City Council Meeting - Closed Session @ 5 p.m.; Study Session @ 6 p.m.; Regular Meeting @ 7 p.m.

8118 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE February 4, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, February 4, 2020, at 5:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Terry A. Sayre, Greg Nunley5:29 p.m. COUNCIL ABSENT: Carlton Jones STAFF PRESENT: Rob Hunt, Josh McDonnell, Janice Avila, Mandy Jeffcoach, Greg Merrill, Roxanne Yoder I. CALL TO ORDER CLOSED SESSION Mayor Sigala called the closed session to order at 5:01 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. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session for items as noted at 5:01 p.m. (a) 54956.9(d)(2) & (e)(3) Conference with Legal Counsel – Anticipated Litigation Five (5) items of anticipated litigation IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 5:29 p.m. V. CLOSED SESSION REPORT (if any) Mayor Sigala advised that there were reportable actions as noted by Special Counsel Mandy Jeffcoach as follows: Mayor Sigala, Vice Mayor Mederos and Council Member Sayre approved settlement agreements in three of the five matters listed on closed session for James Kelly, Jacob Adney and Tim Ramirez which are to be agendized for Tuesday, February 18, 2020.  8119 VI. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 5:29 p.m. A study session of the City Council, City of Tulare was held on Tuesday, February 4, 2020, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Terry A. Sayre, Carlton Jones6:50 p.m., Greg Nunley STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Greg Merrill, Luis Nevarez, Janice Avila, Michael Miller, Traci Myers, Craig Miller, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Roxanne Yoder VII. CALL TO ORDER STUDY SESSION Mayor Sigala called the study session to order at 6:01 p.m. VIII. 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. Attorney Todd Winter addressed the Council on behalf of Tulare Alternative Relief with concerns over the proposed Ordinance. Gabriel Hawkins addressed the Council with objections to recreational cannabis. IX. STUDY SESSION (a) Presentation of options related to cannabis retail locations, including sales tax measure, number of facilities, development agreements, existing license holders and direction related thereto. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a PowerPoint slide presentation for the Council’s review and consideration. Following a lengthy discussion, Council deferred direction until such time that the second reading of the proposed ordinance is pulled from tonight’s consent calendar to state for the record revisions related thereto. X. ADJOURN STUDY SESSION Mayor Sigala adjourned the study session at 6:52 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, February 4, 2020, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street.  8120 COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Terry A. Sayre, Carlton Jones, Greg Nunley(left @ 9:33 p.m.) STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Greg Merrill, Luis Nevarez, Janice Avila, Michael Miller, Traci Myers, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Steven Sopp, Mario Anaya, Roxanne Yoder STUDENTS PRESENT: Amber Munoz, Sebastian Pires XI. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:00 p.m. XII. PLEDGE OF ALLEGIANCE AND INVOCATION Vice Mayor Mederos led the Pledge of Allegiance and an invocation was given by Council Member Sayre. XIII. 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. Euler Torrez of the ROOX Agency addressed the Council regarding their upcoming street fair to run from approximately March 20 through the last Friday in October. He also questioned about the status of the previously owned city property located downtown that remains undeveloped. XIV. COMMUNICATIONS There were not items for this section of the agenda. XV. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Council Member Sayre and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 3, 4 and 8. (1) Authorization to read ordinances by title only. (2) Approve minutes of January 16 and 21, 2020 special/regular meeting. [Submitted by: R. Yoder]  8121 (3) Adopt Ordinance 19-12 an Ordinance revoking and replacing Chapter 5.96 of the City of Tulare Municipal Code allowing Recreational Cannabis Businesses and Establishing Permitting Procedures and Regulations. [Submitted by: M. Zamora] Council Member Jones pulled the item for discussion. This is the item referenced from the Study Session that would address the motion to revise. Following comments, it was moved by Council Member Sayre, seconded by Vice Mayor Mederos and carried 4 to 1 (Council Member Jones voting no) to direct the City Attorney to revise the Ordinance and develop the process to wit, allow the two existing medicinal dispensaries to submit an application to the City requesting to add recreational to their existing State designation; to establish a competitive RFP process for a third dispensary, for no more than three dispensaries in the City, to result in a development agreement to establish an estimated 2 – 4 % contribution to the City from gross receipts, which once established, the existing dispensaries will also be held to a similar development agreement to operate in the City; and set a Public Hearing to reconsider same at the March 3, 2020, City Council meeting. (4) Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN: 149-380-031 & 149-390-022 in the amount of $101,850 for the use of public right-of-way for Project EN0073 – Cartmill Avenue Improvements project, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsch] Vice Mayor Mederos and Council Member Nunley pulled the item to recuse themselves from discussion due to property ownership in the area. With no discussion, it was moved by Mayor Sigala, seconded Council Member Sayre and carried 3 to 0 (Vice Mayor Mederos and Council Member Nunley recused) to approve the item as presented. (5) Authorize the City Manager to complete and execute the documents necessary to purchase a portion of property located at the northeast corner of Oaks Street and Prosperity Avenue (APN 166-094-021) in the amount of $2,300.00 for the use of public right-of-way for Project EN0072 – Oaks Street and Prosperity Avenue Traffic Signal Project, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: J. Funk] (6) Receive, review, and file the Monthly Investment Report for December 2019. [Submitted by: D. Thompson] (7) Accept the Police Department Citizen Complaint Review Board’s annual report for calendar year 2019. [Submitted by: W. Hensley] (8) Authorize the Mayor to sign the consent letter for the Tulare Local Healthcare District 2020 General Obligation Refunding Bonds. [Submitted  8122 by: D. Thompson] Vice Mayor Mederos pulled the item to recuse due to property ownership in the area. Questions and comments posed by Council were addressed by staff. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Nunley and carried 4 to 0 (Vice Mayor Mederos recused) to approve the item as presented. XVI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. XVII. MAYOR’S REPORT (1) Authorize the Mayor to execute a letter in support of the reappointment of Paul Van Konynenburg to the California Transportation Commission. [Submitted by: R. Hunt as requested by TCAG] City Manager Rob Hunt provided a brief report for the Council’s review and consideration. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to approve as presented. XVIII. STUDENT REPORTS Teens-On-Board City Council representatives Amber Munoz, Tulare Western Sr. and Sebastian Pires, Tulare Western Jr.; provided student reports. XIX. 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: [Due to the size of the Mitigated Negative Declaration document, it won’t be included in the packet, but provided on the City’s website and available in the City Clerk’s Office for viewing purposes.] a. Continued Public Hearing to adopt Resolution 2020-04 adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2019-15 (Farrar), General Plan Amendment No. 2019-02, Zone Amendment No. 735 and Conditional Use Permit No. 2019-19 and to adopt Resolution 2020-05 approving General Plan Amendment No. 2019- 02 changing the General Plan land use designation on approximately 76.5-acres to Low Density Residential, and pass-to-print Ordinance 2020-02 approving Zone Amendment No. 735, to change the existing zoning designation on approximately 76.5-acres to the R-1-6 (Single Family Residential, 6,000 sq. ft. minimum lot area) and R-1-4 (Small-lot  8123 Residential) zoning designation on property located on the west side of Morrison Street between Tulare Avenue and the Seminole Avenue alignment. [Submitted by: T. Myers] Vice Mayor Mederos recused himself from discussion and left the room due to business relationships with homeowners near project. City Attorney Mario Zamora advised of documents with signatures submitted by opponents asked to be placed in the record. Council Member Nunley recused himself and left the room due to property ownership near the project. Senior Planner Steven Sopp provided a PowerPoint presentation for the Council’s review and consideration. Mayor Sigala opened the Public Hearing at 7:40 p.m. The following speakers addressed the Council in opposition of the project: Daniel Evans, Esq. obo Leatha White, Frank Junio, Steve Pratt, Robert Barnier, Jr., Leatha White, Kary Mancebo-Ingram, Mark Lippincott, Annette Machado (specific to density), Michelle Lippincott (specific to density), Dawn Miller, Doug Canby, Jose Gama (specific to density), Diana Bosman (specific to density), Dan Cotta, Rhonda Junio (specific to density), Gary Warnock, Angelica Velasquez, Pam Maxedon, Mandy Cordeniz (specific to density). The following speakers addressed the Council in support of the project: Antonio Espinoza, Alan & Anna Clark, Charles Kahler, Scott Branscom. Mayor Sigala closed the Public Hearing at 8:38 p.m. Matt Smith, Land Acquisition Manager for Woodside Homes addressed the Council in support of the project. Questions and comments posed by Council were addressed by Principal Planner Mario Anaya and/or Woodside project representatives. Council Member Jones requested a concession for added park space. Matt Smith indicated that they would reduce the number of homes from 360 to 358 to add additional park space to the large section reflected in the rendering. Following discussion and comment, the following items were approved as noted: It was moved by Council Member Jones, seconded by Council Member Sayre and carried 3 to 0 (Vice Mayor Mederos and Council Member Nunley recused) to adopt Resolution 2020-04 as amended with regard to the additional park space as noted. It was moved by Council Member Sayre, seconded by Council Member Jones and carried 3 to 0 (Vice Mayor Mederos and Council Member Nunley recused) to adopt Resolution 2020-05 as amended with regard to the additional park space as noted.  8124 It was moved by Council Member Jones, seconded by Council Member Sayre and carried 3 to 0 (Vice Mayor Mederos and Council Member Nunley recused) to pass-to-print Ordinance 2020-02 as amended with regard to the additional park space as noted. b. Public Hearing to Pass-to-Print Ordinance 2020-03, adding Chapter 10.162 to the City of Tulare Municipal Code, the Farmland Mitigation Ordinance. [Submitted by: M. Anaya] Principal Planner Mario Anaya provided a PowerPoint presentation for Council’s review and consideration. Mayor Sigala opened the public hearing at 9:49 p.m. receiving no public comment, Mayor Sigala closed the public hearing at 9:49 p.m. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 4 to 0 (Council Member Nunley absent) to pass-to-print Ordinance 2020-03 as presented. [A PowerPoint slide presentation will be presented, written material, if provided, will be distributed before or at the meeting.] (2) Finance: a. Mid-Year Budget Review Presentation, Discussion and Direction related thereto [Submitted by: D. Thompson]: i. Mid-Year Review ii. End of Year Projections iii. CalPERS Outlook Finance Director Darlene Thompson provided a Mid-Year Budget PowerPoint presentation for the Council’s review and consideration. Direction was provided to staff to cap Measure I expenditures at 7 million and return with the Budget Policies and Practices document for review related to social service and one-time funding and CalPERS deficit funding. It was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley absent) to utilize the one-time funds of $100,000 toward reserves or current year deficit. (3) Engineering: a. Approve a short-term deferred improvement agreement with Presidio JJR Kensington 111, LLC, a Delaware Limited Liability Company, to defer the required completion of segments of decorative block wall for Phase 1 of the Kensington Estates subdivision located at the northwest corner of Cartmill Avenue and Devenshire Street, accept all other required public works improvements for the subdivision 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  8125 Recorder’s Office. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for the Council’s review and consideration. Following a brief discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley absent) to approve the item as presented. (4) Community & Economic Development: a. Adopt Resolution 2020-06 establishing the formation of a Strategic Action Committee on Homelessness pursuant to the County of Tulare’s Pathway Home Strategic Plan, set goals and objectives for said Committee and appoint voting and advisory members to same, to sunset in five years, unless otherwise extended by the Council. [Submitted by: T. Myers] Community & Economic Development Director Traci Myers provided a report for the Council’s review and consideration. Council Member Sayre sought approval of the Resolution without the specified appointments to allow more time for applicants to be considered at the next meeting. Vice Mayor Mederos recommended language changes to the resolution. Council discussed the need for a Council Member appointment and desire to have by seat appointment, potentially modeling the Police Review Board make up of two additional at-large members. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 4 to 0 (Council Member Nunley absent) to continue the item to the February 18, 2020, Council Meeting to consider the formation of the committee and rules related thereto. b. Council consideration and direction to staff on the issuance of a Notice of Funding Availability and Request for Proposals for use of the City’s Housing Successor Asset Funds in the approximate amount of $1.5 million. [Submitted by: T. Myers] Community and Economic Development Director Traci Myers provided a report for the Council’s review and consideration. Ms. Myers requested direction from Council on the allocation of the respective funding for the Request for Proposals. Dave Clevenger commented on affordable housing leverage. Following discussion, Council directed staff to proceed with the preparation of the Notice of Funding Ability to solicit proposals utilizing the City’s approximate $1.5 million Housing Asset Funds for affordable housing projects. XX. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Mayor Sigala moved, seconded by Council Member Sayre and carried 3 to 1 (Council Member Jones voting no) to direct staff to provide a report on the cost, step and process to open an emergency homeless shelter.  8126 Vice Mayor Mederos moved to have Facility & Capital Improvement updates from staff on the agenda every other meeting. It was seconded by Council Member Sayre, but failed by a vote of 2 to 2 (Mayor Sigala and Council Member Jones voting no). XXI. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 11:03 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