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

Regular Meeting

Tulare, CA · September 15, 2020

AgendaMinutes

Minutes

8221 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE September 15, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, September 15, 2020, at 6:30 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Greg Nunley COUNCIL PRESENT VIA ZOOM/TELECONFERENCE: Terry Sayre, Carlton Jones STAFF PRESENT: Rob Hunt, Josh McDonnell, Megan Dodd, 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 6:35 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 Assistant City Attorney Megan Dodd at 6:37 p.m. (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): Fire Unions Negotiators: Rob Hunt, Janice Avila, Megan Dodd obo Mario Zamora [Submitted by: J. Avila; M. Zamora] IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:03 p.m. V. CLOSED SESSION REPORT (if any) Assistant City Attorney Megan Dodd advised there was no reportable action. 8222 VI. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 7:03 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, September 15, 2020, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Greg Nunley COUNCIL PRESENT VIA ZOOM/TELECONFERENCE: Terry Sayre, Carlton Jones STAFF PRESENT: Rob Hunt, Josh McDonnell, Megan Dodd, 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 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. Donnette Silva-Carter addressed the Council on various activities and events. Sonny Silva addressed the Council with concerns over a convenience store (i.e. liquor store) to be built on the southeast corner of West and Prosperity. Jason Bender addressed the Council thanking Trisha Whitfield and Art Avila for their assistance at the blood drive. X. COMMUNICATIONS There were no items for this section of the agenda. 8223 XI. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Vice Mayor Mederos, 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 September 1, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Approve the cancellation of Tulare City Council meeting scheduled for Tuesday, November 3, 2020, due to a lack of business and Election Night activities. [Submitted by: R. Hunt] (4) Adopt Ordinance 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] (5) Adopt Resolution 2020-45 initiating proceedings and intention to set a public hearing for Landscape Maintenance District 2020-01 for the Farrar Estates subdivision. [Submitted by: M. Miller] (6) Award and authorize the City Manager or designee to sign a contract with Talley Oil, Inc. of Madera, CA, for a total amount of $211,275.60 for the turnkey supply, delivery and application of asphaltic pavement preservation rejuvenating agent; subject only to minor conforming or clarifying changes acceptable to the City Attorney; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($21,127.56) of the contract award amount. [Submitted by: A. Bettencourt] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. XIII. MAYOR’S REPORT Mayor Sigala yielded some of his time to Vice Mayor Mederos who commented on the passing of long time retired City Employee Pete Chavez who passed away at the age of 96. Mayor Sigala commented on the Mask-Up Central Valley Gift Card Program. 8224 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) 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] Per applicant’s request this item was continued to the meeting of October 6, 2020. b. Census Update PowerPoint. [Submitted by: M. Roache] Librarian Mollie Roache provided a PowerPoint update for the Council on the recent efforts of promoting the U.S. Census. (2) Police: a. Presentation on the Tulare Police Department’s Trespass Enforcement Program (TEP). [Submitted by: W. Hensley] Police Chief Hensley introduced the item and Captain Fred Ynclan who provided a PowerPoint presentation on the Department’s after hours Trespass Enforcement Program for commercial property pursuant to Penal Code 602. Questions and comments posed by Council addressed by Chief Hensley and Captain Ynclan. (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 for the Council’s review and consideration. Comments by Council. XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Nunley requested an update on the Economic Development Program and on the former Redevelopment properties that were sold and what the return on investment has been. It was clarified that this was not an agendized item, rather an informational report. Council requested an item to prohibit truck parking in specified areas be reviewed by the Transportation Management Team. City Engineer Michael Miller advised that he could bring that back to Council via a Resolution. Council concurred that item is to be considered at the October 6, 2020 meeting. 8225 Mayor Sigala requested the City Manager provide a follow up to the County’s response for a request to match Cares Act Funding. XVI. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 8:19 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 15, 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 15, 2020 Page 2 III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): Fire Unions Negotiators: Rob Hunt, Janice Avila, Mario Zamora [Submitted by: J. Avila; M. Zamora] 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 15, 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 September 1, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Approve the cancellation of Tulare City Council meeting scheduled for Tuesday, November 3, 2020, due to a lack of business and Election Night activities. [Submitted by: R. Hunt] (4) Adopt Ordinance 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] (5) Adopt Resolution 2020-45 initiating proceedings and intention to set a public hearing for Landscape Maintenance District 2020-01 for the Farrar Estates subdivision. [Submitted by: M. Miller] (6) Award and authorize the City Manager or designee to sign a contract with Talley Oil, Inc. of Madera, CA, for a total amount of $211,275.60 for the turnkey supply, delivery and application of asphaltic pavement preservation rejuvenating agent; subject only to minor conforming or clarifying changes acceptable to the City Attorney; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($21,127.56) of the contract award amount. [Submitted by: A. Bettencourt] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS 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) 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 AGENDA TULARE CITY COUNCIL September 15, 2020 Page 4 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. Census Update PowerPoint. [Submitted by: M. Roache] (2) Police: a. Presentation on the Tulare Police Department’s Trespass Enforcement Program (TEP). [Submitted by: W. Hensley] (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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