Agenda packet — Tulare City Council, August 2, 2022

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
Tuesday, August 2, 2022
6:45 p.m. – Closed Session
7:00 p.m. – Regular 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 August 2, 2022
City of Tulare Page 2
I. CALL TO ORDER CLOSED SESSION – 6:45 p.m.

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. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2) or (3) Number of Cases: 1 case
Name of Case: Garcia, Mark vs. City of Tulare
Worker’s Compensation Case FR130445, FR130361, FR150480, FR180261 IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER REGULAR MEETING – 7:00 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Recognize retired Police Chief Wes Hensley.

X. 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. 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 Public Hearing or General Business items will be heard at the time the Public Hearing is opened for comment or the General Business item is discussed. 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 your name and providing your city of residence.

XI. 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.

XII. 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. Authorization to read ordinances by title only.

City Council Agenda August 2, 2022
City of Tulare Page 3

2. Approve minutes of the July 19, 2022, regular meeting. [Submitted by: M. Hermann]

3. Remove a member of the Committee on Aging due to lack of attendance and declare the seat vacant. [Submitted by: M. Hermann]

4. Adopt Ordinance 2022-09 approving Zone Amendment No. 745 to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation. [Submitted by: S. Sopp]

8. Authorize the City Manager or designee to sign Agreement for After School programing between the City of Tulare and the Tulare City School District. [Submitted by: J. Glick] XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) XIV. 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.

Anaya]

3. Consideration and possible approval of an ordinance adding a municipal code section regarding the trapping and spay/neuter of feral cats. [Submitted by: M. Zamora]

4. Receive an update on the Council’s Travel and Community Improvement budgets for fiscal year 2022-2023. [Submitted by: D. Ibanez]
XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) XVI. ADJOURN REGULAR MEETING
City Council Agenda August 2, 2022
City of Tulare Page 4
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 Thursday, July 28, 2022, at City Hall, 411 E. Kern Avenue, as well as on the City’s website.

POSTED BY: Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: August 2, 2022 Agenda Memo
Date: July 28, 2022
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

I. CALL TO ORDER CLOSED SESSION – 6:45 p.m.

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. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Recognize retired Police Chief Wes Hensley.

X. 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. The Council cannot legally discuss or take Tulare City Council Page 2
Agenda Memo – August 2, 2022
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 Public Hearing or General Business items will be heard at the time the Public Hearing is opened for comment or the General Business item is discussed. 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 your name and providing your city of residence.

XI. COMMUNICATIONS - [Time Estimate: 7:15-7:20 p.m.] 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.

XII. CONSENT CALENDAR - [Time Estimate: 7:20-7:30 p.m.] 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. Authorization to read ordinances by title only.

2. Approve minutes of the July 19, 2022, regular meeting. [Submitted by: M.

Hermann] The minutes of the July 19, 2022, regular meeting are submitted for Council approval. Staff recommends Council approve as presented.

3. Remove a member from the Committee on Aging due to lack of attendance and declare the seat vacant. [Submitted by: M. Hermann] The Committee on Aging is a five-member committee responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Pursuant to Minute Action of the Council on May 2, 1972, members shall be appointed by the Mayor with the approval of the City Council. Members serve four-year terms. The Committee meets at 12:00 p.m. on the third Wednesday of each month at the Senior Community Center.

On July 13, 2022, the staff liaison for the Committee on Aging informed the City Clerk’s Office that they have been unable to connect with Committee Member Kathy Perryman after multiple attempts. The last meeting Ms. Perryman attended was in December 2019. The Committee only met once in 2020 due to the pandemic and resumed meeting in October 2021.

The Board, Commission, and Committee Handbook contains a section regarding attendance which states that any member of any City Council appointed board, commission, or committee who is absent from either: (1) three consecutive regular meetings; or (2) fifty percent or more of all meetings within any consecutive 12-month period of time shall automatically be removed from the board, commission, or committee unless the City Council shall find and determine that there was good cause to excuse the absences.

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Agenda Memo – August 2, 2022
Kathy Perryman has served on the Committee on Aging since appointed in 2015. The current term expires on December 31, 2023.

If Council chooses to remove Ms. Perryman from the Committee and declare her seat vacant, the City Clerk’s Office will post a notice of vacancy and bring an item to a future meeting for Council to consider any applications received to appoint for the remainder of the term. Staff recommends Council remove Kathy Perryman from the Committee on Aging due to lack of attendance and declare the seat vacant.

S. Sopp] On July 19, 2022, Council passed to print Ordinance 2022-09 approving Zone Amendment No. 745 to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation. Staff recommends Council adopt Ordinance 2022-09.

5. Adopt Ordinance 2022-10 approving Zone Amendment No. 747 to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations. [Submitted by: S. Sopp] On July 19, 2022, Council passed to print Ordinance 2022-10 approving Zone Amendment No. 747 to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R1-4 (Small Lot Residential) zoning designations. Staff recommends Council adopt Ordinance 2022-10.

6. Accept street right of way dedication along the east side of North Blackstone at 500 North Blackstone Street, and authorize the City Manager or designee to sign a Certificate of Acceptance for same. [Submitted by: M. Miller] The owner of 500 North Blackstone Street, during a Lot Line Adjustment, noted that a street dedication was required to provide the City with a dedication such that there would be 10 feet of right of way behind face of curb to give the City the final right of way width for Blackstone Street.

The grant deed for street dedication and the certificate of acceptance for dedication is attached. Staff recommends Council accept street right of way dedication along the east side of North Blackstone at 500 North Blackstone Street, and authorize the City Manager or designee to sign a Certificate of Acceptance for same.

7. Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $48/ton for 3/8” Plant Run Cold Mix with Oil, $47/ton for ½” Plant Run Cold Mix with Oil and $49.10/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [Submitted by: T. Whitfield] As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the Capital Projects currently Tulare City Council Page 4
Agenda Memo – August 2, 2022
scheduled and approved and will be funded from the annual Transportation Pavement Management program.

Through the annual Pavement Management program, there is approximately $300,000 available for minor street repair projects. A contract for the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete would give staff the ability to do up to 9 overlay projects at a cost of approximately $189,000 over the current fiscal year. A list of the proposed overlay streets is attached (Attachment A). An overlay project can be completed by City staff using the new paver that was purchased in April 2019. This also locks in the price for material used for pothole patching for one year.

Similar overlay projects were completed as follows in 2021/2022 and these streets have held up well since that time. Staff anticipates that this project will extend the life of the selected locations between eight and ten years.
1) K Street from Cross Ave. to Santa Fe Trail
2) L Street from Cross Ave. to Santa Fe Trail
3) Pine Avenue from D Street to west end
4) Avenue 200 Overpass from Rankin Ave. to Hosfield
The City’s Purchasing Policy (Section 4, page 18, C) allows for the use of “Cooperative Purchasing or Piggy-Back” contracts to take advantage of competitively bid purchasing if it would “provide the City with benefits.” Awarding this contract to Deer Creek allows staff to move forward in an expeditious manner to complete this work while the weather allows it, because this product has recently been competitively bid by another public agency.

Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in April of 2020 after advertising for competitive bids. Deer Creek has agreed to hold the prices for those same products through June 30, 2023 as follows:
1) 3/8” Plant Run Cold Mix with Oil $48.00 per ton
2) ½” Plant Run Cold Mix with Oil $47.00 per ton
3) ½” Hot Asphalt Concrete $49.10 per ton
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachment B). Staff recommends Council award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $48/ton for 3/8” Plant Run Cold Mix with Oil, $47/ton for ½” Plant Run Cold Mix with Oil and $49.10/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney.

8. Authorize the City Manager or designee to sign Agreement for After School programing between the City of Tulare and the Tulare City School District. [Submitted by: J. Glick] The Community Services Department proposes to enter into a Tulare City Council Page 5
Agenda Memo – August 2, 2022
partnership with the Tulare City School District to utilize their acquired California Department of Education’s Extended Learning Opportunity Program Grant (ELOP) funding for the provisions of free afterschool Bringing Everyone’s Strengths Together (B.E.S.T.) Club programming for the 2022-23 school year.

The agreement will provide free afterschool programing during the regular school year (180 school days), Monday through Friday from 2:30 p.m. to 5:30 p.m. at the following school sites:
• Alpine Vista School,
• Cypress Elementary,
• Garden Elementary,
• Kohn Elementary,
• Maple Elementary,
• Heritage Elementary,
• Mission Valley Elementary, and
• Pleasant School Elementary.

The B.E.S.T. Club afterschool program will have registration limits to ensure an appropriate student to staff ratio in order to ensure provision of a quality, fun and safe recreation-based after school program where students can enjoy group games, sports, arts & crafts, activities, homework assistance, and free play.

The Tulare City School district shall reimburse the City of Tulare $325.00 per student, per semester for the 2022-2023 school year. Staff recommends Council authorize the City Manager or designee to sign Agreement for After School programing between the City of Tulare and the Tulare City School District.

XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(3) [Time Estimate:
7:30-7:40 p.m.]
XIV. 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. Review, discuss, and possibly update the terms, term limits, residency requirements, minimum qualifications, and appointment process for City boards, commissions, and committees. [Submitted by: M. Hermann] [Time Estimate: 7:40- 8:15 p.m.] Currently, there are eight City of Tulare boards, commissions, and committees. Members of these bodies are appointed by one of three methods: (1) Mayor appointed and confirmed by majority of the Council; (2) appointed by each seat of the Council and confirmed by the majority of the remainder of the Council; and (3) appointed at large which means any member of the Council may put forth a nomination which must be confirmed by the majority of the remainder of the Council.

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Agenda Memo – August 2, 2022
Body Term Authority Appointment Process
Aviation Committee 4 years Minute Order Not followed, adopted in 1972: one appointment by Mayor as Council
rep, one Planning Commissioner,
one airport lease holder, and two
additional members.

Board of Public Utilities 4 years Charter § 52 Appointed by the Mayor and confirmed by the Council.

Committee on Aging 4 years Minute Order Unknown, adopted in 1972, unable to locate rules and procedures;
currently appointed by Council with
confirmation of remainder of Council.

Measure I Citizen
Oversight Committee
4 years Minute Order;
Reso 05-5261
Appointed by Council Seat.

Library Board 3 years Education
Code § 18910
Appointed by the Mayor and
confirmed by the Council.

Parks and Recreation
Commission
4 years Muni Code §

2.04 Appointed by Council Seat.

Planning Commission 4 years Reso 17-57 Appointed by Council Seat.

Police Department
Citizen Complaint
Review Board
2 years Muni Code §

2.12 Five appointed by Council Seat; two
appointed at large.

Council has requested staff bring forth an item for review and possible direction regarding the appointment processes. In addition to the appointment process, staff is also bringing forth for discussion the following:
• Terms
• Term limits
• Residency requirements
• Minimum qualifications
Staff researched what other cities have established in regard to these items. The results of that research are provided below.

Terms
A majority of the cities polled have established four-year terms for all boards, commissions, and committees with the City of Visalia commissions and committees serving two-year terms. A couple of the cities had varying terms depending on the board, commission, or committee, but four years was the most common term.

Staff seeks Council direction in regard to terms for each of the boards, commissions, and committees with the exception of the Library Board terms which is set by the Education Code at three years and understanding that it would require a charter amendment to make changes to the BPU terms.

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Agenda Memo – August 2, 2022
Term Limits
Of the six cities researched, five of the cities have established term limits. This is not a current practice for the City of Tulare, but is something the Council could consider. Staff has provided in the table below what some other cities have established in regard to term limits.

Hanford Two consecutive four-year terms on any one commission; must wait at least one year prior to being able to apply and be reappointed to same commission.

Visalia Treat commissions and committees differently in regard to term limits; Committees – Three consecutive two-year terms on any one committee, must wait at least one year prior to being able to apply and be reappointed to same committee
Commissions – Four consecutive two-year terms on any one commission; must wait at least one year prior to being able to apply and be reappointed to same commission
Davis Two consecutive four-year terms on any one commission; may be reappointed based on exceptional circumstances (special expertise, need to preserve continuity, lack of other qualified applicants); must wait at least one year prior to being able to apply and be reappointed to same committee
Los Altos Two four-year terms
Richmond Varies (two, three, four, five terms, or no limit) depending on the commission or committee
Redwood City No term limits
Staff seeks Council direction for possibly establishing term limits. Currently, there are no term limits for any of the boards, commissions, and committees. If Council chooses to establish term limits, Council would need to consider what the term limits would be.

Staff recommends establishing the same term limits for all boards, commissions, and committees. The charter does not contain language in regard to term limits for the BPU; therefore, a charter amendment would not be required.

Residency Requirements
Residency requirements were similar in all the cities polled, requiring applicants to reside within the city in which they are applying to serve in. Two of the six cities use their local school district’s boundary map (Visalia – live or work within this area with first consideration given to those that live within the city; Davis – live or own a business within this area) to determine eligibility. Currently, the City of Tulare requires members to live within the city limits of Tulare. In the past, members were able to have their principle place of residence or business within the sphere of influence of the City of Tulare. This was changed in December 2019 at the direction of Council at that time.

Staff seeks Council direction in regard to residency requirements.

Minimum Qualifications
There were no minimum qualifications stated for any of the cities in staff’s research.

However, there were select cities that did state specific expertise and experience would Tulare City Council Page 8
Agenda Memo – August 2, 2022
be considered when making appointments to certain boards, commissions, and committees, although not required for appointment.

Staff seeks Council direction in possibly establishing minimum qualifications for any of the boards, commissions, and committees.

Appointment Process
Below is a table which summarizes the appointment process for each of the polled cities:

Hanford Members of all commissions shall be appointed by the mayor with the approval of a majority of the members of the city council.

Visalia Names to be considered for appointment will be recommended to the Council by the respective committee or commission. The Council may choose to fill positions in other manners as needed. Appointments by formal action of the Council.

Davis Council appoints a subcommittee who interview applicants and forwards their recommendations to Council for appointment. Each Council member votes to appoint applicants, and they may or may not vote in favor of the subcommittee’s recommendation. Requires majority vote of Council to appoint.

Los Altos Appointments made by written ballot.

Richmond Recommended by the mayor and approved by majority vote of the Council.

Redwood City Council nominated and confirmed by majority vote of the remainder of the Council.

Staff is recommending Council simplify the process for appointing members to boards, commissions, and committees by establishing a standardized appointment process.

This would remove any confusion when filling vacancies at the end of terms or as unscheduled vacancies arise. When establishing this process, Council may want to consider the following:
• Will this process discourage members of the public from applying? • Will this process give the perception that those considering applying would need to have a relationship (personal or professional) with a council member in order to be considered for appointment by that council member? • Will this process potentially cause delays for appointments? Staff seeks Council direction in the preferred appointment process, asking that Council choose one process to apply to all boards, commissions, and committees where possible, understanding the inability to change the process for the Library Board and the requirement of placing a measure on the ballot to change the process for the Board of Public Utilities.

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Agenda Memo – August 2, 2022
Following Council direction, staff will bring an updated handbook back for approval. The current handbook is attached. Staff recommends Council review, discuss, and possibly update the terms, term limits, residency requirements, minimum qualifications, and appointment process for City boards, commissions, and committees.

2. Review the existing Appeals process regarding Planning and Zoning decisions made by staff and the Department Director to Planning Commission, as well as Planning Commission decisions, which can be appealed to City Council. [Submitted by: M. Anaya] [Time Estimate: 8:15-8:35 p.m.] The process and fees associated with these appeals are shown in the table on the following page for the City of Tulare in comparison to other surrounding cities in this part of the San Joaquin Valley.

City Appeals Process Appeal Fee
Clovis Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$1,629 (Appeal to CC)
$3,084 (Appeal to PC)
Corcoran Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$760 (Appeal to CC)
$610 (Appeal to PC)
Delano Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$0 (Free)
Dinuba Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$300 (Admin Appeal)
$340 (Director or PC Appeal)
Exeter Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$250
Farmersville Zoning Admin Decision Appealed to
PC; PC Decision Appealed to CC
$840
Fowler Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$30.04 (Appeal to CC)
$146.78 (Appeal to PC)
Hanford Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$1,000
Kingsburg Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$300
Lemoore Director & PC’s Decisions Appealed
to CC
$220 (Admin Permits)
$1,000 (Quasi-Judicial Permits
& Entitlements)
Lindsay Director Decision Appealed to CC $170
Porterville Zoning Admin Decision Appealed to
CC
$316
Reedley Board of Zoning Adjustment & PC
Decisions Appealed to CC
$500
Sanger Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$625
Selma Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$2,745
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Agenda Memo – August 2, 2022
Tulare Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$1,118
Visalia Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$575
Woodlake Director’s Decision Appealed to PC,
PC Decision Appealed to CC
$0 (Free)
Staff recommends Council review the existing Appeals process regarding Planning and Zoning decisions made by staff and the Department Director to Planning Commission, as well as Planning Commission decisions, which can be appealed to City Council.

3. Consideration and possible approval of an ordinance adding a municipal code section regarding the trapping and spay/neuter of feral cats. [Submitted by: M.

Zamora] [Time Estimate: 8:35-8:55 p.m.] Staff requested an amendment to the Municipal Code allowing for the trapping of feral cats in order to spay or neuter. This will prevent the population of feral cats from becoming a burden on the community. The amendment will allow Animal Control, or an authorized party, to trap feral cats and transport them to the Tulare Animal Services Facility to be spayed or neutered. The feral cats will then be returned to the place they were originally trapped and released.

Staff recommends Council pass to print the attached ordinance.

4. Receive an update on the Council’s Travel and Community Improvement budgets for fiscal year 2022-2023. [Submitted by: D. Ibanez] [Time Estimate: 8:55-9:15 p.m.] On June 21, 2022, the City Council approved the City of Tulare’s 2022/2023 operating budget. The budget document held appropriations for all City departments and included an appropriated Travel – District and Community Improvement District budgets for fiscal year 2022/2023. The appropriations are listed below:
001-4010-2116 – Travel District 1: $2,500
001-4010-2117 – Community Improvement District 1: $2,500 001-4010-2216 – Travel District 2: $2,500
001-4010-2217 – Community Improvement District 2: $2,500 001-4010-2316 – Travel District 3: $2,500
001-4010-2317 – Community Improvement District 3: $2,500 001-4010-2416 – Travel District 4: $2,500
001-4010-2417 – Community Improvement District 4: $2,500 001-4010-2516 – Travel District 5: $2,500
001-4010-2517 – Community Improvement District 5: $2,500 Staff will keep City Council informed of expenses on these accounts on a quarterly basis and any adjustments will be brought back to Council during mid-year review. Staff recommends Council receive the update and provide direction to staff.

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Agenda Memo – August 2, 2022
XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) [Time Estimate: 9:15- 9:25 p.m.]
XVI. ADJOURN REGULAR MEETING
8474

ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
July 19, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, July 19, 2022, at 6:00 p.m. in the Tulare Public Library and 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, Josh McDonnell, Mario Zamora, Diego Ibanez, Michael Miller, Jose Rivas, Jason Bowling, Maegan Peton I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:00 p.m.

There were no citizen comments.

III. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

1. Conference with Labor Negotiators pursuant to Government Code § 54957.6 Designated Representatives: Mario Zamora, Marc Mondell, Josh McDonnell, Janice Avila, Diego Ibanez
Employee Organization: TPOU

2. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 6 cases Mayor Mederos adjourned to closed session at 6:02 p.m. for items on the agenda as stated by City Attorney Mario Zamora.

IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:19 p.m.

V. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.

VI. ADJOURN CLOSED SESSION
Mayor Mederos adjourned the closed session at 7:19 p.m. 8475
A regular meeting of the City Council of the City of Tulare was held on Tuesday, July 19, 2022, at 7:00 p.m. in the Tulare Public Library and 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, Josh McDonnell, Mario Zamora, Janice Avila, Diego Ibanez, Michael Miller, Jason Glick, Trisha Whitfield, Traci Myers, Michael Ott, Fred Ynclan, Manny Correa, Steven Sopp, Michael Powers, Nick Bartsch, Jose Rivas, Jason
Bowling, Maegan Peton

VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the special meeting to order at 7:19 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Sigala led the pledge of allegiance and an invocation was given by Council Member Isherwood.

IX. PROCLAMATIONS & RECOGNITIONS

1. Recognition of retired Finance Director Darlene Thompson. Mayor Mederos recognized retired Finance Director Darlene Thompson for her years of service.

2. Spotlight on Excellence – Employee Recognition. Police Chief Fred Ynclan recognized Derek Burrell as this quarter’s Employee Recognition recipient.

X. CITIZEN COMMENTS - Mayor Mederos 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.

Donnette Silva-Carter, Tulare Chamber of Commerce CEO, provided an update on Chamber events.

XI. COMMUNICATIONS
City Manager Marc Mondell stated there were no communications.

XII. CONSENT CALENDAR
It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 5, 8, and 11.

1. Authorization to read ordinances by title only.
8476

2. Approve minutes of the June 21, 2022, regular meeting and July 12, 2022, special meeting. [Submitted by: M. Hermann]

3. Receive the monthly investment report for April, May, and June 2022. [Submitted by: D. Ibanez]

4. Approve a resolution allowing for council members to attend council meetings remotely. [Submitted by: M. Zamora]

5. Adopt a resolution authorizing the City of Tulare to submit general setup conditions documents to the California Department of Housing and Community Development (HCD) for funding under the HOME Investment Partnerships Program to implement a Tenant Based Rental Assistance Program; and authorize the City Manager or designee to execute any and all other necessary documents. [Submitted by: A. Costales] Council Member Isherwood pulled this item for clarification. Community and Economic Development Director Traci Myers provided a response thereto. It was moved by Council Member Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.

6. Adopt a resolution making findings necessary for declaration of Shelter Crisis; declaring a Shelter Crisis pursuant to Government Code Section 8698.2; and directing the City Manager to take certain administrative actions to streamline provisions to provide shelter to people experiencing homelessness. [Submitted by: T. Myers]

7. Adopt a resolution accepting the Irrevocable Offer of Dedication for Lot A, as shown on the Recorded Map of Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder.

Direct the City Clerk to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M. Miller]

8. Approve the Parcel Map filed by Quest Equity, LLC for the division of land located on the southwest corner of Corvina Avenue and Hillman Street for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] Council Member Sigala pulled this item for clarification.

City Engineer Michael Miller provided a response thereto. It was moved by Council Member Isherwood, seconded by Mayor Mederos, and carried 4 to 1 (Council Member Sigala voted no) to approve the item as presented.

9. Approve a Quitclaim Deed for Lot D of Phase 1 of the Oakcrest subdivision to D.R. Horton CA3, Inc., a Delaware Corporation, located approximately 180 feet west of the intersection of Madalyn Avenue and Rivers Street in the Oakcrest Subdivision; and authorize the City Manager to sign the respective Certificate of Conveyance. [Submitted by: M. Miller]
8477

10. Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $357,162 for topographic surveying, geotechnical analysis, design, bidding and construction support services for the site development and construction of a Homeless Shelter facility (Project - FM0048); and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($35,716) of the contract award amount. [Submitted by: N. Bartsch]

11. Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN 168-340-001 in the amount of $19,000 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. [Submitted by: M. Powers] Council Member Sigala pulled this item for an update on related projects. Senior Project Manager Nick Bartsch provided a response thereto. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

12. Reject the liability claim filed on June 24, 2022, by Amarjit S. Dhanoa for loss of daily sales in the amount of $10,000, for the period of May 5, 2022 through May 27, 2022, due to the closure of one of three street entrances into the Bellevue Mini Market. [Submitted by: J. Avila]

13. Authorize the City Manager to sign a contract for the purchase of a 5- Position Dispatch Console system from Motorola Solutions in the amount of $341,114.00 and authorize a contingency in the amount of $8,886.00 for a total maximum contract amount of $350,000.00 utilizing Sourcewell cooperative purchasing. [Submitted by: F. Ynclan]

14. Adopt a resolution amending the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff. [Submitted by: M. Mondell]

15. Authorize the City Manager or designee to issue a Request for Proposals for the Management and Operations of the Zumwalt Park Amphitheater. [Submitted by: J. Glick]
XIII. SCHEDULED PRESENTATIONS

1. Presentation by ENGIE Services U.S. – Energizing City of Tulare. ENGIE Services Senior Manager Ashu Jain provided a presentation for Council consideration.

XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3)

1. Council discussion regarding BPU Notice pertaining to resumption of utility shutoffs. This item was discussed and Mayor Mederos mentioned the possibility of scheduling a joint meeting with the BPU.
8478
XV. PUBLIC HEARINGS - 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. Adopt a resolution confirming the diagram and landscape maintenance assessments and levying assessments for fiscal year 2022-23; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for Council consideration. Mayor Mederos opened the public hearing at 9:36 p.m. Receiving no public comment, the public hearing was closed at 9:37 p.m. It was moved by Council Member Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to adopt a resolution confirming the diagram and landscape maintenance assessments and levying assessments for fiscal year 2022-23; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.

2. Adopt a resolution adopting a Mitigated Negative Declaration prepared Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745; adopt a resolution approving General Plan Amendment No. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial, and pass to print an Ordinance approving Zone Amendment No. 745, to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation. [Submitted by: S. Sopp] Principal Planner Steven Sopp provided a report for Council consideration. Mayor Mederos opened the public hearting at 9:41 p.m. Greg Dowd of Derrell’s Mini Storage provided comment in favor of the item. Receiving no further comment, Mayor Mederos closed the public hearing at 9:44 p.m. It was moved by Council Member Isherwood, seconded by Council Member Sigala, and unanimously carried to adopt a resolution adopting a Mitigated Negative Declaration prepared Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745; adopt a resolution approving General Plan Amendment no. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial, and pass to print an Ordinance approving zone Amendment No. 745, to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation.

3. Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747; adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential; and pass to print an Ordinance approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to 8479
the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations. [Submitted by: S. Sopp] Principal Planner Steven Sopp provided a report for Council consideration. Mayor Mederos opened the public hearing at 9:49 p.m. Melody Haigh of DR Horton and Clayton Merrill of 4 Creeks provided comment in favor of the item. Receiving no further public comment, Mayor Mederos closed the public hearing at 9:52 p.m. It was moved by Council Member Isherwood, seconded by Council Member Harrell, and unanimously carried to adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747; adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential; and pass to print an Ordinance Approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to R-1-5 (Single-family residential, 5,000 sw. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations.

4. Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez proved a report for Council consideration. Mayor Mederos opened the public hearing at 10:02 p.m. Receiving no public comment, the public hearing was closed at 10:02 p.m. It was moved by Council Member Sigala, seconded by Mayor Mederos, and unanimously carried to adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments.

XVI. 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. Tulare City Council, in its capacity as the Housing Successor Agency, review and consider the Housing Successor Fund request by Lighthouse Rescue Mission to receive grant funds in the amount of $500,000 over two years to support emergency shelter activities such as salaries, hygiene facilities, utilities, insurance and other maintenance and operation expenses for the 16 emergency shelter beds located at 214 South H Street. [Submitted by: T.

Myers] This item was taken out of order and heard following Scheduled Presentations. Community and Economic Development Direct Traci Myers provided a report for Council consideration.
8480
Public comment received in support of Lighthouse Rescue Mission receiving grant funds: Renee Soto, Fred Brown, Dave Clevenger, Karen Beemus, representatives of the Lighthouse Rescue Mission and Adrian, representative of the Dolores Huerta Foundation.

Following discussion, it was moved by Vice Mayor Sayre, seconded by Mayor Mederos, and unanimously carried to release grant funds in the amount of $500,000 over two years to support emergency shelter activities such as salaries, hygiene facilities, utilities, insurance and other maintenance and operation expenses for the 16 emergency shelter beds located at 214 South H Street.

2. Adopt resolutions consenting to inclusion of commercial, industrial, and agricultural properties within the City of Tulare’s jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) and in the Golden State Finance Authority Program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, seismic retrofitting, fire prevention and other improvements; and in so doing, approving associate membership of the City in the joint exercise of powers authority related thereto. [Submitted by: T. Myers] Community and Economic Development Direct Traci Myers and Glyn Milburn of Ygrene Energy provided a report for the Council’s consideration. City Manager Marc Mondell read an email correspondence received from Ricardo Armendarez expressing support in adopting the resolutions. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to adopt resolutions consenting to inclusion of commercial, industrial, and agricultural properties within the City of Tulare’s Jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) and in the Golden State Finance Authority Program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, seismic retrofitting, fire prevention and other improvements; and in so doing, approving associate membership of the City in the joint exercise of powers authority related thereto.

3. Review and discuss possibly amending the current Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts. [Submitted by: M. Correa] Safety, Compliance and Facilities Officer Manny Correa provided a report for Council consideration. Following discussion, it was moved by Mayor Mederos, seconded by Council Member Harrell, and unanimously carried to proceed with amending the current Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts.

XVII. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Sigala requested and received Council consensus to direct staff to prepare an item for a future agenda to discuss adding to the Municipal Code to include commercial parking near the address of 1920 W. Prosperity. 8481
Council Member Isherwood requested and received Council consensus to direct staff to prepare an item for a future agenda to discuss parking concerns on Mooney Boulevard near Alpine Vista Elementary School.

XVIII. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 10:35 p.m.

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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 2, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Remove a member from the Committee on Aging due to lack of attendance and declare the seat vacant.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The Committee on Aging is a five-member committee responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Pursuant to Minute Action of the Council on May 2, 1972, members shall be appointed by the Mayor with the approval of the City Council. Members serve four-year terms. The Committee meets at 12:00 p.m. on the third Wednesday of each month at the Senior Community Center.

Kathy Perryman has served on the Committee on Aging since appointed in 2015. The current term expires on December 31, 2023.

STAFF RECOMMENDATION:

Remove Kathy Perryman from the Committee on Aging due to lack of attendance and declare the seat vacant.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
AGENDA ITEM: Consent 3
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Melissa Hermann Title: Chief Deputy City Clerk Date: July 25, 2022 City Manager Approval: ____________ ORDINANCE 2022-09

AN ORDINANCE OF THE CITY OF TULARE AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.04.04 OF SAID CODE ZONE AMENDMENT NO. 745
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TULARE AS FOLLOWS, TO WIT:

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section

10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.04.04; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

REZONING approximately 12.38 acres of property to the C-4 (Service Commercial) zoning designation on property located on the east side of Mooney Blvd. at Cross Avenue as set forth more specifically on said map.

SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 3. This Ordinance shall be in full force and effect thirty (30) days from and after its passage, adoption, and approval.

PASSED, APPROVED, AND ADOPTED this 2nd day of August, 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
AGENDA ITEM: Consent 4
ORDINANCE 2022-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.04.04 OF SAID CODE ZONE AMENDMENT NO. 747
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TULARE, AS FOLLOWS, TO WIT:

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section

REZONING approximately 25.87 acres of property to the R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small lot Residential) zoning designations on property located on the north west corner of Morrison Street and the Seminole Avenue alignment as set forth more specifically on said map.

SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 3. This Ordinance shall be in full force and effect thirty (30) days from and after its passage, adoption, and approval.

PASSED, APPROVED, AND ADOPTED this 2nd day of August, 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
AGENDA ITEM: Consent 5

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: August 2, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Accept street right of way dedication along the east side of North Blackstone at 500 North Blackstone Street, and authorize the City Manager or designee to sign a Certificate of Acceptance for same.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The owner of 500 North Blackstone Street, during a Lot Line Adjustment, noted that a street dedication was required to provide the City with a dedication such that there would be 10 feet of right of way behind face of curb to give the City the final right of way width for Blackstone Street.

The grant deed for street dedication and the certificate of acceptance for dedication is attached.

STAFF RECOMMENDATION:

Accept street right of way dedication along the east side of North Blackstone at 500 North Blackstone Street, and authorize the City Manager or designee to sign a Certificate of Acceptance for same.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: July 20, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 6
TUL\PECHUACH OTCHA$-f

A CALIFORNIA CORPORATION
P.O. Box 1473 Tulare, CA 93274
At a meeting of the Board of Directors, held by phone, on July 8,2022, the following was approved by unanimous vote regarding the property owned by the Corporation located at 546 N. Blackstone in Tulare, CA 93274.

1. Withthe temporary inability of Director Larry Mapes to perform his functions and duties due to a serious health matter,

2. T\at certain actions of authority must be continued during the temporary absence of Director Mapes for the sale of said property.

3. That Director Richard Brogan is temporally authorized alone to sign all documents necessary such as escrow actions, Lot Line Adjushents Maps, deeds, and documents as required by governmental agencies.

4. That this authorization for Director Brogan shall expire no later than July 30,2022 or as soon as Director Mapes is able to resume his duties as listed on the meeting of the Corporation dated May 3, 2022.

Approved: Mapes, Brogan Clark, Coppinger, White
',tt'1 Attested:
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1 SEAL
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDNR'S USE

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ NONE
X Crty of Tulare Parcel No.: Por- 171 -120-048 &065
I Computed on full value of interest or property conveyed, or ! Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
Tulare Church of Christ, a corporution ("Grantor")
Hereby GRANT(S) in fee interest to the City of Tulare, a Municipal Corporation ("Grantee"), for the real property in The City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTAC}MD EXHIBIT OA' FOR LEGAL DESCRIPTION AND EXHIBIT OB' FOR PLAT Date:

Grantor:

By:
e
of
Richard Brogan
A Notary Public or other officer completing this cerlificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validiW of that document.

State of California
County of Tulare
On
) S.S
appeared
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ffi9t
Notary Public,
who proved to me
and acknowledged
signature(s) on the
I certiff under PENALTY OF PERruRY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct.

WITNESS my hand
N

FAY MINYARD
NOTARY PUBLIC . CALIFORNIA
coMMlssloN # 2258801
TULARE COUNTY ffi Comm. ExP Oclob'r 17'2022 My
official seal.
(Seal)

EXHIBIT'A'

RIGHT OF WAY DEDICATION
Lane Engineers, Inc. Job No. 20057
June24,2022
That portion of the Southwest quarter of Section 1 , Township 20 South, Range 24 East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California, more particularly described as follows:

Commencing at the Northwest comer of the Southwest quarter of said Section 1; Thence South 0o38'24" West 782.56 feet along the West line of said Southwest quarter of Section 1;
Thence South 89"21'36" East 40.00 feet to a point on the East right of way line of Blackstone St. as conveyed to the City of Tulare by deed recorded March 2l , 1966 in Book 2644, Page 563, O.R. as File No. 10377, said point being the TRUE POINT OF BEGINNING; Thence South 0"38'24u West 398.31 feet along said East right of way line to the intersection of said right of way line and a projection of the North line of the Right of Way dedication per grant deed recorded in Volume 4266, Page 947, O.R.

Thence North 79'51'09" East 5.45 feet along said projection to the Northwest corner of said Right of Way dedication and the beginning of a non-tangent curve concave to the Northeast and having a radius of 20.00 feet, aradial line through which bears North 47"44'01" East; Thence Northwesterly 3.88 feet along said curve through a central angle of 11"07'05" to a point

43.00 feet East of the West line of said Southwest quarter of Section 1 as measured at right angles thereto;
Thence North 0"38'24" East 394.21 feet parallel with and 43.00 feet easterly of said West line; Thence North 89"21'36" West 3.00 feet to the TRUE POINT OF BEGINNING.

CONTAINING 1,198 SQUARE FEET OR 0.03 ACRES, MORE OR LESS SEE EXHIBIT'B' ATTACHED HERETO.

BENJAMIN R,
LAND
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Page L of 2

EXHIBIT B
SCALE: 1" = 60

RIGHT OF WAY DEDICATION
NORTH
SCALE: 1" " 60'
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Nl @tPOINT OF COMMENCEMENT
NW COR. OF THE SW1/4 0F SEC. 1-20-24.

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RIGHT OF WAY DEDICATION PER GRANT DEED
RECORDED IN VO1.4266, PG. 947, O,R.T.C.R.
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CROSS AVE.

JOB NO. 20057 20F2

TRUE POINT OF BEGINNING

BENJAMIN R,
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LINE TABLE
LINE # BEARING DISTANCE
L1 N79"51'09'E 5.45
L2 N89"21'36"W 3.00

CURVE TABLE
CURVE # LENGTH DELTA RADIUS
UI 3.88 1 1'07'05" 20.00
3' RIGHT OF WAY DEDICATION
1,198 SQ. FT. r
RADIAL
TABLE
RADIAL # BEARING
R1 N47"44'01'E (R)
R2 s58"51'06'W (R)

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated July 11, 2022, from Tulare Church of Christ, a corporation, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on August 2, 2022, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Public Works - Streets
For Council Meeting of: August 2, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $48/ton for 3/8” Plant Run Cold Mix with Oil, $47/ton for ½” Plant Run Cold Mix with Oil and $49.10/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the Capital Projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.

AGENDA ITEM: Consent 7
Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in April of 2020 after advertising for competitive bids. Deer Creek has agreed to hold the prices for those same products through June 30, 2023 as follows:
1) 3/8” Plant Run Cold Mix with Oil $48.00 per ton
2) ½” Plant Run Cold Mix with Oil $47.00 per ton
3) ½” Hot Asphalt Concrete $49.10 per ton
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachment B).

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

Annual Transportation – Pavement Management ST0006
Submitted by: Trisha Whitfield Title: Public Works Director Date: July 22, 2022 City Manager Approval: ____________ Street Paving Projects 2022-2023
Street Lineal Footage Estimated Cost

1. D St: Inyo Ave to Owens Ave 690'x37' $24,349

2. Owens Ave: Between C St & D St 60'x10', 175'x 32' $7,045

3. Paige Ave N/B Ramp: HWY99 to Paige Ave 693'x30' $18,905

4. Paige Ave S/B Ramp: Hwy99 to Blackstone St Owens Ave 455'x36' $14,736

5. Cross Ave: West St to Maricopa St 550'x24' $11,492

6. Hosfield Dr: C.L. to Bridge 1400'x24' $32,371

7. Blackstone St: Paige Ave south 490'x12' $15,713

8. S. K St Between 4000-4500 Blk 1600x12' $35,721

9. S Blackstone St.: Cul De Sac 175'x90' $28,560
Total: $188,892

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community Services
For Council Meeting of: August 2, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager or designee to sign Agreement for After School programing between the City of Tulare and the Tulare City School District.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The Community Services Department proposes to enter into a partnership with the Tulare City School District to utilize their acquired California Department of Education’s Extended Learning Opportunity Program Grant (ELOP) funding for the provisions of free afterschool Bringing Everyone’s Strengths Together (B.E.S.T.) Club programming for the 2022-23 school year.

The Tulare City School district shall reimburse the City of Tulare $325.00 per student, per semester for the 2022-2023 school year.

STAFF RECOMMENDATION:

Authorize the City Manager or designee to sign Agreement for After School programing between the City of Tulare and the Tulare City School District.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A AGENDA ITEM: Consent 8
FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Jason Glick Title: Community Services Director Date: July 26, 2022 City Manager Approval: ____________ ATTACHMENTS:

Agreement between the Tulare City School District and the City of Tulare to provide free After School Programing
1 Agreement for After School Program
This Agreement (“Agreement”) is made and entered into effective August 11, 2022 by and between the Tulare City School District, a political subdivision of the State of California (hereinafter referred to as “TCSD”), and the City of Tulare, a California Municipal Corporation, (hereinafter referred to as “Program Host”). TCSD and Program Host, collectively referred to as “Parties”. The purpose of this Agreement is for the implementation of the Expanded Learning Opportunity Program (“ELO-P”). It is understood by and between the parties that the implementation of this Agreement is contingent upon continued funding received by TCSD from the California Department of Education.

RECITALS
A. Whereas, the California Legislature enacted the ELO-P, which provides local educational agencies (“LEAs”) the opportunity to provide funding for afterschool and summer school enrichment programs for students; and
B. Whereas, as part of its implementation of the ELO-P, TCSD determined to partner with community entities to provide an afterschool program with focus on developing the academic, social, emotional, and physical needs and interests of students through handson, engaging learning experiences in accordance with ELO-P (“Program”).

C. Whereas, Program Host is able to provide such Program.

AGREEMENT
NOW, THEREFORE IT IS MUTUALLY AGREED between TCSD and Program Host as follows:

1. Term of Agreement. The term of this Agreement shall commence August 11, 2022 and terminate on June 30, 2023. Either TCSD or Program Host may terminate this Agreement for convenience upon one hundred eighty (180) days prior written notice to the other Party.

In addition to and without limiting the above, if, through any cause, either Party fails to perform a material term or obligation under this Agreement, the other Party shall have the right to terminate this Agreement by giving one hundred eighty (180) days prior written notice of such termination.

2. Location. Program Host will utilize and operate the Program at designated TCSD school sites (“Facility”). The terms of use of the Facility shall be set forth by a separate facility use agreement.

Program Host will operate the Program at Alpine Vista, Cypress, Garden, Heritage, Kohn, Maple, Mission Valley, and Pleasant, in the City of Tulare, County of Tulare (“Facility”).

3. Program Hours. The Program Host will operate the Program at the Facility, Monday through Friday from 2:30 p.m. to 5:30 p.m. Pacific Standard Time during the regular school year (180 school days).
2 4. Program/Use Fee. TCSD will pay Program Host for the services rendered during the Program as defined and incorporated in the attached “Fee Structure”. (See Exhibit A.)

5. Services. TCSD and Program Host are provided in the attached “Scope of Services”, Exhibit B.

6. Independent Contractor. In the performance of this Agreement, Program Host shall be and acknowledge that Program Host is in fact and law, an independent contractor and not an agent or employee of TCSD. Program Host has and retains the right to exercise full supervision and control over the manner and methods of performing its duties and obligations under this Agreement. Program Host retains full supervision and control over the employment, direction, compensation, and discharge of all persons assisting Program Host in its performance under this Agreement. With respect to Program Host’s employees, Program Host shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employment taxes whether Federal, State or local, and compliance with any and all other laws regulating employment.

7. Indemnification and Hold Harmless. Program Host shall defend, indemnify, and hold harmless TCSD and its agents, representatives, officers, consultants, employees, Board of Trustees, members of the Board of Trustees (collectively, the “TCSD Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”) directly or indirectly arising out of or connected with, the performance by Program Host, the Program Host Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Program Host’s obligations under this Agreement, including, but not limited Program Host 's or the Program Host Parties’ performance of the Services, Program Host’s or the Program Host Parties’ breach of any of the representations or warranties contained in this Agreement, or for injury to persons or damage to property or delay or damage to the TCSD or the TCSD Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. Program Host’s defense and indemnity obligations under this section shall arise immediately upon the filing and/or service of any claim or action against TCSD arising under this Agreement, and shall extend to all such claims or actions except those based on the sole negligence or willful misconduct of TCSD. The indemnification provided for in this section also includes any claims that may be made against the TCSD by any taxing authority asserting that an employer-employee relationship exists by reason of this agreement, and any claims make against TCSD alleging civil rights violations by Program Host under the California Fair Employment and Housing Act. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

8. Insurance. Program Host shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with 3 limits of not less than $1,000,000 each occurrence and $5,000,000 in the aggregate (including sexual abuse/molestation coverage, either by separate policy or by an endorsement to the commercial general liability policy); (ii) commercial automobile liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate, if applicable; and (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq. Certificates indicating the required coverages shall be delivered to TCSD. All insurance policies shall include an endorsement stating that TCSD is a named additional insured. All of the policies shall provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to TCSD. If such a notice is not given or even if TCSD receives a notice, TCSD may, at its sole option, terminate this Agreement.

9. Warranties. Each party represents and warrants that: (a) It has secured and will secure all rights and licenses necessary for its performance of this Agreement; (b) That its performance or any part of its performance of this Agreement, will not infringe upon or violate any right or interest of any third-party or entity now existing under the laws of, or hereafter existing or issued by, any state, the United States, or any foreign country. There are currently no actual or threatened claims by any such third-party based on an alleged violation of any such right by either party; (c) It has appropriate systems and controls in place to ensure that state and federal funds will not be used in the performance of this Agreement in violation of state or federal law; and (d) It has no knowledge of any outstanding claims, licenses or other charges, liens or encumbrances of any kind or nature whatsoever that could affect in any way TCSD’s and Program Host’s performance of this Agreement.

10. Notices. Any and all notices relating to this Agreement shall be sufficient if personally served upon the TCSD at the following address:

Terri Martindale, Ed.D.
600 N Cherry St.

Tulare, CA 93274
Telephone: 559-685-7347
Email: [email protected]
Any and all notices relating to this Agreement shall be sufficient if personally served upon the Program Host at the following address:

Brian Beck, Recreation Manager____________________
830 South Blackstone_______________
Tulare, CA 93274_______________
Telephone: 559-684-4317
Email: [email protected]
4 11. Fingerprinting/Criminal Background Investigation Certification. The Program Host and its employees shall at all times, and at no cost to the TCSD, comply with the fingerprinting and criminal background investigation requirements of the California Education Code. Program Host shall ensure that prior to the provision of services under the Responsibilities of the Program Host that the results of those background checks and fingerprints reveal that none of the Program Host’s employees have been arrested or convicted of a serious or violent felony, as defined by the California Penal Code. The Program Host shall maintain on file information confirming that its employees have passed fingerprinting and criminal background investigation requirements of the Education Code.

Program Host further agrees and acknowledges that if at any time during the Term, the Program Host learns or becomes aware of additional information which differs in any way from the representations set forth above, or the Program Host adds personnel, the Program Host shall immediately notify the TCSD and prohibit any new personnel from having any contact with TCSD students until the fingerprinting and background check requirements have been satisfied and the TCSD determines whether any contact is permissible. Program Host will comply with TCSD requirements for proof of compliance with this requirement. (See Exhibit C.)

12. Tuberculosis Certification. The Program Host and its employees shall at all times, and at no cost to TCSD, comply with the tuberculosis ("TB") certification requirements of Education Code section 49406. Program Host shall maintain on file the certificates showing that its employees were examined and found free from active TB within the last four (4) years. These forms shall be regularly maintained and updated by the Program Host and shall be available to TCSD upon request or audit. Program Host further agrees and acknowledges that all new personnel hired after the Effective Date of this Agreement by the Program Host are subject to the TB certification requirements and shall be prohibited from having any contact with TCSD students until the TB certification requirements have been satisfied and the TCSD determines whether any contact is permissible.

13. Drug and Smoke Free. The Program Host shall ensure that there is no consumption or possession of drugs, alcohol, and/or tobacco products at any time during the Program, other than those items which are necessary for a student or employee’s disability as permitted by law and TCSD policies.

14. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. The Parties agree that they shall comply with all legal requirements for the performance of duties under this Agreement, including, but not limited to the requirements of the ELO-P.

15. Non-Discrimination. There shall be no unlawful discrimination in the performance or implementation of this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.

16. Dispute Resolution. TCSD and Program Host shall use their best efforts to mutually resolve any disputes which may arise between the parties relating to this Agreement. The 5 Parties understand and acknowledge that using their best efforts to mutually resolve any dispute may include meeting with the other Party to discuss grievances; not making assumptions without speaking to the other Party; not making unilateral decisions on how to resolve a grievance; and using good faith efforts to come to an amicable resolution. If there is no resolution to the dispute following the Parties’ best efforts, either TCSD or Program Host may file an action in a court of law.

17. Governing Law. TCSD and Program Host agree that the provisions of this Agreement will be construed in accordance with the laws of the State of California. Venue shall be the Superior Court of the State of California of and for the County of Tulare.

18. No Authority to Bind. It is understood that neither Party, in its performance of any and all duties under this Agreement, has authority to bind the other Party to any agreements or undertakings with respect to any and all persons or entities with whom such Party deals in the course of its business.

19. Modifications. This Agreement may be modified or amended only by the written agreement of TCSD and Program Host. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duty executed by TCSD and Program Host.

20. Assignment. Neither Party shall assign any right, title, or interest it may acquire by reason of this Agreement, except after first obtaining the written consent of the other Party.

21. Records and Audit. Program Host shall maintain complete and accurate records with respect to the services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Program Host shall make such records available to TCSD for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.

22. Conflict of Interest. The parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section 87100 of the Government Code relating to conflict of interest of public officers and employees. All parties hereto agree that they are unaware of any financial or economic interest of any public officer or employee of Program Host relating to this Agreement.

23. Signature Authority. Each person executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized by such Party to execute and deliver this Agreement on behalf of such Party and that this Agreement is binding upon the Party in accordance with its terms.

24. Counterparts. This agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement.
6 IN WITNESS WHEREOF, the parties have hereunto set hands on the day and year first above written.

TULARE CITY SCHOOL DISTRICT
By: Date:

Paula Adair
Superintendent
Tulare City School District
By: Date:

Marc Marc Mondell
City Manager, City of Tulare
7 Exhibit A
Fee Structure
TCSD shall pay Program Host (City of Tulare) at the end of each semester under the following terms:

1. Payment to the City of Tulare will be $325.00 per student, per semester.

2. Program Host will submit invoice to TCSD, at the end of each semester. TCSD shall pay the Program Host invoice within thirty (30) days of receipt of the monthly invoice, provided it contains sufficient reasonable documentation as determined by TCSD.

3. The contract total for Program Host services to be provided under this Agreement shall not exceed $520,000 for the services provided (“Total Fee”). Any work performed by the Program Host in excess of the Total Fee shall not be compensated. 8 Exhibit B
Scope of Services
The Agreement will cover operation by Program Host of an afterschool program pursuant to the ELO-P. The ELO-P focuses on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.

TCSD’s Duties.
i. TCSD will provide “Super Snack”, a USDA At-Risk Child and Adult Care Food Program supper meal, every day to every student. “Super Snack” is in conformance with the nutrition standards of the United States Department of Agriculture’s atrisk afterschool meal component of the Child and Adult Care Food Program. ii. TCSD shall provide a Program calendar of the days the Program will operate.

Program Host’s Duties.
i. Program. Program Host shall provide and be responsible for administering the Program in accordance with the ELO-P requirements. Program Host will provide the afterschool program, during the regular school year (180 school days), Monday through Friday from 2:30 p.m. to 5:30 p.m. at the following school sites:

Alpine Vista, Cypress, Garden, Heritage, Kohn, Maple, Mission Valley, Pleasant Each site will host approximately one hundred (100) students for a total of eight hundred (800) students.
ii. Enrollment. Program Host shall enroll only TCSD students and give priority enrollment in the Program to TCSD students who are in the unduplicated pupil category. The unduplicated pupil category currently includes foster students, low socioeconomic status students, English learner students, and homeless students. iii. Supervision and Records. Program host shall provide and be responsible for the adequate and proper supervision of students during involvement in the Program.

Program Host will be responsible for maintaining evaluation data, attendance forms, and other relevant Program documentation as needed by the Program, as approved by TCSD. Program Host will submit such documents to TCSD on a monthly basis.
iv. Confidentiality. Program Host will maintain the confidentiality of, and protection from unauthorized disclosure, any and all confidential individual student information received from TCSD, if any, including but not limited to student names and other identifying information. Program Host shall not use such student 9 information for any purpose other than carrying out the obligations under this Agreement. Upon termination of this Agreement, Program Host shall turn over to TCSD all confidential student information, if any, in its possession and obtained in the performance of this Agreement.
v. Covid-19 Mitigation Measures. Program Host will strictly, and without exception, follow all local, state, and federal guidelines regarding human protection from COVID-19 in accordance with the Tulare County Public Health Services Department, Center for Disease Control (“CDC”), and California Department of Public Health (“CDPH”) (Collectively "COVID-19 Guidelines”) as such guidelines may change from time to time.
vi. Meals. Program Host shall be responsible for serving meals to students during the Program in accordance with applicable laws, including food safety laws. Program Host and staff will be responsible for following sanitary food safety practices when serving food to the students.
vii. Staffing Levels. Program Host will comply with staffing requirements of ELO-P, which currently are approximately one (1) staff per twenty (20) students in first through sixth grade, and one (1) staff per ten (10) students in TK through kindergarten. The total level of staffing is based upon the number of students participating in the Program.
viii. After School Program Content and Requirement. Program Host will provide a program in compliance with applicable laws, including by not limited to, Education Code sections 46120 et seq, 8483.4 and 8482.3, this includes, but is not limited to providing:
a. All staff members who directly supervise students meet the minimum qualifications for an instructional aide, pursuant to TCSD Board Policy/Administrative Regulation 4222. All Program staff and volunteers shall be subject to the health screening and fingerprint clearance requirements in current law and District policy for school personnel and volunteers in the school district.
b. An educational and literacy element in which tutoring, or homework assistance is provided in one or more of the following areas:
i. language arts,
ii. mathematics,
iii. history and social sciences,
iv. computer training,
v. science.
c. An educational enrichment element that may include, but not be limited to:
i. fine arts,
ii. career technical education,
10 iii. recreation,
iv. physical fitness,
v. prevention activities.
d. Program Host will provide planned and age-appropriate recreational activities for students registered for the Program.
e. Program Host will provide all materials, supplies, and equipment related to the Program.
ix. After School Program Personnel and Volunteer. Program Host will be responsible for coordinating all matters regarding personnel. Program Host employees will meet qualifications that ensure “highly qualified” status, in compliance with California Education Code and aligned to TCSD policy. x. Student Attendance/Enrollment Reports. Program Host will submit TCSD a monthly attendance/enrollment report of the students who participate in the Program.
xi. Safety on/off Campus After School. Program Host and TCSD are committed to promoting the safety of all TCSD students. Program Host and TCSD will work collaboratively to develop a modified plan for execution during the after school program that is aligned to the Crisis Response Plan and/or School Safety Plan used by the TCSD.
xii. Requests for Change in Scope of Services. Requests for operational changes initiated by TCSD must receive approval by the Program Host. Requests must be submitted to the Program Host in writing prior to implementing any changes in Program operation. Operational changes may include, but are not limited to the following:
a. Increasing student Program capacity
b. Increasing/decreasing number of operational Program days c. Increasing/decreasing Program hours
d. School site locations to conduct Program
11 Exhibit C
Fingerprinting Notice and Acknowledgement for Contracts Other Than Construction Contracts

FINGERPRINTING NOTICE AND ACKNOWLEDGEMENT
(Education Code Section 45125.1)
Other than business entities performing construction, reconstruction, rehabilitation, or repair who have complied with Education Code section 45125.2, business entities entering into contracts with the TCSD must comply with Education Code sections 45125.1. Such entities are responsible for ensuring full compliance with the law and should therefore review all applicable statutes and regulations. The following information is provided simply to assist such entities with compliance with the law:

1. You (as a business entity) shall ensure that each of your employees who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a TCSD or school employee has a valid criminal records summary as described in Education Code section 44237. (Education Code, § 45125.1(a).) You shall do the same for any other employees as directed by TCSD. (Education Code, § 45125.1(c).) When you perform the criminal background check, you shall immediately provide any subsequent arrest and conviction information it receives to the TCSD pursuant to the subsequent arrest service. (Education Code, § 45125.1(a).)

2. You shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code section 45122.1. (Education Code, § 45125.1(e).) See the lists of violent and serious felonies in Attachment C-1 to this Notice.

3. Prior to performing any work or services under your contract with the TCSD , and prior to being present on TCSD property or being within the vicinity of TCSD pupils, you shall certify in writing to the TCSD under the penalty of perjury that neither the employer nor any of its employees who are required to submit fingerprints, and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1, and that you are in full compliance with Education Code section 45125.1. (Education Code, § 45125.1(f).) For this certification, you shall use the form in Attachment C-2 to this Notice.

4. If you are providing the above services in an emergency or exceptional situation, you are not required to comply with Education Code section 45125.1, above. An “emergency or exceptional” situation is one in which pupil health or safety is endangered or when repairs are needed to make a facility safe and habitable. The TCSD shall determine whether an emergency or exceptional situation exists. (Education Code, § 45125.1(b).)

5. If you are an individual operating as a sole proprietor of a business entity, you are considered an employee of that entity for purposes of Education Code section 45125.1, and the 12 TCSD shall prepare and submit your fingerprints to the Department of Justice as described in Education Code section 45125.1(a). (Education Code, § 45125.1(h).) I, Brian Beck, Recreation Manager for the City of Tulare, have read the foregoing and agree that the City of Tulare will comply with the requirements of Education Code, § 45125.1 as applicable, including submission of the certificate mentioned above.

Dated: _______________________
Name: ________________________
Signature: _____________________
Title: _________________________
13 ATTACHMENT C-1
Violent and Serious Felonies
Under Education Code sections 45122.1 and 45125.1, no employee of a contractor or subcontractor who has been convicted of or has criminal proceedings pending for a violent or serious felony may come into contact with any student. A violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code. Those felonies are presently defined as:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.

(4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. 14 (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.

A serious felony is any felony listed in subdivision (c) Section 1192.7 of the Penal Code. Those felonies are presently defined as:
(1) Murder or voluntary manslaughter; (2) Mayhem; (3) Rape; (4) Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) Lewd or lascivious act on a child under the age of 14 years; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) Attempted murder; (10) Assault with intent to commit rape, or robbery; (11) Assault with a deadly weapon or instrument on a peace officer; (12) Assault by a life prisoner on a non-inmate; (13) Assault with a deadly weapon by an inmate; (14) Arson; (15) Exploding a destructive device or any explosive with intent to injure; (16) Exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) Exploding a destructive device or any explosive with intent to murder; (18) Any burglary of the first degree; (19) Robbery or bank robbery; (20) Kidnapping; (21) Holding of a hostage by a person confined in a state prison; (22) Attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) Any felony in which the defendant personally used a dangerous or deadly weapon; (24) Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) Grand theft involving a firearm; (27) carjacking; (28) 15 any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision. 16 ATTACHMENT C-2
Form for Certification of Lack of Felony Convictions
Note: This form must be submitted by the owner, or an officer, of the contracting entity before it may commence any work or services, and before it may be present on TCSD property or being within the vicinity of TCSD pupils.

Entity Name: ____________________________________
Date of Entity’s Contract with TCSD: ____________________________________ Scope of Entity’s Contract with TCSD: ____________________________________ I, ________________ [insert name] , am the _________________ [insert “owner” or officer title] for _________________________ [insert name of business entity] (“Entity”), which entered a contract on ________________, 20__, with the Super for ________________________.

I certify that (1) neither the Entity, nor any of its employees who are required to submit fingerprints and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1; and (2) the Entity is in full compliance with Education Code section 45125.1, including but not limited to each employee who will interact with a pupil outside of the immediate supervision and control of the pupil’s parent or guardian having a valid criminal background check as described in Education Code section 44237.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Date: ____________, 20__ Signature: _____________________________ Typed Name: __________________________
Title: ________________________________
Entity: _______________________________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 2, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Review, discuss, and possibly update the terms, term limits, residency requirements, minimum qualifications, and appointment process for City boards, commissions, and committees.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

Currently, there are eight City of Tulare boards, commissions, and committees. Members of these bodies are appointed by one of three methods: (1) Mayor appointed and confirmed by majority of the Council; (2) appointed by each seat of the Council and confirmed by the majority of the remainder of the Council; and (3) appointed at large which means any member of the Council may put forth a nomination which must be confirmed by the majority of the remainder of the Council.

Body Term Authority Appointment Process
Aviation Committee 4 years Minute Order Not followed, adopted in 1972: one appointment by Mayor as Council
rep, one Planning Commissioner,
one airport lease holder, and two
additional members.

Board of Public Utilities 4 years Charter § 52 Appointed by the Mayor and confirmed by the Council.

Committee on Aging 4 years Minute Order Unknown, adopted in 1972, unable to locate rules and procedures;
currently appointed by Council with
confirmation of remainder of Council.

Measure I Citizen
Oversight Committee
4 years Minute Order;
Reso 05-5261
Appointed by Council Seat.

Library Board 3 years Education
Code § 18910
Appointed by the Mayor and
confirmed by the Council.

Parks and Recreation
Commission
4 years Muni Code §

2.04 Appointed by Council Seat.

Planning Commission 4 years Reso 17-57 Appointed by Council Seat.

Police Department
Citizen Complaint
Review Board
2 years Muni Code §

2.12 Five appointed by Council Seat; two
appointed at large.

AGENDA ITEM: General Business 1
Council has requested staff bring forth an item for review and possible direction regarding the appointment processes. In addition to the appointment process, staff is also bringing forth for discussion the following:
• Terms
• Term limits
• Residency requirements
• Minimum qualifications
Staff researched what other cities have established in regard to these items. The results of that research are provided below.

Terms
A majority of the cities polled have established four-year terms for all boards, commissions, and committees with the City of Visalia commissions and committees serving two-year terms.

A couple of the cities had varying terms depending on the board, commission, or committee, but four years was the most common term.

Term Limits
Of the six cities researched, five of the cities have established term limits. This is not a current practice for the City of Tulare, but is something the Council could consider. Staff has provided in the table below what some other cities have established in regard to term limits.

Hanford Two consecutive four-year terms on any one commission; must wait at least one year prior to being able to apply and be reappointed to same commission.

In the past, members were able to have their principle place of residence or business within the sphere of influence of the City of Tulare. This was changed in December 2019 at the direction of Council at that time.

Staff seeks Council direction in regard to residency requirements.

Minimum Qualifications
There were no minimum qualifications stated for any of the cities in staff’s research. However, there were select cities that did state specific expertise and experience would be considered when making appointments to certain boards, commissions, and committees, although not required for appointment.

Staff seeks Council direction in possibly establishing minimum qualifications for any of the boards, commissions, and committees.

Appointment Process
Below is a table which summarizes the appointment process for each of the polled cities:

Hanford Members of all commissions shall be appointed by the mayor with the approval of a majority of the members of the city council.

Los Altos Appointments made by written ballot.

Richmond Recommended by the mayor and approved by majority vote of the Council.

Redwood City Council nominated and confirmed by majority vote of the remainder of the Council.

Staff is recommending Council simplify the process for appointing members to boards, commissions, and committees by establishing a standardized appointment process. This would remove any confusion when filling vacancies at the end of terms or as unscheduled vacancies arise. When establishing this process, Council may want to consider the following:
• Will this process discourage members of the public from applying? • Will this process give the perception that those considering applying would need to have a relationship (personal or professional) with a council member in order to be considered for appointment by that council member?
• Will this process potentially cause delays for appointments? Staff seeks Council direction in the preferred appointment process, asking that Council choose one process to apply to all boards, commissions, and committees where possible, understanding the inability to change the process for the Library Board and the requirement of placing a measure on the ballot to change the process for the Board of Public Utilities.

Following Council direction, staff will bring an updated handbook back for approval. The current handbook is attached.

STAFF RECOMMENDATION:

Review, discuss, and possibly update the terms, term limits, residency requirements, minimum qualifications, and appointment process for City boards, commissions, and committees.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Melissa Hermann Title: Chief Deputy City Clerk Date: May 27, 2022 City Manager Approval: ____________
City of Tulare
Board/Commission/Committee
Handbook
Prepared by the Office of the City Clerk
Welcome Welcome and thank you for your willingness to serve as a member on one of Tulare’s Commissions, Committees, or Boards. As a member, you will be responsible for making important decisions as well as serve in an advisory capacity to the City Council in addressing specific issues.

This handbook is designed to serve as a reference for the basic protocols that generally apply to all advisory bodies. Reviewing this document will ensure you have a sense of your responsibilities. As a new member, you may want to meet with the department head responsible for your commission/board/committee or the Chair for your to get a better sense of your role and the business of the body. Along with familiarizing yourself with your legislative body’s foundational documents, you may want to review agendas and minutes from recent meetings to bring you up-to-date on current issues. All agendas and minutes are available on the City’s website at www.tulare.ca.gov.

We hope this handbook will assist you towards a satisfying and productive experience. The vitality and strength of our community results from the willingness of people like you to serve.

Office of the City Clerk
Table of Contents
City Contacts................................................................................................................... 1 Structure of Government................................................................................................. 2 Form of Government.................................................................................................... 2 City Council ................................................................................................................. 2 City Manager ............................................................................................................... 2 City Clerk ..................................................................................................................... 3 City Attorney ................................................................................................................ 3 Departments ................................................................................................................ 3 Policies and Procedures.................................................................................................. 6 Relationship to Council, Staff, and Media.................................................................... 6 Recommendations, Requests, and Reports ................................................................ 6 Council Referrals ......................................................................................................... 6 Public Appearance of Board, Commission, and Committee Members ........................ 7 Disbanding of Advisory Body....................................................................................... 7 Boards, Commissions, and Committees ......................................................................... 8 Terminology and Definitions ........................................................................................ 8 Board of Public Utilities................................................................................................ 8 Planning Commission.................................................................................................. 9 Parks and Recreation Commission.............................................................................. 9 Library Board ............................................................................................................... 9 Committee on Aging .................................................................................................... 9 Aviation Committee.................................................................................................... 10 Police Department Citizen Complaint Review Board................................................. 10 Housing/Building Board of Appeals ........................................................................... 10 Measure I Citizen Oversight Committee .................................................................... 10 Meetings and Officers ................................................................................................... 11 Agendas, Notices, and Minutes ................................................................................. 11 Conduct of Meetings and Parliamentary Procedures................................................. 12 Meeting Locations and Dates .................................................................................... 12 Selection of Chair and Vice Chair.............................................................................. 12 Other Rules and Regulations..................................................................................... 12 Membership .................................................................................................................. 13 Appointments and Oaths ........................................................................................... 13 Application and Selection Process............................................................................. 13 Attendance ................................................................................................................ 13 Compensation ........................................................................................................... 14 Qualifications, Compositions, Numbers ..................................................................... 14 Reappointments, Resignations, Removals ................................................................ 15 Term of Office............................................................................................................ 15 Vacancies, New Terms and the Maddy Act ............................................................... 15 Legal Requirements ...................................................................................................... 16 Conflict of Interest...................................................................................................... 16 Ethics......................................................................................................................... 16 Open Meetings – The Brown Act............................................................................... 16 Public Records .......................................................................................................... 17 Discrimination and Equal Protection.......................................................................... 17 Due Process .............................................................................................................. 17 Reasonableness........................................................................................................ 18 Use of Public Property............................................................................................... 18 Mission Statement......................................................................................................... 19 1 Tulare, California 93274
City Council
Jose Sigala District 1 329-9864 (c)
Terry A. Sayre District 2 972-4124 (c)
Steve Harrell District 3 688-6348 (c)
Dennis A. Mederos District 4 901-3892 (c)
Patrick Isherwood District 5 300-5899 (c)
City Contacts
Marc Mondell City Manager 684-4312
Josh McDonnell Deputy City Manager 684-4210
Mario Zamora City Attorney 584-6656
Wes Hensley Police Chief 684-4246
Doyle Sewell Interim Fire Chief 684-4367
Janice Avila Human Resources Director 684-4203
Darlene Thompson Finance Director 684-4255
Trisha Whitfield Public Works Director 684-4319
Jason Glick Community Services Director 684-4315
Traci Myers Comm. & Econ Dev. Director 684-4230
Michael Miller City Engineer 684-4269
Roxanne Yoder Chief Deputy City Clerk 684-4200
Melissa Hermann Deputy City Clerk/Records Co. 684-4206
Graffiti Abatement 684-4279
Animal Control 685-5047
Code Enforcement 687-2288
2 Structure of Government
Form of Government
Within California, there are two types of cities: general law cities and charter cities. General Law cities adhere to the provisions and requirements established as general law by the state for cities and are governed by the provisions of the California Government Code and other applicable State statutes. The City of Tulare is a charter city, which has been incorporated under its own charter. The charter cities in California are not subject to many of the planning and zoning statutes promulgated by the state, and thus have broader powers to enact land use regulations and other rules of process than do general law cities.

City Council
The City of Tulare is governed by a Council/Manager form of government. Under this form of government, the elected City Council sets the policies for the operation of the Tulare City Government. The City Council consists of five members, elected by district, but representing the city’s interests as a whole. The City Council also appoints the City Manager, the City Clerk and the City Attorney who serve at the pleasure of the City Council.

Council Members in Districts 1, 3, and 5 are elected beginning in November 2012, and Council Members in Districts 2 & 4 are elected beginning in November 2014.

Council Members serve four-year terms. The Mayor and Vice Mayor are selected by the Council for two-year terms. The Mayor is the presiding officer of the Council and the official spokesperson and ceremonial representative of the City.

City Manager
The administrative responsibility of the City rests with the City Manager who is appointed by the City Council. The City Manager's Office provides support and assistance to the Mayor and City Council, conducts legislative analysis, and participates in numerous regional, state and federal organizations that support the objectives of the City of Tulare.

The City Manager provides supervision and direction to all City departments and performs economic development activities citywide. In addition to providing oversight of all City operations, the general administrative functions of the City Manager's Office include budget management, agenda review, purchasing, public relations, public information and marketing activities, legislative analysis, telecommunications franchise management, and liaison to the Chamber of Commerce and other government agencies.
3 City Clerk
The City Clerk’s Division is responsible for compiling and maintaining original City records, including a record of all of the proceedings of the City Council. Other duties assigned to this Division include compiling and maintaining central files, legislative history, ordinances and resolutions, and serves as the main communication point between citizens and the municipal government.

City Attorney
The City Attorney serves as legal advisor of the Council, the City Manager, and all other officers, boards, commissions, and departments of the City.

Departments
The various departments within the City provide expertise in their designated areas and service to the members of the public, business community, and City Council.

Human Resources
The Human Resources division provides support in areas of labor and employee relations, employee training and development, health and safety, recruitment and selection, compensation and classification, employee benefits administration and the administration of the City’s worker’s compensation and general liability programs, as well as safety and regulatory compliance.

General Services
The General Services division oversees the activities of the following divisions:

Transit, Facilities Maintenance, Fleet Maintenance, Property Services, Airport, and Cycle Park.

Finance
The Finance Department is responsible for providing general accounting/financial services such as accounts payable and receivable, payroll, recording and maintaining the City’s general ledger, purchasing, providing support and assistance in the annual budget process including revenue projections, preparing internal and external financial reporting and various annual report to the State Controller and other governmental agencies. The Finance Department also oversees the financial side of the Transit Division.
4 Community Services
The Community Services Department is comprised of the following divisions:

Parks, Recreation, Library, and Senior Services. This department maintains and manages the Community Centers, organizes and coordinates the recreational programs and sports leagues for all ages including organized activities during summer and winter vacations. Other facilities and activities include the Senior Center as well as the Library which is responsible for the acquisition, organization, and maintenance of the City’s collection of library materials and for the provision of services and programs to facilitate public access and utilization of library resources to meet their informational, educational, and recreational needs and interests.

Community and Economic Development
The Community and Economic Development Department, which includes Planning and Housing, is responsible for the long-range planning for the City as well as current planning. The Planning Division must address a rapidly expanding scope of planning related laws including, but not limited to implementation of the Air Quality Master Plan, Transit Oriented Development Plan, and Americans with Disabilities Act (ADA). Community and Economic Development also monitors compliance with General Plan policies and State Law related to these functions.

Engineering
The Engineering Department, which includes Project Management and Building, provides project design, surveying, inspection, and construction management for capital improvement projects. This division also reviews plans and inspects construction of new developments to ensure compliance with applicable laws and ordinances, City standards, specifications, masterplans, and sound engineering design methods; provides Traffic Engineering planning and design to assure the safe and efficient movement of people and products; provides long range planning for the City’s streets, utilities, and drainage infrastructure; and includes day-to-day interaction with developers and property owners that desire to either build or make improvements to property.

Public Works
The Public Works Department repairs city streets and sidewalks, paints traffic markings, installs and maintains traffic signage, maintains street lighting and traffic signal systems, and provides street sweeping services. This department also cleans and repairs sewer and storm drain systems, oversees the water department, manages the City’s solid waste functions, and operates the wastewater treatment facility.

Police Department
The Police Department consists of various divisions including Administration, Patrol, Investigation, and Traffic Safety. The Tulare Police Department continues to 5 actively support proven crime prevention programs and to explore new and innovative methods to reduce crime in Tulare.

The Code Enforcement and Animal Control Divisions are responsible for enforcing the Municipal Code, Building Code and the City’s Zoning Ordinance; operation of the City’s Animal Shelter as well as handling animal related complaints, dog licensing, and nuisance abatement.

Fire Department
The Fire Department is responsible for fire combat and suppression, medical emergencies, fire prevention, fire safety education, the City’s hazardous materials program, and emergency preparedness. The department provides safety education programs and information on life and safety for City residents, schools, and businesses. 6 Policies and Procedures
Relationship to Council, Staff, and Media
Upon referral by the Council, or as otherwise dictated by the Charter or the City’s Municipal Code, the Boards, Commissions, and Committees shall study referred matters and return their recommendations and advise to the Council. With each such referral, the Council may authorize the City staff to provide certain designated services to aid in the study. Upon its own initiative, the Boards, Commissions, and Committees shall identify and raise issues to Council’s attention and from time to time survey pertinent matters and make recommendations to the Council.

Boards, Commissions, and Committees should not become involved in the administrative or operational matters of City departments unless specifically provided in their prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies, or establish department policy without specific approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature.

Additional or other staff support may be provided upon a formal request to the City Council. The responsibility for setting policies for the City rests with the City’s duly elected representatives, the City Council.

Members of Boards, Commissions, and Committees should refer all media inquiries to City staff and not provide statements or positions on any issues on behalf of the City.

Recommendations, Requests, and Reports
City staff for the Boards, Commissions, and Committees may submit requests for direction and support from the City Council file reports and facilitate any other communications needed for proper function of the Board, Commission, or Committee.

Such requests shall be communicated to the City Manager in advance so that they may be listed on the agenda. The Chairperson shall attend the City Council meeting to address any questions. The Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

Council Referrals
The staff representative shall transmit to the designated Board, Commission, or Committee all referrals and requests from the City Council for advice and recommendations. Boards, Commissions, and Committees shall expeditiously consider 7 and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments.

Public Appearance of Board, Commission, and Committee Members When a Board, Commission, or Committee member appears in a non-official, non-representative capacity before the public, for example in a Council meeting, the member shall indicate that he or she is speaking only as an individual. Conversely, when a member who is present at a Council meeting is asked to address the Council on a matter pertaining to his or her Board, Commission or Committee, the member should represent the viewpoint of the particular body as a whole (not a personal opinion).

Disbanding of Advisory Body
Upon recommendation by the Chair of the Board, Commission, or Committee or appropriate staff, any standing or special Advisory Body, established by the City Council and whose members were appointed by the City Council, may be declared disbanded due to lack of business, by majority vote of the City Council. 8 Boards, Commissions, and Committees
Terminology and Definitions
Typically, Boards and Commissions are formed by Ordinance/Charter and the members take the Oath of Office; Committees are formed by Resolution or minute action of the Council. Changes to those formed by Ordinance/Charter generally require an amendment to the municipal code or to the Charter by the electorate.

The following terms and definitions are applied to Boards, Commission, and Committees in general:

AD HOC COMMITTEE – Committees established for a specific purpose and a defined period of time. Formed for or concerned with one specific purpose (e.g. Ad Hoc Compensation Committee); formed or used for specific or immediate problems or needs.

BOARD – A group of persons having managerial, supervisory, or advisory powers or function. In parliamentary law, a board is a form of deliberative assembly and is distinct from a committee, which is usually subordinate to a board or other deliberative assembly with the Board having greater autonomy and authority.

COMMISSION – A group of people officially authorized to perform certain duties or functions vested with certain powers or authority.

COMMITTEE – A group of people officially delegated to perform a function, such as investigating, considering, reporting, or acting on a matter.

TASK FORCE – A temporary grouping of individuals and resources for the accomplishment of a specific objective.

Board of Public Utilities
The Board of Public Utilities was established by the Tulare City Charter and is charged with the responsibility of regulating and managing the utility divisions of the City. Those divisions include Solid Waste (refuse collection and street sweeping), Water, Sewer and Wastewater. Pursuant to Charter Section 52 this five-member Board is appointed by the Mayor and confirmed by the City Council for four-year terms. The Board meets at 4:00 p.m. on the first and third Thursday of each month. Meetings are held at the Tulare Public Library & Council Chambers.
9 Planning Commission
The Planning Commission was established by the Tulare City Charter and is responsible for considering and making decisions regarding land use, planning and zoning in accordance with the scope of city ordinances, development standards and state planning laws. A wide variety of issues are under the purview of the Planning Commission, including subdivisions, annexations, design review, zoning and environmental impact assessments. Pursuant to Resolution 17-57 the five-member Planning Commission is appointed by the City Council Members, by seat, with members serving a four-year term. Members serve four-year terms. The Planning Commission meets on the second and fourth Monday of each month at 7:00 p.m. Meetings are held at the Tulare Public Library & Council Chambers.

Parks and Recreation Commission
The Parks and Recreation Commission established by City Ordinance is a sevenmember advisory board appointed by the City Council to act on matters of recreational importance to all segments of the community, including recreational programs, facilities, park development. The Commission also serves as an advisory body to City Council & staff regarding street trees to be removed or planted, standards for landscape enhancement and tree preservation policy. Pursuant to Municipal Code Chapter 2.04 the Mayor and each Council Member shall have the right to nominate Commissioners from the citizens at large and such nominations shall be honored by ratification and confirmation by majority vote of the membership of the Council. Members serve fouryear terms and meet on the second Tuesday of the month at 6:30 a.m. at the Claude Meitzenheimer Community Center.

Library Board
The Library Board established by the Tulare City Charter is a five-member advisory board appointed by the City Council for four-year terms to advise the staff and Council on all matters relating to library service. Meetings are held on the third Wednesday of each month at 4:00 p.m. in the Tulare Public Library.

Committee on Aging
The five-member Committee on Aging is responsible for advising the Parks, Library & Recreation Department on matters of senior citizen interest including such areas as recreation, social and nutritional services. Pursuant to Minute Action of the Council on May 2, 1972, Members shall be appointed by the Mayor with the approval of the City Council. Members serve four-year terms. Meetings are held the third Wednesday of each month at 12:00 p.m. at the Senior Community Center. 10 Aviation Committee
The Tulare Aviation Committee, a five-member advisory board. Pursuant to Minute Action of the Council on July 6, 1971, Members shall be appointed by the Mayor with the approval of the City Council. The Committee is charged with the responsibility of making recommendations to the Council and staff in all areas related to city airport use, improvements and development of Mefford Field. Committee members serve a fouryear term. Regular meetings of the Committee are held quarterly beginning in January on the fourth Monday of the month at 6:00 p.m. in the City Hall Community Room.

Police Department Citizen Complaint Review Board
The Police Department Citizen Complaint Review Board, is charged with the responsibility of reviewing the Police Department's investigation of citizen complaints in specific areas and providing an independent review to the Chief of Police. The Board does not recommend or review disciplinary action against Police Department employees. Pursuant to Municipal Code Chapter 2.12 the Board shall consist of seven members. Each member of the City Council shall select and appoint one member to the Board, subject to approval of the appointment by the remainder of the Council, and two appointed at-large to two-year terms. An eighth, non-voting member is selected by the Police Officers Union to sit on the Board. Board meetings are held on the second Tuesday of the month at 5:30 p.m. in the City Hall Community Room.

Housing/Building Board of Appeals
The Housing and Building Appeals Board consists of five members. Pursuant to Municipal Code Chapter 4.32.010 the Board of Appeals was created as set forth in the provisions of the Uniform Building Code. Appointed by the City Council to serve fouryear terms. Members should have familiarity with building and construction industry.

The Board meets on an "as needed" basis to hear and decide appeals of orders, decisions or determinations made by building officials regarding construction related activity or structures declared to be a public nuisance. The Board is served by a City staff liaison for administrative support.

Measure I Citizen Oversight Committee
The Measure I Citizen Oversight Committee, pursuant to ballot language, Resolution 05-5261 and by guidelines approved May 16, 2017, consists of five members appointed by City Council Members, by seat, to serve four-year terms. The Committee will meet twice annually, once to be briefed on the annual budget (mid-year) and again to review the Annual Audit Report, specific to Measure I. Members must live in Tulare. 11 Meetings and Officers
Agendas, Notices, and Minutes
All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings.

Support staff for each advisory body shall be responsible for properly noticing and posting all regular, special, cancelled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, City Manager, City Attorney, City Clerk and other appropriate staff, as requested. An agenda generally consists of the following:
• Call to Order
• Citizen Comments
• Communications
• Consent Calendar
• General Business
• Items of Interest
• Adjournment
All items of business to be discussed at a meeting shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration. If action is taken on any items that are not on the agenda or not noticed properly, those actions will not be valid.

Written minutes of all regular and special meetings must be kept as the official record of business transacted and are taken by the Secretary to the Advisory Body or a staff member if a Secretary is not appointed. Minutes should include a brief summary of any pertinent discussions and should contain mainly a record of the actions taken by the Advisory Body at the meeting. Minutes are approved at the next meeting of the Advisory Body and any corrections to the minutes may be made during the meeting and prior to the approval. Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted Records Retention Schedule.

Members should carefully read the agenda and all agenda materials in advance so that they can be prepared for the meeting and get clarification and answers to questions from staff if needed. They should come prepared with issues to raise on all sides of the matter under consideration. Members also need to review each agenda item ahead of the meeting to determine if they may have a potential or actual conflict due to property or monetary interests or for any other reason prescribed by law. 12 Conduct of Meetings and Parliamentary Procedures
Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow basic parliamentary procedures, similar to Rosenberg’s Rules of Order, but not exclusive thereto. A majority of members shall constitute a quorum and a quorum must be seated before meeting is called and an official action is taken. The Chair of each advisory body shall preside at all meetings and the Vice Chair shall assume the duties of the Chair when the Chair is absent.

Meeting Locations and Dates
Meetings may be held in the Council Chambers or other designated City facilities, as noticed. Regular meetings shall have a fixed date and time established by the Advisory Body or the City Council. Changes to the established regular dates and times are subject to the approval by the City Council.

Selection of Chair and Vice Chair
The Chair and Vice Chair of each Advisory Body shall be selected in January of each year, or as set forth by Charter or in approved bylaws, by a majority of its members and shall serve for one year or until their successors are selected.

Other Rules and Regulations
Each Advisory Body may adopt other rules and procedures, as it feels necessary to effectively and efficiently accomplish its duties. Such rules are subject to Council approval before becoming effective and should not be in conflict with this Handbook, any rules or regulations related to the function or operation of the Advisory Body adopted by Council or contained in City Charter or Code. 13 Membership
Appointments and Oaths
The City Council is the appointing body for all Boards, Commissions and Committees. All members serve at the pleasure of the City Council for designated terms. All appointments and reappointments may be made at a regularly scheduled or special City Council meeting and require an affirmative vote of a majority of the Council present, unless appointment is otherwise described. Prior to taking office, all members must complete an Oath of Allegiance as required by the City Charter. All oaths are administered by the City Clerk or his/her designee. Appointments made during the middle of the term are for the unexpired portion of that term.

Application and Selection Process
The application process begins when a vacancy occurs due to term expiration, resignation, removal or death of a member of an Advisory Body. The application period will normally run for a period of four weeks from the date the vacancy occurs. If there is more than one concurrent vacancy in a Commission, the application period may be extended. Any candidate that wishes to be considered must fill out an application.

Applications are available from the City Clerk’s office. Applicants are required to complete and return the application form, along with any additional information they would like to transmit, by the given deadline. Applications sent by fax or email are accepted. Applications are kept on file for two years. The City Clerk shall notify members whose terms are about to expire whether or not they are eligible for reappointment. If reappointment is sought, the incumbent shall notify the City Clerk’s Office.

After the deadline for receipt of applications, the City Clerk shall schedule the application reviews at the next available regular Council meeting. All applications received will be submitted and made a part of the Council agenda packet for their review and consideration. If there are no applications received by the deadline, the City Clerk will extend the application period for an indefinite period of time until sufficient applications are received.

Following an appointment, the City Clerk shall notify successful and unsuccessful applicants in writing. Appointees will receive copies of the City’s Non-Discrimination and Sexual Harassment policies.

Attendance
An Attendance Policy shall apply to all Advisory Bodies. Provisions of this policy are listed below.
14 Any member of any City Council appointed board, commission and/or committee who is absent from either:
(1) Three consecutive regular meetings; or
(2) Fifty percent or more of all meetings within any consecutive 12-month period of time, shall automatically be removed from the board, commission and/or committee, unless the City Council shall find and determine that there was good cause to excuse the absences.

Good cause shall include but not be limited to: illness, injury, hospitalization, other medical emergencies or temporary requirements and obligations of employment or family matters.

City Council may consider removal of a member on its own volition, with or without the consensus from the Advisory Body.

While it is expected that members be present at all meetings, the support staff or Chair should be notified if a member knows in advance that he/she will be absent.

Compensation
Members of Advisory Bodies shall serve without compensation unless specifically provided for in the City Charter for their services.

Qualifications, Compositions, Numbers
Unless stated otherwise in an Advisory Body’s By-Laws or by statute, or provided for by the Council, City Charter or Code, all Members shall maintain their principal place of residence in the City of Tulare at the time of their appointment and throughout the term of service. Current members of any other City Board, Commission, or Committee are disqualified for membership if there is a direct conflict between the bodies.

Members shall be permitted to retain membership while seeking any elective office.

However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office.

If at any time during their term any member shall cease to maintain their principal place of residence in the City of Tulare, then such person shall become ineligible to continue to serve as a member of the Board, Commission & Committee and said position shall be declared vacant by the City Council. No Board, Commission, or Committee member shall hold any paid office or employment in the City Government, unless stated otherwise in their bylaws.
15 Reappointments, Resignations, Removals
Incumbents seeking a reappointment are required to notifying the staff liaison of which will be transmitted to the City Clerk by the given deadline. There is no limit to the number of terms a member may serve. Resignations must be submitted in writing to the City Clerk, who will distribute copies to City Council and appropriate staff. The City Council may remove a member by a majority vote of the Council without cause, notice or hearing.

Term of Office
Unless specified otherwise, the term of office for members of all Advisory Bodies shall be four (4) years unless a resignation or a removal has taken place. The term of office for all members shall expire on December 31 of the 4th year. All current members of the Boards, Commissions and Committees will have their terms adjusted appropriately to expire on December 31. If a person is appointed to fill an unexpired term and serves less than two years, that time will not be considered a full term.

However, if a person is appointed to fill an unexpired term and serves two years or more, that time will be considered a full term. Terms are staggered to be overlapping four-year terms, so that not all terms expire in any one year. If a member resigns before the end of his/her term, a replacement serves out the remainder of that term.

Vacancies, New Terms and the Maddy Act
Vacancies are created due to resignations, removals or death. Vacancies are posted by the City Clerk. Whenever an unscheduled vacancy occurs in any Advisory Body, a special vacancy notice shall be posted within 20 days after the vacancy occurs.

Appointment shall not be made for at least ten working days after posting of the notice (Government Code 54974).

Seats on the Advisory Boards will also become available at the end of each term.

On or before December 31 of each year, an appointment list of all regular advisory Boards, Commissions and Committees of the City Council shall be prepared by the City Clerk and posted in the usual and customary location for posting City notices. This list is also available to the public (Government Code 54972, Maddy Act).

The Legislature established 54970 et seq. of the Government Code, also known as “The Maddy Act,” for the purpose of increasing public awareness of appointments to be made by any local government. To improve interest in serving, transparency in the process and provide the local appointive powers access to applicants otherwise untapped.
16 Legal Requirements
Certain limitations have been placed upon the powers of both the City Council and its appointed commissions by both statutory and case law. In certain instances, application of these restraints may be crucial in the governmental process. In instances of doubt, the City Attorney’s advice or formal opinion should be sought.

Conflict of Interest
As specified in state law, it is illegal for an Advisory Body member to have an interest in any contract, sale, purchase, finding or transaction in which the member is involved in an official capacity. Conflict of interest may disqualify the member and invalidate any action where such conflict exists. Any interest, whether personal, private, general or sentimental that would tempt a member to act in any manner other than the best public interest should be examined and official action accordingly restricted. An interest that is common to all similarly situated persons is not disqualifying to an action.

Pursuant to the Conflict of Interest Code, members may be required to file a Statement of Economic Interest with the City Clerk to disclose personal interests in investments, real property and income. This is done within 30 days of appointment date and annually thereafter. A Statement is also required within 30 days of leaving office.

The Conflict of Interest Code has been established and adopted by the City Council pursuant to the California Fair Political Practices Act (Government Code Section 87300 et seq.). Copies of the code are available from the City Clerk.

Ethics
Effective January 1, 2006, state law (AB 1234) requires that local officials that receive compensation, salary, stipends, or expense reimbursements must receive training in public service ethics laws and principles every two years. The requirement applies to the Board of Public Utilities and the Planning Commission, and can be fulfilled online at http://localethics.fppc.ca.gov/ab1234/ and the certificate of completion should be forwarded to the City Clerk’s office.

Open Meetings – The Brown Act
The Ralph M. Brown Act, which was passed in 1953, has become a model public meeting law for the country. The opening section of the law states that:
"In enacting this chapter, the legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of 17 the law that their actions be taken openly and that their deliberations be conducted openly."
The Act extends to any advisory commission, board or body of a local agency.

Its relevant provisions include the following: with some exceptions, meetings of advisory bodies must be held within the territory of the local agency, meetings must be open to the public, and notice of meetings must be delivered prior to the meeting to the press and public pursuant to the provisions of the Government Code.

A "meeting" takes place whenever a quorum of the Boards, Commissions, and Committees is present and official business is conducted. A Board, Commission, and Committee member who attends a meeting where action is taken, knowing that the meeting is in violation of the Brown Act, is guilty of a misdemeanor. "Action taken" means a collective decision made by a majority of the members of the body, a collective commitment or promise to make a positive or negative decision, or an actual vote by the majority of the members on a motion, proposal, resolution, order or ordinance. Care should be taken to make sure that if a quorum of a commission is gathered at a public or private place, no public business is discussed and that the gathering will not be interpreted as a meeting. Board, Commission, and Committee members are permitted to socialize in a non-meeting setting but must refrain from discussing any business.

Any questions concerning the effect of the Brown Act should be directed to the City Clerk.

Public Records
The Government Code of the State of California provides that all official records of the city are open to inspection to any interested citizen at reasonable times.

Exceptions to this law are only those records specified in the act, records relative to legal action in which the city is a party, and records the disclosure of which would not be in the public interest. Board, Commission, and Committee minutes and supporting documents are public records and may be subject to disclosure.

Discrimination and Equal Protection
All rules, regulations, laws, services, and facilities must apply equally to all persons and not give favor to any segment of the community. Similarly, all laws and ordinances of the city must afford equal protection to all facets of the community, unless the purpose of a city action requires special classification of the community.

Due Process
All governmental procedures and process must allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the 18 matter involved. Unfair determinations, such as bias, predetermination, refusal to hear, etc., may invalidate actions.

Reasonableness
Every action of municipal government must be reasonable, or otherwise stated, not be capricious, extreme, arbitrary, or abusive.

Use of Public Property
Public property, equipment, and facilities may not be used for private or personal purposes. Facilities, equipment, and supplies are provided by the city, but are limited to use in official functions only.
19 Mission Statement
“To promote a quality of life making Tulare the most
desirable community in which to live, learn, play,
work, worship, and prosper.”

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community & Economic Development For Council Meeting of: August 2, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Review the existing Appeals process regarding Planning and Zoning decisions made by staff and the Department Director to Planning Commission, as well as Planning Commission decisions, which can be appealed to City Council.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The process and fees associated with these appeals are shown in the table on the following page for the City of Tulare in comparison to other surrounding cities in this part of the San Joaquin Valley.

STAFF RECOMMENDATION:

Staff is presenting this as an informational item for City Council consideration, and for direction to staff on any requested changes to the existing ordinance or fees regarding appeals pertaining to administration of the city’s Zoning Code.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Mario Anaya Title: City Planner
Date: July 25, 2022 City Manager Approval: ____________ AGENDA ITEM: General Business 2
City Appeals Process Appeal Fee
Clovis Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$1,629 (Appeal to CC)
$3,084 (Appeal to PC)
Corcoran Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$760 (Appeal to CC)
$610 (Appeal to PC)
Delano Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$0 (Free)
Dinuba Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$300 (Admin Appeal)
$340 (Director or PC Appeal)
Exeter Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$250
Farmersville Zoning Admin Decision
Appealed to PC; PC Decision
Appealed to CC
$840
Fowler Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$30.04 (Appeal to CC)
$146.78 (Appeal to PC)
Hanford Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$1,000
Kingsburg Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$300
Lemoore Director & PC’s Decisions
Appealed to CC
$220 (Admin Permits)
$1,000 (Quasi-Judicial Permits &
Entitlements)
Lindsay Director Decision Appealed to
CC
$170
Porterville Zoning Admin Decision
Appealed to CC
$316
Reedley Board of Zoning Adjustment &
PC Decisions Appealed to CC
$500
Sanger Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$625
Selma Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$2,745
Tulare Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$1,118
Visalia Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$575
Woodlake Director’s Decision Appealed to
PC, PC Decision Appealed to CC
$0 (Free)
CHAPTER 10.20: APPEALS
Section

10.20.010 Who may appeal.

10.20.020 Appeal.

10.20.030 Effect of filing notice of appeal.

10.20.040 Public hearing continuation.

10.20.050 Action of the appellate body.

10.20.060 Appeals by the Planning and Building Director. § 10.20.010 Who may appeal.

Any person dissatisfied with a decision of the Planning and Building Director on a planning permit or procedure may appeal to the Planning Commission unless otherwise specifically provided for in this title. Further, any person dissatisfied with a decision of the Planning Commission on a planning permit or procedure may appeal the decision to the City Council, unless otherwise disallowed by this title.
(1995 Code, § 10.20.010) (Ord. 00-1854, passed - -2000) § 10.20.020 Appeal.

Decisions of the Planning and Building Director or Planning Commission may be appealed by filing a letter with the City Clerk no later than ten days after the day on which the decision was made. The appeal shall state the name of the person making the appeal, the decision that is being appealed and the reasons for the appeal, including an error, abuse of discretion or a decision that is not supported by the evidence in the record. (1995 Code, § 10.20.020) (Ord. 00-1854, passed - -2000) § 10.20.030 Effect of filing notice of appeal.

The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. (1995 Code, § 10.20.030) (Ord. 00-1854, passed - -2000) § 10.20.040 Public hearing continuation.

Upon receipt of an appeal in proper form by the City Clerk, a public hearing shall be scheduled within 45 days of the receipt of the appeal.
(1995 Code, § 10.20.040) (Ord. 00-1854, passed - -2000) § 10.20.050 Action of the appellate body.

The appellate body shall review the decision or interpretation of the Planning and Building Director or Planning Commission on the matter under appeal. A new public hearing shall be conducted and the appellate body’s decision may affirm, modify or reverse the previous decision or interpretation. At the discretion of the appellate body, a hearing may be continued. (1995 Code, § 10.20.050) (Ord. 00-1854, passed - -2000) § 10.20.060 Appeals by the Planning and Building Director.

The Planning Director may appeal decisions of the Planning Commission to the City Council if any of the following occurs:
(A) Where the action of the Planning Commission constitutes new policies for the city; (B) Where the action is contrary to established city policy; (C) Where the action will have a significant fiscal impact on the city; (D) Where the action is not in compliance with the City Zoning or Subdivision titles; and (E) Where the action is inconsistent with the Tulare General Plan. (1995 Code, § 10.20.060) (Ord. 00-1854, passed - -2000)

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: August 2, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Consideration and possible approval of an ordinance adding a municipal code section regarding the trapping and spay/neuter of feral cats.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

Staff requested an amendment to the Municipal Code allowing for the trapping of feral cats in order to spay or neuter. This will prevent the population of feral cats from becoming a burden on the community. The amendment will allow Animal Control, or an authorized party, to trap feral cats and transport them to the Tulare Animal Services Facility to be spayed or neutered.

The feral cats will then be returned to the place they were originally trapped and released.

STAFF RECOMMENDATION:

Pass to print the attached ordinance.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Mario Zamora Title: City Attorney
Date: July 25, 2022 City Manager Approval: ____________ AGENDA ITEM: General Business 3
ORDINANCE 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
ADDING SECTION 6.12.390(C) OF THE CITY OF TULARE MUNICIPAL CODE WHEREAS, the City Council of the City of Tulare, a Charter city under California law, finds the need to revise Section 6.12.390(C) of the City of Tulare Municipal Code related to feral cats within the City; and
WHEREAS, the purpose of the revisions of this Ordinance is to add an additional location to the City’s current list of locations prohibiting camping.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TULARE, AS FOLLOWS, TO WIT:

SECTION 1. Section 6.12.390(C) of the City of Tulare Municipal Code is hereby revised as follows:
(C) In lieu of acting under divisions (A) and (B) above, the Manager of Animal Services may authorize the humane seizure of any cat at large by an animal control officer or private citizen for determination of whether it has been spayed or neutered and may authorize the submittal of the cat at large to Tulare Animal Services Facility to be neutered or spayed and vaccinated.

After being altered, the cat may then be released in the area where it was found at the discretion of the animal services division operating such spay/neuter and release program as a means to help control the community cat population. Acting under the authority of this section shall be at the discretion of the Manager of Animal Services.

SECTION 2. This Ordinance shall go into full force and effect 30 days after publication.

PASSED, ADOPTED, AND APPROVED this XX day of XXXX, 2022.

President of the Council and ExOfficio Mayor of the City of Tulare ATTEST:

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Finance
For Council Meeting of: August 2, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Receive an update on the Council’s Travel and Community Improvement budgets for fiscal year 2022-2023.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

On June 21, 2022, the City Council approved the City of Tulare’s 2022/2023 operating budget.

The budget document held appropriations for all City departments and included an appropriated Travel – District and Community Improvement District budgets for fiscal year 2022/2023. The appropriations are listed below:
001-4010-2116 – Travel District 1: $2,500
001-4010-2117 – Community Improvement District 1: $2,500 001-4010-2216 – Travel District 2: $2,500
001-4010-2217 – Community Improvement District 2: $2,500 001-4010-2316 – Travel District 3: $2,500
001-4010-2317 – Community Improvement District 3: $2,500 001-4010-2416 – Travel District 4: $2,500
001-4010-2417 – Community Improvement District 4: $2,500 001-4010-2516 – Travel District 5: $2,500
001-4010-2517 – Community Improvement District 5: $2,500 Staff will keep City Council informed of expenses on these accounts on a quarterly basis and any adjustments will be brought back to Council during mid-year review.

STAFF RECOMMENDATION:

Receive the update and provide direction to staff.

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: General Business 4
Submitted by: J. Diego Ibanez Title: Chief Financial Officer Date: July 27, 2022 City Manager Approval: ____________

Tulare City CouncilAugust 2, 2022

Tulare City Council
August 2, 2022