City Council Meeting

7703 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE August 1, 2017 A regular session meeting of the City Council, City of Tulare was held on Tuesday, August 1, 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, Janice Avila, Steve Bonville, Willard Epps, Donnie Smith, Rob Hunt, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Cindy Root, Nick Barstch, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIAND AND INVOCATION Jim Pennington led the Pledge of Allegiance and an invocation was given by Rudy Mendoza. III. 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. There were no public comments. IV. COMMUNICATIONS There were no items for this section of the agenda. V. CONSENT CALENDAR: It was moved by Council Member Macedo, seconded by Council Member Sigala, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item(s) 7 & 9. (1) Authorization to read ordinances by title only.  7704 (2) Approve minutes of July 18, 2017 regular meeting(s). (3) Declare Erica Cubas’ seat on the Board of Public Utilities vacant and direct staff to post the vacancy and solicit applications. (4) Authorize an amendment to the subdivision improvement agreement for the Vista Terraza Subdivision reflecting a six (6) month time extension from date of Council approval, resulting in a new subdivision improvement agreement with an expiration date of February 1, 2018. (5) Accept as complete the contract with Emmett’s Excavation, Inc. for work on Project EN0023 to construct the Santa Fe Trail Grade Separation Project. 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. (6) Receive, review, and file the Monthly Investment Report for June 2017. (7) Approve the Tulare Fire Department’s Unmanned Aircraft System “Drone” (UAS) program and authorize the City Attorney to sign the Application for Certificate of Waiver/Authorization for an Unmanned Aircraft System Operation. Council Member Sigala pulled the item to comment on the need to address privacy issues with this policy and that penalties are imposed to address misuse. He encouraged both the Fire Chief and Police Chief to bring back the policies in the future that address these concerns. Fire Chief Epps and HR Director Avila confirmed such language would be incorporated. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve the item as presented, ensuring policies to address privacy. (8) Award Bid 17-618 to Will Tiesiera Ford in the amount of $36,136.11 for the purchase of one (1) Regular Cab Three Quarter (3/4) Ton Service Truck with Lift Gate. (9) Authorize the Sale of the Property at 340 Howard APN #175-352-001 for $75,100.00 to Varo Real Investments and authorize the City Manager to sign paperwork related to the sale of the property and Legal Counsel to make any conforming changes. Council Member Sigala pulled the item to comment on the City serving as a landlord and questioned whether it is a family purchase or a corporate purchase. Questions and comments posed by Council were addressed by General Services Director Bonville. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve the item as presented.  7705 VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. VII. MAYOR’S REPORT There were no items for this section of the agenda. VIII. STUDENT REPORTS There were no items for this section of the agenda. IX. 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 17-35 confirming diagram and assessments and levying assessments for fiscal year 2017-18 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. Interim Community and Economic Development Director Michael Miller provided a report for the Council’s review and consideration. Mayor Jones opened the public hearing at 7:21 p.m.; with no public comments, he closed the public hearing at 7:21 p.m. Questions posed by Council Member Nunley regarding noticing of reductions in assessments, the inclusion of streets in some of the assessments and how funds are accounted were addressed by staff. Following a lengthy discussion, it was moved by Council Member Macedo, seconded by Council Member Sigala and carried 4 to 1 (Council Member Nunley voting no) to adopt Resolution 17-35 as presented. b. Public hearing to adopt Resolution 17-36 approving the proposed 2015- 2019 Consolidated Plan Amendment; PY 2014-2015 CDBG Annual Action Plan Amendment; PY 2015-2016 CDBG Annual Action Plan Amendment; PY 2016-2017 CDBG Annual Action Plan Amendment and adopt Resolution 17-37 approving the proposed PY 2017-2018 Annual Action Plan and to authorize the Mayor to execute the necessary certifications for transmittal to the Department of Housing and Urban Development (HUD) and authorize the City Manager to execute the necessary sub-recipient agreements, amendments and authorize payments related thereto. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Mayor Jones opened the public hearing at 8:06 p.m.; with no public comments, he  7706 closed the public hearing at 8:06 p.m. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to adopt Resolution 17-36 as presented; it was further moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to adopt Resolution 17-37 as presented. (2) City Manager: a. Consideration to authorize of a Letter in Opposition for SB 35 (Wiener) proposed legislation which would pre-empt local discretionary land use authority by making approvals of multi-family developments ministerial actions, bypassing the California Environmental Quality Act (CEQA) and public input. City Manager Joe Carlini introduced the item and Richard Harman of Townsend Public Affairs who provided a report for the Council’s review and consideration. Following discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Nunley and unanimously carried to approve the item as requested. (3) Community Development: a. Receive update on AB 2 Community Revitalization and Investment Authorities and provide direction to staff. City Manager Joe Carlini provided a report for the Council’s review and consideration. Following discussion, Council Members Sigala and Nunley suggested working with staff to review further to bring back to Council at a future meeting; the Council by concurrence agreed. (4) General Services: a. Update on the legislative efforts to secure purchase of Women’s Club House and skate park properties from Union Pacific Railroad. Rudy Mendoza of Congressman Nunes’ office addressed the Council on the status of HR 805. Mr. Mendoza encouraged staff to contact local Senators to support this legislation. X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Nunley requested an update on the Fuel Cell project at the plant. City Manager Joe Carlini indicated that the 2.8-megawatt facility would be operational on September 1. Council Member Sigala inquired when his request for staff report regarding naming intersections would be placed on agenda as authorized on June 6, 2017. Hector Alatorre addressed the Council regarding having a “free” boxing event at Zumwalt.  7707 Mayor Jones and Vice Mayor Castellanoz expressed concern over the hospital meetings being held in the City’s Council Chambers due to the proximity to the library and the safety of its patrons in light of the tone and tensions of those meetings City Attorney Heather Phillips encouraged Council to discuss at a future meeting. It was moved by Mayor Jones, seconded by Council Member Macedo and approved 4 to 1 (Council Member Sigala voting no) to place this item on the next agenda. XI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Jones adjourned to closed session at 9:37 p.m. (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): Tulare City Professional Fire Fighters Association (all units); C.L.O.C.E.A Negotiators: Joseph V. Carlini, Heather N. Phillips XII. RECONVENE FROM CLOSED SESSION Mayor Jones reconvened from closed session at 9:55 p.m. XIII. CLOSED SESSION REPORT (if any) Mayor Jones advised there were no reportable actions. XIV. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 9:55 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