City Council Meeting

8188 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE Jun 16, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, June 16, 2020, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos COUNCIL PRESENT VIA ZOOM/TELECONFERENCE: Terry Sayre, Carlton Jones COUNCIL ABSENT: Greg Nunley STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Josh McDonnell, Wes Hensley, Melissa Hermann I. CALL TO ORDER CLOSED SESSION Mayor Sigala called the closed session to order at 6:03 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. There were no public comments. III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session for items as noted by City Attorney Mario Zamora at 6:05 p.m. Continued discussion for Item (a) following regular session: Mayor Sigala adjourned to closed session at 10:15 p.m. (a) 54957(b)(1) – Public Employee Performance Evaluation: City Manager [Submitted by: J. Avila] (Council Member Jones absent; not available by phone) (b) 54956.8b Conference with Real Property Negotiators Property: West Side medical Clinic Property Under Negotiation: Purchase, price, and terms and conditions of potential purchase Negotiating parties: Rob Hunt, Josh McDonnell [Submitted by: J. McDonnell] (Council Member Jones absent; not available by phone)  8189 IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:14 p.m. Continued discussion for Item (a) following regular session: Mayor Sigala reconvened from closed session at 10:55 p.m. V. CLOSED SESSION REPORT (if any) City Attorney Mario Zamora advised there was no reportable action in regard to Item (b). Item (a) would continue to be discussed in closed session following the regular session. Continued Item (a) following regular session: Mayor Sigala advised there was no reportable action in regard to Item (a). VI. ADJOURN CLOSED SESSION Mayor Sigala recessed closed session at 7:14 p.m. as item (a) would continue to be discussed in closed session following the regular session. Mayor Sigala adjourned closed session at 10:55 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, June 2, 2020, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos COUNCIL PRESENT VIA ZOOM: Terry Sayre, Carlton Jones COUNCIL ABSENT: Greg Nunley STAFF PRESENT: Rob Hunt, Mario Zamora, Mandy JeffcoachVia Zoom, Josh McDonnell, Darlene Thompson, Traci Myers, Michael Miller, Trisha Whitfield, Craig Miller, Luis Nevarez, Janice Avila, Wes Hensley, Nick Bartsch, Melissa Hermann VII. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:15 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Sigala led the Pledge of Allegiance and held a moment of silence.  8190 IX. 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. Janet LeBaron and Sandi Miller expressed support for local law enforcement. X. COMMUNICATIONS There were no items for this section of the agenda. XI. CONSENT CALENDAR: It was moved by Vice Mayor Mederos seconded by Council Member Sayre, and carried 4 to 0 (Council Member Nunley absent) that the items on the Consent Calendar be approved as presented with the exception of item 7. (1) Authorization to read ordinances by title only. (2) Approve minutes of May 28, 2020 and June 2, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Authorize the City Manager to complete and execute the documents necessary to declare as public right-of-way a portion of the ‘J’ Street at Cartmill Avenue well site (Well 4-5: Project WT0038 – North ‘J’ Street Well Project), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: J. Funk] (4) Authorize the Mayor to execute an oversized construction reimbursement agreement, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Merced JJR KCOK, LLC for oversize improvements constructed with phase 2 of the KCOK Ranch Subdivision. [Submitted by: M. Miller] (5) Authorize the City Manager to execute a benefit district refunding agreement, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Merced JJR KCOK, LLC for water, sanitary sewer, storm drain and street improvements constructed with phase 2 of the KCOK Ranch subdivision. [Submitted by: M. Miller] (6) Approve the Parcel Map 2020-02 filed by Pepsu, Inc. for the division of land located on the east side of Cherry Street between Prosperity and Merritt Avenues and accept the 25' wide public utility easement as shown  8191 hereon, conveyed to the City of Tulare as an easement. [Submitted by: M. Miller] (7) Adopt Resolution 2020-31 authorizing the City of Tulare to apply for a Federal Railroad Administration’s 2020 Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program grant for proposed improvements to the at-grade crossing of Prosperity Avenue and the UPRR tracks and intersection of Prosperity Avenue and “J” Street, and designate the City Manager or his/her designee as the individual authorized to execute all grant documents on behalf of the City. [Submitted by: N. Bartsch] Vice Mayor Mederos pulled this item for clarification. Senior Project Manager Nick Bartsch responded to questions posed by Council. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 3 to 0 (Council Members Nunley and Jones absent) to adopt Resolution 2020-31 with changes as suggested by Council. (8) Adopt the Four-Year Memorandum of Understanding (July 1, 2018 through June 30, 2022) by and between the City of Tulare and the Tulare Police Officers Union (TPOU); Grant an additional half of percent (.50%) to Police Sergeants, Police Lieutenants, and Police Captains effective the first full pay period of July 2020 and approve changes to the payment of Long-Term Disability premiums for currently enrolled employees; and grant one (1) personal leave day. [Submitted by: J. Avila & M. Zamora] (9) Award and authorize the City Manager to execute a contract with Safety Striping Services, Inc. of Goshen, California, in the amount of $277,361.19 for the City’s 2020 Annual Street Striping Project. [Submitted by: T. Whitfield] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] Mayor Sigala presented the Spotlight on Excellence award to Lorraine Zorn. (2) Proclamation honoring Waste and Recycling Workers Week. [Requested by: D. Mederos] Mayor Sigala presented a Proclamation to Art Avila and Jon Pimentel who accepted on behalf of the Solid Waste Department. (3) Receive Tulare Chamber of Commerce Annual Report presented by Donnette Silva-Carter, CEO. Donnette Silva-Carter provided a presentation to the Council. XIII. MAYOR’S REPORT There were no items for this section of the agenda.  8192 XIV. 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. Items in this portion of the agenda were taken out of order. (1) Public Hearing: a. Public Hearing to adopt Resolution 2020-32 approving the 2020/21 city operating budget, to adopt Resolution 2020-33 approving the 2020/21 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare, to adopt Resolution 2020-34 establishing the 2020/2021 appropriation limit; and to receive the BPU-adopted Utility Enterprise Fund Budgets. [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 9:12 p.m. Receiving no public comment, the public hearing was closed at 9:13 p.m. Questions posed by Council were responded to by staff. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Sayre, and carried 3 to 0 (Council Members Nunley and Jones absent) to adopt Resolution 2020-32. It was moved by Mayor Sigala, seconded by Council Member Sayre, and carried 3 to 0 (Council Members Nunley and Jones absent) to adopt Resolution 2020-33. It was moved by Mayor Sigala, seconded by Council Member Sayre, and carried 3 to 0 (Council Members Nunley and Jones absent) to adopt Resolution 2020-34. Lastly, it was moved by Mayor Sigala, seconded by Council Member Sayre, and carried 3 to 0 (Council Members Nunley and Jones absent) to receive the BPU-adopted Utility Enterprise Fund Budgets. b. Public Hearing to pass-to-print Ordinance 2020-06 to repeal and replace Section 9.48.120 of the Tulare Municipal Code pertaining to Commercial Vehicle Parking Restrictions. [Submitted by M. Miller] City Engineer Michael Miller provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:23 p.m. Receiving no public comment, the public hearing was closed at 8:24 p.m. A call from Sandra Ormonde came in following the closure of the public hearing with questions regarding this matter. Questions posed by Council were responded to by staff. Following discussion, it was moved by Council Member Jones, seconded by Council Member Sayre, and carried 4 to 0 (Council Members Nunley) to pass-to-print Ordinance 2020-06. c. Public Hearing to adopt Resolution 2020-35 confirming the report of the Tulare Downtown Association Board of Directors and to levy the annual Downtown Parking and Business Improvement District assessments for the 2020/21 fiscal year. [Submitted by: D. Thompson] Finance Director  8193 Darlene Thompson provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:15 p.m. Janet LeBaron of Tulare expressed support for this item. Receiving no other public comment, the public hearing was closed at 8:17 p.m. With no discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 4 to 0 (Council Members Nunley absent) to adopt Resolution 2020-35. (2) Transit: a. Approve a Joint Powers Agreement for the creation of a Tulare County Regional Transit Agency and authorize the Mayor to sign and execute same, subject to minor conforming changes as necessary. [Submitted by: J. McDonnell] Deputy City Manager Josh McDonnell provided a report for the Council’s review and consideration. TCAG Executive Director Ted Smalley provided additional information and responses to questions posed by Council. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Sayre, and carried 3 to 1 (Council Member Nunley absent; Council Member Jones voting no) to approve the item as presented. (3) Engineering: a. Consider a request by Del Lago Place, LLC to grant a 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] City Attorney Mario Zamora left the room for this item. Special Counsel Mandy Jeffcoach provided a report for the Council’s review and consideration. Jeff Warren, counsel for the Developer, responded to questions posed by Council. Public comment by Meena Reddy expressing frustration was provided by telephone. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 3 to 1 (Council Member Nunley absent; Mayor Sigala voting no) to grant a time extension to October 30, 2020. Ms. Jeffcoach advised a Closed Session item should be scheduled the first meeting of October with a Regular Session item scheduled at the second meeting of October. (4) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] City Manager Rob Hunt provided an update to the Council. XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) It was the consensus of the Council to agendize an item to discuss the parking ordinance.  8194 Patty Colson of Tulare came forth at this time to express appreciation for the Tulare Police Department and the placement of “No Parking” signs near Sunrise Estates following concerns expressed by residents in that area. XVI. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 10:15 p.m. in the memory of Chief Deputy Clerk Roxanne Yoder’s mother, Mary Jo Hopkins, who passed away on Wednesday, June 10, 2020. 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