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, November 15, 2022 at 6:00 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 (via teleconference), Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Megan Dodd, Josh McDonnell, Michael Miller, Nick Bartsch, Justin Patananan, Jason Bowling, Melissa
Hermann
1. CALL TO ORDER SPECIAL MEETING
A special meeting was called to order at 6:02 p.m. by Mayor Mederos.
2. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments.
3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
3.1. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(c): 1 case Mayor Mederos recessed to closed session at 6:04 p.m.
4. RECONVENE FROM CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:01 p.m.
5. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.
6. ADJOURN SPECIAL MEETING
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, November 15, 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 (via teleconference), Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Megan Dodd, Josh McDonnell, Traci Myers, Janice Avila, Michael Ott, Fred Ynclan, Diego Ibanez, Michael Miller, Trisha Whitfield, Jason Glick, Nick Bartsch, Justin Patananan, Jason Bowling, Melissa Hermann
City Council Minutes Tuesday, November 15, 2022
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7. CALL TO ORDER REGULAR MEETING
A regular meeting was called to order at 7:02 p.m. by Mayor Mederos.
8. PLEDGE OF ALLEGIANCE AND INVOCATION
Commissioner Isherwood led the pledge of allegiance and an invocation was given by Father Ivan.
9. PUBLIC COMMENTS
The following provided public comment: James White, Angel Ruiz, and Donnette SilvaCarter.
10. COMMUNICATIONS
There were no communications.
11. CONSENT CALENDAR
It was moved by Councilmember 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 11.6 and 11.8.
11.1. Authorization to read ordinances by title only.
11.2. Approve the minutes of the November 1, 2022, special and regular meetings. [Submitted by: M. Hermann]
11.3. Adopt a resolution approving the acceptance and appropriation of Citizens Options for Public Safety (COPS) funds from the State of California in the amount of $107,283.00. [Submitted by: M. Machado]
11.4. Accept as complete the required public works improvements for Phase 3 of the Kensington Estates subdivision with the exception of certain improvements secured through separate deferred improvement agreements; authorize the City 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. [Submitted by: M. Miller]
11.5. Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with CFT NV Developments, LLC for construction costs associated with the Panda Express commercial 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]
11.6. Authorize the City Manager to execute and sign a contract with AAA Security, Inc. to provide one security guard for the temporary homeless encampment not to exceed the amount of $141,480.00. [Submitted by: M.
Ott] Councilmember Sigala pulled this item to provide comment regarding the lighting and overnight parking at the property. It was moved by Councilmember City Council Minutes Tuesday, November 15, 2022
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Sigala, Councilmember Harrell, and unanimously carried to approve the item as presented.
11.7. Accept the monthly investment reports for September and October 2022. [Submitted by: D. Ibanez]
11.8. Authorize City of Tulare to apply to the Kings Tulare Continuum of Care on Homelessness local Homeless Housing, Assistance and Prevention (“HHAP”) Round 4 Request for Proposals for a grant award not to exceed $143,415 to finance street outreach and housing placement services for people experiencing homelessness in prioritized encampment area(s) within the City of Tulare. [Submitted by: T. Myers] Councilmember Isherwood pulled this item to recuse himself due to a business conflict. It was moved by Councilmember Sigala, seconded by Vice Mayor Sayre, and carried 4 to 0 (Councilmember Isherwood recused) to approve the item as presented.
12. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST
12.1. Measure Y results and future implementation.
Council reported out on recent events and discussed items of interest.
13. PUBLIC HEARINGS
13.1. Receive a presentation by Peters Engineering Group regarding their preparation of a Local Road Safety Plan (LRSP) for the City of Tulare, conduct a public hearing to receive comment, and provide Council direction regarding the contents, findings and recommendations of the LRSP. [Submitted by: M. Miller] City Engineer provided a brief report and introduced Will Washburn of Peters Engineering Group who provided a presentation. Mayor Mederos opened the public hearing at 7:51 p.m. Susan Dias-Johnson provided comment in support of the plan. The public hearing was closed at 7:53 p.m. There was no action taken.
13.2. Adopt a resolution adopting the Initial Study / Mitigated Negative Declaration prepared for Tentative Subdivision Map 2022-22 – (Fulton Estates), Annexation No. 2022-01 (East Tulare No. 35), General Plan Amendment No. 2022.01 and Zone Amendment No. 748; adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2022-01 (East Tulare No. 35) and detachment of the property from County Service Area No. 1; adopt a resolution approving General Plan Amendment No. 2022-01 to change the existing General Plan land use designation from Residential Estate to Low Density Residential on approximately 35.62-acres and Community Commercial on approximately 2.86-acres; and pass to print an ordinance approving Zone Amendment No. 748, pre-zoning approximately 35.62-acres of the subject property to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and approximately 2.86-acres to the C-3 (Retail Commercial) zoning designations to become effective upon annexation into the City limits. [Submitted by: S. Sopp] Principal Planner Steven Sopp provided a report for Council consideration. Mayor Mederos opened the public City Council Minutes Tuesday, November 15, 2022
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hearing at 8:20 p.m. Darlene Mata, representing the developer and property owner, made herself available for questions. Receiving no public comments, the public hearing was closed at 8:22 p.m. Following discussion, it was moved by Councilmember Isherwood and seconded by Mayor Mederos to approve the item as presented. The motion was carried 4 to 1 by rollcall vote as follows:
AYES: Councilmember Isherwood, Mayor Mederos, Councilmember Harrell, Vice Mayor Sayre
NOES: Councilmember Sigala
14. GENERAL BUSINESS
14.1. Receive the recommendation of the Tulare Parks and Recreation Commission and authorize the allocation of $466,000.00 in Regional Park Development Impact Fee funds to design and construct a dog park located at the 400 Block of N Street. [Submitted by: J. Glick] Community Services Director Jason Glick provided a report for Council consideration. It was moved by Mayor Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
14.2. Receive an update on the status of City Project EN0090 – Sequoia-Spruce Tracts Improvements, a street and utility improvement project on Spruce St., Sierra Ave., Sequoia Ave., Dayton St., and Kern Ave; and provide direction regarding the non-compliant asphalt paving installed in Phase 5:
Spruce Street between Sierra Avenue and Tulare Avenue. [Submitted by: N.
Bartsch] Senior Project Manager Nick Bartsch provided a report for Council consideration. Scott Morris of NV5 provided additional comment regarding the test results. Jack Baker of Deer Creek Asphalt provided comment regarding the product provided for the project and possible remedy. Dan Stein, the attorney representing MAC Engineering, provided additional comment on possible remedy. There was no action taken.
14.3. Approve and authorize the mayor to execute the Hillman Center Emergency Homeless Shelter Ground Lease Agreement between the City of Tulare and Tulare County. [Submitted by: M. Mondell] This item was taken out of order and followed item 13.1. City Manager Marc Mondell provided a report for Council consideration. Noah Whitaker, Homeless Initiative Coordinator for Tulare County, provided additional comment. It was moved by Vice Mayor Sayre and seconded by Councilmember Sigala to approve the item as presented. The motion was carried 5 to 0 by rollcall vote as follows:
AYES: Vice Mayor Sayre, Councilmember Sigala, Councilmember Harrell, Councilmember Isherwood, Mayor Mederos
NOES: None
14.4. Adopt a resolution amending the Handbook of Rules and Procedures of the City Council of the City of Tulare formalizing the process for councilmembers to request future agenda items. [Submitted by: M.
Mondell] City Manager Marc Mondell provided a brief report for Council City Council Minutes Tuesday, November 15, 2022
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consideration. Mayor Mederos provided additional comment. Following discussion, it was moved by Mayor Mederos, seconded by Vice Mayor Sayre, and unanimously carried to approve the item with the following amendment:
Chapter 2, Section Y, Paragraph 3 (add to the end of the paragraph): “In that regard, the City Clerk’s Office shall work with the councilmembers to prioritize which two items are to come before the Council.”
15. STAFF UPDATES
Staff provided the Council updates on current departmental activities.
16. FUTURE AGENDA ITEMS
16.1. Utility Bill Late Charge. [Submitted by: Mayor Mederos] It was the consensus of Council to add this item to a future agenda.
17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
17.1. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(c): 1 case Prior to recessing to closed session, a moment of silence was taken in memory of former Councilmember Gary E. Smith.
Mayor Mederos recessed to closed session at 10:53 p.m.
18. RECONVENE FROM CLOSED SESSION
Mayor Mederos reconvened from closed session at 11:53 p.m.
19. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.
20. ADJOURNMENT
Mayor Mederos adjourned the regular meeting at 11:54 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
Approved by Council: December 6, 2022