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

Regular Meeting

Tulare, CA · March 2, 2021

AgendaMinutes

Minutes

8279 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE March 2, 2021 A closed session of the City Council, City of Tulare was held on Tuesday, March 2, 2021, at 6:30 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Jose Sigala, Stephen C. Harrell, Patrick Isherwood STAFF PRESENT: Rob Hunt, Mario Zamora, Josh McDonnell, Janice Avila, Jason Bowling, Clay Roberts, Roxanne Yoder 6:30 p.m. I. CALL TO ORDER CLOSED SESSION Mayor Mederos called closed session to order at 6:30 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. III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Mederos adjourned to closed session at 6:31 p.m. for the items as stated by City Attorney Mario Zamora. (a) 54956.9(b) Conference with Legal Counsel – Anticipated Litigation (1) Name of Case: Jose Valencia vs. City of Tulare, Worker’s Compensation Case FR 180467 IV. RECONVENE CLOSED SESSION Mayor Mederos reconvened from closed session at 6:57 p.m. V. CLOSED SESSION REPORT (if any) Mayor Mederos advised there was no reportable action. VI. ADJOURN CLOSED SESSION Mayor Mederos adjourned closed session at 6:57 p.m. 8280 A regular session of the City Council, City of Tulare was held on Tuesday, March 2, 2021, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Jose Sigala, Stephen C. Harrel, Patrick Isherwood STAFF PRESENT: Rob Hunt, Mario Zamora, Josh McDonnell, Michael Miller, Darlene Thompson, Trisha Whitfield, Wes Hensley, Luis Nevarez, Traci Myers, Janice Avila, Clay Roberts, Jason Bowling, Nick Bartsch, Jim Funk, Dave Rossman, Roxanne Yoder VII. CALL TO ORDER REGULAR SESSION Mayor Mederos called the regular session to order at 7:00 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Harrell led the Pledge of Allegiance and Council Member Isherwood led the invocation. IX. CITIZEN COMMENTS Mayor Mederos 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. Gary Tuttle addressed the Council requesting a timeline of when staff were notified about a burned trash receptacle along the trail East of Blackstone and when it was removed. Donnette Silva-Carter addressed the Council updating them on Chamber efforts. “Sam” addressed the Council with concerns about the disbursement of the homeless encampments and related issues. X. COMMUNICATIONS XI. CONSENT CALENDAR It was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 6 & 7. (1) Authorization to read ordinances by title only. 8281 (2) Approve minutes of February 16, 2021 special/regular meeting(s) [Submitted by: R. Yoder] (3) Approve an agreement with National Demographics Corporation (NDC) to provide City Council Redistricting Services for the City of Tulare in accordance with Assembly Bill 849 (Fair Maps Act) and Assembly Bill 1276 (Local Redistricting) in an amount up to $35,000 and authorize the City Manager to execute same. [Submitted by: R. Hunt & R. Yoder] (4) Confirm the appointment of Charlie Ramos to the Police Review Board by Council Member Steven C. Harrell for a term ending December 31, 2022. [Submitted by: R. Hunt & R. Yoder] (5) Adopt Ordinance 2021-01 amending Municipal Code Section 9.12.010 of Chapter 9.12 of Title 9 pertaining to the established speed limits in the City of Tulare. [Submitted by: M. Miller] (6) Adopt Resolutions 2021-07 and 2021-08 initiating proceedings for the formation of Landscape Maintenance District 2021-01 for the Oakcrest subdivision, and setting March 16, 2021 as the date for a public hearing regarding the same. [Submitted by: M. Miller] Council Member Sigala pulled the item to comment on whether traffic calming measures could be assessed. City Engineer Michael Miller responded thereto. Council Member Sigala indicated that he would seek a future item for consideration of creating a policy to that effect. Following comment, it was moved by Council Member Sigala, seconded by Council Member Isherwood, and unanimously carried to adopt Resolutions 2021-07 and 2021-08 as presented. (7) Authorize the City Manager to execute the final agreement with Federal Railroad Administration pertaining to the 2020 Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program grant, approve the related project budget for EN0093; and Award an engineering services contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $89,945; and Authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($8,995) of the contract award amount. [Submitted by: N. Bartsch] Council Member Sigala pulled the item to thank staff for their efforts on this project. With no further discussion, it was moved by Mayor Mederos, seconded by Council Member Sigala, and unanimously carried to approve the item as presented. (8) Receive the monthly investment report for January 2021. [Submitted by: D. Thompson] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Update and introduction by Tulare County Board Supervisor, District 2, Pete Vander Poel, III. Board Supervisor Vander Poel acknowledged key County officials present at the meeting, County Administrative Officer Jason Britt, Health & Human Services Director Tim Lutz, and Public Health Director Karen Elliott, 8282 and addressed the Council regarding the County’s COVID-19 efforts, funding received and subsequent allocations related thereto. He further requested that the City consider a letter of support in making the International Agri-Center a super site for the administering of the COVID-19 vaccine. City Manager Rob Hunt and City Attorney Mario Zamora advised that such a request is in line with their Legislative Guiding Principles Policy and as such, no action is required so long as no objection exists in following that Policy for this request. Hearing no objection, staff will work on the finalization and distribution of the Letter of Support. Questions and comments posed by Council Member Sigala were addressed by Supervisor Vander Poel. (2) Tulare County Health and Human Services Agency (HHSA) presentation. Karen Elliott, Tulare County Public Health Director, provided a PowerPoint presentation on their efforts, specific to the City of Tulare. Questions and comments posed by Council were addressed by Ms. Elliott. (3) Engineering Project Management Capital Improvement Projects update. [Submitted by: M. Miller and N. Bartsch] Senior Project Manager Nick Bartsch provided a PowerPoint presentation for the Council’s review and consideration. XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST - G.C. 54954.2(3) 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) Engineering: a. Update the City Council on the status of the Pleasant Avenue Improvement Project (EN0084) and the need to form an underground utility district. No action required. City Engineer Michael Miller provided an update for the Council’s review and consideration. Questions and comments posed by Council addressed by staff. No action required. (2) City Attorney: a. Discussion regarding termination of the line of credit with the Tulare Local Healthcare District prior to its expiration date of February 19, 2022 and provide direction to staff. [Submitted by: M. Zamora – requested by Council at the 2/15/2021 meeting] City Attorney Mario Zamora provided a report for the Council’s review and consideration. Questions and comments posed by Council were addressed by staff. It was the consensus of the Council to take no action on this item and allow it to naturally sunset per the agreement. 8283 (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. Questions and comments made by Council and staff. XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(3) XVI. ADJOURN REGULAR MEETING Mayor Mederos adjourned the regular meeting at 8:54 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, MARCH 2, 2021 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 March 2, 2021 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): (a) 54956.9(b) Conference with Legal Counsel – Anticipated Litigation (1) Name of Case: Jose Valencia vs. City of Tulare, Worker’s Compensation Case FR 180467 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. AGENDA TULARE CITY COUNCIL March 2, 2021 Page 3 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. 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 February 16, 2021 special/regular meeting. [Submitted by: R. Yoder] (3) Approve an agreement with National Demographics Corporation (NDC) to provide City Council Redistricting Services for the City of Tulare in accordance with Assembly Bill 849 (Fair Maps Act) and Assembly Bill 1276 (Local Redistricting) in an amount up to $35,000 and authorize the City Manager to execute same. [Submitted by: R. Hunt & R. Yoder] (4) Confirm the appointment of Charlie Ramos to the Police Review Board by Council Member Steven C. Harrell for a term ending December 31, 2022. [Submitted by: R. Hunt & R. Yoder] (5) Adopt Ordinance 2021-01 amending Municipal Code Section 9.12.010 of Chapter 9.12 of Title 9 pertaining to the established speed limits in the City of Tulare. [Submitted by: M. Miller] (6) Adopt Resolutions 2021-07 and 2021-08 initiating proceedings for the formation of Landscape Maintenance District 2021-01 for the Oakcrest subdivision, and setting March 16, 2021 as the date for a public hearing regarding the same. [Submitted by: M. Miller] (7) Authorize the City Manager to execute the final agreement with Federal Railroad Administration pertaining to the 2020 Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program grant, approve the related project budget for EN0093; and Award an engineering services contract with Peters Engineering AGENDA TULARE CITY COUNCIL March 2, 2021 Page 4 Group of Clovis, CA in an amount not to exceed $89,945; and Authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($8,995) of the contract award amount. [Submitted by: N. Bartsch] (8) Receive the monthly investment report for January 2021. [Submitted by: D. Thompson] XII. SCHEDULED PRESENTATIONS (1) Update and introduction by Tulare County Board Supervisor, District 2, Pete Vander Poel, III. (2) Tulare County Health and Human Services Agency (HHSA) presentation. (3) Engineering Project Management Capital Improvement Projects update. [Submitted by: M. Miller and N. Bartsch] XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(3) 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) Engineering: a. Update the City Council on the status of the Pleasant Avenue Improvement Project (EN0084) and the need to form an underground utility district. No action required. (2) City Attorney: a. Discussion regarding termination of the line of credit with the Tulare Local Healthcare District prior to its expiration date of February 19, 2022 and provide direction to staff. [Submitted by: M. Zamora – requested by Council at the 2/15/2021 meeting] (3) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(3) AGENDA TULARE CITY COUNCIL March 2, 2021 Page 5 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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