STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify that the foregoing Resolution 2022-XX was duly and regularly adopted by the City Council of the City of Tulare, California, at a meeting held on December 20, 2022, by the following vote:
AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: December ___, 2022
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ADOPTING GENERAL PLAN AMENDMENT NO. 2022-02
WHEREAS, the Tulare City Council at a regular meeting on December 20, 2022, held a public hearing to consider amending the City of Tulare General Plan land use designation from High Density Residential to Medium Density Residential on approximately 10.44-acres located on the south side of Pleasant Avenue between Alpha and La Dawna Streets (APN 168-020-003); and
WHEREAS, the Tulare City Council has determined that the proposed amendment is in the public interest; and
WHEREAS, the Tulare City Council determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and
WHEREAS, the Tulare City Council determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety, or welfare; and
WHEREAS, the Tulare City Council determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The General Plan Amendment No. 2022-02 is hereby adopted and will be reflected on the General Plan Land Use Map.
PASSED, APPROVED, AND ADOPTED on this 20th day of December, 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
Resolution 2022-XX
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify that the foregoing Resolution 2022-XX was duly and regularly adopted by the City Council of the City of Tulare, California, at a meeting held on December 20, 2022, by the following vote:
AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: December ___, 2022
By Melissa Hermann, Chief Deputy City Clerk
ORDINANCE 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.24.05 OF SAID CODE ZONE AMENDMENT NO. 749
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.
NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:
SECTION 1. The Zoning Map of the City of Tulare as referred to in Section
10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.24.05; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:
REZONING approximately 10.44 acres of property from the RM-4 (Multi-family Residential) zoning designation to the R-1-4 (Small-lot Residential) zoning designation and is located on the south side of Pleasant Avenue between Alpha an La Dawna Streets as set forth more specifically on said map.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the 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
ORDINANCE 20XX-XX
STATE OF CALIFORNIA }
COUNTY OF TULARE } ss.
CITY OF TULARE }
I, Marc Mondell, City Clerk of the City of Tulare and Clerk of the Council of said city, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council on XXXX XX, 20XX, and finally passed, approved, and adopted at a regular meeting held on XXXX XX, 20XX, by the following vote:
AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of the City of Tulare, California, this XX day of XXXX, 20XX.
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF TULARE } ss.
CITY OF TULARE }
I, Marc Mondell, City Clerk of the City of Tulare and Clerk of the Council of said city, do hereby certify that a summary of Ordinance 20XX-XX has been published in the Tulare Advance Register, a newspaper of general circulation on XXXX XX, 20XX.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of the City of Tulare, California, this _____ day of XXXX, 20XX.
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
Item #: 14.2
Public Hearing
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community Development
For Council Meeting of: December 20, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None
AGENDA ITEM:
Pass to print an ordinance providing for adoption of the 2022 California Building Codes and to authorize the Building Official to accept single family residential permit applications with a site plan drawn to city standards prior to January 1, 2023 and issue said permit in compliance with the 2019 California Building Code with one extension.
IS PUBLIC HEARING REQUIRED: ☒Yes ☐No
BACKGROUND/EXPLANATION:
Every three years the California Building Standard Codes are revised. The 2022 California Building Standard Codes were published on July 1, 2022 and will go into effect on January 1, 2023. This ordinance will reflect the changes in the California Building Standard Codes in the corresponding Chapter 4.04 (California Building Codes) of the Tulare Municipal Code.
The following codes go into effect on January 1, 2023:
• California Building Standards Administrative Rules
• California Building Code
• California Residential Building Code
• California Electrical Code
• California Mechanical Code
• California Plumbing Code
• California Energy Code
• California Green Building Code
• California Referenced Standards Code
• California Historical Building Code
• California Existing Building Code
STAFF RECOMMENDATION:
Pass to print an ordinance providing for adoption of the 2022 California Building Standards Code effective January 1, 2023.
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: Rafael Magallan Title: Chief Building Official Date: December 12, 2022 City Manager Approval: ____________ ORDINANCE 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REENACTING CHAPTER 4.04 (CALIFORNIA BUILDING CODES) OF THE TULARE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2022
CALIFORNIA BUILDING CODES INCLUDING APPENDIX Z OF THE CALIFORNIA
RESIDENTIAL CODE, APPENDIX P OF THE CALIFORNIA BUILDING CODE WHEREAS, the California Building Standards Commission (CBSC) is an independent commission within the State Consumer Services Agency responsible for reviewing, adopting, and publishing building standards for the State of California; and WHEREAS, every three years, the CBSC adopts a compilation of building regulations referred to as the California Building Standards Code (California Code of Regulations, Title 24), which cities and counties are then mandated to adopt; and WHEREAS, local governments or jurisdictions can modify the code to add more restrictive provisions based on their specific local geologic, climatic, and topographic conditions to protect their communities; and
WHEREAS, no local amendments to these codes are anticipated in this cycle.
NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:
SECTION 1. CODE AMENDMENT. Chapter 4.04 California Building Codes of the Tulare Municipal Code is hereby repealed and reenacted and shall read as follows:
CHAPTER 4.04
CALIFORNIA BUILDING CODES
Sections:
4.04.010 California Administrative Code.
4.04.020 California Building Code.
4.04.030 California Residential Code.
4.04.040 California Electrical Code.
4.04.050 California Mechanical Code.
4.04.060 California Plumbing Code.
4.04.070 California Energy Code.
4.04.080 California Green Building Standards Code.
4.04.090 California Referenced Standards Code.
4.04.100 California Historical Building Code.
4.04.110 California Existing Building Code.
4.04.010 California Administrative Code.
2022 California Administrative Code, Title 24, part 1 is hereby adopted as though set ORDINANCE 2022-XX
forth in full.
4.04.020 California Building Code.
2022 California Building Code, Title 24, Part 2, Volume 1 and 2, is hereby adopted as though set forth in full, including Appendix P Emergency Housing.
4.04.030 California Residential Code.
2022 California Residential Code, Title 24, Part 2.5 is hereby adopted as though set forth in full, including Appendix Z Emergency Housing.
4.04.040 California Electrical Code.
2022 California Electrical Code, Title 24, Part 3 is hereby adopted as though set forth in full.
4.04.050 California Mechanical Code.
2022 California Mechanical Code, Title 24, Part 4 is hereby adopted as though set forth in full.
4.04.060 California Plumbing Code.
2022 California Plumbing Code, Title 24, Part 5 is hereby adopted as though set forth in full.
4.04.070 California Energy Code.
2022 California Energy Code, Title 24, Part 6 is hereby adopted as though set forth in full.
4.04.080 California Green Building Standards Code.
2022 California Green Building Code, Title 24, Part 11 is hereby adopted as though set forth in full.
4.04.090 California Referenced Standards Code.
2022 California Referenced Standards Code, Title 24, Part 12 is hereby adopted as though set forth in full.
4.04.100 California Historical Building Code.
2022 California Historical Building Code, Title 24, Part 8 is hereby adopted as though set forth in full.
ORDINANCE 2022-XX
4.04.110 California Existing Building Code.
2022 California Existing Building Code, Title 24, Part 10 is hereby adopted as though set forth in full.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the 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
Item #: 15.1
General Business
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: December 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None
AGENDA ITEM:
Appoint members to the Police Department Citizen Complaint Review Board and Aviation Committee to fill seats with terms ending December 31, 2022.
IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:
The City of Tulare has eight boards, commissions, and committees with members appointed by the City Council. Periodically, appointments and reappointments are necessary due to vacancies and expiring terms. Listed below are the positions to be considered for appointment.
Notice was posted on the kiosk outside of City Hall and on the City’s website. Staff also sent emails to all current members with terms expiring advising of their need to submit an application if they would like to be considered for reappointment. Staff received a number of applications of those either interested in being reappointed or appointed as a new member.
Aviation Committee
The Tulare Aviation Committee consists of five members and 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. As approved by the Council on August 16, 2022, 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. Members serve four-year terms.
The two members with terms expiring on December 31, 2022, are Casey Jenkins, who has advised staff he is no longer interested in serving on the Committee, and Michael Groah, who has not responded to staff nor applied to be considered for reappointment. The remaining three members are not airport lease holders nor Planning Commissioners, so they would be considered the three “additional members.” This means that the two vacant seats would need to be filled with an airport lease holder and Planning Commissioner.
Staff received two applications from those interested in serving on the Committee. One applicant is Robert Forbes who is not a current airport leaseholder; therefore, he would not be eligible for appointment. The other is Michael Schoneau of Valley Aircraft who is a current airport lease holder.
The next Planning Commission meeting is January 9, 2023, where staff will present the opportunity for a Planning Commissioner to serve on the Aviation Committee. Once selected by the Planning Commission, an item will be presented to Council to confirm appointment.
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. 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 at-large to serve two-year terms. An eighth, non-voting member is selected by the Police Officers Union to sit on the Board.
All seven members have the same term which expires on December 31, 2022. Members serve two-year terms. Staff has received ten applications for consideration to fill the vacancies as follows:
Carlos “Charlie” Ramos* (appointed by Seat 3)
Danny Giotto* (at-large appointment)
Duane Goree* (at-large appointment)
Jennifer Burchman* (appointed by Seat 1)
Julie Leighty* (appointed by Seat 2)
Karen Presant* (appointed by Seat 4)
Jonathan Juarez
Madalyn Souza
Marjorie Calvillo
Joshua Weatherby
*Current member seeking reappointment
The only current member that did not apply to be considered for reappointment is Gene Chavez who was appointed by Council Seat 5.
The attendance record for the members of the Board for 2022 is provided below.
STAFF RECOMMENDATION:
Appoint members to the Police Department Citizen Complaint Review Board and Aviation Committee to fill seats with terms ending December 31, 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: Maegan Peton Title: Deputy City Clerk/Records Coordinator Date: December 12, 2022 City Manager Approval: ____________
xx
x
City of Tulare
Agri-Center of the World
COUNCIL ITEM REQUEST FORM
R ,.� r� .c 1 \ .• .· ( .... ,J t. I •/ �·
DEC O 9 2022
CITY CLERKS OFFICE
CITY OF TULARE
The Council Item Requesl Form i� rur rnemuers of the City Council to submit written requests to the City Clerk's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 1 O items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING COUNCILMEMBER
Stephen C. Harrell
ITEM TITLE
TODAY'S DATE
12/9/2022
AGENDA DATE
12/20/2022
Naming the Tulare Dog Park for K-9 Bane killed in the line of duty December 9, 2018
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Four years ago today in the evening hours Officer Ryan Garcia a six year veteran of the Tulare Police Dept. and his partner Bane a one year old Belgian Malinois - German Shepherd mix two weeks out of training were on patrol.
Officer Garcia initiated a traffic stop on a vehicle that failed to yield and a pursuit ensued ending West of Tulare. Bane was released for an apprehension as one suspect opened fire killing Bane. Officer Garcia was struck in his vest and hand by gunfire. Other officers returned fire killing one suspect and wounding a second. Bane, followed his training to protect his partner and subdue the shooter and in doing so was shot and killed. Officer Garcia credits K9 Officer Bane for saving his life. At Officer Bane's Memorial Service, " Officer Garcia said if it werent for him I wouldn't be speaking here." he said "Bane is no doubt a hero and will always be remembered as one."
Tulare has for many years honored those Tulare Law Enforcement officers that have died in the line of duty, Martin, Carter, Smith and now Bane should also be honored by dedicating and naming out new dog park in his honor and memory.
I ask for council support for this action. Eventhough the park has not even broken ground I feel this action is appropriate now.
SCH
Item #: 17.1
Future Agenda Items