ACTION MINUTES OF TULARE
CITY COUNCIL, CITY OF TULARE
September 1, 2009
A joint meeting of the Tulare City Council & Redevelopment Agency Board was held on Tuesday, September 1, 2009, at 6:00 p.m., in the Council Chambers of the Civic Affairs Building.
COUNCIL PRESENT: Craig Vejvoda, Phil Vandegrift (6:14), Richard Ortega, Wayne Ross
COUNCIL ABSENT: David Macedo
RDA BOARD PRESENT: Judy Silicato, Patrick Isherwood, Olan Bailey, Art Cabello, Mark Richmond, Beau Scarbrough
RDA BOARD ABSENT: Dan Neppel
STAFF PRESENT: Darrel Pyle, Bob Nance, Betsy McGovern, Nancy Jenner, Jennifer Gomez, Chontelle Adney
I. CALL TO ORDER JOINT SESSION
Mayor Vejvoda called the joint meeting to order at 6:02 p.m.
II. CITIZEN COMMENTS
There were no citizen comments.
III. JOINT CITY COUNCIL & REDEVELOPMENT AGENCY BOARD SESSION & ACTION ITEMS AS DESCRIBED
a) Receipt of Financial Disclosure Statements Relating to the Tulare Redevelopment Project Areas from Members of the City Council, Redevelopment Agency Board and Planning Commission and City and Agency Department Heads. Economic & Redevelopment Director, Bob Nance provided information for the Council’s and Board’s review and consideration. The Financial Disclosure Statements were received and accepted by both.
b) Joint City Council & Agency Board update and discussion on the proposed State of California-Supplemental Educational Revenue Augmentation Fund (SERAF) payment of $1,795,00 due FY 2009/10 and $371,000 for FY 2010/11 and its potential impact on the Redevelopment Agency’s budget and proposed repayment plan of the City’s $21 million General Fund Loan. (Informational/Direction Item Only.) Economic & Redevelopment Director, Bob Nance provided a brief introduction for this item. Don Fraser of Fraser & Associates discussed the draft budget which would still allow the Redevelopment Agency to function in the situation of a worst case scenario. Council Member Ross inquired about the future lawsuit and an expected timeline. Seth Merowitz of McDonough Holland & Allen provided more details and advised that the funds be set aside with the assumption that the City will need to make the payment.
Vice Mayor Vandegrift joined the meeting at this time.
c) Joint City Council & Agency Board public hearing on the Proposed Amendments and Merger of the Redevelopment Plans for the Downtown, Alpine, West Tulare and South "K" Street Redevelopment Projects, and approval and adoption of an Amended and Restated Redevelopment Plan for the Merged Tulare Redevelopment Projects; approval of a Mitigated Negative Declaration relating to the Proposed Amendments and Merger; and approval of a new Five-Year Implementation Plan for the Merged Tulare Redevelopment Project Areas approving the following:
That the Agency:
a. Adopt Agency Resolution 2009-13 approve and making findings as to the Mitigated Negative Declaration, as it relates to the proposed Amendments.
b. Adopt Agency Resolution 2009-14 approving the Proposed Amendments and Merger, and approving the Amended and Restated Redevelopment Plan for the Merged Tulare Redevelopment Projects.
c. Adopt Agency Resolution 2009-15 approving the Five-Year Implementation Plan for the Merged Project Areas.
That the City Council:
a. Adopt City Council Resolution 09-87 approving and making findings as to the Mitigated Negative Declaration, as it relates to the proposed Amendments.
b. Pass-to-Print City Council Ordinance 09-11 amending and merging the Redevelopment Plans for the Downtown, Alpine, West Tulare and South K Street Redevelopment Projects, and approving and adopting an Amended and Restated Redevelopment Plan for the Merged Tulare Redevelopment Projects.
Bob Nance provided an overview of the items to be reviewed by the Council and Board. Mayor Vejvoda opened the public hearing at 6:18 p.m. Mr. Nance entered into the record the Affidavit of Publication, Certificates of Mailing Notice of Joint Public Hearing, and Certification of Certain Official Actions. He further discussed the purpose of the Redevelopment Plan Amendments and submitted the proposed Amendments for the record. Board Member Cabello requested the address of the parcel that was to be deleted from the Project Area. Staff explained that the property in question was to be purchased by Council Member Macedo, so that he may expand his business. While sitting on the Council, he would not be allowed to purchase property that is within the Project Area for this use. Additional clarification was provided by Seth Merowitz.
An overview of the Agency’s Report was provided by Mr. Merowitz, and the benefits of merging the project areas were discussed by Don Fraser. Mr. Nance briefly commented on the Five-Year Implementation Plan. He then discussed the Mitigated Negative Declaration and submitted it for the record. He also reviewed for the record a letter from Chevron relating to the Mitigated Negative Declaration on the proposed Amendments. There were no further written comments submitted for the record. There were no additional statements or testimony provided. Mayor Vejvoda closed the public hearing at 6:41 p.m.
Following a brief discussion, it was moved by Board Member Cabello, seconded by Board Member Scarbrough, and unanimously approved to adopt Agency Resolution 2009-13. It was moved by Board Member Cabello, seconded by Board Member Scarbrough, and unanimously approved to adopt Agency Resolution 2009-14. It was moved by Board Member Scarbrough, seconded by Board Member Richmond, and unanimously approved to adopt Agency Resolution 2009-15.
It was moved by Council Member Ortega, seconded by Council Member Ross, and unanimously approved to adopt City Council Resolution 09-87. It was moved by Council Member Ortega, seconded by Vice Mayor Vandegrift, and unanimously approved to pass-to-print City Council Ordinance 09-11.
d) Joint City Council and Agency Board discussion regarding the permitting and locating of stationary-mobile vending units within Redevelopment Project Areas. Economic & Redevelopment Director, Bob Nance provided background information for the Council’s and Board’s review and consideration. Board Member Richmond stated that he opposed stationary-mobile vendors and that if there is a need for a permanent business then one should be established, but not to allow a mobile vendor to permanently sit on a property. Board Member Bailey expressed his concern on the proximity of multiple vendors and if an improved area could be negatively affected by a mobile vendor permanently sitting in front of a new establishment. Mr. Nance provided additional information to the Council.
Vice Mayor Vandegrift inquired if a vendor is required to meet the same standards as other businesses, such as parking requirements. Planning Director, Mark Kielty stated that all conditional use permits are reviewed for approval. He commented that establishing distance requirements would be difficult without a specific problem that needed to be resolved. Deputy City Attorney, Nancy Jenner stated that she could do some research to see what parameters would be allowed. Mayor Vejvoda agreed that this should be done.
e) Joint City Council and Agency Board consideration of a request by Hassan Dwidar, President of Alexius International, Inc. of Fresno, California, requesting $1.5 million of Community Development Block Grant – Job Creation Funds to assist in the equipping of a food manufacturing plant in the City of Tulare employing 45 persons. Economic & Redevelopment Director, Bob Nance provided background information for the Council’s and Board’s review and consideration. Mr. Hassan Dwidar discussed his plans in developing a food manufacturing plant in Tulare. Council Member Ortega expressed concern about the amount of CDGB money being requested compared to the amounts given to previous facilities. Mayor Vejvoda concurred that a smaller amount may be more appropriate and requested staff to look into other solutions. Board Members Isherwood and Cabello commented that the $1.5 million should still be considered.
IV. ADJOURN JOINT SESSION
Mayor Vejvoda adjourned the joint meeting at 7:23 p.m.
A regular meeting of the City Council, City of Tulare, was held on Tuesday, September 1, 2009, at 7:00 p.m., in the Council Chambers of the Civic Affairs Building.
COUNCIL PRESENT: Craig Vejvoda, Phil Vandegrift, Richard Ortega, Wayne Ross
COUNCIL ABSENT: David Macedo
STUDENTS PRESENT: Katie Tomcak, Kodie Stanley
STAFF PRESENT: Darrel Pyle, Nancy Jenner, Lew Nelson, Mike Whitlock, Mike Threlkeld, Roger Hill, Michael Stowell, Darlene Thompson, Bob Nance, Mark Kielty, Milt Stowe, Jennifer Gomez
V. CALL TO ORDER REGULAR SESSION
Mayor Vejvoda called the regular meeting to order at 7:32 p.m.
VI. PLEDGE OF ALLEGIANCE AND INVOCATION
Ken Dodson led the Pledge of Allegiance, and an invocation was given by Lewis Sparks.
VII. CITIZEN COMMENTS
Mayor Vejvoda 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.
Ed Earnest requested an update on the juvenile vendor ordinance and asked permission to sell lemonade on the southeast corner of Cartmill and J Street. Planning Director, Mark Kielty stated that he had already spoken with Mr. Earnest and informed him that staff should have the ordinance prepared for a council meeting in October. Mr. Kielty also explained to Mr. Earnest that the proposed location is not acceptable because it is an unimproved lot and a more adequate location needs to be found. Vice Mayor Vandegrift commented that the City was going to be looking into a universal resolution for juvenile vendors and not just address Mr. Earnest’s request for special allowance for his daughter. Mr. Vandegrift added that this is a process that takes time, and that an important business lesson for Mr. Earnest’s daughter to know is that she needs to adhere to the rules just like everyone else. As Mr. Earnest continued to discuss the matter, Deputy City Attorney Nancy Jenner stated that this subject is not formally on the agenda and is simply for public comment, and therefore she encouraged the Council to not respond any further. Mayor Vejvoda directed Mr. Earnest to contact Mr. Kielty with any other questions until the matter is placed on a future agenda.
Ken Dodson announced the 3rd Annual Blood Drive for September 11th from 6:00 a.m. to 7:00 p.m. Their goal is 911 pints of blood. A memorial service is also scheduled for 10:00 a.m.
VIII. COMMUNICATIONS
(1) Letter dated August 26, 2009, from the Sequoia Genealogical Society regarding Tulare City Library Genealogy Room. Fern Allen, a user of the genealogy room, discussed the valuable resources available at the library. Library Director, Michael Stowell commented on the library’s current budget and the reductions that have been made. He believes that the Society can become a self-sufficient, non-profit organization. The City would assist in finding a new location for the collection, but it cannot justify financially supporting them. Board member, Marilyn Giese referenced the agreement between the Society and the City, and noted that the City currently owns the collection. Members of the Society currently volunteer to maintain the collection and assist researchers.
IX. CONSENT CALENDAR:
It was moved by Council Member Ortega seconded by Council Member Ross, and unanimously carried that the items on the Consent Calendar be approved as presented.
(1) Approve minutes of August 18, 2009, regular meeting(s).
(2) Accept July Investment Report.
(3) Authorize the City Manager or Finance Director to into an agreement with Transit Maintenance Consultants for around $5,000 to audit transit equipment maintenance records.
(4) Authorize the City Manager or Finance Director to into an agreement with TPG Consulting to provided professional services to the City of Tulare with transit planning services on an as-needed basis.
(5) Reject claims for damage from Sheryl Jones, Nathan Handley and Angelica Ariaz.
(6) Authorize an all-way stop designation at the intersection of Terrace Avenue and Gem Street.
(7) Award a contract for repair of Streets equipment trailer Unit #794 to Viking Trailer Corp. of Porterville for $11,657.02.
(8) Authorize the City Manager to execute a three-year Community Marketing Agreement between the City of Tulare and the Tulare Chamber of Commerce, in the amount of $84,000 per year.
X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
(1) Tulare Athletic Boxing Club Presentation by Richard and Kim Torrez.
A power point presentation was given by Mr. and Ms. Torrez to provide background on the organization and the services that they provide to the community. With various locations to transport kids between, they are in need of a large vehicle. Vice Mayor Vandegrift commented that perhaps Measure R funds could be utilized to create a community loop bus route (similar to the summer route Visalia had) to address these types of transportation needs.
(2) Presentation regarding Tulare Union High School District’s “Choices Learning Academies” offered by the Tulare County Office of Education. A power point presentation was given by Jesse Medina to provide information on the program which offers academic assistance, enrichment activities, and family literacy.
XI. MAYOR’S REPORT
There were no items for this section of the agenda.
XII. STUDENT REPORTS
(1) Introduction of Tulare City Council Teens on Board New Members, Ms. Kodie Stanley and Ms. Katie Tomcak of Tulare Western High School. Two new Teens on Board members introduced themselves and the Council welcomed them aboard.
XIII. ORDINANCES AND RESOLUTIONS
(1) Adopt Ordinance 09-10 amending Chapter 5.36 of Title 5 “Taxicabs.” City Manager, Darrel Pyle provided background information for the Council’s review and consideration. It was moved by Council Member Ortega, seconded by Council Member Ross, and unanimously approved to adopt Ordinance 09-10.
XIV. GENERAL BUSINESS
Comments related to General Business Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.
(1) City Manager:
a. Adopt Resolution of Intention 09-88 of the City Council of the City of Tulare declaring its Intention to Establish a Community Facilities District for the Acquisition and Construction of Certain Improvements and to Levy a Special Tax with said Community Facilities District, Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof (Tulare Motor Sports Complex Community Facilities District No. 2009-01). City Manager, Darrel Pyle provided background information for the Council’s review and consideration. Council Member Ross asked if the taxes collected will cover all of the costs to the City or only a part. Tim Sabo stated that the dollar amount is just an estimate, but that there will be enough funds to reimburse the administrative costs. Mr. Ross questioned if the City made a request for Tulare Motor Sports Complex to pay for the formation of the Community Facilities District and if there was a response. Mr. Pyle replied that a request was done and a response was given which was discussed with Council in closed session. Mr. Sabo responded to additional concerns and comments by the Council. Mr. Pyle also stated that staff will be contacting property owners soon to discuss the CFD. Without further discussion, it was moved by Council Member Ortega, seconded by Vice Mayor Vandegrift, and approved 3-1 (Ross voting no) to adopt Resolution 09-88.
b. Informational item regarding the coordination of the City’s Transit Division with the Outlet Mall to provide holiday shuttle service for the public during the Outlet Mall Midnight Madness Sale on November 26 (10 p.m.) through November 27 (6 p.m.). Finance Director, Darlene Thompson discussed past services that have been provided and noted that this has been the most successful method.
c. State and Local Budget Update. City Manager, Darrel Pyle stated that the League of California Cities is offering webinars to discuss securitization of Prop. 1A funds. He and Ms. Thompson will be looking for any opportunities that may benefit Tulare.
Ms. Thompson commented that sales tax revenue is down, but it is still within the projected amount. However, the payments from the State for the gas tax will not be received until January and June, and the exact amount is unknown at this time.
Council Member Ross asked if a survey on furloughs had been done with employees. Mr. Pyle stated that Margee Fallert will make contact with the bargaining units when she returns to work in a couple of weeks.
XV. COUNCIL REPORTS/ITEMS OF INTEREST
Council Members briefly commented on local and state issues, recent meetings and upcoming community events.
The Del Lago Park opening was a huge success with hundreds of children participating in the fishing event.
Council Member Ortega made an inquiry to Milt Stowe about the quality of senior meals. Mr. Stowe stated that changes will be made soon.
XVI. CLAIMS
It was moved by Vice Mayor Vandegrift, seconded by Council Member Ortega, and unanimously carried that the claims in the amount of $2,168,563.93 be approved as submitted.
XVII. ADJOURN REGULAR MEETING
Mayor Vejvoda adjourned the regular meeting at 9:18 p.m.
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President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
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Chief Deputy City Clerk and Clerk of
The Council of the City of Tulare |
