City Council Meeting

7816 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE May 1, 2018 A regular session meeting of the City Council, City of Tulare was held on Tuesday, May 1, 2018, 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 Nunley7:08 p.m., Jose Sigala STAFF PRESENT: Willard Epps, Heather Phillips, Barry Jones, Janice Avila, Luis Nevarez, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Bartsch, Jim Funk, 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 Brian Beck 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. Michael J. Lampe addressed the Council regarding the lack of process in hiring the City Attorney. IV. COMMUNICATIONS There were no items for this section. V. CONSENT CALENDAR: It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item(s) 5, 6, 9, 10, 12 & 14. (1) Authorization to read ordinances by title only.  7817 (2) Approve minutes of April 17, 2018 regular meeting(s). (3) Adopt Resolution 18-13 requesting the Board of Supervisors of Tulare County to consent to permitting the County Registrar of Voters to render specified services to the city relating to the conduct of the General Municipal Election of November 6, 2018 and Adopt Resolution 18-14 calling the General Municipal Election and requesting and consenting to consolidation of elections on November 6, 2018, and setting specifications of the election order. (4) Approve a request by Council Member Sigala to allocate $240 for discretionary use from 001-4010-2116 to cover rental costs associated with the Tulare County Office of Education Early Childhood Program – Parents Group Quarterly Meeting located in the Tulare Room at the Meitzenheimer Community Center. (5) Authorize the City Manager to execute a Work Order under the On-Call Engineering Service Agreement with Provost & Pritchard Consulting Group of Visalia, CA in an amount not to exceed $55,500.00 for surveying, hydraulic modeling, and design services for Projects SD0016, 0017 and 0018; storm sewer lift station upgrades at three sites. Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($5,550.00) of the Work Order amount. Council Member Sigala pulled the item for clarification. Project Manager Jim Funk addressed questions related thereto. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to approve the item as presented. (6) Extend the conditional approval for final map and subdivision improvement agreement for Phase 1 of The Greens at Oak Creek subdivision for recordation, and accept all easements and dedications offered to the City, including a Grant of Easement for temporary turnarounds for emergency vehicle purposes and a temporary run-off pond for street runoff, subject to receipt of the signed final map, all fees, and other required items prior to June 30, 2018. Council Member Nunley pulled the item to recuse himself from discussions due to property ownership. 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 the item as presented. (7) Adopt Resolution 18-15 setting the Maximum Utility User’s Tax at $11,840.00 per utility for the period July 1, 2018 through June 30, 2019. (8) Adopt Resolution 18-16 designating and authorizing the City Manager or his/her designees to act on behalf of the City of Tulare to execute applications and agreements for California Low Carbon Transit  7818 Operations Program (LCTOP); and approving submittal of the City’s FY2017/18 “Electronic Fare box System and Related ITS Equipment for Enhanced Fare Integration” LCTOP project. (9) Authorize the City Manager to sign a 5 year renewal extension agreement with Brown Armstrong CPA (Bakersfield) for auditing services. Mayor Jones pulled the item to inquire about any requirement to go out for an RFP for the services and reason for it being on consent calendar. Finance Director Darlene Thompson addressed questions related thereto. With no further discussion, it was moved by Council Member Macedo, seconded by Council Member Nunley and unanimously carried to approve the item as presented. (10) Approve agreement Benigna Borba to construct and finance utility connection and/or side walk, curb, gutter, and driveway construction and place costs thereof on property tax rolls in installments. Council Member Sigala pulled the item for clarification. Finance Director Darlene Thompson addressed questions related thereto. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to approve the item as presented. (11) Receive, review, and file the Monthly Investment Report for March 2018. (12) Authorize the City Manager to sign a renewal of three year Enterprise Agreement for Microsoft Licenses utilizing the County of Riverside’s competitively bid Microsoft agreement; at a cost not to exceed 50,000 a year. Mayor Jones pulled the item to inquire about the requirement to go out for an RFP. IT Manager Jason Bowling addressed questions related thereto. With no further discussion, it was moved by Council Member Nunley, seconded by Vice Mayor Castellanoz and unanimously carried to approve the item as presented. (13) Surplus Police K-9 “Mazli” and authorize the sale of same to his former handler, Police Corporal Scott Wilkinson, for the purchase price of $1.00. (14) Adopt Resolution 18-17 ratifying solid waste rate Board of Public Utilities Resolution 18-03, adopted by the Board, following the Prop 218 hearing held April 19, 2018, and adopt Resolution 18-18 amending the City’s position control budget. Council Member Nunley pulled the item to inquire about the roll-off policy within the City. Public Works Director Trisha Whitfield addressed questions related thereto. Council Member Sigala asked for information on how many jobs would be lost for the City. City Attorney Heather Phillips reminded Council that the matter of roll-offs are under the purview of the Board of Public Utilities. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to adopt Resolution 18-17 as presented.  7819 VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. 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. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY – Mayor Jones advised that this matter will be rescheduled to the May 15, 2018 meeting at the request of staff. (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”) 170-232-008, Property #6 for the amount of $500.00 from the City of Tulare, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. 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) City Manager: a. Interview and select applicant to fill current vacancy on the City of Tulare Parks & Recreation Commission for the remaining term ending December 31, 2021. Interim City Manager Willard Epps provided a brief report for the Council’s review and consideration.  7820 Rose Souza provided background information for the Council’s review and consideration of this appointment. Ira Porchia provided background information for the Council’s review and consideration of this appointment. Following interviews, it was moved by Council Member Macedo seconded by Council Member Sigala and unanimously carried to appoint Ira Porchia to the vacancy on the City of Tulare Parks & Recreation Commission for the term ending December 31, 2021. b. Discussion and direction to staff to draft a Notice of Intent exercising the City’s option to extend, for an additional one year term, the Legal Services Agreement with the law firm of Goyette & Associates, Inc. and authorize the Interim City Manager to execute same on behalf of the City Council. Interim City Manager Willard Epps provided a brief report for the Council’s review and consideration. Council Member Sigala addressed questions regarding hours, monthly reporting, and invoices. Mayor Jones reviewed prior years of Attorney Fees commenting on the expenditures versus current fees. Finance Director Darlene Thompson addressed questions related thereto. Following a lengthy discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and carried 4 to 1 (Council Member Macedo voting No) to approve a Notice of Intent to extend the City Attorney contract for an additional one year term, as amended to include set office hours at city hall and written monthly/quarterly status reports from the City Attorney. c. Discussion and direction regarding the establishment of a Sister City relationship between the City of Tulare and a city from the state of Jalisco, Mexico. Interim City Manager Willard Epps provided a brief report for the Council’s consideration. Council Member Sigala provided background information on his efforts to identify the City of Jalostotilan of Jalisco, Mexico. Council Members Macedo and Nunley would like to see a local group formed to facilitate the relationship between the cities. No action taken following discussion. This item will be brought back at a later with further information and status. d. Consideration of and authorization for the Mayor to sign a Letter of Support for SB 911 (Gaines) Police Dog Protection Act. Police Captain Matt Machado provided a brief 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.  7821 e. Discussion and consideration to adopt Resolution 18-19 opposing the Tax Fairness, Transparency and Accountability Act and authorizing the Mayor to sign the Committee to Protect Our Communities Endorsement Form. Interim City Manager Willard Epps provided a brief report for the Council’s review and consideration. Michele Moore addressed the Council with concerns over this item. Following discussion, it was moved by Council Member Sigala and seconded by Council Member Nunley to approve the item as presented. With a vote of 2 to 3 (Council Member Macedo, Vice Mayor Castellanoz and Mayor Jones voting No), the motion failed. (2) Information Technology: a. Consider approving the Paperless Agenda Packet Terms of Use and Policy for Elected Officials, contained in Administrative Policy 18-03 and appropriate $7,500.00 from the Technology Fund for the purchase of 5 mobile devices for Council Member use. IT Manager Jason Bowling provided a report for the Council’s review and consideration. Use of the paperless format is optional as desired by each Council Member. Following discussion, it was moved by Council Member Macedo, seconded by Council Member Nunley and unanimously carried to approve the item as presented. (3) Community Development: a. Receive status update on the adopted 2015-2023 Housing Element and provide direction to staff for the initiation of the mandated “Rezoning Program”-included under the Implementation Program A-3. Community & Economic Development Director Josh McDonnell provided a report for the Council’s review, consideration and direction. Council Member Sigala expressed preference with Option 2 (Criteria-Based Alternative) and Option 3 (Combined Alternative). It was the consensus of the Council to proceed with Options 2 and 3 as presented. b. Council consideration and direction to staff on the request by Applicants Lucy and Jeff Reimche for an economic development assistance grant in the sum of $90,760 as a contribution to the renovation and rehabilitation of the existing building located at 127 East Tulare Avenue. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Applicant Jeff Reimche and Esau Torrez addressed the Council in support of item. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 3 to 2 (Council Members Macedo & Nunley voting No) to approve the request as amended, a drafted agreement for a reduced amount of $60,000, including a clause to encourage local goods and services and a security clause for repayment of the funds if the building is sold within 5 years, subject to minor conforming and clarifying changes as determined by the City Attorney.  7822 c. Council consideration and direction to staff on the request by I & A Bayrakadarian, LLC for a deferral of project related development impact fees in the sum of $68,818 under section 8.56.080 of the Tulare Municipal Code. Council Member Nunley recused himself due to business conflict and left the room. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Ms. Myers advised that a Resolution would be placed on the May 15 City Council Agenda to ratify the Council’s decision tonight. Following 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, subject to ratification by Resolution on May 15. (4) Public Works: a. Provide direction to Staff as to the funding options for the solar expansion project, or decline project. Public Works Director Trisha Whitfield introduced the item and Joy Crossman of Borrego Solar Systems who provided a PowerPoint slide presentation for the Council’s review and consideration. Following discussion, it was the direction of the Council for staff to move forward with a Power Purchase Agreement. (5) City Attorney: a. Discussion and direction on updating the Tulare City Council Handbook of Rules and Procedures adopted by Resolution 2010-11 on February 16, 2010. City Attorney Heather Phillips introduced the item and provided background information on the item for the Council’s review and consideration. Following a lengthy discussion, City Attorney Phillips was directed to bring the matter back at a future agenda for a study session. XII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XIII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): By consensus of the City Council, the following Closed Session items were continued to the meeting of May 15, 2018. (a) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: McGrew, et. al. v. City of Tulare, TCSC Case No. VCU273224 (b) 54956.9(e)(2) Conference with Legal Counsel – Anticipated Litigation (1) Regarding Police Chief Personnel matter XIV. RECONVENE CLOSED SESSION XV. CLOSED SESSION REPORT (if any)  7823 XVI. ADJOURN REGULAR MEETING Mayor Jones adjourned the regular meeting at 10:38 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