City Council Meeting

7900 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE November 20, 2018 A regular session meeting of the City Council, City of Tulare was held on Tuesday, November 20, 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 COUNCIL ABSENT: 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 Captain Matt Machado led the Pledge of Allegiance and an invocation was given by 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. Brant John Michael Williams addressed the Council with concerns and allegations regarding Council Member Sigala. IV. COMMUNICATIONS There were no items for this section. /////  7901 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) 3, 5, 6, 9, 10, 11 & 12. (1) Authorization to read ordinances by title only. (2) Approve minutes of November 6, 2018 regular meeting(s). [Submitted by: R. Yoder] (3) Approve a Special Legal Services Agreement with Leonard Herr of Herr, Pedersen & Berglund, Attorneys at Law, LLP. [Submitted by: M. Zamora] Council Member Jones pulled the item to provide comment. With no further discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 3 to 1 (Council Member Jones voting no; Council Member Nunley absent) to approve the item as presented. (4) Receive informational report on current City of Tulare, City Council 2018/2019 travel budget. [Submitted by: W. Epps, D. Thompson, R. Yoder] (5) Adopt Resolution 18- 58 accepting Industrial Place street right-of-way from Industrial Avenue to ±1,093 feet north as shown as an irrevocable offer of dedication on Parcel Map No. 5021. Accept the required public works improvements on Industrial Place completed by BDH Group, LLC, 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] Council Member Macedo declared a conflict due to ownership in the vicinity and recused himself from discussions. [See Consent Item 9.] (6) Adopt Resolution 18-59 rejecting an irrevocable offer of dedication for future right-of-way along the west side of Industrial Place between S. “K” Street and S. Blackstone Street until future acceptance by separate resolution of the City Council. Additionally, accept a grant of easement for a public utility easement and grant of easement for access and utility purposes associated with the CNS Real Estate, LLC, industrial development, and authorize the City Manager or his designee to sign Certificates of Acceptance for the same. [Submitted by: M. Miller] Council Member Macedo declared a conflict, due to ownership in the vicinity and recused himself from discussions. [See Consent Item 9.] (7) 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,  7902 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 January 19, 2019. [Submitted by: M. Miller] (8) Authorize the City Manager to execute a Grant of Easement to Southern California Edison Company for access along a City-owned pedestrian trail, located west of Mooney Boulevard and adjacent to the Tulare Irrigation District Main Canal. [Submitted by: M. Miller] (9) Acceptance of the following easement associated with a master planned water main installed in Cartmill Avenue as part of the Willow Glen subdivision, and authorize the City Manager or his designee to sign the Certificates of Acceptance for the same: • A Grant of Easement from Del Lago Development Company, LLC, a California Limited Liability Company, for public utility purposes. [Submitted by: M. Miller] Mayor Macedo declared a conflict, due to ownership in the vicinity and recused himself from discussions. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Jones and carried 3 to 0 (Mayor Macedo recused; Council Member Nunley absent) to approve Consent Items 5, 6 and 9 as presented. (10) Conditionally approve the Parcel Map filed by Pilot Flying J for the division of land located at the southwest corner of Paige Avenue and Blackstone Street for recordation, and accept all easements and dedications offered to the City subject to receipt of the signed parcel map, all fees, and other required items prior to January 19, 2019. [Submitted by: M. Miller] Council Member Sigala pulled the item to inquire if there was any conflict on the item due to the appeal. City Engineer Michael Miller advised that it did not. With no further comment it was moved by Council Member Sigala, seconded by Vice Mayor Castellanoz and carried 4 to 0 (Council Member Nunley absent) to approve the item as presented. (11) Accept the required public works improvements for the Quail Creek No. 4 Subdivision located west of Morrison Street, south of East Bardsley 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] Staff pulled the item to advise Council of a condition for approval with regard to a maintenance bond. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley absent) to approve the item as amended,  7903 conditionally approved, subject to the receipt of a maintenance bond. (12) Approve a list of pre-qualified consultants for On-Call Engineering & Land Surveying Consulting Services, and authorize the City Manager to enter into consultant professional service agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Lane Engineers of Tulare, CA; Peters Engineering Group of Clovis, CA; Provost & Pritchard Consulting Group of Visalia, CA; QK of Visalia, CA; and 4Creeks of Visalia, CA for a period of up to two years. [Submitted by: J. Funk] Council Member Sigala pulled the item to inquire as to how these types of lists are created and that he would like to see more diversity in the process. City Engineer Michael Miller advised that he would meet with Council Member Sigala regarding the process and any revisions thereto. 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 approve the item as presented. (13) Authorize the sole source purchase of a new Type-1 Fire Engine from Pierce Manufacturing Inc. in an amount not to exceed $680,000.00 and authorize the pre-purchase payment amount of $320,018.00. [Submitted by: L. Nevarez] (14) Authorize the City Manager to execute all necessary documents on behalf of the City for a new 5-year Lease Agreement with the Temmerman Corp, Inc. (Operator) for the operation of the Tulare Cycle Park (Park). (15) Reject the liability claim for damages filed by Jerod M. Boatman on November 1, 2018; and, reject the liability claim for damages filed by Fred Ynclan on November 1, 2018. [Submitted by: J. Avila] (16) Adopt Resolution 16-60 amending Resolution 16-08 updating an Electronic E-Mail Retention Policy to increase email retention from 180 days to 365 days and incorporating said changes into the City of Tulare’s Records Retention & Indexing Schedules and Information Management Policy. [Submitted by: J. Bowling] (17) Adopt Resolution 18-61 accepting funding in the amount of $248,698.96 from the State of California 911 Emergency Communications Office to upgrade hardware/software in the Tulare Police Department dispatch center and authorize the City Manager or designee to execute all documents related to processing and receiving said funding. [Submitted by: B Jones] (18) Authorize the purchase of two (2), Braun Class D, ADA Equipped Entervans from Creative Bus Sales for the amount of $96,845.68 ($48.422.84 each).  7904 (19) Authorize approximately $6,000 for the purchase of conex (c-train) storage containers. [Submitted by: B. Jones.] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. VII. MAYOR’S REPORT There were no items for this section of the agenda. VIII. 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) Appeal Hearing: a. Appeal hearing of the Planning Commission’s decision to approve Conditional Use Permit No. 2016-04, and adoption of the Project’s Environmental Impact Report, Mitigation Monitoring and Reporting Program, CEQA Findings, Statement of Overriding Considerations, and further consideration of adoption of Resolution 18-62 denying or upholding the applicant’s appeal as presented; or with conditions or direction to staff to remand the project back to Planning Commission for further consideration. [Submitted by: M. Anaya] Principal Planner Mario Anaya provided a report and reviewed a PowerPoint slide presentation for the Council’s review and consideration. Mayor Macedo opened the appeal hearing at 7:21 p.m. Elizabeth Pollock addressed the Council on behalf of the appellant in support of the appeal. Brandon Parks addressed the Council on behalf of the project and presented a PowerPoint slide presentation in support of denial of the appeal and in support of the amended mitigation measures proposed. Courtney Roche of Roche Oil addressed the Council about the amount of added truck traffic and if traffic lights would help with traffic control. He additionally, asked if the Council would delay a decision. With no further public comments, Mayor Macedo closed the public hearing at 7:41 p.m. Comments by Council addressed by staff and Project Engineer Christopher Thnay. Following discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 3 to 1 (Council Member Jones voting no; Council Member Nunley absent) to Adopt Resolution 18-62 denying the appeal and approving the items, including the proposed mitigation measures and street striping as noted on the record.  7905 (2) Public Hearing: a. Public Hearing to pass-to-print Ordinance 18-11 revising Title 7, adding Chapter 7.09 (Well Ordinance) establishing policies for the construction, modification, repair, abandonment, or destruction of wells in the City of Tulare in order to manage the safety, utilization and distribution of its groundwater supply. [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 8:22 p.m.; with no public comment, he closed the public hearing at 8:22 p.m. Following discussion, it was moved by Vice Mayor Castellanoz, seconded by Council Member Sigala and carried 4 to 0 (Council Member Nunley absent) to pass-to-print Ordinance 18-11 as presented. b. Public Hearing to pass-to-print Ordinance 18-12 revising Title 10, Chapter 10.188, by repealing and replacing Section 10.188.050(J) related to changing the City’s standards for non-commercial signs. [Submitted by: M. Anaya] Principal Planner Mario Anaya provided a report for the Council’s review and consideration. Mayor Macedo opened the public hearing at 8:29 p.m.; with no public comment, he closed the public hearing at 8:29 p.m. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley absent) to pass-to-print Ordinance 18-12 as presented. (3) Community Development: a. Council consideration the adoption of Resolution 18-63 and provide direction to staff on the request by Applicant, California Land Company, for a deferral of project-related development impact fees associated with property located at 2043-2049 Hillman Street in the sum of $49,629.00 under section 8.56.080(B) of the Tulare Municipal Code. [Submitted by: T. Myers] Mayor Macedo recused himself from discussions due to property ownership. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Following discussion, it was moved by Council Member Jones, seconded by Vice Mayor Castellanoz and carried 3 to 0 (Mayor Macedo recused and Council Member Nunley absent) to adopt Resolution 18-63 as presented. (4) City Attorney: a. Discussion regarding the Tulare City Council Travel Policy related to uses and restrictions and directions to staff related thereto. [Submitted by: M. Zamora] Council Member Jones requested that  7906 Council Member Sigala repay the City for expenditures related to his travel to the League of California Cities Annual Conference due to alleged political campaigning while in attendance. Council Member Sigala responded thereto denying the allegations. Mayor Macedo and Vice Mayor Castellanoz commented that the newly seated Council Members and respective Council consider any revisions or clean up language to the policy at a future date if needed. No action taken. (5) Public Works: a. Informational update on the TCP Project and compliance order received by the State Water Resources Control Board. [Submitted by: W. Epps] Charles Ritchie addressed the Council regarding the City’s decision on the treatment of TCP in its water system. Public Works Director Trisha Whitfield provided a report for the Council’s review and consideration. Ms. Whitfield and Water and Wastewater Collections Utility Manager Tim Doyle addressed questions and comments related thereto. Informational Item Only. IX. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Jones requested a Fuel Cell update for a future meeting. X. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Macedo adjourned to closed session at 9:33 p.m. for matters as stated by Interim City Attorney Mario Zamora. Mayor Macedo will be recusing on Item E due to property ownership. (a) 54956.8b Conference with Real Property Negotiators Property: Tulare County Courthouse property APN #176-062-014, 425 East Kern Ave and an adjacent parking lot, APN # 176-063-021 Under Negotiation: Direction regarding potential purchase of property Negotiating parties: Willard Epps, Mario Zamora, Steve Bonville, Darlene Thompson [Submitted by: S. Bonville] (b) 54956.8b Conference with Real Property Negotiators Property: City property APN #170-263-002-000, 424 N. K Street Under Negotiation: Direction regarding potential purchase and development agreement from Gussan Shedid Negotiating parties: Willard Epps, Mario Zamora, Steve Bonville, Josh McDonnell [Submitted by: S. Bonville] (c) 54956.8b Conference with Real Property Negotiators  7907 Property: City properties APN’s #170-232-010-000 and #170-232-011-000, 450 N. N Street Under Negotiation: Direction regarding potential purchase and development agreement from Gerrid Climer Negotiating parties: Willard Epps, Mario Zamora, Steve Bonville [Submitted by: S. Bonville] (d) 54957 – Public Employee Dismissal/Release [Submitted by: M. Zamora, J. Avila] (e) 54956.8b Conference with Real Property Negotiators Property: property located along Cartmill Avenue between State Route 99 and De La Vina Street. (APN#149-060-016), (APN#149-240-024), (APN#149-060- 005), (APN#149-190-061), (APN#149-240-024), (APN#149-230-018), (APN#149-230-005), (APN#149-220-008), and (APN#149-230-014) Under Negotiation: acquisition status, terms, and conditions of the purchase of property Negotiating parties: Josh McDonnell, Steve Bonville, Michael Miller, Nick Bartsch, Will Washburn, and Mario Zamora. [Submitted by: N. Bartsch] XI. RECONVENE CLOSED SESSION Mayor Macedo reconvened from closed meeting at 10:40 p.m. XII. CLOSED SESSION REPORT (if any) Mayor Macedo advised there were no reportable actions. XIII. ADJOURN REGULAR MEETING Mayor Macedo adjourned the regular meeting at 10:40 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