City Council Special Meeting

7994 ACTION MINUTES OF TULARE CITY COUNCIL, CITY OF TULARE May 14, 2019 A study session of the City Council, City of Tulare was held on Tuesday, May 14, 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 Jones6:09 p.m., Greg Nunley6:26 p.m. STAFF PRESENT: Rob Hunt, Megan Dodd, Janice Avila, Matt Machado, Luis Nevarez, Steve Bonville, Traci Myers, Michael Miller, Darlene Thompson, Trisha Whitfield, Brian Beck, Nick Bartsch, Jason Bowling, Heidi Clark, Roxanne Yoder 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. There were no public comments. III. STUDY SESSION (1) Presentation and request for further direction regarding the City of Tulare General Fund 19/20 Version 2 budget and individual department presentations. Interim City Manager Rob Hunt provided a brief introduction of the staff presentations. The following Department Presentations were provided for the Council’s review and consideration: Community Services – Brian Beck, Interim Community Services Director Community Development – Traci Myers, Community Development Deputy Director and Michael Miller, City Engineer General Services – Steve Bonville, General Services Director Public Works – Trisha Whitfield, Public Works Director Police – Matt Machado, Police Captain Fire – Luis Nevarez, Fire Chief Finance Director Darlene Thompson provided a PowerPoint presentation regarding the City’s 2019/20 version 2 Budget for the Council’s review, consideration and direction.  7995 Questions and comments posed by Council were addressed by staff. Following discussion, it was moved by Mayor Sigala, seconded by Council Member Nunley and unanimously carried to approve the Version 2 budget as presented, using reserves to balance the budget and schedule the Public Hearing to consider budget adoption of June 6, 2019. IV. ADJOURN STUDY SESSION Mayor Sigala adjourned the study session at 7:54 p.m. A regular session of the City Council, City of Tulare was held on Tuesday, May 14, 2019, at 7:00 p.m., in the Tulare Public Library & Council Chambers, 491 North “M” Street. COUNCIL PRESENT: Jose Sigala, Dennis A. Mederos, Carlton Jones, Greg Nunley, Terry A. Sayre STUDENTS PRESENT: Alex Arroyo STUDENTS ABSENT: Greg Garcia STAFF PRESENT: Rob Hunt, Megan Dodd, Janice Avila, Matt Machado, Luis Nevarez, Steve Bonville, Traci Myers, Michael Miller, Darlene Thompson, Trisha Whitfield, Brian Beck, Nick Bartsch, Jason Bowling, Roxanne Yoder V. CALL TO ORDER REGULAR SESSION Mayor Sigala called the regular session to order at 8:01 p.m. VI. PLEDGE OF ALLEGIANCE AND INVOCATION Captain Matt Machado led the Pledge of Allegiance and an invocation was given by Howard Stroman. 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. No public comments.  7996 VIII. COMMUNICATIONS Council Member Nunley recused himself from discussion due to a business relationship. Interim City Manager Rob Hunt advised that petitions were received from Arnel Koster; no discussion or action taken. 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 item(s) 3 & 7. (1) Authorization to read ordinances by title only. (2) Approve minutes of May 2 and May 7, 2019 special/regular meeting. [Submitted by: R. Yoder] (3) Declare Jim Pennington’s seat on the Board of Public Utilities vacant and direct staff to post the vacancy and solicit applications. [Submitted by: R. Hunt & R. Yoder] Council Member Jones pulled the item to discuss the reasons behind the resignation. Assistant City Attorney Megan Dodd advised that Council Member Jones was off topic. Mayor Sigala advised Council Member Jones to address during Items of Interest. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Sayre and unanimously carried to declare the seat vacant as presented. (4) Adopt Resolution of Intent 19-17 to set July 16, 2019 as the Public Hearing to consider the renewal the Tower Square Property-Based Business Improvement District (PBID) and accept the Draft Engineer’s Report. [Submitted by: T. Myers] (5) Adopt Resolution 19-18 authorizing the City Manager or his designee to execute Program Supplement Agreement No. F032 to Administering Agency-State Agreement for Federal-Aid Projects No. 06-5072F15 with the State of California Department of Transportation and any amendments thereto, and conduct all negotiations, execute and submit all documents, including but not limited to agreements, amendments and payment requests related to $1,611,000 in CMAQ funding for purchase of six (6) diesel-powered solid waste collection vehicles. [Submitted by: M. Miller] (6) Reject the following claims filed on May 1, 2019 [Submitted by: J. Avila]: • Estate of Allen Raymond Casselman • Nancy Casselman • Stephanie Bustamonte • Allen Casselman  7997 (7) Reject the liability claim for damages filed by Tim R. Ramirez on May 1, 2019. [Submitted by: J. Avila] Council Member Jones pulled the item to declare a conflict as he is named in the claim and left the room. With no further discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and carried 4 to 0 (Council Member Jones recused) to reject the claim as presented. (8) Adopt the Three-Year Memorandum of Understanding (July 1, 2018 through June 30, 2021) by and between the City of Tulare and the California League of City Employees Associations (CLOCEA). [Submitted by: J. Avila] (9) Approve a list of pre-qualified consultants for on-call Geographic Information Systems services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Geographic Technologies Group of Goldsboro, NC and Miller Spatial Services of Riverside CA for a period of up to three years. [Submitted by: J. Bowling] X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS (1) Presentation of Certificates of Participation to Teens on Board City Council Students. Mayor Sigala presented Alex Arroyo with a Certificate of Participation. XI. MAYOR’S REPORT XII. STUDENT REPORTS Teens on Board Member Alex Arroyo addressed the Council on school related activities and events. XIII. 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) Engineering/Project Management: a. Review and approve a contract amendment with Peters Engineering Group of Clovis, CA in an amount not to exceed $134,335 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 the extension of  7998 improvements on the EN0073 – Cartmill Avenue Improvements Project from De La Vina Street to Mooney Boulevard; Authorize the City Manager, or designee, to approve contract change orders in an amount not to exceed 10% of the revised contract amount; and approve the revised project budget. [Submitted by: N. Bartsch] Council Member Nunley recused himself discussion due to property ownership in the area and left the room. Senior Project Manager Nick Bartsch provided a report for the Council’s review and consideration. Questions and comments posed by Council were addressed by Mr. Bartsch. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Jones and carried 4 to 0 (Council Member Nunley recused) to approve the item as presented. (2) Police: a. Review, discuss & provide direction regarding adding a chapter to the Tulare Municipal Code regarding massage establishments and services. [Submitted by: W. Hensley] Police Captain Matt Machado provided a PowerPoint presentation for the Council’s review, consideration and direction. Following discussion, it was moved by Vice Mayor Mederos, seconded by Council Member Nunley and unanimously carried to direct staff to move forward to set the public hearing and to look into the appeal process within the Ordinance for consideration at that time. XIV. COUNCIL/STAFF UPDATES, REPORTS OR ITEMS OF INTEREST – GC 54954.2(3) Council Member Jones requested an item for closed session to discuss the meeting that led to the resignation of Board of Public Utilities Member Jim Pennington; the request was seconded by Vice Mayor Mederos conditionally, provided that the City Attorney’s Office is able to find a legal cause for closed session, otherwise the matter will not be agendized, and unanimously carried as noted. XV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): Mayor Sigala adjourned to closed session at 8:49 p.m. for matters as stated by Interim City Attorney Megan Dodd. (1) 54956.8b Conference with Real Property Negotiators [Submitted by: S. Bonville] Property: Non-developed empty lots, located on the 300 Block of North M Street and O Street in Tulare APN’s #170-241-011, #170-241-012, #170-242-016, and #170-242-017 Under Negotiation: Price, terms & conditions for proposals received under Request for Purchase Proposal (“RFP”) #18-643 Negotiating parties: Rob Hunt, Mario Zamora, Steve Bonville [Submitted by: S. Bonville]  7999 (2) 54957(b) PUBLIC EMPLOYEE APPOINTMENT - Title: City Manager [Submitted by: J. Avila] XVI. RECONVENE CLOSED SESSION Mayor Sigala reconvened from closed meeting at 9:24 p.m. XVII. CLOSED SESSION REPORT (if any) Mayor Sigala advised there were no reportable actions. XVIII. ADJOURN REGULAR MEETING Mayor Sigala adjourned the regular meeting at 9:24 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