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City Council Meeting

Regular Meeting

Tulare, CA · December 19, 2017

AgendaMinutes

Minutes

7762 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE December 19, 2017 A regular session meeting of the City Council, City of Tulare was held on Tuesday, December 19, 2017, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones, David Macedo, Greg Nunley, COUNCIL ABSENT: Maritsa Castellanoz, Jose Sigala STUDENTS ABSENT: Wilmar Lazo, 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 I. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:09 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Nunley 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. Stephen Harrell, Charlie Ramos, Jim Pennington and Chris Harrell addressed the Council with concerns regarding the police investigation issue. Robert Divito of Gensen addressed the Council regarding collaborating with staff to bring a commercial facility for marijuana like that being proposed in Hanford to Tulare. IV. COMMUNICATIONS 7763 V. CONSENT CALENDAR It was moved by Council Member Macedo, seconded by Council Member Nunley and carried 3 to 0 (Council Member Sigala and Vice Mayor Castellanoz absent) that the items on the Consent Calendar be approved as presented. (1) Authorization to read ordinances by title only. (2) Approve minutes of December 5, 2017 special/regular meeting(s). (3) Adopt 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). (4) Adopt 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). (5) Adopt 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). (6) Award and authorize the City Manager to sign a contract with Miracle Playsystems of Alamo, CA in an amount not to exceed $52,125.04 to supply and install playground equipment and related improvements for Cesar Chavez Park associated with the PK00022 Cesar Chavez Playground Improvement Project. VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS VII. MAYOR’S REPORT VIII. STUDENT REPORTS 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. 7764 (1) Public Works: a. Review and consideration to provide authorization to staff to negotiate an engineering, procurement and construction contract for an additional 2.41 MW photovoltaic system with Borrego Solar Systems, Inc. of San Diego, CA. City Manager Joe Carlini provided a report for the Council’s review and consideration. Following discussion it was moved by Council Member Macedo, seconded by Council Member Nunley and carried 2 to 1 (Mayor Jones voting no; Council Member Sigala and Vice Mayor Castellanoz absent) to approve the item as presented. b. Adopt Resolution 17-60 authorizing a loan application to the California Energy Commission, in an amount not to exceed $3,000,000 for an approximate 2.41 MW Solar system expansion of the existing 1MW solar facility at the wastewater treatment facility. City Manager Joe Carlini provided a report for the Council’s review and consideration. Following discussion it was moved by Council Member Macedo, seconded by Council Member Nunley and carried 3 to 0 (Council Member Sigala and Vice Mayor Castellanoz absent) to approve the item as presented. X. CONVENE JOINTLY AS THE TULARE CITY COUNCIL AND THE TULARE PUBLIC FINANCE AUTHORITY (1) Public Hearing: It was moved by Council Member Macedo, seconded by Council Member Nunley and carried 3 to 0 (Council Member Sigala and Vice Mayor Castellanoz absent) to continue this item to January 16, 2018, due to a lack of a quorum to vote, due to two members recusal from participation. a. Public Hearing to adopt Ordinance 17-10, City Resolution 17-59 and Authority Resolution 2017-01 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 be 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 and $1.5 million to purchase the existing one (1) megawatt solar photovoltaic system from Wastewater Fund at fair market value. 7765 XI. ADJOURN AS THE TULARE PUBLIC FINANCE AUTHORITY AND REMAIN SEATED AS THE TULARE CITY COUNCIL XII. 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 next meeting. XIII. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 7:50 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, DECEMBER 19, 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 December 19, 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 December 5, 2017 special/regular meeting(s). (3) Adopt 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). (4) Adopt 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). (5) Adopt 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). (6) Award and authorize the City Manager to sign a contract with Miracle Playsystems of Alamo, CA in an amount not to exceed $52,125.04 to supply and install playground equipment and related improvements for Cesar Chavez Park associated with the PK00022 Cesar Chavez Playground Improvement Project. VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS VII. MAYOR’S REPORT VIII. STUDENT REPORTS 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. AGENDA TULARE CITY COUNCIL December 19, 2017 Page 3 __________________________________________________________________ (1) Public Works: a. Review and consideration to provide authorization to staff to negotiate an engineering, procurement and construction contract for an additional 2.41 MW photovoltaic system with Borrego Solar Systems, Inc. of San Diego, CA. b. Adopt Resolution 17-60 authorizing a loan application to the California Energy Commission, in an amount not to exceed $3,000,000 for an approximate 2.41 MW Solar system expansion of the existing 1MW solar facility at the wastewater treatment facility. X. CONVENE JOINTLY AS THE TULARE CITY COUNCIL AND THE TULARE PUBLIC FINANCE AUTHORITY (1) Public Hearing: This item was continued from the December 5, 2017 meeting: a. Public Hearing to adopt Ordinance 17-10, City Resolution 17-59 and Authority Resolution 2017-01 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 be 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 and $1.5 million to purchase the existing one (1) megawatt solar photovoltaic system from Wastewater Fund at fair market value. XI. ADJOURN AS THE TULARE PUBLIC FINANCE AUTHORITY AND REMAIN SEATED AS THE TULARE CITY COUNCIL XII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XIII. 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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