City Council Meeting

7775 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE February 6, 2018 A regular session meeting of the City Council, City of Tulare was held on Tuesday, February 6, 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 ABSENT: Lasha Nunez, Wilmar Lazo STAFF PRESENT: Joe Carlini, Sarah Tobias, Willard Epps, Matt Machado, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Joe Carlini led the Pledge of Allegiance and an invocation was given by Pastor Dyst. 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. Terry Sayre addressed the Council and introduced Leadership Tulare participants Allie Vander Poel, Alicia Smith and Sauna Guerrero. IV. COMMUNICATIONS There were no items for this section. V. CONSENT CALENDAR: It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and unanimously carried that the items on the Consent Calendar be approved as presented.  7776 (1) Authorization to read ordinances by title only. (2) Approve minutes of January 16, 2017 regular meeting(s). (3) Adopt Resolution 18-02 amending Resolution 16-21, which established a policy providing guidelines for the selection of its members to attend conferences, meetings, seminars or events that serve a demonstrable public purpose and necessity and charging expenses related thereto to the appropriate account. Council Member Sigala pulled the item to review the changes. Questions and comments posed by Council addressed by staff. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried to adopt Resolution 18-02, as amended, specifically Section C changing the word “shall” or “will” to “may”. (4) Conditionally approve the final map and subdivision improvement agreement for Phase 2B of the Cottonwood Estates subdivision for recordation, and accept all easements and dedications offered to the City, including a Grant of Easement for temporary access for emergency vehicle purposes, subject to receipt of the signed final map, all fees, and other required items prior to April 7, 2018. (5) Conditionally approve the final map and subdivision improvement agreement for Phase 4 of the Quail Creek subdivision for recordation, and accept all easements and dedications offered to the City, including a Grant of Easement for temporary access for emergency vehicle purposes, subject to receipt of the signed final map, all fees, and other required items prior to April 7, 2018. Council Member Nunley recused himself from Consent Items 4 & 5 due to owning property in the respective areas. With no discussion, it was moved by Council Member Macedo, seconded by Council Member Sigala and carried 4 to 0 (Council Member Nunley recused) to approve Items 4 & 5, as presented. (6) Approve the Quitclaim Deed with Jasvir Singh, pertaining to two (2) existing easements for temporary storm drain basins on Parcel 1 of Parcel Map No. 5194, recorded in Book 53 of Parcel Maps, at Page 1, Tulare County Records, located south of Industrial Avenue and east of “K” Street. Authorize the Mayor to sign the Quitclaim Deed, and the City Manager to sign the Certificate of Conveyance. Council Member Macedo recused himself from discussion due to owning property in the area. With no discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Macedo recused) to approve as presented. (7) Adopt Resolution 18-03 accepting the Irrevocable Offer of Dedication located on Olema Avenue per Document No. 2013-0072844 in the Office of the Tulare County Recorder. Direct the City Clerk to cause a certified  7777 copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder. (8) Receive informational handout regarding Sales Tax Net Cash Receipts. (9) Receive, review, and file the Monthly Investment Report for December 2017. (10) Adopt Resolution 18-04 approving the submittal of Senate Bill 1: Road Repair and Accountability Act (RRAA) Transit Projects and to Designate Authorized Agents to execute all necessary documents. Council Member Sigala pulled the item for discussion. Finance Director Darlene Thompson responded thereto. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to adopt Resolution 18-04 as presented. (11) Adopt Resolution 18-05 authorizing the surplus/recycling of 2 Parks Mowers, and Streets Equipment, used vehicle parts. (12) Award Bid 18-636 to Will Tiesiera Ford in the amount of $23,091.98 for the purchase of one (1) 2018 Ford Transit Cargo Van for the Facility Maintenance Division. (13) Accept offer to purchase a 52.4 acre property APN#072-053-010 located in Goshen California, co-owned by the City of Tulare and Albert Goyenetche, from Larry Oliver, Oliver Concrete Company in the amount of $1,150,000.00 and authorize the City Manager or designee to execute and sign the required documents for the sale and escrow and authorize the City attorney to make any minor conforming changes. Council Member Macedo recused himself from the item due to business conflict. Mayor Jones pulled the item for comment. With no discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Macedo recused) to approve as presented. (14) Reject the liability claim for personal injury due to a trip and fall of Shirley Reed in addition to four (4) individual claims submitted for the grandchildren of Shirley Reed for emotional distress after witnessing their grandmother’s injuries. (15) Adopt Ordinance 18-01 approving an Amendment to Chapter 10.120 of the Municipal Code and associated references in Chapters 10.12.030, 10.40.030 10.64.020, 10.148.030, 10.188.040, 10.196.030, 10.196.040, 10.196.050, 10.196.070, and 10.218.030, related to changing the City’s Design Review process to a Site Plan Review process. The Ordinance Amendment would affect properties citywide.  7778 VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentation to the Tulare Union High School Football Team and Coaches in recognition of the CIF Central Section Division II Valley Championship and special recognition to Kazmeir Allen for securing the National Record for the Most Touchdowns in a single season. This item will be rescheduled as the players had not been notified of the presentation. 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. 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. Public Hearing Item 1a was continued from January 16, 2018 City Council meeting: (1) Public Hearing: a. Public Hearing to receive and accept the City’s annual Development Impact Fee Fund Report for the fiscal year ended June 30, 2017. Council Member Nunley recused himself due to business conflict. Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Mayor Jones opened the public hearing at 7:29 p.m. Mike Lane of the Building Industry Authority addressed the Council in support of the report. With no further comments, Mayor Jones closed the public hearing at 7:34 p.m. Following discussion, it was moved by Council Member Macedo, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Nunley recused) to receive and accept the report as presented. (2) Community Development: a. Authorize staff to establish a Specified Municipal Area Response Team (SMART Team) for proactive code violation enforcement in the Downtown area. Community & Economic Development Director Josh McDonnell provided a report for the Council’s review and consideration. Questions and comments posed by Council addressed by Staff.  7779 (3) City Manager: a. Consideration for any interested Council Member to attend the Water Education Foundation Central Valley Tour 2018, March 14 – 16, 2018. City Manager Joe Carlini provided a brief report for the Council’s review and consideration. Following discussion, Council Member Sigala expressed interest in attending, provided he is able to coordinate his work schedule. It was the consensus of the Council to approve his attendance, subject to his schedule availability. b. Council consideration of allocating funds from 001-4010-2516 to 001- 4010-2316 to offset travel costs for Mayor Jones. City Manager Joe Carlini provided a brief report for the Council’s review and consideration. Following discussion, it was moved by Council Member Macedo, seconded by Vice Mayor Castellanoz and unanimously carried to approve as presented. X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Macedo requested the City Manager’s evaluation to be placed on the next agenda. Council Member Macedo and Nunley requested an evaluation of the City Attorney on the next agenda. Council Member Nunley requested staff to develop a policy that would require written verification and permission from pool contractors as to where they plan on dumping debris from pool builds. Staff will work on a policy and will bring back to Council for review at a future meeting. City Manager Joe Carlini noted that he would be coordinating a facilitator for a future goal setting retreat. Council Member Sigala inquired as to when the City Manager would be presenting the Code of Civility for Council’s consideration at a future meeting. Mayor Jones wanted a report as to what the Farm Show costs, versus what is being charged. Council Member Sigala requested an update in closed session on the “Burn Out” event at the next Council Meeting. Mayor Jones requested a review of the Council’s board representatives list at the next Council Meeting. He further stated that he would like to establish an Art Council to assist in promoting a variety of events throughout the City, tapping into local resources such as Encore Theater, local high school talent and local promoter Euler Torres.  7780 Lastly, he requested that a policy be developed over the coming months on how we address the new cannabis industry. There was consensus by the Council when asked by Assistant City Attorney Sarah Tobias that the aforementioned requested items be placed on future agendas or as directly noted. XI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Council Member Macedo recused himself from discussion of item a. Item b was pulled at the request of the City Attorney’s Office and moved to the next agenda. Mayor Jones adjourned to closed session at 9:01 p.m. (a) 54956.8b Conference with Real Property Negotiators Property: RDA properties APN’s# 191-070-015 Paige and Highway 99, and #170-232-008 Emergency Aide Under Negotiation: Price, terms & conditions of potential sale and/or development agreements Negotiating parties: City of Tulare, City Manager Joe Carlini, General Services Director, Steve Bonville, Finance Director, Darlene Thompson, and Legal Counsel Heather Phillips (b) 54956.9(e)(2) Conference with Legal Counsel – Anticipated Litigation [Discussion and advice regarding current conflict pertaining to Matheny Tract Sewer System.] XII. CLOSED SESSION REPORT (if any) Mayor Jones advised there was no reportable action. XIII. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 9:25 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