City Council Meeting

7955 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE March 5, 2019 A regular session of the City Council, City of Tulare was held on Tuesday, March 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 Garcia STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Matt Machado, Luis Nevarez, Steve Bonville, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Traci Myers, Nick Bartsch, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION General Services Director Steve Bonville led the Pledge of Allegiance and an invocation was given by City Engineer Michael Miller. III. 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. Colby Wells of Southern California Gas addressed the Council regarding concerns over the State’s efforts to electrify all buildings (Building De-carbonization) virtually eliminating all need for natural gas. IV. COMMUNICATIONS There were no items for this section of the agenda.  7956 V. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Council Member Sayre 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) 6, 7, 8, 9 & 10. (1) Authorization to read ordinances by title only. (2) Approve minutes of February 19, 2019 special and regular meeting(s). [Submitted by: R. Yoder] (3) Declare Chris Soria’s seat on the Board of Public Utilities vacant and direct staff to post the vacancy and solicit applications. [Submitted by: R. Yoder] (4) Declare Nic Ferreira’s seat on the Measure I Oversight Committee vacant and direct staff to post the vacancy and solicit applications. [Submitted by: R. Yoder] (5) Adopt Resolution 19-08 accepting the Irrevocable Offer of Dedication for Old Town Drive at its western terminus west of “E” Street as shown on the Recorded Map of Parkwood Meadows Unit No. 7 filed on July 28, 1993 in Volume 36 of Maps at Page 21 in the Office of the Tulare County Recorder. Direct the City Clerk to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M. Miller] (6) Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN: 149-060-016 &149-060-024 in the amount of $72,000 for the use of public right-of-way for Project EN0073 – Cartmill Avenue Improvements project. [Submitted by: N. Bartsch] (7) Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN: 149-240-024 in the amount of $34,200 for the use of public right-of-way for Project EN0073 – Cartmill Avenue Improvements project. [Submitted by: N. Bartsch] (8) Award and authorize the City Manager to sign a contract with NV5 of Fresno, CA in an amount not to exceed $570,157.20 for construction management and inspection services associated with Project EN0073, a street and utility improvement project on Cartmill Avenue; and authorize  7957 the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($57,015.72) of the contract award amount. [Submitted by: N. Bartsch] (9) Award and authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $72,500 for construction surveying services associated with Project EN0073, a street and utility improvement project on Cartmill Avenue; and authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($7,250) of the contract award amount. [Submitted by: N. Bartsch] (10) Award and authorize the City Manager to sign a contract with Kleinfelder of Fresno, CA in an amount not to exceed $134,076.40 for materials testing services associated with Project EN0073, a street and utility improvement project on Cartmill Avenue; and authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($13,407.64) of the contract award amount. [Submitted by: N. Bartsch] Items 6 – 10 were pulled by Council Member Nunley to recuse himself due to a business conflict and property ownership in the area and left the room. With no further 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 items as presented. (11) Receive, review, and file the Monthly Investment Report for January 2019. [Submitted by: D. Thompson] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentation by VCD Athletic Program. Hector Alatorre provided a slide presentation of programs and activities of the VCD Athletic Program. Athlete participants addressed Council expressing their support for the program. Lastly, a cultural dance was performed. VII. MAYOR’S REPORT (1) Proclamation Recognition of National Ag Day – March 14, 2019. Various representatives addressed the Council on Tulare County Agriculture. Following those presentations, Mayor Sigala presented the group with a Proclamation in recognition of National Ag Day on March 14, 2019. VIII. STUDENT REPORTS Teens on Board Members Alex Arroyo and Greg Garcia addressed the Council on school related activities and events.  7958 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) Economic Development: a. Review the Consultant Services Agreement between the City of Tulare and the Buxton Group for retail attraction and recruitment and consideration to exercise the City’s option to renew for a one-year extension as provided for in the Agreement and to grant authorization to the Interim City Manager to execute documents necessary to effectuate the extension. [Submitted by: T. Myers] Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Questions and comments by Council were addressed by Ms. Myers. Following discussion, it was moved by Council Member Nunley, seconded by Vice Mayor and carried 4 to 0 (Council Member Jones absent) to approve the item as presented. b. 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] Community Development Deputy Director Traci Myers provided a report for the Council’s review and consideration. Questions and comments by Council were addressed by Ms. Myers. Council Member Nunley indicated that he had a business relationship conflict and following Ms. Myers presentation, left the room. Following 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 direct staff to fund the request by Sequoia Tourism in the amount of $9,000 from the cost savings remaining in the Economic Development department budget. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Sayre and carried 2 to 1 (Vice Mayor Mederos voting no; Council  7959 Member Nunley recused; Council Member Jones absent) to approve the request from Rhett Bullock in the amount of $10,000; Following discussion, it was moved by Council Member Sayre (Council Member Nunley recused; Council Member Jones absent) to approve the request from Randy Robertson in the amount of $25,000; the motion failed for lack of a second. c. Receive update and provide direction related to the upcoming International Council of Shopping Centers (ICSC) Conferences. [Submitted by: T. Myers] Community Development Deputy Director Traci Myers provided an update for the Council’s review and consideration. Mayor Sigala commented on the importance of economic development as well having a unified image for the City. Following his comments, he moved for Council’s support to direct staff to make arrangements for the mayor to attend and represent the City at the ICSC ReCon in Vegas, scheduled at the end of May, providing for a unified voice and image when representing the City. This was seconded by Vice Mayor Mederos and carried 4 to 0 (Council Member Jones absent) to approve as presented. (2) Engineering/Project Management: a. Award and authorize the City Manager to sign a contract with Don Berry Construction, Inc. of Selma, CA in an amount not to exceed $6,407,827.10 for street and utility improvements associated with Project EN0073, a street and utility improvement project on Cartmill Avenue; Approve the revised project budget (attached); Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($640,782.71) of the contract award amount. [Submitted by: N. Bartsch] Senior Projects Manager Nick Bartsch provided a report for the Council’s review and consideration. Questions and comments posed by Council addressed by Mr. Bartsch. Following discussion, it was moved by Council Member Sayre, seconded by Vice Mayor Mederos and carried 3 to 0 (Council Member Nunley recused; Council Member Jones absent) to approve the item as presented. X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session at 8:48 p.m. for matters as stated by Interim City Attorney Mario Zamora.  7960 (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: Rob Hunt, Mario Zamora, Steve Bonville, Darlene Thompson [Submitted by: S. Bonville] (b) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): CLOCEA; TPOU Negotiators: Rob Hunt, Darlene Thompson, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] (c) 54956.9(d)(2) Conference with Legal Counsel – Anticipated Litigation (1) no further facts to state [Submitted by: M. Zamora] (d) 54957(b)(1) – Public Employee Evaluation/Appointment: City Attorney [Submitted by: J. Avila as approved to schedule by Council on 2/5/19] XII. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed meeting at 10:30 p.m. XIII. CLOSED SESSION REPORT (if any) Mayor Sigala advised there were no reportable actions. XIV. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 10:30 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