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City Council Meeting - Budget Study Session @ 6 p.m.; Regular Session @ 7 p.m.

Regular Meeting

Tulare, CA · April 20, 2021

AgendaMinutes

Minutes

8294 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE April 20, 2021 A budget study session of the City Council of the City of Tulare was held on Tuesday, April 20, 2021, at 6:00 p.m., in the Tulare Public Library & Council Chamber located at 491 North M Street in Tulare. 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, Matt Machado, Luis Nevarez, Janice Avila, Nick Bartsch, Jose Rivas, Jason Bowling, Melissa Hermann I. CALL TO ORDER BUDGET STUDY SESSION Mayor Mederos called the budget study session to order at 6:01 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 STUDY SESSION a. Receive Departmental Budget Presentations and provide direction on the Fiscal Year 2021/22 Proposed Budget. [Submitted by: R. Hunt] Departmental presentations were presented by staff. Finance Director Darlene Thompson provided an overview of the Fiscal Year 2021/22 proposed budget for the Council’s review and consideration. Questions posed by Council were responded to by staff. IV. ADJOURN BUDGET STUDY SESSION Mayor Mederos adjourned the budget session at 7:38 p.m. A regular session of the City Council of the City of Tulare was held on Tuesday, April 20, 2021, at 7:00 p.m., in the Tulare Public Library & Council Chamber located at 491 North M Street in Tulare. 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, Matt Machado, Luis Nevarez, Janice Avila, Nick Bartsch, Jose Rivas, Jason Bowling, Melissa Hermann 8295 V. CALL TO ORDER REGULAR SESSION Mayor Mederos called the regular session to order at 7:45 p.m. VI. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Mederos led the Pledge of Allegiance and Vice Mayor Sayre led the invocation. VII. 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, CEO of the Chamber of Commerce, provided an update on community events. VIII. COMMUNICATIONS/CITY MANAGER ANNOUNCEMENT City Manager Rob Hunt announced his upcoming retirement with a tentative date in July 2021. IX. CONSENT CALENDAR It was moved by Council Member Sigala, seconded by Council Member Harrell, 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 April 6, 2021 special/regular meeting(s) [Submitted by: R. Yoder] (3) Authorize the City Manager to complete and execute the documents necessary to accept the dedication of property located as a portion of (APN: 177-210-027) 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] (4) Award and authorize the City Manager to sign a contract with Romanazzi General Engineering of Exeter, CA in an amount not to exceed $105,296.05 related to City Project FM0037 – Public Restroom Mefford Field Airport; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount. [Submitted by: M. Correa] 8296 (5) Conditionally approve the final map and subdivision improvement agreement for Phase 1 of the Oakcrest 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 June 19, 2021. [Submitted by: J. Funk] (6) Authorize the City Manager to complete and execute the documents necessary to purchase property located at the northwest corner of West Street and Pleasant Avenue as a portion of APN 168-010-024 in the amount of $16,200.00 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] X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] City Manager Rob Hunt introduced Brian Bayless, Josh Burciaga, Francisco Flores, Armando Franco, Robert Bayless, and Peter Rodriguez as the recipients of the 1st Quarter of 2021 Employee Recognition Program. Mayor Mederos presented the recipients with his acknowledgment. (2) Presentation to Women Honorees in recognition of International Women’s Day & Women’s History Month 2021. Vice Mayor Sayre honored Susan Henard. XI. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST - G.C. 54954.2(3) XII. 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) City Attorney: a. Review and direction regarding Cannabis fee structure on the contribution of gross receipts. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a report for the Council’s review and consideration. Council Member Sigala provided comment. Following a lengthy discussion, it was the consensus of the Council for staff to meet with the current recreational business regarding the 2% administrative fee. Staff will agendize an item for the next Council meeting to report back on that meeting. Depending on the outcome of the meeting between staff and the business, Council to consider amending Resolution 2020-17 at a future meeting depending on the outcome of the meeting between staff and the business. 8297 (2) 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. XIII. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(3) It was requested by Council Member Harrell and was the consensus of the Council to agendize a Closed Session item to discuss possibly billing Southern Pacific Railroad and the State of California for services rendered in response to homeless. It was the consensus of the Council to agendize a study session on May 4, 2021, at 5:00 p.m. to review and discuss the administrative budget policies and practices. It was requested by Council Member Sigala to agendize an item to discuss and approve the Transit Agency agreement. Finance Director Darlene Thompson provided Mr. Sigala an update on the process. XIV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Mederos adjourned to closed session at 9:18 p.m. for the item as noted by the City Attorney. (a) 54957.6 Conference with Labor Negotiators Represented/Unrepresented Employee(s): Fire, All Groups Negotiators: Rob Hunt, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] (b) 54956.8 Conference with Real Property Negotiators Property: Improvements related to APN 191-250-022 Agency Negotiators: City Manager Rob Hunt, City Attorney Mario Zamora, City Engineer 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.) (c) 54957 Public Employment Title: City Manager XV. RECONVENE CLOSED SESSION Mayor Mederos reconvened from closed session at 10:25 p.m. 8298 XVI. CLOSED SESSION REPORT (if any) Mayor Mederos advised there was no reportable action. XVII. ADJOURN REGULAR MEETING Mayor Mederos adjourned the regular meeting at 10:25 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, APRIL 20, 2021 Budget Study Session 6:00 p.m. 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. 6:00 p.m. I. CALL TO ORDER BUDGET STUDY SESSION AGENDA TULARE CITY COUNCIL April 20, 2021 Page 2 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. III. BUDGET STUDY SESSION a. Receive Departmental Budget Presentations and provide direction on the Fiscal Year 2021/22 Proposed Budget. [Submitted by: R. Hunt] IV. ADJOURN BUDGET STUDY SESSION 7:00 p.m. (or immediately following Budget Study Session) V. CALL TO ORDER REGULAR SESSION VI. PLEDGE OF ALLEGIANCE AND INVOCATION VII. 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. VIII. COMMUNICATIONS/CITY MANAGER ANNOUNCEMENT 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. AGENDA TULARE CITY COUNCIL April 20, 2021 Page 3 IX. 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 April 6, 2021 special/regular meeting. [Submitted by: R. Yoder] (3) Authorize the City Manager to complete and execute the documents necessary to accept the dedication of property located as a portion of (APN: 177-210-027) 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] (4) Award and authorize the City Manager to sign a contract with Romanazzi General Engineering of Exeter, CA in an amount not to exceed $105,296.05 related to City Project FM0037 – Public Restroom Mefford Field Airport; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount. [Submitted by: M. Correa] (5) Conditionally approve the final map and subdivision improvement agreement for Phase 1 of the Oakcrest 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 June 19, 2021. [Submitted by: M. Miller] (6) Authorize the City Manager to complete and execute the documents necessary to purchase property located at the northwest corner of West Street and Pleasant Avenue as a portion of APN 168-010-024 in the amount of $16,200.00 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] X. SCHEDULED PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] (2) Presentation to Women Honorees in recognition of International Women’s Day & Women’s History Month 2021. [Cont. from 3/16 for Councilmember Sayre’s nominee.] AGENDA TULARE CITY COUNCIL April 20, 2021 Page 4 XI. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(3) XII. 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) City Attorney: a. Review and direction regarding Cannabis fee structure on the contribution of gross receipts. [Submitted by: M. Zamora] (2) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] XIII. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(3) XIV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): (a) 54957.6 Conference with Labor Negotiators Represented/Unrepresented Employee(s): Fire, All Groups Negotiators: Rob Hunt, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] (b) 54956.8 Conference with Real Property Negotiators Property: Improvements related to APN 191-250-022 Agency Negotiators: City Manager Rob Hunt, City Attorney Mario Zamora, City Engineer 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.) (c) 54957 Public Employment Title: City Manager XV. RECONVENE CLOSED SESSION XVI. CLOSED SESSION REPORT (if any) XVII. ADJOURN REGULAR MEETING AGENDA TULARE CITY COUNCIL April 20, 2021 Page 5 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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