AGENDA
TULARE CITY COUNCIL
TUESDAY, October 20, 2009
Study Session 6:00 p.m.
Regular Session 7:00 p.m.
COUNCIL CHAMBERS, CIVIC AFFAIRS BUILDING
125 SOUTH “M” STREET
MISSION STATEMENT
TO PROMOTE A COMMUNITY MAKING TULARE THE MOST DESIRABLE PLACE TO LIVE, LEARN, PLAY, WORK, WORSHIP AND PROSPER
6:00 p.m.
I. CALL TO ORDER STUDY SESSION
II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.
III. Study session and presentation of draft Development Impact Fee report by Dwayne Guthrie of TischlerBise.
IV. ADJOURN STUDY SESSION
7:00 p.m. (Or, immediately following Study Session.)
V. CALL TO ORDER REGULAR SESSION
VI. PLEDGE OF ALLEGIANCE AND INVOCATION
VII. CITIZEN COMMENTS
This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight.
This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manger items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment.
In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.
VIII. COMMUNICATIONS
Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council.
IX. CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
(1) Approve minutes of October 6, 2009, regular meeting(s).
(2) Adopt Resolution 09-93 authorizing an additional appropriation of funds for a special purpose.
(3) Approve the Joint Ownership and Development Agreement with Tulare Irrigation District for the “Plum Basin” groundwater recharge site.
(4) Approve the purchase of a used tractor for the Motorcycle Park from Quinn Company of Fresno for $41,515 (including tax).
(5) Accept the grant deed for street right of way and the grant of easement for public utilities from Love’s Country Stores of California, a California Corporation, for those areas located along the east side of Blackstone Street south of Paige Avenue.
(6) Adopt Resolution 09-94 authorizing the execution of a Program Supplement to the Measure R Cooperative Agreement between the City of Tulare and the Tulare County Association of Governments for the purchase and installation of traffic signal preemption emitters on the Tulare Intermodal Express (TIME) fixed-route fleet.
(7) Approve the Tulare Motor Sports Complex Parcel Map and reject the irrevocable offers of dedication for street right of way and drainage easements as shown on the map. Approve the agreement for construction of improvements required of the TMSC parcel map and authorize the Mayor to sign the agreement. Direct the Chief Deputy City Clerk to file the map for recording upon evidence of title vested in the name of Tulare Motor Sports Complex, L.P., a California limited partnership.
(8) Approve a Loan Repayment Agreement between the Tulare Redevelopment Agency and the City of Tulare, substantially in the form, format and amounts as provided herein, forgiving approximately $31 million in accrued interest and repayment of $21.5 million of interest and principal for the combined Downtown/Alpine Redevelopment Projects Areas, as amended; authorize the City Manager to execute the final Loan Repayment Agreement on behalf of the City Council and direct the City Finance Director to make the appropriate budget adjustments.
X. SCHEDULED CITIZEN OR GROUP PRESENTATIONS
XI. MAYOR’S REPORT
XII. STUDENT REPORTS
XIII. ORDINANCES AND RESOLUTIONS
XIV. GENERAL BUSINESS
Comments related to 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) Public Hearing:
a. Public Hearing to adopt Resolution 09-95 to initiate annexation of 461 acres along South I Street from Bardsley Avenue to half mile south of Paige Avenue; adopt Resolution 09-96 to amend the Tulare General Plan to add 361 acres of industrial; 8 acres urban residential and 68 acres of suburban residential and relocation of the Urban Development Boundary and Urban Reserve Line; adopt Resolution 09-97 approving the South I Street Specific Plan; Pass-to-Print Ordinance 09-14 pre-zoning properties to M-2, M-1, R-1-5 and R-M-2 and adopt Resolution 09-98 certifying an Environmental Impact Report, adoption of CEQA findings and Statement of Over-Riding Considerations.
b. Public Hearing to Pass-to-Print Ordinance 09-13 amending Chapter 5.04 by adding Section 5.04.161 Minor/Juvenile Business License for the Sale of Non-Alcoholic Beverages.
c. Public Hearing to Pass-to-Print Ordinance 09-15 adding Chapter 7.64 to the city code of the City of Tulare, establishing a Storm Water Utility and Establishing Criteria for the City’s Enforcement of Storm Water Quality Standards required by the National Pollutant Discharge Elimination System (NPDES) Storm Water Permit.
(2) City Manager:
a. Adopt Resolution 09-99 approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the sale of the seller’s Proposition 1A receivable from the State; and directing and authorizing the City Manager and City Finance Director to execute this and certain other actions in connection therewith.
b. State and Local Budget Update and authorization to amend budget to reflect the purchase of Morrison Street Right of Way from Prop 42 funding in the amount $364,000 and Morrison Street Construction from unallocated Measure R Revenue for $500,000.
c. Report of employee survey on possible furloughs.
XV. COUNCIL REPORTS/ITEMS OF INTEREST
XVI. CLAIMS
XVII. ADJOURN REGULAR MEETING
XVIII. CALL TO ORDER CLOSED SESSION
XIX. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):
a) 54956.9(b)(1) Conference with Legal Counsel – Anticipated Litigation (1)
XX. RECONVENE CLOSED SESION
XXI. CLOSED SESSION REPORT (if any)
XXII. ADJOURN CLOSED SESSION
In compliance with the Americans with Disabilities and Brown Act, if you need special assistance to participate in the meeting, including the receipt of the agenda and documents in the agenda package in an alternate format, please contact the City Manager’s Office (559) 684-4200. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35, 104 ADA Title II), and allow for the preparation of documents in the appropriate alternate format.
[Note: Pursuant to Government Code 54957.5 - Effective 7/1/08 Documents produced and distributed less than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item on the agenda will be made available for public inspection at the meeting and at the City Clerk’s Office at City Hall located at 411 East Kern Avenue during normal business hours.] |