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City Council Meeting

Regular Meeting

Tulare, CA · August 4, 2020

AgendaMinutes

Minutes

8207 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE August 4, 2020 A regular session of the City Council, City of Tulare was held on Tuesday, August 4, 2020, 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(left approx. 9:00 p.m.) COUNCIL PRESENT VIA ZOOM: Terry Sayre, Carlton Jones(left approx. 9:39 p.m.) STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Traci Myers, Michael Miller, Trisha Whitfield, Craig Miller, Dave Rossman, Janice Avila, Wes Hensley, Nick Bartsch, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:01 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Sigala led the Pledge of Allegiance and Paul Saldana led the invocation. 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. Raymond Van Beek, Lighthouse Rescue Mission, addressed the Council in support of the proposed homeless project. Farrah Martins addressed the Council regarding the lack of support for special needs children in the City school system. Donnette Silva-Carter, Chamber CEO, update the Council on current activities. Debra McAlpine addressed the Council with concerns with public safety issues at her senior mobile home park. Joanne Neighbors and Delpha Munoz addressed the Council with concerns over pest control and other issues at Silvercrest Senior Retirement Community. Gwen Cochran addressed the Council with public safety concerns in her neighborhood. 8208 IV. COMMUNICATIONS No items for this section of the agenda. V. 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. (1) Authorization to read ordinances by title only. (2) Approve minutes of July 21, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Appoint the City Engineer, Michael Miller, to serve as the City’s representative on the Tulare County Association of Governments’ Regional Transportation Plan / Sustainable Communities Strategy Roundtable, and designate Principal Planner, Mario Anaya, to serve as his alternate. [Submitted by: M. Miller] (4) Accept the required public works improvements for Phase 2 of the Willow Glen subdivision located along the north side of Cartmill Avenue east of Devenshire Street as complete, authorize the City Engineer to sign a Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [Submitted by: M. Miller] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Tulare County Economic Development Corporation Update. [Added by Council approval at the 7/21/2020 meeting.] TCEDC President CEO Paul Saldana provided an update to the Council for their review and consideration. VII. MAYOR’S REPORT 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 Pass-to-Print Ordinance 2020-08 regarding a zoning text Amendment to Chapter 10.40 of the City of Tulare Municipal Code to add storage buildings, mini-storage as a conditional use within the C-3 (Retail Commercial) zoning designation; and adopt Resolution 2020-42 adopting a Negative Declaration prepared for Zone 8209 Amendment No. 741. [Submitted by: T. Myers] Council Member Nunley recused himself from the matter due to a business relationship. Community & Economic Development Director Traci Myers provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:53 p.m. Greg Nunley, Applicant, addressed the Council in support of the Council’s approval of this request. Mayor Sigala closed the public hearing at 8:56 p.m. Questions and comments posed by Council were addressed by Ms. Myers. Following discussion, it was moved by Vice Mayor Mederos, seconded by Mayor Sigala and carried 3 to 1 (Council Member Jones voting no; and Council Member Nunley recused) to deny the request as presented. (2) City Attorney: a. Further review and discussion on possible revisions to the Recreational Cannabis Ordinance (Ordinance 19-12) related to the sale of cannabidiol (CBD), its definition, and uses, and direction to staff related thereto. [Submitted by: M. Zamora] Item 2a was moved up at request of Council Member Nunley. City Attorney Zamora provided a brief update on the item for Council’s review and consideration and sought clarification on the Council’s intent on revision to the Ordinance. It was the consensus of Council to direct staff to return with a revision to the Ordinance that will provide for the sale of CBD (0.3 percent per weight or less of THC) or hemp valid use products, such as creams and lotions and to not allow CBD oil vaping products or edible candy packages, attractive to children, except at those businesses legally licensed by the State for adult use. (3) Community & Economic Development: a. Request by the Tulare Strategic Action Committee on Homelessness for Council consideration and discussion on the development of an emergency shelter within the City of Tulare; and to receive presentations by Dave Renard, President of Sprung Structures and Dave Clevenger, CEO of Lighthouse Rescue Mission on potential options for same. [Submitted by: T. Myers obo C. Miguel, Chair Strategic Action Committee on Homelessness] Item 3a was moved up in order at the request of Mayor Sigala. Richard Renard and Dave Clevenger, CEO of Lighthouse Rescue Mission provided PowerPoint presentations addressed the Council in support of a proposed shelter project. Aaron Gomes addressed the Council in support of the project. Questions and comments posed by Council addressed by Mr. Clevenger. Following discussion, it was moved by Council Member Sayre, seconded by Vice Mayor Mederos and carried 4 to 1 (Council Member Jones voting no) to work with the Lighthouse and allocate the City’s Housing Asset Funds of $500,000 ($250,000 a year for two years) to help fund a portion of the Lighthouse Rescue Mission’s proposed emergency shelter project and to direct staff to apply for the Home Key Cares Funding to facilitate the 8210 Lighthouse Rescue Mission’s permanent supportive housing portion of this proposed project. Mayor Sigala inquired of City Attorney Mario Zamora if the motion was prudent for this item. City Attorney Zamora confirmed that it was. (4) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] Council and staff commented on recent statistics and State recommendations on youth school and club sports cancellations for the fall. Mayor Sigala requested and received consensus to direct City Manager Hunt to advise County Supervisor VanderPoel and CAO Jason Britt that the City of Tulare request that the County to consider a dollar for dollar match of its approximately $840,000 in Covid-19 funding. IX. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) John Harmon, addressed the Council on behalf of the Downtown Association and its members regarding the consideration of placing a homeless shelter on Cross Avenue and that businesses are not in support of that location. Mayor Sigala requested an item for general discussion on the next steps to address homelessness. Council Member Sayre advised that these topics are before the Strategic Action Committee on Homelessness and invited Mayor Sigala to attend the meeting for those discussions. Item was not agendized for a future meeting as a result. X. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 9:39 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

On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California due to the threat of COVID-19. On March 12 and 18, 2020, the Governor issued Executive Order N-25-20 and N-29-20, which temporarily suspends portions of the Brown Act addressing the conduct of public meetings. As such, Tulare City Council Meetings may include teleconference participation by some or all of the City Council Members and City staff. Pursuant to Executive Order N-20-20, teleconference locations utilized by City Council Members shall not be accessible to the public and are not subject to special posting requirements. For those individuals who choose not to shelter in place and attend the Council meeting, in an effort to promote social distancing, seating in the Council Chamber has been reduced to 12 available seats on a first come, first served basis. Meetings will be available for public viewing via YouTube https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos If you are sheltering in place, and wish to provide public comment during the meeting you may do so by calling 559-366-1849, if you receive a busy signal please continue to call until you are able to get through. Note: There will be approximately a 20 second delay in broadcast for viewers. If viewing from YouTube and calling in please mute your speakers. AGENDA TULARE CITY COUNCIL TUESDAY, AUGUST 4, 2020 Regular Session 7:00 p.m. 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. 7:00 p.m. I. CALL TO ORDER REGULAR SESSION II. PLEDGE OF ALLEGIANCE AND INVOCATION AGENDA TULARE CITY COUNCIL August 4, 2020 Page 2 III. 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. 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. IV. 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. V. 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 July 21, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Appoint the City Engineer, Michael Miller, to serve as the City’s representative on the Tulare County Association of Governments’ Regional Transportation Plan / Sustainable Communities Strategy Roundtable, and designate Principal Planner, Mario Anaya, to serve as his alternate. [Submitted by: M. Miller] (4) Accept the required public works improvements for Phase 2 of the Willow Glen subdivision located along the north side of Cartmill Avenue east of Devenshire AGENDA TULARE CITY COUNCIL August 4, 2020 Page 3 Street as complete, authorize the City Engineer to sign a Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [Submitted by: M. Miller] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Tulare County Economic Development Corporation Update. [Added by Council approval at the 7/21/2020 meeting.] VII. MAYOR’S REPORT 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 Pass-to-Print Ordinance 2020-08 regarding a zoning text Amendment to Chapter 10.40 of the City of Tulare Municipal Code to add storage buildings, mini-storage as a conditional use within the C-3 (Retail Commercial) zoning designation; and adopt Resolution 2020-42 adopting a Negative Declaration prepared for Zone Amendment No. 741. [Submitted by: T. Myers] (2) City Attorney: a. Further review and discussion on possible revisions to the Recreational Cannabis Ordinance (Ordinance 19-12) related to the sale of cannabidiol (CBD), its definition, and uses, and direction to staff related thereto. [Submitted by: M. Zamora] (3) Community & Economic Development: a. Request by the Tulare Strategic Action Committee on Homelessness for Council consideration and discussion on the development of an emergency shelter within the City of Tulare; and to receive presentations by Dave Renard, President of Sprung Structures and Dave Clevenger, CEO of Lighthouse Rescue Mission on potential options for same. [Submitted by: T. Myers obo C. Miguel, Chair Strategic Action Committee on Homelessness] (4) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] AGENDA TULARE CITY COUNCIL August 4, 2020 Page 4 IX. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) X. 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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