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

Regular Meeting

Tulare, CA · July 7, 2020

AgendaMinutes

Minutes

8195 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE July 7, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, July 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 COUNCIL PRESENT VIA ZOOM/TELECONFERENCE: Terry Sayre, Greg Nunley COUNCIL ABSENT: Carlton Jones (call went to voice mail) STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Matt Machado, Roxanne Yoder I. CALL TO ORDER CLOSED SESSION Mayor Sigala called the closed session to order at 6:32 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 by City Attorney Mario Zamora at 6:32 p.m. (1) 54956.9(c) Conference with Legal Counsel – Anticipated Litigation One (1) items of anticipated litigation IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:21 p.m. V. CLOSED SESSION REPORT (if any) City Attorney Mario Zamora advised there was no reportable action. VI. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 7:21 p.m. 8196 A regular session of the City Council, City of Tulare was held on Tuesday, July 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 COUNCIL PRESENT VIA ZOOM: Terry Sayre, Carlton Jones7:25 p.m., Greg Nunley7:39 p.m. STAFF PRESENT: Rob Hunt, Mario Zamora, Darlene Thompson, Mario Anaya, Michael Miller, Trisha Whitfield, Craig Miller, Luis Nevarez, Janice Avila, Matt Machado, Nick Bartsch, Roxanne Yoder VII. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:21 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Sigala led the Pledge of Allegiance and Council Member Sayre led the invocation. 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. Dena Rizzardo, CEO of Tulare County Fair, updated the Council on the September Fair under the Covid-19 orders. Kevin Northcraft and Mike Jamaica addressed the Council on behalf of the Hospital Board thanking the Council and City for their support. Fernando Gonzalez, Joy Frausto, Simone Bennett, Odessa Marcos, Chayil Goree, Dejalysse Eason addressed the Council on behalf of the Black Lives Matter movement and support for a racial equality mural in Tulare. Donnette Silva-Carter, Chamber CEO provided an update to Council. X. COMMUNICATIONS There were no items for this section of the agenda. 8197 XI. CONSENT CALENDAR: It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item 9. (1) Authorization to read ordinances by title only. (2) Approve minutes of June 17, 2020 special/regular meeting. [Submitted by: R. Yoder] Mayor Sigala requested that the minutes be amended to reflect the Clerk’s mother’s name in its adjournment. With no objection from the Council, that amendment will be reflected in the June 17 meeting minutes. (3) Authorize the City Manager to execute the settlement agreement to acquire property by eminent domain for portions of certain properties located along Aronian Street between Kern Avenue and Tulare Avenue (State Route 137) as defined in the Resolution of Necessity 2020-21. [Submitted by: M. Zamora] (4) Award and authorize the City Manager to sign a contract with Romanazzi General Engineering of Exeter, CA in the amount not to exceed $658,607.55 for Project EN0072 to construct a traffic signal and intersection improvements at Prosperity Avenue and Oaks Street, and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($65,860.76) of the contract award amount. [Submitted by: J. Funk] (5) Adopt Ordinance 2020-06 to repeal and replace Section 9.48.120 of the Tulare Municipal Code pertaining to Commercial Vehicle Parking Restrictions. [Submitted by M. Miller] (6) Conditionally approve the final map and subdivision improvement agreement for Phase 3 of Willow Glen 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 September 05, 2020. [Submitted by: M. Miller] (7) Adopt Resolution of Intention 2020-36 to set July 21, 2020 as the public hearing date to adopt landscape maintenance assessments for fiscal year 2020-21. [Submitted by: M. Miller] (8) Approve the Parcel Map filed by Joe Flores for the division of land located on the southeast corner of Santa Clara Street and Kern Avenue and accept the 6' wide public utility easement and the additional right-of-way as shown hereon, conveyed to the City of Tulare as an easement and dedication in fee. [Submitted by: M. Miller] (9) Authorize the Mayor to execute a Grant Deed on behalf of the City of 8198 Tulare for a lot line adjustment affecting Parcel 1 of Parcel Map 4531 (APN 171-300-015), to which the City holds a deed of trust as the result its Credit Agreement with the Tulare Local Healthcare District. [Submitted by: M. Miller] Council Member Nunley pulled the item to declare a business conflict. Vice Mayor Mederos also declared a business conflict. With no discussion, it was moved by Mayor Sigala, seconded by Council Member Sayre, and carried 3 to 0 (Council Member Nunley and Vice Mayor Mederos recused) to approve the item as presented. (10) Receive the monthly investment report for May 2020. [Submitted by: D. Thompson] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] Per the request of staff, this item was moved to the July 21st meeting. XIII. MAYOR’S REPORT Mayor Sigala commented on and thanked Chief Hensley, City Manager Hunt, and staff on a recent meeting to discuss strengthening our Police Department through training to benefit their role in the community. Additionally, he commented on the speakers regarding a Black Lives Matter mural in Tulare, stating he would seek approval during items of interest to place that for discussion at the July 21st meeting. He further commented on the mini grants to assist local small businesses and encouraged those in need to apply by July 15, 2020. Lastly, he commented on the impending formation of the City’s Budget Committee and their assistance in reviewing the City’s budget mid-year and Care’s Act Covid-19 funding, etc. XIV. 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 adopt Resolution 2020-37 regarding placing costs of constructing utility connections and/or sidewalk, curb, gutter, and driveway construction on property rolls in installments. [Submitted by: D. Thompson] Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:04 p.m. Receiving no public comment, he closed the public hearing at 8:05 p.m. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Mayor Sigala, and unanimously carried to adopt Resolution 2020-37 as presented. 8199 b. Public Hearing to pass-to-print Ordinance 2020-07 revising portions of Sections 7.32.040 through 7.32.070 of Chapter 7.32 of Title 7 of the City of Tulare Municipal Code to update the Water Conservation Ordinance. [Submitted by: A. Bettencourt] Management Analyst Andrew Bettencourt provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:08 p.m. Receiving no public comment, he closed the public hearing at 8:09 p.m. Questions and comments posed by Council were addressed by staff. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and unanimously carried to pass-to-print Ordinance 2020-07 as presented. (2) City Attorney/Community Services: a. Review, discussion and direction regarding the proposed revisions to Park Ordinance Chapter 8.36. [Submitted by: M. Zamora, C. Miller] City Manager Rob Hunt provided a report for the Council review and consideration. Aaron Gomes addressed the Council on behalf of some of the area homeless and inquired about access to busing, restrooms and showers. Nicholas Sherwood addressed the Council urging their support of the proposed Ordinance. Tom Jones addressed the Council in opposition of the proposed Ordinance. Questions and comments posed by Council were addressed by staff. Following discussion and changes directed to the City Attorney Mario Zamora, it was moved by Mayor Sigala, seconded by Vice Mayor Mederos, and carried 4 to 0 (Council Member Nunley absent) to direct staff to return with the noted changes at the July 21, 2020 meeting. (3) 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 to the Council. XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Jones requested an item to utilize current travel budget funds for discretionary use to fund the Black Lives Matter mural. Per concurrence of the Council, that request will be placed on the July 21 agenda. Council Member Jones requested an item for consideration of ordering masks above and beyond the Governor’s Order. That item failed to gain concurrence of the Council, as it would be redundant to Order already issued by the State. 8200 Council Member Jones requested that Council direct the City Manager to facilitate the proposed Black Lives Matter mural without having to go through the Mural process. That item failed to gain concurrence of the Council, as the request can be processed as early as tomorrow through existing processes. Council Member Jones requested an item to close the line of credit to the hospital. That item failed to gain concurrence of the Council. Mayor Sigala requested an item for the July 21 agenda on the number of available homeless beds, etc. in Tulare. That item gained concurrence of the Council to direct staff to schedule as requested. XVI. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 10:10 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, JULY 7, 2020 Closed Session 6:30 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. 6:30 p.m. I. CALL TO ORDER CLOSED SESSION AGENDA TULARE CITY COUNCIL July 7, 2020 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. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): (1) 54956.9(c) Conference with Legal Counsel – Anticipated Litigation One (1) items of anticipated litigation IV. RECONVENE CLOSED SESSION V. CLOSED SESSION REPORT (if any) VI. ADJOURN CLOSED SESSION VII. 7:00 p.m. (Or, immediately following Closed Session) VIII. PLEDGE OF ALLEGIANCE AND INVOCATION IX. 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. X. COMMUNICATIONS 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 AGENDA TULARE CITY COUNCIL July 7, 2020 Page 3 comments will be limited to three minutes, per topic, unless otherwise extended by Council. XI. 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 June 16, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Authorize the City Manager to execute the settlement agreement to acquire property by eminent domain for portions of certain properties located along Aronian Street between Kern Avenue and Tulare Avenue (State Route 137) as defined in the Resolution of Necessity 2020-21. [Submitted by: M. Zamora] (4) Award and authorize the City Manager to sign a contract with Romanazzi General Engineering of Exeter, CA in the amount not to exceed $658,607.55 for Project EN0072 to construct a traffic signal and intersection improvements at Prosperity Avenue and Oaks Street, and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($65,860.76) of the contract award amount. [Submitted by: J. Funk] (5) Adopt Ordinance 2020-06 to repeal and replace Section 9.48.120 of the Tulare Municipal Code pertaining to Commercial Vehicle Parking Restrictions. [Submitted by M. Miller] (6) Conditionally approve the final map and subdivision improvement agreement for Phase 3 of Willow Glen 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 September 05, 2020. [Submitted by: M. Miller] (7) Adopt Resolution of Intention 2020-36 to set July 21, 2020 as the public hearing date to adopt landscape maintenance assessments for fiscal year 2020- 21. [Submitted by: M. Miller] AGENDA TULARE CITY COUNCIL July 7, 2020 Page 4 (8) Approve the Parcel Map filed by Joe Flores for the division of land located on the southeast corner of Santa Clara Street and Kern Avenue and accept the 6' wide public utility easement and the additional right-of-way as shown hereon, conveyed to the City of Tulare as an easement and dedication in fee. [Submitted by: M. Miller] (9) Authorize the Mayor to execute a Grant Deed on behalf of the City of Tulare for a lot line adjustment affecting Parcel 1 of Parcel Map 4531 (APN 171-300-015), to which the City holds a deed of trust as the result its Credit Agreement with the Tulare Local Healthcare District. [Submitted by: M. Miller] (10) Receive the monthly investment report for May 2020. [Submitted by: D. Thompson] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] XIII. MAYOR’S REPORT XIV. 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 adopt Resolution 2020-37 regarding placing costs of constructing utility connections and/or sidewalk, curb, gutter, and driveway construction on property rolls in installments. [Submitted by: D. Thompson] b. Public Hearing to pass-to-print Ordinance 2020-07 revising portions of Sections 7.32.040 through 7.32.070 of Chapter 7.32 of Title 7 of the City of Tulare Municipal Code to update the Water Conservation Ordinance. [Submitted by: A. Bettencourt] (2) City Attorney/Community Services: a. Review, discussion and direction regarding the proposed revisions to Park Ordinance Chapter 8.36. [Submitted by: M. Zamora, C. Miller] AGENDA TULARE CITY COUNCIL July 7, 2020 Page 5 (3) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) XVI. ADJOURN REGULAR MEETING 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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