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ACTION MINUTES
CITY COUNCIL OF THE CITY OF TULARE
June 7, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, June 7, 2022, at 6:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.
COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala (via Zoom)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Janice Avila, Diego Ibanez, Fred Ynclan, Michael Ott, Nick Bartsch, Michael Miller, Manny Correa, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:07 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 citizen comments.
III. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
1. Conference with Labor Negotiators pursuant to Government Code § 54957.6 Designated Representatives: Mario Zamora, Marc Mondell, Josh McDonnell, Janice Avila, Diego Ibanez
Employee Organization: TPOU
2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code § 54956.9(b): 1 case Name of Case: Bradley, Daniel vs. City of Tulare
Worker’s Compensation Case FR210013 and FR200640
3. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 1 case
4. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 7 cases Mayor Mederos adjourned to closed session at 6:07 p.m. for items on the agenda as stated by City Attorney Mario Zamora.
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IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:32 p.m.
V. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.
VI. ADJOURN CLOSED SESSION
Mayor Mederos adjourned the closed session at 7:32 p.m.
A regular meeting of the City Council of the City of Tulare was held on Tuesday, June 7, 2022, at 7:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.
COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala (arrived at 7:47 p.m.)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Mario Anaya, Janice Avila, Michael Ott, Fred Ynclan, Diego Ibanez, Michael Miller, Trisha Whitfield, Jason Glick, Nick Bartsch, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:32 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and an invocation was given by Vice Mayor Sayre.
IX. PROCLAMATIONS & RECOGNITIONS
1. Proclamation in honor of Dairy Month, June 2022. Mayor Mederos presented a proclamation declaring June 2022 as Dairy Month in the City of Tulare.
2. Proclamation in honor of LGBTQ Pride Month, June 2022. Mayor Mederos presented a proclamation declaring June 2022 as LGBTQ Pride Month in the City of Tulare.
X. CITIZEN COMMENTS
Mayor Mederos 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.
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Donnette Silva-Carter, Tulare Chamber of Commerce CEO, provided an update on Chamber events.
Don Dolan, Aiver de la Torre, and Raymond Robles addressed the Council regarding tow trucks in residential areas expressing need for allowing tow trucks to park in residential areas for rapid response times.
XI. COMMUNICATIONS
City Manager Marc Mondell stated there were no communications.
XII. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item 14.
1. Authorization to read ordinances by title only.
2. Approve minutes of the May 17, 2022, regular meeting. [Submitted by: M.
Hermann]
3. Adopt Ordinance 2022-06 amending the zoning map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 746. [Submitted by: S. Sopp]
4. Adopt Ordinance 2022-07 amending Title 7, Health and Sanitation, of the Municipal Code to add Chapter 7.17 Mandatory Recycling and Organic Waste Disposal Reduction. [Submitted: A. Bettencourt]
5. Adopt a resolution calling the General Municipal Election, requesting and consenting to consolidation of elections, setting specifications of the election order, and requesting the Tulare County Board of Supervisors permit the County Registrar of Voters to render specified services to the City relating to the conduct of the election. [Submitted by: M. Hermann]
6. Reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term. [Submitted by: M. Hermann]
7. Adopt a resolution of intent to receive the draft report of Tulare Downtown Association Board of Directors, and set June 21, 2022, as the public hearing date regarding annual assessments for the Parking and Business Improvement Area. [Submitted by: D. Thompson]
8. Receive a list of proposed projects to be funded through Senate Bill No. 1 (SB 1) revenues; and adopt a resolution which includes the 2022/23 Road Maintenance and Rehabilitation Account (RMRA) funds in the City’s 2022/23 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those funds. [Submitted by: N. Bartsch] 8459
9. Approve and authorize the City Manager to sign a contract amendment in the amount of $8,000 with Lane Engineers for additional surveying and construction staking services related to City Project EN0090 – SequoiaSpruce Tracts Improvements, a street and utility improvement project on Spruce St., Sierra Ave., Sequoia Ave., Dayton St., and Kern Ave; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [Submitted: N.
Bartsch]
10. Approve a list of pre-qualified consultants for On-Call Architectural and Landscape Architectural Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with 4 Creeks of Visalia, CA; RRM Design Group of San Luis Obispo, CA; and Design Lab 252 of Fresno, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions. [Submitted by: N. Bartsch]
11. Approve the Quitclaim Deed for a storm drain detention facility easement located on property west of Retherford Street and south of the Corvina Avenue alignment to Quest Equity, LLC.; and authorize the City Manager to sign the respective Certificate of Conveyance. [Submitted by: M. Miller]
12. Adopt a resolution initiating proceedings for the formation of Assessment District 2022-01 for the Fernjo Estates subdivision and setting June 21, 2022, as the date for the public hearing to consider the formation of same. [Submitted by: M. Miller]
13. Approve four (4) Grant Deeds to the State of California for City-owned property required for the construction of a new interchange on Highway 99 at International AgriCenter Way, and authorize the City Manager or his designee to sign a Certificates of Conveyance for the same. [Submitted by:
M. Miller]
14. Approve the final map and subdivision improvement agreement for Phase 1 of the Liberty Hill Subdivision for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] Council Member Sigala pulled this item for clarification. City Engineer Michael Miller provided a response thereto. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.
15. Accept a grant of easement from Hwy 65, LLC, a California Limited Liability Company for public utility purposes associated with the International AgriCenter Way Interchange Project, and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M.
Miller]
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16. Adopt resolution for the summary vacation (“abandonment”) of a temporary access easement associated with Phases 3 and 4 of the Kensington Estates subdivision per Section 8330 (a) of the California Streets and Highway Code. [Submitted by: M. Miller]
17. Approve a short-term deferred improvement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Liability Company, allowing the construction of the Pacific Avenue frontage improvements for Phases 4 and 5 of the Willow Glen subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 5 of the Willow Glen subdivision, whichever occurs first. [Submitted by: M. Miller]
18. Final acceptance of public works improvements for Phase 4 of the Willow Glen subdivision, located along the south side of Pacific Avenue west of Mooney Boulevard, as complete. [Submitted by: M. Miller]
19. Approve the final map for Phase 5 of the Willow Glen subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller]
20. Approve the cancellation of the regular meeting of July 5, 2022.
XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) Council reported out on events attended and discussed items of interest.
XIV. PUBLIC HEARINGS
1. Consideration and possible approval of an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a report for Council consideration. Mayor Mederos opened the public hearing at 8:04 p.m. Receiving no public comment, the public hearing was closed at 8:05 p.m. Lieutenant Hamlin provided additional information and responded to questions from Council. It was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried to pass to print an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481.
XV. GENERAL BUSINESS
1. Review and provide direction on the proposed 2022/2023 general fund budget and set the public hearing to adopt said budget on June 21, 2022. [Submitted by: D. Thompson] City Manager Marc Mondell introduced the item.
Deputy City Manager Josh McDonnell provided a presentation to Council.
Questions by Council were responded to by staff. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to set the public hearing for June 21, 2022. 8461
2. Discussion and possible adoption of a resolution submitting a proposed cannabis tax to voters and number of retail locations. [Submitted by: M.
Zamora] City Attorney Mario Zamora provided a report for Council consideration. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to adopt the resolution as presented submitting a proposed cannabis tax to voters.
3. Approve a contract amendment with 4 Creeks in the amount of $253,247 for engineering and architectural services needed to complete the design, bidding and construction support related to the renovation of the former Courthouse building; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [Submitted by: N. Bartsch] Senior Project Manager Nick Bartsch provided a report for Council consideration. Matt Ainley of 4 Creeks provided a presentation to Council. Questions by Council were responded to by staff. Following discussion, it was moved by Council Member Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.
4. Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. It was the consensus of Council to direct staff to move forward with program.
5. Update and discussion regarding maintenance of vacant lots. [Submitted by:
M. Ott] Fire Chief Michael Ott provided an update to Council. Questions by Council were responded to by staff. No action taken; informational only.
6. Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement. [Submitted by: T. Myers] It was the consensus of Council to continue this item to a future meeting and direct staff to notify the tow companies when the item will be brought back to Council.
XVI. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Sigala requested and received Council consensus to direct staff to place an item on the June 21 agenda for Council discretionary spending.
Council Member Sigala requested and received Council consensus to direct staff to have a Closed Session item regarding an update on the property acquisition for the West and Prosperity intersection.
Mayor Mederos advised retired Fire Chief Wes Hensley and retired Finance Director Darlene Thompson will be honored at a future Council meeting to be coordinated by Chief Deputy City Clerk Melissa Hermann.
Mayor Mederos requested and received Council consensus to direct staff to place an item on a future agenda to discuss a policy regarding the dais seating arrangement. 8462
XVII. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 9:43 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
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