City Council Meeting
Regular MeetingTulare, CA · December 19, 2017
Minutes
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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
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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.
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(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.
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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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