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

8142 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE March 17, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, March 17, 2020, 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, Mario Zamora, Mandy Jeffcoach, Josh McDonnell, Wes Hensley, Michael Miller, Roxanne Yoder 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 by City Attorney Mario Zamora at 6:02 p.m. (a) 54956.9(d)(2) & (e)(2) Conference with Legal Counsel – Anticipated Litigation One (1) item of anticipated litigation [This involves the Agreement and Undertaking between the City and Del Lago Place LLC, the status of the improvement and a potential claim on bond.] (b) 54956.9(b) Conference with Legal Counsel – Anticipated Litigation One (1) item of significant exposure. [Threat of litigation by Meena Reddy against City regarding home owners association in Tesori subdivision.] [Submitted by: M. Zamora] IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:00 p.m.  8143 V. CLOSED SESSION REPORT (if any) Mayor Sigala advised there was no reportable action. VI. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 7:01 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, March 17, 2020, 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, Greg Nunley COUNCIL ABSENT: Carlton Jones STUDENTS ABSENT: Aracelli Espinoza, Amber Munoz, Sebastian Pires STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Wes Hensley, Luis Nevarez, Janice Avila, Michael Miller, Traci Myers, Craig Miller, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Roxanne Yoder VII. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:01 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Sigala led the Pledge of Allegiance and an invocation was given by Council Member Sayre. 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. Mayor Sigala commented and expressed thanks for understanding the social distancing efforts of the Chamber’s seating arrangements. Further, he offered comments regarding the property located at Nelder Grove and Alpine. Vice Mayor Mederos commented on the property located at Nelder Grove and Alpine and his previous recusal on the matter. He noted that upon further review he has determined that his property in that area is outside the 500 foot ownership determination and any future decisions regarding same will have no financial impact.  8144 Donnette Silva-Carter addressed the Council regarding the Chamber’s efforts regarding COVID-19 and its impact on businesses. The following individuals addressed the Council regarding concerns over the property located at Nelder Grove and Alpine, requesting curb, gutter, sidewalk, greenspace, as well as requesting to have an item agendized for future agenda for further discussion about its use: Danielle Evenson, Patrick Isherwood, Rosemary Caso, Martin Turrubiates, George Herrera, Andrew Woodley, Gina Rodriguez, Frank Rodriguez and Lisa Pursell. Chase Landers addressed the Council regarding the COVID-19 response. X. COMMUNICATIONS There were no items for this section of the agenda. XI. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Vice Mayor Mederos and unanimously carried 4 to 0 (Council Member Jones absent) that the items on the Consent Calendar be approved as presented, except items 4. (1) Authorization to read ordinances by title only. (2) Approve minutes of March 3, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Notification of Council Member Sayre’s travel with the Tulare County Association of Governments Washington, D.C. One Voice Trip delegation. [Submitted by: R. Hunt] (4) Accept the required public works improvements for the Sierra Vista Estates No. 2 Subdivision located south of Bardsley Avenue, between Mooney Boulevard and Irwin Street as complete, 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: M. Miller] Consent Item 4 was pulled by staff. It will be rescheduled at a future time. (5) Adopt Resolution 2020-07, which includes the 2020/21 Road Maintenance and Rehabilitation Account (RMRA) funds in the City’s 2020/21 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those revenues as funded through Senate Bill No. 1 (SB 1). [Submitted by: N. Bartsch]  8145 (6) Award and authorize the City Manager to execute a contract for the Storm Sewer Lift Stations Upgrades Project (Project SD0016, 0017, 0018) to Valley Pump & Dairy Systems, Inc. of Tulare, California in the amount of $370,345.00 (base bid only); and authorize the City Manager, or designee, to approve contract change orders in amounts up to 10% ($37,034.50) of the contract awards. [Submitted by: J. Funk] (7) Accept receipt of FY19 State Homeland Security Grant Program (SHSGP) from DHS in the amount of $33,671 with a City match of $6,148; authorize an appropriation to purchase thirty-nine (39) sets of Firefighter Ballistic Protective Equipment, each set including vest, helmet, and identification patches. [Submitted by: C. Long] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS The following items have been pulled from the agenda and subject to rescheduling. (1) Certificates of Recognition to the Mission Oak Competition Cheer Team National Champions at the USA National Spirit Competition February 14 – 16, 2020. (2) Proclamation Presentation to the Tulare Historical Society and Historical Museum recognizing Tulare’s Poet Laureate Wilma Elizabeth McDaniel and declaring Saturday, March 28 at the Wilma Elizabeth McDaniel Day in honor of being bestowed the distinction of a California Literary Landmark posthumously. (3) Proclamation presentation in recognition of Arbor Day. XIII. MAYOR’S REPORT Mayor Sigala reported on a trip that he and Council Member Sayer made to meet with Senator Groves, staff from both Assembly Member Mathis and Governor Newsom offices concerning homelessness in the City. He noted that the meetings went well and that more trips regarding same will be made in the future. XIV. STUDENT REPORTS There were no students present to provide 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.  8146 (1) Public Hearing: [Continued Public Hearing from March 3, 2020.] 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. [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 7:37 p.m. Todd Winter addressed the Council with concerns regarding fees that would be assessed on businesses and the impact it would have on the existing dispensaries, as well as, concerns with having to wait for the RFP process. Mayor Sigala closed the public hearing at 7:50 p.m. Following comments, it was moved by Mayor Sigala, seconded by Council Member Sayre and carried 3 to 1 (Council Member Nunley voting no; Council Member Jones absent) to continue the item to the meeting of April 7, 2020. b. Appeal Hearing to Adopt Resolution 2020-08 on upholding or denying the appeal of the City Engineer’s decision to deny an encroachment permit for construction of a new driveway approach on Cross Avenue for the property located at 1101 N. Lincoln Street. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for the Council’s review and consideration. The appellant was not in attendance. Following discussion, it was moved Vice Mayor Mederos, seconded by Mayor Sigala and failed 2 to 2 (Council Members Nunley and Sayre voting no; Council Member Jones absent) to deny the appeal. It was further moved by Council Member Nunley, seconded by Council Sayre and failed 2 to 2 (Mayor Sigala and Vice Mayor Mederos voting no; Council Member Jones absent) to continue this item for discussion to April 7. (2) City Manager: a. Discussion and direction regarding the nomination and appointment of a City of Tulare representative to the Tulare County Association of Governments (TCAG) Measure “R” Citizen’s Oversight Committee. [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 4 to 0 (Council Member Jones absent) directing staff to notice solicitation of Letters of Intent to serve due by May 1, 2020, with an item to be considered by the Council at the May 19 meeting. b. Staff update and discussion regarding COVID-19. [Submitted by: R. Hunt] Deputy City Manager Josh McDonnell provided a PowerPoint presentation for the Council’s review and consideration. Josh Yeager of the Visalia Times Delta commented on the County Health Department’s directive to close bars. Questions and comments posed by Council addressed by  8147 staff. It was moved by Vice Mayor Mederos, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to direct staff to close to the public the Tulare Public Library, Senior Center and such other facilities as determined by the City Manager through April 13, 2020, of such time as determined by the COVID-19 City Task Force. c. Urgency Item - Adopt Resolution 2020-09 ratifying the Fire Chief’s declaration of local emergency. City Attorney Mario Zamora provided a report for the Council’s review and consideration and read the Resolution into the record. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to adopt Resolution 2020-09, as presented. (3) Transit: a. Receive a brief presentation and provide direction and appropriate comments for consideration and incorporation into the Tulare County Association of Governments (TCAG) Draft Joint Powers Agreement establishing a regional transit agency. [Submitted by: J. McDonnell] Deputy City Manager Josh McDonnell provided a report for the Council’s review and consideration. With no additional comments by Council, the item was for informational purposes only, no action is necessary. (4) Engineering: a. Award and authorize the City Manager to sign a contract with 99 Pipeline Inc. of Porterville, CA in an amount not to exceed $4,799,800.62 for street and utility improvements associated with Project EN0086, a street and utility improvement project on Tulare Avenue; Approve the revised project budget (attached); Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($479,980.06) of the contract award amount. [Submitted by: N. Bartsch] Council Member Nunley recused himself from the item due to a business relationship and left the meeting. Senior Project Manager Nick Bartsch provided a report for the Council’s review and consideration. Questions and comments posed by Council addressed by staff. 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 approve the item as requested. b. Receive an update from staff regarding the status of public improvements conditionally required for the Tesori subdivision. [Submitted by: M. Miller] Council Member Nunley recused himself from the item due to a business relationship and left the meeting. City Engineer Michael Miller provided an update to the Council for review and consideration. Comments by Council addressed by staff.  8148 XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Prior to Council Member Nunley leaving on General Business Items 4 a and b, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to add to a future agenda, upon the relaxation of restrictions on meeting congregations related to COVID-19, a full review and discussion on a consideration of a proposed Alpine Park Project by either the City, the School District or via Prop 218, etc. XVII. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 9:40 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