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City Council Meeting

Regular Meeting

Tulare, CA · February 19, 2019

AgendaMinutes

Minutes

7949 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE February 19, 2019 A study session of the City Council, City of Tulare was held on Tuesday, February 19, 2019, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Carlton Jones, Terry A. Sayre, Greg Nunley 6:34 p.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, Roxanne Yoder I. CALL TO ORDER STUDY SESSION Mayor Sigala called the study session to order at 6:01 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. No public comments presented. III. STUDY SESSION (1) Mid-Year Budget Review Presentation, Discussion and Direction related thereto: a. Mid-Year Review b. End of Year Projections c. CalPERS Outlook d. General Fund Balance e. Directions for 2019-2020 Budget Finance Director Darlene Thompson provided a PowerPoint presentation for the Council’s review and consideration, reviewing FY 18/19 General Fund Revenues vs. Expenditures; Expenditure Summary; 5-Year History & Current Year Estimate General Fund Major Revenues; Police Actual & Estimated Expenditures; Fire Actual & Estimated Expenditures; Measure I Revenue & Expenditures; Personnel Reserve Expenditures; CalPERS Outlook Unfunded Liability Payment – 30-year amortization – city wide. Staff addressed questions and comments posed by Council. Direction to staff is to provide Council with a copy of the PowerPoint presentation, a copy of the current master fee schedule, a schedule of proposed 7950 budget meetings and schedule the existing Budget Policies & Practices documents for review and possible revision by Council. IV. ADJOURN STUDY SESSION Mayor Sigala adjourned the study session at 6:39 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, February 19, 2019, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Carlton Jones, Greg Nunley, Terry A. Sayre STUDENTS PRESENT: Greg Garcia STUDENTS ABSENT: Alex Arroyo 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, Bonnie Beasley, Roxanne Yoder V. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular meeting to order at 7:00 p.m. VI. PLEDGE OF ALLEGIANCE AND INVOCATION Public Works Director Trisha Whitfield led the Pledge of Allegiance and an invocation was given by Community & Economic Development Director 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. Marvin Krueger addressed the Council regarding solar energy through Edison’s Grid Alternatives Program. Hector Alatorre addressed the Council requesting a presentation item for the next meeting regarding his VCD athletic boxing club program and the need for a new facility. 7951 Janet Heath addressed the Council expressing disappointment with Council Member Jones’ absence at the last meeting and the public’s perception of that absence. VIII. COMMUNICATIONS There were no items for this section of the agenda. IX. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Vice Mayor Mederos and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item(s) 4, 7 and 11. (1) Authorization to read ordinances by title only. (2) Approve revised minutes of December 11, 2018, to properly reflect actions under Items of Interest; and minutes of January 31, 2019, February 1, 2019, February 5, 2019, and February 12, 2019 special and regular meeting(s). [Submitted by: R. Yoder] (3) Adopt Resolution 19-06 revising the City of Tulare Records Information Management (RIM) Policy and related city-wide records retention schedules. [Submitted by: M. Hermann] (4) Receive informational report on current City of Tulare, City Council 2018/2019 travel budget. [Submitted by: R. Hunt, D. Thompson, R. Yoder] Vice Mayor Mederos pulled the item to report on the League of California Cities New Mayors and Council Members Academy that he and Council Member Sayre attended and the benefits from the sessions. Council Member Sayre echoed his comments. Mayor Sigala inquired if the balances reflect the Tulare County Office of Education room rental and staff responded thereto. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to receive the report as presented. (5) Adopt Resolution 19-07 approving the M & Prosperity Intersection Modification Project, and the associated California Environmental Quality Act (CEQA) Notice of Exemption. [Submitted by: M. Anaya] (6) Approve a contract with 4Creeks, Inc. of Visalia, CA for public works inspection services needed to temporarily augment City Staff due to a City employee work related medical leave. [Submitted by: N. Bartsch] (7) Award and authorize the City Manager to sign a contract amendment with Don Berry Construction, Inc. of Selma, CA in an amount not to exceed $917,582.79 for additional street and utility improvements associated with Project EN0077, a street and utility improvement project on Cherry Street, 7952 Bash Alley and Lyndale Drive; Approve the revised project budget. [Submitted by: N. Bartsch] Vice Mayor Mederos pulled the item to receive an informational update on the project from Senior Project Manager Nick Bartsch. Questions and comments posed by Council were addressed by Mr. Bartsch. Following the update, it was moved by Council Member Sayre, seconded by Council Member Nunley and unanimously carried to approve the item as presented. (8) Receive and accept the City’s annual audited financial statements/Comprehensive Annual Financial Report (CAFR) for 2017-2018 fiscal year. [Submitted by: D. Thompson – a copy of the CAFR is available on the City’s website and in the Office of the City Clerk for viewing purposes] (9) Authorize salary changes effective with the pay period beginning on July 7, 2018 for the Miscellaneous Mid-Manager’s, Department Head, and Police Management groups, and authorize the City’s negotiating team to execute a side letter agreement between the City of Tulare and the Police Management Group. [Submitted by: J. Avila] (10) Reject the liability claim filed by Matthew B. Cramer for loss of cash and property relating to law enforcement action on August 26, 2018 by the Visalia Police Department in the jurisdiction of Tulare Police Department. [Submitted by: J. Avila] (11) Receive the Fuel Cell Update. [Submitted by: T. Whitfield] Vice Mayor Mederos and Council Member Jones pulled the item for an update from staff. Mayor Sigala noted that would limit the discussion to 15 minutes, then would allow the Council to respond accordingly in rounds. Council Member Jones expressed concerns with the project. City Manager Rob Hunt and Public Works Director Trisha Whitfield responded thereto. X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. XI. MAYOR’S REPORT Presentation by Bonnie Heasley, Tulare Animal Services Manager and Vet Tech Wendy Roper highlighting the department through a PowerPoint presentation and introduced Pet of the Month, a female Pit Bull, Ursula, for adoption. XII. STUDENT REPORTS Teens on Board Member Greg Garcia addressed the Council on school related activities and events. 7953 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. (1) Economic Development: a. Update on the status of the economic development assistance fund balance and Council consideration and direction to staff on three requests for an economic development assistance grant; 1) by Applicant, Rhett Bullock for an economic development assistance grant in the sum of $10,000 for contribution to the interior renovations to be performed on an existing building located at 160 North L Street; and 2) by Sequoia Tourism Council for an economic development assistance grant in the sum of $9,000 to fund 2019 regional tourism efforts; and 3) by Randy Robertson in the sum of $25,000 for a contribution to the construction of a Jack in the Box at South Mooney Boulevard and Bardsley Avenue. [Submitted by: T. Myers] Council Member Nunley stated he needed to recuse himself with regard to discussions concerning the request from Rhett Bullock due to a business conflict. Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Questions and comments posed by Council were responded to by Ms. Myers. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Nunley and unanimously carried to continue this item to a future meeting prior to Buxton’s contract expiration. XIV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Mayor Sigala received consensus from the Council to place Hector Alatorre’s request on the March 5 meeting for a presentation from the VCD Athletic Boxing Club. Council Member Jones received consensus from the Council to schedule a 6 p.m. Study Session on the March 19 meeting to review the City’s Cannabis Ordinance. 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): TPOU Negotiators: Rob Hunt, Darlene Thompson, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] 7954 (b) 54956.9(d)(2) Conference with Legal Counsel – Anticipated Litigation (1) no further facts to state [Submitted by: M. Zamora] (c) 54957(b)(1) – Public Employee Evaluation/Appointment: City Attorney [Submitted by: J. Avila as approved to schedule by Council on 2/5/19] XVI. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed meeting at 9:30 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 9:30 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

Agenda

AGENDA TULARE CITY COUNCIL TUESDAY, FEBRUARY 19, 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) Mid-Year Budget Review Presentation, Discussion and Direction related thereto: a. Mid-Year Review b. End of Year Projections c. CalPERS Outlook d. General Fund Balance e. Directions for 2019-2020 Budget [A PowerPoint slide presentation will be presented, written material, if provided, will be distributed before or at the meeting.] 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 AGENDA TULARE CITY COUNCIL February 19, 2019 Page 2 __________________________________________________________________ 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. 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 revised minutes of December 11, 2018, to properly reflect actions under Items of Interest; and minutes of January 31, 2019, February 1, 2019, February 5, 2019 and February 12, 2019 special and regular meeting(s). [Submitted by: R. Yoder] (3) Adopt Resolution 19-06 revising the City of Tulare Records Information Management (RIM) Policy and related city-wide records retention schedules. [Submitted by: M. Hermann] (4) Receive informational report on current City of Tulare, City Council 2018/2019 travel budget. [Submitted by: R. Hunt, D. Thompson, R. Yoder] AGENDA TULARE CITY COUNCIL February 19, 2019 Page 3 __________________________________________________________________ (5) Adopt Resolution 19-07 approving the M & Prosperity Intersection Modification Project, and the associated California Environmental Quality Act (CEQA) Notice of Exemption. [Submitted by: M. Anaya] (6) Approve a contract with 4Creeks, Inc. of Visalia, CA for public works inspection services needed to temporarily augment City Staff due to a City employee work related medical leave. [Submitted by: N. Bartsch] (7) Award and authorize the City Manager to sign a contract amendment with Don Berry Construction, Inc. of Selma, CA in an amount not to exceed $917,582.79 for additional street and utility improvements associated with Project EN0077, a street and utility improvement project on Cherry Street, Bash Alley and Lyndale Drive; Approve the revised project budget. [Submitted by: N. Bartsch] (8) Receive and accept the City’s annual audited financial statements/Comprehensive Annual Financial Report (CAFR) for 2017-2018 fiscal year. [Submitted by: D. Thompson – a copy of the CAFR is available on the City’s website and in the Office of the City Clerk for viewing purposes] (9) Authorize salary changes effective with the pay period beginning on July 7, 2018 for the Miscellaneous Mid-Manager’s, Department Head, and Police Management groups, and authorize the City’s negotiating team to execute a side letter agreement between the City of Tulare and the Police Management Group. [Submitted by: J. Avila] (10) Reject the liability claim filed by Matthew B. Cramer for loss of cash and property relating to law enforcement action on August 26, 2018 by the Visalia Police Department in the jurisdiction of Tulare Police Department. [Submitted by: J. Avila] (11) Receive the Fuel Cell Update. [Submitted by: T. Whitfield] IX. SCHEDULED CITIZEN OR GROUP PRESENTATIONS X. MAYOR’S REPORT 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. AGENDA TULARE CITY COUNCIL February 19, 2019 Page 4 __________________________________________________________________ (1) Economic Development: a. Update on the status of the economic development assistance fund balance and Council consideration and direction to staff on three requests for an economic development assistance grant; 1) by Applicant, Rhett Bullock for an economic development assistance grant in the sum of $10,000 for contribution to the interior renovations to be performed on an existing building located at 160 North L Street; and 2) by Sequoia Tourism Council for an economic development assistance grant in the sum of $9,000 to fund 2019 regional tourism efforts; and 3) by Randy Robertson in the sum of $25,000 for a contribution to the construction of a Jack in the Box at South Mooney Boulevard and Bardsley Avenue. [Submitted by: T. Myers] XIII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XIV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): TPOU Negotiators: Rob Hunt, Darlene Thompson, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] (b) 54956.9(d)(2) Conference with Legal Counsel – Anticipated Litigation (1) no further facts to state [Submitted by: M. Zamora] (c) 54957(b)(1) – Public Employee Evaluation/Appointment: City Attorney [Submitted by: J. Avila as approved to schedule by Council on 2/5/19] 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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