City Council Meeting - Regular Meeting @ 7 p.m. and Special Closed Session @ 7 p.m. (to be taken out of order following Consent Calendar)

8039 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE September 3, 2019 A regular session of the City Council, City of Tulare was held on Tuesday, September 3, 2019, 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, Carlton Jones(left at 10:05 p.m.), Greg Nunley STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Matt Machado, Luis Nevarez, Steve Bonville, Traci Myers, Michael Miller, Trisha Whitfield, Nick Bartsch, Tim Thompson, Mandy Jeffcoach, Roxanne Yoder I. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE AND INVOCATION Janice Avila led the Pledge of Allegiance and an invocation was given by Donnette Silva-Carter. III. 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. Brian Thoburn addressed the Council regarding Southern California Edison’s wildfire mitigation efforts. Donnette Silva-Carter addressed the Council regarding upcoming Chamber and Community events. Paul Freitas addressed the Council regarding concerns with the homeless issues in his neighborhood surrounding the old library building, as well as street conditions, speeding vehicles and his rising water bills. Residents of Matheny Tract addressed the Council regarding the need to have City sewer service, lighting, public safety. They also expressed concern with the smell presumed from the treatment plant, water quality and homeless issues. Pedro  8040 Hernandez of Leadership Counsel reiterated the concerns on behalf of the Matheny Tract residents. Daisy Quiroz and Emily Pettis addressed the Council with safety concerns in their Sedona neighborhood due to homeless issues surrounding the Santa Fe Trail. IV. COMMUNICATIONS There were no items for this section of the agenda. V. CONSENT CALENDAR: It was moved by Council Member Nunley, seconded by Council Member Jones and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 3, 7, 9 & 11. (1) Authorization to read ordinances by title only. (2) Approve minutes of August 20, 2019 special/regular meeting. [Submitted by: R. Yoder] (3) Ratify the City Council’s decision of August 20, 2019 approving a Legal Services Agreement for Special Counsel with Whitney, Thompson & Jeffcoach and authorize the Mayor to execute same effective that date. [Submitted by: R. Hunt] Council Member Nunley pulled the item to recuse himself due to his claim against the city for which special counsel was obtained. Council Member Jones abstained in line with his abstention from the August 6 closed session, both remained on the dais. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre and carried 3 to 0 (Council Member Jones abstained; Council Member Nunley recused) to approve the item as ratified. (4) Approve Administrative Policy 19-02 establishing guidelines for Ceremonial Commendations, Proclamations, Certificates, Frames, Holders/Folders and Plaques. [Submitted by: R. Hunt] (5) Adopt Resolution 19-37 an Addendum to the Mitigated Negative Declaration (MND) previously approved and certified by the Council of the City of Tulare as part of Resolution 18-09 on April 3, 2018, pertaining to the Cartmill – Hillman Improvements Project. [Submitted by: J. McDonnell] (6) Acceptance of the following storm drain easement associated with the Pilot Travel Center located on the southwest corner of Paige Avenue and Blackstone Street and authorize the City Manager or his designee to sign the Certificate of Acceptance for the same:  8041 • A Grant of Easement from Pilot Travel Centers LLC, a Delaware LLC, for storm drain purposes. [Submitted by: M. Miller] (7) Adopt Resolution 19-38 designating the intersection of Bardsley Avenue and West Street as an all-way stop intersection and authorizing the installation of corresponding stop control. [Submitted by: M. Miller] Mayor Sigala pulled the item to inquire about striped crosswalks and flashing stop signs. City Engineer Michael Miller responded thereto. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Nunley and unanimously carried to adopt Resolution 19-38, as presented. (8) Adopt Resolution 19-39 authorizing the installation of one-way stop control at the intersections of King Avenue and Los Angeles Street, Santa Clara Street, Sacramento Street, California Street, “A” Street and “C” Street. [Submitted by: M. Miller] (9) Adopt Resolution 19-40 authorizing the Mayor to execute City of Tulare- State of California Freeway Agreement - Resolution of Change, for Route 99 from 0.5 miles south of Rankin Road to Cartmill Avenue, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsch] Vice Mayor Mederos pulled the item to seek clarification as to notification to the surrounding businesses and access related thereto. Sr. Project Manager Nick Bartsch and City Engineer Michael Miller responded thereto. Following discussion, it was the direction of Council to have staff return at a future meeting for a presentation by Caltrans. (10) Receive, review, and file the Monthly Investment Report for July 2019. [Submitted by: D. Thompson] (11) Adopt Resolution 19-41 approving the City of Tulare Short-Range Transit Plan (SRTP)-Extension. [Submitted by: D. Thompson] Mayor Sigala pulled the item for questions. General Services Director Steve Bonville responded thereto. Following discussion, it was moved by Council Member Nunley, seconded by Council Member Sayre and unanimously carried to adopt Resolution 19-41, as presented. (12) Adopt Resolution 19-42 authorizing the surplus of six (6) City Vehicles. [Submitted by: S. Bonville] (13) Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $48/ton for 3/8” Plant Run Cold Mix with Oil, $47/ton for ½” Plant Run Cold Mix with Oil and $49.10/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [Submitted by: T. Whitfield]  8042 VI. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Spotlight on Excellence – Employee Recognition. [Submitted by: R. Hunt] City Manager Rob Hunt introduced Anthony “Tony” Cortez, Jr. Mayor Sigala presented Mr. Cortez with a Certificate of Recognition. (2) Planning Commission Annual Report presented by Commission Chair Chuck Miguel. Planning Commission Chair Chuck Miguel provided an annual report for the Council’s review and consideration. VII. MAYOR’S REPORT There were no items for this section of the agenda. VIII. 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 19-43 adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2019-14 (Fernjo Estates), Annexation No. 2019-01 (Fernjo Estates), and Zone Amendment No. 734 and adopt Resolution 19-44 requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2019-01 (Fernjo Estates) and detachment of the property from County Service Area No. 1 and the Tulare Irrigation District, and pass-to-print Ordinance 19-04 approving Zone Amendment No. 734, pre- zoning the subject property to the R-1-6 (Single Family Residential, 6,000 sq. ft. minimum lot area) zoning designation to become effective upon annexation into the City limits on property located on the east side of Mooney Blvd. approximately .25 miles south of Bardsley Avenue. [Submitted by: J. McDonnell] Council Member Nunley recused himself due to property ownership and left the room. Sr. Planner Steven Sopp provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 8:16 p.m. Aaron Carpenter of 4Creeks addressed the Council in support of the annexation. With no further public comment, Mayor Sigala closed the public hearing at 8:17 p.m. Following the presentation, it was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley recused) to adopt Resolution 19- 43, as presented; it was further moved by Council Member Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Nunley recused) to adopt Resolution 19-44, as presented; lastly it was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0  8043 (Council Member Nunley recused) to pass-to-print Ordinance 19-04, as presented. b. Public Hearing to Pass-to-Print Ordinance 19-05 for a zoning text Amendment to Chapter 10.144 of the City of Tulare Municipal Code revising the City’s standards for accessory dwelling units. At the direction of the Council, it was moved to continue the item to the meeting of September 17, 2019. Mayor Sigala noted that at this time the Council would convene the Special Closed Session at 8:21 p.m. (see separate minutes). Mayor Sigala reconvened the Regular Session at 10:02 p.m. Council Member Jones left the meeting at 10:05 p.m. (2) Public Works: a. Provide comments regarding the draft Groundwater Sustainability Plan (GSP) and have Vice Mayor Mederos present those to the Mid-Kaweah Groundwater Sustainability Agency (GSA) on behalf of the Tulare City Council. [Submitted by: T. Whitfield] Public Works Director Trisha Whitfield provide a brief report for the Council’s review and consideration. Pedro Hernandez of Leadership Counsel addressed the Council regarding the item and that the plans do not impact well communities. Mayor Sigala advised that comments, if any, may be given to Vice Mayor Mederos who will present to the GSA Board. (3) City Manager: a. Selection of attendee(s) to represent the City of Tulare at the ICSC Western Conference in Los Angeles September 16 through September 18, 2019. Community & Economic Development Director Josh McDonnell provided a brief report for the Council’s review and consideration. Comments by Council addressed by Mr. McDonnell. Following discussion, it was moved by Council Member Nunley to designate Council Member Jones to attend, it failed for lack of a second. IX. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Sayre requested a discussion and potential action for emergency housing crisis at the October 1 Council Meeting. With no objection, staff to agendize accordingly. Council Member Nunley requested an item regarding vaping in the City of Tulare. Mayor Sigala suggested having this topic at the Joint Meeting with the City, High  8044 School District and COS on September 24, to begin the conversation. With no objection, staff to agendize accordingly. Mayor Sigala requested an update on water and sewer, including County/State efforts, in Matheny Tract at an October Council Meeting. With no objection, staff to agendize accordingly. Mayor Sigala requested an item regarding establishing the Transit Advisory Committee in the coming months. With no objection, staff to agendize accordingly. X. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 10:22 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