City Council Meeting

7682 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE June 6, 2017 A closed session meeting of the City Council, City of Tulare was held on Tuesday, June 6, 2017, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz6:30 p.m., David Macedo, Greg Nunley, Jose Sigala STAFF PRESENT: Joe Carlini, Heather N. Phillips, David Garcia, Steve Bonville, Janice Avila, Melissa Hermann I. CALL TO ORDER CLOSED SESSION OF THE TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY Mayor Jones called the closed session to order at 6:15 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 at 6:15 p.m. for items as noted on the agenda. (a) 54956.8b Conference with Real Property Negotiators Property: located in Goshen, California APN #072-050-018 Under Negotiation: Price, terms, conditions regarding disposition of property Negotiating parties: Joseph Carlini, Steve Bonville, Heather N. Phillips (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Vohra v. City of Tulare, TCSC Case No. VCU266567 (c) 54957(b)(1) – Public Employment: City Manager IV. RECONVENE CLOSED SESSION Mayor Jones reconvened from closed session at 7:19 p.m.  7683 V. CLOSED SESSION REPORT (if any) Mayor Jones advised there was no reportable action regarding Items a and b. In regard to Item c, an offer of employment was (unanimously) extended to current Interim City Manager, Joe Carlini. Council Member Macedo stated he had recused himself during Item a due to a conflict of interest. A regular session meeting of the City Council, City of Tulare was held on Tuesday, June 6, 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 STAFF PRESENT: Joe Carlini, Heather N. Phillips, David Garcia, Darlene Thompson, Janice Avila, Wes Hensley, Willard Epps, Rob Hunt, Steve Bonville, Nick Bartsch, Traci Myers, Melissa Hermann VI. ADJOURN CLOSED SESSION Mayor Jones adjourned closed session at 7:21 p.m. VII. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:29 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Interim City Manager Joe Carlini led the Pledge of Allegiance and an invocation was given by Community Services Director Rob Hunt. 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. Paul Frietas addressed the Council regarding residential curbing in his neighborhood, speed limit issues and requested a stop sign near the Senior Center and surrounding areas.  7684 Donnette Silva-Carter of the Tulare Chamber of Commerce extended an invitation for the Business After Hours event at Altura Center of Health this Thursday and to the Salute to the Dairy Industry and Coronation event this Friday at the Heritage Complex. X. COMMUNICATIONS There were no items for this section of the agenda. XI. CONSENT CALENDAR: It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 3, 4, 6, 7, and 8. (1) Authorization to read ordinances by title only. (2) Approve minutes of May 16, May 30 & May 31, 2017 special/regular meeting(s). (3) Receive the proposed 2017/18 budgets and the fiscal years 2017-2022 projects budgets for Council review and study prior to budget adoption on June 20, 2017. Council Member Sigala pulled this item to inquire about a project regarding the replacement of the Police Department natural gas powered standby generator to a diesel-powered generator. General Services Director Steve Bonville provided a response thereto. Council Member Sigala inquired about the project regarding the Live Oak or Bender Park rehabilitation, asking if this is an “and/or” project. Community Services Director Rob Hunt responded thereto. Senior Project Manager Nick Bartsch provided additional information to address questions from Council Member Sigala. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz, and unanimously carried to accept the item as presented. (4) Authorize the City Manager to approve City Attorney billing invoices dated April 1, 2017 through execution of a contract for legal services in excess of the City Manager’s approval authority as provided in the City’s Purchasing Policy, not to exceed $80,000. Council Member Macedo pulled this item and stated he was opposing it. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz, and carried 4-1 (Council Member Macedo voting no) to accept the item as presented. (5) Adopt Resolution of Intent 17-21 receiving the draft report of Tulare Downtown Association (TDA) Board of Directors, and setting June 20, 2017, as the public hearing date regarding annual downtown district assessments.  7685 (6) Authorize an amendment to the subdivision improvement agreement for the Tesori subdivision reflecting a twelve (12) month time extension from date of Council approval, resulting in a new subdivision improvement agreement expiration date of June 6, 2018. Council Member Nunley recused himself from this item stating there is a business conflict of interest. It was moved by Council Member Macedo, seconded by Vice Mayor Castellanoz, and carried 4-0 (Council Member Nunley recused) to accept the item as presented. (7) Approve updates to Administrative Policy 15-01 Transportation System Planning Policy. Council Member Sigala pulled this item to receive clarification on a line item regarding safe schools and requested to increase the amount from $15,000 to $20,000. He also inquired about the Measure I funds being used for streets. Senior Project Manager Nick Bartsch provided a response thereto. Following discussion, it was moved by Council Member Sigala to accept the item with an amendment to increase funding for safe schools from $15,000 to $20,000. This motion died for lack of a second. It was moved by Council Member Sigala, seconded by Council Member Macedo, and unanimously carried to accept the item as presented. (8) Approve the project budget for improvements to Cartmill Avenue between the Cartmill Avenue Interchange at Highway 99 and De La Vina St. Consider award of a contract to Peters Engineering Group of Clovis, CA in an amount not to exceed $623,138 for field surveying and mapping, utility coordination, geotechnical analysis, engineering design, right-of-way acquisition (appraisals, negotiation, contracts and documentation), and bidding and engineering construction support services as needed. Authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($62,313.80) of the contract award amount. Council Member Macedo pulled this item to recuse himself stating a property conflict of interest. Council Member Nunley recused himself stating a property conflict of interest. Council Member Sigala inquired about the cost per mile charge in the contract, which is higher than the standard rate in addition a footnote stating a labor surcharge would be charged if the project was required to be accelerated. Senior Project Manager Nick Bartsch provided a response thereto. Following discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala, and carried 3-0 (Council Members Macedo and Nunley recused) to accept the item as presented. (9) Adopt Resolution 17-22 designating and authorizing the City Manager or his/her designees to act on behalf of the City of Tulare to execute applications and agreements for California Low Carbon Transit Operations Program (LCTOP).  7686 (10) Receive, review, and file the Monthly Investment Report for April 2017. (11) Authorize the City Manager to negotiate a contract with Bowen Engineering subject to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Bowen Engineering in the amount of $154,000 for the remediation of arsenic from properties APN #169-140-013 and APN #169-140-014 located on Cross and North J Street, contingent to a Purchase and Sale Agreement between the City of Tulare and Orosco Development for the purchase of the properties once remediated. XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentation regarding Explorer Program. A short presentation was provided by Officer Luis Jaramillo regarding the Explorer Program. XIII. MAYOR’S REPORT There were no items for this section of the agenda. XIV. STUDENT REPORTS There were no items to report. 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 17-23 approving a mitigated negative declaration for General Plan Amendment No. 2016-03 and Zone Amendment No. 718 (Resolution 5232) and Resolution 17-24 to approve General Plan Amendment 2016-03 providing for a change in land use designation on 6.76 acres from Community Commercial to Low Density Residential (LDR, 3.1 to 7 units/acre); and 4.01 acres from Community Commercial to Medium Density Residential (MDR, 7.1 to 14 units/acre), and pass-to-print Ordinance 17-05 approving Zone Amendment No. 718, changing the zoning on 6.76 acres from C-3 (Retail Commercial) to R-1- 6PD (Single family residential, 6,000 sf minimum lot area, planned development); and 4.01 acres from C-3 (Retail Commercial) to R-M-2 (Multi-family residential, 3,000 sf lot area per unit). Property is located at the southeast corner of North “J” Street and Cartmill Avenue (APN 164-040-006). Council Member Macedo recused himself from this item stating a property conflict of interest. King James addressed the Council with  7687 various concerns the project may have near his residence. Council Member Nunley requested this item be continued due to receiving material related to this item late and there was a lack of time for review. Council Member Nunley requested that staff provide complete information when packets are distributed. Following discussion, it was moved by Council Member Nunley, seconded by Council Member Sigala, and carried 4-0 (Council Member Macedo recused) to continue this item on the June 20, 2017 agenda. (2) City Manager: a. Consideration of appointment of Police Review Board Member to an at- large vacancy by the City Council for term ending December 31, 2018. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. Mayor Jones invited applicants to speak to the Council regarding their background and desire to serve on the Police Review Board. It was moved by Vice Mayor Castellanoz, seconded by Council Member Macedo, and unanimously carried to appoint Duane Goree, Jr. to the Police Review Board. b. Consideration of appointment of two alternate Mid Kaweah Groundwater Sustainability Agency Board Directors who may participate only when a principal director is absent. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. Council Member Macedo stated that the alternates should be from the Board of Public Utilities. Gregory Blevins and Howard Stroman volunteered to be alternates. It was moved by Council Member Macedo, seconded by Vice Mayor Castellanoz, and unanimously carried to appoint Gregory Blevins and Howard Stroman as alternates on the Mid Kaweah Groundwater Sustainability Agency Board of Directors. c. Approve a legal services agreement with Goyette & Associates, Inc., for City Attorney Services for the City of Tulare, and authorize the City Manager to execute the agreement on behalf of City Council. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz, and carried 4-1 (Council Member Macedo voting no) to approve the item as presented.  7688 d. Consideration of approving or denying a Letter of Support of Senate Bill 687 (Skinner) 1b, which would require any non-profit corporation that operates a health facility that includes an emergency center to obtain the consent of the Attorney General prior to planned elimination or reduction in the level of emergency medical services provided. Interim City Manager Joe Carlini provided a report for the Council’s review and consideration. Council Member Sigala provided additional information regarding this item. It was moved by Council Member Sigala to accept this item as presented. This motion died for lack of a second. (3) Police/Fire: a. Review and discuss the Pueblo Fest special event fee administered by the Tulare Police Department and Tulare Fire Department. Mayor Jones stated this item is pulled from the agenda. XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) It was moved by Council Member Sigala to agendize discussion on developing a policy on naming intersections after an individual, seconded by Vice Mayor Castellanoz, and carried 4-1 (Council Member Macedo voted no). Council Member Sigala requested clarification regarding the development of the Economic Development taskforce following the reorganization. Interim City Manager Joe Carlini stated the creation of the taskforce will be addressed once an Economic Development Director and staff is hired. It was moved by Council Member Sigala to agendize for discussion and appointment of a Council Member to serve as a representative on the County Homelessness taskforce, seconded by Vice Mayor Castellanoz and unanimously carried 5-0. It was moved by Council Member Sigala to agendize a presentation on the ACT for Women and Girls organization, seconded by Vice Mayor Castellanoz, and carried 4-1 (Mayor Jones voted no). It was moved by Council Member Sigala to agendize a presentation on the Clean Air Advisory Committee, seconded by Council Member Nunley, and carried 3-2 (Council Member Macedo and Mayor Jones voted no). It was moved by Vice Mayor Castellanoz to agendize for discussion setting a time limit of 9:30 p.m. for Council meetings, seconded by Council Member Macedo, and carried 4-1 (Council Member Sigala voted no).  7689 XVII. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 9:07 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