City Council Meeting - Closed Session @ 6 p.m.; Regular Meeting @ 7 p.m.
Regular MeetingTulare, CA · May 5, 2020
Minutes
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ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
May 5, 2020
A closed session of the City Council, City of Tulare was held on Tuesday, May 5,
2020, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North
“M” Street.
COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Greg Nunley(via teleconference)
COUNCIL PRESENT VIA ZOOM: Terry Sayre
COUNCIL ABSENT: Carlton Jones
STAFF PRESENT: Rob Hunt, Mario Zamora(via Zoom/teleconference), Janice Avila, Josh
McDonnell, Wes Hensley, Dave Rossman, Darlene Thompson, Roxanne Yoder
I. CALL TO ORDER CLOSED SESSION
Mayor Sigala called the closed session to order at 6:02 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.
Officer Joel Robertson addressed the Council on behalf of Tulare Police Officer’s
Union and urged the Council to follow the recommendation of the Fact-Finder.
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 6:05 p.m.
(a) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) [Submitted
by: M. Zamora]
Name of Case: City of Tulare and Tulare Police Officers Union (TPOU) Case No.
SA-IM-194-M
(b) 54956.9(b) Conference with Legal Counsel – Significant Exposure to Litigation
(1) threat of litigation by T-Town Smoke Shop regarding closure of essential
businesses [Submitted by: M. Zamora]
IV. RECONVENE CLOSED SESSION
Mayor Sigala reconvened from closed session at 7:27 p.m.
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V. CLOSED SESSION REPORT (if any)
Mayor Sigala advised there was no reportable actions.
VI. ADJOURN CLOSED SESSION
Mayor Sigala advised at 7:27 p.m. that closed session would recess to trail the end of
the regular session.
A regular session of the City Council, City of Tulare was held on Tuesday,
May 5, 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: Terry Sayre, Greg Nunley7:49 p.m.
COUNCIL ABSENT: Carlton Jones
STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora(via Zoom), Wes Hensley,
Dave Rossman, 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 7:28 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Sigala led the Pledge of Allegiance and Deputy City Manager Josh McDonnell
provided an 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.
Roger Wilson, Legal Counsel for the Tulare Police Officer’s Union, addressed the
Council requesting they follow the recommendation of the Fact-Finder.
Donnette Silva-Carter addressed the Council with an update on the Chamber’s
COVID-19 business support efforts.
Euler Torrez addressed the Council regarding efforts of the League of Latino
American Citizens, potential for future street fairs, and urged the Council to support
Tulare Police Officers.
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X. COMMUNICATIONS
There were no items for this section of the agenda.
XI. CONSENT CALENDAR:
It was moved by Vice Mayor Mederos seconded by Council Member Nunley,
and carried 4 to 0 (Council Member Jones absent) that the items on the
Consent Calendar be approved as presented except for items 3 and 9.
(1) Authorization to read ordinances by title only.
(2) Approve minutes of April 21 & April 24, 2020 special/regular meeting.
[Submitted by: R. Yoder]
(3) Adopt Resolution 2020-18 requesting the Board of Supervisors of Tulare
County to consent to permitting the County Registrar of Voters to render
specified services to the city relating to the conduct of the General
Municipal Election of November 3, 2020 and adopt Resolution 2020-19
calling the General Municipal Election and requesting and consenting to
consolidation of elections on November 3, 2020, and setting
specifications of the election order. [Submitted by: R. Yoder] Mayor Sigala
pulled the item to amend the Resolution to request all vote-by-mail for the City,
if possible. Following discussion, it was moved by Mayor Sigala, seconded by
Vice Mayor Mederos, and carried 4 to 0 (Council Member Jones absent) to
adopt Resolutions 2020-18, as amended, and 2020-19, as presented.
(4) Approve the Parcel Map filed by JG Construction and Custom Homes for
the division of land located on the north side of Sandalwood Avenue at
Constitution Street, and accept the 6’ public utility easement shown
thereon. [Submitted by: M. Miller]
(5) Adopt Resolution 2020-20 to grant direct access rights to Cross Avenue
for the easternmost 30 feet of Lot 1 and westernmost 30 feet of Lot 2 of
the Liberty Square Unit No. 10 subdivision. [Submitted by: M. Miller]
(6) Accept a Grant of Easement from Oakmeadow Properties, LLC, a
California Limited Liability Company, for public utility and sidewalk
purposes along the future alignment of Amsterdam Avenue, a private
street located within the Oak Tree Estates subdivision. [Submitted by: M.
Miller]
(7) Approve a short-term deferred improvement agreement with Presidio JJR
Kensington 111, LLC, a Delaware Limited Liability Company, to defer the
required completion of segments of decorative block wall for Phase 1 of
the Willow Glen Estates subdivision located at the northeast corner of
Cartmill Avenue and Devenshire Street.
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(8) Reject the liability claim filed by Rich Grant in the amount of $1,407.08 for
damages to an apartment door and window due to actions taken by Police
Officers while on a call for service. [Submitted by: J. Avila]
(9) Approve the amended project scope and budget for the design and
construction of a new traffic signal and intersection improvements at
Prosperity Avenue and West Street; Authorize the City Manager to sign a
contract amendment with QK of Visalia, CA in an amount not to exceed
$12,500 for design of water and sewer improvements; and authorize the
City Manager or designee to approve contract change orders in an
amount not to exceed 10% of the revised contract amount. [Submitted by:
N. Bartsch] Council Member Nunley recused himself due to business
relationship. With no discussion, it was moved by Mayor Sigala, seconded by
Vice Mayor Mederos and carried 3 to 0 (Council Member Nunley recused;
Council Member Jones absent) to approve the item as presented.
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
There were no items for this section of the agenda.
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.
(1) Public Hearing:
a. Public Hearing to consider the adoption of a Resolution of Necessity to
acquire property by eminent domain for portions of certain properties
located along Aronian Street between Kern Avenue and Tulare Avenue
(State Route 137); adopt Resolution of Necessity 2020-21 for portions of
APN 177-190-002, 177-200-008 and APN 177-200-009; authorizing the
City Attorney to take the steps necessary to finalize the acquisition of
the public right of way for the Project through eminent domain.
[Submitted by: N. Bartsch] Senior Project Manager Nick Bartsch provided
a report for the Council’s review and consideration. Mayor Sigala opened the
public hearing at 8:45 p.m.; with no public comment, he closed the public
hearing at 8:47 p.m. Following the presentation, it was moved by Vice Mayor
Mederos, seconded by Council Member Sayre and carried 4 to 0 (Council
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Member Jones absent) to adopt Resolution of Necessity 2020-21, as
presented.
b. Public Hearing to adopt Resolution 2020-22 adopting the City of Tulare’s
Final Program Year 2020-2024 Five-Year Consolidated Plan, Final
Analysis of Impediments to Fair Housing Choice, 2020-2021 Annual
Action Plan, and 2019-2020 Action Plan Amendment II and direct staff to
execute necessary authorizations for submittal of the documentation to
the U.S. Department of Housing and Urban Development (HUD).
[Submitted by: T. Myers] Community and Economic Development Director
Traci Myers provided a report for the Council’s review and consideration.
Mayor Sigala opened the public hearing at 8:51 p.m.; with no public comment,
he closed the public hearing at 8:53 p.m. Following the presentation, it was
moved by Vice Mayor Mederos, seconded by Council Member Sayre and
carried 4 to 0 (Council Member Jones absent) to adopt Resolution 2020-22,
as presented.
(2) Community and Economic Development:
a. Council consideration to adopt Resolution 2020-23 approving the
modification of the City’s 2018-2019 grant application to the California
Department of Housing and Community Development (HCD) for 2018
HOME Investment Partnerships Program funds to include a Tenant-
Based Rental Assistance Program and authorize the City Manager or
his/her designee(s) to execute, in the name of the City, all required
documents. [Submitted by: T. Myers] Community and Economic
Development Director Traci Myers provided a report for the Council’s review
and consideration. Questions and comments posed by Council addressed by
staff. Following the presentation and with no public comment, it was moved
by Vice Mayor Mederos, seconded by Council Member Sayre and carried 4 to
0 (Council Member Jones absent) to adopt Resolution 2020-23, as presented.
(3) City Manager:
a. Update, discussion and receive direction, if necessary, regarding
COVID-19, etc. [Submitted by: R. Hunt] Mayor Sigala moved this item up
on the agenda prior to the Consent Calendar. Tulare County Public Health
Director Karen Elliott and Tulare County Health and Human Services Agency
Director Tim Lutz joined via Zoom to address the Council regarding the
County’s COVID-19 efforts. Questions and comments posed by Council
addressed by Ms. Elliott and Mr. Lutz.
The Council and staff discussed this item further at its appropriate location on
the agenda.
XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3)
Mayor Sigala reconvened closed session at 9:26 p.m.
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Mayor Sigala adjourned closed session and reconvened the regular session, advising
there was no reportable action.
XVII. ADJOURN REGULAR MEETING
Mayor Sigala adjourned the regular meeting at 10:37 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, MAY 5, 2020
Closed Session 6:00 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.
6:00 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
May 5, 2020
Page 2
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
(a) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) [Submitted
by: M. Zamora]
Name of Case: City of Tulare and Tulare Police Officers Union (TPOU) Case No.
SA-IM-194-M
(b) 54956.9(b) Conference with Legal Counsel – Significant Exposure to Litigation
(1) threat of litigation by T-Town Smoke Shop regarding closure of essential
businesses [Submitted by: 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.
AGENDA
TULARE CITY COUNCIL
May 5, 2020
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 April 21 & April 24, 2020 special/regular meeting. [Submitted
by: R. Yoder]
(3) Adopt Resolution 2020-18 requesting the Board of Supervisors of Tulare
County to consent to permitting the County Registrar of Voters to render
specified services to the city relating to the conduct of the General Municipal
Election of November 3, 2020 and adopt Resolution 2020-19 calling the
General Municipal Election and requesting and consenting to consolidation of
elections on November 3, 2020, and setting specifications of the election order.
[Submitted by: R. Yoder]
(4) Approve the Parcel Map filed by JG Construction and Custom Homes for the
division of land located on the north side of Sandalwood Avenue at Constitution
Street, and accept the 6’ public utility easement shown thereon. [Submitted by:
M. Miller]
(5) Adopt Resolution 2020-20 to grant direct access rights to Cross Avenue for the
easternmost 30 feet of Lot 1 and westernmost 30 feet of Lot 2 of the Liberty
Square Unit No. 10 subdivision. [Submitted by: M. Miller]
(6) Accept a Grant of Easement from Oakmeadow Properties, LLC, a California
Limited Liability Company, for public utility and sidewalk purposes along the
future alignment of Amsterdam Avenue, a private street located within the Oak
Tree Estates subdivision. [Submitted by: M. Miller]
(7) Approve a short-term deferred improvement agreement with Presidio JJR
Kensington 111, LLC, a Delaware Limited Liability Company, to defer the
required completion of segments of decorative block wall for Phase 1 of the
Willow Glen Estates subdivision located at the northeast corner of Cartmill
Avenue and Devenshire Street.
AGENDA
TULARE CITY COUNCIL
May 5, 2020
Page 4
(8) Reject the liability claim filed by Rich Grant in the amount of $1,407.08 for
damages to an apartment door and window due to actions taken by Police
Officers while on a call for service. [Submitted by: J. Avila]
(9) Approve the amended project scope and budget for the design and construction
of a new traffic signal and intersection improvements at Prosperity Avenue and
West Street; Authorize the City Manager to sign a contract amendment with QK
of Visalia, CA in an amount not to exceed $12,500 for design of water and sewer
improvements; and authorize the City Manager or designee to approve contract
change orders in an amount not to exceed 10% of the revised contract amount.
[Submitted by: N. Bartsch]
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
XIII. MAYOR’S REPORT
XIV. 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.
(1) Public Hearing:
a. Public Hearing to consider the adoption of a Resolution of Necessity to
acquire property by eminent domain for portions of certain properties located
along Aronian Street between Kern Avenue and Tulare Avenue (State Route
137); adopt Resolution of Necessity 2020-21 for portions of APN 177-190-
002, 177-200-008 and APN 177-200-009; authorizing the City Attorney to
take the steps necessary to finalize the acquisition of the public right of way
for the Project through eminent domain. [Submitted by: N. Bartsch]
b. Public Hearing to adopt Resolution 2020-22 adopting the City of Tulare’s
Final Program Year 2020-2024 Five-Year Consolidated Plan, Final Analysis
of Impediments to Fair Housing Choice, 2020-2021 Annual Action Plan, and
2019-2020 Action Plan Amendment II and direct staff to execute necessary
authorizations for submittal of the documentation to the U.S. Department of
Housing and Urban Development (HUD). [Submitted by: T. Myers]
(2) Community and Economic Development:
a. Council consideration to adopt Resolution 2020-23 approving the
modification of the City’s 2018-2019 grant application to the California
Department of Housing and Community Development (HCD) for 2018 HOME
Investment Partnerships Program funds to include a Tenant-Based Rental
Assistance Program and authorize the City Manager or his/her designee(s) to
AGENDA
TULARE CITY COUNCIL
May 5, 2020
Page 5
execute, in the name of the City, all required documents. [Submitted by: T.
Myers]
(3) City Manager:
a. Update, discussion and receive direction, if necessary, regarding COVID-19,
etc. [Submitted by: R. Hunt]
XVI. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3)
XVII. 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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