City of Tulare Page 1
City of Tulare
City Council Meeting Minutes
A special meeting of the City Council of the City of Tulare was held on Tuesday, October 18, 2022 at 6:30 p.m. at the Tulare Public Library in the 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, Mario Zamora, Josh McDonnell, Nick Bartsch, Michael Miller, Jose Rivas, Jason Bowling, Melissa Hermann
CALL TO ORDER
A special meeting was called to order at 6:37 p.m. by Mayor Mederos.
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments.
RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
1. Conference with Legal Counsel
Initiation of litigation pursuant to Government Code § 54956.9(c): 3 cases Mayor Mederos recessed to closed session at 6:38 p.m.
RECONVENE FROM CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:01 p.m.
CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.
ADJOURNMENT
Mayor Mederos adjourned the special meeting at 7:01 p.m.
A regular meeting of the City Council of the City of Tulare was held on Tuesday, October 18, 2022 at 7:00 p.m. at the Tulare Public Library in the 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, Mario Zamora, Josh McDonnell, Traci Myers, Janice Avila, Michael Ott, Fred Ynclan, Michael Miller, Jason Glick, Nick Bartsch, Jose Rivas, Jason Bowling, Melissa Hermann
CALL TO ORDER
A regular meeting was called to order at 7:01 p.m. by Mayor Mederos.
City Council Minutes October 18, 2022
City of Tulare Page 2
PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Harrell led the pledge of allegiance and an invocation was given by Lynn Dredge.
PROCLAMATIONS & RECOGNITIONS
1. Proclamation for Disability Employment Awareness Month, October 2022.
Vice Mayor Sayre presented a proclamation proclaiming October 2022 as Disability Employment Awareness Month in the City of Tulare to Rebecca Donabed.
PUBLIC COMMENTS
The following provided public comment: Don Campbell, Don Dolan, Minister Nathan Terry, and John Harman.
COMMUNICATIONS
City Manager Marc Mondell stated there were no communications.
CONSENT CALENDAR
It was moved by Councilmember Harrell, seconded by Councilmember Sigala, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 6 and 7.
1. Authorization to read ordinances by title only.
2. Approve the minutes of the October 4, 2022, City Council meeting. [Submitted by: M. Hermann]
3. Adopt a resolution making an appointment to the Tulare Mosquito Abatement District Board of Directors. [Submitted by: M. Hermann]
4. Authorize the purchase of three LifePak15 cardiac monitor/defibrillators to replace in service monitors that have been deemed end of life by the manufacturer at a cost not to exceed $84,854.91. [Submitted by: C. Long]
5. Award and authorize the City Manager to sign a contract with MRC GameTime of Sea Girt, NJ, in the amount of $126,732.66 for Project PK2019-003 and PK2019-006 – Live Oak Park and Prosperity Sports Park Playground Replacement Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($12,673.26) of the contract award amount. [Submitted by: J. Glick]
6. Final acceptance of public works improvements for Phases 2 and 3 of The Greens at Oak Creek subdivision, located along the east side of Mooney Boulevard (State Route 63) south of Seminole Avenue. [Submitted by: M.
Miller] Staff requested this item be pulled for clarification purposes. Following clarification, it was moved by Mayor Mederos, seconded by Councilmember Isherwood, and unanimously carried to accept the improvements for Phases 2 and 3 of the Greens at Oak Creek subdivision as complete, authorize the City City Council Minutes October 18, 2022
City of Tulare Page 3
Engineer to sign a Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.
7. Authorize the City Manager to execute a real property purchase and sale agreement, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to transfer City-owned property (APN 166-240-014) to Warren Mouw in exchange for right-of-way dedication for the future extension of Akers Street south of Cartmill Avenue. [Submitted by: M. Miller] Mayor Mederos pulled this item to recuse himself due to a conflict of interest. It was moved by Councilmember Isherwood, seconded by Councilmember Harrell, and carried 4 to 0 (Mayor Mederos recused) to approve the item as presented.
8. Authorize the City Manager to complete and execute the documents necessary to purchase property located on the north side of Prosperity Avenue west of West Street (portion of APN 164-150-026) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $7,700, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by:
N. Bartsch]
9. Authorize the City Manager to complete and execute the documents necessary to purchase property and easements located at the northwest corner of Prosperity Avenue and West Street (portion of APN 164-150-027) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $29,722, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsch]
10. Authorize the City Manager to complete and execute the documents necessary to purchase property and easements located on the west side of West Street south of Prosperity Avenue (portion of APN 168-240-069) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $3,700, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsch]
11. Approve an amendment to City Manager Marc Mondell’s Employment Agreement. [Submitted by: M. Zamora]
MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.
PUBLIC HEARINGS
1. Pass-to-print an ordinance amending Title 4 of the Tulare Municipal Code to adopt Appendix X of the latest edition of the California Residential Code and Appendix O of the latest edition of the California Building Code, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as City Council Minutes October 18, 2022
City of Tulare Page 4
applicable. [Submitted by: T. Myers] Community and Economic Development Director Traci Myers provided a report for Council consideration. Mayor Mederos opened the public hearing at 7:24 p.m. Receiving no public comment, Mayor Mederos closed the public hearing at 7:25 p.m. It was moved by Councilmember Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.
GENERAL BUSINESS
1. Receive an update and presentation of the 30% progress plans for the proposed Homeless Shelter facility (Project - FM0048) and provide direction regarding the proposed heating/cooling system alternatives thereto. [Submitted by: N. Bartsch] Senior Project Manager Nick Bartsch provided a report for Council consideration. A presentation was given by Will Ruoff from 4 Creeks. Public comment was given by Minister Nathan Terry, Janet Lebaron, Don Dolman, and John Harman. Following discussion, it was moved by Mayor Mederos and seconded by Vice Mayor Sayre to direct staff to move forward with the staff recommendation of evaporative coolers and reduced heating for the homeless shelter facility. The motion carried 4 to 1 by rollcall vote as follows:
AYES: Mayor Mederos; Vice Mayor Sayre; Councilmember Harrell; Councilmember Isherwood
NOES: Councilmember Sigala
2. Receive the Operational Plan for the Temporary Homeless Encampment Area and provide direction thereto. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. Following discussion, it was the consensus of Council to have staff move forward with the temporary homeless encampment area improvements as planned.
STAFF UPDATES AND FUTURE AGENDA ITEMS
Councilmember Harrell requested and received Council consensus to direct staff to draft a letter to Union Pacific Railroad to request consideration of sharing in the cost of cleaning up the homeless encampments on their property.
ADJOURNMENT
Mayor Mederos adjourned the regular meeting at 9:25 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