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, December 20, 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, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Melissa Hermann, Ken Wales, Jason Bowling
1. CALL TO ORDER SPECIAL MEETING
A special meeting of the City Council was called to order at 6:00 p.m. by Mayor Mederos.
2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS - Comments are limited to items to be discussed in closed session. Speaker will be allowed three minutes each.
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 6:01 p.m.
4. RECONVENE FROM CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:00 p.m.
5. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.
6. ADJOURNMENT OF SPECIAL MEETING
Mayor Mederos adjourned the special meeting at 7:00 p.m.
A regular meeting of the City Council of the City of Tulare was held on Tuesday, December 20, 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, Melissa Hermann, Jerod Boatman, Michael Ott, Mario Anaya, Traci Myers, Diego Ibanez, Michael Miller, Trisha Whitfield, Jason Glick, David Dodson, Steven Sopp, Ken Wales, Jason Bowling Item #:
Consent
City Council Minutes Tuesday, December 20, 2022
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7. CALL TO ORDER REGULAR MEETING
A regular meeting of the City Council was called to order at 7:00 p.m. by Mayor Mederos.
8. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and an invocation was given by Vice Mayor Sayre.
9. PRESENTATIONS
9.1. Spotlight on Excellence – Employee Recognition City Manager Marc Mondell introduced Captain Boatman to present the first award. Animal Services Manager Russell Lasswell was invited to present a certificate to Animal Services Officer Michael Capote in recognition of outstanding service. Chief Ott presented a certificate to Fire Captain Eric Ferreira in recognition of outstanding service and honored Mr. Ferreira with Firefighter of the Year.
10. PUBLIC COMMENTS
There were no public comments.
11. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.
12. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.
13. CONSENT CALENDAR
It was moved by Councilmember Harrell, seconded by Vice Mayor Sayre, and unanimously carried to approve the items on the Consent Calendar as presented with the exception of items 13.11, 13.13, and 13.14.
13.1. Authorization to read ordinances by title only.
13.2. Approve minutes of the December 6, 2022, special and regular meetings. [Submitted by: M. Hermann]
13.3. Approve the cancellation of the regular meeting of January 3, 2023. [Submitted by: M. Hermann]
13.4. Adopt a resolution accepting the official canvass and certified Statement of Votes of the November 8, 2022 General Election. [Submitted by: M.
Hermann]
13.5. Confirm Councilmember Sigala’s appointment of Erica Cubas to the Planning Commission with a term ending December 31, 2025. [Submitted by: M. Hermann]
13.6. Second reading and adoption of Ordinance 2022-17 repealing and replacing Title 3, Fire Regulations, adding Chapter 7.05 to Title 7, Health and City Council Minutes Tuesday, December 20, 2022
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Sanitation, amending Section 7.28.030 of Chapter 7.28 of Title 7, Health and Sanitation, and repealing Chapter 8.20 of Title 8, Public Ways and Property, of the Tulare Municipal Code. [Submitted by: M. Hermann]
13.7. Authorize the purchase of seven APX 4000 Series handheld radios and accessories from J’s Communications of Fresno, California for $25,885.70. [Submitted by: M. Machado]
13.8. Accept the monthly investments report for November 2022. [Submitted by:
D. Ibanez]
13.9. Accept as complete the contract with Valley Pump & Dairy Systems, Inc. for work on Storm Sewer Lift Stations Upgrades Project (SD0016, 0017, 0018); and authorize the City Engineer to sign the Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [Submitted by: D. Dodson]
13.10. Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $324,555 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0097, a street and utility improvement project to extend International AgriCenter Way from Laspina Street to Turner Drive; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($32,456) of the contract award amount; and approve the updated project budget. [Submitted by: M. Miller]
13.11. Authorize the City Manager to sign a contract with MRC GameTime of Sea Girt, NJ, in an amount not to exceed $168,164.01 for the replacement of the playground equipment at Mulcahy Park; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($16,816.40) of the contract award amount; and approve a one-time use of the City’s Catastrophic Fund in the amount of $100,316.35 to assist in the replacement of the playground. [Submitted by: J. Glick] Councilmember Sigala pulled this item to provide comment. With no other discussion, it was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
13.12. Adopt a resolution authorizing the City Manager to accept a Grant G22-03- 04-G01 offer from the State of California Off Highway Motor Vehicle Recreation Division (OHMV) to the Tulare Cycle Park operating expenses not to exceed $426,099.00 for the year 2022 and to sign all applicable paperwork related to application of the grant. [Submitted by: M. Correa]
13.13. Authorize the appropriation of proceeds from the sale of APN 191-350-011 and APN 191-070-015 which total $293,00 to the following to accounts: 1) $100,000 Catastrophic Fund for play structure reimbursement Account Number 690-4690-6301, 2) $150,000 Artist Deposit Reserve Account (Pending City Council Approval) and 3) $43,000 for Economic Development reserve for consultants and advertising as necessary. [Submitted by: D.
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Ibanez] Councilmember Sigala pulled this item. Chief Financial Officer Diego Ibanez and City Manager Marc Mondell provided additional information for clarification. Councilmember Sigala requested a change in the amount for the Artist Deposit Reserve Account to $75,000. Following discussion, it was moved by Mayor Mederos, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.
13.14. Adopt a resolution approving a Second Addendum to the Mitigated Negative Declaration (MND) previously approved and certified by the Council of the City of Tulare for The Farrar Estates Subdivision Project as part of Resolution 2020-04 on February 4, 2020. [Submitted by: M. Anaya] Councilmember Sigala pulled this item for clarification and noting concerns over traffic in the area of the project. Following discussion, it was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
13.15. Authorize the City Manager to sign a contract with Cascade Fire Equipment Company to purchase 33 Self-Contained-Breathing-Apparatus (SCBA) and accessories in the amount of $352,592.44. [Submitted by: M. Ott]
14. PUBLIC HEARINGS
14.1. Adopt a resolution adopting the Initial Study / Mitigated Negative Declaration prepared for Tentative Subdivision Map 2022-23 – (Wild Oaks), General Plan Amendment No. 2022.02 and Zone Amendment No. 749; adopt a resolution approving General Plan Amendment No. 2022-02 to change the existing General Plan land use designation from High Density Residential to Medium Density Residential on approximately 10.44-acres; and pass to print an ordinance approving Zone Amendment No. 749, changing the existing zoning designation from RM-4 (Multi-family Residential) to the R-1- 4 (Small-lot Residential) on approximately 10.44-acres. [Submitted by: S.
Sopp] Principal Planner Steven Sopp provided a report for Council consideration. Mayor Mederos opened the public hearing at 8:07 p.m. Melody Haigh of D. R. Horton addressed the Council seeking their support for the project. The public hearing was closed at 8:08 p.m. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
14.2. Pass to print an ordinance providing for adoption of the 2022 California Building Codes and to authorize the Building Official to accept single family residential permit applications with a site plan drawn to city standards prior to January 1, 2023 and issue said permit in compliance with the 2019 California Building Code with one extension. [Submitted by:
R. Magallan] Interim Community Development Director Mario Anaya provided a report for Council consideration. Mayor Mederos opened the public hearing at 8:12 p.m. Receiving no public comment, the public hearing was closed at 8:12 p.m. It was moved by Councilmember Harrell, seconded by Councilmember Isherwood, and unanimously carried to pass to print the ordinance as presented.
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15. GENERAL BUSINESS
15.1. Appoint members to the Police Department Citizen Complaint Review Board and Aviation Committee to fill seats with terms ending December 31, 2022. [Submitted by: M. Peton] Chief Deputy City Clerk Melissa Hermann introduced the item. It was moved by Mayor Mederos, seconded by Councilmember Sigala, and unanimously carried to make the following appointments to the Police Department Citizen Complaint Review Board with terms ending December 31, 2024:
• Jennifer Burcham, appointed by Council Seat 1
• Julie Leighty, appointed by Council Seat 2
• Carlos “Charlie” Ramos, appointed by Council Seat 3
• Karen Presant, appointed by Council Seat 4
• Danny Giotto, at-large appointment
• Duane Goree, at-large appointment
Councilmember Isherwood chose to defer his appointment until the January Council meeting. Councilmember Sigala raised concern with Mr. Giotto’s attendance for 2022 and advised staff to advise Council if the issue continues.
Mayor Mederos invited applicant Michael Schoenau to address the Council.
Following discussion, it was moved by Mayor Mederos, seconded by Vice Mayor Sayre, and unanimously carried to appoint Michael Schoenau to the Aviation Committee to fill the airport lease holder position with a term ending December 31, 2026.
16. STAFF UPDATES
Staff provided updates on current department activities.
17. FUTURE AGENDA ITEMS
17.1. Naming the Tulare Dog Park for K-9 Bane killed in the line of duty on December 9, 2018. [Councilmember Harrell] It was the consensus of Council to add this item to a future agenda.
18. ADJOURNMENT
A moment of silence was held and the regular meeting was adjourned at 8:40 p.m. in honor of Carol Castelo and Mima Jo Balaam.
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: January 17, 2023