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ACTION MINUTES
CITY COUNCIL OF THE CITY OF TULARE
June 21, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, June 21, 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 telephone)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Megan Dodd, Janice Avila, Diego Ibanez, Michael Ott, Greg Merrill, Manny Correa, Clay Roberts, Jason Bowling, Maegan Peton
I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:01 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 Initiation of litigation pursuant to Government Code § 54956.9(c): 7 cases Mayor Mederos adjourned to closed session at 6:02 p.m. for items on the agenda as stated by City Attorney Mario Zamora.
IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 6:45 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 6:45 p.m. 8465
A regular meeting of the City Council of the City of Tulare was held on Tuesday, June 21, 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 (via Zoom)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Megan Dodd, Janice Avila, Michael Ott, Greg Merrill, Diego Ibanez, Trisha Whitfield, Jason Glick, Nick Bartsch, Jan Bowen, Alexis Costales, Clay Roberts, Jason Bowling, Maegan Peton
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:02 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. Recognizing Community Creators for Unity Project. Vice Mayor Sayre presented a certificate of recognition to members of Community Creators.
2. Recognizing State Farm Insurance for 100 years. Mayor Mederos presented certificates of recognition to the local State Farm agents.
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.
Brian Poth and Erika Hawkyard of Source LGBT+ Center thanked council for recognizing June as Pride Month. Mayor Mederos presented Mr. Poth with the Pride Month proclamation from a previous meeting.
Donnette Silva-Carter, Tulare Chamber of Commerce CEO, presented staff and council with Rosa Brother’s milk in recognition of National Dairy Month as well as introducing new staff for the Tulare Chamber of Commerce.
XI. COMMUNICATIONS
City Manager Marc Mondell provided an update on the Police Chief recruitment process and announced current Police Captain Fred Ynclan was chosen as the next Police Chief. Captain Fred Ynclan provided comment.
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XII. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Vice Mayor Sayre, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 6, 9, and 11.
1. Authorization to read ordinances by title only.
2. Approve minutes of the June 7, 2022, regular meeting. [Submitted by: M.
Hermann]
3. Adopt Ordinance 2022-08 adopting the Tulare City Police Department Policy regarding use and inventory of military equipment as required in AB 481. [Submitted by: M. Zamora]
4. Surplus Police K-9 “Thor” and authorize the sale of same to his former handler Officer Bill Robertson for the purchase price of $1.00. [Submitted by:
M. Machado]
5. Adopt a resolution of intention to set a public hearing on July 19, 2022, to adopt landscape maintenance assessments for fiscal year 2022-23. [Submitted by: M. Miller]
6. Authorize the City Manager to execute an oversized construction reimbursement agreement with Quest Equity, LLC for regional storm drainage improvements and property dedication costs that were conditionally required by the City for various private development projects in the Oak Creek development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller] Council Member Sigala pulled this item for clarification. Senior Civil Engineer Jan Bowen 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.
7. Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $416,570 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0098, a street and utility improvement project northeast of Tulare Avenue and Dayton Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($41,657) of the contract award amount. [Submitted by: N.
Bartsch]
8. Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $269,620 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0099, a street and utility improvement project northeast of Tulare Avenue 8467
and Canby Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($26,962) of the contract award amount. [Submitted by: N. Bartsch]
9. Accept the Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for June 2022. [Submitted by: N. Bartsch] Council Member Sigala pulled this item to request an update on the signal light at Prosperity and West. Senior Project Manager Nick Bartsch provided a response thereto. It was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.
10. Authorize the City Manager to sign a contract for the purchase of a Flex CAD/RMS system from Motorola Solutions in the amount of $938,386.73 and authorize a 10% contingency in the amount of $93,838.67, for a total maximum contract amount of $1,032,225.40. [Submitted by: G. Merrill, J.
Bowling, R. Roberts]
11. Authorize the City Manager or designee to sign a 20-year commercial lease agreement with the Tulare Joint Union High School District to provide summer aquatic recreation programming services at the Tulare Western High School pool. [Submitted by: M. Mondell] Mayor Mederos pulled this item for questions on the casualty portion of the agreement. Staff provided a response thereto. It was moved by Mayor Mederos, seconded by Council Member Harrell, and unanimously carried to approve the item subject to a minor change in the casualty paragraph as discussed. Staff will work with the City Attorney’s office on this modification.
12. Authorize the City Manager to execute Agreement Supplement No. 13 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: M. Mondell]
13. Approve a short-term deferred improvement agreement with Presidio JJR Kensington II 100, LLC, a Delaware Limited Liability Company, allowing the construction of the De La Vina Street & Cartmill Avenue intersection traffic signal improvements for Phases 3 and 4 of the Kensington Estates 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 4 of the Kensington Estates subdivision, whichever occurs first. [Submitted by: M.
Miller]
XIII. SCHEDULED PRESENTATIONS
1. Tulare Chamber of Commerce Annual Report presented by CEO Donnette Silva-Carter. Tulare Chamber of Commerce CEO Donnette Silva-Carter and staff member Andy Daniels provided the annual report for Council review. 8468
XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) Council reported out on events attended and discussed items of interest.
XV. PUBLIC HEARINGS
1. Adopt a resolution approving the 2022/23 operating budget (with all component parts as listed below); adopt a resolution approving the 2022/23 Position Control Budget and fixing the rate of compensation of regular fulltime employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare; adopt a resolution establishing the 2022/23 appropriation limit; and receive the BPU adopted Utility Enterprise Fund Budgets. [Submitted by: D. Ibanez] Deputy City Manager Josh McDonnell provided a report for the Council’s consideration. Mayor Mederos opened the public hearing at 9:20 p.m. Receiving no public comment, the public hearing was closed at 9:21 p.m. It was moved by Council Member Harrell, seconded by Council Member Isherwood, and unanimously carried to adopt a resolution approving the 2022/23 operating budget (with all component parts as listed below); adopt a resolution approving the 2022/23 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular parttime employees, City Council members and seasonal/temporary employees of the City of Tulare; adopt a resolution establishing the 2022/23 appropriation limit; and receive the BPU adopted Utility Enterprise Fund Budgets.
2. Adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area 2022/2023 Annual Assessments. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez provided a report to the Council. Tulare Downtown Association Manager John Harman and Adrian Herrera of the Tulare Downtown Association provided comment. Mayor Mederos opened the public hearing at 9:22 p.m. Receiving no public comment, the public hearing was closed at 9:23 p.m. It was moved by Council Member Isherwood, seconded by Council Member Harrell, and unanimously carried to adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area 2022/2023 Annual Assessments.
3. Adopt a resolution ordering improvements for Assessment District 2022-01 for the Fernjo Estates subdivision located along the east side of Mooney Boulevard south of Clover Meadow Avenue. [Submitted by: M. Miller] Deputy City Manager Josh McDonnell provided a report for Council’s consideration. Mayor Mederos opened the public hearing at 9:32 p.m. Receiving no public comment, the public hearing was closed at 9:32 p.m. It was moved by Council Member Harrell, seconded by Vice Mayor Sayre, and unanimously carried to adopt a resolution ordering improvements for Assessment District 2022-01 for the Fernjo Estates subdivision located along the east side of Mooney Boulevard south of Clover Meadow Avenue.
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4. Adopt a resolution approving allocation of the City of Tulare’s Encampment Resolution Funding (ERF) Program grant funds in the total amount of $1,029,974 for various services; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program. [Submitted by: A. Costales] Senior Housing and Grants Specialist Alexis Costales provided a report for the Council’s consideration. Mayor Mederos opened the public hearing at 9:43 p.m. Receiving no public comment, the public hearing was closed at 9:44 p.m. It was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to adopt a resolution approving allocation of the City of Tulare’s Encampment Resolution Funding (ERF) Program grant funds in the total amount of $1,029,974 for various services; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program.
XVI. GENERAL BUSINESS
1. 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] This item was taken out of order and heard following Citizen Comments. Community and Economic Development Director Traci Myers provided a report for the Council’s consideration. Mayor Mederos recused himself due to a business conflict.
Public comment received in support of modifying the ordinance: Erika Rascon, attorney for Prime Towing; Andy Daniels of the Tulare Chamber of Commerce; Jason Bender, Tulare resident; Aiver De La Torre of Prime Towing.
Public comment received against modifying the ordinance: Mark Harry, Tulare resident (email correspondence read by City Manager Marc Mondell).
Following discussion, it was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to direct staff to draft a modification of the ordinance to allow tow trucks to be parked in a residential zone while on rotation with the City.
2. Approve the term sheet for operation of a business accelerator at the former courthouse and direct staff to prepare a lease agreement between the City of Tulare and the Tulare Chamber of Commerce. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. Donnette Silva-Carter, Tulare Chamber of Commerce CEO, provided clarification. Following discussion, it was moved by Mayor Mederos, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.
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3. Receive a fund balance update and direct staff to transfer City Council FY 2021-2022 appropriated Community Improvement funds to approved projects. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez provided a report for the Council’s consideration. Following discussion, it was agreed that staff would provide an update on the Council Travel Fund balances in August as well as provide a budget amendment to appropriate an additional $2,500 for each Community Improvement fund.
4. Approve a contract with RRM Design Group in the amount of $653,850 for design and construction support services for the redevelopment of Zumwalt Park; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($65,385) of the contract amount. [Submitted by: N. Bartsch] City Manager Marc Mondell, Senior Project Manager Nick Bartsch, and Aaron Oliver of Lane Engineers provided a presentation for Council review and consideration. Todd Speelman of ST Productions was also available via Zoom for questions. Following discussion, it was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.
5. Select one of the nominees from the cities in Tulare County to serve as the Transit Representative to the Tulare County Association of Governments. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Isherwood, and unanimously carried to nominate Hipolito A. Cerros from the City of Lindsay to serve as the Transit Representative to the Tulare County Association of Governments.
XVII. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) There were no items.
XVIII. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 11:10 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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