City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Wednesday, April 27, 2022
6:00 p.m. – Special Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.
Attending and Participating in Meetings
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare. Additional meetings of the City Council may be called as needed.
Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Citizen Comments and/or General Business items. Please note that there will be approximately a 20- second delay in broadcast for viewers. When calling in, please mute speakers if viewing the meeting via YouTube.
City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.
Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that particular agenda item.
Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Citizen Comments portion of the meeting. • When invited by the Mayor to speak, please step up to the podium, state your name and city where you reside, and make your comments. Comments are limited to three minutes per speaker.
Agri-Center of the World
Mayor
Dennis A. Mederos, District 4
Vice Mayor
Terry A. Sayre, District 2
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Patrick Isherwood, District 5
City Council Agenda April 27, 2022
City of Tulare Page 2
I. CALL TO ORDER SPECIAL MEETING – 6:00 p.m.
II. PLEDGE OF ALLEGIANCE AND INVOCATION
III. 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.
IV. SCHEDULED PRESENTATIONS
1. Proclamation in honor of National Police Week, May 15-21, 2022.
V. GENERAL BUSINESS - Comments related to General Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.
1. City Attorney
(a) Consideration and possible approval of an urgency ordinance to amend the Tulare Municipal Code regarding sidewalk vendors. [Submitted by: M. Zamora] VI. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) VII. ADJOURN REGULAR MEETING
Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disabilityrelated modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.
AFFIDAVIT OF POSTING
State of California }
County of Tulare } ss.
City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Tuesday, April 26, 2022, at City Hall, 411 E. Kern Avenue, as well as on the City’s website.
POSTED BY: Melissa Hermann, Chief Deputy City Clerk
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: April 27, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None AGENDA ITEM:
Consideration and possible approval of an urgency ordinance to amend the Tulare Municipal Code regarding sidewalk vendors.
IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:
City Council directed our office to coordinate with staff to prepare an ordinance to amend the Tulare Municipal Code regarding sidewalk vendors. Staff has determined that a certain area of the City has numerous sidewalk vendors who are creating pedestrian hazards.
Special limitations will be added to not allow for any permits to be issued for the area east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue due to the area being heavily pedestrian oriented environment with a predominant zero lot line development pattern resulting in pedestrians being in close proximity to vehicular traffic. Stationary sidewalk vendors along with increased patronage can significantly reduce pedestrian mobility and maneuverability thereby increasing the potential risk of pedestrian and vehicular traffic conflicts.
Also amended is Chapter 10.184 relating to business frontage and vending to address the same safety concerns.
This ordinance must be urgently adopted is as the City is experiencing a significant increase in stationary sidewalk vendors and witnessing an increase in potential pedestrian and vehicular traffic conflicts resulting in the City’s need to enact an emergency ordinance to protect the preservation of the public peace, health and safety.
This urgency ordinance requires 4/5 votes to be approved as urgency ordinance. If approved, goes into effect immediately.
STAFF RECOMMENDATION:
Approve the attached urgency ordinance.
CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
N/A
AGENDA ITEM: Gen. Bus. 1(a)
Submitted by: Mario Zamora Title: City Attorney
Date: April 26, 2022 City Manager Approval: ____________ ORDINANCE 2022-05
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE AMENDING SECTIONS 10.180.090, 10.184.010, 10.184.040, 10.184.070, 10.184.080,
10.184.100, AND 10.184.110 OF THE TULARE MUNICIPAL CODE PERTAINING TO
SIDEWALK VENDORS
The City Council of the City of Tulare does ordain as follows:
SECTION 1. Consistent with the powers vested in the City of Tulare through the California Constitution, the City of Tulare is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Tulare hereby makes the followings findings:
WHEREAS, there is an immediate need to adopt this ordinance as the City is experiencing a significant increase in stationary sidewalk vendors in the area of east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue and causing an increase in potential pedestrian and vehicular traffic conflicts resulting in the City’s need to enact an emergency ordinance to protect the preservation of the public peace, health and safety; WHEREAS, there is a risk of injury to persons and property associated with the increase in stationary sidewalk vendors to the pedestrians and vehicular traffic of the City; WHEREAS, the City of Tulare has identified the need to amend the existing Municipal Code section to reflect revisions to the current regulations of sidewalk vendors.
NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OF TULARE, AS FOLLOWS, TO WIT:
SECTION 2. The following section of the Tulare Municipal Code is amended to read:
§ 10.180.090 Special Limitations.
Sidewalk vendor permits are an interruptible or terminable privilege. The city shall have the right and power, through the City Manager or his or her designee, to prohibit the operation of a stationary vendor stand at any time because of anticipated or actual problems or conflicts in the use of a public area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
No sidewalk vendor permits shall be issued for any location 1) owned by the City other than the pedestrian right of way or 2) the area east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue due to an increased and significant risk of pedestrian and vehicular traffic conflicts in order to preserve public health, safety and welfare.
This shall not apply to any City-approved events in these areas or to business which have obtained a permit under Title 10, Chapter 184.
§ 10.184.010. Purposes.
The purposes of the regulations and standards in this chapter are to allow, consistent with public health, safety and welfare, increased increased business and pedestrian traffic by providing safe and visually appealing opportunities for outside display and sales of merchandise, in conjunction with an existing, enclosed commercial business activity, in public rights-of-way and private sidewalk areas open to the public, in the City of Tulare. Nothing in this title shall prevent the lawful operation of itinerant sidewalk sales. § 10.184.040 Locations permissible.
Outside display and sale of merchandise is not permitted where the speed, volume or proximity of vehicular traffic is not compatible with such activity or any other element of public safety, health or welfare. All outside display and sale of merchandise areas must be adjacent to and incidental to the operation of an indoor, enclosed commercial business. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor commercial business building and must be clearly delineated from adjacent business and pedestrian traffic, utilizing sidewalk striping or other non-permanent methods. § 10.184.070 Permit process.
(A) Applicants for outside display and sale of merchandise permits shall submit a written application to the Planning and Building Community and Economic Development Director on a city form. The application shall be accompanied by a fee set by the City Council by resolution. The Planning and Building Community and Economic Development Director, or his or her designee, and the City Engineer, or his or her designee, shall review the application and the site. A permit shall be granted if it is determined that:
(1) The proposed display and sale will not significantly interfere with pedestrian traffic or otherwise constitute a health and safety risk: and
(2) The application complies with all the provisions of this chapter. § 10.184.080 Special limitations.
An outside display and sales area permit is an interruptible or terminable privilege. The city shall have the right and power, acting through the City Manager Community and Economic Development Director or his or her designee, to prohibit the operation of an outside display and sales area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area or any factors that impact public health, safety or welfare. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outside display and sales area will be prohibited by the city.
§ 10.184.100 Permit revocation.
(A) An outside display and sales permit may be revoked by the Council Community and Economic Development Director, following written notice to the permittee, if one or more of the conditions of the permit or of this chapter have been violated or if the outside display and sales area is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movements of pedestrians.
§ 10.184.110 Appeal process.
A permittee may appeal a notice of revocation and an applicant or any other interested party may appeal the granting or denial of a permit application. Such an appeal shall be made, in writing, within ten days of the decision and shall be filed with the City Council. The Council shall hold a public hearing on any such appeal City Manager.
PASSED, ADOPTED, AND APPROVED this XX day of XXXX, 2022.
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