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

8009 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE June 18, 2019 A study session of the City Council, City of Tulare was held on Tuesday, June 18, 2019, at 6:00 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, Greg Nunley STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Wes Hensley, Luis Nevarez, Steve Bonville, Traci Myers, Michael Miller, Darlene Thompson, Trisha Whitfield, Brian Beck, Nick Bartsch, Melissa Hermann I. CALL TO ORDER STUDY SESSION Mayor Sigala called the study 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. Public comment was received following the presentation. III. STUDY SESSION (1) PowerPoint presentation and possible direction from City Council regarding Cannabis. City Attorney Mario Zamora provided a presentation for the Council’s review and consideration. Questions posed by the Council were responded to by Mr. Zamora. Following Council discussion, Mayor Sigala welcomed public comments. Tony Caudle, Tulare resident, expressed support of recreational cannabis businesses being located in Tulare and invited Council to visit his professional recreational shop located in Woodlake. He also expressed a desire to locate his business in Tulare. Mary Martinez, Tulare resident, expressed concern with controlled substances and the impact on children’s lives. Jose Ruiz Salas, Tulare resident, requested to see the conversation expanded to discuss the impact on the youth.  8010 Sabino Martinez, Tulare resident, expressed concern with unintentional consequences, provided the current substance abuse statistics in Tulare, and would like our youth to be prioritized when making these decisions. Jenny Hartman, Tulare resident, advised the Council that the current medicinal dispensaries do generate sales tax for the City, contradicting previous comments by the public. Gabriel Perez, owner of a medicinal dispensary in Tulare, addressed the Council regarding delivery issues. Officer Robertson, Tulare Police Department, provided additional information to the Council regarding his experience in investigations and inspections with dispensaries. Council further discussed the topic following public comment and Officer Robertson’s presentation of information. It was the consensus of the majority of the Council (Council Member Nunley and Vice Mayor Mederos voting no) to direct staff to remove the language that limits the number of dispensaries allowed from the ordinance and allow the Council at a future date to determine what the number would be. Mayor Sigala expressed a desire to lift current restriction on deliveries placed on the current medical dispensaries to allow those current dispensaries to deliver in Tulare. After hearing from dispensaries and the issues surrounding mobile deliveries, it was the consensus of the Council to table this topic for a future meeting. It was the consensus of the Council to direct staff to draft an ordinance requiring all mobile delivery businesses delivering in Tulare to apply for a Tulare business license with the fee to be determined by staff. It was consensus of the majority of the Council (Council Members Jones and Nunley voting no) to direct staff to bring back a report at a future meeting regarding the cost for placing the revised ordinance allowing recreational cannabis businesses on the March 2020 ballot including the timeline and costs associated as well as costs for consolidating both the ordinance and tax on the November 2020 ballot. IV. ADJOURN STUDY SESSION Mayor Sigala adjourned the study session at 7:45 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, June 18, 2019, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street.  8011 COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Terry A. Sayre, Carlton Jones, Greg Nunley Left at 9:12 p.m. STAFF PRESENT: Rob Hunt, Mario Zamora, Janice Avila, Wes Hensley, Luis Nevarez, Steve Bonville, Traci Myers, Michael Miller, Darlene Thompson, Trisha Whitfield, Brian Beck, Nick Bartsch, Melissa Hermann V. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:52 p.m. VI. PLEDGE OF ALLEGIANCE AND INVOCATION Michael Miller led the Pledge of Allegiance and an invocation was given by Josh McDonnell. VII. 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. Patty Colson, traffic issues near Sunrise Estates, specifically the intersection at Paige and Blackstone. City Engineer provided an update regarding this issue. Linda Maloy, Tulare Cemetery, addressed negative comments regarding the cemetery. Jeff Lukens, Alfonso Olivares, Erica Martin addressed the Council regarding their frustration with the homeless issue in Tulare. Council Member Sayre addressed the concerns by sharing the current efforts by the Ad Hoc Committee on Homelessness. VIII. COMMUNICATIONS There were no items for this section of the agenda. IX. 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 3, 4, 10, 11, 12, and 13. (1) Authorization to read ordinances by title only.  8012 (2) Approve minutes of May 30, 2019 and June 4, 2019 special/regular meeting. [Submitted by: R. Yoder] (3) Authorize the City Manager to execute Agreement Supplement No. 10, 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] Item was removed from Consent Calendar and heard during Scheduled Presentations. Following the presentation, it was moved by Mayor Sigala, seconded by Council Member Jones, and unanimously carried to approve the item as presented. (4) Accept the Grant of Easement from Donald C. McCarthy Limited Partnership, a Limited Partnership, for a temporary storm drainage ponding basin for Cottonwood Estates Subdivision, and direct the City Clerk to record the same. [Submitted by: M. Miller] Council Member Nunley pulled this item to recuse himself due to a conflict of interest. (5) Accept as complete the contract with Steve Dovali Construction, Inc. of Fresno, CA for work on Project EN0064 to construct the E Street Improvements Project. 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] (6) Award a contract to 4Creeks of Visalia, CA in an amount not to exceed $245,105 for field surveying and mapping, utility coordination, geotechnical analysis, engineering design, and bidding and engineering construction support services as needed for Project EN0086 – Tulare Avenue Improvements. Authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($24,510.50) of the contract award amount. [Submitted by: N. Bartsch] (7) Award a contract to Peters Engineering Group of Clovis, CA in an amount not to exceed $422,740 for field surveying and mapping, utility coordination, geotechnical analysis, engineering design, right-of-way acquisition (appraisals, negotiation, contracts and documentation), and bidding and engineering construction support services as needed for Project EN0085 – Kern, Silva, Latimer and Aronian Improvements. Authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% ($42,274) of the contract award amount. [Submitted by: N. Bartsch] (8) Receive, review, and file the Monthly Investment Report for May 2019. [Submitted by: D. Thompson] (9) Authorize the City Manager to enter into an Administrative Cycle Park Sponsorship Agreement with Temmerman Corp for a Grant from the State  8013 Off-Highway Motor Vehicle (OHMV) Division for Cycle Park for operating expenses for the years 2019 and 2020 and to sign all applicable paperwork related to application of the grant. [Submitted by: S. Bonville] (10) Reject the liability claim for damages filed on May 23, 2019, by Attorney Robert A. Rees on behalf of Jose Murguia. [Submitted by: J. Avila] Council Member Nunley pulled this item to recuse himself upon the advice of the City Attorney. Council Member Jones expressed that he would abstain from voting on this item due to the lack of information. It was moved by Vice Mayor Mederos, seconded by Mayor Sigala, and carried 4 to 0 (Council Member Nunley recused; Council Member Jones abstention for other than a legal identified disqualification counts as an affirmative vote per the Council’s Handbook of Rules and Procedures page 17, section 4) to approve the item as presented. (11) Reject the liability claim for damages filed by Attorney Dina M. Ford on behalf of Allstate Insurance as Subrogee of Cynthia Claunch and Steven W. Claunch. [Submitted by: J. Avila] Council Member Nunley pulled this item to recuse himself upon the advice of the City Attorney. (12) Reject two liability claims for damages filed by Attorney Martin Gasparian, one on behalf of Juan Manuel Ibarra and the other on behalf of Daniela Aguilar. [Submitted by: J. Avila] Council Member Nunley pulled this item to recuse himself upon the advice of the City Attorney. Items 4, 11, and 12: It was moved by Mayor Sigala, seconded by Vice Mayor Mederos and carried 4 to 0 (Council Member Nunley recused) to approve the items as presented. (13) Authorize the Mayor, on behalf of the City Council, to execute a City Manager Employment Agreement by and between the City of Tulare and Robert A. Hunt, City Manager, to be effective June 5, 2019. [Submitted by: J. Avila & M. Zamora] Mayor Sigala pulled this item for comment. Following comment, it was moved by Council Member Sayre, seconded by Vice Mayor Mederos, and unanimously carried to approve the item as presented. (14) Adopt Ordinance 19-02 amending Title 5 (Business Regulations) adding Chapter 5.104 (Massage Establishments and Services) of the Tulare Municipal Code. [Submitted by: W. Hensley] X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Receive Tulare Chamber of Commerce Annual Report presented by Donnette Silva-Carter, CEO. Donnette Silva-Carter provided a presentation for the Council, highlighting the events organized and/or attended by the Chamber and programs available through the Chamber.  8014 (2) Receive Tulare Historical Museum Annual Report presented by Chris Harrell, Executive Director-Curator. Chris Harrell provided a presentation for the Council providing attendance numbers for 2018 and highlighting what the Tulare Historical Museum offers. (3) Receive Townsend Public Affairs Annual Legislative Report presented by Richard Harmon. Richard Harmon provided a presentation for the Council. Questions posed by Council were responded to by Mr. Harmon and his associate. XI. MAYOR’S REPORT (1) Confirm the Mayor’s appointment of Renee Soto to the Board of Public Utilities vacancy for a term ending December 31, 2019 or to preserve continuity of the Board appoint to a four-year term. Mayor Sigala introduced Renee Soto. It was moved by Vice Mayor Mederos, seconded by Council Member Nunley, and unanimously carried to appoint Renee Soto to serve on the Board of Public Utilities with a term ending December 31, 2023. XII. 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 19-25 confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement District 2019/2020 Annual Assessments. [Submitted by: D. Thompson] Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 10:11 p.m.; receiving no public comment, he closed the hearing at 10:11 p.m. With no discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones, and carried 4 to 0 (Council Member Nunley absent) to adopt Resolution 19-25 as presented. (2) Engineering/Project Management: a. Receive presentation regarding traffic calming measures, and provide guidance to staff regarding their potential implementation on public streets within the City. [Submitted by: M. Miller] City Engineer Michael Miller provided a presentation for the Council’s review and consideration. Questions posed by Council were responded to by staff. Robert Duran, Tulare resident, addressed the Council expressing support of placing the lower cost speed humps in his neighborhood, stated the neighborhood would  8015 support as well, and would agree to a special assessment for funding these speed humps. It was the consensus of the Council to direct staff to develop an application and process which includes the available options for traffic calming measures and costs for each option, and the need to build neighborhood consensus. Staff agreed to also bring back the Traffic Management Plan for review of consistency and recommendations in regard to districts. Council Member Jones voiced his opposition of discussion regarding assessment districts. b. Continued item to discuss roundabout and signalized intersection designs for the intersection of West Street and Pleasant Avenue, and to provide direction to staff regarding inclusion of associated improvements into Project EN0084. [Submitted by: M. Miller] This item was pulled from the agenda to be continued to a future meeting. c. Consider authorizing the City Manager to execute a long-term deferred improvement agreement with United States Cold Storage for curb, gutter, sidewalk, street pave-out, streetlights, and landscaping improvements along a portion of Levin Avenue required for approval of a conditional use permit to expand an existing ground mounted solar system. Provide staff direction regarding project applicant’s request to waive requirement to post security for future construction of deferred improvements. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for the Council’s review and consideration. Dave Arnett, the Project Engineer for US Cold Storage, addressed the Council and answered questions regarding the request. Following discussion, it was moved by Council Member Jones, seconded by Vice Mayor Mederos, and unanimously carried to approve the long-term deferred improvement agreement and require the project applicant to post security. (3) Fire: a. Report and discussion on Tulare City Fire Department Standard Operating Procedure – Activation of Cooling/Warming Centers implemented January 20, 2012. [Submitted by: L. Nevarez; Requested by: J. Sigala @ 6/4 meeting] Fire Chief Luis Nevarez provided a report for the Council’s review and consideration. Following a lengthy discussion, it was moved by Mayor Sigala to lower the cooling center activation temperature to 102 degrees and provide free bus rides to those traveling to the cooling centers during activation. The motion died for lack of a second. There was no further discussion or action taken on this matter.  8016 (4) City Manager: a. Consideration for the selection of a Council Member as a city representative for the Tulare Downtown Association (TDA). [Submitted by: R. Hunt per direction at 6/4 meeting] City Manager Rob Hunt provided a report for the Council’s review and consideration. Mayor Sigala advised he would like to serve on this board. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 4 to 0 (Council Member Nunley absent) to appoint Mayor Sigala to serve as representative on the Tulare Downtown Association. b. Receive City Council direction on whether to cancel the July 2, 2019, meeting. Mayor Sigala introduced the item and requested comments from Council. Following discussion, it was the consensus of the Council to proceed with the July 2, 2019 meeting. XIII. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Vice Mayor Mederos requested and it was the consensus of the Council that an item be agendized to develop a protocol for deciding what Council will make proclamations and certificates for and how they are displayed when presented; and discuss the use of a calendar of events to ensure city representation at events. XIV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session at 10:43 p.m. for matters as stated by City Attorney Mario Zamora. (a) 54957.6b Conference with Labor Negotiators Represented/Unrepresented Employee(s): Fire, Miscellaneous, Mid- Management, Department Head Group Negotiators: Rob Hunt, Darlene Thompson, Janice Avila, Mario Zamora [Submitted by: J. Avila; D. Thompson, M. Zamora] (b) 54956.9(b) and 54956.9(d)(2) Conference with Legal Counsel – Anticipated Litigation (1) [Submitted by: R. Hunt, M. Zamora] XV. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed meeting at 11:32 p.m. XVI. CLOSED SESSION REPORT (if any) Mayor Sigala advised there was no reportable action.  8017 XVII. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 11:32 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