City Council Meeting - Budget Session @ 5 p.m.; Public Hearing re Redistricting @ 6 p.m.; Regular Meeting @ 7 p.m.

8299 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE May 4, 2021 A budget session of the City Council, City of Tulare was held on Tuesday, May 4, 2021, at 5:00 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, Mario Zamora, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Wes Hensley, Rodnie Roberts, Janice Avila, Traci Myers, Nick Bartsch, Ken Wales, Jason Bowling, Roxanne Yoder 5:00 p.m. I. CALL TO ORDER BUDGET SESSION Mayor Mederos called the budget session to order at 5:05 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. BUDGET SESSION a. Overview of cash/reserve balances as of March 31, 2021. [Submitted by: R. Hunt] City Manager Rob Hunt introduced the item and Deputy City Manager Josh McDonnell and Finance Director Darlene Thompson who provided a PowerPoint presentation for the Council’s review and consideration. Questions and comments addressed by Ms. Thompson. Mayor Mederos adjourned the Budget Session at 6:00 p.m. then reopened the Budget Session at 6:27 p.m. following the Redistricting Public Hearing for further discussion. Council Member Isherwood requested the following items be considered: 1. Show membership/subsidy contribution for the Museum, Economic Development Corporation, etc. Council Member Sigala requested the following items be considered: 1. Establish a Council Community Improvement Fund $2,500 per District 2. Council Budget Acct. 2017 increase to continue meetings via Zoom/YouTube  8300 3. Economic Development Fund 2064 – Double contribution to Chamber to $25K (Pg. 8) 4. Update Economic Development Fund (Pg. 8) 5. Non-Departmental – Establish a line item for City Arts Fund, unfunded at this time (Pg. 16) 6. Homeless cleanup – change to Community Cleanup and increase to $100K (Pg. 16) 7. Parks 2134/2135 Increase Baseball and Softball Associations to $15K each (Pg. 36) 8. Library (2027) increase Books and Mags from $90K to $100K (Pg. 40) 9. Fully subsidize the Parks & Recreation BEST Program 10. Code Enforcement – any cost savings moving to Planning Department from Police Department IV. ADJOURN BUDGET SESSION Mayor Mederos adjourned the budget session at 6:37 p.m. A Redistricting Public Hearing of the City Council, City of Tulare was held on Tuesday, May 4, 2021, 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, Mario Zamora, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Wes Hensley, Rodnie Roberts, Janice Avila, Traci Myers, Nick Bartsch, Ken Wales, Jason Bowling, Roxanne Yoder 5:00 p.m. V. CALL TO ORDER REDISTRICTING PUBLIC HEARING Mayor Mederos called the Redistricting Public Hearing to order at 6:00 p.m. VI. 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. VII. REDISTRICTING PUBLIC HEARING (1 of 4) a. Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries. [Submitted by: R. Hunt, R. Yoder & NDC] City Manager Rob Hunt introduced the item and Dr. Jeff Tilton and Dr. Doug Johnson of National Demographics Corporation who provided a PowerPoint presentation highlighting the process of redrawing City Council election districts.  8301 Questions and comments posed by Council were addressed by Mr. Tilton. There were no public comments. VIII. ADJOURN REDISTRICTING PUBLIC HEARING Mayor Mederos adjourned the Redistricting Public Hearing at 6:26 p.m., and reopened the adjourned Budget Session for further review and discussion. A regular session of the City Council, City of Tulare was held on Tuesday, May 4, 2021, 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 C. Harrel, Patrick Isherwood STAFF PRESENT: Rob Hunt, Mario Zamora, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Wes Hensley, Rodnie Roberts, Traci Myers, Janice Avila, Ken Wales, Jason Bowling, Nick Bartsch, Jim Funk, Roxanne Yoder IX. CALL TO ORDER REGULAR SESSION Mayor Mederos called the regular session to order at 7:00 p.m. X. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Mederos led the Pledge of Allegiance and Vice Mayor Sayre led the invocation. XI. 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. Donnette Silva-Carter addressed the Council updating them on recent Chamber efforts. Gary Grijalva addressed the Council regarding issues at the area of O Street and Inyo; specifically, noise and speed, milk spillage from Land O’ Lake trucks and requested a 4-way stop and crosswalks. XII. COMMUNICATIONS There were not items for this section of the agenda.  8302 XIII. CONSENT CALENDAR It was moved by Council Member Harrell, seconded by Council Member Isherwood, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item 4. (1) Authorization to read ordinances by title only. (2) Approve minutes of April 20, 2021 special/regular meeting(s) [Submitted by: R. Yoder] (3) Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN: 169-271-001 in the amount of $1,000.00 for the use of public right-of-way for Project EN0084 – Pleasant Avenue Improvements Project, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: J. Funk] (4) Award and authorize the City Manager to sign contracts related to City Project EN0084, Pleasant Avenue Improvement Project including the Additive Alternate Bid Item; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount, and approve the revised budget. [Submitted by: J. Funk] 1. Contractor Dawson-Mauldin, LLC of Selma, CA $5,256,442.08 2. Construction Provost & Pritchard Consulting $ 52,000.00 Surveying Group of Visalia, CA 3. Materials Testing BKS, Associates of Clovis, CA $ 122,439.00 4. Construction 4 Creeks of Visalia, CA $ 274,860.00 Inspection Item 4 was pulled by staff to provide a presentation. Project Manager Jim Funk provided a report for the Council’s review and consideration. Questions and comments posed by Council were addressed by Mr. Funk. With no further discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre and unanimously carried to approve the item as presented. (5) Receive the monthly investment report for March 2021. [Submitted by: D. Thompson] (6) Authorize the City Manager to sign a renewal of three-year Enterprise Agreement for Microsoft Licenses “piggybacking” on the County of Riverside’s Microsoft agreement #8084445 at a cost not to exceed $55,000 a year. [Submitted by: J. Bowling] XIV. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda.  8303 XV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST - G.C. 54954.2(3) 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 receive comment regarding City Council’s consideration to adopt Resolution 2021-13 regarding the re-naming of Commercial Avenue between “K” Street and Turner Drive to International Agri-Center Way. [Submitted by: M. Miller] City Engineer Michael Miller provided a brief report for the Council’s review and consideration. Mayor Mederos opened the public hearing at 7:43 p.m. Jason Bender addressed the Council in opposition of the re-naming of Commercial Avenue. With no further public comment, Mayor Mederos closed the public hearing at 7:52 p.m. Questions and comments posed by Council were addressed by City Manager Rob Hunt and City Engineer Michael Miller. Following discussion, it was moved by Mayor Mederos, seconded by Council Member Isherwood and carried 3 to 2 (Council Members Harrell & Sigala voting no) to adopt Resolution 2021-12, as presented. b. Public Hearing to adopt Resolution 2021-14 approving the 2020 Community Development Block Grant (CDBG) Annual Action Plan (APP) Amendment I to confirm the allocation of available CDBG entitlement funds and program income in the amount of $1,115,795 to existing project and activities approved under the 2020 AAP previously adopted on May 5, 2020; and authorize the City Manager or his designee to submit the same to HUD on behalf of the City of Tulare. [Submitted by: T. Myers] Staff requested this item be continued to the meeting of May 18, 2021. (2) Engineering: a. Award and authorize the City Manager to sign contracts related to City Project EN0091 – Elliott Tract Improvements, a street and utility improvement project in the Elliott Tract; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised project budget. 1. Contractor Dawson-Mauldin, LLC of Selma, CA $4,136,815.00 2. Construction Surveying 4 Creeks of Visalia, CA $ 93,500.00 3. Materials Testing Krazan & Associates, Inc. of Clovis, $ 87,355.00 CA 4. Construction Inspection NV5 of Bakersfield, CA $ 285,480.00 Senior Project Manager Nick Bartsch provided a report for the Council’s review and consideration.  8304 Lisa Nicolls, Esq. addressed the Council on behalf of 99 Pipeline in opposition of the award of the contract to Dawson-Maudlin as their bid was non- responsive. Mike Mauldin, President of Dawson-Mauldin, addressed the Council in support of the contract award to Dawson-Mauldin, LLC. Wyatt Meadows, Operating Engineers, Local 3, addressed the Council in support of Dawson-Mauldin. Questions and comments posed by Council were addressed by Mr. Bartsch and City Attorney Mario Zamora. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented. (3) City Attorney: a. Update and continued review and direction regarding Cannabis fee structure on the contribution of gross receipts. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a brief report for the Council’s review and consideration. Questions and comments posed by Council were addressed by Mr. Zamora. Jenny Hartman of Herb n’ Vibes fka Tulare Alternative Relief addressed the Council on this matter. Following discussion, it was moved by Council Member Sigala to instruct the City Attorney to send a Cease and Desist Order to Herb N’ Vibes. This motion failed for a lack of second. (4) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] City Manager Rob Hunt provided a brief update for the Council’s review and consideration. XVII. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(3) During the Budget Session, Council requested and received consensus for a future presentation item on Police/Code Enforcement. Council Member Sigala and Mayor Mederos requested and received consensus to agendize a Proclamation for LGBTQ month for June 1, 2021. Vice Mayor Sayre requested and received consensus for a future item to discuss a safe location for the homeless where the can reside and park their cars. XVIII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):  8305 Mayor Mederos adjourned to closed session at 9:09 p.m. for the item as noted by the City Attorney. (a) 54956.8 Conference with Real Property Negotiations Property: Improvements related to APN 191-250-022 Agency Negotiators: Rob Hunt, Mario Zamora, Michael Miller Negotiating Parties: Sunmet Juice Co., LLC./Ron & Pam Overacker (R/P Investments, Inc.) Under Negotiation: Terms of 2007 Agreement with Ron & Pam Overacker (R/P Investments, Inc.) (b) 54956.8 Conference with Real Property Negotiations Property: APN 191-350-011 and APN 191-070-015 Agency Negotiators: Rob Hunt, Mario Zamora, Michael Miller & Josh McDonnell Negotiating Parties: Caltrans Under Negotiation: Price, terms and conditions regarding purchase and sale agreement (c) 54957.6 Conference with Labor Negotiators Represented/Unrepresented Employee(s): CLOCEA, Police Management, Misc. Management, Department Heads Negotiators: Rob Hunt, Janice Avila, Mario Zamora (d) 54957 Public Employment Title: City Manager XIX. RECONVENE CLOSED SESSION Mayor Mederos reconvened from closed session at 10:15 p.m. XX. CLOSED SESSION REPORT (if any) Mayor Mederos advised the Council unanimously approved a contract with William Avery and Associates for City Manager recruitment services, authorizing the Mayor to execute same. XXI. ADJOURN REGULAR MEETING Mayor Mederos adjourned the regular meeting at 10:15 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