo opened the public hearing at 7:45 p.m., receiving no public comment he closed the public hearing at 7:45 p.m. With no further discussion, it was moved by Council Member Vejvoda, seconded by Vice Mayor Jones and carried 4-0 (Council Member Castellanoz absent) to adopt Resolution 16-23; it was moved by Council Member Gowin, seconded by Vice Mayor Jones and carried 4-0 (Council Member Castellanoz absent) to adopt Resolution 16-24; it was moved by Vice Mayor Jones, seconded by Council Member Vejvoda and carried 4-0 (Council Member Castellanoz absent) to adopt Resolution 16-25, as presented. b. Public Hearing to pass-to-print Ordinance 16-07 repealing Chapter 8.68 of the City of Tulare Municipal Code and Adding a New Chapter 8.68 related to Cable System Franchise Regulations. City Manager Don Dorman provided a report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 7:51 p.m., receiving no public comment he closed the public hearing at 7:52 p.m. The Council supported  7541 placing the audio recordings of meetings on the City’s website and expressed a desire to review options available for future projects related to audio and video recordings. Following discussion, it was moved by Council Member Gowin, seconded by Vice Mayor Jones and carried 4-0 (Council Member Castellanoz absent) to pass-to-print Ordinance 16-07 as presented. (2) City Manager: a. Consideration of the Tower Square District Property-Based Business Improvement District (PBID) Assessment Ballots for APN 176-091-038 and APN 176-091-029 and direction to staff as to whether the City approves of the assessment or not and authorize the City Manager to execute same. City Manager Don Dorman provided a report for the Council’s review and consideration. Following discussion, it was the consensus of the Council to withhold the PBID vote. b. Review and advise staff on Council Member attendance for the League of California Cities 2016 Annual Conference & Expo, October 5 – 7, 2016 in Long Beach, California. City Manager Don Dorman provided a report for the Council’s review and consideration and advised the Council that they could move to the next item prior to making a decision on this item. The consensus of the Council was to pull this item to trail General Business 2(c). Following discussion of General Business 2(c), Council Member Vejvoda, Council Member Gowin and Vice Mayor Jones expressed a desire to attend the conference. The Council further advised staff Council Member Castellanoz would also like to attend the conference. c. Adopt Resolution 16-21 establishing a policy providing guidelines for the selection of its members to attend conferences, meetings, seminars or events that serve a demonstrable public purpose and necessity and charging expenses related thereto to the appropriate account. City Manager Don Dorman provided a report for the Council’s review and consideration. It was the consensus of the Council to add the following provisions to the resolution:  League of California Cities New Mayors and Council Members Academy for newly elected Councilmembers is exempted from the $2,500.00 budget and will be allocated to elections reserve; and  Costs related to any request to upgrade travel accommodations over conference rate or economy fares shall be borne by the requesting Councilmembers by reimbursement to the City. Following a brief discussion, it was moved by Council Member Gowin, seconded by Council Member Vejvoda and carried 4-0 (Council Member Castellanoz absent) to adopt Resolution 16-21 subject to the amendments stated on the record.  7542 (3) Community Development: a. Authorize an amendment to the subdivision improvement agreement for the Tesori subdivision reflecting a twelve (12) month time extension from date of Council approval, resulting in a new subdivision improvement agreement expiration date of June 7, 2017. City Engineer Michael Miller advised the Council the item should be pulled and rescheduled for the June 21 meeting. Council inquired if the applicant was in agreement with this change and Mr. Miller confirmed the applicant’s agreement. b. Authorize the Mayor to execute a long-term deferred improvement agreement with Robert M. Wasnick to defer the construction of curb and gutter, sidewalk, street pave-out, streetlights, landscaping and drainage facilities along the frontage of 2236 North “J” Street. Require the project applicant to post security for future construction of deferred improvements in an amount and form acceptable to the City Engineer and City Attorney. City Engineer Michael Miller provided a report for the Council’s review and consideration. City Attorney Martin Koczanowicz advised Council the agreement attached to the staff report would be revised from a lien to a bond, which is what staff would recommend. Following discussion, it was moved by Council Member Vejvoda, seconded by Council Member Gowin and carried 4-0 (Council Member Castellanoz absent) to follow the staff recommendation and defer the improvements subject to the filling of a bond, or some other type of security. X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(2) XI. ADJOURN REGULAR MEETING Mayor Macedo adjourned the regular meeting at 8:46 p.m. _________________________________ President of the Council and Ex-Officio Mayor of the City of Tulare ATTEST: _____________________________ Chief City Clerk and Clerk of the Council of the City of Tulare