City Council Meeting

7755 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE December 5, 2017 A work session meeting of the City Council, City of Tulare was held on Tuesday, December 5, 2017, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, Maritsa Castellanoz6:48 p.m., David Macedo, Greg Nunley, Jose Sigala STAFF PRESENT: Joe Carlini, Heather Phillips, Willard Epps, Barry Jones, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Bartsch, Roxanne Yoder I. CALL TO ORDER WORK SESSION Mayor Jones called the work session meeting to order at 6:05 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. Patrick Isherwood addressed the Council and inquired if comments regarding the work session were to be presented now or was this an open discussion forum. The Council advised it would be an open discussion forum. III. DOWNTOWN DISTRICT POLICY (1) Review and discuss status of the City of Tulare’s Downtown economic development efforts and provide direction to staff regarding further research and preparation of policy or operational changes in the City’s approach to Downtown as appropriate. Community & Economic Development Director Josh McDonnell and Community Development Deputy Director Traci Myers provided a PowerPoint slide presentation for the Council’s review and consideration. Council Member Sigala expressed a desire for a moratorium on second-hand stores. Mayor Jones was not supportive of that idea. Council Member Macedo commented on improving the facades of the downtown buildings, creating a more business friendly environment with multi-use buildings (living/business concepts) similar to the Clovis downtown model. Council Member Nunley voiced a need to eliminate excuses as to why efforts have failed in the past. He would like to find ways to motivate Downtown Stakeholders. He further stated that he would like to start with a focused district, K Street from Firestone to Cross, identify  7756 entertainment districts, etc. Mayor Jones further commented that efforts should be developer driven and the City needs to advertise and incentivize efforts to be competitive with other markets, utilizing CDBG funds where possible. Council Member Sigala concurred with the district concept. Director McDonnell further commented the district focused approach. He suggested a more focused proactive code enforcement effort and a program he utilized in another jurisdiction, which involved multi-city departments in a team concept to revitalize the area. Patrick Isherwood, Lionel Pires, Donnette Silva-Carter and John Harman addressed the Council in support of continued efforts. Following discussion Council Member Nunley asked for support to establish a committee consisting of himself, Council Member Sigala, Josh McDonnell, Traci Myers, Donnette Silva-Carter, John Harman, and Patrick Isherwood to name a few, to evaluate the establishment of a district focusing on K Street from Firestone to Cross. It was the consensus of the Council to support that effort and once established and structure identified, to report back at a future meeting. IV. ADJOURN WORK SESSION Mayor Jones adjourned the work session at 6:59 p.m. A regular session meeting of the City Council, City of Tulare was held on Tuesday, December 5, 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, Willard Epps, Barry Jones, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Bartsch, Roxanne Yoder V. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:07 p.m. VI. PLEDGE OF ALLEGIANCE AND INVOCATION  7757 Mayor Jones led the Pledge of Allegiance and an invocation was given by Pastor Sunderland. VII. 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. John Harman on behalf of the Tulare Downtown Association invited the Council and the public to attend the Annual Christmas Parade on 12/7 and the Wine Walk/Hay Ride on 12/14. Donnette Silva-Carter invited the Council to attend the Tulare Chamber Holiday Open House on 12/14 and introduced Mary Quillin of M. Green & Company, a current member of the Leadership Tulare Class. Norm Case invited the Council, staff and the public to attend the 18th Annual ResCom Salvation Army Holiday Party and fundraiser on 12/14. Ray Fonseca addressed the Council regarding the three police department employees on administrative leave and read into the record a petition garnering signatures in support of their return to work. Tammy Thomas a Tulare Police Department employee speaking on behalf of the non-sworn staff who have signed a petition in support of Chief Hensley and his return to work (petition submitted). Roger Wilson, legal counsel for the Tulare Police Officer Union who read into the record a vote of non-support of Chief Hensley and support of the City Manager’s decision to place him and other command staff on leave. Mike Lampe, legal counsel for Wes Hensley reviewed a timeline of Chief Hensley being placed on leave to present and the delay of an investigation (letter submitted). VIII. COMMUNICATIONS IX. 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. (1) Authorization to read ordinances by title only.  7758 (2) Approve minutes of November 21, 2017 regular meeting(s). (3) Award Bid 18-639 to Giant Chevrolet of Visalia in the amount of $51,884.23 for the purchase of two (2) 2018 Double Cab Half Ton Long Wheelbase Pickup Trucks for the Parks Department. X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS XI. MAYOR’S REPORT XII. STUDENT REPORTS Wilmar Lazo reported on various school related activities. XIII. 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 pass-to-print Ordinance 17-11 amending certain provisions in the Tulare City Municipal Code Title 5 Business Regulations, Chapter 5.96 Medical Marijuana Dispenaries, Section 5.96.016 (Ban of non-medical marijuana dispensaries) and Section 5.96.230 (Ban of non-medical marijuana mobile dispensaries); and to pass-to-print Ordinance 17-12 amending certain provisions in Title 7 Health & Sanitation, Chapter 7.48 Public Use/Consumption of Medical Marijuana, Section 7.48.010 (Purpose and Intent), Section 7.48.020 (Definitions) and Section 7.48.030 (Regulation applicable to public use/consumption of medical/recreational marijuana). Lieutenant Greg Merrill and Sergeant Tim Ramirez provided a brief report for the Council’s review and consideration. Mayor Jones opened the public hearing at 7:31 p.m. Tony Moran and Tony Caballo addressed the Council in opposition of this item. Rico Reyes of Genezen addressed the Council in opposition as his company would like to establish a facility for cultivating, manufacturing and testing within the City of Tulare, similar to their project in Hanford. John Harman and Sabino Martinez addressed the Council in support of this item. With no further comments Mayor Jones closed the public hearing at 7:47 p.m. City Attorney Heather Phillips clarified for the record the issues being considered in the proposed Ordinances. She further stated that these amendments allow the City to retain control prior to January 1, 2018, but does  7759 not limit the Council to consider future amendments, once the City has had the opportunity to see how the State permitting process evolves. Further questions and comments by Council addressed by the City Attorney and staff. Following lengthy discussion, it was moved by Council Member Nunley, seconded by Council Member Macedo and unanimously carried to adopt Ordinance 17-11 as presented. It was further moved by Council Member Nunley, seconded by Council Member Macedo and unanimously carried to adopt Ordinance 17-12 as presented. b. Public Hearing to pass-to-print Ordinance 17-13 repealing Tulare City Municipal Code Chapters 6.12 (Animals), 6.14 (Division of Animal Control; Tulare Animal Services Facility; Operation and Regulations) and 6.16 (Dogs, Control of Animals) of Title 6, and replacing Chapter 6.12 (City Animal Ordinance); and to Adopt Resolution 17-58 approving an Updated Fee Schedule for the Division of Animal Services. Animal Services Manager Frank Furtaw provided a report for the Council’s review and consideration. Mayor Jones opened the public hearing at 8:30 p.m., with no public comment Mayor Jones closed the public hearing at 8:30 p.m. Council Member Sigala would like to look into having a local committee to address issues or concerns. He further inquired as to why we wouldn’t want to charge $100 versus $75 for licensing unaltered animals to encourage altering; and lastly, has there been any consideration of a pilot program for breeders/veterinarians to assist the City in licensing. Mr. Furtaw responded thereto. Mr. Furtaw reviewed the proposed modifications and/or additions to the current fee schedule. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to pass-to-print Ordinance 17-13 as presented. It was further moved by Council Member Sigala, seconded by Council Member Maceod and carried 4 to 1 (Mayor Jones voting no) to adopt Resolution 17-58 as presented with amended exhibit A. Public Hearing Item 1c, at the request of staff and to preserve notice, is to be continued to Tuesday, December 19, 2017 by motion of the Council: c. Public Hearing to adopt Ordinance 17-10 and Resolution 17-59 authorizing the City to enter into a Lease Agreement with the City of Tulare Public Financing Authority for purposes of issuing 2018 Lease Revenue Bonds (Refunding and Capital Facilities Projects), in the aggregate principal amount of not to exceed $30,000,000; the bonds will used predominantly to refinance the outstanding 2008 Lease Revenue Bonds for savings and will also be used to provide approximately $2.5 million for street improvements. It was moved by Council Member Sigala,  7760 seconded by Council Member Macedo and unanimously carried to continue this item to Tuesday, December 19, 2017. (2) Finance a. Adopt Ordinance 17-09 authorizing an amendment to the Contract between the City of Tulare and the Board of Administration of the California 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 Macedo, seconded by Council Member Nunley and unanimously carried to adopt Ordinance 17-09 as presented. (3) Community Development: a. Council consideration and direction to staff on a request by Joseph Fernandes for annexation of 17.5 acres of vacant land (APNs 184-110- 016, 017 & 018). Council Member Macedo and Nunley declared a conflict due to owning property in the area of the proposed project. Community and Economic Development Director Josh McDonnell provided a report for the Council’s review and consideration. Questions and comments posed by Council were addressed by Mr. McDonnell. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Castellanoz and carried 3 to 0 (Council Members Macedo and Nunley recused) to direct staff to initiate proceedings with the consideration for multi-family. Council Member Macedo left the meeting at 9:15 p.m. (4) City Attorney a. Discussion of current City Council travel budget policy, the potential need for policy amendment(s), and potential formation of separate discretionary spending fund or allocation of a portion from travel fund for discretionary use; and direction to staff regarding same. City Attorney Heather Phillips requested input from Council with regard to amending the current Resolution to reflect the increase in the budget from $2,500 to $5,000 and consideration of apportioning some of that funding toward discretionary purposes with a policy reflecting same. It was the consensus of Council to consider discretionary use of travel funds on a case by case basis at an open and public meeting as well as providing for the allocation of any unused funds to offset travel, etc. for the Mayor as needed. XIV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):  7761 Mayor Jones adjourned to closed session at 9:53 p.m. (a) 54956.8b Conference with Real Property Negotiators Property: Located in Tulare California APN’s # 170-241-011, #170-241-012, #170-242-016, #170-242-017 Under Negotiation: Price, terms, conditions for purchase and development agreements Negotiating Parties: Joseph Carlini, Steve Bonville, Josh McDonnell, Heather N. Phillips XVI. RECONVENE FROM CLOSED SESSION Mayor Jones reconvened from closed session at 10:25 p.m. XVII. CLOSED SESSION REPORT (if any) Mayor Jones advised that by a vote of 3-0 vote (Vice Mayor Castellanoz and Council Member Macedo absent) directed staff to enter into Negotiations for sale of property to All Valley Housing Services Inc., owned by Leno A. Pimentel. XVIII. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 10:25 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