City Council Meeting
Regular MeetingTulare, CA · November 15, 2016
Minutes
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ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
November 15, 2016
A closed session meeting of the City Council, City of Tulare was held on Tuesday,
November 15, 2016, at 6:00 p.m., in the Tulare Public Library & Council Chambers,
491 North “M” Street.
COUNCIL PRESENT: David Macedo, Carlton Jones, Maritsa Castellanoz6:11 p.m., Shea
Gowin, Craig Vejvoda
STAFF PRESENT: Paul Melikian, David Hale, Wes Hensley, Janice Avila, Darlene
Thompson, Steve Bonville, Traci Myers, Roxanne Yoder
I. CALL TO ORDER CLOSED SESSION
Mayor Macedo called the closed session to order at 6:01 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 6:02 p.m., for items as stated by City
Attorney David Hale.
(a) 54957.6b Conference with Labor Negotiators
Represented/Unrepresented employee(s): Police Officers Association;
Negotiators: Paul Melikian, Janice Avila, Darlene Thompson, and Wes Hensley
(b) 54956.8b Conference with Real Property Negotiators
Property: located at NW Corner of Cross and J Streets, Tulare, CA
Under Negotiation: Terms and conditions related to price for a potential lease or
Purchase and Sale
Negotiating parties: Paul Melikian, David Hale, Orosco Group, LLC.
(c) 54957(b)(1) – Public Employee Performance Evaluation: Deputy City Manager
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A regular session meeting of the City Council, City of Tulare was held on
Tuesday, November 15, 2016, 2016, at 7:00 p.m., in the Tulare Public Library &
Council Chambers, 491 North “M” Street.
COUNCIL PRESENT: David Macedo(left @ 7:18 p.m.), Carlton Jones, Maritsa Castellanoz,
Shea Gowin, Craig Vejvoda
STUDENTS PESENT: Mirian Espinoza, Ashley Logue, Yash Bhakta
STAFF PRESENT: Paul Melikian, David Hale, Wes Hensley, Willard Epps, Janice
Avila, Darlene Thompson, Joe Carlini, Rob Hunt, Michael Miller, Steve Bonville, Nick
Bartsch, Traci Myers, Fred Ynclan, Roxanne Yoder
IV. RECONVENE CLOSED SESSION
Mayor Macedo reconvened from closed session at 7:06 p.m.
V. CLOSED SESSION REPORT (if any)
Mayor Macedo advised there was no reportable action.
VI. ADJOURN CLOSED SESSION
Mayor Macedo adjourned closed session at 7:06 p.m.
VII. CALL TO ORDER REGULAR SESSION
Mayor Macedo called the regular meeting to order at 7:07 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Police Chief Wes Hensley led the Pledge of Allegiance, and an invocation was given
by Pastor Steve Duyst.
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.
Marvin Kruger addressed the Council regarding tree clearance over sidewalks and
suggested reducing from 10 feet to 8 feet.
Kerissa Chapman introduced Donnette Carter, the new Tulare Chamber CEO.
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X. COMMUNICATIONS
There were no items for this section on the agenda.
XI. CONSENT CALENDAR:
It was moved by Council Member Vejvoda, seconded by Council Member
Gowin, and unanimously carried that the items on the Consent Calendar be
approved as presented with the exception of items 3.
(1) Authorization to read ordinances by title only.
(2) Approve minutes of November 1, 2016 special/regular meeting(s).
(3) Adopt Resolution 16-50 amending the Tulare City Council Handbook of
Rules and Procedures of the City Council of the City of Tulare. Vice Mayor
Jones pulled the item to continue to a time that it could be considered at a future
study session or during Council’s team building session. Following comment by
City Attorney it was moved by Vice Mayor Jones, seconded by Mayor Macedo
and unanimously carried to continue, until such time that it can be heard at a
future study session or during Council’s team building session.
(4) Receive informational report on current City of Tulare, City Council
2016/2017 travel budget.
(5) Approve and Eighth Amendment to the Exclusive Right to Negotiate (ERN)
Agreement with Orosco Development No. 11, LLC for the acquisition of City
owned property at Cross and J Street and authorize City Manager to
execute it on behalf of the City.
(6) Accept the required public works improvements for The Windmills No. 3
Subdivision located east of Morrison Street, south of Bardsley 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.
(7) Conditionally approve the Final Map and subdivision improvement
agreement for the KCOK Ranch No. 2 Subdivision for recordation, and
accept all easements and dedications offered to the City subject to receipt
of the subdivision improvement agreement.
(8) Adopt Resolution 16-58 adopting “The City of Tulare Design Guidelines
And Public Improvement Standards – 2016 Edition” for use by the City in
the design and review of Public Works Improvements within the City of
Tulare, adopting as supplemental available sources all current State of
California and United States Federal Government civil engineering design
standards and specifications, and reaffirming the City Engineer’s
authorization to approve all designs and design changes.
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(9) Approve agreement Richard Burch to construct and finance utility
connection and/or side walk, curb, gutter, and driveway construction and
place costs thereof on property tax rolls in installments.
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
Mirian Espinoza, Ashley Logue and Yash Bhakta reported on various school related
activities.
VI. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL
ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT
AGENCY – (material related to these items are available for review in the City Clerk’s Office)
Mayor Macedo convened the joint meeting at 7:21 p.m.
(1) Successor Agency:
a. Adopt Resolution 2016-03 of the Successor Agency to the former Tulare
Redevelopment Agency approving the Purchase and Sale Agreement
and Escrow Instructions for 820 Wright Way (APN 175-220-010) and
authorizing the Interim Tulare City Manager or designee to execute all
related documents related thereto. General Services Director Steve
Bonville provided a report for the joint bodies review and consideration. With
no further discussion it was moved by Council Member Vejvoda, seconded by
Council Member Castellanoz and carried 4 to 0 (Mayor Macedo absent) to
adopt Resolution 2016-03 as presented.
b. Adopt Resolution 2016-04 approving the subordination of statutory
pass-through payments received by the City from the Merged Tulare
Redevelopment Projects (the “Project Area”) to the payment of debt
service on the proposed 2016 Tax Allocation Refunding Bonds. Finance
Director Darlene Thompson provided a report for the joint bodies review and
consideration. With no further discussion it was moved by Council Member
Vejvoda, seconded by Council Member Castellanoz and carried 4 to 0 (Mayor
Macedo absent) to adopt Resolution 2016-04 as presented.
VII. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE
CITY COUNCIL –
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Mayor Macedo adjourned the joint meeting, but remained seat as Tulare City Council
at 7:24 p.m.
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 receive and accept the City’s annual Development
Impact Fee Fund Report for the fiscal year ended June 30, 2016.
Finance Director Darlene Thompson provided a report for the Council’s
review and consideration. Mayor Pro Tem Jones opened the public hearing
at 7:26 p.m. Mike Lane, President of the Building Industry Authority who
advised that the report is not complaint with G.C. 6606, which states that
each public improvement and related funds need to be clearly shown. He
further stated that documentation is not sufficient and asks that the City work
to correct this for future reports. Ms. Thompson advised that staff has been
working with a consultant who will be preparing a Development Impact Fee
Study and they will ensure that this information will be documented and
reported in future reports. Receiving no further public comments, Mayor Pro
Tem Jones closed the public hearing at 7:29 p.m. with no further discussion,
it was moved by Council Member Vejvoda, seconded by Council Member
Castellanoz and carried 4 to 0 (Mayor Macedo absent) to receive and accept
the report as presented.
(2) Community Development:
a. Council consideration and direction to staff on the request by Louis
Sparks, Executive Director of Lighthouse Rescue Mission for economic
development assistance in the form of a grant in the sum of $3,700 to
pay entitlement processing fees for a proposed new Lighthouse
Rescue Mission project. Community Development Deputy Director Traci
Myers provided a report for the Council’s review and consideration.
Following brief comments it was moved by Council Member Vejvoda,
seconded by Council Member Castellanoz and carried 4 to 0 (Mayor Macedo
absent) to approve the item as requested.
(3) Finance:
a. Adopt Resolution 16-59 to authorize the sale and form of various
documents required for the issuance of Water Revenue Bonds, Series
2016 and sale of the bonds to Morgan Stanley, subject to final revision
and approval by authorized officers of the City. Finance Director Darlene
Thompson provided a report for the Council’s review and consideration.
With no further discussion it was moved by Council Member Vejvoda,
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seconded by Council Member Gowin and carried 4 to 0 (Mayor Macedo
absent) to adopt Resolution 16-59 as presented.
b. Presentation on the rollout of OpenGov a cloud-based financial
transparency and performance intelligence product used by local,
county and state governments to foster trust and drive engagement
among citizens. Finance Director Darlene Thompson provided a
demonstration for the Council’s review. Ms. Thompson noted that after
rollout it will be updated monthly and will allow the City to provide the public
easy access to the City’s financial information. No action requested,
informational item only.
(4) City Manager:
a. Consideration and selection of the preferred alternative(s) for the South
Tulare Interchange project as submitted by Caltrans. Interim City
Manager Paul Melikian provided an introduction of the item for the Council’s
review and consideration. Mayor Pro Tem Jones invited those who wished
to speak on the matter to come to the speaker podium.
Lynn Dredge, Mike Lane, Larry Simonetti, Pete Vander Poel, Edward Henry,
Ted Smalley, Lionel Pires, Ben Brubaker and Dennis Mederos addressed
the Council in support of the two alternatives and possible design exceptions
for Paige. Susan Duyst and Alberto Aguilar addressed the Council in
support of an Interchange at Paige.
Following a lengthy discussion it was moved by Council Member Vejvoda to
direct TCAG to proceed with studies related to the Commercial and Industrial
alternatives and the design exception for Paige, Council Member Gowin
seconded the motion. The Motion failed with a vote of 2 to 2 (Vice Mayor
Jones, Council Member Castellanoz voting no; Mayor Macedo absent)
XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(2)
XVII. ADJOURN REGULAR MEETING
Mayor Pro Tem Jones adjourned the regular meeting at 8:55 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, NOVEMBER 15, 2016
Closed Session 6:00 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.
6:00 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): Police Officers Association;
Negotiators: Paul Melikian, Janice Avila, Darlene Thompson, and Wes Hensley
(b) 54956.8b Conference with Real Property Negotiators
Property: located at NW Corner of Cross and J Streets, Tulare, CA
Under Negotiation: Terms and conditions related to price for a potential lease or
Purchase and Sale
Negotiating parties: Paul Melikian, David Hale, Orosco Group, LLC.
(c) 54957(b)(1) – Public Employee Performance Evaluation: Deputy City Manager
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
November 15, 2016
Page 2
__________________________________________________________________
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
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 November 1, 2016 special/regular meeting(s).
(3) Adopt Resolution 16-50 amending the Tulare City Council Handbook of Rules
and Procedures of the City Council of the City of Tulare.
AGENDA
TULARE CITY COUNCIL
November 15, 2016
Page 3
__________________________________________________________________
(4) Receive informational report on current City of Tulare, City Council 2016/2017
travel budget.
(5) Approve and Eighth Amendment to the Exclusive Right to Negotiate (ERN)
Agreement with Orosco Development No. 11, LLC for the acquisition of City
owned property at Cross and J Street and authorize City Manager to execute it
on behalf of the City.
(6) Accept the required public works improvements for The Windmills No. 3
Subdivision located east of Morrison Street, south of Bardsley 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.
(7) Conditionally approve the Final Map and subdivision improvement agreement for
the KCOK Ranch No. 2 Subdivision for recordation, and accept all easements
and dedications offered to the City subject to receipt of the subdivision
improvement agreement.
(8) Adopt Resolution 16-58 adopting “The City of Tulare Design Guidelines And
Public Improvement Standards – 2016 Edition” for use by the City in the design
and review of Public Works Improvements within the City of Tulare, adopting as
supplemental available sources all current State of California and United States
Federal Government civil engineering design standards and specifications, and
reaffirming the City Engineer’s authorization to approve all designs and design
changes.
(9) Approve agreement Richard Burch to construct and finance utility connection
and/or side walk, curb, gutter, and driveway construction and place costs thereof
on property tax rolls in installments.
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
XIII. MAYOR’S REPORT
XIV. STUDENT REPORTS
VI. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL
ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT
AGENCY – (material related to these items are available for review in the City Clerk’s Office)
(1) Successor Agency:
a. Adopt Resolution 2016-03 of the Successor Agency to the former Tulare
Redevelopment Agency approving the Purchase and Sale Agreement and
AGENDA
TULARE CITY COUNCIL
November 15, 2016
Page 4
__________________________________________________________________
Escrow Instructions for 820 Wright Way (APN 175-220-010) and authorizing
the Interim Tulare City Manager or designee to execute all related documents
related thereto.
b. Adopt Resolution 2016-04 approving the subordination of statutory pass-
through payments received by the City from the Merged Tulare
Redevelopment Projects (the “Project Area”) to the payment of debt service
on the proposed 2016 Tax Allocation Refunding Bonds.
VII. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE
CITY COUNCIL –
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 receive and accept the City’s annual Development Impact
Fee Fund Report for the fiscal year ended June 30, 2016.
(2) Community Development:
a. Council consideration and direction to staff on the request by Louis Sparks,
Executive Director of Lighthouse Rescue Mission for economic development
assistance in the form of a grant in the sum of $3,700 to pay entitlement
processing fees for a proposed new Lighthouse Rescue Mission project.
(3) Finance:
a. Adopt Resolution 16-59 to authorize the sale and form of various
documents required for the issuance of Water Revenue Bonds, Series 2016
and sale of the bonds to Morgan Stanley, subject to final revision and
approval by authorized officers of the City.
b. Presentation on the rollout of OpenGov a cloud-based financial transparency
and performance intelligence product used by local, county and state
governments to foster trust and drive engagement among citizens.
(4) City Manager:
a. Consideration and selection of the preferred alternative(s) for the South
Tulare Interchange project as submitted by Caltrans.
AGENDA
TULARE CITY COUNCIL
November 15, 2016
Page 5
__________________________________________________________________
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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