City Council Meeting - Closed Session @ 6:30 p.m.; Regular Meeting @ 7 p.m.

8149 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE April 7, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, April 7, 2020, at 6:30 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Carlton Jones, Greg Nunley COUNCIL PRESENT VIA ZOOM: Terry Sayre STAFF PRESENT: Rob Hunt, Mario Zamora, Josh McDonnell, Wes Hensley, Darlene Thompson, Roxanne Yoder I. CALL TO ORDER CLOSED SESSION Mayor Sigala called the closed session to order at 6:34 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. Mayor Sigala provided extra time for audience members to call in. 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 by City Attorney Mario Zamora at 6:41 p.m. (a) 54956.8b Conference with Real Property Negotiators Property: located along Aronian Street between Kern Avenue and Tulare Avenue (State Route 137) (APN#177-190-002), (APN#177-200-008), and (APN#177-200-009) Under Negotiation: Direction as to price, terms, conditions of potential purchase Negotiating parties: Rob Hunt, Josh McDonnell, Michael Miller, Nick Bartsch, Will Washburn, and Mario Zamora [Submitted by: N. Bartsch] (b) 54956.9(c) Conference with Legal Counsel – Initiation of Litigation One (1) item IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:45 p.m.  8150 V. CLOSED SESSION REPORT (if any) Mayor Sigala advised that City Attorney Zamora will advise on reportable action. City Attorney Mario Zamora reported that with regard to Closed Session Item b, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley, and carried 4 to 1 (Council Member Jones voting no) directing staff to participate in litigation, litigation of which, will be disclosed once a case has been initiated. VI. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 7:46 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, April 7, 2020, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Carlton Jones, Greg Nunley COUNCIL PRESENT VIA ZOOM: Terry Sayre STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Wes Hensley, Luis Nevarez, Janice Avila, Michael Miller, Traci Myers, Craig Miller, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Roxanne Yoder VII. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:46 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Sigala led the Pledge of Allegiance and a moment of silence. IX. 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. Chase Landers addressed the Council with various concerns and suggestions related to issues surrounding COVID-19. Jason Bender addressed the Council regarding compliments toward City Services operating as usual in these unprecedented times. Via call in - Donnette Silva-Carter addressed the Council regarding the Chamber of Commerce efforts related to COVID-19.  8151 X. COMMUNICATIONS There were no items for this section of the agenda. XI. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Council Member Jones, and unanimously carried that the items on the Consent Calendar be approved as presented, except items 5, 7 and 12. (1) Authorization to read ordinances by title only. (2) Approve minutes of March 17, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Approve a list of pre-qualified consultants for on-call construction management, resident engineer and inspection services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with NV5 Inc. of Fresno, CA and 4Creeks, Inc. of Visalia, CA for a period of up to two years. [Submitted by: N. Bartsch] (4) Approve a list of pre-qualified consultants for on-call construction surveying services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Lane Engineers, Inc. of Tulare, CA, 4Creeks, Inc. of Visalia, CA, Provost & Pritchard of Visalia, CA and Guida Surveying, Inc. of Fresno, CA for a period of up to two years. [Submitted by: N. Bartsch] (5) Approve a list of pre-qualified consultants for on-call geotechnical engineering and materials testing services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with NV5 West, Inc. of Bakersfield, CA; Krazan & Associates, Inc. of Clovis, CA; RMA GeoScience, Inc. of Fresno, CA; Kleinfelder of Fresno, CA; and BSK Associates of Fresno, CA for a period of up to two years. [Submitted by: N. Bartsch] Council Member Nunley recused due to a business relationship. With no discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones, and carried 4 to 0 (Council Member Nunley recused) to approve the item as presented. (6) Approve a list of pre-qualified consultants for on-call labor compliance and monitoring services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor  8152 conforming and clarifying changes acceptable to the City Attorney and City Manager, with Labor Consultants of California of Hanford, CA, QK of Visalia, CA, and Silveira Consulting of Galt, CA for a period of up to two years. [Submitted by: N. Bartsch] (7) Approve the final map and subdivision improvement agreement for Phase 1 of The Greens at Oak Creek subdivision for recordation, and accept all easements and dedications offered to the City on the final map, including a Grant of Easement for temporary turnarounds for emergency vehicle purposes and a temporary run-off pond for street runoff. Accept by separate instrument an easement for storm drain basin, an access easement for the storm drain basin, an easement for a storm drain line, and a public utility and access easement for Aberdeen Street located outside the subdivision boundaries. Authorize the City Manager to sign the respective Certificates of Acceptance for the easements. Acknowledge an irrevocable offer of dedication for Aberdeen Street right- of-way. [Submitted by: M. Miller] Council Member Nunley recused due to a business relationship. With no discussion, it was moved by Council Member Jones, seconded by Vice Mayor Mederos, and carried 4 to 0 (Council Member Nunley recused) to approve the item as presented. (8) Adopt Resolution 2020-10 setting the Maximum Utility User’s Tax at $12,590.00 per utility for the period July 1, 2020 through June 30, 2021. [Submitted by: D. Thompson] (9) Adopt Resolution 2020-11 authorizing the City of Tulare to apply for Robert T. Stafford Disaster Relief and Emergency Assistance from the California Office of Emergency Services, to accept the funds if approved, and designate the City Manager or designee as the individual authorized to execute all documents on behalf of the City. [Submitted by: D. Thompson] (10) Receive, review, and file the Monthly Investment Report for February 2020. [Submitted by: D. Thompson] (11) Authorize the Mayor to sign the consent letter regarding Tulare Local Healthcare District Refunding Revenue Bonds, Series 2020A, and Taxable Refunding Revenue Bonds, Series 2020B. [Submitted by: D. Thompson] (12) Approve a list of pre-qualified consultants for On-Call Building Consultant Services, and authorize the City Manager to enter into consultant professional service agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with 4Leaf, Inc. of Newport Beach, CA; CGS Consultants of Newman, CA; Interwest Consulting Group, Inc. of Fresno, CA; and Willdan Engineering of Fresno, CA for a period of up to two years. [Submitted by: M. Miller] Council Member Nunley recused due to a business relationship. With no discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones, and carried 4 to 0 (Council Member Nunley recused) to  8153 approve the item as presented. (13) Receive and File the City of Tulare Housing Element Progress Report for 2019. [Submitted by: T. Myers] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. XIII. MAYOR’S REPORT XIV. STUDENT REPORTS There were no items for this section of the agenda. XV. 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. Public Hearing Item (1) a and b were continued from the March 17, 2020, Council Meeting. (1) Public Hearing: a. Public Hearing to pass-to-print 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] City Attorney Mario Zamora provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:19 p.m., no public comments were provided. Mayor Sigala closed the public hearing at 8:22 p.m. Questions and comments were posed by Council and addressed or clarified by City Attorney Zamora. Council Member Jones requested that he would like to see the following points be met prior to adoption: • CBD items permissible only at licensed, permitted cannabis businesses within the city. City Attorney Mario Zamora stated that is already addressed in the Ordinance. • Percentage of gross receipts up to 2 percent.  8154 It was moved by Council Member Jones, seconded by Mayor Sigala, and carried 3 to 2 (Vice Mayor Mederos and Council Member Nunley voting no) to approve this provision. • The two existing businesses eligible for automatic upgrade to retail subject to proper city application and State license process. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 4 to 1 (Council Member Nunley voting no) to approve this provision. • No more than five recreational It was moved by Council Member Jones, seconded by Mayor Sigala, and carried 3 to 2 (Vice Mayor Mederos and Council Member Nunley voting no) to approve this provision and to review annually, in July, new requests, if any. Following discussion, it was moved by Council Member Sayre, seconded by Council Member Jones, and carried 3 to 2 (Vice Mayor Mederos and Council Member Nunley voting no) to pass-to-print Ordinance 19-12, as amended. b. Appeal Hearing to Adopt Resolution 2020-08 on upholding or denying the appeal of the City Engineer’s decision to deny an encroachment permit for construction of a new driveway approach on Cross Avenue for the property located at 1101 N. Lincoln Street. [Submitted by: M. Miller] Item 1b was pulled at the request of City Engineer Michael Miller due to the appellant working with their neighbor to have a shared approach which is permissible. An item will be brought to the Council at the next meeting for approval of an easement related thereto. The appellant addressed the Council and stated that he and his neighbor are in agreement with this option. c. Public Hearing to adopt Resolution 2020-12 adopting a Mitigated Negative Declaration Addendum prepared for General Plan Amendment No. 2020-01 and Zone Amendment No 740; and Resolution 2020-13 to approve General Plan Amendment No. 2020-01 providing for a change in land use designation on approximately 0.38-acres from Office Commercial to Community Commercial, and pass-to-print Ordinance 2020-04 approving Zone Amendment No. 740, changing the existing zoning designation on approximately 0.38-acres from C-2 (Office Commercial) to the C-3 (Retail Commercial) zone district on property located south of Prosperity Avenue between Brentwood and Laspina Streets. [Submitted by: T. Myers] Council Member Nunley recused himself from the item due to a business relationship and left the meeting. Vice Mayor Mederos recused himself due to a business relationship and left the room. Community & Economic Development Director Traci Myers provided a PowerPoint presentation for the Council’s review and consideration. Mayor Sigala opened the public hearing at 10:35 p.m., with no public comment, he closed the public hearing at 10:37 p.m. With no further discussion, it was moved by Mayor Sigala, seconded by Council Member Jones and carried 3 to  8155 0 (Vice Mayor Mederos and Council Member Nunley recused) to adopt Resolution 2020-12, as presented; Mayor Sigala further moved, seconded by Council Member Jones, and carried 3 to 0 (Vice Mayor Mederos and Council Member Nunley recused) to adopt Resolution 2020-13, as presented; lastly it was moved by Mayor Sigala, seconded by Council Member Jones, and carried 3 to 0 (Vice Mayor Mederos and Council Member Nunley recused) to pass-to-print Ordinance 2020-04, as presented. (2) Engineering/Project Management: a. Award and authorize the City Manager to sign contracts related to City Project EN0086, a street and utility improvement project on Tulare Avenue; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount. [Submitted by: N. Bartsch] (a) 4 Creeks of Visalia, CA: $ 77,500.00 (b) Kleinfelder of Fresno, CA: $ 108,837.00 (c) NV5 of Visalia, CA: $ 294,000.00 Council Member Nunley recused from the item due to a business relationship and left the meeting. Project Manager Nick Bartsch provided a report for the Council’s review and consideration. With no discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley recused/absent) to approve the item as presented. b. Award and authorize the City Manager to sign contracts related to City Project EN0085 – Tract 65 and 372 Improvements, a street and utility improvement project on Aronian St., Moraine St., Latimer St., Silva St., Sunset Ave. and Kern Ave; 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 scope and budget. [Submitted by: N. Bartsch] (a) 99 Pipeline, Inc. of Porterville, CA $ 3,884,889.89 (b) Lane Engineers of Tulare, CA: $ 68,900.00 (c) NV5 of Bakersfield, CA: $ 78,553.00 (d) 4 Creeks of Visalia, CA: $ 265,010.00 Council Member Nunley recused from the item due to a business relationship and left the meeting. Project Manager Nick Bartsch provided a report for the Council’s review and consideration. With no discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley recused/absent) to approve the item as presented. (3) City Manager: a. Staff update, discussion and receive direction, if necessary, regarding COVID-19. [Submitted by: R. Hunt] Fire Chief and EOC Director Luis  8156 Nevarez provided a PowerPoint presentation for the Council’s review and consideration. Tony Moran addressed the Council regarding the homeless. Fire Captain Brandon West, Safety & DICO Officer for the City of Tulare provided an update on safety measures and outreach. Questions and comments posed by Council addressed by staff. Staff recommends the following measures to mitigate COVID-19 spread: • Park closures until further notice • Transit service changes (addressed in Emergency Item 3b) • Continuous review of essential city services • Reprogramming of HOME funds to a tenant based rental assistance program • Review of additional CDBG funding allocation • Council review of Emergency Declaration by May 5 It was the consensus of the Council that Fire Chief and EOC Director Luis Nevarez in consult with the City Manager Rob Hunt continue to move forward as presented. b. Emergency Item: Authorization for the following measures related to Transit Services: • Stop all Fares on Tulare Fixed Routes and DAR • Rear Door Entry to Create Safe Zone for Drivers • Close the Transit Ticket Counter • Limit the Dial-A-Ride to ADA and Seniors only Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Tony Moran addressed the Council regarding whether funds were going to be provided to the homeless. Questions and comments posed by Council were addressed by staff. Mayor Sigala requested staff to look into use for hazard pay for transit drivers. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Nunley, and unanimously carried to approve the item as presented. XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) City Manager Rob Hunt requested check their schedules for a budget on either April 22, 23 or 24, 2020.  8157 Mayor Sigala requested the Transportation Management Team review tractor trailer parking and truck routes in the City at a future meeting. XVII. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 10:58 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