City Council Meeting - Closed Session @ 6:30 p.m.; Regular Meeting @ 7 p.m.
Regular MeetingTulare, CA · September 1, 2020
Minutes
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ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
September 1, 2020
A closed session of the City Council, City of Tulare was held on Tuesday,
September 1, 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
COUNCIL ABSENT: Carlton Jones, Greg Nunley
STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Wes Hensley, Janice
Avila, Darlene Thompson, Jason Bowling, Clay Roberts, Roxanne Yoder
I. CALL TO ORDER CLOSED SESSION
Mayor Sigala called the closed session to order at 6:31 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 6:34 p.m.
(a) 54956.8b Conference with Real Property Negotiators
Property: Tulare County Courthouse property APN #176-062-014, 425 East
Kern Ave and an adjacent parking lot, APN # 176-063-021
Negotiators: Rob Hunt, Josh McDonnell, Mario Zamora, Darlene Thompson
[Submitted by: J. McDonnell]
IV. RECONVENE CLOSED SESSION
Mayor Sigala reconvened from closed session at 7:05 p.m.
V. CLOSED SESSION REPORT (if any)
Mayor Sigala advised there was no reportable action.
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VI. ADJOURN CLOSED SESSION
Mayor Sigala adjourned closed session at 7:05 p.m.
A regular session of the City Council, City of Tulare was held on Tuesday,
September 1, 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/TELECONFERENCE: Terry Sayre
COUNCIL ABSENT: Carlton Jones, Greg Nunley
STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Traci Myers, Michael
Miller, Trisha Whitfield, Craig Miller, Luis Nevarez, Janice Avila, Wes Hensley, Nick
Bartsch, Jason Bowling, Clay Roberts, Roxanne Yoder
VII. CALL TO ORDER REGULAR SESSION
Mayor Sigala called the regular session to order at 7:05 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.
Debra McAlpine addressed the Council to thank the City for their efforts on mitigating
the criminal activity at their mobile home park.
Donnette Silva-Carter, Tulare Chamber CEO provided an update on their Covid-19
efforts.
X. COMMUNICATIONS
City Manager Rob Hunt provided an update to the Council on staff’s progress in
bringing forward for Council’s consideration regarding criteria and development
standards regarding transitional housing with a projected date October 6, 2020. Mr.
Hunt further advised that an item will be forth coming for Council’s review and
discussion related to the City’s Nuisance Ordinance as it relates to parking.
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XI. CONSENT CALENDAR:
It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and
carried 3 to 0 (Council Members Jones and Nunley absent) that the items on
the Consent Calendar be approved as presented.
(1) Authorization to read ordinances by title only.
(2) Approve minutes of August 18, 2020 special/regular meeting. [Submitted
by: R. Yoder]
(3) Council Member Sayre’s selection of Aaron Gomes to serve as her
respective appointment to the Strategic Action Ad Hoc Committee on
Homelessness. [Requested by: Council Member Sayre]
(4) Adopt Resolution 2020-44, an Addendum to the Mitigated Negative
Declaration (MND) previously approved and certified by the Council of the
City of Tulare for The Greens at Oak Creek Subdivision Project as part of
Resolution 17-42 on September 19, 2017. [Submitted by: T. Myers]
(5) Authorize the City Manager to execute a contract change order in the
amount of $364,619.00 with Valley Pump & Dairy Systems Inc. for Add
Alternative #1 of the Storm Sewer Lift Stations Upgrades Project (Projects
SD0016, SD0017, SD0018), and increase the amount the City Manager or
his designee is authorized to approve for contract change orders to 10%
of the revised contract amount (an additional $36,461.90). [Submitted by:
J. Funk]
(6) Authorize the City Manager to complete and execute the documents
necessary to declare as public right-of-way a portion of the “K” Street and
Bardsley Avenue well site (Well 4-3: Project WT0040 – Pratt Water System
Improvement Project), subject only to minor conforming and clarifying
changes acceptable to the City Attorney and City Manager. [Submitted by:
J. Funk]
(7) Receive the monthly investment report for July 2020. [Submitted by: D.
Thompson]
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
(1) Proclamation presentation in recognition of Railroad Safety Month.
Mayor Sigala presented the proclamation to City Engineer Michael Miller on
behalf of the Tulare County Association of Governments who requested this
item.
XIII. MAYOR’S REPORT
Mayor Sigala thanked staff for managing the business mini grants. He further
commented on the Tulare County Mask-Up Program and that he would be handing
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out 10 $100 gift cards to mask wearing individuals to reward them on their continued
efforts to wear masks to help slow the spread.
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 pass-to-print Ordinance No. 2020-09, an Ordinance
revising Chapter 5.96 of the City of Tulare Municipal Code allowing
businesses to sell non-inhalable or non-edible forms of cannabidiol
(CBD) products without a cannabis license, and subject to additional
restrictions on marketing and packaging. [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 7:24 p.m.,
receiving no public commented he closed the public hearing at 7:24 p.m.
With no discussion, it was moved by Mayor Sigala, seconded by Council
Member Sayre and carried 3 to 0 (Council Members Jones and Nunley
absent) to pass-to-print Ordinance 2020-09, as presented.
(2) Community and Economic Development:
a. Council consideration and direction to staff on the request by Applicant
GGH, 1, LLC, a project specific entity owned by John Roberts and Kent
McNiece, for an economic development assistance grant in the sum of
$21,357 as a contribution to the installation of public improvements
associated with a four acre retail development on Prosperity Avenue in
the City of Tulare. [Submitted by: T. Myers] Mayor Sigala advised that this
item will be continued to September 15, 2020; however, it allowed Mike
Jamaica to address the Council in support of this item.
b. PowerPoint Presentation Census Update. [T. Myers]
Community & Economic Development Director Traci Myers introduced the
item and Librarian Mollie Roache, who provided a PowerPoint presentation
on the current Census efforts. Ms. Roache noted that the deadline of October
31 was changed to September 30 by Presidential Executive Order. Council
asked if the Police Department Facebook page could be used to notify the
community of Census workers being in area neighborhoods and to place this
item on the September 15 agenda to continue to promote the completion of
the Census.
(3) City Manager:
a. Select Voting Delegate and alternate for League of California Cities
VIRTUAL Annual Conference business session to be held Friday,
October 9, 2020, authorize the City Clerk to execute the delegate form;
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and provide direction to Voting Delegate on the City’s position (support,
oppose, or no position) on League Resolution Packet. [Submitted by: R.
Hunt] City Manager Rob Hunt provided a report for the Council’s review and
consideration. Following discussion, it was moved by Mayor Sigala,
seconded by Vice Mayor Mederos and carried 3 to 0 (Council Members
Jones and Nunley absent) to select Council Member Sayre as the City’s
voting delegate and Vice Mayor Mederos as the City’s voting alternate, if
necessary. Following discussion, t was further moved by Mayor Sigala,
seconded by Vice Mayor Mederos and carried 3 to 0 (Council Members
Jones and Nunley absent) to support the League Resolution as presented.
b. Update, discussion and receive direction, if necessary, regarding
COVID-19, etc. [Submitted by: R. Hunt] City Manager Rob Hunt provided
an update for the Council’s review and consideration.
XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3)
XVI. ADJOURN REGULAR MEETING
Mayor Sigala adjourned the regular meeting at 8:06 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, SEPTEMBER 1, 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
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.
AGENDA
TULARE CITY COUNCIL
September 1, 2020
Page 2
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
(a) 54956.8b Conference with Real Property Negotiators
Property: Tulare County Courthouse property APN #176-062-014, 425 East
Kern Ave and an adjacent parking lot, APN # 176-063-021
Under Negotiation: Direction regarding potential purchase of property
Negotiating parties: Rob Hunt, Mario Zamora, Josh McDonnell, Darlene
Thompson [Submitted by: J. McDonnell]
IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT (if any)
VI. ADJOURN CLOSED SESSION
7:00 p.m. (or immediately following Closed Session)
VII. CALL TO ORDER REGULAR 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
comments will be limited to three minutes, per topic, unless otherwise extended by
Council.
AGENDA
TULARE CITY COUNCIL
September 1, 2020
Page 3
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 August 18, 2020 special/regular meeting. [Submitted by: R.
Yoder]
(3) Confirm Council Member Sayre’s selection of Aaron Gomes to serve as her
respective appointment to the Strategic Action Ad Hoc Committee on
Homelessness. [Requested by: Council Member Sayre]
(4) Adopt Resolution 2020-44, an Addendum to the Mitigated Negative Declaration
(MND) previously approved and certified by the Council of the City of Tulare for
The Greens at Oak Creek Subdivision Project as part of Resolution 17-42 on
September 19, 2017. [Submitted by: T. Myers]
(5) Authorize the City Manager to execute a contract change order in the amount of
$364,619.00 with Valley Pump & Dairy Systems Inc. for Add Alternative #1 of the
Storm Sewer Lift Stations Upgrades Project (Projects SD0016, SD0017,
SD0018), and increase the amount the City Manager or his designee is
authorized to approve for contract change orders to 10% of the revised contract
amount (an additional $36,461.90). [Submitted by: J. Funk]
(6) Authorize the City Manager to complete and execute the documents necessary
to declare as public right-of-way a portion of the “K” Street and Bardsley Avenue
well site (Well 4-3: Project WT0040 – Pratt Water System Improvement Project),
subject only to minor conforming and clarifying changes acceptable to the City
Attorney and City Manager. [Submitted by: J. Funk]
(7) Receive the monthly investment report for July 2020. [Submitted by: D.
Thompson]
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
(1) Proclamation presentation in recognition of Railroad Safety Month.
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.
AGENDA
TULARE CITY COUNCIL
September 1, 2020
Page 4
(1) Public Hearing:
a. Public Hearing to pass-to-print Ordinance No. 2020-09, an Ordinance
revising Chapter 5.96 of the City of Tulare Municipal Code allowing
businesses to sell non-inhalable or non-edible forms of cannabidiol (CBD)
products without a cannabis license, and subject to additional restrictions on
marketing and packaging. [Submitted by: M. Zamora]
(2) Community & Economic Development:
a. Council consideration and direction to staff on the request by Applicant GGH,
1, LLC, a project specific entity owned by John Roberts and Kent McNiece,
for an economic development assistance grant in the sum of $21,357 as a
contribution to the installation of public improvements associated with a four
acre retail development on Prosperity Avenue in the City of Tulare.
[Submitted by: T. Myers]
b. PowerPoint Presentation Census Update. [T. Myers]
(3) City Manager:
a. Select Voting Delegate and alternate for League of California Cities VIRTUAL
Annual Conference business session to be held Friday, October 9, 2020,
authorize the City Clerk to execute the delegate form; and provide direction to
Voting Delegate on the City’s position (support, oppose, or no position) on
League Resolution Packet. [Submitted by: R. Hunt]
b. 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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