City Council Meeting

8245 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE December 15, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, December 15, 2020, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Jose Sigala, Stephen C. Harrell, Patrick Isherwood STAFF PRESENT: Rob Hunt, Josh McDonnell, Janice Avila, Megan Dodd, Leonard Herr, Mandy Jeffcoach, Jason Bowling, Jose Rivas, Roxanne Yoder I. CALL TO ORDER CLOSED SESSION Mayor Mederos called the closed session to order at 6:02 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 Mederos adjourned to closed session for items as noted at 6:05 p.m. (a) 54956.9(a) Conference with Legal Counsel – Existing Litigation (1) Name: City of Tulare v. Phillips, et. al. - TCSC No. 276579 [Submitted by: Special Counsel Leonard Herr] (b) 54956.9(d)(2)&(e)(2) Conference with Legal Counsel – Anticipated Litigation One (1) item of anticipated litigation (This involves the Agreement and Undertaking between the City and Del Lago Place LLC and the status of discussions with the surety following the bond claim.) [Submitted by: Special Counsel Mandy Jeffcoach] (c) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (2) Name of Case: Central Valley Resource Recovery, LLC v. City of Tulare – TCSC No. VCU282595 [Submitted by: City Attorney Mario Zamora/Asst. City Attorney Megan Dodd] Name of Case: City of Tulare v. Harley D. Greenwood – TCSC No. VCU284279 [Submitted by: City Attorney Mario Zamora/Asst. City Attorney Megan Dodd]  8246 IV. RECONVENE CLOSED SESSION Mayor Mederos reconvened from closed session at 7:01 p.m. V. CLOSED SESSION REPORT (if any) Mayor Mederos advised there were no reportable actions. VI. ADJOURN CLOSED SESSION Mayor Mederos adjourned closed session at 7:01 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, December 15, 2020, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Jose Sigala, Stephen Harrel, Patrick Isherwood STAFF PRESENT: Rob Hunt, Megan Dodd, Michael Miller (via Zoom), Trisha Whitfield, Luis Nevarez, Traci Myers (via Zoom) Janice Avila, Wes Hensley, Traci Myers (via Zoom), Steven Sopp, Nick Bartsch, Jose Rivas, Jason Bowling, Roxanne Yoder VII. CALL TO ORDER REGULAR SESSION Mayor Mederos called the regular session to order at 7:02 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Mederos led the Pledge of Allegiance and Vice Mayor Sayre lead the invocation. IX. CITIZEN COMMENTS Mayor Mederos 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. John Harman, Tulare Downtown Association Director, addressed the Council regarding business owners of 99 Pho regarding a request to remove public benches outside of their business. City Manager Rob Hunt will look into the request. Donnette Silva-Carter, Chamber CEO, updated the Council on Covid-19 related matters and funding opportunities for local businesses.  8247 X. COMMUNICATIONS There were no items scheduled for this section of the agenda. XI. CONSENT CALENDAR: It was moved by Council Member Sigala, seconded by Council Member Isherwood, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 3, 5, 9 & 10. (1) Authorization to read ordinances by title only. (2) Approve minutes of December 1 and December 8, 2020 regular meeting(s). [Submitted by: R. Yoder] (3) Approve the Parcel Map filed by Holmes Properties, LLC for the division of land located at the northeast corner of Cross Avenue and Maricopa Street for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] City Manager Rob Hunt pulled the item to request incorporation of approving the matter conditionally, subject to City Engineer’s review. It was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to incorporate the requested language. It was further moved by Vice Mayor Sayre, seconded by Council Member Isherwood, to approve the item as amended. (4) Conditionally approve the final map and subdivision improvement agreement for Phase 1 of the Farrar Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to February 15, 2021. [Submitted by: M. Miller] (5) Approve the amended project scope for the design and construction of a new traffic signal and intersection improvements at Prosperity Avenue and West Street; Authorize the City Manager to sign a contract amendment with QK of Visalia, CA in an amount not to exceed $18,382 for the design of Tulare Irrigation District mainline improvements necessary to resolve conflicts with the proposed street improvements, and reimbursement for the cost to obtain surrounding property Title Reports; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [Submitted by: N. Bartsch] Council Member Sigala pulled the item to receive a report. Senior Project Manager Nick Bartsch updated the Council accordingly. Following the report, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented. (6) Approve a list of pre-qualified consultants for On-Call Real Property, Right of Way, Appraisal, and Acquisition Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney  8248 and City Manager, with Paragon Partners Ltd. of Fresno, CA; Universal Field Services, Inc. of Fresno, CA; and Monument of Sacramento, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions. [Submitted by: N. Bartsch] (7) Approve a list of pre-qualified consultants for On-Call Traffic Engineering Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Peters Engineering Group of Clovis, CA, Kimley-Horn of Fresno, CA, and T J K M of Pleasanton, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions. [Submitted by: N. Bartsch] (8) Approve a list of pre-qualified consultants for On-Call Engineering and Land Surveying Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Peters Engineering Group of Clovis, CA; 4 Creeks of Visalia, CA; Lane Engineers of Tulare, CA; Provost & Pritchard of Visalia, CA; A&M Consulting Engineers of Visalia, CA; and Precision Civil Engineering, Inc. of Fresno, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions. [Submitted by: N. Bartsch] (9) Acknowledge receipt of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for the fiscal year ended June 30, 2019. [Submitted by: D. Thompson] Mayor Mederos pulled the item to highlight Finance Director Darlene Thompson’s efforts on behalf of the city. Ms. Thompson provided comment. It was moved by Mayor Mederos, seconded by Council Member Sigala, and unanimously carried to accept the item as presented. (10) Approve an agreement with Gilberto Alvarez Solis and Norma Carranza to construct and finance utility connection and/or side walk, curb, gutter, and driveway construction and place costs on property tax rolls in installments. [Submitted by: D. Thompson] Council Member Sigala pulled the item to request a future item on possibly amending the Ordinance to include additional programs and requirements. Comments by Finance Director Darlene Thompson and City Manager Rob Hunt related to his request. Mr. Hunt noted that topic could be added to the upcoming goal setting meeting for exploration. With no further discussion, it was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented. (11) Authorize the City Manager or his designee to apply for an electric vehicle grant for approximately $40,000 from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and sign all applicable paperwork. [Submitted by: M. Correa]  8249 (12) Adopt Resolution 2020-56 authorizing the surplus of 20 City Vehicles/Equipment. [Submitted by: M. Correa] (13) Reject the following liability claims filed on November 24, 2020: Mario Maciel, SSI to the Estate of Heather Maciel (Deceased); Mario Maciel; Makaela Maciel; Macen Maciel. [Submitted by: J. Avila] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items scheduled for this section of the agenda. XIII. MAYOR’S REPORT Mayor Mederos reported on discussions with the International Agri-Center regarding the future interchange. City Manager Rob Hunt commented thereto. Mayor Mederos presented Council Member Jose Sigala a plaque in recognition of his recent tenure as Mayor. XIV. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY – Mayor Mederos convened jointly at 7:41 p.m. (1) Successor Agency: a. Adopt Resolution 2020-01 a Resolution of the Successor Agency to the Former Redevelopment Agency to the Form Tulare Redevelopment Agency approving and adopting the Recognized Obligation Payment Schedule for the July 1, 2021 through June 30, 2022 time period (ROPS 21-22) and the Fiscal Year 2021-22 Administrative Budget. [Submitted by: D. Thompson] Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to adopt Successor Agency Resolution 2020-01 as presented. XV. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL – Mayor Mederos adjourned the joint meeting, but remained seated as the Tulare City Council at 7:48 p.m. /////  8250 XVI. 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 consider the adoption of Resolution 2020-57 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 2020-58 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 2020-10 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] Mayor Mederos declared a business conflict and left the room. Vice Mayor Sayre presided over the item. Senior Planner Steven Sopp provided a PowerPoint presentation and report for the Council’s review and consideration. Vice Mayor Sayre opened the public hearing at 7:54 p.m. Jim Robinson of San Joaquin Valley Homes addressed the Council in support of the project. Vice Mayor Sayre closed the public hearing at 8:15 p.m. Following discussion, the following items were approved by Council as noted: It was moved by Council Member Sigala, seconded by Council Member Isherwood, and carried 4 to 0 (Mayor Mederos recused) to adopt Resolution 2020-57, as presented; It was moved by Council Member Sigala, seconded by Council Member Isherwood, and carried 4 to 0 (Mayor Mederos recused) to adopt Resolution 2020-58, as presented; It was moved by Council Member Sigala, seconded by Council Member Harrell, and carried 4 to 0 (Mayor Mederos recused) to pass-to-print Ordinance 2020-10, as presented. b. Public Hearing for Council consideration and request for approval to enter into negotiations with Self Help Enterprises to loan $1 Million in Low and Moderate Asset Funds for Multifamily Rental Affordable Housing Development. [Submitted by: T. Myers] Council Member Isherwood declared a business conflict and left the room. Community & Economic Development Director Traci Myers introduced Suzy Kim of RSG who provided a PowerPoint presentation for the Council’s review and consideration. Mayor Mederos opened the public hearing at 8:39 p.m. Dave  8251 Clevenger of the Lighthouse Rescue Mission addressed the Council in support of their project request. Betsy McGovern-Garcia, Self-Help Director of Real Estate Development, addressed the Council in support of their project request. Mayor Mederos closed the public hearing at 8:57 p.m. Following discussion, it was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and carried 3 to 1 (Council Member Sigala voting no; Council Member Isherwood recused) to continue this matter to Tuesday, January 12, 2020, at 6 p.m., or immediately following the 5 p.m. study session of that same date. c. Public Hearing to adopt Resolution 2020-59 approving the 2019-2020 Consolidated Annual Performance and Evaluation Report (CAPER) providing information on the progress and status of projects administered by the City using CDBG funds and authorize the City Manager or his designee to submit the CAPER to the Department of Housing and Urban Development (HUD) on behalf of the City of Tulare. [Submitted by: T. Myers] Community and Economic Development Director Traci Myers provided a PowerPoint presentation for the Council’s review and consideration. Mayor Mederos opened the public hearing at 9:54 p.m. With no public comment, Mayor Mederos closed the public hearing at 9:54 p.m. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to adopt Resolution 2020-59 as presented. (2) City Manager: a. Review, discussion, and possible updates to the City Council Representation on “outside” agency Boards and Committees List. [Submitted by: R. Hunt] City Manager Rob Hunt introduced the item for Council’s consideration. Following discussion it was the consensus of the Council to approve the nominations to the appointment list as noted below: /////  8252 CITY COUNCIL REPRESENTATION ON BOARDS/COMMITTEES 2020/21 Board/Committee Representative Agri-Center Board Liaison (subject to Mederos confirmation of Agri-Center Board) Council of Cities Isherwood Tulare County Assoication of Governments Sayre (primary 12/18/2018) (Meets 3rd Monday; 1 p.m.) Sigala (alternate 12/15/2020) *Tulare County Local Agency Formation Harrell (alternate board member as selected by the Commission (City Selection Committee City Selection Committee on 1/23/17 terms expires recommends; appointed by Board of May 2021 per TCAG) Supervisors) Meets 1st Wednesday, 2 p.m. - County Admin. Bldg, Tulare Downtown Association Harrell (eff. 12/15/2020) Meets 1st Wednesday, 7 a.m. – Chamber Office City Employee Health Insurance Committee Harrell rd Meets quarterly, 3 Thursday, 10 a.m., City Hall City Investment Committee Isherwood Meets quarterly, 11 a.m., City Hall Teens on Board Liaison Isherwood Tulare Irrigation District Joint Committee Mederos (Council) Stroman (BPU) N/A (Nominated by City Council, appointment by South San Joaquin Valley Air Board selection committee, when a vacancy exists.) (Selection process made by Air Board selection Sigala committee.) **Groundwater Sustainability Agency Board **Mederos & Stroman **Note: City Council & Board of Public Utilities Members are eligible to serve on the GSA Board. Dennis Mederos and Howard Stroman are the Board Members; Jose Sigala and xxxxx are the Alternate Board Members for Tulare. Tulare County Homeless Task Force Sayre (primary); Harrell (alternate) Tulare County EDC (meets 4th Wednesday each Sayre (primary) Harrell (alternate) month 7:30 a.m. to 8:30 a.m. Tulare County Regional Transit Agency Sigala (primary); Sayre (alternate)  8253 b. Request for the selection of two council members to participate on the City’s Internal Budget Team. [Submitted by: R. Hunt] City Manager Rob Hunt provided a report for the Council’s review and consideration. Following discussion, it was the consensus of the Council to select Council Member Sigala and Council Member Isherwood to serve on the team. c. City Council consideration to temporarily extend the terms of members, whose terms are set to expire December 31, 2020 on the following boards, commissions or committees: Police Department Citizen Complaint Review Board, Committee on Aging, Housing and Building Appeals Board, Measure I Oversight Committee. [Submitted by: R. Hunt] City Manager Rob Hunt provided a report for the Council’s review and consideration. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Isherwood, and unanimously carried to extend the terms to June 30, 2020. d. Review, discussion and direction to staff regarding the future direction of the Strategic Action (Ad Hoc) Committee on Homelessness. [Requested by: Council] Council Member Sigala discussed the matter for Council’s edification and consideration of the future direction of this Ad Hoc Committee. Following discussion, the Ad Hoc Committee will be in hiatus until such time that the Council can review the purpose of same at their upcoming goal setting sessions. e. Review, discussion and direction to staff regarding scheduling a goalsetting/team building session for the City Council. [Submitted by: R. Hunt] City Manager Rob Hunt provided a report for the Council’s review and consideration. Following discussion, it was the consensus of the Council to move forward as presented and to hold the sessions on Tuesday, January 26 and Wednesday, January 27, 2021. f. 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. XVII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Sigala requested and received consensus to add an item for one of the February meetings to consider the termination of the Line of Credit for the Hospital. He further requested an item for the consideration of a letter to the State and County Health Department Officials requesting vaccine priority for farm and dairy workers. The consensus of the Council was to direct City Manager Rob Hunt to work with the City’s lobbyist Richard Harmon of Townsend Public Affairs to draft and submit that letter on behalf of the City. /////  8254 XVIII. ADJOURN REGULAR MEETING Mayor Mederos adjourned the regular meeting at 11:16 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