City Council Meeting

7647 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE April 4, 2017 A closed session meeting of the City Council, City of Tulare was held on Tuesday, April 4, 2017, at 6:30 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz, David Macedo, Greg Nunley, Jose Sigala STAFF PRESENT: Joe Carlini, Heather Phillips, Wes Hensley, Janice Avila, Roxanne Yoder I. CALL TO ORDER CLOSED SESSION Mayor Jones called the closed session to order at 6:51 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 6:51 p.m. (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented employee(s): Police Management Negotiators: Joe Carlini, Janice Avila, Darlene Thompson, and Wes Hensley A regular session meeting of the City Council, City of Tulare was held on Tuesday, April 4, 2017, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz, David Macedo, Greg Nunley, Jose Sigala STUDENTS PRESENT: Ashley Logue, Yash Bhakta STUDENTS ABSENT: Mirian Espinoza STAFF PRESENT: Joe Carlini, Heather Phillips, Wes Hensley, Willard Epps, Janice Avila, Darlene Thompson, Rob Hunt, Michael Miller, Steve Bonville, Nick Bartsch, Traci Myers, Jason Bowling, Roxanne Yoder  7648 IV. RECONVENE CLOSED SESSION Mayor Jones reconvened from closed session at 7:24 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 7:24 p.m. VII. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:24 p.m. Mayor Jones advised that there is an error on tonight’s agenda and that he will correct that on the record as follows: General Business City Manager 1a will not be to consider Tulare as a Sanctuary City, there will be no discussion as to that topic; however, the Council will have discussion on the issue of Senate Bill 54 only. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Police Captain Ynclan led the Pledge of Allegiance and an invocation was given by Pastor Dennis Sunderland. 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. Amy Smith, Laura Yeager and Jennifer Harlan addressed the Council with concerns over the noise levels created by events hosted at the Agri-Center. They requested careful consideration of future permits to ensure that events comply with the City’s noise ordinance and the hours related to those events. They also expressed Council consider an item at a future meeting to discuss noise decibels. Rudy Mendoza addressed the Council on behalf of Congressman Devin Nunes’ office advising of office hours and contact information. Patrick Wilson addressed the Council with concerns related to the salaries as proposed in the Community Development reorganization item. X. COMMUNICATIONS There were no items for this section of the agenda.  7649 XI. CONSENT CALENDAR: It was moved by Council Member Macedo, seconded by Vice Mayor Castellanoz, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 4 and 5. (1) Authorization to read ordinances by title only. (2) Approve minutes of March 16, 17 and 21, 2017 special/regular meeting(s). (3) 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 Coordinator (salary code 2046, $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); and 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). (4) Receive for review the proposed Capital Improvements Projects Budget for Fiscal Years (FY) 2017-2022 and direct staff to make any final modifications prior to presenting them to the Planning Commission. Council Member Nunley pulled the item to ask for a modification of the agenda language. He stated that he is not comfortable with approving as stated as it eludes to Council not having another chance to review. Following discussion, it was moved by Council Member Nunley, seconded by Council Member Sigala and unanimously carried to approve the item amended as follows: Receive for review the proposed Capital Improvements Projects Budget for Fiscal Years (FY) 2017-2022 and direct staff to present to the Planning Commission for the purposes of the proposed projects conforming with the General Plan.  7650 (5) 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. Accept a Grant of Easement for temporary access for emergency vehicle purposes to the City of Tulare and authorize the City Manager to sign the Certificate of Acceptance. Council Member Nunley pulled the item to declare a business conflict and left discussions. It was moved by Council Member Macedo, seconded by Vice Mayor Castellanoz and unanimously carried 4 to 0 (Council Member Nunley recused) to approve the item as presented. (6) Adopt Resolution 17-18 setting the Maximum Utility User’s Tax at $11,430.00 per utility for the period July 1, 2017 through June 30, 2018. (7) Receive, review, and file the Monthly Investment Report for February 2017. XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Proclamation in honor of National Library Week, April 9 – 15, 2017. Community Development Director introduced library staff Jane Zikratch and Heidi Clark who are accepting the Proclamation. Mayor Jones presented the Proclamation in honor of National Library Week and thanked Ms. Zikratch and Ms. Clark for their efforts. XIII. MAYOR’S REPORT There were no items for this section of the agenda. XIV. STUDENT REPORTS Ashley Logue 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) City Manager: a. Review, discussion and consideration of adopting Resolution 17-19 supporting Senate Bill 54 (De Leon) and declaring the City of Tulare a Sanctuary City. Interim City Manager Joe Carlini introduced the item, clarifying for the record as stated earlier by Mayor Jones that the matter will only address the issue of consideration of Senate Bill 54. Catherine Forbes, David Higdon, Helen Souza, Susan Walsh, Michelle Moore, Dave Frost, Alberto Aguilar, Jaqueline Cardoza, Lynn Todd Petersdorf, Ron Blain, Richard Maness, Mark Lippincott, Michelle Lippincott,  7651 Dave Scott, Ruth Scott and Victoria Howard addressed the Council and spoke in opposition of SB 54. Linda Castillo, Sal Cazarez, Katie Wagner, Benny Corona, Pedro Hernandez, Jessica Macias, Genesis Panella, Art Rodriguez, Angel Garcia and Raul Gallegos addressed the Council and spoke in support of SB 54. Council Member Sigala thanked everyone for their attendance and commented on the item. Council Member Nunley commented and stated that he is not for a Sanctuary State or Sanctuary City. Council Member Macedo commented, and although we don’t have the ability to send a letter of opposition based upon the item as worded tonight, the Council can, simply not send one altogether. Vice Mayor Castellanoz commented in support of not taking a political position on the matter and continue to support our police department and our chief. Mayor Jones commented and expressed his reasons for non-support of Senate Bill 54. Following comment, it was moved by Council Member Sigala to adopt Resolution 17-19 as amended, motion died for lack of a second. b. Receive update on AB 2 Community Revitalization and Investment Authorities and provide direction to staff. It was moved by Council Member Sigala to table the item to the next meeting and have it placed earlier on the General Business section of the agenda. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to move the item as requested to the April 18 th meeting. (2) Economic Development: a. Council consideration and direction to staff on the request by the Tulare County Fair for an economic development assistance grant in the sum not to exceed $25,000 for the repair and replacement of broken infrastructure serving the fairground Grandstand area. Greg Nunley declared a business conflict and stepped out of the meeting. 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 carried 4 to 0 (Council Member Nunley recused) to approve the item as presented.  7652 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. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. Community Development Deputy Director Traci Myers provided additional information as requested at the last meeting. The applicant has agreed to defer until Certificate of Occupancy and work with the new City Attorney to amend the Ordinance to address future DIF deferrals. Council Member Nunley asked for the provision be until Notice of Completion. Additionally, he requested staff to review aligning the residential referral with the commercial, if possible. Following discussion, it was moved by Council Member Macedo, seconded by Council Member Sigala and unanimously carried to approve the item as presented with the noted provision change. XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(2) XVII. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 9:57 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