City Council Meeting

7856 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE August 7, 2018 A regular session meeting of the City Council, City of Tulare was held on Tuesday, August 7, 2018, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: David Macedo, Maritsa Castellanoz 7:11 p.m., Jose Sigala, Greg Nunley COUNCIL ABSENT: Carlton Jones STAFF PRESENT: Willard Epps, Mario Zamora, Barry Jones, Luis Nevarez, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Melissa Hermann I. CALL TO ORDER REGULAR SESSION Mayor Macedo called the regular meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Interim Police Chief Barry Jones led the Pledge of Allegiance and an invocation was given by Interim City Manager Willard Epps. 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. Dr. Edward Henry of Tulare addressed the Council regarding the Groundwater Sustainability Agency (GSA) Board and Council Member Nunley’s absenteeism for those meetings. Dr. Henry proposed a reorganization of the Tulare representatives on the GSA Board; specifically, to appoint Jim Pennington, Board of Public Utilities President, to replace Council Member Nunley as one of the Tulare representatives on the GSA with Howard Stroman as an alternate and keep Council Member Sigala on the Board with Council Member Jones as an alternate. Lucy Remiche of Tulare provided an update on the progress of the rehabilitation to her building in downtown Tulare (handout provided to Council).  7857 Reinelda Palma and Irene Paredes, Matheny Tract residents, addressed the Council regarding the failing septic tanks in Matheny Tract. They also expressed their support for SB 623. Pedro Hernandez from Leadership Counsel for Justice and Accountability addressed the Council regarding support for SB 623. Raquel Sanchez and Isabel Valdez addressed the Council regarding support for SB 623. Cristobal Chavez of Porterville addressed the Council regarding his contaminated private well and to ask for support for SB 623. Celeste Galindo, Heather Ruiz, Maribel Magana, and Liz Magana, Tulare daycare providers, addressed the Council regarding their issues with their in-home daycare businesses and asked the Council to consider reducing the fee for a Conditional Use Permit in order to increase capacity and reduce the business license fee. Jason Bender of Tulare added on to the comments made by Dr. Edward Henry regarding representation on the GSA. Mr. Bender supports having one Council Member and one BPU Member representing the City on the GSA Board. IV. COMMUNICATIONS There were no items for this section. V. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Council Member Sigala and carried 4 to 0 (Council Member Jones absent) that the items on the Consent Calendar be approved as presented with the exception of item(s) 5, 6, 10 and 11. (1) Authorization to read ordinances by title only. (2) Approve minutes of July 17, 2018 and July 24 regular and regular adjourned meeting(s). [Submitted by: R. Yoder] (3) Receive informational report on current City of Tulare, City Council 2017/2018 travel budget. [Submitted by: W. Epps, R. Yoder & D. Thompson] (4) Approve a Rental Restriction and Regulatory Agreement - Low Income Households - with the Housing Authority of the County of Tulare in association with the affordable housing project being constructed on the vacant parcels on the north east corner of Sacramento Street and Inyo  7858 Avenue, and authorize the Mayor to execute the agreement on behalf of the City of Tulare. [Submitted by: T. Myers] (5) Extend the 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 October 6, 2018. [Submitted by: M. Miller] Council Member Nunley pulled this item to recuse due to conflict of interest (owns property). It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 3 to 0 (Council Member Nunley recused; Council Member Jones absent) 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 October 10, 2018. [Submitted by: M. Miller] Council Member Nunley pulled this item to recuse due to conflict of interest (owns property). It was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 3 to 0 (Council Member Nunley recused; Council Member Jones absent) to approve the item as presented. (7) Acceptance of the following easements and grant deeds associated with the Willow Glen subdivision, and authorization for the City Manager or his designee to sign Certificates of Acceptance and Conveyance for the same [Submitted by: M. Miller]: 1) A Grant of Easement from Presidio JJR Brighton 115, LLC, a Delaware Limited Liability Company, for temporary basins for storm drain purposes for Phase 1 of the Willow Glen subdivision. 2) A Grant of Easement from Presidio JJR Brighton 115, LLC, a Delaware Limited Liability Company, for a temporary access easement immediately north of Phase 1 of the Willow Glen subdivision to provide secondary fire access. 3) A Grant Deed from Presidio JJR Brighton 115, LLC, a Delaware Limited Liability Company, for public street purposes along a portion of Devenshire Street immediately west of Phase 1 of the Willow Glen subdivision. 4) A Grant of Easement from Presidio JJR Brighton 115, LLC, a Delaware Limited Liability Company, for water pipeline and water  7859 well site access across Adjusted Parcel B of Lot Line Adjustment No. 237, recorded February 5, 2018. 5) A Grant Deed from Presidio JJR Brighton 115, LLC, a Delaware Limited Liability Company, for water well site on Adjusted Parcel B of Lot Line Adjustment No. 237, recorded February 5, 2018. (8) Receive, review, and file the Monthly Investment Report for June 2018. [Submitted by: D. Thompson] (9) Adopt Resolution 18-44 declaring certain used Tulare Police Department property as surplus and authorizing its disposition and funds from same deposited to be used for the purchase of additional police equipment. [Submitted by: B. Jones] (10) Approve the Second Amendment to the Agreement for Transit Service between the City of Tulare and Tulare County Association of Governments. [Submitted by: D. Thompson] Council Member Sigala pulled this item to inquire about the cost increase and the rationale for the mid-month fee. Finance Director Darlene Thompson provided a response thereto. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Jones absent) to approve the item as presented. (11) Approve Transit Rate increase for Route 11X between the Tulare Transit Center and Visalia Transit Center from $1.50 to $1.75 to match the increase by Visalia Transit. [Submitted by: S. Bonville] Council Member Sigala pulled this item to request that future discussions regarding rate changes include Tulare. Finance Director Darlene Thompson provided a response thereto. It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Jones absent) to approve the item as presented. (12) Award contract to AMS.NET for Security Camera installation at the Corporation Yard in the amount of $44,034.04, and authorize the City Manager or designee to approve the contract and any additional incidental charges not to exceed $1,000. [Submitted by: S. Bonville] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Tulare Chamber of Commerce Annual Report presented by Donnette Silva-Carter, CEO. [Submitted by: W. Epps] Donnette Silva-Carter presented the Annual Report to the Council. The Council acknowledged the Chamber’s efforts in economic development. Following the presentation, it was moved by Council Member Sigala, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to accept the Tulare Chamber of Commerce Annual Report.  7860 (2) Accept donation in the amount of $30,000 toward the $1 million dollar pledge made by the Tulare Library Foundation. [Submitted by: H. Clark] John Thomas, Tulare Library Foundation President, presented a $30,000 check to the Library which was received by Rob Hunt. (3) Presentation and receipt of the draft 2018 Storm Water Management Plan. [Submitted by: T. Whitfield] Karen Katrina of GHD provided a presentation to the Council regarding the draft 2018 Storm Water Management Plan (SWMP). Council Member Sigala questioned how the plan would provide the ability to regulate recycling centers and illegal discharge. Community and Economic Development Director Josh McDonnell provided a response thereto. 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. (1) Public Hearing: a. Public hearing to adopt Resolution 18-45 confirming diagram and landscape maintenance assessments and levying assessments for fiscal year 2018-19 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for the Council’s review and consideration. Mayor Macedo opened the Public Hearing at 8:34 p.m. With no public comment, Mayor Macedo closed the Public Hearing at 8:34 p.m. It was moved by Vice Mayor Castellanoz, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to adopt Resolution 18-45. It was further moved by Council Member Nunley, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Jones absent) to authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement. [Continued from July 24, 2018 meeting to effect proper Public Notice.]  7861 b. 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] Interim City Manager Willard Epps provided a report for the Council’s review and consideration. Mayor Macedo opened the Public Hearing at 8:37 p.m. With no public comment, Mayor Macedo closed the Public Hearing at 8:37 p.m. It was moved by Council Member Sigala, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to pass-to-print Ordinance 18-04. (2) City Manager: a. Select Voting Delegate and alternate for Conference business session to be held Friday, September 14, 2018, authorizing the City Clerk to execute the delegate form. [Submitted by: W. Epps] Interim City Manager Willard Epps provided a report for the Council’s review and consideration. Following discussion, it was the consensus of the Council to select Council Member Sigala as Voting Delegate and Council Member Jones as Alternate for Conference business session held Friday, September 14, 2018 and authorizing the City Clerk to execute the delegate form. [The following items were tabled from the June 19, 2018 Agenda and rescheduled for August 7, 2018.] b. Consideration of authorizing the Mayor to execute a Letter of Opposition, Support or No Action regarding SB 623. [Requested by: C. Jones and J. Sigala] Items 2b through 2d are continued to the next Council meeting at the request of Council Member Jones through Mayor Macedo. c. Consideration of authorizing the Mayor to execute a Letter of Opposition, Support or No Action regarding SB 998. [D. Thompson/T. Whitfield] d. Consideration of authorizing the Mayor to execute a Letter of Opposition, Support or No Action regarding The Water Supply and Water Quality Act of 2018. [Requested by: J. Sigala] (3) City Attorney: a. Review and provide direction on the revision to the Tulare City Council Handbook of Rules and Procedures of the City Council of the City of Tulare. [Submitted by: M. Zamora) Interim City Attorney Mario Zamora provided an overview of the item and solicited Council feedback. This item was discussed among the Council. No further direction was provided at this time regarding the policy.  7862 b. Review and consideration of approval of the revised City of Tulare Administrative Credit Card Policy 10-02. [Submitted by: M. Zamora] Interim City Attorney Mario Zamora provided an overview of the item and revisions that had been made. Council Member Sigala requested that the policy treat City employees and Council the same regarding the allowed use and consequence of misuse. Council Member Sigala inquired as to who keeps track of misuse of the credit cards. Finance Director Darlene Thompson provided a response thereto. Council Member Sigala requested that when misuse of the credit card by Council Members occur, a report be provided to the Council quarterly. Council Member Sigala also requested that someone other than the City Manager address Council Members regarding any credit card misuse and suggested it be the Finance Director. Mayor Macedo requested the policy specify who is eligible when paying for meals. Mayor Macedo also suggested that the Council continue discussion regarding what rules they want to impose on the Council and questioned how the City will collect funds from Council that misuse the credit card. Interim City Attorney recapped the changes suggested and advised an item will be brought back to the Council for approval. X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Vice Mayor Castellanoz advised that she will not be in attendance at the next Council meeting (8/21) and possibly the first meeting in September. XI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Macedo adjourned to closed session at 9:06 p.m. for matters as stated by Interim City Attorney Mario Zamora. (a) 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 (b) 54956.9(c) Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation (1) [Submitted by: M. Zamora] (c) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (2) [Submitted by: M. Zamora] Name of Case: Brubaker v. City of Tulare, TCSC Case No. 272595 Name of Case: Brubaker v. City of Tulare, TCSC Case No. 272984 XII. RECONVENE CLOSED SESSION  7863 Mayor Macedo reconvened from closed meeting at 9:30 p.m. XIII. CLOSED SESSION REPORT (if any) Mayor Macedo advised there were no reportable actions. XIV. ADJOURN REGULAR MEETING Mayor Macedo adjourned the regular meeting at 9:30 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