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ACTION MINUTES
CITY COUNCIL OF THE CITY OF TULARE
August 2, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, August 2, 2022, at 6:45 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, Ken Wales, Jason Bowling, Melissa Hermann
I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:45 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 Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2) or (3) Number of Cases: 1 case
Name of Case: Garcia, Mark vs. City of Tulare
Worker’s Compensation Case FR130445, FR130361, FR150480, FR180261 Mayor Mederos adjourned to closed session at 6:46 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 7:00 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 7:00 p.m. 8483
A regular meeting of the City Council of the City of Tulare was held on Tuesday, August 2, 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, Fred Ynclan, Cameron Long, Janice Avila, Traci Myers, Diego Ibanez,
Michael Miller, Trisha Whitfield, Brian Beck, Mario Anaya, Nick Bartsch, Ken Wales, Jason Bowling, Melissa Hermann
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:00 p.m.
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and Council Member Isherwood led a moment of silence to honor the memory of Priscilla Musgrove.
IX. PROCLAMATIONS & RECOGNITIONS
1. Recognition of retired Police Chief Wes Hensley. Mayor Mederos recognized retired Police Chief Wes Hensley for his years of service.
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.
There were no citizen comments.
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 8.
1. Authorization to read ordinances by title only.
2. Approve minutes of the July 19, 2022, regular meeting. [Submitted by: M.
Hermann]
3. Remove a member of the Committee on Aging due to lack of attendance and declare the seat vacant. [Submitted by: M. Hermann]
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4. Adopt Ordinance 2022-09 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]
5. Adopt Ordinance 2022-10 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 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]
6. Accept street right of way dedication along the east side of North Blackstone at 500 North Blackstone Street, and authorize the City Manager or designee to sign a Certificate of Acceptance for same. [Submitted by: M. Miller]
7. Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $48/ton for 3/8” Plant Run Cold Mix with Oil, $47/ton for ½” Plant Run Cold Mix with Oil and $49.10/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [Submitted by: T. Whitfield]
8. Authorize the City Manager or designee to sign Agreement for After School programing between the City of Tulare and the Tulare City School District. [Submitted by: J. Glick] Council Member Sigala pulled this item for clarification.
Questions by Council Member Sigala were responded to by staff. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.
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. Mayor Mederos received Council consensus to seek staff assistance in resolving the issue of the size of the current DMV facility.
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. Review, discuss, and possibly update the terms, term limits, residency requirements, minimum qualifications, and appointment process for City boards, commissions, and committees. [Submitted by: M. Hermann] Chief Deputy City Clerk Melissa Hermann provided a report for Council review and consideration. Jason Bender provided comment regarding the need for education for members of certain boards, commissions, and committees. Following discussion, it was the consensus of Council to update the following:
Appointment Process: All board, commission, and committee appointment processes remain the same with the exception of the Aviation Committee and the 8485
Committee on Aging. The Aviation Committee shall be made up of one Planning Commissioner to be appointed by the Planning Commission, one airport lease holder, and three additional members appointed by the Mayor and confirmed by the Council. The Committee on Aging members shall be appointed by each seat of the Council.
Terms: The terms for all the boards, commissions, and committees shall remain the same.
Term Limits: No term limits set.
Residency Requirements: Members of the boards, commissions, and committees shall either have their principal place of residence within the city limits or in the sphere of influence as indicated below.
Body Residency Requirement
Aviation Committee Sphere of Influence
Board of Public Utilities City Limits
Committee on Aging City Limits
Measure I Citizen Oversight Committee City Limits
Library Board City Limits
Parks and Recreation Commission Sphere of Influence
Planning Commission Sphere of Influence
Police Department Citizen Complaint Review Board City Limits
2. Review the existing Appeals process regarding Planning and Zoning decisions made by staff and the Department Director to Planning Commission, as well as Planning Commission decisions, which can be appealed to City Council. [Submitted by: M. Anaya] City Planner Mario Anaya provided a report for Council review and consideration. Following discussion, it was determined by the majority of Council (Mayor Mederos, Vice Mayor Sayre, and Council Member Isherwood) to have the appeal process remain as is.
3. Consideration and possible approval of an ordinance adding a municipal code section regarding the trapping and spay/neuter of feral cats. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a report for Council review and consideration. Michael Wells provided comment regarding the feral cat issue.
Following discussion, it was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried to pass to print the ordinance.
4. Receive an update on the Council’s Travel and Community Improvement budgets for fiscal year 2022-2023. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez provided a report for Council review. Council directed staff to bring back an item that shows the balance of last fiscal year’s budget for each Councilmember’s Travel and Community Improvement funds and use those balances to request a budget transfer into those funds for the current fiscal year. 8486
XV. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Harrell requested and received Council consensus for staff to prepare a proclamation for the Gong family who have operated Palace Food Depot for 80 years.
Council Member Sigala requested a future item to discuss issues surrounding parking and safety at the soccer facility. Staff made Council aware of efforts made to resolve this issue. There was not a consensus to bring this item back to Council for discussion.
XVI. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 9:35 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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