City Council Meeting

7708 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE August 15, 2017 A regular session meeting of the City Council, City of Tulare was held on Tuesday, August 15, 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, Wes Hensley, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Barstch, Jason Bowling, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIAND AND INVOCATION Vice Mayor Castellanoz led the Pledge of Allegiance and an invocation was given by Mayor Jones. 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. Evan Orgeron, Chamber Board Member, addressed the Council regarding a new program that serves to strengthen the relationship between business and education in Tulare through the Tulare Chamber’s Tulare Business & Education Council and introduced Interns Jorge Garcia and Angelina Mejia-Leyvas who encouraged business owners to utilize this program and disseminated applications for those interested in participating businesses. Jason Bender addressed the Council regarding his dismissal from his volunteer duties at the Council, Board of Public Utilities and Planning Commission meetings. Deanne Martin-Soares addressed the Council regarding statements made by Mayor Jones regarding hospital board meetings.  7709 Michelle Moore addressed the Council regarding the use of the council chambers for hospital board meetings. Vicki Gilson addressed the Council regarding the use of the council chambers for public meetings. Alberto Aguilar addressed the Council regarding the use of the council chambers for hospital board meetings. Craig Vejvoda addressed the Council regarding the use of the council chambers for public meetings. IV. COMMUNICATIONS There were no items for this section of the agenda. V. 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 item(s) 4 & 5. (1) Authorization to read ordinances by title only. (2) Approve minutes of August 1, 2017 regular meeting(s). (3) Accept the required public works improvements for Quail Creek No.2 Subdivision located west of Morrison Street, north of Levin 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. (4) Accept the required public works improvements for Quail Creek No.3 Subdivision located west of Morrison Street, north of Levin 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. (5) Approve a list of pre-qualified consultants for on-call construction management, resident engineer and inspection services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with NV5 Inc. of Fresno, CA, 4Creeks, Inc. of Visalia, CA, and 4Leaf, Inc. of Pleasanton, CA for a period of up to two years. Items 4 & 5 were pulled by Council Member Nunley due to financial conflict and recused himself from discussions. Without further discussion or  7710 comment, it was moved by Council Member Macedo, seconded by Council Member Sigala and carried 4 to 0 (Council Member Nunley recused) to approve both items as presented. (6) Approve a list of pre-qualified consultants for on-call construction surveying services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Lane Engineers, Inc. of Tulare, CA, 4Creeks, Inc. of Visalia, CA, Provost & Pritchard of Visalia, CA and Cannon of Bakersfield, CA for a period of up to two years. (7) Approve a list of pre-qualified consultants for on-call geotechnical engineering and materials testing services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with NV5 West, Inc. of Bakersfield, CA, Krazan & Associates, Inc. of Clovis, CA, Moore Twining Associates, Inc. of Fresno, CA and Kleinfelder of Fresno, CA for a period of up to two years. (8) Approve a list of pre-qualified consultants for on-call labor compliance and monitoring services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Labor Consultants of California of Hanford, CA, QK of Visalia, CA, and WSP of Sacramento, CA for a period of up to two years. (9) Authorize the City Manager to enter into a contract subject to minor conforming and clarifying changes acceptable to the City Attorney and the City Manager with 5 Bars, LLC for a master plan and marketing strategy for wireless communications facilities and infrastructure; and authorize the City Manager to approve Future License Agreements with wireless carriers working with 5 bars LLC that are congruent with the a developed and approved wireless master plan. (10) Authorize City Manager or designee to sign 2017/2018 Contract with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide meals and services to the senior citizens in the community and immediate area. VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda.  7711 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. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY – Mayor Jones convened jointly at 8:40 p.m. (1) City Council: a. Recommend a purchase offer to the Successor Agency to the Tulare Redevelopment Agency for purchase of Assessor Parcel Number (“APN”) 170-241-011, Property #12 for the amount of $42,500.00, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. Following presentation by General Services Director Steve Bonville, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve as presented. b. Recommend a purchase offer to the Successor Agency to the Tulare Redevelopment Agency for purchase of Assessor Parcel Number (“APN”) 170-241-012, Property #13 for the amount of $42,500.00, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. Following presentation by General Services Director Steve Bonville, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve as presented. c. Recommend a purchase offer to the Successor Agency to the Tulare Redevelopment Agency for purchase of Assessor Parcel Number (“APN”) 170-242-016, Property #14 for the amount of $38,750.00, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. Following presentation by General Services Director Steve Bonville, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve as presented. d. Recommend a purchase offer to the Successor Agency to the Tulare Redevelopment Agency for purchase of Assessor Parcel Number (“APN”) 170-242-017, Property #15 for the amount of $38,750.00, and to authorize the City Manager to sign all documents required for the sale  7712 and Legal Counsel to make any minor conforming changes. Following presentation by General Services Director Steve Bonville, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve as presented. (2) Successor Agency: a. Accept and recommend a purchase offer from the City of Tulare to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency (“Oversight Board”) for purchase of Assessor Parcel Number (“APN”) 170-241-011, Property #12, in the amount of $42,500. It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to approve as presented. b. Accept and recommend a purchase offer from the City of Tulare to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency for purchase of Assessor Parcel Number (“APN”) 170-241-012, Property #13 for the amount of $42,500. It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to approve as presented. c. Accept and recommend a purchase offer from the City of Tulare to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency for purchase of Assessor Parcel Number (“APN”) 170-242-016, Property #14 for the amount of $38,750. It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to approve as presented. d. Accept and recommend a purchase offer from the City of Tulare to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency for purchase of Assessor Parcel Number (“APN”) 170-242-017, Property #15 for the amount of $38,750. It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to approve as presented. X. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL – Mayor Jones adjourned the joint meeting, but remained seated as the Tulare City Council at 8:44 p.m.  7713 XI. 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. Discuss attendance at the League of California Cities Annual Conference, scheduled September 13 – 15, 2017 and select Voting Delegate and alternate for Conference business session to be held Friday, September 15, 2017, authorizing the City Clerk to execute the delegate form; and Review the Annual League of California Cities Conference Resolution providing input/direction to the City’s voting delegate. City Manager Joe Carlini provided a brief report for the Council’s review and consideration. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to select Mayor Jones as the City’s voting delegate. Council Member Sigala will serve as the City’s alternate if Mayor Jones is unable to serve. In the interest of time and to allow Council time to review the proposed League Business Resolutions further, this portion of the item is continued to the meeting of September 15, 2017. (2) Community & Economic Development: a. Council consideration and direction to staff on the request by VCD Athletic Program for an economic development assistance grant in the sum of $1040 for the payment of fees and costs associated with the rental of Zumwalt Park for a free Olympic Amateur boxing event to be held September 23, 2017. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Applicant Hector Allatore addressed the Council in support of the request. Following comment, it was moved by Council Member Macedo, seconded by Council Member Sigala and unanimously carried to approve the item as presented. (3) Transit: a. Status update on the formation of a Regional Transit System between local Cities and County. Ted Smalley, TCAG Executive Director, provided a status update for the Council’s consideration and consensus for support. Following discussion, it was the consensus of the Council to support the proposal as presented.  7714 (4) City Attorney: It was moved by Council Member Macedo, seconded by Council Member Sigala and unanimously carried to move Item 4a up on the agenda for the benefit of those in attendance. a. Discussion of current City of Tulare policy, relating to use of City Council Chambers for purposes other than City business. Based upon the recommendation of the City Attorney and as a result of concerns relating to after-hours staffing and public safety, adopt amendment to policy that would limit usage for purposes other than City business or, in the alternative, adopt proposed amendment to policy that would prohibit use of Council Chambers for purposes other than City business. City Attorney Heather Phillips provided a report for the Council’s review and consideration. Ms. Phillips clarified for the record that this item is not specific to hospital board use of the Council Chambers. She further went on to state that at issue is adequate staffing and public safety for meetings that are held in the Council Chambers. Ms. Phillips highlighted areas of amendment to the policy to provide for rental use during library hours only, a decorum clause and requiring an estimation of attendance. Council Member Sigala expressed concerns that the City Attorney has only provided a verbal report on proposed amendments and has not included written documentation of same. Council Member Sigala questioned that the Library Board has oversight over not only the Library, but also the Council Chambers. Community Services Director Rob Hunt addressed questions related thereto. Council Member Sigala inquired about police calls regarding these meetings. Police Chief Wes Hensley responded thereto. Chief Hensley expressed concerns over the use of the meetings during library hours due to safety issues of library patrons if those meetings become heated. City Attorney Phillips stated that the topic of discussion was to review the policy, present proposed amendments orally, and if the Council directs revisions to the policy, it will be drafted and brought back for review and consideration at a future meeting. Council Member Macedo suggested another option of requiring groups to supply their own security and be responsible for additional costs to provide for adequate city staff to cover the meetings. Council Member Castellanoz expressed that the Council is here to review the policy to address those areas that need clarification and that it is not specific to a particular group.  7715 Mayor Jones stated that the reason the item is on the agenda is that the rental policy should match the policies we have for other city facilities. Following a lengthy discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to direct staff to revise the policy to provide clarification and uniformity to the City’s facility rental policy and to include the following: 1. Account for number of participants; 2. Security costs, if warranted, based upon staff developed criteria; 3. Additional costs for after-hours use, with the goal to be out by 7 p.m.; 4. Additional items added by staff and expressed by Council, such as hours of use, be incorporated into the policy with the intent that it does not exclude use of the Council Chambers by the public; XII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XIII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Jones adjourned to closed session at 9:29 p.m. (a) 54956.8b Conference with Real Property Negotiators Property: Properties purchased from RDA, APN’s #170-241-011, #170-241-012, #170-242-016, and #170-242-017 Under Negotiation: Price, terms, conditions of sale for potential sales and/or development agreements Negotiating parties: Joe Carlini, Steve Bonville, Josh Mc Donnell, and Heather Phillips (b) 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 (c) 54957(b)(1) – Public Employee Performance Evaluation: City Manager XIV. RECONVENE FROM CLOSED SESSION Mayor Jones reconvened from closed session at 10:10 p.m. XV. CLOSED SESSION REPORT (if any) Mayor Jones advised there were no reportable actions.  7716 XVI. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 10:10 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