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City Council Meeting

Regular Meeting

Tulare, CA · February 5, 2019

AgendaMinutes

Minutes

7936 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE February 5, 2019 A study session of the City Council, City of Tulare was held on Tuesday, February 5, 2019, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Greg Nunley6:19 p.m., Terry A. Sayre COUNCIL ABSENT: Carlton Jones STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Wes Hensley, Luis Nevarez, Steve Bonville, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Bartsch, Roxanne Yoder I. CALL TO ORDER STUDY SESSION Mayor Sigala called the study session to order at 6:00 p.m. II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence. Mayor Sigala advised that citizen comments would be taken following the Study Session presentation, those comments are noted below: Lyn Dredge addressed the Council in support of Alternative 1A. Susan Duyst addressed the Council with specific questions with regard to the ETA on freeway widening and related impacts, comments regarding Paige by Mr. Smalley, and a date on Pilot’s opening day improvements. Jerry Sinift (Agri-Center) addressed the Council in support of Alternative 1A. Alberto Aguilar addressed the Council regarding whether infrastructure was in place in the location of Alternative 1A. Staff, TCAG, and Caltrans representatives addressed questions and comments related thereto. 7937 III. STUDY SESSION (1) Study session and presentation by Caltrans and Tulare County Association of Governments regarding the findings of the South Tulare Interchange Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment, and subsequent selection of a preferred project alternative. Adopt Resolution 19-76 supporting Caltrans recommendation of a preferred alternative. Caltrans Project Manager, Neil Bretz, provided a PowerPoint presentation of Alternative 1A, Alternative 1C, Alternative 2 and Alternative 3. TCAG Director Ted Smalley addressed the Council regarding the leveraging of funding and noted that Alternative 1A affords better opportunities to not only improve Paige, but provides the opportunity to apply for a National Grant related to public/private construction funding. Following discussion, it was moved by Mayor Sigala and seconded by Vice Mayor Mederos to adopt Resolution 19-76 with the included whereas, “the Tulare City Council wishes to express its desire to see that the Paige overpass, regardless of whether the off and on ramps remain open, be upgraded and retrofitted as stated in Alternative 3,” with no objection regarding same from either TCAG or Caltrans representatives. It was carried 4 to 0 (Council Member Jones absent) to adopt Resolution 19-76 with the included verbiage provided by Mayor Sigala. IV. ADJOURN STUDY SESSION Mayor Sigala adjourned the study session at 7:05 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, February 5, 2019, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Greg Nunley, Terry A. Sayre COUNCIL ABSENT: Carlton Jones STUDENTS PRESENT: Alex Arroyo, Greg Garcia8:05 a.m. STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Wes Hensley, Luis Nevarez, Steve Bonville, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Bartsch, Fred Ynclan, Jerrod Boatman, Roxanne Yoder V. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular meeting to order at 7:10 p.m. 7938 VI. PLEDGE OF ALLEGIANCE AND INVOCATION Terry A. Sayre led the Pledge of Allegiance and an invocation was given by Josh McDonnell. VII. CITIZEN COMMENTS Mayor Sigala 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. There were no citizen comments. VIII. COMMUNICATIONS There were no items for this section of the agenda. IX. CONSENT CALENDAR: It was moved by Vice Mayor Mederos, seconded by Council Member Nunley 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) 4. (1) Authorization to read ordinances by title only. (2) Approve minutes of January 15, 2019 special/regular meeting(s). [Submitted by: R. Yoder] (3) Adopt Resolution 19-77 amending the City’s Position Control Budget (PCB) as follows: Delete the classification and allocation of Office Assistant in the Community Development Department (salary code 3294, $2,130.13 - $2,589.19/month) and add the position of Department Assistant I (salary code 3140, $2,873.22 - $3,492.42/month). [Submitted by: J. Avila] (4) Approve the final map for The Windmills No. 4 Subdivision, accept all easements and dedications offered to the City, and approve the agreement for construction of the subdivision improvements. [Submitted by: M. Miller] Council Member Nunley recused himself due to property ownership in the area and left the room. With no discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 3 to 0 (Council Member Nunley recused, Council Member Jones absent) to approve the item as presented. 7939 (5) Conditionally approve the Parcel Map filed by Tulare County Mortgage Service Corporation for the division of land located at the northeast corner of Bardsley Avenue and Wright Way 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 April 5, 2019. [Submitted by: M. Miller] (6) Receive, review, and file the Monthly Investment Report for December 2018. [Submitted by: D. Thompson] X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. XI. MAYOR’S REPORT (1) Review and discussion concerning the establishment of a City of Tulare Homeless Taskforce or Ad Hoc Committee and direction to staff related thereto. [Requested by: J. Sigala added per Council direction of 1/15/19] Mayor Sigala introduced the item and expressed the interest of both himself and Council Member Sayre in serving on an Ad Hoc Committee. Following discussion, it was moved by Council Member Sayre, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to approve an Ad Hoc Committee, with Mayor Sigala and Council Member Sayre to serve as oversight, with no city funding or staff time to be utilized. (2) Designate March 19, 2019 to honor International Women’s Month, and request Council Members advise the City Clerk’s Office of their honoree by March 8, 2019. [Requested by: J. Sigala, an annual item added February 2017] Mayor Sigala provided background on the item and encouraged Council Members to make their selections and advise the Chief Deputy City Clerk of those nominations by March 8, 2019. XII. STUDENT REPORTS Teens on Board Member Alexandra Arroyo addressed the Council on school related activities and events. XIII. 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. 7940 (1) City Attorney/Finance: a. Continued discussion regarding a request from the Tulare Local Healthcare District Board for funding assistance in the form of a line of credit and potential approval of financial documents related thereto. [Submitted by: D. Thompson; M. Zamora] Interim City Attorney Mario Zamora opined that the Council Members present that had recusals could hear public comment so long as there was no discussion. Council Member Nunley declared a financial conflict and left the room. Vice Mayor Mederos remained to hear public comment. Kevin Northcraft and Xavier Avila addressed the Council expressing concern and urgency to consider the matter. At the conclusion of their comments, Vice Mayor Mederos left the room declaring a property ownership conflict in the area. A quorum was no longer present. Interim City Attorney Zamora provided an update to the two remaining Council Members as to the terms on the matter and advised of updated documents related thereto. Interim City Manager Rob Hunt provided background on the City’s financials involved in the matter. Following comments, it was noted by Mayor Sigala that due to a lack of a quorum the matter could not proceed. Mayor Sigala indicated that he would work with staff to schedule a special meeting related to this item, if possible. (2) Community and Economic Development: a. Economic Development Year End Review. [Submitted by: T. Myers] Community Development Deputy Director Traci Myers provided a PowerPoint presentation for Council’s review and consideration. Questions and comments posed by Council were addressed by Ms. Myers. Vice Mayor Mederos acknowledged Ms. Myers for her work. Mayor Sigala commented on the City’s Site Plan Review process. Informational item only, no action taken. (3) Police: a. Tulare Police Department presentation on an acquisition opportunity of an Armored Rescue S.W.A.T. Vehicle at zero cost, except for outfitting and maintenance costs and request for direction to staff to proceed with said acquisition. [Submitted by: F. Ynclan] Captain Fred Ynclan and Lieutenant Jerod Boatman provided a PowerPoint presentation for the Council’s review and consideration. Following the presentation, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) directing staff to proceed. 7941 XIV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Vice Mayor Mederos requested a closed session item on the February 19, 2019, City Council Agenda regarding the City Attorney evaluation and interim status. It was seconded by Council Member Sayre and carried 4 to 0 (Council Member Jones absent). XV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session at 8:29 p.m. for matters as stated by Interim City Attorney Mario Zamora. (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): CLOCEA Negotiators: Rob Hunt, Darlene Thompson, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] Council Member Nunley recused himself from discussions on closed session item b and left the meeting at 9:15 p.m. (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Frost v. Nunley, TCSC Case No. 274926 [Submitted by: M. Zamora] XVI. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed meeting at 9:24 p.m. XVII. CLOSED SESSION REPORT (if any) Mayor Sigala advised there were no reportable actions. XVIII. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 9:24 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

Agenda

(Amended) AGENDA adding item 3a TULARE CITY COUNCIL TUESDAY, FEBRUARY 5, 2019 Study Session 6:00 p.m. Regular Session 7:00 p.m. (Or, immediately following Study Session) TULARE PUBLIC LIBRARY & COUNCIL CHAMBERS 491 North “M” Street MISSION STATEMENT TO PROMOTE A QUALITY OF LIFE MAKING TULARE THE MOST DESIRABLE COMMUNITY IN WHICH TO LIVE, LEARN, PLAY, WORK, WORSHIP AND PROSPER. Meeting audio will be uploaded to the City’s website www.tulare.ca.gov, no later than the Friday following the meeting, barring any technical difficulties, accessible by selecting the appropriate meeting date on the City Meeting Calendar page. 6:00 p.m. I. CALL TO ORDER STUDY SESSION II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence. III. STUDY SESSION (1) Study session and presentation by Caltrans and Tulare County Association of Governments regarding the findings of the South Tulare Interchange Initial Study with Proposed Mitigated Negative Declaration/Environmental Assessment, and subsequent selection of a preferred project alternative. Adopt Resolution 19-76 supporting Caltrans recommendation of a preferred alternative. 7:00 p.m. (Or, immediately following Study Session) IV. CALL TO ORDER REGULAR SESSION V. PLEDGE OF ALLEGIANCE AND INVOCATION VI. CITIZEN COMMENTS This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. AGENDA TULARE CITY COUNCIL February 5, 2019 Page 2 __________________________________________________________________ This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence. VII. COMMUNICATIONS Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council. VIII. CONSENT CALENDAR All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion. (1) Authorization to read ordinances by title only. (2) Approve minutes of January 15, 2019 special/regular meeting(s). [Submitted by: R. Yoder] (3) Adopt Resolution 19-77 amending the City’s Position Control Budget (PCB) as follows: Delete the classification and allocation of Office Assistant in the Community Development Department (salary code 3294, $2,130.13 - $2,589.19/month) and add the position of Department Assistant I (salary code 3140, $2,873.22 - $3,492.42/month). [Submitted by: J. Avila] (4) Approve the final map for The Windmills No. 4 Subdivision, accept all easements and dedications offered to the City, and approve the agreement for construction of the subdivision improvements. [Submitted by: M. Miller] (5) Conditionally approve the Parcel Map filed by Tulare County Mortgage Service Corporation for the division of land located at the northeast corner of Bardsley Avenue and Wright Way for recordation, and accept all easements and dedications offered to the City subject to receipt of the signed parcel map, all AGENDA TULARE CITY COUNCIL February 5, 2019 Page 3 __________________________________________________________________ fees, and other required items prior to April 5, 2019. [Submitted by: M. Miller] (6) Receive, review, and file the Monthly Investment Report for December 2018. [Submitted by: D. Thompson] IX. SCHEDULED CITIZEN OR GROUP PRESENTATIONS X. MAYOR’S REPORT (1) Review and discussion concerning the establishment of a City of Tulare Homeless Taskforce or Ad Hoc Committee and direction to staff related thereto. [Requested by: J. Sigala added per Council direction of 1/15/19] (2) Designate March 19, 2019 to honor International Women’s Month, and request Council Members advise the City Clerk’s Office of their honoree by March 8, 2019. [Requested by: J. Sigala, an annual item added February 2017] XI. STUDENT REPORTS XII. 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) City Attorney/Finance: a. Continued discussion regarding a request from the Tulare Local Healthcare District Board for funding assistance in the form of a line of credit and potential approval of financial documents related thereto. [Submitted by: D. Thompson; M. Zamora] (2) Community and Economic Development: a. Economic Development Year End Review. [Submitted by: T. Myers] (3) Police: a. Tulare Police Department presentation on an acquisition opportunity of an Armored Rescue S.W.A.T. Vehicle at zero cost, except for outfitting and maintenance costs and request for direction to staff to proceed with said acquisition. [Submitted by: F. Ynclan] XIII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) AGENDA TULARE CITY COUNCIL February 5, 2019 Page 4 __________________________________________________________________ XIV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): CLOCEA Negotiators: Rob Hunt, Darlene Thompson, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Frost v. Nunley, TCSC Case No. 274926 [Submitted by: M. Zamora] XV. RECONVENE CLOSED SESSION XVI. CLOSED SESSION REPORT (if any) XVII. ADJOURN REGULAR MEETING In compliance with the Americans with Disabilities and Brown Act, if you need special assistance to participate in the meeting, including the receipt of the agenda and documents in the agenda package in an alternate format, please contact the City Manager’s Office (559) 684-4200. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35, 104 ADA Title II), and allow for the preparation of documents in the appropriate alternate format. [Note: Pursuant to Government Code 54957.5 - Effective 7/1/08 Documents produced and distributed less than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item on the agenda will be made available for public inspection at the meeting and at the City Clerk’s Office at City Hall located at 411 East Kern Avenue during normal business hours.]

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