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City Council Meeting

Regular Meeting

Tulare, CA · November 7, 2017

AgendaMinutes

Minutes

7741 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE November 7, 2017 A regular session meeting of the City Council, City of Tulare was held on Tuesday, November 7, 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: Wilmar Lazo STUDENTS ABSENT: Palwinder Dhillon, Lasha Nunez STAFF PRESENT: Joe Carlini, Heather Phillips, Sarah Tobias, Cameron Long, Barry Jones, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Melissa Hermann I. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:39 p.m. II. PLEDGE OF ALLEGIAND AND INVOCATION Ryan Kalama led the Pledge of Allegiance and an invocation was given by Pastor Sunderland. 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. Donnette Silva-Carter and Ryan Kalama addressed the Council regarding his Eagle Scout project, the marquis clean up, and donations received from various local clubs and businesses that contributed to this project. Donnette Silva-Carter of the Tulare Chamber of Commerce addressed the Council regarding the mixer event at Outlets. Brittany Drew & Nicholas Portay addressed the Council regarding the purchase of 134 So. K Street (Item SA1b on agenda). 7742 Carlos “Charles” Ramos addressed the Council in support of Chief Hensley and the amount of time that it is taking to address this issue. Ben Brubaker addressed the Council regarding recording during public meetings and concerns related to responsiveness to public records act requests. Stephen Harrell addressed the Council in support of Chief Hensley and the amount of time that it is taking to address this issue and responsiveness to public records act requests. IV. COMMUNICATIONS (1) Letter dated October 27, 2017 from Economic Development Corporation Board of Directors. City Manager Joseph Carlini provided background information on the item for the Council’s consideration. V. CONSENT CALENDAR: It was moved by Council Member Sigala, 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) 3. (1) Authorization to read ordinances by title only. (2) Approve minutes of October 17, 2017 regular meeting(s). (3) Final acceptance of public works improvements for Vista Terraza Subdivision located west of Mooney Boulevard and north of Prosperity Avenue as complete. Council Member Nunley recused himself from the item due to a business conflict. With no further discussion, it was moved by Council Member Macedo, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Nunley recused) to approve the item as presented. (4) Receive, review, and file the Monthly Investment Report for September 2017. (5) Approve a piggyback contract through Shasta County and authorize the City Manager to sign a (72) month agreement with Ray Morgan Company for all of the City’s copiers, excluding the four color copiers, covered by a 2016 agreement. (6) Adopt Resolution 17-51 authorizing the surplus of seventeen (17) City Vehicles. (7) Award Bid 18-631 to Will Tiesiera Ford in the amount of $27,934.00 for the purchase of one (1) 2018 Ford Police Interceptor Utility Vehicles. 7743 (8) Award Bid 18-632 to Will Tiesiera Ford in the amount of $29,969.10 for the purchase of one (1) 2018 Ford Police Canine Interceptor Utility Vehicles. (9) Award Bid 18-633 to Will Tiesiera Ford in the amount of $174,819.96 for the purchase of six (6) 2018 Ford Police Interceptor Utility Vehicles. (10) Award Bid 18-634 to Will Tiesiera Ford in the amount of $23,845.40 for the purchase of one (1) 2018 Ford Regular Cab Half Ton Pickup Truck for Streets Division. (11) Award Bid 18-635 to Will Tiesiera Ford in the amount of $78,495.60 for the purchase of three (3) 2018 Ford Extended Cab Half Ton Pickup Trucks, two (2) for Code Enforcement, one (1) for Facility Maintenance. (12) Award NJPA Bid to Wondries Fleet Group (National Auto Fleet Group) in the amount of $57,197.68 for the purchase of an Animal Control Vehicle. (13) Authorize a two percent (2%) salary adjustment for the Tulare Professional Firefighters Association Non-Management Bargaining Group, Tulare City Professional Firefighters Association Management Bargaining Group and the Tulare City Professional Firefighters Association Division Chief Officer Group (TPFA) effective with the pay period beginning on June 23, 2017 June 23, 2018; authorize the City’s negotiating team to execute a sideletter agreement between the City of Tulare and the TPFA extending the provisions of the existing Memorandums of Understanding (MOU) for each group for a period of one year – through June 30, 2019. (14) Grant permission for Tulare Public Library’s annual participation in the national campaign, “Food for Fines,” which allows customers to reduce their late fines by donating food and now coats to local agencies like the Tulare Emergency Aid Council. (15) Authorize purchases through an existing competitively bid contract (number MA-IS-1740313) between Los Angeles County (CA) and Motorola Solutions; including the purchase of 3 Motorola Console Radios along with necessary hardware and software, not to exceed $126,000. Additionally, authorize future purchases within purchasing policy limits using this contract. (16) Authorize the acceleration of previously appropriated funds for approved project FM2016-7 “Replacement of Police Department Standby Generator” from fiscal year 2018/2019 to fiscal year 2017/2018 and approve the revised project budget with an increase of $63,000 to cover revised anticipated costs; and Approve a design contract with Provost & Prichard Consulting Group for engineering services related to the replacement of the Police Department Generator in an amount not to exceed $29,200 7744 Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($2,920) of the contract award amount. VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS VII. MAYOR’S REPORT VIII. STUDENT REPORTS Wilmar Lazo reported on various school related activities. 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 8:05 p.m. (1) Successor Agency: (a) Recommend a purchase offer to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency (“Oversight Board”) for purchase of Assessor Parcel Number (“APN”) 175-220-010, Property #3 for the amount of $45,000.00 to David Paul Safina, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. General Services Director Steve Bonville provided a report for the Council’s review and consideration. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried to approve the item as presented. (b) Recommend a purchase offer to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency (“Oversight Board”) for purchase of Assessor Parcel Number (“APN”) 176-082-010, Property #23 for the amount of $180,000.00, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. General Services Director Steve Bonville provided a report for the Council’s review and consideration. Following discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and unanimously carried to approve the item as presented. (c) Recommend to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency to accept and record the “Scope of Work Waiver; Confirmation of Termination of Option to Repurchase, Power of Termination and Right of Reentry in Grant Deed for Assessor 7745 Parcel Number (“APN”) 169-140-015. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve the item 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 as the Successor Agency to the Redevelopment Agenda at 8:29 p.m., but remained seated as the Tulare City Council. 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) Public Hearing: a. Public Hearing to adopt Resolution 17-52 adopting a Mitigated Negative Declaration for the Villa Toscana 2 Tentative Subdivision Map and Zone Amendment No 723; and pass-to-print Ordinance 17-08 approving Zone Amendment No. 723, changing the existing zoning from the RM-1 (Multi- Family) zone district to the R-1-5 (Single Family Residential, 5,000 square foot minimum lot size) zone district on property located on the south side of Olema Avenue at Hall Street, approximately 450 feet west of West Street. Council Member Nunley recused himself due to a business conflict. Steven Sopp, Associate Planner provided a report and PowerPoint slide presentation for the Council’s review and consideration. Mayor Jones opened the Public Hearing at 8:33 p.m.; receiving no public comment, he closed the Public Hearing at 8:33 p.m. With no further discussion, it was moved by Council Member Macedo, seconded by Council Member Sigala and carried 4 to 0 (Council Member Nunley recused) to adopt Resolution 17- 52, as presented; it was further moved by Vice Mayor Castellanoz, seconded by Council Member Macedo and carried 4 to 0 (Council Member Nunley recused) to pass-to-print Ordinance 17-08, as presented. (2) Finance: a. Adopt Resolution of Intention 17-53 to approve an amendment to the Contract between the City of Tulare and the Board of Administration of the California Public Employees’ Retirement System; and, pass-to-print Ordinance 17-09, authorizing an amendment to the Contract between the City of Tulare and the Board of Administration of the California 7746 Public Employees’ Retirement System to provide for changes to include employee cost-sharing of City’s PERS cost. Finance Director Darlene Thompson provided a report for the Council’s review and consideration. With no discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried to adopt Resolution of Intention 17-53 as presented. It was further moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to pass-to- print Ordinance 17-09 as presented. (3) Project Management: a. Review 30% design plans and cost estimates for improvements to the Cartmill Avenue Corridor between the Cartmill Avenue Interchange at Highway 99 and De La Vina Street, and improvements to the Retherford Street and Hillman Street intersections; and provide direction to Staff regarding any desired changes to scope, alignment, phasing and funding of these improvements. Council Members Macedo and Nunley recused due to owning property at that location. Senior Project Manager Nick Bartsch and Will Washburn of Peters Engineering Group provided a report for the Council’s review and consideration. Following discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 3 to 0 (Council Members Macedo and Nunley recused) directing staff to proceed as presented. XII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Macedo advised that he is unable to attend the meeting of November 21. He further requested the evaluation for the City Attorney be placed on a future agenda. By consensus, the Council placed this item on the December 5 meeting. Council Member Nunley wants to reach out to COS, School Districts, County, etc. to have joint meetings throughout the year to foster better communication between these entities. Council Member Sigala requested to place on a future agenda the possibility of annexing the COS property. It was further requested that a study session be provided regarding the annexation policy and ordinance. By consensus, the Council directed Josh McDonnell, Community and Economic Development Director, to bring an item to the Council when ready. Council Member Sigala moved to place on the next agenda to reorganize the Council, electing a new Mayor and Vice Mayor. This motion died for lack of a second. 7747 XIII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Jones adjourned to closed session at 9:28 p.m. (a) 54956.9(5) Conference with Legal Counsel – Anticipated Litigation Case name unspecified: Disclosure would jeopardize service of process or existing settlement negotiations (b) 54957(b)(1) – Public Employee Performance Evaluation: City Manager XIV. RECONVENE FROM CLOSED SESSION Mayor Jones reconvened from closed session at 10:30 p.m. XV. CLOSED SESSION REPORT (if any) Mayor Jones advised there was no reportable action. XVI. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 10:30 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

Agenda

AGENDA TULARE CITY COUNCIL TUESDAY, NOVEMBER 7, 2017 Regular Session 7:00 p.m. TULARE PUBLIC LIBRARY & COUNCIL CHAMBERS 491 North “M” Street MISSION STATEMENT TO PROMOTE A QUALITY OF LIFE MAKING TULARE THE MOST DESIRABLE COMMUNITY IN WHICH TO LIVE, LEARN, PLAY, WORK, WORSHIP AND PROSPER. Meeting audio will be uploaded to the City’s website www.tulare.ca.gov, no later than the Friday following the meeting, barring any technical difficulties, accessible by selecting the appropriate meeting date on the City Meeting Calendar page. 7:00 p.m. I. CALL TO ORDER REGULAR SESSION II. PLEDGE OF ALLEGIANCE AND INVOCATION III. CITIZEN COMMENTS This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence. IV. COMMUNICATIONS Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments AGENDA TULARE CITY COUNCIL November 7, 2017 Page 2 __________________________________________________________________ will be limited to three minutes, per topic, unless otherwise extended by Council. V. CONSENT CALENDAR All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion. (1) Authorization to read ordinances by title only. (2) Approve minutes of October 17, 2017 regular meeting(s). (3) Final acceptance of public works improvements for Vista Terraza Subdivision located west of Mooney Boulevard and north of Prosperity Avenue as complete. (4) Receive, review, and file the Monthly Investment Report for September 2017. (5) Approve a piggyback contract through Shasta County and authorize the City Manager to sign a sixty (72) month agreement with Ray Morgan Company for all of the City’s copiers, excluding the four color copiers, covered by a 2016 agreement. (6) Adopt Resolution 17-51 authorizing the surplus of seventeen (17) City Vehicles. (7) Award Bid 18-631 to Will Tiesiera Ford in the amount of $27,934.00 for the purchase of one (1) 2018 Ford Police Interceptor Utility Vehicles. (8) Award Bid 18-632 to Will Tiesiera Ford in the amount of $29,969.10 for the purchase of one (1) 2018 Ford Police Canine Interceptor Utility Vehicles. (9) Award Bid 18-633 to Will Tiesiera Ford in the amount of $174,819.96 for the purchase of six (6) 2018 Ford Police Interceptor Utility Vehicles. (10) Award Bid 18-634 to Will Tiesiera Ford in the amount of $23,845.40 for the purchase of one (1) 2018 Ford Regular Cab Half Ton Pickup Truck for Streets Division. (11) Award Bid 18-635 to Will Tiesiera Ford in the amount of $78,495.60 for the purchase of three (3) 2018 Ford Extended Cab Half Ton Pickup Trucks, two (2) for Code Enforcement, one (1) for Facility Maintenance. (12) Award NJPA Bid to Wondries Fleet Group (National Auto Fleet Group) in the amount of $57,197.68 for the purchase of an Animal Control Vehicle. AGENDA TULARE CITY COUNCIL November 7, 2017 Page 3 __________________________________________________________________ (13) Authorize a two percent (2%) salary adjustment for the Tulare Professional Firefighters Association Non-Management Bargaining Group, Tulare City Professional Firefighters Association Management Bargaining Group and the Tulare City Professional Firefighters Association Division Chief Officer Group (TPFA) effective with the pay period beginning on June 23, 2017; authorize the City’s negotiating team to execute a sideletter agreement between the City of Tulare and the TPFA extending the provisions of the existing Memorandums of Understanding (MOU) for each group for a period of one year – through June 30, 2019. (14) Grant permission for Tulare Public Library’s annual participation in the national campaign, “Food for Fines,” which allows customers to reduce their late fines by donating food and now coats to local agencies like the Tulare Emergency Aid Council. (15) Authorize purchases through an existing competitively bid contract (number MA- IS-1740313) between Los Angeles County (CA) and Motorola Solutions; including the purchase of 3 Motorola Console Radios along with necessary hardware and software, not to exceed $126,000. Additionally, authorize future purchases within purchasing policy limits using this contract. (16) Authorize the acceleration of previously appropriated funds for approved project FM2016-7 “Replacement of Police Department Standby Generator” from fiscal year 2018/2019 to fiscal year 2017/2018 and approve the revised project budget with an increase of $63,000 to cover revised anticipated costs; and Approve a design contract with Provost & Prichard Consulting Group for engineering services related to the replacement of the Police Department Generator in an amount not to exceed $29,200 Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($2,920) of the contract award amount. VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS VII. MAYOR’S REPORT VIII. STUDENT REPORTS IX. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY – (1) Successor Agency: a. Recommend a purchase offer to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency (“Oversight Board”) for AGENDA TULARE CITY COUNCIL November 7, 2017 Page 4 __________________________________________________________________ purchase of Assessor Parcel Number (“APN”) 175-220-010, Property #3 for the amount of $45,000.00 to David Paul Safina, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. b. Recommend a purchase offer to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency (“Oversight Board”) for purchase of Assessor Parcel Number (“APN”) 176-082-010, Property #23 for the amount of $180,000.00, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. c. Recommend to the Oversight Board of the Successor Agency to the Tulare Redevelopment Agency to accept and record the “Scope of Work Waiver; Confirmation of Termination of Option to Repurchase, Power of Termination and Right of Reentry in Grant Deed for Assessor Parcel Number (“APN”) 169- 140-015. X. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL – 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) Public Hearing: a. Public Hearing to adopt Resolution 17-52 adopting a Mitigated Negative Declaration for the Villa Toscana 2 Tentative Subdivision Map and Zone Amendment No 723; and pass-to-print Ordinance 17-08 approving Zone Amendment No. 723, changing the existing zoning from the RM-1 (Multi- Family) zone district to the R-1-5 (Single Family Residential, 5,000 square foot minimum lot size) zone district on property located on the south side of Olema Avenue at Hall Street, approximately 450 feet west of West Street. (2) Finance: a. Adopt Resolution of Intention 17-53 to approve an amendment to the Contract between the City of Tulare and the Board of Administration of the California Public Employees’ Retirement System; and, pass-to-print Ordinance 17-09, authorizing an amendment to the Contract between the City of Tulare and the Board of Administration of the California Public AGENDA TULARE CITY COUNCIL November 7, 2017 Page 5 __________________________________________________________________ Employees’ Retirement System to provide for changes to include employee cost-sharing of City’s PERS cost. (3) Project Management: a. Review 30% design plans and cost estimates for improvements to the Cartmill Avenue Corridor between the Cartmill Avenue Interchange at Highway 99 and De La Vina Street, and improvements to the Retherford Street and Hillman Street intersections; and provide direction to Staff regarding any desired changes to scope, alignment, phasing and funding of these improvements. XII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XIII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): (a) 54956.9(5) Conference with Legal Counsel – Anticipated Litigation (1) Case name unspecified: Disclosure would jeopardize service of process or existing settlement negotiations. (b) 54957(b)(1) – Public Employee Performance Evaluation: City Manager XIV. RECONVENE CLOSED SESSION XV. CLOSED SESSION REPORT (if any) XVI. ADJOURN REGULAR MEETING In compliance with the Americans with Disabilities and Brown Act, if you need special assistance to participate in the meeting, including the receipt of the agenda and documents in the agenda package in an alternate format, please contact the City Manager’s Office (559) 684-4200. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35, 104 ADA Title II), and allow for the preparation of documents in the appropriate alternate format. [Note: Pursuant to Government Code 54957.5 - Effective 7/1/08 Documents produced and distributed less than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item on the agenda will be made available for public inspection at the meeting and at the City Clerk’s Office at City Hall located at 411 East Kern Avenue during normal business hours.]

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