City Council Meeting

7850 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE July 24, 2018 An adjourned regular session meeting from Tuesday, July 17, 2018, of the City Council, City of Tulare was held on Tuesday, July 24, 2018, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: David Macedo, Maritsa Castellanoz, Jose Sigala; Carlton Jones7:07 p.m. COUNCIL ABSENT: Greg Nunley STAFF PRESENT: Willard Epps, Mario Zamora, Barry Jones, Janice Avila, Luis Nevarez, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Margie Perez, Nick Bartsch, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Macedo called the regular meeting to order at 7:01 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Jason Bender led the Pledge of Allegiance and an invocation was given by Rob Hunt. III. CITIZEN COMMENTS Mayor Macedo 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. Bruce Creamer addressed the Council regarding his political concerns. Heather Miller addressed the Council regarding a BBQ to feed the homeless at Zumwalt Park. IV. COMMUNICATIONS There were no items for this section.  7851 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. (1) Authorization to read ordinances by title only. (2) Approve minutes of June 19, 2018 special/regular meeting(s). (3) Receive the attendance log of the Tulare City Council regular meetings dated December 6, 2016 through June 19, 2018. [Requested by: C. Jones] (4) Reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term. [Submitted by: W. Epps] (5) Approve a legal services agreement with Griswold, LaSalle, Cobb, Down & Gin, LLP, Inc., for Interim City Attorney Services for the City of Tulare, and authorize the City Manager to execute the agreement on behalf of City Council. [Submitted by: W. Epps] (6) Conditionally approve the final map and subdivision improvement agreement for Phase 5 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 September 15, 2018. [Submitted by: J. Bowen] (7) Adopt Resolution of Intention 18-38 to set August 7, 2018 as the public hearing date to adopt landscape maintenance assessments for fiscal year 2018-19. [Submitted by: M. Miller] (8) Approve the sale of real property with Development Agreement under RFP #18-658, APN # 176-051-003 located at 225 South K Street (“Property”) to Olga Jordan in the amount of $15,000.00 and allow the City Manager to sign all documents required for the sale and Legal Counsel to make any minor conforming changes. [Submitted by: S. Bonville] (9) Approve the purchase of real property located at 305 South N Street, APN #176-065-002 for the amount of $150,000.00 from the Frances H. Linder Living Trust, and allow the City Manager to sign all documents required for the purchase and Legal Counsel to make any minor conforming changes. [Submitted by: S. Bonville]  7852 (10) Adopt Resolution 18-39 authorizing the Mayor to execute an agreement with the Tulare County Association of Government (TCAG) for the city to expand and/or increase transit service within the city areas during fiscal year 2018/19. [Submitted by: D. Thompson] (11) Accept receipt of FY17 State Homeland Security Grant Program (SHSGP) from DHS in the amount of $32,977 with a City match of $3,298; authorize an appropriation to purchase a battery powered hydraulic package extrication system. [Submitted by: C. Long] (12) Receive, review, and file the Monthly Investment Report for May 2018. [Submitted by: D. Thompson] (13) Grant permission for the Tulare Library Foundation to serve alcohol at a fundraising event scheduled for Monday, September 24, 2018, 5:30-8:30 p.m. for adults 21 and over at the Library. [Submitted by: H. Clark] (14) Authorize City Manager or designee to sign 2018/2019 Contract with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide meals and services to the senior citizens in the community and immediate area. [Submitted by: R. Hunt.] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. VII. MAYOR’S REPORT Mayor Macedo introduced Interim City Attorney Mario Zamora who provided a brief background on him and his firm of Griswold, LaSalle, Cobb, Dowd & Gin, LLP. 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. (1) Public Hearing: a. Public Hearing to adopt Resolution 18-40 ordering improvements 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.  7853 4, and The Greens at Oak Creek subdivision located east of Mooney Boulevard (State Route 63) and south of Seminole Avenue. [Submitted by: M. Miller] City Engineer Michael Miller provided a brief report for the Council’s consideration. Mayor Macedo opened the public hearing at 7:15 p.m. With no public comment, he closed the public hearing at 7:15 p.m. With no further discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Nunley absent) to adopt Resolution 18-40 as presented. b. Public hearing to adopt Resolution 18-41 regarding placing costs of constructing utility connections and/or sidewalk, curb, gutter, and driveway construction on property rolls in installments. [Submitted by: D. Thompson] Finance Director Darlene Thompson provided a brief report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 7:16 p.m. With no public comment, he closed the public hearing at 7:16 p.m. Following Council questions and comments, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Nunley absent) to adopt Resolution 18-41 as presented. c. Public Hearing to pass-to-print Ordinance 18-04 repealing Chapter 1.68 (Clean Air Advisory Committee) of the Tulare Municipal Code. [Submitted by: W. Epps] Item 1c was continued to August 7, 2018 to effect proper notice. d. Public Hearing to adopt Resolution 18-42 approving the proposed Community Development Block Grant Program Year 2018-19 Annual Action Plan. [Submitted by: T. Meyers] Housing and Grants Specialist Margie Perez provided a brief report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 7:24 p.m. With no public comment, he closed the public hearing at 7:24 p.m. Following Council questions and comments, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 4 to 0 (Council Member Nunley absent) to adopt Resolution 18-42 as presented. (2) City Manager: a. Select Council Member seat by lot to consider, interview and appoint a prospective applicant to the Tulare Planning Commission Vacancy for an unexpired term ending December 31, 2018. [Submitted by: W. Epps] Interim City Manager Willard Epps provided a brief report for the Council’s review and consideration. Chief Deputy City Clerk Roxanne Yoder had the Council draw by lot. Council Member Jones won the draw and selected applicant Anthony Olivares to fill the vacancy.  7854 b. Appointment of Xavier Avila by Vice Mayor Maritsa Castellanoz to the Police Department Citizen Complaint Review Board to serve an unexpired term ending December 31, 2018. [Submitted by: W. Epps] Interim City Manager Willard Epps provided a brief report for the Council’s review and consideration. Vice Mayor Castellanoz confirmed her appointment of Xavier Avila to fill this vacancy. (3) Community Development: a. Adopt Resolution 18-43 approving submittal of an application to the California Department of Housing and Community Development (HCD) to participate in the 2018 HOME Program for an allocation of funds not to exceed Five Hundred Thousand Dollars ($500,000) for a First-Time Homebuyer (with or without Rehabilitation) Program that will supply down payment and closing cost assistance, and/or Owner Occupied Housing Rehabilitation Program to eligible low-income families within the City of Tulare; and to authorize the City Manager or his/her designee(s) to execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by HCD for participation in the HOME program. [Submitted by T. Meyers] Housing and Grants Specialist Margie Perez provided a report for the Council’s review and consideration. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley absent) to adopt Resolution 18-43 as presented. X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) The Council discussed the request from Public Comments regarding an event to feed the homeless at Zumwalt Park. Specifically, utilizing the $25,000 in Homeless funding. Finance Director Darlene Thompson indicated that she could bring an item to the next meeting regarding the reallocation of the $25,000 in this budget year. It was the consensus of the Council that the City Attorney and Finance Director to work on the matter. Council Member Sigala requested consideration of SB 623, a Resolution ensuring the Census count is correct and an item regarding alley lighting be added to the 8/7 agenda. It was the consensus of the Council to add SB 623 and the alley lighting topics to the agenda, but not the Census Resolution. Additionally, Council Member Sigala inquired as to his previously requested and approved (06/06/17) item regarding a policy for naming intersections and asked for that to be scheduled for a future meeting.  7855 XI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Macedo advised that he would be recusing from Closed Session (b) due to property ownership in that area and adjourned to closed session at 8:15 p.m. for matters as stated by Interim City Attorney Mario Zamora. (a) 54956.8b Conference with Real Property Negotiators [Submitted by: S. Bonville] Property: Located on the 400 Block of North N Street, Property #9, APN #176- 232-016 Under Negotiation: Direction regarding potential purchase/sale of property Negotiating parties: Willard Epps, Mario Zamora, Steve Bonville, Darlene Thompson, Rob Hunt (b) 54956.8b Conference with Real Property Negotiators [Submitted by: N. Bartsch] Property: Cartmill Corridor Under Negotiation: Direction regarding price, terms, conditions of right-of-way purchase Negotiating parties: Willard Epps, Mario Zamora, Michael Miller, Nick Barstch, will Washburn of Peters Engineering (c) 54957.6b Conference with Labor Negotiators [Submitted by: J. Avila] Represented/Unrepresented Employee(s): CLOCEA, TPOU, Police Management, Misc. Mid-Managers Negotiators: Willard Epps, Darlene Thompson, Janice Avila, Mario Zamora XII. RECONVENE CLOSED SESSION Vice Mayor Castellanoz reconvened from closed meeting at 9:25 p.m. XIII. CLOSED SESSION REPORT (if any) Vice Mayor Castellanoz advised there were no reportable actions. XIV. ADJOURN REGULAR MEETING Vice Mayor Castellanoz 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