Agenda packet — Tulare City Council, August 16, 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 16, 2022
6:30 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 16, 2022
City of Tulare Page 2
I. CALL TO ORDER CLOSED SESSION – 6:30 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 Real Property Negotiations - Government Code § 54956.8 Property: Northeast corner of Walnut Avenue and O Street (approx. 2 acres) Negotiating Parties: Mario Zamora, Marc Mondell, Manny Correa Under Negotiation: Price and terms of payment
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. 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.

X. 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.

XI. 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.

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

3. Approve the cancellation of the regular meeting of September 6, 2022. [Submitted by:

M. Hermann]
City Council Agenda August 16, 2022
City of Tulare Page 3

4. Adopt a resolution updating the City of Tulare’s Conflict of Interest Code. [Submitted by:

M. Hermann]

5. Adopt Ordinance 2022-11 adding Section 6.12.390(c) to the City of Tulare Municipal Code. [Submitted by: M. Zamora]

M. Mondell]

8. Adopt a resolution approving the revised City of Tulare Boards, Commissions, and Committees Handbook. [Submitted by: M. Hermann]

12. Authorize the City Manager to execute an Agreement for Transfer of Reimbursement Rights and Partial Satisfaction of Settlement Agreement and Mutual Release. [Submitted by: M. Miller]
XII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) XIII. 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.

T. Myers]
City Council Agenda August 16, 2022
City of Tulare Page 4
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. Select Voting Delegate and alternate for League of California Cities Annual Conference at the Annual Business Meeting on Friday, September 9, 2022, authorizing the City Clerk to execute the delegate form. [Submitted by: M. Hermann]

2. Receive staff report and discuss regulating the use self-service checkout machines at businesses in the City of Tulare. [Submitted by: J. McDonnell] XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) XVI. ADJOURN REGULAR MEETING
Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disabilityrelated modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

AFFIDAVIT OF POSTING
State of California }
County of Tulare } ss.

City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Thursday, August 11, 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 16, 2022 Agenda Memo
Date: August 11, 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 – 6:30 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. 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, Tulare City Council Page 2
Agenda Memo – August 16, 2022
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.

X. COMMUNICATIONS - [Time Estimate: 7:10-7:15 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.

XI. CONSENT CALENDAR - [Time Estimate: 7:15-7:20 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 August 2, 2022, regular meeting. [Submitted by: M.

Hermann] The minutes of the August 2, 2022, regular meeting are submitted for Council approval. Staff recommends Council approve as presented.

3. Approve the cancellation of the regular meeting of September 6, 2022. [Submitted by: M. Hermann] Staff requests Council consider and approve the cancellation of the September 6, 2022, regular meeting. This meeting is scheduled the same week as the League of Cities Annual Conference and immediately follows a City-observed holiday.

In consideration for those traveling to Long Beach to attend the Annual Conference, Council may choose to cancel this regular meeting and may call a special meeting prior to the next regularly scheduled meeting (September 20) if necessary. Staff recommends Council approve the cancellation of the regular meeting of September 6, 2022.

4. Adopt a resolution updating the City of Tulare’s Conflict of Interest Code. [Submitted by: M. Hermann] The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells the public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

An amended conflict of interest code has been prepared with changes in the City’s designated positions and disclosure categories, reflecting recent classification changes, deletions or additions that may have decision making authority or influence in recommendations for contracts for the purchase of goods and/or services. Staff recommends Council adopt a resolution updating the City of Tulare’s Conflict of Interest Code.

5. Adopt Ordinance 2022-11 adding Section 6.12.390(c) to the City of Tulare Municipal Code. [Submitted by: M. Zamora] At the August 2, 2022, regular meeting, an ordinance was introduced for consideration in adding a section to the Municipal Code to add an additional option for Animal Services related seizures of feral cats. Staff Tulare City Council Page 3
Agenda Memo – August 16, 2022
requests that Council adopt the ordinance. Staff recommends Council adopt Ordinance 2022-11.

6. At the request of Vice Mayor Sayre, appoint City Manager Marc Mondell as the City’s representative on the Tulare County Economic Development Corporation Board of Directors. [Submitted by: M. Mondell] Historically, members of Council are selected to serve at the City’s representative on the Tulare County Economic Development Corporation (TCEDC) Board of Directors, one as the primary and one as the alternate. Vice Mayor Sayre currently serves as the primary and Council Member Harrell serves as the alternate.

Vice Mayor Sayre has expressed her desire to have the City Manager replace her as the primary. The TCEDC confirmed this would be acceptable. Staff recommends Council appoint City Manager Marc Mondell as the City’s representative on the Tulare County Economic Development Corporation Board of Directors.

7. Adopt a resolution amending the City’s Non-Utility Position Control Budget and Salary Schedule to reflect the positional and salary adjustments necessary to implement an organizational restructuring in Community and Economic Development. [Submitted by: M. Mondell] In April 2022, Council approved an organizational restructuring in the City. At that time, it was outlined that as projects are completed or as circumstances within or outside the organization change, so may the organizational chart. After careful consideration, a change to the City’s organizational structure in the Community and Economic Development Department is warranted to allow for a greater focus on Economic Development and Redevelopment. The purpose of this staff report is to describe the strategy behind the recommended organizational changes and request Council approval of the positional and salary changes associated with them.

Currently, the City’s Community and Economic Development Director is responsible for economic development, planning, building, housing, and the permitting process at the front counter. In concert with Council goals and the renewed efforts focusing on economic development, the City needs a department head dedicated to those efforts and the City Manager proposes a new organizational structure that will expand the ability to focus on economic development and redevelopment, separate from community development services. Separating the functions of economic development from community development functions will strengthen and enhance all of these services. It is recommended that Traci Myers be reclassified as the Executive Director of Economic Development and Redevelopment dedicated solely on economic and redevelopment efforts.

This new organizational structure will allow for more concentration on the City’s economic development initiatives and provide for the individual responsible for economic development to work more closely with the City Manager – a factor that staff has noted is important to prospective businesses considering relocating to the City.

Staff recommends Council adopt a resolution amending the City’s Non-Utility Position Control Budget and Salary Schedule to reflect the positional and salary Tulare City Council Page 4
Agenda Memo – August 16, 2022
adjustments necessary to implement an organizational restructuring in Community and Economic Development.

8. Adopt a resolution approving the revised City of Tulare Boards, Commissions, and Committees Handbook. [Submitted by: M. Hermann] Following the August 2, 2022 Council meeting, staff revised the City of Tulare Boards, Commissions, and Committees Handbook to reflect the changes directed by Council, specifically the change in residency requirements and appointment process for the Aviation Committee and Commission on Aging along with other minor revisions. The following revisions were made to the handbook:
• New cover page
• Updated Welcome/Introduction page
• Removed description of each department; added the current organizational chart • Updated Library Board description to include verbiage from Education Code § 18910
• Updated appointment process for Committee on Aging to state members are appointed by the City Council Members, by seat.
• Updated appointment process for Aviation Committee to include the following:

The membership shall be made up of one Planning Commissioner (appointed by the Planning Commission), one airport lease holder, and three additional members. All members with the exception of the member appointed from the Planning Commission are appointed by the mayor and confirmed by the majority of the Council.
• Updated the Qualifications section for updated residency requirements.

The handbook will replace the previously approved Rules and Regulations for the Aviation Committee and Committee on Aging which were adopted by minute order in 1972. These committees should follow the handbook as it covers what was laid out in the Rules and Regulations. The Rules and Regulations are attached for reference. Staff recommends Council adopt a resolution approving the revised City of Tulare Boards, Commissions, and Committees Handbook.

9. Authorize the Mayor to execute an agreement with the County of Tulare for reimbursement of construction costs attributable to City utilities for a roadway rehabilitation project on Road 96 (Pratt Street). [Submitted by: M. Miller] The County of Tulare is the lead agency for a roadway rehabilitation project on Road 96 (Pratt Street) from Avenue 160 to Avenue 208. The City of Tulare has both water and Body Residency Requirement
Aviation Committee Sphere of Influence
Board of Public Utilities City Limits
Committee on Aging City Limits
Measure I Citizen Oversight Committee City Limits
Library Board City Limits
Parks and Recreation Commission Sphere of Influence
Planning Commission Sphere of Influence
Police Department Citizen Complaint Review Board City Limits Tulare City Council Page 5
Agenda Memo – August 16, 2022
sewer improvements located within easements in this segment of County roadway. As part of the roadway rehabilitation work, it will be necessary for the County’s contractor to lower water valve boxes and sewer manholes to allow for the roadway reconstruction, and then raise them back to finish grade once paving operations have been completed.

Through the attached “Agreement for Reimbursement”, the City agrees to reimburse the County of Tulare for construction costs associated with the City’s water and sewer facilities affected by the roadway rehabilitation project. The work performed by the County’s contractor would be included in the 1-year warranty provided for the project, guaranteeing repair of any defective work performed on the City’s facilities. Staff recommends Council authorize the Mayor to execute an agreement with the County of Tulare for reimbursement of construction costs attributable to City utilities for a roadway rehabilitation project on Road 96 (Pratt Street).

10. Authorize City Manager or designee to sign 2022/2023 Contract with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide meals and services to the senior citizens in the community and immediate area. [Submitted by: J. Glick] This agreement is a renewal of the long-standing contract the City of Tulare has had with the Kings/Tulare Area on Aging to provide congregate meals and home-delivered meals to the senior citizens that live within the community.

The Agreement shall become in effect July 1, 2022 and shall terminate June 30, 2023.

K/TAAA will pay the City of Tulare the amount not to exceed $264,468 for services to be rendered. Staff recommends Council authorize the City Manager or designee to sign the agreement between City of Tulare and K/TAAA for the senior center to provide meals for the senior citizens in our community.

11. Consideration and possible approval the two term sheets between the City of Tulare and the Tulare Police Officers Union (TPOU) and the Tulare Police Management Group (TPMG). [Submitted by: J. Avila] Staff has been in negotiations with the Tulare Police Officers Union and the Tulare Police Management Group and has reached an agreement with the attached terms. This includes a term until June 30, 2024, salary increase of 4.5% retroactive to July 2022 and 3.5% in July 2023, an increase in bilingual pay and additional salary increases for years of service according to the attached term sheets.

Both TPOU and TPMG have already approved both of the terms on the attached term sheets. Approval by Council will be the final action on these matters.

Following approval, existing memoranda of understanding will be revised to reflect the changes and executed by the City and TPOU and TPMG. Staff recommends Council approve the two term sheets between the City of Tulare and the Tulare Police Officers Union (TPOU) and the Tulare Police Management Group (TPMG).

12. Authorize the City Manager to execute an Agreement for Transfer of Reimbursement Rights and Partial Satisfaction of Settlement Agreement and Mutual Release. [Submitted by: M. Miller] As part of development of The Greens At Oak Creek subdivision, the Oak Creek Nos. 2 thru 4 multi-family projects, and the future development of commercial property at the corner of Seminole Avenue and Mooney Tulare City Council Page 6
Agenda Memo – August 16, 2022
Boulevard (State Route 63), Quest Equity, LLC has completed construction of required street improvements to Mooney Boulevard south of Seminole Avenue. A portion of these improvements have been determined by the City Engineer to be of supplemental size and capacity or are components of the City’s Development Impact Fee Program, including the following components:
• Roadway construction on Mooney Boulevard associated with the lengthening of the right-turn lane for Seminole Avenue, and paveout across the City storm drain retention basin located on the east side of Mooney Boulevard south of Seminole Avenue,
• Construction of median improvements in Mooney Boulevard, • Construction of storm drainage collection facilities for Mooney Boulevard, • Adjustment of City sanitary sewer manholes required for roadway construction, • Relocation of existing Caltrans vaults and pull boxes required by lengthening of the right-turn lane at Seminole Avenue, and
Installation of street lighting along Mooney Boulevard.

The costs associated with improvements listed above that are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code total $493,993.23.

On July 12, 2022, City Council approved a settlement agreement with Del Lago Place, LLC, Great Valley Builders, Inc., Hidden Oak Development Company, Inc. and International Fidelity Insurance Company for their default on completing bonded improvements associated with the Tesori and Bella Oaks subdivisions. Mr. Greg Nunley was a partner in Del Lago Place, LLC and Great Valley Builders, Inc., and as such was assessed a portion of the damages awarded to the City of Tulare through the settlement agreement. Mr. Nunley’s share of the damages owed to the City is $400,000.

As a member of Quest Equity, LLC, Mr. Nunley has indicated a willingness to forego receiving oversize construction reimbursement for the street improvements completed by the Oak Creek development project in lieu of paying his portion of the aforementioned settlement agreement. Such an arrangement would favor the City in the amount of $93,993.23 plus whatever interest might accrue during the time it would take the City to complete its reimbursement to Quest Equity, LLC. Based upon the current balance in the City’s development impact fee fund for street improvements, and the fact that there are other projects currently in line for reimbursement ahead of the Oak Creek project, the interest savings to the City is estimated at $26,000. Staff recommends Council authorize the City Manager to execute an Agreement for Transfer of Reimbursement Rights and Partial Satisfaction of Settlement Agreement and Mutual Release.

XII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(3) [Time Estimate:
7:20-7:30 p.m.]
Tulare City Council Page 7
Agenda Memo – August 16, 2022
XIII. 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. Pass to print an ordinance to revise Section 9.48.060 of Tulare Municipal Code Title 9 to allow for an exemption to large vehicles under contract with the Tulare Police Department’s Tow Service Agreement or a Tow Service Agreement with any other public agency to park service vehicles in residential districts between the hours of 6:00pm and 6:00am while in rotation for services under said Agreement. [Submitted by: T. Myers] [Time Estimate: 7:30-7:45 p.m.] On June 21, 2022, staff presented an item to City Council for discussion and direction to staff on the modification of the City’s Municipal Code as it relates to the parking of large commercial vehicles in residentially zoned districts. Following discussion, Council voted unanimously to direct staff to return to Council with draft language to address the exemption for large commercial vehicles, specifically tow trucks, to park in residential areas while in rotation with the Tulare Police Department or other public agency under a Tow Service Agreement.

Staff presented proposed language to Council on July 12, 2022, which Council approved. That language is contained in the attached Ordinance as follows:

Section 9.48.060 – Exceptions- of the Tulare Municipal Code Title 9 is hereby revised as follows:

This chapter shall not apply to any vehicle of the Tulare Police or Fire Department, large commercial vehicles under contract with the Tulare Police Department’s Tow Service Agreement or Tow Service Agreement with any other public agency, or to vehicles of any regularly licensed physician when actually engaged in making professional calls. Large commercial vehicles under contract with the Tulare Police Department’s Tow Service or Tow Service Agreement with any other agency shall be allowed to park in residential areas from 6:00pm to 6:00am only and shall be parked in a matter so to not impede traffic line of sight or parked so as to not create a traffic hazard as determined by the Chief of Police in consultation with the City Engineer.

Staff recommends Council pass to print an ordinance to revise Section 9.48.060 of Tulare Municipal Code Title 9 to allow for an exemption to large vehicles under contract with the Tulare Police Department’s Tow Service Agreement or a Tow Service Agreement with any other public agency to park service vehicles in residential districts between the hours of 6:00pm and 6:00am while in rotation for services under said Agreement.

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. Select Voting Delegate and alternate for League of California Cities Annual Conference at the Annual Business Meeting on Friday, September 9, 2022, Tulare City Council Page 8
Agenda Memo – August 16, 2022
authorizing the City Clerk to execute the delegate form. [Submitted by: M.

Hermann] [Time Estimate: 7:45-8:00 p.m.] The Annual League Conference is scheduled for September 7-9, 2022, in Long Beach. Mayor Mederos and Vice Mayor Sayre are attending.

In order to vote on resolutions and/or other matters during the Annual Business Meeting on Friday, September 9, the Council must designate a voting delegate. The Council may also appoint up to two alternate voting delegates. The League of California Cities advises Council action by August 31, 2021.

This year, the League of California Cities did not receive resolutions to be considered at the Annual Conference; however, there will be an amendment to Cal Cities bylaws to be considered and voted on during the business meeting. A petitioned resolution can still be submitted during the Annual Conference and would need to be considered and voted on during the business meeting. Staff recommends Council select Voting Delegate and alternate for League of California Cities Annual Conference at the Annual Business Meeting on Friday, September 9, 2022, authorizing the City Clerk to execute the delegate form.

2. Receive staff report and discuss regulating the use self-service checkout machines at businesses in the City of Tulare. [Submitted by: J. McDonnell] [Time Estimate: 8:00-8:30 p.m.] In response to previous Council direction, the following staff report is offered regarding the use of self-service checkout machines. A number of businesses in the City of Tulare, including Walmart, Lowes, and restaurants such as Taco Bell, utilize self-service checkout machines, which typically reduce the number of human interactions associated with purchasing a good or service.

Supporters of self-service checkout machines note the following benefits associated with their use:

Quicker Checkout – Studies have shown that self-service checkout machines reduce the wait time to complete a customer’s purchases
Reduced Labor Costs - Since there’s no need for a cashier at every register, selfcheckout reportedly reduces labor costs. One employee can easily monitor multiple selfservice registers at a single time. Labor reduction and job loss is a major point of contention in the U.S. However, several analysts point out that cashiers aren’t necessarily fired over self-checkout, but rather redeployed to different job functions.

Some Customers Prefer Self-Checkout - As Consumer Reports notes, customers generally like self-checkout due to the perceived time savings. Millennials are particularly comfortable with self-checkout, with over 91 percent of people aged 35 or younger having used it.

Although some customers complain about self-service checkout, overall consumers appear to be accepting of the technology. However, there are cons associated with the use of self-service checkout machines, as noted below
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Agenda Memo – August 16, 2022
Increased Risk of Theft - Since there are fewer employees monitoring self-service lanes, theft is a greater risk, resulting in a need to increase security staffing and technology.

High Up-Front Costs - A study by the Massachusetts Institute of Technology concluded that a typical four-lane self-service checkout setup costs $125,000. This doesn’t include the costs associated with added security mentioned above.

Less Human Contact - A major concern about self-checkout for both consumers and business owners is the lack of human contact. Both Consumer Reports and NCR Corp. found that customers enjoyed the speed but the lack of human interaction was a problem. In NCR’s survey, 43 percent of respondents still wanted an attendant to be available to help resolve issues.

Customer Confusion and Equipment Issues - Although Millennials generally support self-service checkout, Generation X and Baby Boomers are much less inclined to support the technology. One may conclude that some member of older generations don’t want to do the legwork of ringing themselves out if there isn’t a savings in what they’re paying for the goods or services. Other customers may simply not understand the machines or need assistance completing their transactions.

In 2020, efforts were undertaken in the State of Oregon to pass a measure that would prohibit the use of self-service checkout machines statewide, but the measure failed to gather the signatures necessary to be placed on the ballot. Staff was unable to identify any jurisdictions that regulate the installation of self-service checkout machines, although it is assumed that some cities have previously done so. Staff recommends Council receive staff report and determine whether to provide staff with additional direction associated with regulating self-service checkout machines.

XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) [Time Estimate: 8:30- 8:45 p.m.]
XVI. ADJOURN REGULAR MEETING
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ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
August 2, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, August 2, 2022, at 6:45 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, Ken Wales, Jason Bowling, Melissa Hermann
I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:45 p.m.

There were no citizen comments.

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 Mayor Mederos adjourned to closed session at 6:46 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 7:00 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 7:00 p.m. 8483
A regular meeting of the City Council of the City of Tulare was held on Tuesday, August 2, 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, Fred Ynclan, Cameron Long, Janice Avila, Traci Myers, Diego Ibanez,
Michael Miller, Trisha Whitfield, Brian Beck, Mario Anaya, Nick Bartsch, Ken Wales, Jason Bowling, Melissa Hermann

VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:00 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and Council Member Isherwood led a moment of silence to honor the memory of Priscilla Musgrove.

IX. PROCLAMATIONS & RECOGNITIONS

1. Recognition of retired Police Chief Wes Hensley. Mayor Mederos recognized retired Police Chief Wes Hensley for his years of service.

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.

There were no citizen comments.

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

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

1. Authorization to read ordinances by title only.

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]
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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]

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]

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]

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]

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] Council Member Sigala pulled this item for clarification.

Questions by Council Member Sigala were responded to by staff. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) Council reported out on events attended and discussed items of interest. Mayor Mederos received Council consensus to seek staff assistance in resolving the issue of the size of the current DMV facility.

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] Chief Deputy City Clerk Melissa Hermann provided a report for Council review and consideration. Jason Bender provided comment regarding the need for education for members of certain boards, commissions, and committees. Following discussion, it was the consensus of Council to update the following:

Appointment Process: All board, commission, and committee appointment processes remain the same with the exception of the Aviation Committee and the 8485
Committee on Aging. The Aviation Committee shall be made up of one Planning Commissioner to be appointed by the Planning Commission, one airport lease holder, and three additional members appointed by the Mayor and confirmed by the Council. The Committee on Aging members shall be appointed by each seat of the Council.

Terms: The terms for all the boards, commissions, and committees shall remain the same.

Term Limits: No term limits set.

Residency Requirements: Members of the boards, commissions, and committees shall either have their principal place of residence within the city limits or in the sphere of influence as indicated below.

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] City Planner Mario Anaya provided a report for Council review and consideration. Following discussion, it was determined by the majority of Council (Mayor Mederos, Vice Mayor Sayre, and Council Member Isherwood) to have the appeal process remain as is.

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] City Attorney Mario Zamora provided a report for Council review and consideration. Michael Wells provided comment regarding the feral cat issue.

Following discussion, it was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried to pass to print the ordinance.

4. Receive an update on the Council’s Travel and Community Improvement budgets for fiscal year 2022-2023. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez provided a report for Council review. Council directed staff to bring back an item that shows the balance of last fiscal year’s budget for each Councilmember’s Travel and Community Improvement funds and use those balances to request a budget transfer into those funds for the current fiscal year. 8486
XV. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Harrell requested and received Council consensus for staff to prepare a proclamation for the Gong family who have operated Palace Food Depot for 80 years.

Council Member Sigala requested a future item to discuss issues surrounding parking and safety at the soccer facility. Staff made Council aware of efforts made to resolve this issue. There was not a consensus to bring this item back to Council for discussion.

XVI. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 9:35 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
8487
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CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Approve the cancellation of the regular meeting of September 6, 2022.

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

Staff requests Council consider and approve the cancellation of the September 6, 2022, regular meeting. This meeting is scheduled the same week as the League of Cities Annual Conference and immediately follows a City-observed holiday. In consideration for those traveling to Long Beach to attend the Annual Conference, Council may choose to cancel this regular meeting and may call a special meeting prior to the next regularly scheduled meeting (September 20) if necessary.

STAFF RECOMMENDATION:

Approve the cancellation of the regular meeting of September 6, 2022.

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: August 3, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 3

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution updating the City of Tulare’s Conflict of Interest Code.

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

The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells the public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

STAFF RECOMMENDATION:

Adopt a resolution updating the City of Tulare’s Conflict of Interest 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: Melissa Hermann Title: Chief Deputy City Clerk Date: July 27, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 4
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AMENDING THE CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS

AND DISCLOSURE CATEGORIES
WHEREAS, pursuant to California Government Code, Title 9 (Political Reform), Chapter 7 (Conflict of Interest), Article 3, Section 87300, every agency shall adopt and promulgate a conflict of interest code pursuant to the provisions of this article; and WHEREAS, each even-numbered year, every local agency which has adopted a conflict of interest code shall review its conflict of interest code and, if any change in its code is necessitated by changed circumstances, submit an amended conflict of interest code to the code reviewing body.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare, as follows, to wit:

Section 1. The City of Tulare’s Conflict of Interest Code is hereby amended to include the addition and/or deletion of certain designated positions and disclosure categories, as more specifically set forth in Exhibit A hereto attached.

PASSED, APPROVED, AND ADOPTED this 16th day of August, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022- Page 2
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of said city at a regular meeting held on August 16, 2022, by the following vote:

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022- Page 3

EXHIBIT A
City of Tulare Conflict of Interest Code
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs.

Sec. 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the FPPC to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to its duly adopted by the FPPC are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure requirements, shall constitute the conflict of interest code for the City of Tulare.

Individuals holding designated positions shall file their Statements of Economic Interests with the City of Tulare City Clerk’s Office, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the City.

Disclosure Categories
Category 1. Investment or interest in real property which is located in whole or in part within the city limits of Tulare or within two miles of the city limits, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property, if the fair market value of the interest is greater than $2,000.00 (report using Schedule B).

Interests in real property of an individual include a business entity’s share of interest in the real property of any business entity or trust in which the designated employee, his or her spouse or registered domestic partner, or dependent children, together or separately, has a 10% or greater ownership interest if pro rata share of the real property interest is $2,000 or more (report using Schedule A-2).

Form 700 Schedule C, D, and F as it applies to category.

Category 2. Investments in or income from any business entity which, within the last two years, has contracted, or in the future may foreseeably contract, with the City to provide services, supplies, materials, or equipment to the City.

Investments include: (1) any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership RESOLUTION 2022- Page 4
interest or other ownership interest; (2) a pro rata share of investments of any business entity or trust in which the designated employee or his or her spouse of dependent children, owns, directly, indirectly, or beneficially, a ten percent interest or greater.

Investment does not include: (1) a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government agency; (2) assets whose fair market value is less than $2,000.00.

Form 700 Schedule A if interest is 10% or greater.

Form 700 Schedule A-2 if pro rata share of the investment is $2,000 or more.

Form 700 Schedule A-1, A-2, and C if ownership is 10% or greater in a partnership or joint venture which owns rental property.

Form 700 Schedule C, D, and F as it applies to category.

Category 3. Investments in or income from business entities which are contractors or sub-contractors which are or have been within the previous two-year period engaged in the performance of building construction or design within the City. Investments include interest described in Category 2.

Category 4. Investments in or income from persons or business entities engaged in the acquisition or disposal of real property within the City. Investments include interest described in Category 2.

Designated Positions Disclosure Category
Accountant 2
Animal Services Manager 2
Associate Engineer 2
Assistant Finance Director 1,2,3,4
Assistant Public Works Director 1,2,3,4
Associate Planner 2
Building Inspector I/II 1,3,4
Chief Building Official 1,2,3,4
Chief Deputy City Clerk 2
Chief Technology Officer 1,2,3,4
City Engineer 1,2,3,4
City Planner 1,2,3,4
Community and Economic Development Director 1,2,3,4
Community Services Director 1,2,3,4
Computer System Analyst 1,2,3,4
Consultants* 1,2
Construction Coordinator 2
RESOLUTION 2022- Page 5
Designated Positions Disclosure Category
Deputy City Clerk/Records Coordinator 2
Deputy City Manager 1,2,3,4
Environmental Compliance Inspector 2
Facilities Maintenance and Airport Operations Manager 2 Facilities and Airport Maintenance Manager 2
Fire Captain 2
Fire Chief 1,2,3,4
Fire Division Chief 2
Fire Inspector I, II 2
Fire Marshall 2
Fleet Maintenance Superintendent 2
General Services Manager 2
Housing and Grants Specialist 2
Human Resources Director 1,2,3,4
Information Technology Manager 1,2,3,4
Librarian 2
Library Manager 2
Management Analyst 2
Operations Manager 1,2,3,4
Parks Maintenance Manager 2
Police Captain 1,2,3,4
Police Chief 1,2,3,4
Police Lieutenant 2
Police Sergeant 2
Police Records Manager 2
Principal Planner 2
Project Manager 2
Public Works Director 1,2,3,4
Public Works Inspector 1,2,3,4
Recreation Manager 2
Safety and Regulatory Compliance Analyst 2
Safety, Compliance and Facilities Officer 2
Safety Coordinator 2
Senior Civil Engineer 2
Senior Housing and Grants Specialist 2
Senior Management Analyst 2
Senior Planner 2
Senior Project Manager 2
Senior Services Administrator 2
RESOLUTION 2022- Page 6
Designated Positions Disclosure Category
Solid Waste Manager 2
Street Manager 2
Transit Coordinator 2
Utility/Purchasing/Revenue Officer 1,2,3,4
Wastewater Treatment Plant Manager 2
Wastewater Treatment Plant Superintendent 2
Water and Wastewater Utility Collections Manager 2
Boards, Commissions, Committees, and/or Agencies:

Board of Public Utilities 1,2,3,4
Library Board 2
Parks and Recreation Commission 2
* Consultant categories limited to any individual working for the city under contract who makes final government decisions and/or performs substantially all the same duties for the city that would otherwise be performed by an individual holding a position otherwise named in the list of covered positions of the City of Tulare.

Mandatory Filers pursuant to Government Code Section 87200 City Council 1,2,3,4
Planning Commissioners 1,2,3,4
City Manager 1,2,3,4
City Attorney 1,2,3,4
Chief Financial Officer (Finance Director/Treasurer) 1,2,3,4

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: August 16, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Adopt Ordinance 2022-11 adding Section 6.12.390(c) to the City of Tulare Municipal Code.

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

At the August 2, 2022, regular meeting, an ordinance was introduced for consideration in adding a section to the Municipal Code to add an additional option for Animal Services related seizures of feral cats. Staff requests that Council adopt the ordinance.

STAFF RECOMMENDATION:

Adopt Ordinance 2022-11 adding Section 6.12.390(c) to the City of Tulare Municipal 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 Zamora Title: City Attorney
Date: August 3, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 5
ORDINANCE 2022-11

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 option for Animal Services related seizures of feral cats.

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 16th day of August, 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: City Manager
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

At the request of Vice Mayor Sayre, appoint City Manager Marc Mondell as the City’s representative on the Tulare County Economic Development Corporation Board of Directors.

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

Historically, members of Council are selected to serve at the City’s representative on the Tulare County Economic Development Corporation (TCEDC) Board of Directors, one as the primary and one as the alternate. Vice Mayor Sayre currently serves as the primary and Council Member Harrell serves as the alternate.

Vice Mayor Sayre has expressed her desire to have the City Manager replace her as the primary. The TCEDC confirmed this would be acceptable.

STAFF RECOMMENDATION:

At the request of Vice Mayor Sayre, appoint City Manager Marc Mondell as the City’s representative on the Tulare County Economic Development Corporation Board of Directors.

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: Marc Mondell Title: City Manager
Date: August 4, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 6

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution amending the City’s Non-Utility Position Control Budget and Salary Schedule to reflect the positional and salary adjustments necessary to implement an organizational restructuring in Community and Economic Development.

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

In April 2022, Council approved an organizational restructuring in the City. At that time, it was outlined that as projects are completed or as circumstances within or outside the organization change, so may the organizational chart. After careful consideration, a change to the City’s organizational structure in the Community and Economic Development Department is warranted to allow for a greater focus on Economic Development and Redevelopment. The purpose of this staff report is to describe the strategy behind the recommended organizational changes and request Council approval of the positional and salary changes associated with them.

Separating the functions of economic development from community development functions will strengthen and enhance all of these services. It is recommended that Traci Myers be reclassified as the Executive Director of Economic Development and Redevelopment dedicated solely on economic and redevelopment efforts.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
AGENDA ITEM: Consent 7
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

Non-Departmental 001-4110-2017
Submitted by: Marc Mondell Title: City Manager
Date: August 1, 2022 City Manager Approval: ____________ RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AMENDING THE CITY’S NON-UTILITY POSITION CONTROL BUDGET AND

SALARY SCHEDULE
WHEREAS, the Position Control Budget (PCB) sets the authorized positions for the fiscal year; and
WHEREAS, staff has identified needed compensation adjustments, position deletions and additions, and classification changes to the PCB and to the City’s established salary schedule.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare, as follows, to wit:

Section 1. The following changes to the City’s Non-Utility Position Control Budget (PCB) and Salary Schedule are hereby adopted:
• Delete the allocation of one (1) Community and Economic Development Director; salary code 1042; $10,034.07 to
$12,196.49/mo.
• Add the allocation of one (1) Executive Director of Economic Development and Redevelopment; salary code; salary code 1045, $10,034.07 to $12,196.49/mo.
• Add the allocation of one (1) Community Development Director; salary code 1040, $11,391.02 to $13,845.84/mo.

PASSED, APPROVED, AND ADOPTED this 16th day of August, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022- Page 2
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution approving the revised City of Tulare Boards, Commissions, and Committees Handbook.

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

Following the August 2, 2022 Council meeting, staff revised the City of Tulare Boards, Commissions, and Committees Handbook to reflect the changes directed by Council, specifically the change in residency requirements and appointment process for the Aviation Committee and Commission on Aging along with other minor revisions. The following revisions were made to the handbook:
• New cover page
• Updated Welcome/Introduction page
• Removed description of each department; added the current organizational chart • Updated Library Board description to include verbiage from Education Code § 18910 • Updated appointment process for Committee on Aging to state members are appointed by the City Council Members, by seat.
• Updated appointment process for Aviation Committee to include the following: The membership shall be made up of one Planning Commissioner (appointed by the Planning Commission), one airport lease holder, and three additional members. All members with the exception of the member appointed from the Planning Commission are appointed by the mayor and confirmed by the majority of the Council. • Updated the Qualifications section for updated residency requirements.

The handbook will replace the previously approved Rules and Regulations for the Aviation Committee and Committee on Aging which were adopted by minute order in 1972. These Body Residency Requirement
Aviation Committee Sphere of Influence
Board of Public Utilities City Limits
Committee on Aging City Limits
Measure I Citizen Oversight Committee City Limits
Library Board City Limits
Parks and Recreation Commission Sphere of Influence
Planning Commission Sphere of Influence
Police Department Citizen Complaint Review Board City Limits AGENDA ITEM: Consent 8
committees should follow the handbook as it covers what was laid out in the Rules and Regulations. The Rules and Regulations are attached for reference.

STAFF RECOMMENDATION:

Adopt a resolution approving the revised City of Tulare Boards, Commissions, and Committees Handbook.

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: August 4, 2022 City Manager Approval: ____________

RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ADOPTING THE CITY OF TULARE BOARDS, COMMISSIONS, AND COMMITTEES

HANDBOOK
WHEREAS, the City of Tulare currently has eight boards, commissions, and committees which serve as advisory bodies to the City Council whose members are appointed by the City Council; and
WHEREAS, a handbook has been designed to serve as a reference for the basic protocols that apply generally to all City advisory bodies.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare, as follows, to wit:

Section 1. The City of Tulare Boards, Commissions, and Committees Handbook as presented in Exhibit A is hereby adopted.

Section 2. The Rules and Procedures for the City of Tulare Aviation Committee adopted by the City Council on January 18, 1972, are hereby repealed and replaced with the City of Tulare Boards, Commissions, and Committees Handbook as presented in Exhibit A.

Section 3. The Rules and Regulations for the City of Tulare Committee on Aging adopted by the City Council on June 6, 1972, are hereby repealed and replaced with the City of Tulare Boards, Commissions, and Committees Handbook as presented in Exhibit A.

PASSED, APPROVED, AND ADOPTED this 16th day of August, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022- Page 2
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022- Page 3
Exhibit A
See attached.

Page 0 ends

City of Tulare
Boards, Commissions, and Committees Handbook
Updated August 16, 2022

Page 1 ends

Table of Contents
Introduction ..................................................................................................................... 1 Chapter 1 – Structure of Government ............................................................................. 2 Charter City ................................................................................................................. 2 City Council ................................................................................................................. 2 City Manager ............................................................................................................... 2 City Clerk ..................................................................................................................... 3 City Attorney ................................................................................................................ 3 Departments ................................................................................................................ 3 Organizational Chart.................................................................................................... 3 Chapter 2 – Policies and Procedures.............................................................................. 5 Relationship to Council, Staff, and Media.................................................................... 5 Recommendations, Requests, and Reports ................................................................ 5 Council Referrals ......................................................................................................... 5 Public Appearance of Board, Commission, and Committee Members ........................ 5 Disbanding of Advisory Body....................................................................................... 6 Chapter 3 – Boards, Commission, and Committees ....................................................... 7 Terminology and Definitions ........................................................................................ 7 Board of Public Utilities Commissioners ...................................................................... 7 Planning Commission.................................................................................................. 7 Parks and Recreation Commission.............................................................................. 8 Library Board ............................................................................................................... 8 Committee on Aging .................................................................................................... 8 Aviation Committee...................................................................................................... 8 Police Department Citizen Complaint Review Board................................................... 8 Measure I Citizen Oversight Committee ...................................................................... 9 Chapter 4 – Meetings and Officers................................................................................ 10 Agendas, Notices, and Minutes ................................................................................. 10 Conduct of Meetings and Parliamentary Procedures................................................. 10 Meeting Locations and Dates .................................................................................... 11 Selection of Chair and Vice Chair.............................................................................. 11 Other Rules and Regulations..................................................................................... 11 Chapter 5 – Membership............................................................................................... 12 Appointments and Oaths ........................................................................................... 12

Page 2 ends

Application and Selection Process............................................................................. 12 Attendance ................................................................................................................ 12 Compensation ........................................................................................................... 13 Qualifications ............................................................................................................. 13 Reappointments, Resignations, and Removals ......................................................... 14 Term of Office............................................................................................................ 14 Vacancies, New Terms, and the Maddy Act .............................................................. 14 Chapter 6 – Legal Requirements .................................................................................. 15 Conflict of Interest...................................................................................................... 15 Ethics......................................................................................................................... 15 Open Meetings – The Brown Act............................................................................... 15 Public Records .......................................................................................................... 16 Discrimination and Equal Protection.......................................................................... 16 Due Process .............................................................................................................. 16 Reasonableness........................................................................................................ 16 Use of Public Property............................................................................................... 16

Page 1 ends

Introduction
There are close to 50 citizens who participate on boards, commissions, and committees to advise the City Council on issues facing Tulare. Boards, commissions, and committees (referred to collectively as “advisory bodies”) play a critical role in the City of Tulare. As a member of an advisory body, you serve as a conduit for citizen input to the City Council which has the final responsibility for making policy decisions. You will find your role requires time, effort, and sometimes lengthy meetings; however, it also provides an opportunity for you to participate in the decision-making process and help shape the future of Tulare. Serving on an advisory body can be a rewarding experience for those seeking to serve their community.

This handbook was thoughtfully prepared to introduce you to your role as an advisory body member and serve as a reference for the basic protocols that generally apply to all advisory bodies. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide advisory body members in their activities. This handbook will:
• Outline the role and function of the City’s boards, commissions, and committees; • Review important guidelines and expectations of appointed members; • Provide information about the history and composition of the City organization; and
• Provide members with information necessary to understand areas of responsibility for their respective board, commission, or committee, and their role in serving the City.

Although this handbook covers the important aspects of City government and advisory body activities, it cannot incorporate all information necessary for undertaking the business of advisory bodies. There are many other laws and documents that exist which bind the advisory bodies to certain courses of action and practices.

It is important that new members of advisory bodies fully understand all the services and programs provided by the City. For new members appointed to an advisory body, staff may provide an orientation and opportunities to tour facilities and provide background information on current issues.

Here is a quick summary of how City advisory bodies serve the democratic process in Tulare:
• Hold public meetings and use other means to gauge the community’s attitude about certain issues;
• Recommend policies and procedures related to their respective fields to the City Council;
• Serve as intermediary between the public, City staff, and the City Council by providing information, explanation, and support for different points of view; and • Make, in certain cases, decisions for the City.

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Chapter 1 – Structure of Government
Charter City
Within California, there are two types of cities: general law and charter. A general law city has the authority to act locally, but its acts must be consistent with the California Constitution, state statutes, and state administrative regulations. A charter city allows a greater degree of local control that that provided by the California Legislature. Becoming a charter city allows voters to determine how their city government is organized and, with respect to municipal affairs, enact legislation different that that adopted by the state. Charter cities are not subject to many of the planning and zoning statutes promulgated by the State thus having broader powers to enact land-use regulations and other rules-of-process than do general law cities.

Tulare was incorporated in 1888, and in 1923, voters approved the city charter making Tulare a charter city. The charter can be accessed along with the Tulare Municipal Code on the city’s website at www.tulare.ca.gov.

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. Among the members, the Council selects a Mayor and Vice Mayor to serve in the capacity for two years. The Mayor is the presiding officer of the Council and the official spokesperson and ceremonial representative of the City.

Members of the Council are elected by district, but representing the city’s interests as a whole, and serve staggering four-year terms (Districts 1, 3, and 5 same election; Districts 2 and 4 same election). The City Council appoints the City Manager, City Clerk, and City Attorney who serve at the pleasure of the Council.

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 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.

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City Clerk
The City Clerk is the local official who administers democratic processes such as elections, access to city records, and all legislative actions ensuring transparency to the public. The City Clerk acts as a compliance officer for federal, State, and local statutes including the Political Reform Act, the Brown Act, and the Public Records Act. The City Clerk manages public inquiries and relationships and arranges for ceremonial and official functions.

The City Clerk’s Office is responsible for compiling and maintaining original City records, including a record of all of the proceedings of the City Council. Other duties assigned include compiling and maintaining central files, legislative history, ordinances and resolutions, and serving as a liaison between the public and the City Council. The City Clerk provides easy access to information and serves as a guide to open participation in the decision- and policy-making process.

City Attorney
The City Attorney serves as legal advisor of the Council, 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.

Organizational Chart
The organizational chart is provided on the next page. As changes occur in the organizational structure, this document will be updated.

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Chapter 2 – 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 advice 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 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 the 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, the general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature. Additional 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 the 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 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, nonrepresentative 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

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matter on 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 a majority vote of the City Council.

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Chapter 3 – Boards, Commission, and Committees
Terminology and Definitions
Typically, boards and commissions are formed by Ordinance or 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 or Charter generally require an amendment to the municipal code or the Charter by the electorate.

The following terms and definitions are applied to boards, commissions, and committees in general:

Ad Hoc Committee – Committees established for a specific purpose and a defined period. 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 functions. 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 Commissioners
The Board of Public Utilities Commissioners (BPU) was established by the 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 Section 52 of the Charter, the five members are appointed by the Mayor and confirmed by the City Council to serve fouryear terms. The Board meets at 4:00 p.m. on the first and third Thursday of each month.

Meetings are held in the Council Chamber.

Planning Commission
The Planning Commission was established by the City Charter and governed and maintained under and pursuant to the provisions of the general laws of the State. The Commission 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

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serving a four-year term. The Planning Commission meets at 7:00 p.m. on the second and fourth Monday of each month. Meetings are held in the Council Chamber.

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 and 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 a majority vote of the membership of the Council. Members serve fouryear terms. The Commission meets at 6:30 a.m. on the second Tuesday of each month at the Claude Meitzenheimer Community Center.

Library Board
The Library Board was established pursuant to California Education Code § 18910 which states that a public library shall be managed by a board of library trustees, consisting of five members, to be appointed by the mayor with the consent of the Council. The Board advises staff and Council on all matters relating to library services.

Members serve three-year terms. The Board meets at 4:00 p.m. on the third Wednesday of each month at the Tulare Public Library.

Committee on Aging
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. Members are appointed by the City Council Members, by seat. 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.

Aviation Committee
The Aviation Committee is a five-member committee established by the Council pursuant to Minute Action on July 6, 1971. The membership shall be made up of one Planning Commissioner (appointed by the Planning Commission), one airport lease holder, and three additional members. All members with the exception of the member appointed from the Planning Commission are appointed by the mayor and confirmed by the majority of the 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. Members serve four-year terms. The Committee meets 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

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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 of the approval by the remainder of the Council, and two appointed atlarge to serve two-year terms. An eighth, non-voting member is selected by the Police Officers Union to sit on the Board. The Board meets at 5:30 p.m. on the second Tuesday of the month at City Hall.

Measure I Citizen Oversight Committee
The Measure I Citizen Oversight Committee, pursuant to ballot language, Resolution 05-5261, and by guidelines approved on 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.

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Chapter 4 – 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, canceled, 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 of the advisory body or a staff member if a secretary is not appointed. Minutes should include a 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 per 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.

Conduct of Meetings and Parliamentary Procedures
Unless otherwise specified by State law or City regulations, the conduct of all meetings shall generally follow basic parliamentary procedures, similar to Rosenberg’s Rules of

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Order, but not exclusive thereto. A majority of members shall constitute a quorum and a quorum must be seated before a meeting is called and 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 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, Ordinance, 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.

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Chapter 5 – 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 the appointment is otherwise described. Before taking office, all members must complete an Oath of Office as required by the City Charter. All oaths are administered by the City Clerk or 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 four weeks from the date the vacancy occurs. If there is more than one concurrent vacancy, 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 as well as the City’s website. Applications are kept on file for two years. The City Clerk shall notify members whose terms are about to expire and 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 for the applications to be reviewed 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
The provisions listed below shall apply to all advisory bodies.

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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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 shall serve without compensation unless specifically provided for in the City Charter for their services.

Qualifications
Unless stated otherwise in the advisory body’s bylaws, by statute, or provided for by the Council, City Charter, or Code, all members shall maintain their principal place of residence either within the sphere of influence of the City of Tulare or within the city limits in the City of Tulare(see table below for specific requirements) at the time of their appointment and throughout the term of service.

Body Residency Requirement
Aviation Committee Sphere of Influence
Board of Public Utilities City Limits
Committee on Aging City Limits
Measure I Citizen Oversight Committee City Limits
Library Board City Limits
Parks and Recreation Commission Sphere of Influence
Planning Commission Sphere of Influence
Police Department Citizen Complaint Review Board City Limits If at any time during their term any member shall cease to maintain their principal place of residence in the City of Tulare, that member shall become ineligible to continue to serve as a member of the board, commission, or committee and said position shall be declared vacant by the City Council.

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.

No board, commission, or committee member shall hold any paid position for the City of Tulare unless stated otherwise in their bylaws.

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Reappointments, Resignations, and Removals
Incumbents seeking reappointment are required to notify 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
With the exception of the Police Department Citizen Complaint Review Board where members serve two-year terms and the Library Board where members serve three-year terms, the term of office for members of Council appointed advisory bodies is four years. The term of office for all members other than the Library Board expires on December 31 where Library Board terms expire on June 30. 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, so 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. Whenever an unscheduled vacancy occurs in any advisory body, a special vacancy notice is posted in the City Clerk’s Office, City Hall kiosk, Tulare Public Library, and City website no earlier than 20 days before and no later than 20 days after the vacancy occurs. Appointment shall not be made for at least ten working days after posting of the notice pursuant to Government Code 54974.

Seats on the advisory bodies 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 whose terms will be expiring in the succeeding year shall be prepared by the City Clerk and posted on the City’s website as well as made available to the public upon request (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.

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Chapter 6 – Legal Requirements
Certain limitations have been placed upon the powers of both the City Council and its appointed boards, commissions, and committees 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 the date of appointment 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 as well as on the City’s website.

Ethics
Effective January 1, 2006, State law (AB 1234) requires local officials who receive compensation, salary, stipends, or expense reimbursements complete 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/. The certificate of completion must be provided 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:
"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 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

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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 ensure 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 Public Records 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 meeting minutes and supporting documents are public records and are 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 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.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the Mayor to execute an agreement with the County of Tulare for reimbursement of construction costs attributable to City utilities for a roadway rehabilitation project on Road 96 (Pratt Street).

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

The County of Tulare is the lead agency for a roadway rehabilitation project on Road 96 (Pratt Street) from Avenue 160 to Avenue 208. The City of Tulare has both water and sewer improvements located within easements in this segment of County roadway. As part of the roadway rehabilitation work, it will be necessary for the County’s contractor to lower water valve boxes and sewer manholes to allow for the roadway reconstruction, and then raise them back to finish grade once paving operations have been completed.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The attached agreement has been reviewed and approved as to form by the City Attorney.

IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:
610 – Water CIP – TBD
615 – Sewer Wastewater CIP – TBD
Submitted by: Michael Miller Title: City Engineer
Date: August 8, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 9
Tulare County Agreement No. __________________

AGREEMENT FOR REIMBURSEMENT
This Agreement ("AGREEMENT") is made and entered into this _________ day of ________________, 2022 by and between the COUNTY OF TULARE (hereinafter referred to as “COUNTY”), and the CITY OF TULARE (hereinafter referred to as “CITY”). An individual signatory agency in this AGREEMENT is referred to as “PARTY.” Collectively, the signatory agencies in this AGREEMENT are referred to as “PARTIES.”

RECITALS
WHEREAS, the COUNTY is the lead agency on the 2022 Road Repair and Accountability Act (RRAA) Project 2 which includes road rehabilitation improvements along Road 96 from Avenue 160 to Avenue 208, Avenue 128 from State Route 65 to Road 252, Road 208 from Avenue 96 to Avenue 128, intersection improvement at Avenue 96 and Road 176, intersection improvements at Avenue 8 and Road 168, and intersection improvements at Avenue 200 and Road 188 (hereinafter collectively referred to as “PROJECT”); and WHEREAS, the PROJECT is scheduled for construction in fiscal year 2022/2023; and WHEREAS, COUNTY has determined that CITY is the owner of water valve boxes and sanitary sewer manholes identified to be in conflict with the PROJECT’s Road 96 location; and WHEREAS, COUNTY has provided proper notification to CITY for the relocation of water valve boxes and sanitary sewer manholes found to be in conflict with the PROJECT; WHEREAS, the CITY has accepted liability and has agreed to the adjustment of water valve boxes and sanitary sewer manholes identified to be in conflict with the PROJECT; and WHEREAS, COUNTY is willing, to adjust CITY’s water valve boxes and sanitary sewer manholes as part of the PROJECT;
WHEREAS, the CITY agrees to pay the full cost for all work involved in adjusting water valve boxes and sanitary sewer manholes to grade at the Road 96 location; and WHEREAS, this AGREEMENT provides the framework for the collaboration between COUNTY and CITY by defining the terms and conditions under which adjustment of existing water valve boxes and sanitary sewer manholes found to be in conflict with the PROJECT will be handled; and
WHEREAS, PARTIES are authorized to enter into this AGREEMENT per California Government Code section 23004, et seq., and the California Streets and Highways Code sections 1685 and 1803.

Tulare County Agreement No. __________________
NOW, THEREFORE, it is mutually understood and agreed by PARTIES as follows:

1. CITY hereby agrees to reimburse the COUNTY for all adjustment of existing water valve boxes and existing sanitary sewer manholes to match the grade of the reconstructed road found to be in conflict with the Road 96 project location, and as shown on the attached Utility Conflict Map (Exhibit A), in an amount not to exceed $40,000 (Forty thousand dollars), work scheduled for construction in fiscal year 2022/2023.

2. Upon PROJECT completion, the COUNTY shall invoice the CITY within six (6) months from the recorded Notice of Completion date for the improvements. The CITY shall pay the COUNTY within ninety (90) days of the invoice date.

3. Upon approval of the Notice of Completion by COUNTY Board of Supervisors, the warranty period of one (1) year begins. CITY hereby agrees that all work completed as part of this PROJECT is subject to the above warranty period. If there is a defect in such work, the COUNTY, on behalf of the CITY, will cause the contractor that performed the adjustment services to undertake necessary corrective action.

4. CITY agrees that no authorization, oversight, input or requirement other than the authority conferred by this AGREEMENT shall be necessary from the COUNTY.

5. This AGREEMENT shall terminate upon acceptance of final payment by COUNTY for the PROJECT, unless the PARTIES agree through an amendment to this AGREEMENT to an extension of time.

6. Neither COUNTY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and save harmless COUNTY and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this AGREEMENT.

Tulare County Agreement No. __________________

7. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and save harmless CITY and its officers and employees from all claims, suits, or actions of every name, kind and description brought for or on account of injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this AGREEMENT.

8. COUNTY shall maintain complete and accurate records with respect to all work authorized by this AGREEMENT.

9. This AGREEMENT represents the entire AGREEMENT between CITY and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.

10. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:

COUNTY: RMA Director:

Government Plaza
5961 S Mooney Blvd
Visalia, CA 93277
(Fax No.: (559) 730-2653 / Phone No. (559) 624-7000)
CITY: City Manager:
401 E. Kern Avenue
Tulare, CA 93274
(Fax No.:(559) 685-2398 / Phone No.:(559) 684-4200)
Notice delivered personally or sent by facsimile transmission is deemed to be received upon receipt. Notice sent by first class mail shall be deemed received on the fourth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

Tulare County Agreement No. __________________

11. This AGREEMENT reflects the contributions of both parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any uncertainty.

12. Unless specifically set forth, the parties to this AGREEMENT do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

13. This AGREEMENT shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. Any litigation arising out of this AGREEMENT shall be brought in Tulare County, California. CITY waives the removal provisions of California Code of Civil Procedure Section 394.

14. The failure of either party to insist on strict compliance with any provision of this AGREEMENT shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the AGREEMENT by the other party.

15. The Recitals and the Exhibits to this AGREEMENT are fully incorporated into and are integral parts of this AGREEMENT.

16. This AGREEMENT is subject to all applicable laws and regulations. If any provision of this AGREEMENT is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the AGREEMENT to either party is lost, the AGREEMENT may be terminated at the option of the affected party. In all other cases the remainder of the AGREEMENT shall continue in full force and effect.

Tulare County Agreement No. __________________

17. Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to effect the purposes of this AGREEMENT.

18. COUNTY expressly agrees that it will not discriminate in employment or in the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.

19. This AGREEMENT becomes effective when executed by both parties.

THE PARTIES, having read and considered the above provisions, indicate their AGREEMENT by their authorized signatures below.

Tulare County Agreement No. __________________
IN WITNESS WHEREOF, the undersigned PARTIES have executed this AGREEMENT on the day and year first written above:

CITY OF TULARE
Date_______________ By__________________________________ Dennis A. Mederos
City Mayor
ATTEST: Melissa Hermann
Chief Deputy City Clerk
of the City of Tulare
By__________________________________

Approved as to Form:

City Attorney
By__________________________________

COUNTY OF TULARE
Date_______________ By__________________________________ Chair, Board of Supervisors
ATTEST: JASON T. BRITT
County Administrative Officer/Clerk of the Board
of Supervisors of the County of Tulare
By__________________________________
Deputy Clerk
Approved as to Form:

County Counsel
By__________________________________
Deputy

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community Services - Senior Services For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize City Manager or designee to sign 2022/2023 Contract with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide meals and services to the senior citizens in the community and immediate area.

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

This agreement is a renewal of the long-standing contract the City of Tulare has had with the Kings/Tulare Area on Aging to provide congregate meals and home-delivered meals to the senior citizens that live within the community.

The Agreement shall become in effect July 1, 2022 and shall terminate June 30, 2023. K/TAAA will pay the City of Tulare the amount not to exceed $264,468 for services to be rendered.

STAFF RECOMMENDATION:

Authorize City Manager or designee to sign the agreement between City of Tulare and K/TAAA for the senior center to provide meals for the senior citizens in our community.

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: Jason Glick Title: Community Services Director Date: August 9, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 10

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Consideration and possible approval the two term sheets between the City of Tulare and the Tulare Police Officers Union (TPOU) and the Tulare Police Management Group (TPMG).

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

Staff has been in negotiations with the Tulare Police Officers Union and the Tulare Police Management Group and has reached an agreement with the attached terms. This includes a term until June 30, 2024, salary increase of 4.5% retroactive to July 2022 and 3.5% in July 2023, an increase in bilingual pay and additional salary increases for years of service according to the attached term sheets.

Both TPOU and TPMG have already approved both of the terms on the attached term sheets.

Approval by Council will be the final action on these matters.

Following approval, existing memoranda of understanding will be revised to reflect the changes and executed by the City and TPOU and TPMG.

STAFF RECOMMENDATION:

Consideration and possible approval the two term sheets between the City of Tulare and the Tulare Police Officers Union (TPOU) and the Tulare Police Management Group (TPMG).

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: August 9, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 11
2022-2024 TERM SHEET

BETWEEN

TULARE POLICE OFFICERS UNION
AND

THE CITY OF TULARE
The parties to this Term Sheet are the City of Tulare (the “City”), and Tulare Police Officers Union, (the “TPOU”).

This term sheet is the result of discussions between the parties regarding the compensation for TPOU members. The parties have met and conferred concerning this matter, and have entered into these terms.
• Term
- July 1, 2022 to June 30, 2024
• Salary
- Four and one half percent (4.5%) increase beginning with pay period starting July 2, 2022.
- Three and one half percent (3.5%) increase beginning with the first pay period in July of 2023.
• Comparable Agencies
- The following agencies were upon as comparable agencies for total compensation:

Bakersfield, Clovis, Dinuba, Delano, Fresno, Hanford, Porterville, and Visalia. • Service Pay
- TPOU members will receive service pay salary increases for years of service. The service pay increases are cumulative.
o 2.5% of base salary at 5 years of service;
o 3.0% of base salary at 10 years of service; and
o 3.33% of base salary at 15 years of service.
• Bilingual Pay
- Increased bilingual pay from 2.0% to 2.5%.
• Stand-By Pay
- Agreed upon increase stand-by pay to the equivalent of a minimum of two hours of the TPOU Member’s salary.
• Call Back/Court Time
- Agreed upon increase stand-by pay to the equivalent of a minimum of four hours at time and one half of the TPOU Member’s salary.
• Comp Time Usage:
o Date restrictions – Fair week, Farm Show, 3rd and 4th of July, Thanksgiving, Christmas and New Year’s eve.
o Limit one (1) officer per shift (limit exception with Watch Commander approval.) • Per Diem: In accordance with GSA adopted standards.
2022-2024 TERM SHEET

BETWEEN

TULARE POLICE MANAGEMENT GROUP
AND

THE CITY OF TULARE
The parties to this Agreement are the City of Tulare (the “City”), and Tulare Police Management Group including Police Sergeants, Police Lieutenants, and Police Captains, (the “TPMG”).

This Term Sheet is the result of discussions between the parties regarding the compensation for TPMG members. The parties have met and conferred concerning this matter, and following council approval, Agreements will be revised and executed.
• Term
- July 1, 2022 to June 30, 2024
• Salary
- Four and one half percent (4.5%) increase beginning with pay period starting July 2, 2022.
- Three and one half percent (3.5%) increase beginning with the first pay period in July of 2023.
• Comparable Agencies
- The following agencies were upon as comparable agencies for total compensation:

Bakersfield, Clovis, Dinuba, Delano, Fresno, Hanford, Porterville, and Visalia. • Service Pay
- Effective July 1, 2022, TPMG members will receive service pay salary increases for years of service. The service pay increases are cumulative. o 2.5% of base salary at 5 years of service;
o 3.0% of base salary at 10 years of service; and
o 3.33% of base salary at 15 years of service.
• Bilingual Pay
- Increased bilingual pay from 2.0% to 2.5%.
• Stand-By Pay
- Agreed upon increase stand-by pay to the equivalent of a minimum of two hours of the TPMG Member’s salary.
• Call Back/Court Time
- Agreed upon increase stand-by pay to the equivalent of a minimum of four hours at time and one half of the TPMG Member’s salary.
• Comp Time Usage:
o Date restrictions – Fair week, Farm Show, 3rd and 4th of July, Thanksgiving, Christmas and New Year’s eve.
o Limit one (1) officer per shift (limit exception with Watch Commander approval.) • Per Diem: In accordance with GSA adopted standards.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to execute an Agreement for Transfer of Reimbursement Rights and Partial Satisfaction of Settlement Agreement and Mutual Release.

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

As part of development of The Greens At Oak Creek subdivision, the Oak Creek Nos. 2 thru 4 multi-family projects, and the future development of commercial property at the corner of Seminole Avenue and Mooney Boulevard (State Route 63), Quest Equity, LLC has completed construction of required street improvements to Mooney Boulevard south of Seminole Avenue.

A portion of these improvements have been determined by the City Engineer to be of supplemental size and capacity or are components of the City’s Development Impact Fee Program, including the following components:
• Roadway construction on Mooney Boulevard associated with the lengthening of the right-turn lane for Seminole Avenue, and paveout across the City storm drain retention basin located on the east side of Mooney Boulevard south of Seminole Avenue, • Construction of median improvements in Mooney Boulevard, • Construction of storm drainage collection facilities for Mooney Boulevard, • Adjustment of City sanitary sewer manholes required for roadway construction, • Relocation of existing Caltrans vaults and pull boxes required by lengthening of the right-turn lane at Seminole Avenue, and
• Installation of street lighting along Mooney Boulevard.

The costs associated with improvements listed above that are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code total $493,993.23.

AGENDA ITEM: Consent 12
Such an arrangement would favor the City in the amount of $93,993.23 plus whatever interest might accrue during the time it would take the City to complete its reimbursement to Quest Equity, LLC. Based upon the current balance in the City’s development impact fee fund for street improvements, and the fact that there are other projects currently in line for reimbursement ahead of the Oak Creek project, the interest savings to the City is estimated at $26,000.

STAFF RECOMMENDATION:

Authorize the City Manager to execute an Agreement for Transfer of Reimbursement Rights and Partial Satisfaction of Settlement Agreement and Mutual Release.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The attached agreement has been reviewed and approved as to form by the City Attorney.

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: August 9, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney / Community & Economic Development For Council Meeting of: August 16, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Pass to print an ordinance to revise Section 9.48.060 of Tulare Municipal Code Title 9 to allow for an exemption to large vehicles under contract with the Tulare Police Department’s Tow Service Agreement or a Tow Service Agreement with any other public agency to park service vehicles in residential districts between the hours of 6:00pm and 6:00am while in rotation for services under said Agreement.

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

On June 21, 2022, staff presented an item to City Council for discussion and direction to staff on the modification of the City’s Municipal Code as it relates to the parking of large commercial vehicles in residentially zoned districts. Following discussion, Council voted unanimously to direct staff to return to Council with draft language to address the exemption for large commercial vehicles, specifically tow trucks, to park in residential areas while in rotation with the Tulare Police Department or other public agency under a Tow Service Agreement.

Staff presented proposed language to Council on July 12, 2022, which Council approved. That language is contained in the attached Ordinance as follows:

Section 9.48.060 – Exceptions- of the Tulare Municipal Code Title 9 is hereby revised as follows:

STAFF RECOMMENDATION:

AGENDA ITEM: Public Hearing 1
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: Traci Myers Title: Community & Economic Development Director Date: August 8, 2022 City Manager Approval: ____________ ORDINANCE 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REVISING SECTION 9.48.060 OF TULARE MUNICIPAL CODE TITLE 9 TO ALLOW

FOR AN EXEMPTION TO LARGE COMMERCIAL VEHICLES UNDER CONTRACT WITH THE TULARE POLICE DEPARTMENT’S TOW SERVICE AGREEMENT OR A

TOW SERVICE AGREEMENT WITH ANY OTHER PUBLIC AGENCY TO PARK

SERVICE VEHICLES IN RESIDENTIAL DISTRICTS
WHEREAS, the City Council of the City of Tulare, a Charter City under California laws, finds the need to revise Section 9.48.060 of Tulare Municipal Code Title 9 related to the exemptions for the parking of large commercial vehicles, namely emergency vehicles, in residential districts; and
WHEREAS, the purpose of the revision to this Ordinance is to allow for the parking of large commercial vehicles under contract with the Tulare Police Department’s Tow Service Agreement or a Tow Service Agreement with any other public agency to park service vehicles in residential districts.

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

SECTION 1. Section 9.48.060 of the Tulare Municipal Code Title 9 is hereby revised as follows:

SECTION 2. If any provision of the Tulare Municipal Code or Title 9 of the Municipal Code of the City of Tulare, whether approved or adopted prior to subsequent to Section 9.48.060 is in conflict therewith, these provisions of Section 9.48.060 shall govern.

SECTION 3. This Ordinance shall go into full force and effect 30 days from and after its passage, adoption, and approval.
/////
PASSED, ADOPTED, AND APPROVED this XX day of XXXX, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:

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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Select Voting Delegate and alternate for League of California Cities Annual Conference at the Annual Business Meeting on Friday, September 9, 2022, authorizing the City Clerk to execute the delegate form.

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

The Annual League Conference is scheduled for September 7-9, 2022, in Long Beach. Mayor Mederos and Vice Mayor Sayre are attending.

STAFF RECOMMENDATION:

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: August 2, 2022 City Manager Approval: ____________ AGENDA ITEM: General Business 1
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

CITY:________________________________________

2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email_________________________________ Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254

2022 Annual Conference and Expo

PROPOSED BYLAWS AMENDMENTS
General Assembly
September 9, 2022
2021-2022

CAL CITIES OFFICERS
President
Cindy Silva
Mayor Pro Tem,
Walnut Creek
First Vice President
Ali Taj
Council Member,
Artesia
Second Vice President
Daniel Parra
Council Member,
Fowler
Immediate Past President
Cheryl Viegas Walker
Council Member,
El Centro
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 2022
To: Cal Cities General Assembly
From: Cindy Silva, President
Carolyn Coleman, Executive Director and CEO
Re: Proposed Cal Cities Bylaws Amendments
On July 15, 2022, the League of California Cities (Cal Cities) Board of Directors (Board) voted to present proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo. This memorandum outlines the history of the proposed amendments, summarizes the amendments, and provides an explanation of the process for adopting amendments to the bylaws.

Background
Beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Grown Plan 2018-2021” (Strategic Growth Plan). The Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive.

In furtherance of its governance goals, the Board engaged an association governance consultant (Consultant) to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance. The Consultant gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys. On July 8, 2021, the Consultant produced a report (Governance Report) detailing 49 recommendations to the Board to deepen the engagement of Cal Cities Member Cities and ensure Cal Cities’ governance is operating at peak performance.

The Governance Report included findings indicating that Cal Cities is a strong organization, with a high level of member engagement, but also highlighted opportunities for Cal Cities to enhance its governance. The opportunities for enhancement included: (a) improving the clarity, ease, and consistency in how the governance system works; (b) clarifying the guidelines for position qualifications and performance expectations; (c) identifying ways to deepen member engagement and enhance the quality of the experience of involvement; and (d) ensuring Cal Cities has an intentional, consistent organizational culture at all levels of the governance system.
1 The findings and recommendations from the Governance Report were presented to the Board during the July 2021 Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a “to be established” board subcommittee for further study, and deferred consideration of the remaining recommendations.

Following Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:

1. Adjust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuses, and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.

2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities’ mission and vision.

Those amendments became effective on Nov. 24, 2021.

Among the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.

At its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.

Following the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:
• Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair • Walt Allen, Council Member, Covina
• Jan Arbuckle, Vice Mayor, Grass Valley
• LaTanya Bellow, Deputy City Manager, Berkeley
• Pippin Dew, Council Member, Vallejo
• Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
• Karen Goh, Mayor, Bakersfield
• Jim Lewis, City Manager, Pismo Beach
• Lisa Middleton, Mayor, Palm Springs
• John Minto, Mayor, Santee
• David Pollock, Council Member, Moorpark
2 The Governance Committee met in April 2022, and following engaging and productive discussions, brought forward to the Board at its May 2022 meeting several recommendations to further enhance Cal Cities’ governance. Among the recommendations approved by the Board during that meeting are two that require bylaws amendments:

1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.

2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.1 In addition to those recommendations identified by the Governance Committee and approved by the Board, Cal Cities staff identified various non-substantive revisions to the Cal Cities bylaws:

1. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.

2. To avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.
2 3. To promote consistency, replace the term “Board member(s)” with “Director(s).”3 On July 15, 2022, the Board voted to present these proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo.

While the work to enhance Cal Cities’ governance is a process being implemented in phases over several years, the Board believes these proposed amendments constitute important next steps toward ensuring Cal Cities’ governance is operating at peak performance. 1 Under the current bylaws, the Nominating Committee is comprised of 11 Directors. Two committee members are appointed from among At-Large Directors and one from a Department. Divisions participate on a rotation, with Directors residing within eight of the Divisions appointed in even-numbered years and Directors from the other eight appointed in odd-numbered years. 2 Under the current bylaws, the Second Vice President is referred to as “Second Vice President/Treasurer.” However, in practice the Second Vice President does not serve as treasurer of Cal Cities. Rather, that function is performed by the Chief Financial Officer designated in Article VIII, section 5, subdivision b(2), of the Cal Cities bylaws.
3 The current bylaws primarily refer to members of the Cal Cities Board of Directors as “Directors.” However, there are instances in which they are referred to as “Board members.” 3 Procedure for Amending the Cal Cities Bylaws
Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.4 In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5
and the number that constitutes 2/3 of those voting
(a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.7 If approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.8 If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.9 If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov. 9, 2022.
4 Article XVII, Section 1.
5 Article XVII, Section 2.
6 Cal. Corp. Code 7512, subd. (a).
7 Cal. Corp. Code 7512, subd. (d). 8 Article XVII, section 6. 9 Article XVII, section 7.
4 RESOLUTION RELATING TO AMENDMENTS TO THE CAL CITIES BYLAWS (2/3 vote at General Assembly required to approve)
Source: League of California Cities Board of Directors
WHEREAS, the League of California Cities (Cal Cities) is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the Cal Cities Board of Directors (Board) periodically reviews the Cal Cities bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership needs and interests; and
WHEREAS, beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Growth Plan 2018-2021” (Strategic Growth Plan); and
WHEREAS, the Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive; and WHEREAS, in furtherance of its governance goals, the Board engaged an expert in association governance who gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance; and
WHEREAS, in July 2021 the Board decided to move forward with certain recommendations made as a result of that governance evaluation, including a recommendation to establish a standing Governance Committee of the Board to assist the Board in fulfilling its governance function; and
WHEREAS, in February 2022 the Board approved Board policy establishing the Governance Committee and charging it with regularly reviewing the governance structures, policies, and practices of Cal Cities, and reporting its findings and making recommendations to the Board; and
WHEREAS, in 2022 the Governance Committee recommended, and the Board, approved certain changes to the bylaws that: (1) formalize the oversight of the Resolutions Committee; (2) ensure a more inclusive Nominating Committee by adding one committee member appointed from among Caucus Directors and one additional committee member appointed from among AtLarge Directors; (3) clarify that, unless the board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; and (4) make various non-substantive revisions; and
5 WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:

1. Amend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee;

2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members;

3. Amend Article VII, Section 10(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;

4. Replace the title “Second Vice-President/Treasurer” with “Second Vice President” in Article VII, sections 2(a), 5(e), and 10(b); and Article VIII, sections 1, 2(c), and 4;

5. Replace the term “board member(s)” with “Director(s)” in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9, 2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specified amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.

See ATTACHMENT 1 for redline of proposed changes to the bylaws. 6 ATTACHMENT 1
Redline of Proposed Changes to Bylaws
7 Bylaws for the
League of California Cities
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Article VI. Resolutions
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Section 3: Resolutions Committee for Annual Conference Resolutions. (a) Resolutions Committee Composition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:
(i) One elected official from each regional division, appointed by the regional division;
(ii) One elected official from each policy committee, appointed by the policy committee;
(iii) One member from each functional department, appointed by the department;
(iv) One elected official from each caucus, appointed by the caucus; and (v) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.
(b) Presidential Appointments. In the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division’s, policy committee’s, functional department’s, or caucus’s behalf.
(c) Chair. The Cal Cities President shall also appoint to the Resolutions Committee a committee chair and vice chairSecond Vice-President shall serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.
(d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.
8 (e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of Cal Cities on any question may be considered or discussed by Cal Cities’ General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. …
Article VII: Board of Directors
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Section 2: Composition.

The Cal Cities Board is composed of the following:
(a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;
(b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President;
(c) Twelve Directors-at-Large,
(i) Who serve staggered two-year terms, and
(ii) At least one of whom is a representative of a small city with a population of 10,000 or less;
(d) One Director to be elected from each of the regional divisions, functional departments, and caucuses of Cal Cities, each of whom serves for a term of two years; and
(e) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms.
(f) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (g) Directors hold office until their successors are elected and qualified. …
9 Section 5: Nomination Process.
(a) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Composition. The nominating committee shall be comprised of eleven thirteen Board membersDirectors. ThreeTwo nominating committee members shall be At-Large Directors, and one shall represent a functional department, and one shall represent a caucus. Regional divisions shall be represented on the nominating committee on the following rotating basis:
(i) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee. (ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee. (c) Nominating Committee Chair. The Cal Cities President shall appoint the chair of the nominating committee.
(d) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. (e) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Publicize the qualifications for the offices of Second Vice Vice-President/Treasurer and the at-large members of the Cal Cities Board to Cal Cities’ Member Cities;
(ii) At-Large and Second Vice-President Recommendations. Make recommendations to the Cal Cities Board on the following year’s Cal Cities officers and at-large board membersDirectors; and (iii) President and First Vice President Recommendation.

Recommend whether the previous year’s First Vice President 10 becomes President and the previous year’s Second VicePresident/Treasurer becomes First Vice President. (f) Notice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in Cal Cities publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, the nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VI, Section 5(g) below.
(g) Decision and Report. The nominating committee’s recommendations shall be communicated to the Cal Cities Board not later than 30 days prior to the date of Cal Cities’ Annual Conference and again at the Annual Conference.

In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference. (h) Election. The election of Cal Cities Board officers and Directors-at-Large shall occur at a Cal Cities Board meeting at the Annual Conference as provided in Article VII, Section 4(c) and Article VII, section 3. …
Section 8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The Cal Cities Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting. (b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means). (c) Telephonic or Electronic Participation. Members of the Cal Cities Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting.
(d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a Cal Cities Board memberDirector may participate electronically.
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11 Section 10: Committees.
(a) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.
(b) Executive Committee.
(i) Composition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First VicePresident, Second Vice-President/Treasurer, Immediate Past President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.
(c) Standing Policy Committees.
(i) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)).
(ii) Membership. Each Cal Cities Policy Committee shall be comprised of the following:
• Two members appointed by each regional division president; • One member appointed by each functional department president; • One member appointed by each caucus president;
• No more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and
• Such representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.
(iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.
12 (d) Committee Chairs and Vice Chairs. Unless the Cal Cities Board establishes otherwise, Tthe Cal Cities President appoints the chair of all CalCities-wide committees. The term of such appointments coincides with the Cal Cities President’s term. The Cal Cities President may appoint vice chairs for such committees, as the Cal Cities President deems necessary. …
Article VIII: Officers
Section 1: Identity.

The officers of Cal Cities are a President, a First Vice-President, a Second VicePresident/Treasurer, an Immediate Past President, and an Executive Director.

Section 2: Duties of Cal Cities Officers.
(a) President. The President presides at all Cal Cities Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board. (b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First VicePresident has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First VicePresident’s temporary absence or incapacity. The Second VicePresident/Treasurer has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
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Section 4: Vacancies.

A vacancy in the office of President is filled by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President.

In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the Cal Cities Board of a member of the Cal Cities Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.
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13 Article XII: Voting
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Section 5: Mail Balloting.

In addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.
(a) Mailing.10 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to Cal Cities’ principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The Cal Cities President will appoint a counting committee of three board membersDirectors to count the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results. (d) Functional Departments, Regional Divisions, and Caucuses.

Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
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Article XV: Prohibited Transactions
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Section 4: Ethical Considerations.

These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities board memberDirector or policy committee member. If a board memberDirector or policy committee member believes that there are circumstances under which Cal Cities’ members might reasonably question the board member’sDirector’s or policy committee member’s ability to act solely in the best interests of Cal Cities and its member cities, the prudent course is to abstain. As an example, typically Cal Cities board membersDirectors have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’sDirector’s city.

Policy committee members should also consider abstaining in similar circumstances. 10 The Administrative Services Committee recommends Cal Cities also include notice of the upcoming ballot in a variety of Cal Cities communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail. 14 CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: August 16, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Receive staff report and discuss regulating the use self-service checkout machines at businesses in the City of Tulare.

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

In response to previous Council direction, the following staff report is offered regarding the use of self-service checkout machines. A number of businesses in the City of Tulare, including Walmart, Lowes, and restaurants such as Taco Bell, utilize self-service checkout machines, which typically reduce the number of human interactions associated with purchasing a good or service.

Supporters of self-service checkout machines note the following benefits associated with their use:

Quicker Checkout – Studies have shown that self-service checkout machines reduce the wait time to complete a customer’s purchases
Reduced Labor Costs - Since there’s no need for a cashier at every register, self-checkout reportedly reduces labor costs. One employee can easily monitor multiple self-service registers at a single time. Labor reduction and job loss is a major point of contention in the U.S.

However, several analysts point out that cashiers aren’t necessarily fired over self-checkout, but rather redeployed to different job functions.

Although some customers complain about self-service checkout, overall consumers appear to be accepting of the technology. However, there are cons associated with the use of selfservice checkout machines, as noted below Increased Risk of Theft - Since there are fewer employees monitoring self-service lanes, theft is a greater risk, resulting in a need to increase security staffing and technology.

AGENDA ITEM: General Business 2
Less Human Contact - A major concern about self-checkout for both consumers and business owners is the lack of human contact. Both Consumer Reports and NCR Corp. found that customers enjoyed the speed but the lack of human interaction was a problem. In NCR’s survey, 43 percent of respondents still wanted an attendant to be available to help resolve issues.

Customer Confusion and Equipment Issues - Although Millennials generally support selfservice checkout, Generation X and Baby Boomers are much less inclined to support the technology. One may conclude that some member of older generations don’t want to do the legwork of ringing themselves out if there isn’t a savings in what they’re paying for the goods or services. Other customers may simply not understand the machines or need assistance completing their transactions.

STAFF RECOMMENDATION:

Receive staff report and determine whether to provide staff with additional direction associated with regulating self-service checkout machines.

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

Submitted by: Josh McDonnell Title: Deputy City Manager Date: August 9, 2022 City Manager Approval: ____________

Tulare City CouncilAugust 16, 2022

Tulare City Council
August 16, 2022