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City Council Meeting

Regular Meeting

Tulare, CA · November 17, 2020

AgendaMinutes

Minutes

8235 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE November 17, 2020 A regular session of the City Council, City of Tulare was held on Tuesday, November 17, 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 COUNCIL ABSENT: Carlton Jones, Greg Nunley STAFF PRESENT: Rob Hunt, Mario Zamora, Mario Anaya, Michael Miller, Trisha Whitfield, Craig Miller, Brian Beck, Luis Nevarez, Janice Avila, Wes Hensley, Nick Bartsch, Jose Rivas, Jason Bowling, Roxanne Yoder 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 Mayor Sigala led the Pledge of Allegiance and Chamber CEO Donnette Silva-Carter 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. Donnette Silva-Carter addressed the Council updating them on efforts to support small businesses and local campaigns toward same. IV. COMMUNICATIONS (1) Update on the draft letter to the Governor, Legislators and Caltrans District 6 Director regarding homeless encampments on the embankments of the 99 freeway as directed from the October 6, 2020, Council Meeting and receive direction to proceed. [Submitted by: R. Hunt] City Manager Rob Hunt provided an overview of the draft letter. Following discussion, the Council directed staff to proceed with the letter subject to a change in the last paragraph requesting the State act immediately in the removal of these encampments due to safety concerns. 8236 City Manager Rob Hunt advised that there was one more communication to be presented by Human Resources Director Janice Avila advising of increases in employee health insurance costs. V. CONSENT CALENDAR: It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 3 to 0 (Council Member Jones and Nunley absent) that the items on the Consent Calendar be approved as presented with the exception of item(s) 9, 10 & 13. (1) Authorization to read ordinances by title only. (2) Approve minutes of October 20, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Confirm Council Member Sayre’s selection of Todd Mackey to serve as her respective appointment to the Strategic Action Ad Hoc Committee on Homelessness. [Requested by: T. Sayre] (4) Declare the Board of Public Utilities seat of Chris Harrell, term ending 12/31/2023, vacant and direct staff to post the vacancy notice and solicit applications. [Submitted by: R. Yoder] (5) Adopt Resolution 2020-50, an Addendum to the Mitigated Negative Declaration (MND) previously approved and certified by the Council of the City of Tulare for the Pratt Water System Improvement Project as part of Resolution 18-25 on June 5, 2018. [Submitted by: M. Anaya] (6) 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 First Pentecostal Church, DBA: Abundant Life Center to maintain an existing parking lot light located on City property at 2395 E. Bardsley Avenue. [Submitted by: M. Miller] (7) Accept the required public works improvements for Phase 2 of the Kensington Estates subdivision located north of Cartmill Avenue along the east side of De La Vina 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] (8) Accept all required public works improvements for the Pilot Flying J truck stop/travel center located at the southwest corner of Paige Avenue and Blackstone 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] 8237 (9) Adopt Resolution 2020-52 rejecting an irrevocable offer of dedication for a future public trail along the TID Canal, north of 1766 Foster Drive until future acceptance by separate resolution of the City Council. [Submitted by: M. Miller] Consent item 9 was pulled at the request of staff to be continued to December 1, 2020, subject to review by the City Attorney. (10) Approve Parcel Map 2018-01 filed by Central Pacific Development Group for the division of land located at the northwest corner of Bardsley Avenue and West Street for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] Vice Mayor Mederos pulled the item to recuse due to a business relationship, and remained on the dais. Mayor Sigala also pulled the item for discussion, clarification and request to continue to give him an opportunity to talk with the developers. Council Member Sayre would also like an opportunity to speak with the developers. City Engineer Michael Miller and City Manager Rob Hunt addressed his comments. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Sayre and carried 2 to 0 (Vice Mayor Mederos recused; Council Members Jones and Nunley absent). (11) Receive the monthly investment report for September 2020. [Submitted by: D. Thompson] (12) Adopt Resolution 2020-51 to accept the Title VI Program for the City of Tulare transit service. [Submitted by: D. Thompson] (13) Adopt Resolution 2020-53 authorizing the City Manager to accept a Grant G19-03-04-G01 offer from the State of California Off Highway Motor Vehicle Recreation Division (OHMV) to the Tulare Cycle Park operating expenses not to exceed $385,964.00 for the year 2020 and to sign all applicable paperwork related to application of the grant. [Submitted by: M. Correa] Mayor Sigala pulled the item for discussion and clarification, staff responded thereto. Mayor Sigala encouraged staff to review and update the agreement next year, if possible. Vice Mayor Mederos requested a presentation from staff and the vendor on their activities for a future meeting. Following discussion, it was moved by Mayor Sigala, seconded by Vice Mayor Mederos and carried 3 to 0 (Council Members Jones and Nunley absent) to approve the item as presented. (14) Grant permission to implement the Tulare Public Library Annual Holiday Fine Forgiveness amnesty program. [Submitted by: C. Miller] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] City Manager Rob Hunt and Community Services Director Craig Miller introduced Brian Beck as this quarter’s Employee Spotlight on Excellence and Mayor Sigala presented Mr. Beck with a certificate of recognition related thereto. 8238 (2) Proclamation regarding Small Business Saturday. Mayor Sigala presented a Proclamation to Chamber CEO Donnette Silva-Carter in recognition of Small Business Saturday. VII. MAYOR’S REPORT Mayor Sigala commented regarding the recent election and thanked the voters in District 1. 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, 2020. [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 7:46 p.m. With no public comment, the public hearing was closed at 7:50 p.m. Questions and comments posed by Mayor Sigala were addressed by staff. Following discussion, it was moved by Vice Mayor Mederos, seconded by Mayor Sigala and carried 3 to 0 (Council Members Jones and Nunley absent) to accept the City’s annual Development Impact Fee Fund Report. [At the request of the applicant, the following item has been requested to be continued to December 15, 2020 (vote required, to preserve notice): b. Public Hearing to consider the adoption of Resolution 2020-xx adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2020-16 (Kensington 3 & 4), General Plan Amendment No. 2020-03, Zone Amendment No. 742 and Conditional Use Permit No. 2020-13; and adoption of Resolution 2020-xx approving General Plan Amendment No. 2020-03 changing the General Plan land use designation on approximately 24-acres to Low Density Residential; and pass-to-print Ordinance 2020-xx approving Zone Amendment No. 742, to change the existing zoning designation on approximately 24-acres to the R-1-4 (Small-lot Residential) zoning designation on property located at the northwest corner of Mooney Blvd. and Cartmill Avenue. [Submitted by: T. Myers] Principal Planner Mario Anaya advised that the applicant requested continuance to December 15, 2020 and to preserve notice, the Council must vote to continue. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Mayor Sigala and carried 3 to 0 (Council Members Jones and Nunley absent) to continue the item as requested to December 15. 8239 (2) City Manager: a. Consider the cancellation of Tulare City Council meeting scheduled for Tuesday, January 5, 2021, due to City holiday closures. [Submitted by: R. Hunt] City Manager Rob Hunt provided a report for the Council’s review and consideration. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 3 to 0 (Council Members Jones and Nunley absent) to approve the item as presented. 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. IX. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Mayor Sigala requested and consensus was received for an item on the December 15 agenda to discuss and set a Goal Setting and Team Building Session in January. Council Member Sayre expressed concern with the recent fireworks in her district. Fire Chief Nevarez responded thereto. Ms. Sayre also commented on the city/schools safety meetings and asked to be advised when they resume. Lastly, she requested staff to look into and bring an item back regarding the Brave Project (the display of flags honoring our local service members). Council consensus was to bring back in January or February of 2021. X. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 8:20 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, NOVEMBER 17, 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 November 17, 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. (1) Update on the draft letter to the Governor, Legislators and Caltrans District 6 Director regarding homeless encampments on the embankments of the 99 freeway as directed from the October 6, 2020, Council Meeting and receive direction to proceed. [Submitted by: R. Hunt] 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 20, 2020 special/regular meeting. [Submitted by: R. Yoder] AGENDA TULARE CITY COUNCIL November 17, 2020 Page 3 (3) Confirm Council Member Sayre’s selection of Todd Mackey to serve as her respective appointment to the Strategic Action Ad Hoc Committee on Homelessness. [Requested by: T. Sayre] (4) Declare the Board of Public Utilities seat of Chris Harrell, term ending 12/31/2023, vacant and direct staff to post the vacancy notice and solicit applications. [Submitted by: R. Yoder] (5) Adopt Resolution 2020-50, an Addendum to the Mitigated Negative Declaration (MND) previously approved and certified by the Council of the City of Tulare for the Pratt Water System Improvement Project as part of Resolution 18-25 on June 5, 2018. [Submitted by: M. Anaya] (6) 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 First Pentecostal Church, DBA: Abundant Life Center to maintain an existing parking lot light located on City property at 2395 E. Bardsley Avenue. [Submitted by: M. Miller] (7) Accept the required public works improvements for Phase 2 of the Kensington Estates subdivision located north of Cartmill Avenue along the east side of De La Vina 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] (8) Accept all required public works improvements for the Pilot Flying J truck stop/travel center located at the southwest corner of Paige Avenue and Blackstone 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] (9) Adopt Resolution 2020-52 rejecting an irrevocable offer of dedication for a future public trail along the TID Canal, north of 1766 Foster Drive until future acceptance by separate resolution of the City Council. [Submitted by: M. Miller] (10) Approve Parcel Map 2018-01 filed by Central Pacific Development Group for the division of land located at the northwest corner of Bardsley Avenue and West Street for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] (11) Receive the monthly investment report for September 2020. [Submitted by: D. Thompson] (12) Adopt Resolution 2020-51 to accept the Title VI Program for the City of Tulare transit service. [Submitted by: D. Thompson] AGENDA TULARE CITY COUNCIL November 17, 2020 Page 4 (13) Adopt Resolution 2020-53 authorizing the City Manager to accept a Grant G19- 03-04-G01 offer from the State of California Off Highway Motor Vehicle Recreation Division (OHMV) to the Tulare Cycle Park operating expenses not to exceed $385,964.00 for the year 2020 and to sign all applicable paperwork related to application of the grant. [Submitted by: M. Correa] (14) Grant permission to implement the Tulare Public Library Annual Holiday Fine Forgiveness amnesty program. [Submitted by: C. Miller] VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] (2) Proclamation regarding Small Business Saturday. 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 receive and accept the City’s annual Development Impact Fee Fund Report for the fiscal year ended June 30, 2020. [Submitted by: D. Thompson] [At the request of the applicant, the following item has been requested to be continued to December 15, 2020 (vote required, to preserve notice): b. Public Hearing to consider the adoption of Resolution 2020-xx adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2020- 16 (Kensington 3 & 4), General Plan Amendment No. 2020-03, Zone Amendment No. 742 and Conditional Use Permit No. 2020-13; and adoption of Resolution 2020-xx approving General Plan Amendment No. 2020-03 changing the General Plan land use designation on approximately 24-acres to Low Density Residential; and pass-to-print Ordinance 2020-xx approving Zone Amendment No. 742, to change the existing zoning designation on approximately 24-acres to the R-1-4 (Small-lot Residential) zoning designation on property located at the northwest corner of Mooney Blvd. and Cartmill Avenue. [Submitted by: T. Myers] AGENDA TULARE CITY COUNCIL November 17, 2020 Page 5 (2) City Manager: a. Consider the cancellation of Tulare City Council meeting scheduled for Tuesday, January 5, 2021, due to City holiday closures. [Submitted by: R. Hunt] b. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] 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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