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ACTION MINUTES
CITY COUNCIL OF THE CITY OF TULARE
July 19, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, July 19, 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
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Diego Ibanez, Michael Miller, Jose Rivas, Jason Bowling, Maegan Peton I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed 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 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): 6 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 7:19 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 7:19 p.m. 8475
A regular meeting of the City Council of the City of Tulare was held on Tuesday, July 19, 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
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Janice Avila, Diego Ibanez, Michael Miller, Jason Glick, Trisha Whitfield, Traci Myers, Michael Ott, Fred Ynclan, Manny Correa, Steven Sopp, Michael Powers, Nick Bartsch, Jose Rivas, Jason
Bowling, Maegan Peton
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the special meeting to order at 7:19 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Sigala led the pledge of allegiance and an invocation was given by Council Member Isherwood.
IX. PROCLAMATIONS & RECOGNITIONS
1. Recognition of retired Finance Director Darlene Thompson. Mayor Mederos recognized retired Finance Director Darlene Thompson for her years of service.
2. Spotlight on Excellence – Employee Recognition. Police Chief Fred Ynclan recognized Derek Burrell as this quarter’s Employee Recognition recipient.
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.
Donnette Silva-Carter, Tulare Chamber of Commerce CEO, provided an update on Chamber events.
XI. COMMUNICATIONS
City Manager Marc Mondell stated there were no communications.
XII. CONSENT CALENDAR
It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 5, 8, and 11.
1. Authorization to read ordinances by title only.
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2. Approve minutes of the June 21, 2022, regular meeting and July 12, 2022, special meeting. [Submitted by: M. Hermann]
3. Receive the monthly investment report for April, May, and June 2022. [Submitted by: D. Ibanez]
4. Approve a resolution allowing for council members to attend council meetings remotely. [Submitted by: M. Zamora]
5. Adopt a resolution authorizing the City of Tulare to submit general setup conditions documents to the California Department of Housing and Community Development (HCD) for funding under the HOME Investment Partnerships Program to implement a Tenant Based Rental Assistance Program; and authorize the City Manager or designee to execute any and all other necessary documents. [Submitted by: A. Costales] Council Member Isherwood pulled this item for clarification. Community and Economic Development Director Traci Myers provided a response thereto. It was moved by Council Member Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.
6. Adopt a resolution making findings necessary for declaration of Shelter Crisis; declaring a Shelter Crisis pursuant to Government Code Section 8698.2; and directing the City Manager to take certain administrative actions to streamline provisions to provide shelter to people experiencing homelessness. [Submitted by: T. Myers]
7. Adopt a resolution accepting the Irrevocable Offer of Dedication for Lot A, as shown on the Recorded Map of Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder.
Direct the City Clerk to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M. Miller]
8. Approve the Parcel Map filed by Quest Equity, LLC for the division of land located on the southwest corner of Corvina Avenue and Hillman Street 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 Isherwood, seconded by Mayor Mederos, and carried 4 to 1 (Council Member Sigala voted no) to approve the item as presented.
9. Approve a Quitclaim Deed for Lot D of Phase 1 of the Oakcrest subdivision to D.R. Horton CA3, Inc., a Delaware Corporation, located approximately 180 feet west of the intersection of Madalyn Avenue and Rivers Street in the Oakcrest Subdivision; and authorize the City Manager to sign the respective Certificate of Conveyance. [Submitted by: M. Miller]
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10. Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $357,162 for topographic surveying, geotechnical analysis, design, bidding and construction support services for the site development and construction of a Homeless Shelter facility (Project - FM0048); and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($35,716) of the contract award amount. [Submitted by: N. Bartsch]
11. Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN 168-340-001 in the amount of $19,000 for public right-of-way required by Project EN0074, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Powers] Council Member Sigala pulled this item for an update on related projects. Senior Project Manager Nick Bartsch 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.
12. Reject the liability claim filed on June 24, 2022, by Amarjit S. Dhanoa for loss of daily sales in the amount of $10,000, for the period of May 5, 2022 through May 27, 2022, due to the closure of one of three street entrances into the Bellevue Mini Market. [Submitted by: J. Avila]
13. Authorize the City Manager to sign a contract for the purchase of a 5- Position Dispatch Console system from Motorola Solutions in the amount of $341,114.00 and authorize a contingency in the amount of $8,886.00 for a total maximum contract amount of $350,000.00 utilizing Sourcewell cooperative purchasing. [Submitted by: F. Ynclan]
14. Adopt a resolution amending the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff. [Submitted by: M. Mondell]
15. Authorize the City Manager or designee to issue a Request for Proposals for the Management and Operations of the Zumwalt Park Amphitheater. [Submitted by: J. Glick]
XIII. SCHEDULED PRESENTATIONS
1. Presentation by ENGIE Services U.S. – Energizing City of Tulare. ENGIE Services Senior Manager Ashu Jain provided a presentation for Council consideration.
XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3)
1. Council discussion regarding BPU Notice pertaining to resumption of utility shutoffs. This item was discussed and Mayor Mederos mentioned the possibility of scheduling a joint meeting with the BPU.
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XV. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.
1. Adopt a resolution confirming the diagram and landscape maintenance assessments and levying assessments for fiscal year 2022-23; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for Council consideration. Mayor Mederos opened the public hearing at 9:36 p.m. Receiving no public comment, the public hearing was closed at 9:37 p.m. It was moved by Council Member Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to adopt a resolution confirming the diagram and landscape maintenance assessments and levying assessments for fiscal year 2022-23; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.
2. Adopt a resolution adopting a Mitigated Negative Declaration prepared Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745; adopt a resolution approving General Plan Amendment No. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial, and pass to print an Ordinance approving Zone Amendment No. 745, to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation. [Submitted by: S. Sopp] Principal Planner Steven Sopp provided a report for Council consideration. Mayor Mederos opened the public hearting at 9:41 p.m. Greg Dowd of Derrell’s Mini Storage provided comment in favor of the item. Receiving no further comment, Mayor Mederos closed the public hearing at 9:44 p.m. It was moved by Council Member Isherwood, seconded by Council Member Sigala, and unanimously carried to adopt a resolution adopting a Mitigated Negative Declaration prepared Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745; adopt a resolution approving General Plan Amendment no. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial, and pass to print an Ordinance approving zone Amendment No. 745, to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation.
3. Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747; adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential; and pass to print an Ordinance approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to 8479
the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations. [Submitted by: S. Sopp] Principal Planner Steven Sopp provided a report for Council consideration. Mayor Mederos opened the public hearing at 9:49 p.m. Melody Haigh of DR Horton and Clayton Merrill of 4 Creeks provided comment in favor of the item. Receiving no further public comment, Mayor Mederos closed the public hearing at 9:52 p.m. It was moved by Council Member Isherwood, seconded by Council Member Harrell, and unanimously carried to adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747; adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential; and pass to print an Ordinance Approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to R-1-5 (Single-family residential, 5,000 sw. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations.
4. Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez proved a report for Council consideration. Mayor Mederos opened the public hearing at 10:02 p.m. Receiving no public comment, the public hearing was closed at 10:02 p.m. It was moved by Council Member Sigala, seconded by Mayor Mederos, and unanimously carried to adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments.
XVI. 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. Tulare City Council, in its capacity as the Housing Successor Agency, review and consider the Housing Successor Fund request by Lighthouse Rescue Mission to receive grant funds in the amount of $500,000 over two years to support emergency shelter activities such as salaries, hygiene facilities, utilities, insurance and other maintenance and operation expenses for the 16 emergency shelter beds located at 214 South H Street. [Submitted by: T.
Myers] This item was taken out of order and heard following Scheduled Presentations. Community and Economic Development Direct Traci Myers provided a report for Council consideration.
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Public comment received in support of Lighthouse Rescue Mission receiving grant funds: Renee Soto, Fred Brown, Dave Clevenger, Karen Beemus, representatives of the Lighthouse Rescue Mission and Adrian, representative of the Dolores Huerta Foundation.
Following discussion, it was moved by Vice Mayor Sayre, seconded by Mayor Mederos, and unanimously carried to release grant funds in the amount of $500,000 over two years to support emergency shelter activities such as salaries, hygiene facilities, utilities, insurance and other maintenance and operation expenses for the 16 emergency shelter beds located at 214 South H Street.
2. Adopt resolutions consenting to inclusion of commercial, industrial, and agricultural properties within the City of Tulare’s jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) and in the Golden State Finance Authority Program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, seismic retrofitting, fire prevention and other improvements; and in so doing, approving associate membership of the City in the joint exercise of powers authority related thereto. [Submitted by: T. Myers] Community and Economic Development Direct Traci Myers and Glyn Milburn of Ygrene Energy provided a report for the Council’s consideration. City Manager Marc Mondell read an email correspondence received from Ricardo Armendarez expressing support in adopting the resolutions. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to adopt resolutions consenting to inclusion of commercial, industrial, and agricultural properties within the City of Tulare’s Jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) and in the Golden State Finance Authority Program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, seismic retrofitting, fire prevention and other improvements; and in so doing, approving associate membership of the City in the joint exercise of powers authority related thereto.
3. Review and discuss possibly amending the current Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts. [Submitted by: M. Correa] Safety, Compliance and Facilities Officer Manny Correa provided a report for Council consideration. Following discussion, it was moved by Mayor Mederos, seconded by Council Member Harrell, and unanimously carried to proceed with amending the current Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts.
XVII. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Sigala requested and received Council consensus to direct staff to prepare an item for a future agenda to discuss adding to the Municipal Code to include commercial parking near the address of 1920 W. Prosperity. 8481
Council Member Isherwood requested and received Council consensus to direct staff to prepare an item for a future agenda to discuss parking concerns on Mooney Boulevard near Alpine Vista Elementary School.
XVIII. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 10:35 p.m.
President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
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Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare