City Council Meeting

7639 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE March 21, 2017 A closed session meeting of the City Council, City of Tulare was held on Tuesday, March 21, 2017, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, David Macedo, Greg Nunley, Jose Sigala COUNCIL ABSENT: Maritsa Castellanoz STAFF PRESENT: Joe Carlini, David Hale, Roxanne Yoder I. CALL TO ORDER CLOSED SESSION Mayor Jones called the closed session to order at 6:12 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 discussions at 6:13 p.m. (a) 54957(b)(1) – Public Employment: City Attorney A regular session meeting of the City Council, City of Tulare was held on Tuesday, March 21, 2017, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, David Macedo, Greg Nunley, Jose Sigala COUNCIL ABSENT: Maritsa Castellanoz STUDENTS PRESENT: Mirian Espinoza, Yash Bhakta STUDENTS ABSENT: Ashley Logue STAFF PRESENT: Joe Carlini, David Hale, Wes Hensley, Willard Epps, Janice Avila, Darlene Thompson, Rob Hunt, Michael Miller, Steve Bonville, Nick Bartsch, Traci Myers, Jason Bowling, Roxanne Yoder  7640 IV. RECONVENE CLOSED SESSION Mayor Jones reconvened from closed session at 6:49 p.m. V. CLOSED SESSION REPORT (if any) Mayor Jones advised there is no reportable action at this time. VI. ADJOURN CLOSED SESSION Mayor Jones adjourned closed session at 6:49 p.m. VII. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:04 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Ben Siegel led the Pledge of Allegiance and an invocation was given by Michael Miller. 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. Kelsey Jones addressed the Council with an update of the Chamber Board. Donnette Silva-Carter addressed the Council with an update of the Chamber’s plan for the City’s economic future. Arturo Rodriguez, Jose Torrez, Pedro Hernandez, and Salvador Cazarez addressed the Council seeking Council’s support of SB 54 and inviting Devin Nunes to hold a Town Hall in the City regarding this topic. X. COMMUNICATIONS There were no items for this section of the agenda. XI. CONSENT CALENDAR: It was moved by Council Member Sigala, seconded by Council Member Nunley, and carried 4 to 0 (Vice Mayor Castellanoz absent) that the items on the Consent Calendar be approved as presented with the exception of items 3, 4, 5, 6, 8 & 9; Items 5 & 6 were pulled by Council Member Nunley to declare recusal due to business conflict.  7641 (1) Authorization to read ordinances by title only. (2) Approve minutes of March 7, 2017 special/regular meeting(s). (3) Adopt Resolution 17-14 revising policy 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. Council Member Sigala pulled the item to clarify that the item was being presented with the quarterly reporting being removed; staff confirmed that was correct. Council Member Sigala stated he would vote no on the item. It was moved by Council Member Nunley to adopt Resolutions 17-14 as presented. The motion failed for a lack of a second. The current policy will stand. (4) Declare Lee Brehm’s seat on the Aviation Committee vacant and direct staff to post the vacancy and solicit applications. Council Member Sigala pulled the item to seek clarification on members holding more than one position on City Boards, Commissions or Committees. City Attorney David Hale advised that he is unaware of any local rule, but State law outlines incompatibility of office and if found to be a member may have to forfeit their seat. Council Member Sigala requested staff to review its current policy and make any revisions if necessary to avoid this risk in the future. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and carried 4 to 0 (Vice Mayor Castellanoz absent) to approve the item as presented. (5) Approve the Final Map and subdivision improvement agreement for the Quail Creek No. 2 Subdivision for recordation, and accept all easements and dedications offered to the City. (6) Approve the Final Map and subdivision improvement agreement for the Quail Creek No. 3 Subdivision for recordation, and accept all easements and dedications offered to the City. It was moved by Council Member Macedo, seconded by Council Member Sigala and carried 3 to 0 (Vice Mayor Castellanoz absent & Council Member Nunley recused) to approve Items 5 and 6 as presented. (7) Approve an agreement with Octavio Minguela to construct and finance a utility connection and/or sidewalk, curb, gutter, and driveway construction and place costs thereof on property tax rolls in installments. (8) Approve the participation in a joint marketing program with Tulare County area transit agencies to promote transit services and to honor Earth Day on April 22, 2017 by providing a free day to ride on the transit buses (fixed route only not the Dial-A-Ride Service). Council Member Sigala pulled the item to request materials promoting the event to be published in both English and Spanish. Finance Director Darlene Thompson advised that she would speak with TCAG, the event promoters, regarding that request and will make sure that any City advertisements for the event be printed in both languages. Following  7642 discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and carried 4 to 0 (Vice Mayor Castellanoz absent) to approve the item as presented. (9) Adopt Resolution 17-15 authorizing the City Manager to apply for a Grant from the State Off-Highway Motor Vehicle (OHMV) Division for reimbursement of a portion of the Cycle Park operating expenses for the years 2017 and 2018 and to sign all applicable paperwork related to application of the grant. Council Member Sigala pulled the item to seek clarification on the details of the grant. Following discussion, it was moved by Council Member Nunley, seconded by Council Member Macedo and carried 4 to 0 (Vice Mayor Castellanoz absent) to adopt Resolution 17-15 as presented. Mayor Jones requested that if the Council has lengthy questions on agenda items to meet with staff in advance to have those questions answered or to provide staff the opportunity to be prepared for response at the meetings. (10) Adopt Ordinance 17-03 amending and replacing Title 7 Chapter 7.20, Sanitary Sewer System, of the Tulare Municipal Code, revising the pH levels referenced within said code. XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentations to Women Honorees in recognition of International Women’s Month 2017. Certificates were presented to Erica Cunas, Flora Johnson, Ethel Shaver, Michelle Nunley and Tina Fernandes Macedo by the Council, Assemblyman Devin Mathis’ Office and the Mexican Consulate’s Office in recognition of International Women’s Month. (2) City of Tulare 2016/17 Teen Hero acknowledgements. Brian Beck, Recreation Manager and Hollie Tisthammer, Recreation Supervisor presented Certificates of Recognition in honor of the 2016/17 Teen Heroes. XIII. MAYOR’S REPORT There were no items for this section of the agenda. XIV. STUDENT REPORTS Miriam Espinoza and Yash Bhakta reported on various school related activities. 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:  7643 a. Public Hearing to adopt Resolution 17-16 adopting a Mitigated Negative Declaration on the infrastructure installation and street/sidewalk improvements on E Street between Pleasant Avenue and Bardsley. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Mayor Jones opened the public hearing at 8:39 p.m. Receiving no public comment, he closed the public hearing at 8:39 p.m. With no further discussion it was moved by Council Member Macedo, seconded by Council Member Sigala and carried 4 to 0 (Vice Mayor Castellanoz absent) to adopt Resolution 17-16 as presented. (2) Economic Development: a. Council consideration and direction to staff on the Application for Economic Development Assistance submitted by Tulare Chamber of Commerce on behalf of the Sequoia Tourism Council for financial assistance in the amount of $9,000 for an economic development contribution to fund 2016-2017 regional tourism efforts. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Chamber CEO Donnette Silva Carter addressed the Council in support of the request. Following discussion, it was moved by Council Member Nunley, seconded by Council Member Sigala and carried 3 to 1 (Council Member Macedo voting no; Vice Mayor Castellanoz absent) to approve the item as presented. Council Member Sigala encouraged the Chamber to work with businesses on the west side to help them flourish in the community. He also encouraged efforts toward bringing the film/tourism industry to Tulare. Tulare County Tourism Manager Eric Coyne provided comments related to those efforts. b. Council consideration and direction to staff on the request by Supreme Construction for a deferral of project related development impact fees in the sum of $49,087 under section 8.56.080 of the Tulare Municipal Code. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Council Member Nunley expressed concerns that the City is not secure on the deferral of the remaining balance. Staff was asked to gather more information on the equity position of the project. It was moved by Council Member Macedo, seconded by Council Member Sigala and carried 4 to 0 (Vice Mayor Castellanoz absent) to the item for that purpose. (3) City Manager: a. Declare Joe R. Espinoza and Elva Strawn’s seats on the Police Review Board vacant and direct staff to post the vacancies and solicit applications. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and  7644 carried 4 to 0 (Vice Mayor Castellanoz absent) to approve the item as presented. b. Review, discussion and provide direction to staff regarding the removal and appointment process for members to City of Tulare Boards, Commissions and Committees. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. Jason Bender, Ben Brubaker, Ed Henry, Lee Brehm addressed the Council with concerns over this item. Council responded thereto. Following discussion it was moved by Mayor Jones, seconded by Council Member Sigala and carried 3 to 1 (Council Member Macedo voting no; Vice Mayor Castellanoz absent) to remove Board Member Brehm and declare the seat vacant. It was further moved by Mayor Jones, seconded by Council Member Nunley and carried 3 to 1 (Council Member Macedo voting no; Vice Mayor Castellanoz absent) to remove Board Member Henry and declare the seat vacant. Following these votes, Board Member Smith, in light of the actions, submitted his resignation. The Clerk was advised to immediately post the vacancies. It was moved by Council Member Sigala, seconded by Council Member Macedo and carried 4 to 0 (Vice Mayor Castellanoz absent) to continue General Business City Manager Items 3c and 3d to the meeting of April 4, 2017. c. Receive update on AB 2 Community Revitalization and Investment Authorities and provide direction to staff. d. Approve expansion of the City’s economic development program by increasing activities and responsiveness to the development community; specifically, 1) approve the reorganization of the Community Development Department by re-creating the Community Services Department, and 2) approve use of more City employees for development activities in order to reduce the reliance of consultants. Adopt Resolution 17-17 approving a reorganization of the Community Development Department and amending the City’s Non-Utility Position Control Budget as follows: Delete the classification and allocation of one (1) Deputy City Manager (salary code 1020, $10,050.92 to $12,216.96/month); delete the classification and allocation of one (1) Community Development Director (salary code 1040, $9,560.86 to $11,621.29/month); add one (1) allocated position of Community Services Director (salary code 1044, $8,653.16 to $10,517.99/month); add one (1) allocated position of Community and Economic Development Director (salary code 1042, $9,560.86 to $11,621.29/month); add one (1) allocated position of Principal Planner (salary code 2160, $7,088.15 to $8,615.70/month); add one (1) allocated position of Construction Manager (salary code 2046,  7645 $5,176.92 to $6,292.57/month); add one (1) allocated position of Public Works Inspector (salary code 3440, $5,074.66 to $6,168.28/month); add one (1) allocated position of Building Inspector I/II (Building Inspector I salary code 3070, $3,857.20 to $4,688.47/month; Building Inspector II salary code 3080, $4,479.77 to $5,445.18/month); and add one (1) allocated position of Engineering Assistant (salary code 3156, $4,638.93 to $5,638.65/month). XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(2) It was moved by Council Member Sigala, seconded by Council Member Macedo and carried 4 to 0 (Vice Mayor Castellanoz absent) to add an item to the April 4 agenda regarding the MV contract extension. It was moved by Council Member Sigala, seconded by Council Member Macedo and carried 4 to 0 (Vice Mayor Castellanoz absent) to add an item to the April 4 agenda for discussion and consideration of a resolution concerning SB 54. It was moved by Council Member Sigala, seconded by Council Member Nunley to add an item to the April 4 agenda to formally ask Congressman Devin Nunes to host a Town Hall in the City; Mayor Jones and Council Member Macedo voted no, therefore the item failed due to a tie vote. It was moved by Council Member Sigala to add an item to the April 4 agenda to request the Joint Legislative Audit Committee to audit the hospital’s 85 million bond. The motion failed for lack of a second. XVII. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 10:47 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