City Council Meeting
Regular MeetingTulare, CA · October 20, 2020
Minutes
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ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
October 6, 2020
A closed session of the City Council, City of Tulare was held on Tuesday, October
6, 2020, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North
“M” Street.
COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Greg Nunley
COUNCIL PRESENT VIA ZOOM/TELECONFERENCE: Terry Sayre, Greg Nunley(c/s a)
COUNCIL ABSENT: Greg Nunley(c/s b); Carlton Jones
STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Mandy Jeffcoach
(Special Counsel), Wes Hensley, Janice Avila, Darlene Thompson, Michael Miller, Clay
Roberts, Roxanne Yoder
I. CALL TO ORDER CLOSED SESSION
Mayor Sigala called the closed session to order at 6:00 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 Assistant City
Attorney Mario Zamora at 6:02 p.m.
(a) 54957.6b Conference with Labor Negotiators
Represented/Unrepresented Employee(s): Fire Unions
Negotiators: Rob Hunt, Janice Avila, Darlene Thompson, Mario Zamora
[Submitted by: J. Avila; M. Zamora]
(b) 54956.9(d)(2) & (e)(2) Conference with Legal Counsel – Anticipated Litigation
One (1) item of anticipated litigation [Submitted by: M. Jeffcoach]
[This involves the Agreement and Undertaking between the City and Del Lago Place LLC, the
status of the improvement and a potential claim on bond.]
IV. RECONVENE CLOSED SESSION
Mayor Sigala reconvened from closed session at 7:18 p.m.
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V. CLOSED SESSION REPORT (if any)
City Attorney Mario Zamora advised there was no reportable action.
VI. ADJOURN CLOSED SESSION
Mayor Sigala adjourned closed session at 7:18 p.m.
A regular session of the City Council, City of Tulare was held on Tuesday,
October 6, 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/TELECONFERENCE: Terry Sayre, Carlton Jones,
Greg Nunley(7:29 p.m.)
STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Mario Anaya, Michael
Miller, Trisha Whitfield, Craig Miller, Luis Nevarez, Janice Avila, Wes Hensley, Nick
Bartsch, Raymond Guerrero, Clay Roberts, Roxanne Yoder
VII. CALL TO ORDER REGULAR SESSION
Mayor Sigala called the regular session to order at 7:18 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Sigala led the Pledge of Allegiance and held a moment of silence.
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.
It was moved by Vice Mayor Mederos, seconded by Council Member Jones and
unanimously carried to reopen public comments.
Eric Medina addressed the Council regarding traffic concerns at Bardsley and
Durango.
Donnette Silva-Carter addressed the Council regarding the number of Covid-19 mini
grants and related updates. Ms. Silva-Carter also commented on General Business
item 2a thanking the City and Caltrans for their efforts in resolving issues surrounding
this project.
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Euler Torres of the Roox Agency addressed the Council regarding the award criteria
for the Covid-19 mini grants. Lastly, he called for the removal of the City Board
Member who is the topic of recent legal issues.
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
unanimously carried that the items on the Consent Calendar be approved as
presented with the exception of items 5 and 8.
(1) Authorization to read ordinances by title only.
(2) Approve minutes of September 15, 2020 special/regular meeting.
[Submitted by: R. Yoder]
(3) Approve the Parcel Map filed by Cornelius Vander Eyk for the division of
land located at the southwest corner of Paige Avenue and Blackstone
Street for recordation, and accept all easements and dedications offered to
the City. [Submitted by: M. Miller]
(4) Receive the monthly investment report for August 2020. [Submitted by: D.
Thompson]
(5) Authorize the donation of a surplus fire engine to Municipio de Loreto Baja
California Sur H. Cuerpo de Bomberos, Baja California Sur, México.
[Submitted by: L. Nevarez] City Manager Rob Hunt pulled the item from the
agenda to be continued to an undetermined date.
(6) Reject the liability claim filed by Ted Harvell in an amount in excess of
$25,000 for economic and non-economic damages resulting in a vehicle
accident in an uncontrolled residential intersection. [Submitted by: J.
Avila]
(7) Authorize the City Manager to sign a contract with AMS.net, utilizing the
Merced County FOCUS contract in the amount of $57,970.94 subject to
minor conforming changes acceptable to the City Manager and City
Attorney to provide and install additional security cameras to Tulare Police
Department and City Hall. Authorize the City Manager or designee to
approve contract change orders in an amount not to exceed 10%
($5,797.09). [Submitted by: J. Bowling]
(8) Authorize the expenditure of State Department of Motor Vehicle Funds
(DMV-Fund 37) in the amount of $55,125.00 for the purchase of three (3)
Automated License Plate Readers (ALPR) as well as associated software,
licenses and hardware, including installation of same on existing Tulare
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Police Department patrol vehicles, from Lehr/Vigilant Solutions
(Sacramento, CA). [Submitted by: W. Hensley] Council Member Jones pulled
the item to inquire as to data being shared with immigration. Police Chief Wes
Hensley responded to his inquiry advising that information is not shared.
Following discussion, it was moved by Vice Mayor Mederos, seconded by Mayor
Sigala and carried 4 to 1 (Council Member Jones voting no; Council Member
Nunley absent).
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
There were no items for this section of the agenda.
XIII. MAYOR’S REPORT
Mayor Sigala commented on the recent legal issues surrounding a current City Board
Member. He further commented on the recent census efforts.
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.
(1) Public Hearing:
a. Public Hearing to adopt Resolution 2020-46 ordering improvements for
Assessment District 2020-01 for the Farrar Estates subdivision located
north of Tulare Avenue and west of Morrison Street. [Submitted by: M.
Miller] Council Member Nunley recused himself from discussions to property
ownership in the area. City Engineer Michael Miller provided a report for the
Council’s review and consideration. Mayor Sigala opened the public hearing
at 7:46 p.m., with no public comment he closed the public hearing at 7:52
p.m. Following discussion, it was moved by Vice Mayor Mederos, seconded
by Council Member Jones and carried 4 to 0 (Council Member Nunley
recused) to adopt Resolution 2020-46 as presented.
Reopened public comment: Grady Dodson addressed the Council regarding
safety issues, speed bumps, and traffic signals in this area.
b. Public Hearing to adopt Resolution 2020-47 designating “no commercial
parking” zones on segments of Prosperity Avenue and West Street, and
authorizing the installation of corresponding signage. [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 7:58
p.m., with no public comment, he closed the public hearing at 8:07 p.m.
Following discussion, it was moved by Mayor Sigala, seconded by Council
Member Jones and unanimously carried to adopt Resolution 2020-47 as
presented.
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(2) Engineering:
a. Receive an update and presentation by Caltrans, and consider the
adoption of Resolution 2020-48 approving a Resolution of Change to the
City of Tulare-State of California Freeway Agreement for State Route 99
from 0.5 miles south of Rankin Road to Cartmill Avenue, subject only to
minor conforming and clarifying changes acceptable to the City
Attorney and City Manager. [Submitted by: N. Bartsch] Senior Project
Manager Nick Bartsch provided a brief report and introduction of the item for
Council’s review and consideration. Curt Hatton, Caltrans Project Manager
provided a PowerPoint slide presentation updating the Council on the
proposed project and the collaborative efforts related to its resolve. Following
discussion and receiving no public comments, it was moved by Vice Mayor
Mederos, seconded by Council Member Sayre and unanimously carried to
adopt Resolution 2020-48, as presented.
(3) Finance:
a. Adopt Resolution 2020-49 authorizing the issuance of City of Tulare
Sewer Revenue Refunding Bonds, Series 2020 in an amount not to
exceed $45 million in order to refinance a) the City’s outstanding 2012
Sewer Revenue Refunding Notes (the “Series 2012 Notes”), b) a portion
of the outstanding Sewer Revenue Refunding Bonds, Series 2015 (the
“Series 2015 Bonds”), and c) all or a portion of the outstanding Sewer
Revenue Refunding Bonds, Series 2013 (the “Series 2013 Bonds”) in
order to reduce debt service and achieve savings; and approve the form
of various bond documents, authorizing certain staff members to
execute final versions of documents, direct certain officers of the City to
take actions for the sale and delivery of the bonds, approve key
members of the financing team, and authorize the sale of the bonds
subject to certain provisions. [Submitted by: D. Thompson] Finance
Director Darlene Thompson provided a report for the Council’s review and
consideration. Following comments and receiving no public comments, it was
moved by Vice Mayor Mederos, seconded by Mayor Sigala and carried 4 to 0
(Council Member Nunley absent) to adopt Resolution 2020-49 as presented.
(4) Police:
a. Receive a presentation regarding the current process and procedures
for Code Enforcement complaints, in particular as they relate to vehicle
parking in residential zoning districts in the City and receive direction, if
any, related thereto. [Submitted by: R. Guerrero] Police Chief Wes
Hensley introduced Sergeant Ray Guerrero and Code Enforcement Officer
James Ussery who provided a PowerPoint presentation for the Council’s
review and consideration. Questions and comments posed by Council were
addressed by staff. Informational item only.
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(5) 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 for the Council’s review and consideration. Comments by Council.
XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3)
Mayor Sigala requested that an item be agendized for the consideration of a letter to
legislators and Cal Trans District 6 officials regarding the safety issues resulting from
the homeless encampments along the 99, specifically, near The Habit. It was the
consensus of the Council the item is to be agendized.
Mayor Sigala also requested an item be agendized with regard to the removal of a
Board of Public Utilities Member. Comments related thereto were made by Vice
Mayor Mederos and Council Member Jones. By consensus of the Council the item is
to be agendized.
Council Member Jones requested IT staff to look into a better phone system for the
Council meetings. City Manager Rob Hunt advised he would discuss with IT staff.
XVI. ADJOURN REGULAR MEETING
Mayor Sigala adjourned the regular meeting at 9:43 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- REVISED
TULARE CITY COUNCIL
TUESDAY, OCTOBER 20, 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
October 20, 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 October 6, 2020 special/regular meeting. [Submitted by: R.
Yoder]
(3) Award and authorize the City Manager to sign a contract with Don Berry
Construction, Inc. of Selma, CA in an amount not to exceed $482,618.00 related
to City Project EN0071 – Prosperity & Blackstone Improvements; Authorize the
City Manager or designee to approve contract change orders in an amount not to
exceed 10% of the contract amount. [Submitted by: N. Bartsch]
AGENDA
TULARE CITY COUNCIL
October 20, 2020
Page 3
(4) Authorize the City Manager to complete and execute the documents necessary
to accept the dedication of property located as a portion of (APN: 177-210-017),
(APN: 177-210-018), & (APN: 177-210-056) for the use of public right-of-way for
Project EN0085 – Tract 65 & 372 Improvements project, subject only to minor
conforming and clarifying changes acceptable to the City Attorney and City
Manager. [Submitted by: N. Bartsch]
(5) Authorize the transfer $75,000 from the Fire Department’s Vehicle Reserve (604-
273-003) to the Vehicle Replacement Fund 2021 Budget and authorize staff to
circulate a Request for Bid for a full size 4-wheel drive pick-up truck for the
Tulare Fire Department; (As of September 30, 2020 Fire's vehicle reserve
balance is $143,778). [Submitted by: M. Correa]
(6) Accept as complete the contract with MAC General Engineering of Porterville,
CA for work on Project EN0061, an ADA concrete curb ramp improvement
project at the intersection of Cypress Avenue and Laspina Street. Authorize the
City Engineer to sign the Notice of Completion, and direct the City Clerk to file
the Notice of Completion with the Tulare County Recorder’s Office. [Submitted
by: N. Bartsch]
VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
VII. MAYOR’S REPORT
VIII. STUDENT REPORTS
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) Engineering:
a. In connection with the June 16, 2020 approved request by Del Lago Place LLC
for a time extension for completion of public improvements for the Tesori
subdivision, receive a staff report regarding the completion status of public
improvements for the Tesori subdivision and provide staff direction regarding the
expiration of time extensions granted to the Developer to complete same.
[Submitted by: M. Miller; J. McDonnell & M. Jeffcoach]
AGENDA
TULARE CITY COUNCIL
October 20, 2020
Page 4
(2) City Manager:
a. Update, discussion and receive direction, if necessary, regarding COVID-19,
etc. [Submitted by: R. Hunt]
X. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3)
XI. 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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