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

8063 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE October 22, 2019 A study session of the City Council, City of Tulare was held on Tuesday, October 22, 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 Arrived at 7:00 p.m. STAFF PRESENT: Rob Hunt, Mario Zamora, Luis Nevarez, Janice Avila, Wes Henlsey, Josh McDonnell, Darlene Thompson, Craig Miller, Michael Miller, Trisha Whitfield, Steve Bonville, Nick Bartsch, Traci Myers, Mario Anaya, Melissa Hermann I. CALL TO ORDER STUDY SESSION Mayor Sigala called the study 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. Patrick Orosco, a developer, shared insight regarding the retail cannabis business. Karim Ali addressed the Council regarding who should be considered to receive a license for a retail cannabis business. Frank Fernandes, Craig Hamilton, Paul Freitas voiced their opposition to the cannabis ordinance and allowing retail sale in the City. III. STUDY SESSION (1) Review of comprehensive Cannabis Ordinance prepared at the direction of the City Council at the September 17, 2019 meeting and direction to set for public hearing. [Submitted by: M. Zamora] City Attorney Mario Zamora reviewed the draft ordinance eliciting Council comments and direction. Following discussion, the following direction was provided: • Explore expanding ability to establish retail in C4 & downtown; • Add transportation requirements in the Mobile Delivery section providing language for requirements when transporting the product from the dispensary to the home; and • Add language stating that regulatory permits are not transferable without consent of the City.  8064 Council Member Jones moved to provide direction to staff to include language in the ordinance for cultivation, manufacturing, and testing. The motion failed for lack of a second. Council Member Jones expressed a desire for a moratorium on selling CBD products until the cannabis ordinance is adopted. Mayor Sigala stated that this topic can be brought up during the regular meeting’s Items of Interest section of the agenda as it is a separate discussion. IV. ADJOURN STUDY SESSION Mayor Sigala adjourned the study session at 7:17 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, October 22, 2019, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. [On August 6, 2019, the Tulare City Council rescheduled the October 15, 2019 regular meeting to October 22, 2019.] COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Terry A. Sayre, Carlton Jones Left at 9:00 p.m., Greg Nunley STAFF PRESENT: Rob Hunt, Mario Zamora, Luis Nevarez, Janice Avila, Wes Henlsey, Josh McDonnell, Darlene Thompson, Craig Miller, Michael Miller, Trisha Whitfield, Steve Bonville, Nick Bartsch, Traci Myers, Mario Anaya, Melissa Hermann V. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 7:26 p.m. VI. PLEDGE OF ALLEGIANCE AND INVOCATION Donnette Silva-Carter led the Pledge of Allegiance and an invocation was given by John Harman. 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. Lenord Ogans, resident of Matheny Tract, addressed the Council regarding dust from harvesting affecting air quality, sewer issues, and flag system for spraying.  8065 Sandy Smith, resident of Tulare, addressed the Council regarding the Police Department’s response to a public urination report as well as speeding on F Street. Paul Freitas, resident of Tulare, addressed the Council regarding speeding on F Street, a phone call to the City Manager, a public records request, and his water bill. Mayor Sigala advised the City Manager to contact Mr. Freitas, the City Clerk’s Office and the City Attorney’s Office to process Mr. Freitas’ public records request, and advised Public Works Director Trisha Whitfield to work with staff regarding the water bill concern. Euler Torres of the ROOX Agency expressed gratitude to the City for support of the Farm Worker event over the weekend at Zumwalt Park. John Harman of the Tulare Downtown Association shared the upcoming events. VIII. COMMUNICATIONS There were no items for this section of the agenda. IX. 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 4, 5, and 6. (1) Authorization to read ordinances by title only. (2) Approve minutes of October 1, 2019 special/regular meeting(s). [Submitted by: R. Yoder] (3) Confirm the Mayor’s reappointment of Chris Harrel and Tom Griesbach to the Board of Public Utilities vacancy for terms ending December 31, 2023. [Submitted by: R. Hunt] (4) Adopt Resolution 19-46 amending the City’s Non-Utility Position Control Budget (PCB) to reflect the following: a. Add and set the salary ranges for the classifications of one (1) Deputy City Manager and one (1) General Services Manager; and, b. Change the salary range of the Community and Economic Development Director classification; and, c. Delete the classifications of one (1) Community Development Deputy Director and one (1) General Services Director. Council Member Nunley and Vice Mayor Mederos pulled this item for discussion. City Manager Rob Hunt and Human Resources Director Janice  8066 Avila provided clarification. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 4 to 1 (Council Member Nunley voted no) to adopt Resolution 19-46 as presented. (5) Adopt Ordinance 19-06 for a zoning text Amendment to Chapters 10.40 and 10.64 of the City of Tulare Municipal Code in order to add solar arrays to the list of uses permitted and conditionally permitted in Commercial (10.40) and Industrial (10.64) zone districts. [Submitted by: M. Anaya] Mayor Sigala pulled the item due to a public comment request. David Arnett addressed the Council. Following comment, Mayor Sigala recommended Mr. Arnett meet with staff regarding comments. It was moved by Council Member Nunley, seconded by Vice Mayor Mederos, and unanimously carried to adopt Ordinance 19-06 as presented. (6) Extend the conditional approval for the final map and subdivision improvement agreement of Phase 1 of The Greens at Oak Creek subdivision for recordation, and accept all easements and dedications offered to the City, including a Grant of Easement for temporary turnarounds for emergency vehicle purposes and a temporary run-off pond for street runoff, subject to receipt of the signed final map, all fees, and other required items prior to December 21, 2019. [Submitted by: M. Miller] Council Member Nunley pulled this item to recuse due to a conflict of interest. Questions posed by Mayor Sigala were responded to by City Engineer Michael Miller. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones, and carried 3 to 1 (Council Member Nunley recused; Mayor Sigala voted no) to approve the item as presented. (7) Accept as complete the contract with A-C Electric Company for work on Project EN0072 to construct traffic signal modifications at Prosperity Avenue and ‘M’ Street. 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: J. Funk] (8) Receive, review, and file the Monthly Investment Report for August and September 2019. [Submitted by: D. Thompson] (9) Reject the following claims for damage filed on September 12, 2019: • Hanah Salazar; John Blakely; Sadie Blakely; Lucas Blakely; Eric Blakely; Aiden Blakely [Submitted by: J. Avila]  8067 X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Library Board Annual Report presented by Board Chair Lisa Hollingshead. Lisa Hollingshead provided a presentation. Library Manager Heidi Clark provided an update regarding the book sale move following an inquiry by Council Member Sayre. (2) Progress Update by Randy Dodd, President, Adventist Health Tulare. Randy Dodd provided an update to the Council. Questions posed by the Council were responded to by Mr. Dodd. XI. MAYOR’S REPORT (1) Consideration to identify available funding and authorize any necessary budget transfers, for the upcoming visit of Angra do Herosimo, Tulare’s Sister City, November 8, 2019, to be utilized toward a welcome event coordinated with the Angra do Herosimo Sister City Foundation for said visit. [Submitted by: R. Hunt] Mayor Sigala introduced the item. Vice Mayor Mederos provided additional background information, advised what the Sister City Foundation plans on doing, and expressed a desire to provide a tour of certain City facilities for the Sister City Angra do Herosimo visit. It was moved by Council Member Jones, seconded by Council Member Sayre, and unanimously carried to provide funding for the lunch no more than $500 divided equally between each Council Member’s travel fund. (2) Consideration of authorizing the Mayor to execute a letter to the California Transportation Commission to fully fund SR-99 project components recommended for deletion. Mayor Sigala introduced the item and expressed a desire to send a letter to Governor Newsom. It was moved by Council Member Nunley, seconded by Vice Mayor Mederos, and carried 4 to 1 (Council Member Jones voted no) to authorize the execution the letter. XII. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY – Mayor Sigala convened jointly as the Tulare City Council and the Tulare City Council acting as the Successor Agency to the Tulare Redevelopment Agency at 8:40 p.m. (1) Successor Agency: a. Authorize the City Manager to execute the documents necessary to waive the First Right of Refusal and future covenants with regard to the sale of the property APN# 176-400-011 and to record those documents, subject to minor conforming changes approved by the City Attorney. [Submitted by: S. Bonville] General Services Director Steve Bonville provided a report. It was moved by Council Member Nunley, seconded by  8068 Council Member Sayre, and unanimously carried to approve the item as presented. XIII. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL – Mayor Sigala adjourned as the Tulare City Council and the Tulare City Council acting as the Successor Agency to the Tulare Redevelopment Agency and remained seated as the Tulare City Council at 8:43 p.m. 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 receive presentation from TischlerBise regarding Development Impact Fee (DIF) Study and receive testimony regarding the same. Identify preferred alternative and consider adoption of Resolution 19-47 to establish new Development Impact Fees for residential development in the City of Tulare with direction to pass-to- print Ordinance 19-08 for the repeal and replacement of Chapter 8.56 of title VIII of the Municipal Code pertaining to development impact mitigation fees. [Submitted by: M. Miller] Council Member Nunley recused due to a conflict and left the room. Community and Economic Development Director Josh McDonnell introduced the item and a presentation was provided by TischlerBise. The public hearing was opened at 9:13 p.m. Comment was received by James Brownyard regarding the Mitigation Fee Act and Quimby Act. Mr. Brownyard advised under the Mitigation Fee Act you are required to identify the need and the purpose of the fee which is lacking from the documentation and requesting the basis of the needs. Mayor Sigala inquired if it would be sufficient if the City determined the needs, held public meetings regarding those needs, and came up with the costs for those needs. Mr. Brownyard stated they would have to accept that. Comment was received from Brian Todd, CEO of the Building Industry Association of Tulare and Kings Counties stated the BIA is willing to accept the fee amounts in the latest study and referenced the letter provided to Council which highlights concerns on how fees were calculated. Mayor Sigala closed the public hearing at 9:26 p.m. Mayor Sigala expressed the desire to set up a meeting with Mr. Todd and staff. Vice Mayor Mederos requested that staff, the City Attorney, and the BIA meet and come to an agreement. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 3 to 0 (Council Member Nunley recused; Council Member Jones absent) to continue the public hearing to December 3, 2019.  8069 b. Public Hearing to consider adoption of the following: • Resolution 19-48 certifying the final environmental impact report (EIR) and adopting CEQA Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for the Cartmill Crossings Project - Annexation No. 2017-01, General Plan Amendment No. 2017-03, and Zone Amendment No. 725. • Resolution 19-49 approving General Plan Amendment No. 2017-03, changing the General Plan designation on the site from Regional Commercial to a combination of Regional Commercial, Low Density Residential, Medium Density Residential, High Density Residential, and Parks & Recreation. • Resolution 19-50 requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2017-01 (Cartmill Crossings) and detachment of the property from County Service Area No. 1 and the Tulare Irrigation District. • Pass-to-print Ordinance 19-09 approving Zone Amendment No. 725, pre-zoning the subject property to the following zoning designations: C-3 (Retail Commercial), R-1-6 (Single Family Residential, 6,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum site area per dwelling unit density standard), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum site area per dwelling unit density standard), and PL (Public Lands), to become effective upon annexation into the City limits on property located adjacent to and east of State Route 99 and on the north side of Cartmill Avenue. [Submitted by: M. Anaya] Principal Planner Mario Anaya provided a report for the Council’s review and consideration. Mayor Sigala opened the public hearing at 10:01 p.m. Comment was received by Steve Brant of QK representing the applicant, Bill Morgan, expressing gratitude to City staff for their efforts on this project. Mayor Sigala closed the public hearing at 10:03 p.m. It was moved by Vice Mayor Mederos, seconded by Council Member Sayre, and carried 4 to 0 (Council Member Jones absent) to approve each item as presented. c. Public Hearing to pass-to-print Ordinance 19-10 authorizing the issuance of City of Tulare Water Revenue Bonds, Series 2019 in a principal amount not to exceed $20 million. Proceeds from the Bonds would be used to fund water system capital improvements and potentially refinance an outstanding equipment lease for savings; the ordinance also approves the form of a bond indenture which includes the same legal provisions as the City’s prior issuance of 2017 water revenue bonds. [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 10:06 p.m. Receiving no public comment, Mayor Sigala closed the public hearing at 10:06 p.m. It was moved  8070 by Vice Mayor Mederos, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones absent) to approve the item as presented. (2) Public Works: a. Provide an informational update to the City Council regarding water quality at the Matheny Tract and the proposed Matheny sewer project with Tulare County. [Submitted by: T. Whitfield] Public Works Director Trisha Whitfield provided a report for the Council’s review and consideration. Comments were received from Ken Smith, Renalda Palma, and Lenord Ogans who are residents of Matheny Tract urged the Council to provide sewer service to their area. Blanca Escobedo of Leadership Counsel, Andi Galdamez of Self-Help Enterprises, and Mike Washam from Tulare County Resource Management Agency all spoke in support of providing Matheny Tract with sewer. It was moved by Mayor Sigala, seconded by Vice Mayor Mederos, and carried 4 to 0 (Council Member Jones absent) to have staff set up a meeting with the County and Leadership Counsel to revisit the issue to see what has changed and if there is anything that can be done. (3) Police: a. Massage Ordinance Enforcement Update. [Submitted by: W. Hensley] Chief Hensley provided an update on the City’s enforcement efforts regarding the massage ordinance. XV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) It was the consensus of the Council to place an item on the November 19 agenda to receive the Homelessness Ad Hoc Committee recommendations to Council. It was the consensus of the Council to place an item on the November 19 agenda to discuss the naming of the Cherry Street and Merritt Avenue intersection. It was the consensus of the Council to place an item on a future agenda to discuss alleys and issues surrounding them. XVI. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session for items as noted on the agenda at 10:23 p.m. (a) 54956.9(d)(2) & (e)(3) Conference with Legal Counsel – Anticipated Litigation One (1) item of anticipated litigation [Submitted by: M. Zamora added at 9/17 meeting by the City Council]  8071 (b) 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: Nunley v. City of Tulare, TCSC Case No. 280739 Council Member Nunley recused from both items due to conflicts of interest and left the meeting. XVII. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed session at 11:33 p.m. XVIII. CLOSED SESSION REPORT (if any) Mayor Sigala advised there was no reportable action. XIX. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 11:33 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