City Council Meeting
Regular MeetingTulare, CA · August 2, 2016
Minutes
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ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
August 2, 2016
A closed session meeting of the City Council, City of Tulare was held on Tuesday,
August 2, 2016, at 6:30 p.m., in the Tulare Public Library & Council Chambers, 491
North “M” Street.
COUNCIL PRESENT: David Macedo, Carlton Jones6:40 p.m., Maritsa Castellanoz, Shea
Gowin
COUNCIL PRESENT: Craig Vejvoda
STAFF PRESENT: Don Dorman, Paul Melikian, Martin Koczanowicz, Barry Jones,
Willard Epps, Janice Avila, Darlene Thompson, Joe Carlini, Rob Hunt, Michael Miller,
Steve Bonville, Nick Bartsch, Shonna Oneal
I. CALL TO ORDER CLOSED SESSION
Mayor Macedo called the closed session to order at 6:31 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 Macedo adjourned to closed session at 6:33 p.m., for items as stated by City
Attorney Martin Koczanowicz.
(a) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation
City of Tulare vs. W. M. Lyles, et. al., TCSC Case No. VCU260168
A regular session meeting of the City Council, City of Tulare was held on
Tuesday, August 2, 2016, 2016, at 7:00 p.m., in the Tulare Public Library & Council
Chambers, 491 North “M” Street.
IV. RECONVENE CLOSED SESSION
Mayor Macedo reconvened from closed session at 6:49 p.m.
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V. CLOSED SESSION REPORT (if any)
City Attorney Martin Koczanowicz advised the Council approved the terms and
conditions of the settlement.
VI. ADJOURN CLOSED SESSION
Mayor Macedo adjourned closed session at 6:49 p.m.
VII. CALL TO ORDER REGULAR SESSION
Mayor Macedo called the regular meeting to order at 7:00 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Captain Barry Jones led the Pledge of Allegiance, and an invocation was given by
Ronald Smith.
IX. 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.
Sharon Barnes of Tulare addressed the Council regarding the issues her business is
experiencing with the homeless.
Philip Clarey of Tulare addressed the Council regarding the ongoing safety concerns
he has for his employees.
Patty Rocha on behalf of the Tulare Outlet Center addressed the Council regarding
the issues the Tulare Outlet Center is experiencing as a result of construction
occurring at Hillman and Leland.
Ronald Smith on behalf of Sterling Smith addressed the Council to express his
gratitude for the Tulare Police Department and presented a letter of his appreciation
for the Chief of Police.
X. COMMUNICATIONS
There were no items for this section on the agenda.
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XI. CONSENT CALENDAR:
It was moved by Vice Mayor Jones, seconded by Council Member Gowin, and
carried 4 to 0 (Council Member Vejvoda absent) that the items on the Consent
Calendar be approved as presented.
(1) Authorization to read ordinances by title only.
(2) Approve minutes of July 19, 2016 regular meeting(s).
(3) Approve the re-nomination of Edward Henry as the City of Tulare’s
appointee to the Tulare County Association of Governments (TCAG)
Measure “R” Citizen’s Oversight Committee for a term two-year term, July
1, 2016 to June 30, 2018.
(4) Authorize the City Manager to sign a contract with Willdan Engineering of
Fresno, CA in the amount of $200,358.00 for surveying, design, bidding and
construction support services for Project EN0064, a street improvement
project on ‘E’ Street . Authorize the City Manager or designee to approve
contract change orders in an amount not to exceed 10% ($20,035) of the
contract award amount.
(5) Accept Grant of Easement for water pipeline and temporary construction
easement from Sterling Real Estate Partners II, LLC for the installation,
repair and maintenance of a water pipeline to provide a city water main
from Bardsley Avenue to the Sierra Vista No. 2 Subdivision located on the
east side of Irwin Street at Cabrillo Avenue.
(6) Approve the Parcel Map filed by 99 Prosperity Development LLC, a
California Limited Liability Company for the division of land located on the
east side of Morrison Street south of Bardsley Avenue, and accept the
public utility easement shown thereon.
(7) Conditionally approve the Parcel Map filed by Greg Nunley for the division
of land located at the southeast corner of Seminole Avenue and Mooney
Blvd. (SR 63) for recordation, and accept all easements and dedications
offered to the City subject to receipt of the signed parcel map, all fees, and
other required items prior to October 1, 2016.
(8) Accept June Investment Report.
(9) Adopt Resolution 16-36 authorizing the City of Tulare to apply for 2015-
2016 California Transit Security Grant Program-California Transit
Assistance Funds (CTSGP-CTAF) from the California Office of Emergency
Services, accept the funds if awarded, and designate the City Manager or
designee as the individual authorized to execute all grant documents on
behalf of the City.
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(10) Adopt Resolution 16-37 amending the Memorandum of understanding (Side
Letter) with California League of City Employees Association (C.L.O.C.E.A.)
to include language regarding cleaning services on employee uniforms and
adopt Resolution 16-38 between the City and the Tulare Police Offices
Union (TPOU) to include language regarding physical fitness pay, to
comply with CalPERS regulations and findings.
(11) Adopt 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).
(12) Approve the revised Project Budget for PD0017 at $292,627, and authorize
the City Manager to execute sole source contracts with FileoneQ for an
evidence computer program in the amount of $71,210 and Systems and
Space Shelving for shelving and storage in the amount of $92,675, and
Authorize the City Manager to approve contract change orders not to
exceed 10% ($7,120 and $9,267) of the contract award amount.
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
There were no items for this section of the agenda.
XIII. MAYOR’S REPORT
There were no items for this section of the agenda.
XIV. STUDENT REPORTS
There were no items for this section of the agenda.
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:
a. Public Hearing to adopt Resolution 16-39 approving the Proposed FY
2016/17 Action Plan of Community Development Block Grant (CDBG)
program funds. Community Development Deputy Director Traci Myers
provided a report for the Council’s review and consideration. Mayor Macedo
opened the public hearing at 7:22 p.m., receiving no public comment he
closed the public hearing at 7:22 p.m. With no further discussion, it was
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moved by Council Member Castellanoz, seconded by Vice Mayor Jones and
carried 4-0 (Council Member Vejvoda absent) to adopt Resolution 16-39 as
presented.
b. Public hearing to adopt Resolution 16-40 confirming diagram and
assessments and levying assessments pursuant to Landscape and
Lighting Act of 1972 for fiscal year 2016-17. Community Development
Director Rob Hunt provided a report for the Council’s review and
consideration. Mayor Macedo opened the public hearing at 7:24 p.m.,
receiving no public comment he closed the public hearing at 7:24 p.m. With
no further discussion, it was moved by Vice Mayor Jones, seconded by
Council Member Castellanoz and carried 4-0 (Council Member Vejvoda
absent) to adopt Resolution 16-40 as presented.
c. Public hearing to adopt Resolution 16-41 regarding placing costs of
constructing utility connections and/or sidewalk, curb, gutter, and
driveway construction on property rolls in installments. Finance
Director Darlene Thompson provided a report for the Council’s review and
consideration. Mayor Macedo opened the public hearing at 7:25 p.m.,
receiving no public comment he closed the public hearing at 7:25 p.m. With
no further comment, it was moved by Council Member Gowin, seconded by
Council Member Castellanoz and carried 4-0 (Council Member Vejvoda
absent) to adopt Resolution 16-41 as presented.
(2) Human Resources:
a. Safety & Regulatory Compliance Program Update by Bruno Huerta,
Safety & Regulatory Compliance Analyst. [Verbal presentation no
written material.] Human Resource Director Janice Avila introduced the
item and Safety and Regulatory Compliance Analyst, Bruno Huerta, who
provided a PowerPoint slide presentation highlighting the Safety and
Regulatory Compliance Program.
XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(2)
XVII. ADJOURN REGULAR MEETING
Mayor Macedo adjourned the regular meeting at 7:45 p.m.
_________________________________
President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
_____________________________
Deputy City Clerk and Clerk of the
Council of the City of Tulare
Agenda
AGENDA
TULARE CITY COUNCIL
TUESDAY, AUGUST 2, 2016
Closed Session 6:30 p.m.
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) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation
City of Tulare vs. W. M. Lyles, et. al., TCSC Case No. VCU260168
7:00 p.m. (Or, immediately following Closed Session)
IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT (if any)
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER 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
AGENDA
TULARE CITY COUNCIL
August 2, 2016
Page 2
__________________________________________________________________
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 July 19, 2016 regular meeting(s).
(3) Approve the re-nomination of Edward Henry as the City of Tulare’s appointee to
the Tulare County Association of Governments (TCAG) Measure “R” Citizen’s
Oversight Committee for a term two-year term, July 1, 2016 to June 30, 2018.
(4) Authorize the City Manager to sign a contract with Willdan Engineering of
Fresno, CA in the amount of $200,358.00 for surveying, design, bidding and
construction support services for Project EN0064, a street improvement project
on ‘E’ Street . Authorize the City Manager or designee to approve contract
change orders in an amount not to exceed 10% ($20,035) of the contract award
amount.
(5) Accept Grant of Easement for water pipeline and temporary construction
easement from Sterling Real Estate Partners II, LLC for the installation, repair
AGENDA
TULARE CITY COUNCIL
August 2, 2016
Page 3
__________________________________________________________________
and maintenance of a water pipeline to provide a city water main from Bardsley
Avenue to the Sierra Vista No. 2 Subdivision located on the east side of Irwin
Street at Cabrillo Avenue.
(6) Approve the Parcel Map filed by 99 Prosperity Development LLC, a California
Limited Liability Company for the division of land located on the east side of
Morrison Street south of Bardsley Avenue, and accept the public utility easement
shown thereon.
(7) Conditionally approve the Parcel Map filed by Greg Nunley for the division of land
located at the southeast corner of Seminole Avenue and Mooney Blvd. (SR 63)
for recordation, and accept all easements and dedications offered to the City
subject to receipt of the signed parcel map, all fees, and other required items
prior to October 1, 2016.
(8) Accept June Investment Report.
(9) Adopt Resolution 16-36 authorizing the City of Tulare to apply for 2015-2016
California Transit Security Grant Program-California Transit Assistance Funds
(CTSGP-CTAF) from the California Office of Emergency Services, accept the
funds if awarded, and designate the City Manager or designee as the individual
authorized to execute all grant documents on behalf of the City.
(10) Adopt Resolution 16-37 amending the Memorandum of understanding (Side
Letter) with California League of City Employees Association (C.L.O.C.E.A.) to
include language regarding cleaning services on employee uniforms and adopt
Resolution 16-38 between the City and the Tulare Police Offices Union (TPOU)
to include language regarding physical fitness pay, to comply with CalPERS
regulations and findings.
(11) Adopt 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).
(12) Approve the revised Project Budget for PD0017 at $292,627, and authorize the
City Manager to execute sole source contracts with FileoneQ for an evidence
computer program in the amount of $71,210 and Systems and Space Shelving
for shelving and storage in the amount of $92,675, and Authorize the City
Manager to approve contract change orders not to exceed 10% ($7,120 and
$9,267) of the contract award amount.
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
AGENDA
TULARE CITY COUNCIL
August 2, 2016
Page 4
__________________________________________________________________
XIII. MAYOR’S REPORT
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:
a. Public Hearing to adopt Resolution 16-39 approving the Proposed FY
2016/17 Action Plan of Community Development Block Grant (CDBG)
program funds.
b. Public hearing to adopt Resolution 16-40 confirming diagram and
assessments and levying assessments pursuant to Landscape and Lighting
Act of 1972 for fiscal year 2016-17.
c. Public hearing to adopt Resolution 16-41 regarding placing costs of
constructing utility connections and/or sidewalk, curb, gutter, and driveway
construction on property rolls in installments.
(2) Human Resources:
a. Safety & Regulatory Compliance Program Update by Bruno Huerta, Safety &
Regulatory Compliance Analyst. [Verbal presentation no written material.]
XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(2)
XVII. ADJOURN REGULAR MEETING
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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