City Council Meeting - Closed Session @ 6 p.m.; Regular Meeting @ 7 p.m.
Regular MeetingTulare, CA · August 18, 2020
Minutes
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ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
August 18, 2020
A closed session of the City Council, City of Tulare was held on Tuesday, August
18, 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
COUNCIL PRESENT VIA ZOOM/TELECONFERENCE: Terry Sayre, Carlton Jones
STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Darlene Thompson,
Janice Avila, Wes Hensley, Melissa Hermann, Leonard Herr Via teleconference
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 6:07 p.m.
(a) 54957.6b Conference with Labor Negotiators
Represented/Unrepresented Employee(s): Fire Unions
Negotiators: Rob Hunt, Janice Avila, Mario Zamora [Submitted by: J. Avila; M.
Zamora]
(b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1)
Name of Case: City of Tulare vs. Phillips, Heather N. Case No. VCU276579
[Submitted by: J. Avila and L. Herr]
IV. RECONVENE CLOSED SESSION
Mayor Sigala reconvened from closed session at 6:59 p.m.
V. CLOSED SESSION REPORT (if any)
Mayor Sigala advised there was no reportable action.
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VI. ADJOURN CLOSED SESSION
Mayor Sigala adjourned closed session at 6:59 p.m.
A regular session of the City Council, City of Tulare was held on Tuesday,
August 18, 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 Left at 9:54 p.m.
STAFF PRESENT: Rob Hunt, Josh McDonnell, Mario Zamora, Traci Myers, Michael
Miller, Trisha Whitfield, Craig Miller, Luis Nevarez, Janice Avila, Wes Hensley, Nick
Bartsch, Melissa Hermann, Mandy Jeffcoach (special counsel)
VII. CALL TO ORDER REGULAR SESSION
Mayor Sigala called the regular session to order at 7:00 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Sigala led the Pledge of Allegiance and City Manager Rob Hunt led the
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.
Donnette Silva-Carter, Tulare Chamber of Commerce, called in to provide information
regarding various upcoming events and programs.
Raymond Van Beek, President of the Lighthouse Rescue Mission, called in to provide
information regarding sites for an emergency shelter.
X. COMMUNICATIONS
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 that the items on the Consent Calendar be approved
as presented with the exception of items 4 and 6.
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(1) Authorization to read ordinances by title only.
(2) Approve minutes of August 4, 2020 special/regular meeting. [Submitted
by: R. Yoder]
(3) Declare John Arreola seat on the Aviation Committee, term ending
December 31, 2023, vacant and direct staff to post the vacancy and solicit
applications. [Submitted by: R. Yoder]
(4) Accept a grant of easement for water and sewer line purposes from
Reedley Community Hospital, a California nonprofit religious corporation,
and a grant of easement for storm drain purposes from Hidden Oak
Development Company Inc., a California Corporation, and Blackstone
Ranch, LLC, a California Limited Liability Company. Authorize the City
Manager or his designee to sign Certificates of Acceptance for the same.
[Submitted by: M. Miller] Council Member Nunley pulled this item to recuse
due to a business conflict. It was moved by Vice Mayor Mederos, seconded by
Council Member Sayre, and carried 4 to 0 (Council Member Nunley recused) to
approve the item as presented.
(5) Award and authorize the City Manager to sign a contract with JT2 dba
Todd Companies of Visalia, CA in an amount not to exceed $132,750
related to City Project EN0089 – Parkwood Meadows Park Concrete Trail
Improvements; Authorize the City Manager or designee to approve
contract change orders in an amount not to exceed 10% of the contract
amount; and approve the revised project budget. [Submitted by: N.
Bartsch]
(6) Approve the Settlement and Release Agreement by and between the City
of Tulare and Jerod Boatman in the amount of twenty-three thousand
dollars ($23,000); and Fred Ynclan in the amount of seventeen thousand
dollars ($17,000). [Submitted by: J. Avila] Council Member Jones pulled this
item for discussion. Special Counsel Mandy Jeffcoach provided clarification.
Following a lengthy discussion, it was moved by Vice Mayor Mederos,
seconded by Council Member Sayre, and carried 4 to 1 (Council Member
Jones voting no) to approve the item as presented.
XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
No items for this section of the agenda.
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.
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(1) Public Hearing:
a. Public Hearing to adopt Resolution 2020-43 establishing the fees
associated with the City of Tulare commercial cannabis business
request for proposal/applicant package and adding such fees to the
master fee schedule. [Submitted by: M. Zamora] City Attorney Mario
Zamora provided a report for the Council’s review and consideration. Mayor
Sigala opened up the public hearing at 9:44 p.m. While waiting to receive
public comment, Council discussed the item. Questions posed by Council
were responded to by City Attorney Mario Zamora. After receiving no public
comment, Mayor Sigala closed the public hearing at 9:53 p.m. It was moved
by Vice Mayor Mederos, seconded by Mayor Sigala, and carried 4 to 1
(Council Member Nunley voting no) to adopt Resolution 2020-43.
(2) Finance/General Services:
a. Authorize the Finance Director to accept and appropriate CARES
Coronavirus Relief Funds from the California Department of Finance
into the budget as described in Table 1 and allow the use of funds until
they are exhausted. [Submitted by: J. McDonnell] Deputy City Manager
Josh McDonnell provided a report for the Council’s review and consideration.
Questions posed by Council were responded to by staff. Following
discussion, it was moved by Vice Mayor Mederos, seconded by Council
Member Nunley, and carried 4 to 0 (Council Member Jones absent) to
approve the item as presented.
(3) City Attorney:
a. Ratifying the August 4, 2020, action of the Tulare City Council regarding
the Tulare Strategic Action Committee on Homelessness presentations
by Dave Renard, President of Sprung Structures and Dave Clevenger,
CEO of Lighthouse Rescue Mission to allocate $500,000 ($250,000 per
year for two years) of City Housing Asset Funds to help fund a portion
of the Lighthouse Rescue Mission’s proposed emergency shelter
project and to direct staff to apply for the Home Key Cares Funding to
facilitate the Lighthouse Rescue Mission’s permanent supportive
housing portion of this proposed project. [Submitted by: M. Zamora]
This item was taken out of order at the request of Mayor Sigala. City Attorney
Mario Zamora provided a brief report of the item which was followed by
lengthy public comment.
The following citizens and business owners provided comment either in
person or over the phone expressing concern regarding the possible location
for the planned emergency shelter: Janet Lebaron, Trish Hitlin, John Harman
(representing the Tulare Downtown Association), Curt Lange, Don Lebaron,
Daniel Castro, Dr. Richard Heers, Rick Allison, Elizabeth Holmes, Jennifer
Thorton, Diane Beck, Kevin Land, Amy Babb, Shanelle Herrera, Charlie
Ramos, Manuel Ortiz, Monica Garcia, George Herrera, Karen Snow, Jared
Ennis, and Jacob (inaudible).
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The following citizens provided comment either in person or over the phone
expressing support for the planned emergency shelter: Susan Henard, Dave
Clevenger, and Aaron Gomes.
Following public comment, Council discussed the item. It was moved by
Mayor Sigala, seconded by Council Member Sayre, and carried 3 to 2
(Council Members Jones and Nunley voting no) to approve the item with
following amendment: no funds to be released until location has been
identified and meets criteria which will be determined at a future meeting.
(4) City Manager:
a. Update, discussion and receive direction, if necessary, regarding
COVID-19, etc. [Submitted by: R. Hunt] City Manager Rob Hunt provided
a brief update. Mayor Sigala had Economic Development Director Traci
Myers provide an updated on expended funding.
XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3)
Staff provided various updates and reports.
Council Member Sayre requested and it was the consensus of the Council to
agendize an item for the September 1, 2020 meeting to appoint a member of the
Strategic Action Committee as the new proxy as she will be stepping down to an
advisory position.
Mayor Sigala requested and it was the consensus of the Council to agendize an item
for the September 1, 2020 meeting to provide an update on the 2020 Census
outreach efforts.
Mayor Sigala requested and it was the consensus of the Council to agendize an item
for a future meeting (no date specified) to discuss and possibly revise the current
trespassing program.
Mayor Sigala mentioned he will be requesting a special meeting to discuss
establishing criteria for the emergency shelter location.
XVI. ADJOURN REGULAR MEETING
Mayor Sigala adjourned the regular meeting at 10:18 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, AUGUST 18, 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
August 18, 2020
Page 2
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
(a) 54957.6b Conference with Labor Negotiators
Represented/Unrepresented Employee(s): Fire Unions
Negotiators: Rob Hunt, Janice Avila, Mario Zamora [Submitted by: J. Avila; M.
Zamora]
(b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1)
Name of Case: City of Tulare vs. Phillips, Heather N. Case No. VCU276579
[Submitted by: J. Avila and L. Herr]
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
August 18, 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 August 4, 2020 special/regular meeting. [Submitted by: R.
Yoder]
(3) Declare John Arreola seat on the Aviation Committee, term ending December 31,
2023, vacant and direct staff to post the vacancy and solicit applications.
[Submitted by: R. Yoder]
(4) Accept a grant of easement for water and sewer line purposes from Reedley
Community Hospital, a California nonprofit religious corporation, and a grant of
easement for storm drain purposes from Hidden Oak Development Company
Inc., a California Corporation, and Blackstone Ranch, LLC, a California Limited
Liability Company. Authorize the City Manager or his designee to sign
Certificates of Acceptance for the same. [Submitted by: M. Miller]
(5) Award and authorize the City Manager to sign a contract with JT2 dba Todd
Companies of Visalia, CA in an amount not to exceed $132,750 related to City
Project EN0089 – Parkwood Meadows Park Concrete Trail Improvements;
Authorize the City Manager or designee to approve contract change orders in an
amount not to exceed 10% of the contract amount; and approve the revised
project budget. [Submitted by: N. Bartsch]
(6) Approve the Settlement and Release Agreement by and between the City of
Tulare and Jerod Boatman in the amount of twenty-three thousand dollars
($23,000); and Fred Ynclan in the amount of seventeen thousand dollars
($17,000). [Submitted by: J. Avila]
AGENDA
TULARE CITY COUNCIL
August 18, 2020
Page 4
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) Public Hearing:
a. Public Hearing to adopt Resolution 2020-43 establishing the fees associated
with the City of Tulare commercial cannabis business request for
proposal/applicant package and adding such fees to the master fee schedule.
[Submitted by: M. Zamora]
(2) Finance/General Services:
a. Authorize the Finance Director to accept and appropriate CARES
Coronavirus Relief Funds from the California Department of Finance into the
budget as described in Table 1 and allow the use of funds until they are
exhausted. [Submitted by: J. McDonnell]
(3) City Attorney:
a. Ratifying the August 4, 2020, action of the Tulare City Council regarding the
Tulare Strategic Action Committee on Homelessness presentations by Dave
Renard, President of Sprung Structures and Dave Clevenger, CEO of
Lighthouse Rescue Mission to allocate $500,000 ($250,000 per year for two
years) of City Housing Asset Funds to help fund a portion of the Lighthouse
Rescue Mission’s proposed emergency shelter project and to direct staff to
apply for the Home Key Cares Funding to facilitate the Lighthouse Rescue
Mission’s permanent supportive housing portion of this proposed project.
[Submitted by: M. Zamora]
(4) 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)
/////
AGENDA
TULARE CITY COUNCIL
August 18, 2020
Page 5
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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