City Council Meeting

7840 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE June 19, 2018 A regular session meeting of the City Council, City of Tulare was held on Tuesday, June 19, 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, Heather Phillips, Sarah Tobias, Tony Silva, Barry Jones, Janice Avila, Luis Nevarez, 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 7:08 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Jones led the Pledge of Allegiance and an invocation was given by Pastor Mason. 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. John Pereira addressed the Council in support of reorganization of the City Council. Norm Case addressed the Council in support of reorganization of the City Council, and for David Macedo as Mayor and Jose Sigala as Vice Mayor. Jeremiah Smith addressed the Council regarding the water tax and in support of Mayor Jones. Don LeBaron addressed the Council regarding the legacy of others in the community. Xavier Avila addressed the Council regarding reorganization of the City Council. Howard Stroman addressed the Council in support of Mayor Jones.  7841 Derek Thomas addressed the Council in support of reorganization of the City Council. Charlie Ramos addressed the Council to apologize to Greg Nunley regarding a private well on his property and questioned as to why private wells are allowed. He also commented on unpaid permit fees to the City and its impact to the budget. Lastly, he spoke in support of the reorganization of the City Council. Karin Bennett addressed the Council in support of Mayor Jones. Bryson Ribeiro addressed the Council in support of reorganization of the City Council. Isabel Valdez, Karina Gallardo addressed the Council in support of clean water. Stacie Silva addressed the Council in support of agriculture. Lee Roy Holland addressed the Council in support of reorganization. Nathan Terry addressed the Council about the community. Katie Georges addressed the Council in support of agriculture and the City Council reorganization. Ronald Adkins addressed the Council in support of the City Council reorganization. Ryan Jensen addressed the Council in support of SB623 and urged the Council not to sign the opposition letter. Beverly Parker addressed the Council in support of agriculture and in support of Mayor Jones. Rosemary Wade addressed the Council in support of Mayor Jones. Tracy Miller addressed the Council in support of agriculture and the City Council reorganization. Steve Harrell addressed the Council concerning the derogatory comments regarding Tulare Police Department. Chris VanSyoc addressed the Council in support of agriculture and of the City Council reorganization. Vinay Vohra and Ethel Shaver addressed the Council in support of Mayor Jones. Leigh Marie Myers Romero addressed the Council in support of the City Council reorganization.  7842 Armando Guzman addressed the Council regarding the community coming together. Euler Torres and Hector Alatorre addressed the Council in support of Mayor Jones. Simone Bennett addressed the Council regarding community conflict. Wayne Ross addressed the Council in support of the City Council reorganization. Gary Williams addressed the Council in support of Mayor Jones. Tracy Bert addressed the Council in support of agriculture. Yolanda Weece-Allen addressed the Council in support of the City Council reorganization. Anthony Castaneda addressed the Council regarding concerns with the Tulare Police Department. Mike Lorenzo addressed the Council in support of the City Council reorganization. Jason Bender addressed the Council regarding the City’s budget deficit and in support of the City Council reorganization. Jeff Blagg addressed the Council in support of the City Council reorganization and concerns about the Chief of Police. Carlton Jones addressed the Council regarding the concerns. Dr. Edward Henry addressed the Council regarding the comments made by Mayor Jones regarding TCP causing cancer in humans. IV. REORGANIZATION OF CITY COUNCIL Following comments, it was moved by Council Member Sigala, seconded by Mayor Jones and unanimously carried to select Council Member Macedo as Mayor. It was moved by Mayor Macedo, seconded by Council Member Sigala and unanimously carried to re-select Council Member Castellanoz as Vice Mayor. V. COMMUNICATIONS There were no items for this section. VI. CONSENT CALENDAR:  7843 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) 7, 8, 9 & 15. (1) Authorization to read ordinances by title only. (2) Approve minutes of June 5, 2018 regular meeting(s). (3) Receive the Tulare Historical Museum’s Annual Report. [Submitted by: W. Epps] (4) Declare Shanelle Herrera’s seat on the Planning Commission vacant and direct staff to post the vacancy and solicit applications and for Council to draw by lot as to whose appointment this vacancy will be assigned. [Submitted by: W. Epps] (5) Authorize the City Manager to execute Agreement Supplement No. 9, in the annual amount of $60,000 plus 4.8% administrative costs and expenses, with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects. [Submitted by: W. Epps] (6) Adopt Resolution 18-29 adopting a Ticket and Pass Distribution Policy in accordance with Title 2 of the California Code of Regulations, Section 18944.1. [Submitted by: W. Epps] Items 7, 8 & 9 were pulled by Council Member Nunley to recuse himself due to a property ownership conflict. (7) Adopt Resolution 18-30 initiating proceedings and Resolution 18-31 of intention to set a public hearing for Landscape Maintenance District 2018- 02 for the Oak Creek Master Plan Area, which includes Oak Creek No. 2, Oak Creek No. 3, Oak Creek No. 4, and The Greens at Oak Creek subdivision. [Submitted by: M. Miller] (8) Conditional approval for 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 August 18, 2018. [Submitted by: M. Miller] (9) 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  7844 pond for street runoff, subject to receipt of the signed final map, all fees, and other required items prior to August 18, 2018. [Submitted by: M. Miller] Items 7, 8 & 9 were pulled by Council Member Nunley to recuse himself due to a property ownership conflict. With no discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Nunley recused) to approve Items 7, 8 & 9 as presented. (10) Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $427,475 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0082, a street and utility improvement project on Sacramento Street and Maple Avenue; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($42,747.50) of the contract award amount; and approve the revised project scope and budget. [Submitted by: N. Bartsch] (11) Authorize the City Manager to sign a contract with Provost & Pritchard Consulting Group of Visalia, CA in an amount not to exceed $299,000 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0084, a street and utility improvement project on Pleasant Avenue; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($29,900) of the contract award amount; and approve the revised project scope and budget. [Submitted by: N. Bartsch] (12) Authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $188,605 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0083, a street and utility improvement project on Sonora Avenue; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($18,860.50) of the contract award amount. [Submitted by: N. Bartsch] (13) Adopt Resolution 18-32 adopting a Mitigated Negative Declaration on the infrastructure installation and improvements on O Street between Bardsley and Pleasant Avenues. [Submitted by: T. Meyers] (14) Approve an extension with MV Transportation, Inc. for the management and operation of the city’s fixed-route and dial-a-ride transit services for an additional 90 days (July 1, 2018 to September 30, 2018). [Submitted by: S. Bonville] (15) Reject the liability claim for damages filed by Anyka Harris. [Submitted by: J. Avila] Council Member Jones pulled the item to vote no. With no discussion, it was moved by Council Member Sigala, seconded by Council  7845 Member Nunley and carried 4 to 1 (Council Member Jones voting no) to reject the claim as presented. (16) Award of a contract to Central Valley Striping, of Lindsay, CA, for 2018- 2019 Street Traffic Striping, Project No. ST0007-0005, and authorize the City Manager to enter into a contract Central Valley Striping. [Submitted by: T. Whitfield] VII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Tulare Chamber of Commerce Annual Report presented by Donnette Silva- Carter, CEO. [Submitted by: W. Epps] The item was tabled in the essence of time. VIII. MAYOR’S REPORT There were no items for this section of the agenda. IX. STUDENT REPORTS There were no items for this section of the agenda. X. 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) Public Hearing: a. Public Hearing to adopt Resolution 18-33 approving the 2018/19 city operating budget, to adopt Resolution 18-34 approving the 2018/19 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare, to adopt Resolution 18-35 establishing the 2018/2019 appropriation limit; and to receive the BPU-adopted Utility Enterprise Fund Budgets. [Submitted by: D. Thompson] Finance Director Darlene Thompson provided a PowerPoint slide presentation for the Council’s review and consideration. Mayor Macedo opened the public hearing at 10:15 p.m., no public comment. Mayor Macedo closed the public hearing at 10:15 p.m. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to adopt Resolution 18-33, as amended (without furloughs); it was further moved by Council Member Sigala, seconded by Council Member Jones, and unanimously carried to adopt Resolution 18-34 as presented; lastly, it was moved by Council Member  7846 Sigala, seconded by Vice Mayor Castellanoz and unanimously carried to adopt Resolution 18-25 as presented. b. Public Hearing to adopt Resolution 18-36 confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement District 2018/2019 Annual Assessments. [Submitted by: D. Thompson] Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 10:24 p.m., receiving no public comment he closed the public hearing at 10:24 p.m. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to adopt Resolution 18-36 as presented. c. Public Hearing to adopt Resolution 18-37 ordering improvements for Landscape Maintenance District 2018-01 for the Willow Glen and Kensington Estates subdivisions located north of Cartmill Avenue and east of Mooney Boulevard (State Route 63). [Submitted by: M. Miller] Council Members Macedo and Nunley declared a conflict and recused themselves from discussion, due to property ownership and left the room. City Engineer Michael Miller provided a report for the Council’s review and consideration. Vice Mayor Castellanoz opened the public hearing at 10:25 p.m., receiving no public comment he closed the public hearing at 10:25 p.m. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Jones and carried 3 to 0 (Council members Macedo and Nunley recused) to adopt Resolution 18-37 as presented. (2) City Manager: a. Consideration of authorizing the Mayor to execute Letter(s) of Opposition to SB 623 and SB 998. [D. Thompson/T. Whitfield] b. Consideration of authorizing the Mayor to execute a Letter of Support regarding The Water Supply and Water Quality Act of 2018. [Submitted by: J. Sigala] In the essence of time, Items 2a and 2b were tabled. Mayor Macedo allowed those in the audience who had waited to address these items to provide their comments, who urged support of SB 623. He further advised they would have further opportunity to comment when the items are brought back on a future agenda. XI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Sigala requested SB 623 be brought back to the next meeting. Mayor Macedo stated he was okay with bringing it back, but to do so when both sides on the matter have met and it is ready for a stance.  7847 XII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Macedo adjourned to closed session at 10:37 p.m. (a) 54957.6b Conference with Labor Negotiators [Submitted by: H. Phillips/J. Avila] Represented/Unrepresented Employee(s): CLOCEA, TPOU, Police Management, Misc. Mid-Managers Negotiators: Willard Epps, Heather Phillips (b) 54956.8b Conference with Real Property Negotiators Property: Located at 305 S. N Street, Tulare, APN #176-065-002 Under Negotiation: Direction regarding potential purchase of property Negotiating parties: Willard Epps, Steve Bonville, Darlene Thompson, Barry Jones, and Heather Phillips [Submitted by: S. Bonville] (c) 54956.8b Conference with Real Property Negotiators Property: Located at 225-227 S. K Street, APN #176-051-003 Under Negotiation: Price, terms and conditions of a potential purchase and development agreement Negotiating parties: Willard Epps, Steve Bonville, Josh McDonnell and Heather Phillips [Submitted by: S. Bonville] (d) 54957(b) – Public Employee Appointment: City Manager (Discussion related to City Manager recruitment and appointment process.) [Submitted by: J. Avila] (e) 54957(b)(1) – Public Employee Performance Evaluation: City Attorney [Submitted by: G. Nunley] XIII. RECONVENE CLOSED SESSION Mayor Macedo reconvened from closed meeting at 11:42 p.m. XIV. CLOSED SESSION REPORT (if any) Mayor Macedo advised that with a vote of 3 to 2 (Council Members Jones and Nunley voting no) regarding Closed Session Item d, the City Manager appointment will be suspended. Interim City Manager Willard Epps will continue in his capacity until such time that the City Council reorganizes following the November Election results. Staff will notify applicants.  7848 He further advised regarding Closed Session Item 3, by a unanimous vote, the City has severed ties with Goyette & Associates for City Attorney Services. Staff was directed to secure an interim and to prepare an RFP. There were no reportable actions on the remaining items. XV. ADJOURN REGULAR MEETING Mayor Macedo adjourned the regular meeting at 11:42 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