City Council Meeting

7870 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE September 4, 2018 A regular session meeting of the City Council, City of Tulare was held on Tuesday, September 4, 2018, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: David Macedo, Maritsa Castellanoz, Carlton Jones, Jose Sigala, Greg Nunley STAFF PRESENT: Willard Epps, Mario Zamora, Janice Avila, Barry Jones, Luis Nevarez, Steve Bonville, Rob Hunt, Traci Myers, Michael Miller, Darlene Thompson, Trisha Whitfield, Frank Rodriguez, 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 Interim Fire Chief Luis Nevarez led the Pledge of Allegiance and an invocation was given by Police Lieutenant Donnie Smith. 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. Donnette Silva-Carter addressed the Council regarding several local events, including the Rotary 911 blood drive, the Tulare Chamber Mixer, the Tulare County Fair Quilts of Honor and the Tulare Chamber Crush Party. Pamela Fyock addressed the Council regarding the annual Tulare County Fair, Parade and Rodeo events. Euler Torrez addressed the Council regarding their downtown office project and thanked the Council for their support. Additionally, he provided an update on the local downtown Viva Tulare event on Sundays and noted that they would not hold their scheduled event during the fair week.  7871 IV. COMMUNICATIONS There were no items for this section. V. CONSENT CALENDAR: It was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item(s) 5. (1) Authorization to read ordinances by title only. (2) Approve minutes of August 21, 2018 regular meeting(s). [Submitted by: R. Yoder] (3) Authorize the City Manager or his design to execute Certificates of Acceptance for the following [Submitted by: M. Miller]: a. A Grant of Easement for public utility easement purposes at intersection of North “H” Street and West Prosperity Avenue at Accessor’s Parcel Number 169-090-012-000, from Rodrigo Ramirez and Belen Ramirez, husband and wife as joint property owner. b. A Grant Deed for public right of way at intersection of North “H” Street and West Prosperity Avenue at Accessor’s Parcel Number 169-090- 012-000, from Rodrigo Ramirez and Belen Ramirez, husband and wife as joint property owner. c. A Relinquishment of Access Rights at intersection of North “H” Street and West Prosperity Avenue at Accessor’s Parcel Number 169-090- 012-000, from Rodrigo Ramirez and Belen Ramirez, husband and wife as joint property owner. (4) Receive, review, and file the Monthly Investment Report for July 2018. [Submitted by: D. Thompson] (5) Approve and authorize the City Manager, or designee, to execute a twenty-five (25) year Power Purchase Agreement with Borrego Solar Systems, Inc. of San Diego, CA subject to minor conforming or clarifying changes acceptable to the City Attorney. [Submitted by: T. Whitfield] Council Member Nunley pulled the item to inquire about the terms and conditions of the Interconnect Agreement. Staff and Borrego consultant Joy Crossman addressed questions and comments posed by Council. Following discussion, it was moved by Council Member Nunley, seconded by Council Member Sigala and carried 4 to 1 (Council Member Jones voting no) to approve the item as presented.  7872 (6) Adopt Resolution 18-48 authorizing the surplus of 8 City Vehicles. [Submitted by: S. Bonville] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentation on the goals for local and regional Complete Count Committees for the 2020 Census and consideration of the City of Tulare’s participation. [Requested by: J. Sigala 082118] Mayor Macedo advised that this item would be continued to a future meeting date. 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: The following item will be continued to September 18, 2018, at the request of the applicant. a. Public Hearing to adopt Resolution 18-xx adopting a Mitigated Negative Declaration Addendum prepared for Tentative Subdivision Map 2018-12 (Liberty Hill) General Plan Amendment No. 2018-01 and Zone Amendment No 728; and adopt Resolution 18-xx to approve General Plan Amendment No. 2018-01 providing for a change in land use designation on approximately 7 acres from Neighborhood Commercial to Low Density Residential, and pass-to-print Ordinance 18-xx approving Zone Amendment No. 728, changing the existing zoning on approximately 79.5 acres from the R-1-6 (Single-Family Residential, 6,000 sq. ft. minimum lot area) and C-1 (Neighborhood Commercial) zone districts to the R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area) zone district on property located on the northwest corner of Bardsley Avenue and West Street. [Submitted by: J. McDonnell] It was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to continue this matter to September 18, 2018, as requested by the applicant.  7873 b. Public Hearing to pass-to-print Ordinance 18-05 amending and replacing Title 7 Chapter 7.16, Garbage Collection and Street Sweeping Services, and Title 7 Chapter 7.18, Recycling and Diversion of Construction and Demolition Debris of the Tulare Municipal Code. [Submitted by: T. Whitfield] Public Works Director Trisha Whitfield provided a report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 7:32 p.m., receiving no public comment he closed the public hearing at 7:32 p.m. Staff addressed questions and comments posed by Council. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and unanimously carried to pass-to- print Ordinance 18-05 as presented. X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Nunley requested that the solid waste roll-off item be scheduled for discussion at the next meeting. With no objections, there was consensus to add. Council Member Sigala requested an item for consideration at the next meeting for the use of discretionary travel funds for the Tulare County Office of Education room rental fees for parent meetings. With no objections, there was consensus to add. XI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Macedo adjourned to closed session at 7:48 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 Council Member Nunley recused himself and left the room due to being a defendant in the below matter. (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (2) Name of Case: Hensley v. City of Tulare, TCSC Case No. 273730 Name of Case: Frost v. Nunley, TCSC Case No. 274926 [Submitted by: M. Zamora] (c) 54956.9(c) Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation (1) [Submitted by: M. Zamora] (d) 54957(b) – Public Employee Appointment: City Manager [Submitted by: J. Avila]  7874 XII. RECONVENE CLOSED SESSION Mayor Macedo reconvened from closed meeting at 9:35 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 9:35 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