City Council Meeting

8080 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE November 19, 2019 A regular session of the City Council, City of Tulare was held on Tuesday, November 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, Terry A. Sayre, Carlton Jones, Greg Nunley STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Tim Thompson (Special Counsel), Wes Hensley, Luis Nevarez, Janice Avila, Steve Bonville, Craig Miller, Michael Miller, Traci Myers, Darlene Thompson, Trisha Whitfield, Mario Anaya, Roxanne Yoder, Ryan Leonard, Dave Rossman I. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION City Attorney Mario Zamora led the Pledge of Allegiance and an invocation was given by Xavier Avila. 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. Marnie Fidler addressed the Council regarding the Tulare Hospital Foundation’s Festival of Trees event on November 23, 2019. Janet LeBaron addressed the Council regarding homelessness in the community and concerns over temporary housing location and logistics to ensure cleanliness. Paul Freitas addressed the Council regarding homeless in the community, insufficient lighting at the old library and a tree growing out of the gutter at Tulare and F Street.  8081 IV. COMMUNICATIONS Public Works Director Trisha Whitfield introduced the City’s new Assistant Public Works Director Mario Orosco. V. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Council Member Jones and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 4, 5, 6 & 7. (1) Authorization to read ordinances by title only. (2) Approve minutes of November 5, 2019 special/regular meeting(s). [Submitted by: R. Yoder] (3) Adopt Ordinance 19-07 for a zoning text Amendment to Chapter 10.180 of the City of Tulare Municipal Code to revise the City’s standards for mobile and stationary sidewalk vendors within the City’s limits. [Submitted by: M. Anaya] (4) Authorize the Mayor to execute a license, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to allow Clint Russell of CNS Real Estate, LLC to maintain an existing backflow preventer located behind the sidewalk within the Industrial Place public right-of-way. [Submitted by: M. Miller] Vice Mayor Mederos pulled the item for consideration of amending the language in the license to include costs for removal to be borne by CNS. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to approve the item as amended. Staff will make the necessary modifications for as directed for signature. (5) Authorize the Mayor to execute a license, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to allow SSSC, Inc. to maintain an existing decorative wrought iron fence within the City’s Bardsley Avenue and “E” Street rights-of-way along a portion their adjacent commercial property. [Submitted by: M. Miller] Vice Mayor Mederos pulled the item to recuse due to a business relationship with the applicant. With no discussion, it was moved by Council Member Jones, seconded by Council Member Sayre and carried 4 to 0 (Vice Mederos recused) to approve the item as presented. (6) Acknowledge receipt of Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for the fiscal year ended June 30, 2018. [Submitted by: D. Thompson] Vice Mayor Mederos pulled the item to commend Finance Director  8082 Darlene Thompson and her department on this achievement. Following comments by Council, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to accept the item as presented. (7) Authorize the Mayor to sign the release of lien on the properties of 793, 795 and 799 N. Cherry Street to the Tulare Local Healthcare District from the City of Tulare line of credit security. [Submitted by: D. Thompson] Council Member Jones pulled the item for discussion. Council Member Nunley recused himself from discussions due to a business relationship. Vice Mayor Mederos recused himself from discussions due to property ownership near the hospital and left the room. City Attorney Mario Zamora and Finance Director Darlene Thompson responded to questions posed by Council Member Jones. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Sayre and carried 2 to 1 (Council Member Jones voting no, Council Member Nunley & Vice Mayor Mederos recused.) (8) Authorize an appropriation and payment in the amount of $8,486.90 toward the City’s share of the annual costs toward the Tulare-Kings County Regional Hazardous Materials Team and authorize the City Manager to execute the Memorandum of Understanding, subject to only minor conforming or clarifying changes acceptable to the City Manager. [Submitted by: R. Roberts] (9) Adopt Resolution 19-53 authorizing the surplus of City Vehicle Unit #0396. [Submitted by: S. Bonville] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Aviation Committee Annual Report presented by Board Chair Committee Member John Arriola. Committee Member John Arriola provided a PowerPoint presentation for the Council’s review and consideration. Questions posed by the Council were responded to by Mr. Arriola and General Services Director Steve Bonville. (2) Presentation by the Tulare County Task Force on Homelessness Draft Homeless Strategic Plan prepared by consultants, Homebase. This item was pulled to be rescheduled for a date yet to be determined. (3) Proclamation presentation in recognition of “Small Business Saturday”. Mayor Sigala presented the proclamation to Chamber CEO Donnette Silva- Carter in recognition of Small Business Saturday on November 30, 2019.  8083 VII. MAYOR’S REPORT (1) Legislative update/wrap-up/look ahead by Richard Harmon, Townsend Public Affairs with discussion and direction regarding the Mayor’s proposal for a homelessness pilot project. Richard Harmon of Townsend Public Affairs provided a report for the Council’s review and consideration. Mayor Sigala commented on his proposal for a homelessness pilot project to seek funding from Sacramento. 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) Public Hearing: a. Public Hearing to receive and accept the City’s annual Development Impact Fee Fund Report for the fiscal year ended June 30, 2019. [Submitted by: D. Thompson] Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:11 p.m. Receiving no public comment, Mayor Sigala closed the public hearing at 8:11 p.m. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre and unanimously carried to accept the item as presented. b. Public Hearing to Pass-to-Print Ordinance 19-11 amending Chapter 3.08 of Title 3 of the City Code, Fire Prevention Code, pertaining to the California Fire Code (CFC). [Submitted by: R. Leonardo] Fire Marshall Ryan Leonardo provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:14 p.m. Receiving no public comment, Mayor Sigala closed the public hearing at 8:14 p.m. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to pass-to-print Ordinance 19-11, as presented. (2) Engineering: a. Consider a request by Del Lago Place, LLC to grant a one-year time extension for completion of public improvements for the Tesori subdivision, and if approved, authorize the City Manager to enter an amended subdivision improvement agreement reflecting said extension. [Submitted by: M. Miller] Council Member Nunley recused himself from discussions and left the room due to ownership in the LLC. City Attorney Mario Zamora declared an ethical conflict and left the room. Special Council Tim Thompson was seated on this matter to provide any  8084 legal counsel. City Engineer Michael Miller provided a report for the Council’s review and consideration. Meena Reddy addressed the Council regarding the matter with concerns of the conditions of the subdivision. Shawn Day addressed the Council regarding the matter on behalf of Del Lago Place, LLC and in support of the extension. Questions and comments by Council were responded to by Mr. Day and Mr. Miller. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 4 to 0 (Council Member Nunley recused) to continue this matter to the December 3, 2019 for further discussion and consideration. (3) City Manager: a. Review the existing processes with regard to the recruitment, selection and appointment of members to the City of Tulare’s Boards, Commissions and Committees and provide direction to staff related thereto. [Submitted by: R. Hunt per Council direction of 11/5/19] Mayor Sigala requested that staff continue this item to December 17 and that Council review the handbook in advance of that meeting and advise of any changes. He further requested that consideration of aligning the language as to eligibility to serve with State law and discussion regarding whether Council wants to have applicants from within the city or within the sphere of influence. It was moved by Mayor Sigala, seconded by Council Member Nunley and unanimously carried to continue this item to the December 17, 2019, City Council meeting. IX. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Mayor Sigala noted that he will ask the Council to consider at the December 3 meeting, following the report for the Homelessness Ad Hoc Committee report, a request to have Townsend Public Affairs identify a legislator to seek State funding for a pilot program in Tulare similar to Visalia’s Hope Team. Additionally, he will seek Council support to form a Social Services Agency Commission. Mayor Sigala requested support from the Council to add an item for a report on addressing illegal car sales lots in Tulare. There was consensus to add this item to a future agenda, date to be determined. Chief Hensley will facilitate. Mayor Sigala requested support from the Council to add an item for general discussion on the relationships between HOA’s and the City. This request failed for lack of a second and/or consensus.  8085 X. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session at 9:31 p.m. for the items as noted by City Attorney Zamora. (a) 54956.9(b) Conference with Legal Counsel – Anticipated Litigation (1) item of anticipated litigation [Submitted by: M. Zamora] (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Tuggle v. City of Tulare, USDC Eastern District No. 1:19-cv- 01525-LJO-SAB [Submitted by: J. Avila] XI. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 10:05 p.m. XII. CLOSED SESSION REPORT (if any) Mayor Sigala advised there was no reportable action. XIII. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 10:05 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