City Council Meeting

7548 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE July 19, 2016 A regular session meeting of the City Council, City of Tulare was held on Tuesday, July 19, 2016, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: David Macedo, Maritsa Castellanoz7:09 p.m., Craig Vejvoda, Shea Gowin COUNCIL PRESENT: Carlton Jones STAFF PRESENT: Don Dorman, Paul Melikian, Martin Koczanowicz, Wes Hensley, Willard Epps, Janice Avila, Darlene Thompson, Joe Carlini, Rob Hunt, Michael Miller, Steve Bonville, Nick Bartsch, Roxanne Yoder 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 Luis Nevarez led the Pledge of Allegiance, and an invocation was given by Lynn Dredge. 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. Alberto Aguilar addressed the Council regarding concerns over the negative campaigns over Measure I. IV. COMMUNICATIONS (1) Communication from Leadership Counsel for Justice & Accountability dated June 27, 2016, alleging duty to provide sewer service. City Attorney Martin Koczanowicz reported on the content of the communication and advised Council if they wished to discuss further that it would be prudent to schedule for closed session at a future meeting. The Council provided no further direction.  7549 V. CONSENT CALENDAR: It was moved by Council Member Gowin, seconded by Council Member Vejvoda, and carried 3 to 0 (Vice Mayor Jones absent, Council Member Castellanoz not present) that the items on the Consent Calendar be approved as presented. (1) Authorization to read ordinances by title only. (2) Approve minutes of June 21, 2016 regular meeting(s). (3) Adopt Resolution of Intention 16-31 to set August 2, 2016 as the public hearing date to adopt landscape maintenance assessments for fiscal year 2016-17 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. (4) Accept the required public works improvements for Quail Creek No.1 Subdivision located west of Morrison Street, north of Levin Avenue as complete, 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. (5) Authorize the City Engineer to execute a change order in the amount of $18,741 to an existing contract with Omni-Means for the preparation of plans, specifications and estimates associated with the design of traffic signal and storm drainage improvements at the intersections of Prosperity Avenue and Oaks Street (Project EN0015), and traffic signal improvements at the intersection of Prosperity Avenue and “M” Street (EN0016). (6) Approve an extension with MV Transportation, Inc. for the management and operation of the city’s fixed-route and dial-a-ride transit services for an additional year (August 1, 2016 to June 30, 2017). (7) Approve the payoff of five additional leased vehicles in the amount of $50,565.79, using this year’s Fleet Control Budget funds and the close out of the leasing program with Enterprise Fleet Management. (8) Adopt Resolution 16-32 amending past salary schedules 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, for the period of January 2011 through April 2016 to comply with CalPERS regulations and audit findings. VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda.  7550 VII. MAYOR’S REPORT There were no items for this section of the agenda. VIII. STUDENT REPORTS There were no items for this section of the agenda. 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: Council Member Castellanoz arrived at 7:09 p.m. a. Public Hearing for public input, receive and tally ballots regarding the formation of the Tower Square Property-Based Business Improvement District (PBID) and adopt Resolution 16-33 declaring the results of the majority protest proceedings, establishing the PBID and authorizing the levy of district assessments. Deputy City Manager Paul Melikian provided a report for the Council’s consideration. Mayor Macedo opened the public hearing at 7:07 p.m., receiving no public comment he closed the public hearing at 7:07 p.m. He trailed the matter to provide the clerk opportunity to open and tabulate the ballots. The clerk advised that following the posting of the agenda that staff had received an additional ballot totaling 17. Chief Deputy City Clerk reported that a majority protest does not exist, that the PBID has been approved. [It was originally reported that the ballots cast were 16 in favor and 1 not in favor; however, upon reviewing the ballots three duplicate ballots existed. The total vote shall be reflected as follows 13 yes and 1 no.] City Attorney Martin Koczanowicz advised that the assessments from the ballots in support of the formation exceed the assessment to the one ballot in opposition. With no further discussion it was moved by Council Member Vejvoda, seconded by Council Member Gowin and carried 4 to 0 (Vice Mayor Jones absent) to adopt Resolution 16-33 as presented. b. Public hearing to adopt Resolutions 16-34 and 16-35 approving a Mitigated Negative Declaration for General Plan Amendment No. 2016- 02 amending the Tulare General Plan from Service Commercial and Low Density Residential (LDR, 3.1 to 7 units/acre) to High Density Residential (HDR, 14.1 to 29 units/acre); Zone Amendment No.715 changing the zoning from R-1-6 (Single Family Residential, 6,000 sq. ft. min. lot area) and C-4 (Service Commercial) to RM-3 (Multi-family Residential, 3,000 sq. ft. min. lot area per unit); and Pass-to-Print  7551 Ordinance 16-08 approving Zone Amendment No.715 from R-1-6 (Single Family Residential, 6,000 sq. ft. min. lot area) and C-4 (Service Commercial) to RM-3 (Multi-family Residential, 3,000 sq. ft. min. lot area per unit); to construct a 10 unit multi-family apartment complex on approximately one-half acre site. Property is located at the northeast corner of Inyo Avenue and Sacramento Street. (APN’s 175-014-003 & 005). Community Development Director Rob Hunt provided a report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 7:12 p.m., receiving no public comment he closed the public hearing at 7:12 p.m. With no further discussion it was moved by Council Member Gowin, seconded by Council Member Castellanoz and carried 4 to 0 (Vice Mayor Jones absent) to adopt Resolution 16-34 as presented; it was further moved by Council Member Gowin, seconded by Council Member Castellanoz and carried 4 to 0 (Vice Mayor Jones absent) to adopt Resolution 16-35; lastly it was moved by Council Member Castellanoz, seconded by Council Member Gowin and carried 4 to 0 (Vice Mayor Jones absent) to pass-to-print Ordinance 16-08 as presented. (2) City Manager: a. Review and provide direction to staff whether to pursue Southern California Edison (SCE) Street Light Purchase. Deputy City Manager Paul Melikian provided a report for the Council’s review and consideration, highlighting the further research and financial analysis on the overall return of investment, advising that, at this time, staff could not recommend pursuing purchase at this time. Following discussion, it was the consensus of the Council to accept staff’s recommendation. They thanked staff for being so thorough to bring forward the additional information so that they were able to make an informed decision. 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 7:39 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