City of Tulare Page 1
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Council Chamber
491 North M Street, Tulare
Tuesday, September 5, 2023
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell (left at 9 p.m.)
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Diego
Ibanez; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling; Safety, Compliance &
Facilities Officer Manny Correa; Senior Housing & Grants Specialist Alexis Costales
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.
1. CALL TO ORDER
Mayor Sayre called the regular meeting of the City Council to order at 7:00 p.m. in the Council Chamber located at 491 North M Street.
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Harrell led the Pledge of Allegiance, and an invocation was given by Albert Hudson, Senior Pastor of Holy Faith Church of God in Christ.
3. PRESENTATIONS
3.1 Proclamation for Suicide Prevention Month - September 2023.
3.2 Proclamation for Hispanic Heritage Month - September 15-October 15, 2023. It was the consensus of Council for this proclamation to be read and presented at the September 19 meeting.
3.3 Self-Help Enterprise Update. Betsy McGovern-Garcia provided an update on Eden House and other projects specific to Tulare.
3.4 Tulare Municipal Airport Update. Safety, Compliance & Facilities Officer Manny Correa provided on update on various airport activities.
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4. PUBLIC COMMENTS
The following provided public comment: Manny Gomez regarding the need for a crosswalk on Paseo Del Lago east of the school; and Donnette Silva-Carter provided an update on Chamber events.
5. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.
6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.
7. CONSENT CALENDAR
Item 7.5 was removed from the Consent Calendar by Council.
It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for item 7.5.
7.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
7.2 Special and/or Regular Meeting Minutes of August 15, 2023.
Recommended Action: Approve as submitted. [M. Hermann]
7.3 Paige Industrial Preliminary Oversize Agreement.
Recommended Action: Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with CA Industrial Tulare, LLC, a Delaware limited liability company for construction costs associated with the Paige Industrial Warehouse 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. [M. Miller]
7.4 EN0094 NV5 Contract Amendment.
Recommended Action: Approve and authorize the City Manager to sign a contract amendment in the amount of $56,008.96 with NV5, Inc. for additional construction inspection services related to City Project EN0094 – Sycamore/San Joaquin Improvements, a street and utility improvement project between O Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [M. Miller]
7.6 Little Caesars Deferred Improvement Agreement.
Recommended Action: Approve a short-term deferred improvement agreement with Gussan Shedid to defer the construction of a City standard trash enclosure associated with the Little Caesars development. [M. Miller] City Council Meeting Minutes September 5, 2023
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7.7 Gomez Property Acquisition for Cross Avenue CIP.
Recommended Action: Authorize the City Manager to complete and execute, after the close of escrow, the documents necessary to purchase property located as a portion of APN 168-340-003 in the amount of $15,000 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. [M. Miller]
7.8 Agreement for Auditor Services with Price, Paige & Company.
Recommended Action: Approve a 1-year agreement with Price, Paige & Company for administration and completion of the Fiscal Year 2022-2023 audit, Single Audit, and Transportation Development Act audit. [D. Ibañez]
7.9 Resolution of Support for SALC Planning Grant.
Recommended Action: Adopt a resolution authorizing application for and receipt of Sustainable Agricultural Lands Conservation (SALC) Planning Grant Funds and authorize the City Manager to execute the City of Tulare SALC Planning Grants Program Application, the SALC Planning Grant documents, and any amendments thereto, on behalf of the City of Tulare as required by the California Department of Conservation for receipt of the SALC Planning Grant. [M. Anaya]
PULLED CONSENT CALENDAR ITEMS
7.5 PK0012 Elk Bayou Soccer Complex Parking Lot Project.
Recommended Action: Approve updated CIP Project PK0012, an improvement project to the three existing dirt soccer field parking lot areas at the Elk Bayou Soccer Complex; and approve the revised budget to $70,000.00. [J. Glick] Council Action: Councilmember Mederos pulled this item for clarification. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
8. GENERAL BUSINESS
8.1 Adoption of ERF-2-R Grant Allocations.
Recommended Action: Adopt a resolution approving the allocation of Encampment Resolution Funding Program Round 2 Rolling Disbursement (ERF2-R) grant funds in the total amount of $4,785,086 to street outreach, services coordination, systems support, rapid rehousing, interim sheltering, operating subsidies, and administrative activities in accordance with the City’s ERF-2-R application and allocations outlined in the resolution; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program.
Presented By: Senior Housing & Grants Specialist Alexis Costales Public Comment: None
Council Action: Vice Mayor Isherwood recused himself due to a business conflict of interest and left the dais. It was moved by Councilmember Mederos and seconded by Mayor Sayre to approve the item as presented. Mayor Sayre called for a roll call vote.
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AYES: Councilmember Mederos, Mayor Sayre, Councilmember Sigala
NOES: None
RECUSAL: Vice Mayor Isherwood
ABSENT: Councilmember Harrell
MOTION PASSED 3-0
8.2 First Reading of Ordinance to Amend Title 5 (Business Regulations) of the Tulare Municipal Code.
Recommended Action: Pass-to-print an ordinance amending Title 5 (Business Regulations) of the Tulare Municipal Code to add Chapter 5.62 (Disqualification of Contractors for Public Works Contracts).
Presented By: City Engineer Michael Miller
Public Comment: None
Council Action: It was moved by Councilmember Mederos and seconded by Mayor Sayre to approve the item as presented. Mayor Sayre called for a roll call vote.
AYES: Councilmember Mederos, Mayor Sayre, Councilmember Sigala, Vice Mayor Isherwood
NOES: None
ABSENT: Councilmember Harrell
MOTION PASSED 4-0
8.3 PK0033 Zumwalt Park Renovation Project. This item was taken out of order and discussed prior to General Business items 8.1 and 8.2.
Recommended Action: Award and authorize the City Manager to sign contracts related to the construction of City Project PK0033 to renovate Zumwalt Park; authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised project sheet.
Task Description Contractor Amount
1. Construction Contractor Caliber Contracting Services, Inc. of Fresno, CA
$11,964,000
2. Construction
Management &
Inspection
4Creeks of Visalia, CA $596,570
3. Materials Testing Krazan & Associates of Clovis,
CA
$29,765
4. Construction Surveying Lane Engineers of Tulare, CA $67,700
5. Labor Compliance Silvera Consulting of Galt, CA $31,780 Presented By: City Engineer Michael Miller and City Manager Marc Mondell Public Comment: The following provided comments in support of the project:
Janet Lebaron, Adrian Herrera, Marina Rojas, John Harman, Michael Wells, Michael Limas, Don Lebaron, Donnette Silva-Carter, Josue De Lima, and Susan Henard. The following provided comments in opposition to the project: Jason Bender.
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Council Action: It was the consensus of Council to table the item for further discussion at a future meeting.
9. FUTURE AGENDA ITEMS
9.1 Analyze and Review Street Parking Ordinance.
Recommended Action: It was the consensus of Council to have staff add this item to a future agenda at the convenience of staff.
10. STAFF UPDATES
Staff provided updates on department activities.
11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS
11.1 Conference with Labor Negotiators (Govt. Code § 54957.6) Agency Designated Representatives: Mario Zamora, Marc Mondell, Josh McDonnell, Janice Avila, Michael Ott
Employee Organization: Tulare City Professional Fire Fighters Association Non-Management; Tulare City Professional Fire Fighters Association Management; and Tulare City Professional Fire Fighters Association Division Chief Officer Group
Council recessed to closed session at 10:38 p.m.
12. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 10:57 p.m.
13. CLOSED SESSION REPORT
Council advised there was no reportable action.
14. ADJOURNMENT
The regular meeting was adjourned at 10:57 p.m.
Approved by Council: September 19, 2023
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk