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

Regular Meeting

Tulare, CA · May 19, 2020

AgendaMinutes

Minutes

8173 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE May 19, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, May 19, 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(6:15 p.m.) 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, Luis Nevarez, Darlene Thompson, Roxanne Yoder I. CALL TO ORDER CLOSED SESSION Mayor Sigala called the closed session to order at 6:03 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 6:08 p.m. (a) 54956.8b Conference with Real Property Negotiators Property: Tulare County Courthouse property APN #176-062-014, 425 East Kern Ave and an adjacent parking lot, APN # 176-063-021 Under Negotiation: Direction regarding potential purchase of property Negotiating parties: Rob Hunt, Mario Zamora, Josh McDonnell, Darlene Thompson [Submitted by: J. McDonnell] (b) 54956.8b Conference with Real Property Negotiators Property: Southeast corner of Kern Avenue and K Street (APN #176-400-010) Under Negotiation: Direction regarding potential sale of property Negotiating parties: Rob Hunt, Mario Zamora, Josh McDonnell, Darlene Thompson [Submitted by: J. McDonnell] (c) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) [Submitted by: M. Zamora] 8174 Name of Case: City of Tulare and Tulare Police Officers Union (TPOU) Case No. SA-IM-194-M IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:12 p.m. V. CLOSED SESSION REPORT (if any) City Attorney Zamora advised there was no reportable actions. VI. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 7:13 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, May 19, 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: Terry Sayre, Carlton Jones(6:42 p.m.) STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora(via Zoom), 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 7:13 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Sigala led the Pledge of Allegiance and held 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 regarding the Chamber’s efforts related to COVID-19 and businesses. Chuck Miguel addressed the Council regarding the Strategic Action Committee on Homelessness and a possibility of refocusing their efforts. 8175 Chase Landers addressed the Council over several concerns. Javier Quiroz addressed the Council with concerns over the homeless. X. COMMUNICATIONS City Manager Rob Hunt advised that Consent Item 4 will be pulled and reviewed at the Council’s Special Budget Meeting on May 28; further he advised that General Business Public Hearing Item 1b is pulled, for staff to work on the changing information regarding this item. Council, at the time the item is before them on the can move to continue to a date and time certain to preserve notice. XI. CONSENT CALENDAR: It was moved by Council Member Nunley seconded by Council Member Sayre, and unanimously carried that the items on the Consent Calendar be approved as presented except for items 4 and 11. (1) Authorization to read ordinances by title only. (2) Approve minutes of May 5, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Authorize the City Manager to execute Agreement Supplement No. 11, in the annual amount of $60,000 plus 4.8% administrative costs and expenses, with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects. [Submitted by: R. Hunt] Mayor Sigala and City Manager Hunt complimented Richard Harmon’s and Townsend Public Affairs efforts for the City. Comments by Mr. Harmon. (4) Approve Administrative Policy 13-02 revising the City of Tulare Budget Policies & Practices. [Submitted by: R. Hunt] City Manager Rob Hunt advised that Consent Item 4 will be pulled and reviewed at the Council’s Special Budget Meeting on May 28. (5) Approve the final map and subdivision improvement agreement for the Oak Tree Estates subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller] (6) Accept street and oulot dedication and right of way along south side of Bardsley Avenue, west of Mooney Boulevard. Additionally, accept a grant of easement for a public utility easement for utility purposes associated with the Bardsley Retail Center development, and authorize the City Manager or his designee to sign Certificates of Acceptance for the same. [Submitted by: M. Miller] 8176 (7) Accept a Grant Deed from the County of Tulare for a segment of vacated street right-of-way along the former alignment of Drive 103 north of Cartmill Avenue. Authorize the City Manager to sign the Certificate of Acceptance. [Submitted by: M. Miller] Council Member Nunley pulled the item to declare a property ownership conflict. With no further comment it was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley recused) to approve the item as presented. (8) Accept as complete the contract with Yarbs Grading and Paving, Inc. of Fresno, CA for work on Project EN0082, a street and utility improvement project on Sacramento Street and Maple Avenue. 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: N. Bartsch] (9) Receive the monthly investment report for April 2020. [Submitted by: D. Thompson] (10) Adopt Resolution 2020-24 authorizing the surplus of four (4) City Transit Vehicles. [Submitted by: S. Bonville] (11) Authorize the City Manager or designee to sign a 4-year contract with Granicus for City of Tulare website content management system, hosting, software maintenance, and visual redesign for a total cost of $52,566.01, subject to only minor conforming or clarifying changes acceptable to the city attorney. [Submitted by: J. Bowling] Council Member Jones pulled the item for clarification. IT Manager Jason Bowling provided a brief report. With no further discussion, it was moved by Council Member Nunley, seconded by Vice Mayor Mederos and unanimously carried to approve the item as presented. XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Proclamation Presentation in honor of National EMS Week. Vice Mayor Mederos presented the proclamation to the representatives of Lifestar Ambulance. Comments by Council thanking EMS workers for their service. (2) Strategic Action Homeless Committee Presentation by Dave Clevenger. [Requested by: T. Sayre] Council Member Sayre provided a PowerPoint slide on a timeline of Council’s actions regarding homelessness. Dave Clevenger addressed the Council on behalf of the Committee and provided a PowerPoint presentation on a proposed Tulare Transitional Housing Project. Questions and comments posed by Council were addressed by Mr. Clevenger, Community & Economic Development Director Traci Myers, Captain Fred Ynclan, Council Member Sayre and Committee Chair Chuck Miguel. 8177 XIII. MAYOR’S REPORT There were no items for this section of the agenda. 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) Public Hearing: a. Public Hearing to pass-to-print Ordinance 2020-05 revising a portion of Section 1.64.040 of Chapter 1.64 of Title 1 of the City of Tulare Municipal Code removing the fees and service charges from the ordinance having been adopted by Resolution 2020-16 into a comprehensive master fee schedule. [Submitted by: M. Zamora] City Attorney Zamora provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 9:10 p.m., receiving no public comment he closed the public hearing at 9:13 p.m. Questions and comments posed by Council were addressed by staff. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to pass-to-print Ordinance 2020-05, as presented. b. Public hearing to adopt Resolution 2020-27 approving the City’s Program Year 2019-2020 Annual Action Plan Amendment III to include supplemental Community Development Block Grant funding (CDBG-CV) awarded to the City in the sum of $419,611 to be used to prevent, prepare for and respond to the coronavirus (COVID-19) pandemic; approve recommended allocations of CDBG-CV funding to sub- recipients and proposed microenterprise business assistance program; and/or direct staff to re-allocate all or a portion of funding to eligible activities under U.S. Department of Housing and Urban Development (HUD) regulations. [Submitted by: T. Myers] By consensus of the Council this item was continued to the special budget meeting date of May 28, 2020 at 10 a.m. to follow the same. (2) City Attorney: a. Discussion and consideration to adopt Resolution 2020-25 approving a policy for campaign contribution limitations in anticipation of California Assembly Bill Number 571, commencing January 1, 2021. [Submitted by: M. Zamora] City Attorney Zamora provided a report for the Council’s review and consideration. Following the presentation, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to adopt Resolution 2020-25, representative of zero limitations. 8178 (3) Community & Economic Development: a. Adopt Resolution 2020-26 authorizing application for and receipt of Local Early Action Planning (LEAP) Grant Program Funds and authorize the City Manager to execute the City of Tulare Planning Grants Program Application, the LEAP Grant documents, and any amendments thereto, on behalf of the City of Tulare as required by the California Department of Housing and Community Development for receipt of the LEAP Grant. [Submitted by: T. Myers] Community & Economic Development Director Traci Myers provided a report for the Council’s review and consideration. With no further discussion or public comment it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to adopt Resolution 2020-26, as presented. b. Council consideration and direction to staff on a request by 4-Creeks on behalf of Arun Toor for annexation of approximately 226.67-acres of land (APNs 184-050-007, 034, and 035). [Submitted by: T. Myers] Community & Economic Development Director Traci Myers provided a PowerPoint presentation for the Council’s review and consideration. Questions and comments posed by Council were addressed by staff and applicant’s representative Matt Ainley. Following discussion, it was moved by Council Member Nunley, seconded by Mayor Sigala and carried 4 to 0 (Council Member Jones absent) to direct staff to move forward on the annexation process. (4) Internal Services - IT: a. Receive the GIS Strategic Master Plan Presentation and Executive Summary. [Submitted by: J. Bowling] IT Manager Jason Bowling provided a brief introduction. Rives Deuterman and David Holdstock provided a PowerPoint presentation for the Council’s review and consideration. Questions and comments posed by Council were addressed by Mr. Bowling. Following discussion, it was moved by Council Member Sayre, seconded by Vice Mayor Mederos and unanimously carried to receive the plan, as presented. (5) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] City Manager Rob Hunt read the County’s press release regarding the Board of Supervisor’s action regarding accelerating their respective reopening plan for the Council’s review and consideration. Following discussion, it was the consensus of the Council to direct staff to draft a letter and press release reflecting the City of Tulare’s abidance of following State and CDC guidelines and protecting the community is their top priority. XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) 8179 XVI. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 10:52 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 19, 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 AGENDA TULARE CITY COUNCIL May 19, 2020 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) 54956.8b Conference with Real Property Negotiators Property: Tulare County Courthouse property APN #176-062-014, 425 East Kern Ave and an adjacent parking lot, APN # 176-063-021 Under Negotiation: Direction regarding potential purchase of property Negotiating parties: Rob Hunt, Mario Zamora, Josh McDonnell, Darlene Thompson [Submitted by: J. McDonnell] (b) 54956.8b Conference with Real Property Negotiators Property: Southeast corner of Kern Avenue and K Street (APN #176-400-010) Under Negotiation: Direction regarding potential sale of property Negotiating parties: Rob Hunt, Mario Zamora, Josh McDonnell, Darlene Thompson [Submitted by: J. McDonnell] (c) 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 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. AGENDA TULARE CITY COUNCIL May 19, 2020 Page 3 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. 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 May 5, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Authorize the City Manager to execute Agreement Supplement No. 11, in the annual amount of $60,000 plus 4.8% administrative costs and expenses, with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects. [Submitted by: R. Hunt] (4) Approve Administrative Policy 13-02 revising the City of Tulare Budget Policies & Practices. [Submitted by: R. Hunt] (5) Approve the final map and subdivision improvement agreement for the Oak Tree Estates subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller] (6) Accept street and oulot dedication and right of way along south side of Bardsley Avenue, west of Mooney Boulevard. Additionally, accept a grant of easement for AGENDA TULARE CITY COUNCIL May 19, 2020 Page 4 a public utility easement for utility purposes associated with the Bardsley Retail Center development, and authorize the City Manager or his designee to sign Certificates of Acceptance for the same. [Submitted by: M. Miller] (7) Accept a Grant Deed from the County of Tulare for a segment of vacated street right-of-way along the former alignment of Drive 103 north of Cartmill Avenue. Authorize the City Manager to sign the Certificate of Acceptance. [Submitted by: M. Miller] (8) Accept as complete the contract with Yarbs Grading and Paving, Inc. of Fresno, CA for work on Project EN0082, a street and utility improvement project on Sacramento Street and Maple Avenue. 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: N. Bartsch] (9) Receive the monthly investment report for April 2020. [Submitted by: D. Thompson] (10) Adopt Resolution 2020-24 authorizing the surplus of four (4) City Transit Vehicles. [Submitted by: S. Bonville] (11) Authorize the City Manager or designee to sign a 4-year contract with Granicus for City of Tulare website content management system, hosting, software maintenance, and visual redesign for a total cost of $52,566.01, subject to only minor conforming or clarifying changes acceptable to the city attorney. [Submitted by: J. Bowling] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Proclamation Presentation in honor of National EMS Week. (2) Strategic Action Homeless Committee Presentation by Dave Clevenger. [Requested by: T. Sayre] 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) Public Hearing: a. Public Hearing to pass-to-print Ordinance 2020-05 revising a portion of Section 1.64.040 of Chapter 1.64 of Title 1 of the City of Tulare Municipal AGENDA TULARE CITY COUNCIL May 19, 2020 Page 5 Code removing the fees and service charges from the ordinance having been adopted by Resolution 2020-16 into a comprehensive master fee schedule.[Submitted by: M. Zamora] b. Public hearing to adopt Resolution 2020-27 approving the City’s Program Year 2019-2020 Annual Action Plan Amendment III to include supplemental Community Development Block Grant funding (CDBG-CV) awarded to the City in the sum of $419,611 to be used to prevent, prepare for and respond to the coronavirus (COVID-19) pandemic; approve recommended allocations of CDBG-CV funding to sub-recipients and proposed microenterprise business assistance program; and/or direct staff to re-allocate all or a portion of funding to eligible activities under U.S. Department of Housing and Urban Development (HUD) regulations. [Submitted by: T. Myers] (2) City Attorney: a. Discussion and consideration to adopt Resolution 2020-25 approving a policy for campaign contribution limitations in anticipation of California Assembly Bill Number 571, commencing January 1, 2021. [Submitted by: M. Zamora] (3) Community & Economic Development: a. Adopt Resolution 2020-26 authorizing application for and receipt of Local Early Action Planning (LEAP) Grant Program Funds and authorize the City Manager to execute the City of Tulare Planning Grants Program Application, the LEAP Grant documents, and any amendments thereto, on behalf of the City of Tulare as required by the California Department of Housing and Community Development for receipt of the LEAP Grant. [Submitted by: T. Myers] b. Council consideration and direction to staff on a request by 4-Creeks on behalf of Arun Toor for annexation of approximately 226.67-acres of land (APNs 184-050-007, 034, and 035). [Submitted by: T. Myers] (4) Internal Services - IT: a. Receive the GIS Strategic Master Plan Presentation and Executive Summary. [Submitted by: J. Bowling] (5) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] AGENDA TULARE CITY COUNCIL May 19, 2020 Page 6 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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