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

Regular Meeting

Tulare, CA · June 2, 2020

AgendaMinutes

Minutes

8183 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE Jun 2, 2020 A closed session of the City Council, City of Tulare was held on Tuesday, June 2, 2020, at 6:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos COUNCIL PRESENT VIA ZOOM/TELECONFERENCE: Terry Sayre, Carlton Jones(Item c), Greg Nunley(Items a & b) STAFF PRESENT: Rob Hunt, Mario Zamora(via teleconference), Megan Dodd, Mandy Jeffcoach(via teleconference), Janice Avila, Josh McDonnell, Wes Hensley, Darlene Thompson, Michael Miller, Nick Bartsch, Roxanne Yoder, Melissa Hermann 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 Assistant City Attorney Megan Dodd at 6:03 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 [Council Member Jones absent] (b) 54956.8b Conference with Real Property Negotiators Property: property located along Aronian Street between Kern Avenue and Tulare Avenue (State Route 137). (APN#177-190-002), (APN#177-200-008), and (APN#177-200-009). Under Negotiation: Purchase, price, and terms and conditions of the purchase Negotiating parties: Rob Hunt, Josh McDonnell, Michael Miller, Nick Bartsch, Will Washburn, and Mario Zamora [Submitted by: N. Bartsch] [Council Member Jones absent] 8184 (c) 54956.9(d)(4) Conference with Legal Counsel – Anticipated Litigation One (1) items of anticipated litigation [Council Member Nunley absent] IV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 7:03 p.m. V. CLOSED SESSION REPORT (if any) Assistant City Attorney Megan Dodd advised there was no reportable actions. VI. ADJOURN CLOSED SESSION Mayor Sigala adjourned closed session at 7:04 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, June 2, 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, Carlton Jones(7:14 p.m.), Greg Nunley STAFF PRESENT: Rob Hunt, Josh McDonnell, Megan Dodd, Wes Hensley, Luis Nevarez, Janice Avila, Michael Miller, Traci Myers, Craig Miller, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Roxanne Yoder, Melissa Hermann VII. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:04 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. Bruce Creamer and Chase Landers addressed the Council. X. COMMUNICATIONS There were no items for this section of the agenda. 8185 XI. CONSENT CALENDAR: It was moved by Vice Mayor Mederos seconded by Council Member Sayre, and unanimously carried that the items on the Consent Calendar be approved 4 to 0 (Council Member Jones absent) as presented except for item 8. (1) Authorization to read ordinances by title only. (2) Approve minutes of May 19, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Adopt 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] (4) Adopt Resolution 2020-28 approving Amendment No. 5 to the Measure R Expenditure Plan. [Submitted by: M. Miller] (5) Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $471,560 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0090, a street and utility improvement project in the Sequoia and Spruce Tracts; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($47,156) of the contract award amount; and approve the updated project scope and budget. [Submitted by: N. Bartsch] (6) Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $239,530 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0091, a street and utility improvement project in the Elliott Tract; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($23,953) of the contract award amount; and approve the updated project scope and budget. [Submitted by: N. Bartsch] (7) Authorize the City Manager to sign a contract with Provost & Pritchard Consulting Group of Visalia, CA in an amount not to exceed $350,000 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0092, a street and utility improvement project on Pratt Street and in the Mefford and Choice Tracts; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($35,000) of the contract award amount; and approve the updated project scope and budget. [Submitted by: N. Bartsch] 8186 (8) Adopt Resolution of Intent 2020-29 receiving the draft report of Tulare Downtown Association (TDA) Board of Directors, and setting June 16, 2020, as the public hearing date regarding annual downtown district assessments. [Submitted by: D. Thompson] Vice Mayor Mederos pulled the item for comments. John Harman provided an update to the Council. It was moved by Council Member Sayre, seconded by Vice Mayor Mederos, and carried 5 to 0 to adopt Resolution of Intent 2020-29 as presented. (9) Accept the offer to purchase and “Purchase and Sale Agreement” on City property APN #176-400-010, the South East corner of K Street, and Kern Avenue, Tulare, (Concession Area) from Francisco Torres in the amount of $15,000. [Submitted by: S. Bonville] 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. 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) Continued Public Hearing: a. 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] Community & Economic Development Director Traci Myers provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 7:26 p.m. Receiving no public comment, the public hearing was closed at 7:27 p.m. Questions posed by Council were responded to by staff. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Jones, and unanimously carried to adopt Resolution 2020-27. Council Member Nunley left sometime after this item. 8187 (2) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] City Manager Rob Hunt and Library Manager Heidi Clark provided an update to the Council. Mayor Sigala requested the following measures: (1) require masks in public buildings; (2) reaffirm CDC guidelines; (3) recommend businesses follow 53- page document provided by Tulare County Health and Human Services Authority and to place the document on the City’s website; and (4) require masks for all businesses in Tulare. John Harman, Chase Landers, and Jason bender addressed the Council in objection to these suggestions. The request to direct City Manager to develop a policy requiring any member of the public who enters City Hall to wear a mask failed 2 to 2. There was consensus to put up signage that highly recommends wearing masks. There was consensus to continue to reaffirm CDC guidelines. There was consensus that the City and Council support businesses that reopen and choose to require wearing masks by patrons (uphold position and encourage PD that owner’s rights be maintained) Council Member Jones left at approximately 8:23 p.m. XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Sayre requested review of the recent cannabis ordinance specific to CBD products, there was consensus of the Council to schedule for the July 21, 2020 meeting date. Vice Mayor Mederos requested item on the June 16, 2020 meeting date to recognize City sanitation workers. By consensus Council directed staff accordingly. XVI. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 8:41 p.m. in the memory of Heather Maciel. 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, JUNE 2, 2020 Closed Session 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 June 2, 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) 54956.9(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) 54956.8b Conference with Real Property Negotiators Property: property located along Aronian Street between Kern Avenue and Tulare Avenue (State Route 137). (APN#177-190-002), (APN#177-200-008), and (APN#177-200-009). Under Negotiation: Purchase, price, and terms and conditions of the purchase Negotiating parties: Rob Hunt, Josh McDonnell, Michael Miller, Nick Bartsch, Will Washburn, and Mario Zamora [Submitted by: N. Bartsch] (c) 54956.9(d)(4) Conference with Legal Counsel – Anticipated Litigation One (1) items of anticipated litigation 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 AGENDA TULARE CITY COUNCIL June 2, 2020 Page 3 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 19, 2020 special/regular meeting. [Submitted by: R. Yoder] (3) Adopt 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] (4) Adopt Resolution 2020-28 approving Amendment No. 5 to the Measure R Expenditure Plan. [Submitted by: M. Miller] (5) Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $471,560 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0090, a street and utility improvement project in the Sequoia and Spruce Tracts; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($47,156) of the contract award amount; and approve the updated project scope and budget. [Submitted by: N. Bartsch] AGENDA TULARE CITY COUNCIL June 2, 2020 Page 4 (6) Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $239,530 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0091, a street and utility improvement project in the Elliott Tract; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($23,953) of the contract award amount; and approve the updated project scope and budget. [Submitted by: N. Bartsch] (7) Authorize the City Manager to sign a contract with Provost & Pritchard Consulting Group of Visalia, CA in an amount not to exceed $350,000 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0092, a street and utility improvement project on Pratt Street and in the Mefford and Choice Tracts; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($35,000) of the contract award amount; and approve the updated project scope and budget. [Submitted by: N. Bartsch] (8) Adopt Resolution of Intent 2020-29 receiving the draft report of Tulare Downtown Association (TDA) Board of Directors, and setting June 16, 2020, as the public hearing date regarding annual downtown district assessments. [Submitted by: D. Thompson] (9) Accept the offer to purchase and “Purchase and Sale Agreement” on City property APN #176-400-010, the South East corner of K Street, and Kern Avenue, Tulare, (Concession Area) from Francisco Torres in the amount of $15,000. [Submitted by: S. Bonville] XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS 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) Continued Public Hearing: a. 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 AGENDA TULARE CITY COUNCIL June 2, 2020 Page 5 to eligible activities under U.S. Department of Housing and Urban Development (HUD) regulations. [Submitted by: T. Myers] (2) City Manager: a. Update, discussion and receive direction, if necessary, regarding COVID-19, etc. [Submitted by: R. Hunt] 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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