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

8086 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE December 3, 2019 A closed session of the City Council, City of Tulare was held on Tuesday, December 3, 2019, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Terry A. Sayre COUNCIL ABSENT: Carlton Jones, Greg Nunley STAFF PRESENT: Rob Hunt, Megan Dodd, Tim Thompson (Special Counsel), Josh McDonnell, Janice Avila, Michael Miller, Jim Funk, Nick Bartsch I. CALL TO ORDER CLOSED SESSION Mayor Sigala called the closed session to order at 6:00 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 on the agenda at 6:02 p.m. (1) 54956.9(d)(2) & (e)(3) Conference with Legal Counsel – Anticipated Litigation Six (6) items of anticipated litigation (2) 54956.9(d)(2) & (e)(2) Conference with Legal Counsel – Anticipated Litigation (1) Complaint made by existing City employee (3) 54956.9(d)(4) Conference with Legal Counsel – Anticipated Litigation Two (2) items of anticipated litigation (4) 54956.8b Conference with Real Property Negotiators Property: located at the intersection of Oaks Street and Prosperity Avenue Under Negotiation: Price, terms and conditions of purchase Negotiating parties: Rob Hunt, Mario Zamora, Michael Miller, Jim Funk  8087 Vice Mayor Mederos recused himself from discussions due to property ownership for Item 5, creating a quorum issue, as such this matter trailed to the end of the meeting to allow Council Member Jones’ attendance to makeup the Council’s quorum. (5) 54956.8b Conference with Real Property Negotiators Property: located along Cartmill Avenue between De La Vina Street and Mooney Boulevard. (APN#149-060-029), (APN#149-380-031) and (APN#149- 390-022) Under Negotiation: Price, terms and conditions of purchase Negotiating parties: Rob Hunt, Mario Zamora, Josh McDonnell, Michael Miller, Nick Bartsch, Will Washburn IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:03 p.m. V. CLOSED SESSION REPORT (if any) Mayor Sigala advised there was no reportable action. 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, December 3, 2019, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Terry A. Sayre, Carlton Jones8:33 p.m. COUNCIL ABSENT: Greg Nunley STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Tim Thompson (Special Counsel), Wes Hensley, Luis Nevarez, Janice Avila, Steve Bonville, Craig Miller, Michael Miller, Traci Myers, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Jim Funk, Roxanne Yoder VII. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:03 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Jason Bender led the Pledge of Allegiance and an invocation was given by Josh McDonnell.  8088 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. Euler Torrez, ROOX Agency, addressed the Council regarding their planning efforts for Viva Downtown Tulare events and future Census efforts. Donnette Silva-Carter, Chamber CEO, addressed the Council regarding the upcoming Business after Hours and Holiday Open House on December 12, 5:30 to 7 p.m. and introduced the Leadership Tulare 2019/20 class. Lastly, Ms. Silva-Carter commented on the Annual Chamber Awards to be held on January 24, 2020. Manuel Martinez addressed the Council with frustration over a homeless woman that is going to the restroom in public. X. COMMUNICATIONS City Manager Rob Hunt advised Council that we are in receipt of a Resolution from the Tulare Joint Union High School District in opposition of General Business Public Hearing Item 1b (Cannabis Ordinance). The communication to be taken up at that time. 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 November 19, 2019 special/regular meeting(s). [Submitted by: R. Yoder] (3) Authorize the City Manager to sign a contract change order with Agee Construction, Inc. of Clovis, CA in an amount not to exceed $102,649.57 for additional street improvements associated with Project EN0076, “O” Street Improvement Project between Bardsley Avenue and Pleasant Avenue; Approve the revised project budget (attached) and accept as complete the contract with Agee Construction, Inc. for work on Project EN0076. Authorize the City Engineer to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [Submitted by: J. Funk]  8089 (4) Receive, review, and file the Monthly Investment Report for October 2019. [Submitted by: D. Thompson] (5) Adopt Ordinance 19-11 amending Chapter 3.08 of Title 3 of the City Code, Fire Prevention Code, pertaining to the California Fire Code (CFC). [Submitted by: R. Leonardo] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS There were no items for this section of the agenda. XIII. MAYOR’S REPORT There were no items for this section of the agenda. XIV. STUDENT REPORTS (1) Introduction of Teens on Board City Council representatives Araceli Espinoza, Tulare Western, Jr.; Amber Munoz, Tulare Western Sr. and Sebastian Pires, Tulare Western, Jr.; and student reports. 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. Due to the absence of two Council Members, Items 1b and 2a were taken out of order. (1) Public Hearing: [Council Member Jones arrived at 8:33 p.m.] 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. City Manager Rob Hunt provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:30 p.m. Laura Fonseca, Tulare Joint Union High School District Board Member addressed the Council on behalf of the Board and a Resolution they passed and highlighted three key points from same that outline statistics and the concerns over the use of cannabis in youth. The text of Resolution 2020-05 adopted November 21, 2019, by the Board is as follows:  8090 Chase Landers addressed the Council on the pros and cons of recreational cannabis. Frank Arano addressed the Council in support of recreational cannabis. Gabriel Jacquez addressed the Council in opposition of recreational cannabis. Adrianna Hooker-McGrew addressed the Council in support of recreational cannabis.  8091 Jonathan Reyes addressed the Council in support of recreational cannabis. With no further public comment, Mayor Sigala closed the public hearing at 8:51 p.m. Student Members Sebastian Pires, Araceli Espinoza and Amber Munoz commented on the ease of access and use on campus. Questions and comments were made by the Council. It was moved by Council Member Jones, seconded by Council Member Sayre and carried 3 to 1 (Vice Mayor Mederos voting no; Council Member Nunley absent) to pass- to-print Ordinance 19-12, as presented. [The following Public Hearing was held and closed on October 22, 2019. Staff was directed to meet with the Building Industry Association. The item was continued to December 3, 2019, to consider the adoption of a Resolution & Ordinance related to same.] b. Identify preferred alternative and consider adoption of Resolution 19-47 to establish new Development Impact Fees for residential development in the City of Tulare with direction to pass-to-print Ordinance 19-08 for the repeal and replacement of Chapter 8.56 of title VIII of the Municipal Code pertaining to development impact mitigation fees. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for the Council’s review and consideration. Mayor Sigala re-opened the public hearing at 7:26 p.m. Brian Todd, BIA, addressed the Council in support of staff’s recommendation. With no further public comment, Mayor Sigala closed the public hearing at 7:28 p.m. Questions and comments posed by Council were addressed by City Manager Hunt. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 3 to 0 (Council Members Jones and Nunley absent) to adopt Resolution 19-47 approving Option 2 (Community Parks) as presented; it was further moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 3 to 0 (Council Members Jones and Nunley absent) to pass-to-print Ordinance 19-08, as presented. (2) Engineering: a. Consider a request by Del Lago Place, LLC to grant a time extension for completion of public improvements for the Tesori subdivision, and if approved, authorize the City Manager to enter an amended subdivision improvement agreement reflecting said extension. [Submitted by: M. Miller] Assistant City Attorney Megan Dodd recused herself on this matter. Special Counsel Tim Thompson was seated in her stead. City Engineer Michael Miller provided a report for the Council’s review and consideration.  8092 Mr. Ron Jones of Kahn, Soares and Conway addressed the Council and advised that he had been retained to represent Mr. Bullock, but since has determined that his firm has a conflict and is no longer able to represent Mr. Bullock. Mr. Bullock addressed the Council and requested a 90-day extension to find representation. Vice Mayor Mederos requested that the audio of the May 2, 2017, City Council meeting specific to the Bella Oaks Subdivision item be played. Following the playback of this 30-minute audio section, comments and questions were posed by the Council. Mr. Bullock briefly addressed. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 2 to 1 (Mayor Sigala voting no) to allow a three-month extension to allow the developer to complete all items as outlined in the punch-list provided by the City Engineer. XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Mayor Sigala requested the following items for future meetings as noted: Presentation and Discussion on the Census January 7, 2020. Study Session regarding next steps on Cannabis process February 4, 2020. It was unanimously approved by the members present (Council Member Nunley absent) to add the proposed items as requested. XVII. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session for the remaining item that was trailed from the 6 p.m. session at 9:27 p.m., as noted. Vice Mayor Mederos remained recused on this item. (5) 54956.8b Conference with Real Property Negotiators Property: located along Cartmill Avenue between De La Vina Street and Mooney Boulevard. (APN#149-060-029), (APN#149-380-031) and (APN#149- 390-022) Under Negotiation: Price, terms and conditions of purchase Negotiating parties: Rob Hunt, Mario Zamora, Josh McDonnell, Michael Miller, Nick Bartsch, Will Washburn XVIII. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 9:54 p.m.  8093 XIX. CLOSED SESSION REPORT (if any) Mayor Sigala advised there was no reportable action. XX. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 9:54 p.m. XXI. REGULAR MEETING Mayor Sigala adjourned the regular meeting at 9:54 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