City Council Meeting

7824 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE May 15, 2018 A study session meeting of the City Council, City of Tulare was held on Tuesday, May 15, 2018, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Carlton Jones 6:38 p.m., Maritsa Castellanoz, David Macedo, Greg Nunley, Jose Sigala 6:10 p.m. STAFF PRESENT: Willard Epps, Sarah Tobias, Barry Jones, Janice Avila, Luis Nevarez, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Melissa Hermann I. CALL TO ORDER STUDY SESSION Mayor Pro Tem Castellanoz called the study session to order at 6:07 p.m. II. BUDGET PRESENTATION: 1. Overview of General Fund revenues and expenditures for fiscal year 2018- 2019 and direction from council where to reduce expenditures or if deficit spending is approved how much. 2. Overview of Community Development budget. 3. Overview of the Utilities Budget. 4. Overview of Equipment Replacement and direction from council for funding. Finance Director Darlene Thompson provided a presentation for the Council’s review and consideration on the General Fund, highlighting the projected deficit and ideas for savings. General Services Director Steve Bonville provided an update on the Fleet Control Budget. Questions posed by Council were responded to by staff. Council Member Sigala requested that the $25,000 budgeted for Social Services in the current fiscal year be rolled over to the next fiscal year. Council requested that staff look into not funding vacant positions. It was the consensus of the Council to have staff cut the deficit amount by at least half. III. ADJOURN STUDY SESSION Mayor Jones adjourned the study session at 7:19 p.m.  7825 A regular session meeting of the City Council, City of Tulare was held on Tuesday, May 15, 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 Nunley, Jose Sigala STAFF PRESENT: Willard Epps, Sarah Tobias, Barry Jones, Janice Avila, Luis Nevarez, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Steven Sopp, Melissa Hermann IV. CALL TO ORDER REGULAR SESSION Mayor Jones called the regular meeting to order at 7:26 p.m. V. PLEDGE OF ALLEGIANCE AND INVOCATION JD Johns led the Pledge of Allegiance and an invocation was given by Pastor Sunderland. VI. 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. Mark Lippincott, Tulare citizen, addressed the Council regarding the leadership and division of the city. Michelle Lippincott, Tulare citizen, addressed the Council regarding a recent incident in response from the Police Department and concern with department being under staffed. Euler Torres, Tulare citizen, addressed the Council regarding his love for Tulare and responded to comments made by Mr. Lippincott. Brandon Ormonde, Tulare citizen, addressed the Council regarding the property item listed on Closed Session and urged the Council to consider using the property for a park. VII. COMMUNICATIONS There were no items for this section.  7826 VIII. 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) 3, 6 and 9. (1) Authorization to read ordinances by title only. (2) Approve minutes of May 1, 2018 regular meeting(s). (3) Adopt Resolution 18-20 ratifying the Council’s approval of May 1, 2018, approving a 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 pulled this item to recuse due to a business conflict of interest. It was moved by Council Member Macedo, seconded by Council Member Sigala and unanimously carried 4 to 0 (Council Member Nunley recused) to adopt Resolution 18-20 as presented. (4) Purchase of Two (2) Low Floor Cutaway, Gasoline powered Transit Vans from Creative Bus Sales under CalACT RFP #15-03 in the amount of $338,396.24. (5) Adopt Resolution 18-21 authorizing the purchase a 2014 Ford Glaval with spare parts inventory and a 2008 Ford StarCraft Transit Cutaway Vehicles from the City of Exeter in the amount of $95,000.00. (6) Approve as to form a subdivision improvement agreement template. Council Member Nunley pulled this item to request to continue it to the next meeting. Mike Lane addressed the Council regarding the agreement template. Following a brief discussion, it was moved by Council Member Nunley, seconded by Vice Mayor Castellanoz and unanimously carried to continue this item to the next meeting and place under General Business. (7) Award and authorize the City Manager to sign a contract with Agee Construction Corp. of Clovis, CA in an amount not to exceed $5,462,539.00 for street and utility improvements associated with Project EN0076, O Street Improvement Project; approve the revised project budget; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($546,253.90) of the contract award amount.  7827 (8) Award and authorize the City Manager to sign a contract with Cannon of Bakersfield, CA in an amount not to exceed $98,085.00 for construction surveying services associated with EN0076 - O Street Improvements Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($9,808.50) of the contract award amount. (9) Conditionally approve the final map and subdivision improvement agreement for Phase 1 of the Willow Glen 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, three temporary run-off ponds for street runoff, water pipeline easement to support a future City well and tank, street right-of-way dedication on Devenshire Street, and dedication of three landscape and lighting district lots, subject to receipt of the signed final map, all fees, and other required items prior to July 14, 2018. Council Member Macedo pulled this item to recuse due to a conflict of interest. Council Member Nunley recused due to a conflict of interest. It was moved by Vice Mayor Castellanoz, seconded by Mayor Jones and unanimously carried 3 to 0 (Council Members Macedo and Nunley recused) to approve the item as presented. (10) Adopt Resolution 18-22 adopting the 2018 Tulare County Multi- Jurisdictional Local Hazard Mitigation Plan. (11) Declare Dick Johnson’s and Jennifer Rodriguez’ seats on the Police Department Citizen Complaint Review Board vacant and direct staff to post the vacancy and solicit applications. IX. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. X. MAYOR’S REPORT (1) Certificate of Recognition in honor of Encore Theatre Company’s 40th show season. Mayor Jones presented Susan Burley and Encore Theatre Company board members with a certificate of recognition in honor of their 40th show season. XI. STUDENT REPORTS There were no items for this section of the agenda.  7828 XII. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY – Mayor Jones convened jointly at 7:54 p.m. (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 $14,500.00 to the Emergency Aid Council, and to authorize the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. General Services Director Steve Bonville provided a report for the Council’s review and consideration. It was moved by Council Member Macedo, seconded by Council Member Sigala and unanimously carried to approve the item as presented. XIII. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL – Mayor Jones adjourned as the Successor Agency, but remained seated as the Tulare City Council at 7:56 p.m. XIV. 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. Appointment of Board of Public Utilities Member(s) by the Mayor, one for a term ending December 31, 2019 and one for a term ending December 31, 2021 to be confirmed by the Tulare City Council as outlined in the Tulare City Charter Section 52. Interim City Manager Willard Epps provided a report for the Council’s review and consideration. It was moved by Mayor Jones, seconded by Vice Mayor Castellanoz and carried 3 to 2 (Council Members Macedo and Sigala voting no) to appoint Chris Soria to the Board of Public Utilities. Mayor Jones requested a list of applicants that had previously showed interest in serving on the Board of Public Utilities.  7829 Mayor Jones continued the other appointment to the next Council meeting. b. Approve a request by Mayor Carlton Jones to allocate $1,000 to the California Partnership for the San Joaquin Valley for sponsorship of the Board of Directors quarterly meeting to be held at the Tulare County Ag Commissioner’s Building on June 15, 2018. Interim City Manager Willard Epps provided a report for the Council’s review and consideration. It was moved by Council Member Macedo, seconded by Council Member Nunley and unanimously carried to approve the item as presented. c. Review and consider approving a letter to California State Assembly Budget Subcommittee No. 1 in support of Assembly Member Devon Mathis’ proposal to provide $22 million in funding for the reopening of the Tulare Local Healthcare District Hospital. Rick Elkins representing the Hospital Board addressed the Council. Interim City Manager Willard Epps provided a report for the Council’s review and consideration. It was moved by Council Member Sigala, seconded by Council Member Macedo and unanimously carried to approve the item as presented. (2) Public Hearing: a. Public Hearing to adopt Resolution 18-23 adopting a Mitigated Negative Declaration Addendum prepared for Tentative Subdivision Map 2017-09 (Kensington Estates) Conditional use Permit 2017-17 and Zone Amendment No 722; and pass-to-print Ordinance 18-03 approving Zone Amendment No. 722, changing the existing zoning from the R-1-7 (Single-Family Residential, 7,000 sq. ft. minimum lot area) zone district to the R-1-4 (Small Lot Single Family Residential, 3.200 sq. ft. minimum lot area) zone district on property located north of Cartmill Avenue and west of Mooney Blvd. on the northeast corner of Cartmill Avenue and De La Vina Street. Council Member Macedo recused due to conflict of interest due to owning property in the area. Council Member Nunley recused due to conflict of interest. Associate Planner Steven Sopp provided a report for the Council’s review and consideration. Mayor Jones opened the public hearing at 8:14 p.m. Kent Cross or San Joaquin Valley Homes addressed the Council stating he was available to answer any questions. With no further comments, Mayor Jones closed the public hearing at 8:15 p.m. It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 3 to 0 (Council Members Macedo and Nunley recused) to adopt Resolution 18-23.  7830 It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 3 to 0 (Council Members Macedo and Nunley recused) to pass-to-print Ordinance 18-03. (3) Appeal Hearing: a. Appeal hearing for Council’s consideration on an appeal filed by Plimlico Properties Inc. of the Planning Commission’s decision to deny a request for a Finding of Consistency for Conditional Use Permit No. 2017-11, relating to the removal of engineering conditions requiring improvements to curb, gutter, sidewalk and driveway approaches within the public right-of-way along West Street, and further consideration of adoption of Resolution 18-24 denying applicant’s appeal; or Resolution 18-24 upholding the applicant’s appeal as presented; or with conditions or direction to staff to remand the project back to Planning Commission for further consideration. Associate Planner Steven Sopp provided a report for the Council’s review and consideration. Justin Bouchard of Plimlico Properties Inc. and Deborah Perry addressed the Council. Questions presented by the Council were responded to by staff. Following a lengthy discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and carried 3 to 1 (Council Member Macedo voting no; Mayor Jones left prior to vote) to uphold the appeal of Conditional Use Permit No. 2017-11. XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Sigala shared concerns regarding hiring a police chief prior to hiring a city manager. Human Resource Director Janice Avila responded thereto. XVI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Pro Tem Castellanoz adjourned to closed session at 9:17 p.m. (a) 54956.8b Conference with Real Property Negotiators Property: Located in Tulare California at the SE Corner of East Alpine Avenue and Nelder Grove Street (Portion of APN 172-040-079) Under Negotiation: Report on price, terms, conditions regarding deposition of property Negotiating parties: Willard Epps, Heather Phillips, Rob Hunt, Steve Bonville, Mike Miller, Darlene Thompson (b) 54957(b) – Public Employee Appointment: City Manager (Discussion related to City Manager recruitment and appointment process.)  7831 (c) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (2) Name of Case: McGrew, et. al. v. City of Tulare, TCSC Case No. VCU273224 Name of Case: Hensley v. City of Tulare, TCSC Case No. 273730 XVII. RECONVENE CLOSED SESSION Mayor Pro Tem Castellanoz reconvened from closed session at 10:28 p.m. XVIII. CLOSED SESSION REPORT (if any) Mayor Pro Tem Castellanoz advised of the following: Closed Session Item (a): Staff was directed to place the property at the SE Corner of East Alpine Avenue and Nelder Grove Street (Portion of APN 172-040-079) on the market. Closed Session Item (b): This item is continued to the next meeting. Closed Session Item (c): In regard to McGrew, et. Al. v. City of Tulare, it was the consensus of the Council to settle. There was no other reportable action. XIX. ADJOURN REGULAR MEETING Mayor Pro Tem Castellanoz adjourned the regular meeting at 10:28 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