City Council Meeting

7889 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE October 16, 2018 A regular session meeting of the City Council, City of Tulare was held on Tuesday, October 16, 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, Matt Machado, Luis Nevarez, Steve Bonville, Rob Hunt, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Bartsch, Jason Bowling, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Macedo called the regular meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Vice Mayor Castellanoz led the Pledge of Allegiance and an invocation was given by Josh McDonnell. 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. Pam Fyock addressed the Council and staff thanking them for their assistance during the Tulare County Fair and for the partnership with the City. She remarked on that next year marks the 100th Anniversary of the Tulare County Fair. Hope Flores addressed the Council with safety concerns of the 1600 block of Sierra Avenue and urged the closing of the street at the off ramp. City Engineer Michael Miller indicated that the process to close the street is being handled by Cal Trans and is expected to begin summer of 2019. Charlie Ramos addressed the Council thanking staff for their efforts in cleaning up trash and debris at Centennial Park left by the homeless. He further expressed concerns with vehicles running red lights on Tulare Avenue and M Street.  7890 IV. COMMUNICATIONS There were no items for this section. V. CONSENT CALENDAR: It was moved by Council Member Sigala, seconded by Council Member Jones and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item(s) 7, 8, 9 & 14. (1) Authorization to read ordinances by title only. (2) Approve minutes of October 2, 2018 regular meeting(s). [Submitted by: R. Yoder] (3) Adopt Ordinance 18-08 adopting Sections 1.70.010 (Payment for Prevailing Wages for Public Works Projects) and 1.70.020 (Exceptions) of Chapter 1.70 (Prevailing Wages) of Title 1 (Administrative) of the City of Tulare Municipal Code. [Submitted by: M. Zamora] (4) Approve the cancellation of Tulare City Council meeting scheduled for Tuesday, January 1, 2018, due to the New Year’s Day Holiday. [Submitted by: W. Epps] (5) Award and authorize the City Manager to sign a contract with PC Inc. of Grover Beach, CA in an amount not to exceed $283,241 for Project FM0032 Tulare Police Department Standby Generator replacement and site improvements; Approve the revised project budget (attached); Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($28,324) of the contract award amount. [Submitted by: J. Bowling] (6) Adopt pass-to-print Ordinance 18-09 approving Zoning Ordinance Amendment No. 730, amending Chapter 10.26 of the Municipal Code, related to revising the City’s requirements for processing annexations into the City’s limits. The Ordinance Amendment would affect properties city-wide as well as unincorporated properties located within the City’s Sphere of Influence. [Submitted by: J. McDonnell] /////  7891 Council Member Nunley declared a business conflict on Items 7, 8 & 9 and left the room. With no discussion, it was moved by Council Member Sigala, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley recused) to approve items 7, 8 & 9 as presented. (7) Authorize the Mayor to execute an oversized construction reimbursement agreement, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Merced JJR KCOK, LLC for oversize improvements constructed with phase 1 of the KCOK Ranch Subdivision. [Submitted by: M. Miller] (8) Approve the Quitclaim Deed for a temporary access easement located on Lot 58 of KCOK Ranch No. 1 and Lot 75 of KCOK Ranch No. 2 subdivision maps to Merced JJR KCOK, LLC, and accept a new temporary access easement from DYT Properties, LLC, located along the northern boundary of KCOK Ranch No. 2 in its place. Authorize the City Manager to sign the respective Certificate of Conveyance and Certificate of Acceptance. [Submitted by: M. Miller] (9) Accept the required public works improvements for the KCOK Ranch No. 2 Subdivision located east of Mooney Boulevard, north of Seminole Avenue as complete, authorize the City Engineer to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [Submitted by: M. Miller] (10) Approve a list of pre-qualified consultants for On-Call Transportation & Traffic Engineering Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Peters Engineering Group of Clovis, CA, Kimley-Horn of Fresno, CA, QK of Visalia, CA, and T J K M of Pleasanton, CA for a period of up to two years. [Submitted by: Jim Funk] (11) Approve a list of pre-qualified consultants for On-Call Real Property, Right of Way, Appraisal, and Acquisition Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Paragon Partners Ltd. of Fresno, CA, Bender Rosenthal, Inc. of Fresno, CA, and Universal Field Services, Inc. of Fresno, CA for a period of up to two years. [Submitted by: Jim Funk] (12) Award Bid 19-668 to Will Tiesiera Ford in the amount of $25,355.49 for the purchase one (1) 2019 Ford F150 half-ton Standard Cab Pickup Truck for the Parks Department. [Submitted by: S. Bonville]  7892 (13) Award Bid 19-669 to Will Tiesiera Ford in the amount of $28,435.20 for the purchase one (1) 2019 Ford F150 half-ton Crew Cab Pickup Truck for the Parks Department. [Submitted by: S. Bonville] (14) Authorize the City Manager to sign a 5-year agreement with MV Transportation, Inc., subject to minor conforming or clarifying changes acceptable to the City Attorney, in an amount of approximately $2.6 to $2.8 million per year, payable from Local Transportation Funds, 5307 FTA Funds and fare revenue, for the management and operation of the city’s fixed-route and dial-a-ride transit services; and authorize the City Manager to enter into a two-year lease with the County of Tulare for the use of the City’s maintenance facilities in the amount of $3,500 per month. [Submitted by: D. Thompson; S. Bonville] Council Member Sigala pulled the item to comment; staff responded thereto. Following comments, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to approve the item as presented. (15) Reject the liability claim for damages filed by Southern California Edison. [Submitted by: J. Avila] 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 the presentation has been tabled. 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. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY – Mayor Macedo convened jointly at 7:12 p.m. (1) Successor Agency: a. Adopt Successor Agency to the Tulare Redevelopment Agency (“Successor Agency”) Resolution 2018-03 approving the formal title transfer of Assessor Parcel Number 191-070-015, Property #26, from the  7893 Successor Agency to the City of Tulare. [Submitted by: S. Bonville] General Services Director Steve Bonville provided a report for Council’s review and consideration. Following discussion, it was moved by Council Member Jones, seconded by Council Member Nunley and unanimously carried to adopt Successor Agency Resolution 2018-03 as presented. X. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL – Mayor Macedo adjourned the joint meeting, but remained seated as the Tulare City Council at 7:17 p.m. XI. 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 18-55 accepting and approving expenditures for the State of California, Citizens Option for Public Safety (COPS) 2018/2019 Program funds in the amount of $100,281 to be used to fund (1) Police Officer positions, salary and benefits package. [Submitted by: B. Jones] Police Captain Matt Machado provided a report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 7:18 p.m. Receiving no public comment, Mayor Macedo closed the public hearing at 7:18 p.m. With no further discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and unanimously carried to adopt Resolution 18-55 as presented. b. Public Hearing to review the basis of survey, findings and take public comment on the development of the City of Tulare’s Americans with Disabilities Act (ADA) Transition Plan prepared as a part of Project EN0077. The transition plan requires public entities to evaluate current services, policies, and practices to ensure persons with disabilities are protected from discrimination on the basis of a disability. Those interested persons, including individuals with disabilities or organizations representing individuals with disabilities, are requested to participate in the development of the ADA Transition Plan. [Submitted by: N. Bartsch] Senior Project Manager Nick Bartsch provided a brief report and introduction of Will Washburn of Peters Engineering Group, who provided a PowerPoint slide presentation for the Council’s review and consideration highlighting the basis for the survey, findings and next steps. Following the presentation, it was moved by Council Member Sigala, seconded by Council  7894 Member Jones and unanimously carried to accept the report as presented. Council Member Sigala requested staff to provide a sidewalk report map. (2) Engineering: a. Authorize staff to initiate revisions to the City of Tulare Street Naming Policy to include criteria and procedures for the honorary naming or renaming of intersections, subject to minor conforming or clarifying changes by the City Attorney, the final revised policy to be agendized for Council’s review, consideration and approval. [Submitted by: M. Anaya] Principal Planner Mario Anaya provided a report for the Council’s review and consideration. Council Member Sigala requested that the restriction to a Council Member’s district be removed from Section E2. Following discussion, it was moved by Council Member Sigala, seconded by Mayor Macedo and unanimously carried to direct staff to proceed with the next steps in revising the policy. (3) Public Works: a. Pass-to-Print Ordinance 18-10 authorizing the City Manager to sign a twenty-five (25) year term lease of property located on the City of Tulare, Wastewater Treatment Plant to 1875 West St Solar, LLC, referred to as Borrego Solar Systems, of San Diego, CA for the Solar Expansion Project approved on September 4, 2018. [Submitted by: T. Whitfield] Public Works Director Trisha Whitfield provided a report for the Council’s review and consideration. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Nunley and unanimously carried to pass-to-print Ordinance 18-10 as presented. XII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Jones expressed concern that an item he requested at last meeting was not on this agenda when there were no objections. [The item in question was not verbally acknowledged or voted upon to add as requested.] He again requested a matter for discussion regarding Council Member Sigala campaigning while at the City- paid League of California Cities Annual Conference. Mayor Macedo and Council Member Nunley both queried for discussion; Council Member Jones concurred. Mayor Macedo noted that rules regarding future situations should also be discussed. It was moved by Council Member Jones, seconded by Vice Mayor Castellanoz and unanimously carried to place the item on the November 20 City Council meeting. Council Member Jones noted that due to excessive absences that we would like to replace Council Member Sigala on the Tulare County Homeless Task Force. Mayor Macedo noted that at the first meeting in December when the new Council reorganizes that this matter may be taken up then.  7895 Council Member Sigala requested General Services Director Steve Bonville to provide an update on the Successor Agency Properties that have been sold and status related to any potential development at an upcoming meeting. XIII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Macedo adjourned to closed session at 8:08 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(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Hensley v. City of Tulare, TCSC Case No. 273730 (c) 54957(b) – Public Employee Appointment: City Manager/Interim City Manager [Submitted by: J. Avila] XIV. RECONVENE CLOSED SESSION Mayor Macedo reconvened from closed meeting at 8:55 p.m. XV. CLOSED SESSION REPORT (if any) Mayor Macedo advised there were no reportable actions. XVI. ADJOURN REGULAR MEETING Mayor Macedo adjourned the regular meeting at 8:55 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