Agenda packet — Tulare City Council, April 4, 2023

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, April 4, 2023
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 the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. 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 Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.

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 Public 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.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related 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.

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Regular Meeting April 4, 2023
City of Tulare Page 2

1. CALL TO ORDER REGULAR MEETING

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. PRESENTATIONS

3.1 Proclamation for National Public Safety Telecommunicators Week April 9-15, 2023.

3.2 Tulare County Economic Development Corporation Presentation.

4. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public 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 those items are 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.

5. 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. Public comments will be limited to three minutes per topic unless otherwise extended by Council.

6. COUNCIL REPORTS AND ITEMS OF INTEREST

7. 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.

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.2 Special and Regular Meeting Minutes of March 21, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

7.3 Second Reading and Adoption of Ordinance 2023-04.

Recommended Action: Adopt Ordinance 2023-04 amending Chapter 7.52 of the Tulare Municipal Code pertaining to the regulations of squatter camps. [M. Hermann]

7.4 Second Reading and Adoption of Ordinance 2023-05.

Recommended Action: Adopt Ordinance 2023-05 repealing and replacing Chapter

9.64.010 of the Tulare Municipal Code pertaining to the City’s Transportation Demand Management Plan. [M. Hermann]

7.5 Purchase of Servers for the Police Department.

Recommended Action: Approve the funding and purchase of three servers for the Police Department using the NASPO Value Point Contract # MNWNC-108 for a total City Council Agenda – Regular Meeting April 4, 2023
City of Tulare Page 3
of $31,981.81; and authorize up to a 10% change order amount ($3,198.18) if required. [J. Bowling]

7.6 Grant Deed in Fee Interest & Certificate of Conveyance – Dayton Street.

7.7 Purchase of Two Dodge Ram Trucks for the Police Department.

8. 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.

8.1 Lease Agreements for City Property.

Recommended Action: Authorize the City Manager or designee to execute the documents necessary for new and extended leases for the following City properties, subject to minor conforming or clarifying changes acceptable to the City Attorney and City Manager: 1) 324 South N Street – Extend lease with Encore Theatre for 10 years; and 2) 6525 Dale Fry Road (Mefford Field Airport) – New lease with Mike Schoenau of Valley Aircrafts. [M. Correa]

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES

11. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 18, 2023, at 7:00 p.m. in the Council Chamber at the Tulare Public Library, 491 North M Street, Tulare, California.

AFFIDAVIT OF POSTING AGENDA
I certify, in conformance with Government Code Sections 54954.2 and 54956, the agenda for the regular/special meeting of the Tulare City Council was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City’s website at least 72 hours prior to the regular meeting or 24 hours prior to a special meeting.

DATE & TIME: Friday, March 31, 2023 at 12:00 p.m.

Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: April 4, 2023 Agenda Memo
Date: March 31, 2023
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.

1. CALL TO ORDER REGULAR MEETING

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. PRESENTATIONS

3.1 Proclamation for National Public Safety Telecommunicators Week April 9-15, 2023.

3.2 Tulare County Economic Development Corporation Presentation.

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:30-7:35 p.m.]

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.2 Special and Regular Meeting Minutes of March 21, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

7.3 Second Reading and Adoption of Ordinance 2023-04.

Recommended Action: Adopt Ordinance 2023-04 amending Chapter 7.52 of the Tulare Municipal Code pertaining to the regulations of squatter camps. [M. Hermann] Summary: At the March 21, 2023, regular meeting of the City Council, Council held the first reading of an ordinance amending Chapter 7.52 of the Tulare Municipal Code pertaining to the regulations of squatter camps. The City has recently experienced an increase in injuries and death related to camping in the right of way of the railroad tracks. Staff views this as a health and safety issue and wishes to include provisions clearly restricting such camping and authorizing the City Manager to enforce the provisions.

As required by law, the second reading and adoption of said ordinance must occur at a regularly scheduled meeting, and, accordingly, City staff hereby presents that same ordinance for consideration by the Council.

7.4 Second Reading and Adoption of Ordinance 2023-05.

Recommended Action: Adopt Ordinance 2023-05 repealing and replacing Chapter

9.64.010 of the Tulare Municipal Code pertaining to the City’s Transportation Demand Management Plan. [M. Hermann]
Summary: At the March 21, 2023, regular meeting of the City Council, Council held the first reading of an ordinance repealing and replacing Chapter 9.64.010 of the Tulare Municipal Code pertaining to the City’s Transportation Demand Management Plan. Review of Chapter 9.64, “Transportation Demand Management Plan” of the Tulare Municipal Code identified a reference to Rule 9001 adopted by the San Joaquin Valley Unified Air Pollution Control District (District), which has since been repealed and replaced with Rule 9410. Local government agencies within the District were required to adopt Rule 9001 as part of their Transportation Demand Management Plan to demonstrate conformity with the District’s air quality implementation plan. The purpose of both the original Rule 9001 and revised Rule 9410 was to establish how air quality impacts associated with employment centers are analyzed and evaluated. The Rules define various mitigation measures that can be utilized by employers to claim reductions in the estimated trips generated by their business, thereby demonstrating reduced impacts of their operations to the region’s air quality. The proposed ordinance will correct Chapter 9.64.010 to reference Rule 9410 of the San Joaquin Valley Unified Air Pollution Control District, which is the appropriate, revised Rule addressing trip reduction measures for employment centers.

Tulare City Council Page 3
Agenda Memo – April 4, 2023
As required by law, the second reading and adoption of said ordinance must occur at a regularly scheduled meeting, and, accordingly, City staff hereby presents that same ordinance for consideration by the Council.

7.5 Purchase of Servers for the Police Department.

Recommended Action: Approve the funding and purchase of three servers for the Police Department using the NASPO Value Point Contract # MNWNC-108 for a total of $31,981.81; and authorize up to a 10% change order amount ($3,198.18) if required. [J. Bowling]
Summary: The City of Tulare uses virtualized servers to run many of the systems of the Police department. Some of these systems include Computer Aided Dispatch (CAD), Records Management Systems (RMS), Property tracking, and other required miscellaneous databases/services. The existing servers have been in-place since early 2015. Existing servers have reached the end of their useful life and need to be replaced. The proposed servers are sized to be able to be used in the CAD/RMS replacement project.

Dell hardware will be procured under the State of California NASPO (National Association of State Procurements Officials) Value Point Contract # MNWNC-108.

This is a cooperative purchasing agreement that is available to cities, counties, and special districts.

7.6 Grant Deed in Fee Interest & Certificate of Conveyance – Dayton Street.

Recommended Action: Authorize the City Manager or his designee to execute a Grant Deed in Fee Interest and Certificate of Acceptance to the City of Tulare for acceptance of a street right-of-way dedication along the east side of Dayton Street located at 700 S. Dayton Street (APN 177-080-004). [M. Miller] Summary: Tentative Parcel Map No. 2021-01 has been submitted by Leandro Campos to create two parcels from one existing parcel located at 700 South Dayton Street (APN 177-080-004). The tentative parcel map was approved by the City of Tulare’s Parcel Map Committee on August 10, 2020, via Resolution No. 829.

Construction of street and frontage improvements was required by the engineering conditions of approval for the tentative parcel map, which will require the dedication of additional street right-of-way to meet current City standards. The design of these improvements has been completed and approved by the City Engineer, and the required street right-of-way dedication has been identified. Dedication of the right-ofway is now being offered to the City by the subject Grant Deed in Fee Interest. If accepted, the dedication by separate instrument will be noted on the final parcel map.

7.7 Purchase of Two Dodge Ram Trucks for the Police Department.

Recommended Action: Award the purchase of two new/unused 2023 Dodge Ram Quad Cab trucks to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $92,982.68, which includes all fees, tax, and shipping. [T. Whitfield]
Summary: The City is a member of Sourcewell which is a national public service agency that provides for cooperative purchasing for government agencies. Through Tulare City Council Page 4
Agenda Memo – April 4, 2023
the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase two new/unused 2023 Dodge Ram 4x2 Quad Cab trucks from National Auto Fleet Group, of Watsonville, CA in the amount of $92,982.68.

On January 17, 2023, the City Council approved the funding for the purchase of two trucks for the Police Department. The two new trucks were for the two new officer positions dedicated to interact with the transient and homeless population in the City of Tulare. The Police Department requested trucks for these officers as they needed vehicles that would give the officers the ability to transport the property without requiring additional help from other departments. The trucks will be 2023 Dodge Ram 1500 Classic Tradesman 4x2 quad cabs with 6’4” box and will be outfitted similar to the Ford Explorer Police Interceptors.

8. 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.

8.1 Lease Agreements for City Property. [Time Estimate: 7:40-8:00 p.m.] Recommended Action: Authorize the City Manager or designee to execute the documents necessary for new and extended leases for the following City properties, subject to minor conforming or clarifying changes acceptable to the City Attorney and City Manager: 1) 324 South N Street – Extend lease with Encore Theatre for 10 years; and 2) 6525 Dale Fry Road (Mefford Field Airport) – New lease with Mike Schoenau of Valley Aircrafts. [M. Correa]
Summary: The City of Tulare received a formal request letter from the Encore Theatre for the renewal of their lease for 10 years. Their most recent lease was signed on February 15, 2011, for a period of 10 years with an expiration date of February 15, 2021, and an option for a 10-year renewal with an expiration date of February 15, 2031. The delay in the request was due to the closure of the theater due to Covid-19.

The Fire Marshal and the Office of Safety, Compliance and Facilities performed an inspection on this property with no major issues found (report attached). The rental price for said property for the original term of the lease, and for the 10-year renewal option thereafter for which the lease continues, shall be the sum of One Dollar ($1.00) per year payable in full for all ten years at the execution of the lease and the beginning of the renewal option period. Before finalizing this renewal, an appraisal will be performed by the RMA to request the proper amount of insurance policy required.

The City of Tulare received an email from Mike Schoenau (Valley Aircrafts) requesting to take over the lease of the hanger located at 6525 Dale Fry Road where he currently stores four planes and equipment. The condition of the lease is to exchange the new hangar for the termination of the lease of three T-hangars (#5, #7 and #9) that will be available to the public for lease and terminating his current lease of the Mefford Field Hangar. The rental for said property for the original five years of the lease, and for the five-year renewal option thereafter for which the lease continues, shall be the sum of $900.00 plus deposit, if applicable, per year payable in full for all five years at the execution of the lease and the beginning of the renewal option period. The lease will be finalized for City Manager’s approval by April 10, 2023.

Tulare City Council Page 5
Agenda Memo – April 4, 2023

9. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:00-8:00 p.m.]

10. STAFF UPDATES [Time Estimate: 8:00-8:10 p.m.]

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Council Chamber
491 North M Street, Tulare
Tuesday, March 21, 2023
6:00 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora, Assistant City Manager, Josh McDonnell, Deputy City Clerk Maegan Peton; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Interim Community Development Director/City Planner Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling

1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called the special meeting of the City Council to order at 6:00 p.m. in the Council Chamber located at 491 North M Street.

2. PUBLIC COMMENT
There were no public comments.

3. STUDY SESSION

3.1 6th Cycle Housing Element Update.

Presented By: Interim Community Development Director/City Planner Mario Anaya
Council Action: No action was taken.

4. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING:

4.1 Anticipated litigation pursuant to Government Code § 54956.9(d)(4): 2 cases Council recessed to closed session at 6:33 p.m.

5. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:07 p.m.

6. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.

Item #: 7.2
Consent
City Council Meeting Minutes March 21, 2023
City of Tulare Page 2

7. ADJOURNMENT OF SPECIAL MEETING
Mayor Sayre adjourned the special meeting at 7:07 p.m.

8. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:07 p.m. in the Council Chamber located at 491 North M Street.

9. PLEDGE OF ALLEGIANCE AND INVOCATION
Jason Bender led the pledge of allegiance and an invocation was given by Assistant City Manager Josh McDonnell.

10. PRESENTATIONS

10.1 City Sales Tax Presentation by MuniServices, LLC/Avenu Insights & Analytics.

Mary DeLaRosa, Client Services Executive, provided a presentation regarding the City’s status on sales tax.

11. PUBLIC COMMENTS
The following provided public comment: Patricia Gamez and Tulare Chamber of Commerce CEO Donnette Silva-Carter.

12. COMMUNICATIONS
City Manager Marc Mondell reported on a communication received from the Tulare Baseball Association.

13. COUNCIL REPORTS AND ITEMS OF INTEREST

13.1 Update on November 8, 2022 City of Tulare Council Election.

Council reported out on recent events and discussed items of interest.

14. CONSENT CALENDAR
Items 14.6, 14.7, 14.8, 14.9, 14.12, and 14.13 were removed from the Consent Calendar at the request of Council.

It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to approve the items on the Consent Calendar as presented with the exception of items 14.6, 14.7, 14.8, 14.9, 14.12, and 14.13.

14.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

14.2 Regular Meeting Minutes of March 7, 2023.

Recommended Action: Approve as submitted. [M. Hermann]
City Council Meeting Minutes March 21, 2023
City of Tulare Page 3

14.3 February 2023 Investments Report.

Recommended Action: Accept the monthly investments report for February 2023. [D. Ibanez]

14.4 Property Purchase for the Cross Avenue Improvement Project (EN0074).

Recommended Action: Authorize the City Manager to complete and execute the documents necessary to purchase property for public right-of-way required by Project EN0074 located on the north side of Cross Avenue as a portion of APN 168-340-002 in the amount of $6,900, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

14.5 Increase E-mail Retention From 365 days to 730 days (2 years).

Recommended Action: Adopt a resolution amending Resolution 18-60 updating an Electronic E-Mail Retention Policy to increase email retention from 365 days to 730 days (2 years) and incorporating said changes into the City of Tulare’s Records Retention & Indexing Schedules and Information Management Policy. [J. Bowling]

14.10 Grant of Public Utility Easement from Ruiz Food Products, Inc. along International Agri-Center Way.

Recommended Action: Accept a Grant of Easement for public utility purposes from Ruiz Food Products Inc., a California Corporation required for the construction of a new interchange on Highway 99 at International Agri-Center Way (formally Commercial Avenue), and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [M. Miller]

14.11 Purchase of 68 Ruggedized Laptops.

Recommended Action: Approve the funding and purchase of 68 ruggedized laptops for the Police Department, Code Enforcement and Animal control from Dell Inc. using the NASPO contract for a total of $124,606.21. [J. Bowling]

14.14 Proclaim the Existence of a Local Emergency.

Recommended Action: Adopt a resolution proclaiming the existence of a local emergency and ratifying the Director of Emergency Services’ declaration of local emergency. [M. Ott]

PULLED CONSENT CALENDAR ITEMS

14.6 Parcel Map Acceptance – TPM 2022-07.

Recommended Action: Approve the Parcel Map filed by Sequoia Investors, LLC, a California Limited Liability Company and The Shawn Team, LLC, a California Limited Liability for the division of land located on the southeast corner of Cross Avenue and Cherry Street for recordation, and accept all easements offered to the City. [M. Miller]
Council Action: Councilmember Mederos pulled this item to state concerns over traffic at this intersection. It was moved by Councilmember Mederos, seconded by Mayor Sayre, and unanimously carried to approve the item as presented.

City Council Meeting Minutes March 21, 2023
City of Tulare Page 4

14.7 Final Map Conditional Acceptance – Willow Glen No. 6.

Recommended Action: Conditionally approve the Final Map and subdivision improvement agreement for Phase 6 of Willow Glen subdivision for recordation, and accept all easements offered to the City. [M. Miller] Council Action: Councilmember Mederos pulled items 14.7-14.9 together for confirmation of utilities location. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve to approve items 14.7, 14.8, and 14.9 as presented.

14.8 Grant of Easement and Certificate of Conveyance to SCE Along the South Side of Pacific Avenue West of Mooney Boulevard.

Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within Landscaping Outlots A & B of the Willow Glen No. 5 subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
Council Action: See Council action for item 14.7.

14.9 Grant of Easement and Certificate of Conveyance to SCE the West Side of Mooney Boulevard South of Pacific Avenue.

Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for the installation and maintenance of SCE utilities located within Landscaping Outlot K of the Kensington Estates No. 4 and Landscaping Outlot B of the Willow Glen No. 5 subdivisions, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M.

Miller]
Council Action: See Council action for item 14.7.

14.12 Tulare Dog Park Naming Recommendation.

Recommended Action: Accept the Tulare Parks and Recreation Commission recommendation to name the future Dog Park “K9 Bane Park” and to have a memorial bench to honor “Jennifer McCown” at the future Dog Park site located at 400 Block of N Street. [J. Glick]
Council Action: Councilmember Harrell pulled this item to provide further recommendations. It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to accept the Tulare Parks and Recreation Commission recommendation to name the future Dog Park “K9 Bane Park” and to have a memorial to honor Jennifer McCown at the future Dog Park site.

14.13 Change in 2023 Ford Interceptor Vehicle Order.

Recommended Action: Approve changing the five (5) on-order new 2023 Ford Police Interceptor Utility vehicles from hybrid engines to regular engines and reallocating those vehicles to the Police Department. [T. Whitfield] Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

City Council Meeting Minutes March 21, 2023
City of Tulare Page 5

15. PUBLIC HEARINGS

15.1 Ordinance to Amend Chapter 9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code.

Recommended Action: Pass-to-print an ordinance amending existing Chapter

9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code.

Presented By: City Engineer Michael Miller
Public Comment: The public hearing was opened at 8:39 p.m. Receiving no public comment, the public hearing was closed at 8:39 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

16. GENERAL BUSINESS

16.1 City Surplus Properties.

Recommended Action: Authorize the appraisal and sale of City surplus properties.

Presented By: Safety, Compliance and Facilities Officer Manny Correa Public Comment: Jason Bender requested tabling properties on Goodin.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrel, and unanimously carried to for staff to solicit quotes for demolition of Property #1 and table the decision to surplus for one year. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to amend the prior action. It was then moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to direct staff to solicit quotes for the demolition of the entire building located Property #1 as well as quotes for the demolition excluding the grammar school portion of the building. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to table the decision to surplus Property # 2 for one year. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to surplus Properties # 3 through 9 as presented. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to amend the prior action. It was then moved by Councilmember Mederos, seconded by Mayor Sayre, and unanimously carried to table the surplus of Properties # 7 through 9 and approve the surplus of Properties # 3 through 6.

16.2 Ordinance to Amend Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code.

Recommended Action: Pass-to-print an ordinance amending Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code.

Presented By: City Attorney Mario Zamora
Public Comment: There were no public comments.

Council Action: It was moved by Vice Mayor Isherwood, seconded by Mayor Sayre, and unanimously carried to pass-to-print the ordinance as presented.

17. FUTURE AGENDA ITEMS - None Submitted
City Council Meeting Minutes March 21, 2023
City of Tulare Page 6

18. STAFF UPDATES
Staff provided updates on department activities.

19. ADJOURNMENT
The regular meeting was adjourned at 9:30 p.m.

Approved by Council: April 4, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
_________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: January 17, 2023
Department: City Manager
Submitted by: Chief Deputy City Clerk Melissa Hermann
Agenda Title: Second Reading and Adoption of Ordinance 2023-04.

RECOMMENDED ACTION
Adopt Ordinance 2023-04 amending Chapter 7.52 of the Tulare Municipal Code pertaining to the regulations of squatter camps.

SUMMARY
At the March 21, 2023, regular meeting of the City Council, Council held the first reading of an ordinance amending Chapter 7.52 of the Tulare Municipal Code pertaining to the regulations of squatter camps. The City has recently experienced an increase in injuries and death related to camping in the right of way of the railroad tracks. Staff views this as a health and safety issue and wishes to include provisions clearly restricting such camping and authorizing the City Manager to enforce the provisions.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The City Attorney’s Office reviewed the ordinance prior to the first reading.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Ordinance 2023-04
Reviewed/Approved:

Item #: 7.3
Consent
ORDINANCE 2023-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING SECTIONS 7.52.020, 7.52.040 AND 7.52.060 CHAPTER 52 OF TITLE 7

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 Sections 7.52.020, 7.52.040 and 7.52.060 Chapter 52 of Title 7 of the City of Tulare Municipal Code related to rules and regulations for City of Tulare parks; and
WHEREAS, the purpose of the revisions of this Ordinance is to add restrictions on camping in the right of way for railroads and change the authority for enforcement.

NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:

SECTION 1. Sections 7.52.020, 7.52.040 and 7.52.060 of Chapter 52 of Title 7 of the City of Tulare Municipal Code is hereby amended as follows:
§ 7.52.020 Definitions.

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall be defined as follows.

CITY MANAGERHEALTH OFFICER. The Health Officer City Manager of the city and his or her duly authorized representatives and deputies.

SQUATTER. One who settles or locates on land enclosed or unenclosed with no bona fide claim or color of title or without the express consent of the owner or person legally in charge of the land.

SQUATTER CAMP. An area or parcel of land upon which any person has settled or located, or which he or she occupies, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and which is occupied or inhabited in violation of § 103 of the California Building Code or Chapter 10 of the Uniform Housing Code as adopted by the City of Tulare. It includes any tent camp space, house court and every other kind of camp, tent, shelter, structure or collection of tents, shelters or structures of any kind established, constructed, maintained or operated thereon. § 7.52.040 Enforcement.

It shall be the duty of the City Manager Chief of Police or Health Officer to enforce the provisions of this chapter.

ORDINANCE 2023-04

Page 2 ends

§ 7.52.060 Procedure for abatement of nuisance.

The Health Officer City Manager is hereby authorized to abate such a nuisance under the following alternative and supplemental procedure:
(A) The Health Officer City Manager may serve notice upon the owner or person in charge of the property upon which the squatter camp is located. The notice shall be in writing and must be signed by the Health Officer City Manager, must be served upon the owner or the person in charge of the property upon which the squatter camp is located according to the provisions of Cal. Code of Civil Procedure § 1162. The notice shall require that the squatter camp be completely abandoned, abated, closed and vacated and demolished within three days from the date of service of notice upon the owner or operator or person in charge thereof. Failure or refusal on the part of any such owner or person in charge of the squatter camp to abate, vacate and close it in compliance with the written notice shall constitute a violation of this chapter. (B) Upon the failure or refusal on the part of the owner or person in charge of the land upon which the squatter camp is located to act within 14 days, the Health Officer City Manager may post notices notifying all persons that the squatter camp is condemned as a public nuisance and that all persons shall immediately vacate the premises upon which the squatter camp space is located. Any person who shall thereafter enter in or upon or make any use of the squatter camp shall be guilty of a violation of this chapter.
(C)In case the Health Officer City Manager is unable to ascertain or find the owner of the land upon which any squatter camp is located, or where no person is in charge of the same, or where the owner of the land refuses to act, as an alternative procedure, the Health Officer City Manager may notify all squatters within the squatter camp that the same has been condemned and to remove therefrom immediately. In addition to the oral notification, the Health Officer City Manager shall post a written notice in a conspicuous place, within the squatter camp, notifying all squatters to forthwith and immediately remove there from and vacate the squatter camp. Failure or refusal of any person to comply with the notice shall be a violation of this chapter. (D)Notwithstanding the notice provisions herein, and in addition to any other remedy available, in order to prevent loss of life or serious injury in the case of a person or persons squatting within the right of way of any existing railroad track, violators of this section shall be immediately removed and relocated from the right of way. The City Manager is authorized to develop any regulations to address the storage and/or disposal of property remaining in the railroad right of way, whether abandoned or not.

SECTION 2. If any provision of the Tulare Municipal Code or Title of the Ordinance Code of the City of Tulare, whether approved or adopted prior to or subsequent to Sections 7.52.020, 7.52.040 and 7.52.060 are in conflict therewith, these provisions of Sections 7.52.020, 7.52.040 and 7.52.060 shall govern.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ORDINANCE 2023-04

Page 3 ends

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 4th day of April 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: January 17, 2023
Department: City Manager
Submitted by: Chief Deputy City Clerk Melissa Hermann
Agenda Title: Second Reading and Adoption of Ordinance 2023-05.

RECOMMENDED ACTION
Adopt Ordinance 2023-05 repealing and replacing Chapter 9.64.010 of the Tulare Municipal Code pertaining to the City’s Transportation Demand Management Plan.

SUMMARY
At the March 21, 2023, regular meeting of the City Council, Council held the first reading of an ordinance repealing and replacing Chapter 9.64.010 of the Tulare Municipal Code pertaining to the City’s Transportation Demand Management Plan. Review of Chapter 9.64, “Transportation Demand Management Plan” of the Tulare Municipal Code identified a reference to Rule 9001 adopted by the San Joaquin Valley Unified Air Pollution Control District (District), which has since been repealed and replaced with Rule 9410. Local government agencies within the District were required to adopt Rule 9001 as part of their Transportation Demand Management Plan to demonstrate conformity with the District’s air quality implementation plan. The purpose of both the original Rule 9001 and revised Rule 9410 was to establish how air quality impacts associated with employment centers are analyzed and evaluated. The Rules define various mitigation measures that can be utilized by employers to claim reductions in the estimated trips generated by their business, thereby demonstrating reduced impacts of their operations to the region’s air quality. The proposed ordinance will correct Chapter 9.64.010 to reference Rule 9410 of the San Joaquin Valley Unified Air Pollution Control District, which is the appropriate, revised Rule addressing trip reduction measures for employment centers.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The City Attorney’s Office reviewed the ordinance prior to the first reading.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Ordinance 2023-05
Reviewed/Approved:

Item #: 7.4
Consent
ORDINANCE 2023-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING SECTION 9.64.010 OF CHAPTER 9.64 OF THE

TULARE MUNICIPAL CODE PERTAINING TO THE CITY OF TULARE

TRANSPORTATION DEMAND MANAGEMENT PLAN
WHEREAS, it has been determined Section 9.64.010 of the Tulare Municipal Code references Rule 9001 of the San Joaquin Valley Unified Air Pollution Control District (“DISTRICT”) relating to transportation demand management, which has since been repealed and replaced by the DISTRICT with Rule 9410; and WHEREAS, it is desired to amend said section of the Tulare Municipal Code to provide reference to Rule 9410 of the DISTRICT, which is the current and valid reference.; and
NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:

SECTION 1. Section 9.64.010 of the Tulare Municipal Code of Ordinances is hereby amended and replaced as follows:
§ 9.64.010 Plan adopted.

The City of Tulare hereby adopts Rule 9001 of the San Joaquin Valley Unified Air Pollution Control District, as administered by, and as amended from time to time by, the District, as the Transportation Demand Management Plan within the city. § 9.64.010 Plan adopted.

The City of Tulare hereby adopts Rule 9410 of the San Joaquin Valley Unified Air Pollution Control District, as administered by, and as amended from time to time by, the District, as the Transportation Demand Management Plan within the city.

SECTION 2. 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 3. 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.

ORDINANCE 2023-05

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the 4th day of April 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: April 4, 2023
Department: Information Technology Services
Submitted by: Jason Bowling, Chief Technology Officer
Agenda Title: Purchase of Servers for the Police Department

RECOMMENDED ACTION
Approve the funding and purchase of three servers for the Police Department using the NASPO Value Point Contract # MNWNC-108 for a total of $31,981.81; and authorize up to a 10% change order amount ($3,198.18) if required.

SUMMARY
The City of Tulare uses virtualized servers to run many of the systems of the Police department. Some of these systems include Computer Aided Dispatch (CAD), Records Management Systems (RMS), Property tracking, and other required miscellaneous databases/services. The existing servers have been in-place since early 2015. Existing servers have reached the end of their useful life and need to be replaced. The proposed servers are sized to be able to be used in the CAD/RMS replacement project.

Dell hardware will be procured under the State of California NASPO (National Association of State Procurements Officials) Value Point Contract # MNWNC-108. This is a cooperative purchasing agreement that is available to cities, counties, and special districts.

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of these servers will come from Fund 623 Equipment Replacement – Servers. (Revenue Account 623-273-113)

LEGAL REVIEW
This item does not require review by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Dell Quote # 3000148028920.1
Reviewed/Approved:

Item #: 7.5
Consent

Staff Report
Meeting: City Council
Date: April 4, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Grant Deed in Fee Interest & Certificate of Acceptance – Dayton Street

RECOMMENDED ACTION
Authorize the City Manager or his designee to execute a Grant Deed in Fee Interest and Certificate of Acceptance to the City of Tulare for acceptance of a street right-of-way dedication along the east side of Dayton Street located at 700 S. Dayton Street (APN 177-080- 004).

SUMMARY
Tentative Parcel Map No. 2021-01 has been submitted by Leandro Campos to create two parcels from one existing parcel located at 700 South Dayton Street (APN 177-080-004). The tentative parcel map was approved by the City of Tulare’s Parcel Map Committee on August 10, 2020, via Resolution No. 829. Construction of street and frontage improvements was required by the engineering conditions of approval for the tentative parcel map, which will require the dedication of additional street right-of-way to meet current City standards. The design of these improvements has been completed and approved by the City Engineer, and the required street right-of-way dedication has been identified. Dedication of the right-of-way is now being offered to the City by the subject Grant Deed in Fee Interest. If accepted, the dedication by separate instrument will be noted on the final parcel map.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The Grant Deed & Certificate of Conveyance will be reviewed for compliance with the applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes to Grant Deed may involve re-submittal by owner & further review by City. Additional costs would be borne by owner.

2. Deny – The Property Owner’s planned residential development on a newly created parcel, which has already commenced, would not be able to proceed. Roadway improvements on Dayton Street along the project’s frontage would not take place.

3. Table – The Property Owner’s planned residential development cannot pass final inspection, and roadway improvements cannot proceed, until Council acceptance of the street right-of-way dedication takes place.

Item #: 7.6
Consent

ATTACHMENTS

1. Grant Deed

2. Certificate of Acceptance

3. Parcel Map Committee Resolution No. 829
Reviewed/Approved:

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated March 27, 2023, from Leandro Campos, Owner, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on April 4, 2023, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grand Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk
!'If. teop
A RESOLUTION OF THE CITY OF 'fUlLARJE PARCEL MAP COMMITTEE 'J' FOR TENTATIVE PARCEL MAP APPLICATION NO. 2021-01
RESOLUTION NO. 829
WHEREAS, the Parcel Map Committee of the City of Tulare duly convened at a regular meeting on August I 0, 2020 and approved the request by Leonardo Campos to create 2 parcels of record from one existing parcel ( 177-080-004) on property located on the northeast corner of Dayton Street and Alpine Avenue. The development standards of the RM-2 (Multi-family Residential) zone district will be applied to the project; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map is in accordance with the objectives of the Zoning Title and the purposes of the District in which the site is located; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map provides required dedications and easements to be recorded by final parcel map; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map is in conformance with the goals and objectives of the General Plan; and, "WHEREAS, the Parcel Map Committee determined that the proposed parcel map will not have significant effect on surrounding properties and improvements in the vicinity of the project site; and, WHEREAS, the Parcel Map Committee determined that the proposed project is exempt pursuant to Section 153 15 of the California Environmental Quality Act of 1970, as amended; and, \>VHEREAS, the Parcel Map Committee determined that the proposed parcel map is consistent with the Tulare Municipal Code,
NOW, THEREFORE, BE IT RESOLVED by the Parcel Map Committee that the project is exempt pursuant to Section 15315 of the California Environmental Quality Act of 1970, as amended.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Parcel Map Committee that Tentative Parcel Map 2021-0 I is hereby approved and subject to the following conditions:

I) All requirements of Title l 0 shall be met.
2) A final map shall be recorded in substantial compliance with the tentative parcel map number 2021-01.
3) Applicant shall comply with the attached Engineering conditions.

Engineering Conditions:

STANDARD CONDITIONS OF APPROVAIL:
~- S:WL.il I
Resolution 829
TPM 2021-01 Page 1
TENTATIVE PARCEL MAP: I
Per section 8.24. l 50 (8) of the City of Tulare Code of Ordinances a tentative parcel map is required for the proposed subdivision of land.

OFFSITE IMPROVEMENTS:

Unless specified otherwise in Attachment A, offsite improvements can be deferred until the development of a given lot. Per the City Engineers requirements, offsite improvements beyond the frontage of said lot may be required to allow for the safe and orderly development of the remaining lots.

In a subdivision resulting in four or fewer lots, or as allowed by the Map Act for the subdivision to be recorded as a parcel map, if fulfillment of construction requirements is being deferred, the parcel map shall contain a statement, which reads substantially as follows:

NOTJCE: CERTAIN OFF-SITE AND/OR ON-SITE IMPROVEMENTS ARE REQUIRED fN

CONNECTION WITH THESE LOTS (CITY OF TULARE PARCEL MAP COMMITTEE RESOLUTION NO. ). NO PERSON MAY OBTAIN A BUILDfNG PERMIT

FOR ANY LOT ON THIS MAP UNTIL THE REQUIRED IMPROVEMENTS ARE

COMPLETED OR FINANCIAL SECURITY HAS BEEN POSTED WITH THE CITY TO ASSURE COMPLETION PRIOR TO BUILDING OCCUPANCY.

SOILS:

The Subdivider shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings. Said report shall be submitted to the City Engineer or Chief Building Official.

The Subdivider shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90% relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall be compacted to 95% relative compaction. Compaction tests are required on all trenches. All soils testing shall be performed at the sole cost of the Subdivider. The Subdivider shall establish an account with a licensed and certified so ii-testing firm acceptable to the City Engineer prior to the start of construction for compaction testing of trench backfill and fills. The City shall order and direct all compaction tests.

STREETS:

Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards.

Arterial street widths and design traffic indices shall be as noted in Attachment "A." Per Section 8.24.450 (A) (I) (d) of the City of Tulare Municipal Code Part-width streets shall contain a minimum of two 12-foot-wide travel lanes, an 8-foot-wide parking land and a 4-foot paved shoulder.

The structural section of all streets shall be not less than the minimum requirement of the City of Tulare Design Guide I ines and Public Improvement Standards. A greater thickness may be required by soi Is test results and engineered structural section calculations. The design of the pavement structural section for streets shall be asphalt concrete over aggregate base materials.

R-Value tests shall be taken for the design of all pavement areas to be constructed by this project. The spacing of said R-Value tests shall not be more than 400 feet apart, per linear foot of paving.

Resolution 829
TPM 2021-01 Page 2
All streets shall have the City standard cross section with curb, gutter and sidewalk.

All utility services shall be placed in the streets prior to paving.

Compaction tests are required on all street subgrades. All soil testing shall be performed at the sole cost of the Subdivider.

Knuckles and transition curves to knuckles shall have a minimum 50-foot radii.

The centerlines of all streets shall be the continuations of the centerlines of existing streets, or shall be offset at least two hundred (200) feet per Section 8.24.450 (A) (2) (b) of the City of Tulare Municipal Code.

The centerline curve radius for roadway design shall be based on the posted speed limit and have a minimum of 250 feet for local streets, 600 feet for collector streets, and 1,200 feet for arterial streets.

Provision for a smaller radius sh al I be subject to the approval of the City Engineer.

Street monuments shall be installed at locations as required by the City Engineer.

Driveway widths and spacing shall conform to requirements of City Code and the City of Tulare Design Guidelines and Public Improvement Standards.

Side lines of all lots wherever practicable shall be at right angles or radials to the centerline of the street.

Property line chamfers or radii are required at all street intersections per the requirements of the City of Tulare Design Guidelines and Public Improvement Standards.

The maximum slope adjacent to the back of any public sidewalk shall not exceed 5: I for the first 5 feet.

For Landscape and Lighting Act District parcels, the maximum slope between the back of the sidewalk and the wal I or fence shal I not exceed IO: 1.

Turnarounds are required at all dead encl streets, unless deemed not necessary by the Fire Department, Solid Waste Department, and the Engineering Department.

A barricade and a 2" x 8" rough redwood header shall be provided at dead end streets. As an option, an additional I-foot of paving beyond the required limits of paving may be installed in lieu of a redwood header.
[n conformance with Section 8.24.450 (A) ( I 0) of the City of Tulare Municipal Code, "street intersection shall be as near to a right angle as practicable."
If work by the Subdivider or his contractors render any existmg City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer. Thenceforth, the Subdivider shall maintain the street in its repaired state for the duration of the development's construction activities.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "rnasterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. Within 90 clays following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, 111 the form specified by the City Engineer, stating and supporting the cost of Resolution 829 -
TPM 2021-01 Page 3
constructing the oversize imp.overnents. If the financial statement is not , .. eel within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

UTILITY RELOCATIONS AND UNDERGROUNDING REQUIREMENTS:

The Subdivider shall be responsible for all costs associated with the removal, relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements. All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) (1) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the subdivision bonds.

SANITARY SEWERS:

Sanitary sewers shall be designed and constructed 111 accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

Sewer laterals shall be installed to the property lines of all lots before the streets are surfaced. Laterals shall be located per City of Tulare Design Guidelines and Public Improvement Standards, unless otherwise approved to accommodate driveway approach locations.

All sewer lines shall pass both mandrel and air pressure tests, and shall be subject to video inspection by the City. When required as part of a subdivision agreement, the cost of one video inspection of the Development's entire sewer line improvements shall be paid prior to recordation of the parcel map at the rate established at the time of recordation of the parcel map. The cost of any additional video inspections required shall be paid at the rate established at the time or inspection.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "rnasterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

STORM DRAINAGE:

The storm drain system shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

All pipe sizes where necessary shall be adjusted to carry the design flow at the final design slope.

All gutter runs shall be limited to I 000 feet by installing pipe and storm water inlets.

The minimum and maximum fall around curb returns shall be 0.64% and 1.5% respectively.

All storm drain lines shall be subject to video inspection by the City. When required as part of a subdivision agreement, the cost of one video inspection of the Development's entire storm drain line improvements shall be paid prior to recordation of the parcel map at the rate established at the time of recordation of the parcel map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.
- Resolution 829 -
TPM 2021-01 Page 4
The City shall reimburse the .ubdivider for oversize costs for any faci..ues designated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

FIRE HYDRANTS:

Fire hydrants are to be located as required by the Fire Chief and City Engineer.

EASEMENTS:

Easements will be required for all utilities outside of dedicated rights-of-way. Six-foot Public Utility Easements will be required along all street frontages unless specified otherwise by the City Engineer.

The Subdivider shall submit to the City of Tulare a title report for areas outside of the parcel to be developed where easements are to be dedicated for City utilities.

WATER SUPPLY:

Water mains shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

Water services shall be installed to the property line of all lots before the streets are surfaced. Services shall be located per City of Tulare Design Guidelines and Public Improvement Standards. The minimum horizontal distance between water services and sewer laterals (measured from outside of pipe to outside of pipe) shall be 10 feet.

The Engineer shall propose locations for water services that will accommodate ultimate driveway approach locations.

Individual minimum I" polyethylene water services with meter boxes and meter idlers per City standards shall be installed to all single-family residential lots. Minimum 2" polyethylene water services with meter boxes and meter idlers per City standards shall be installed to all multifamily, commercial, and industrial lots.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "rnasterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. Within 90 clays following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

Pressure. leakage, and purity tests are required on all City water system installations at the sole cost of the Subdivider .
.,. ·-· - ..... -----
Resolution 829
TPM 2021-01 Page 5
STREET NAMES:

Street names shall be approved by the Director of Planning and Building.

Street name sign posts shall be installed at each intersection as required by the City Traffic Engineer.

When required as part of a subdivision agreement, the subdivider shall pay for the new street name signs and mounting hardware prior to recordation of the parcel map, at the rate established at the time of recordation of the final map. Actual installation of the street name signs shall be completed by City personnel at such time that the development reaches a sufficient state of completion.

TRAFFIC SIGNS:

Types, sizes and locations of traffic signs shall be as required by the City Traffic Engineer and City standards.

PAVEMENT DELINEATION:

The Subdivider shall install and/or replace traffic striping, pavement markers, and pavement markings as required by the City Traffic Engineer.

STREET LIGHTS AND ELECTRICAL SERVlCE:

The Subdivider must make provisions for the underground installation of electrical services and street lighting. Pole type shall be marbelite. Fixture type shall be LED unless otherwise approved by City Engineer. Design of the street lighting system shall comply with the City of Tulare Design Guidelines and Public Improvement Standards, and shall be subject to the approval of the City Engineer. Subdivider shall provide the City Engineer with an AutoCAD drawing file used as the basis of street light layout.

The cost of the systems shal I be included in the subdivision bonds.

GAS SERVICE:

The Subdivider must make provisions for the installation of a gas distribution system in all streets and at the sizes determined by the Southern California Gas Company.

PRIVATE IRRIGATION PlPELINES:

Existing private irrigation pipelines will need to be removed within street right of ways. lRRIGATlON CANALS:

Per Section 8.24.500 (H) (1) of the City of Tulare Municipal Code, if any portion (other than TID's Main Canal) of an existing irrigation canal (including ditch banks and maintenance access roads) falls within the development or within City right-of-way affected by the project, said ditch shall be piped, relocated, or abandoned and shall be so designated on the plan drawings. The propo eel method of piping shall be shown on one of the master plans, if full piping does not occur within the first phase.

TELEPHONE/CABLE:

The Subdivider must make provisions for the installation of underground telephone and cable service.

Resolution 829
TPM 2021-01 Page 6
EXISTING STRUCTURES:

Any existing structures within the subdivision boundary shall be removed.

WELLS:

Any existing wells on the site shall be abandoned and sealed in accordance with City standards.

ELEV A TIONS:

Any elevations shall be based on the official City of Tulare datum.

GENERAL CONDITIONS:

All design and construction shall be in accordance with all applicable City Standards, Specifications, Ordinances, and Standard Operating Procedures, unless specifically modified elsewhere in these conditions. These engineering considerations are intended to deal with major issues apparent to this office while reviewing this tentative map. Nothing in these conditions precludes our office from applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction.

A City encroachment permit is required for any work to be performed within existing City rights-of-way or easements. A traffic control plan subject to the approval of the City Engineer is required for any work that will impact existing roadways. Encroachment permits may also be required by the State, Tulare Irrigation District and/or Union Pacific Railroad for any work impacting their rights-of-way, easements or facilities.

ADDITIONAL REQUIREMENTS:

Submit closures and tabulation of areas (square feet) of all lots within the subdivision. A blue line area shall also be submitted.

Provide the City of Tulare with three (3) prints of the parcel map of the subdivision, and three (3) prints of the improvement drawings for final checking.

Following approval of the parcel map, provide the City of Tulare with an electronic copy.

Following approval of the improvement drawings, provide the City of Tulare with one reproducible copy, four (4) prints and an electronic copy. This shall be done prior to scheduling any pre-construction conferences or commencing any improvements.

Submit to the City of Tulare a title report for the parcel(s) to be developed.

The Subdivicler's engineer will be required to certify in writing that all lot grading has been performed in accordance with the approved lot-grading plan prior to issuance of any building perm its.

Prior to constructing any improvement that involves City reimbursements, the Subdivider shall submit to the City copies of their contractor's bid prices to be reviewed and approved by the City Engineer. Such work must be performed at prevailing wage rates to be eligible for reimbursement. If the Subdivider fails to obtain approval of reimbursable costs before the start of construction, the City reserves the right to reduce the reimbursable cost if deemed excessive by the City Engineer.

Resolution 829
TPM 2021-01 Page 7
/
Prior to the start of construction. a meeting will be called by the City ..ngineer with the Subdivider, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays clue to conflicts of operation and to guarantee that all City requirements are 111et.

The Contractor shall perform no construction in the field until after this meeting.

This project involves construction activity including clearing, grading and excavation which 111ay require the filing a Notice of Intent with the State Water Resources Control Board under the General Permit to discharge storm water associated with construction activity, the preparation of a storm water pollution prevention plan, and monitoring program.

Prepared By: Jan Bowen, Engineering Department
Approved By: Michael Miller, City Engineer
Resolution 829
TPM 2021-01 Page 8
A TT A CHMENT "A"
The engineering considerations checked below shall be made a condition of approval of the subject subdivision.
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1) Master Plan drawings are needed for: Streets. A curb and gutter master plan showing future curb and gutter grades across the proposed project connecting to the existing curb and gutter north of the project site. The Master Plan shall be included with the first building permit application submitted for the project.
2) Existing curb and gutter, driveway approaches, sidewalk and ramped curb returns shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. 3) Roadway design criteria shall be as indicated below. Structural section design shall be based upon the indicated traffic index, but shall not be less than the minimum requirements of the City of Tulare Design Guidelines and Public Improvement Standards:

Traffic Sidewal
Roadway Classification Index k Width Sidewalk Configuration a)
b)
Dayton Street
Alpine Avenue
Local Street
Local Street

5.0 5.0
5'
5'
Adjacent to Curb
Parkway Pattern
D The Subdivider shall be responsible for the following minimum Arterial improvements:

D Full paveout from lip of gutter to the existing edge of pavement D Reconstruction of the following portions of existing pavement:

D Install medians (curbing only) within the following frontages:

D Provide at least feet of paving on the opposite side of the median D Provide stab ii ized shoulders on the opposite side of the street in accordance with the City of Tulare's adopted PM- IO control guide! ines
D Provide a pavement transition from the existing roadway cross-section to the new roadway cross-section, of a width and length as approved by the City Traffic Engineer
D Other:
■ The Subdivider shall be responsible for the following minimum improvements along existing non-arterial streets adjacent to this development:
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Resolution 829
TPM 2021-01 Page 9
■ Full paveout, from lip of gutter to the existing edge o, pavement 0 Reconstruction of the fo I lowing portions of existing pavement:
0 Rehabilitation of the following portions of existing pavement, by methods approved by the City Engineer
■ Other: Reconstruction or rehabilitation of the existing pavement by methods approved by the City Engineer.

D 4) Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: _
D 5) Waiver of direct access rights shall be provided as follows: _ D 6) The development shall incorporate the following traffic calming measures: _ D 7) The development shall incorporate the following bicycle/pedestrian facilities: _ D 8) The development shall incorporate City standard bus turnout(s) at the following location(s):

D 9) A Transportation Impact Study (TIS) identifying the project impacts and proposed mitigation measures shall be submitted to the City for review, and shall be subject to the approval of the City Engineer. The TIS shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements. The TIS shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating the project's impact to existing roadway facilities, the TIS shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Governments, and shall specifically address the project impacts and any appropriate mitigations to the following facilities: _
D I 0) A landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase to assist City staff in the formation of the Landscape & Lighting District. The landscape & irrigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 clays before approval of the parcel map or approval of the improvement plans (whichever comes first).

D 11) A Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local street maintenance. The Subdivider shall submit a completed Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minimum of 75 days before approval of the parcel map or approval of the improvement plans (whichever comes first). Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District.

D 12) A master plau fur sanitary sewer fur the entire development sha] l be submitted for approval prior to approval of any portion of the system.

Resolution 829
TPM 2021-01 Page 10
D 13) The sanitary sewer gnments shall be 6 feet north and/or east l, street centerline, unless other alignments are approved by the City Engineer, or as follows: _ D 14) A master plan for storm drainage for the entire development shall be submitted for approval prior to approval of any portion of the system.
■ 15) A grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road frontages in such a manner that runoff is not diverted to adjacent property. On-site retention of storm water runoff is D required ■ not required.

A letter verifying that lot grading was completed in accordance with the approved grading/ drainage plan shall be prepared by a Registered Civil Engineer or Licensed Architect and submitted to the City Engineer prior to the issuance of a notice of completion. The Engineer or Architect shall affix their stamp and seal to the letter.

D 16) The storm drain alignments shall be 11 feet south and/or west of centerline unless other alignments are approved by the City Engineer, or as follows: _ D 17) A master plan for water for the entire development shall be submitted for approval prior to approval of any portion of the system.

D 18) The water main alignments shall be 6 feet south and/or west of street centerline, unless other alignments are approved by the City Engineer, or as follows: _ D 19) Individual water services ( l Y/' minimum) with meter boxes shall be installed to all R-M-2 lots.

D 20) A water sampling station shall be installed as follows: _ D 21) The current emergency drought condition in the City and the entire State, as well as reduced production of certain wells in the City's system due to contamination, along with significant rise in water service demand on the City's system, has created a need for ensuring that future connections to the system do not adversely affect the City's ability to deliver safe water supply to all of its customers. A full analysis of project impacts to the City's overall water system shall be completed at Developer's expense. The analysis shall be based upon the City's official hydraulic model of the system, and shall be performed by the City's selected consultant. The scope and final determination of the analysis shall be subject to the approval of the Public Works Director, whose decision can be appealed to the Board of Public Utilities. Should the hydraulic model show that connection of the project shall have adverse impacts on the City overall water system, the Developer shall be required to mitigate the adverse impacts to the satisfaction of the Public Works Director and City Engineer prior to approval being granted for connection to the system.
■ 22) Miscellaneous Comments:
a The following right-of-way dedications may be required for street purposes: Alpine Avenue and Dayton Street right-of-way TBD.

Resolution 829
TPM 2021-01 Page 11
e The proposed uevelopment was conditioned under Site i- ,c111 Review Number SP20-39 (Dayton Street Duplex). Improvements beyond those listed above are required as part of this project and are incorporated herein by reference.

Resolution 829
TPM 2021-01 Page 12
ATTACHMENT "B"
The Subdivider shall pay to the City at the time of approval of the parcel map all applicable fees, including, but not limited to, those checked below:

Benefit Districts
■
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■
□
□
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I) Sewer front foot charges: $ 26.00 per front foot for frontages on Dayton Street and Alpine Avenue.
2) Sewer Lift Station Fee of$ per acre.
3) Water front foot charges: $ 17.50 per front foot for frontages on Dayton Street and Alpine Avenue.
4) Street front foot charges: $ per front foot for frontages on _ 5) Benefit District Creation Fee (if applicable): $ 1,008.19 per district. 6) Other: _
Speciai fo-Lieau Fees
□ 6) Traffic Signals Fee: $
□ 7) TID Ditch Piping Fee: $
□
8) Sewer Main Fee: $
□
9) Water Main Fee: $
□
10) Street Fee: $
□
I l) Other Fees: $
Plan Check, Inspection, and Impact Fees
12) Engineering Inspection Fee to be based on a percentage of the estimated cost of construction. ■ 13) Development Impact Fees to be paid with Building Permit at rates in effect at time of permit issuance.
14) Engineering Plan Review Fee to be paid at time of submittal. 15) Parcel Map Plan Check Fee to be paid at time of submittal.

Ail fees shall be based on the current fee schedule in effect at the time of recordation of the parcel map.

E WT == a-= __,-,
Resolution 829
TPM 2021-01 Page 13
PASSED, APPROVED AND ADOPTED this fifth day of April, 2021 by the following recorded vote:
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)
/SANDI MILLE~ AIRMAN
City of Tulare Parcel Map Committee
Resolution 829
TPM 2021-01 Page 14
Staff Report
Meeting: City Council
Date: April 4, 2023
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of Two Dodge Ram Trucks for the Police Department

RECOMMENDED ACTION
Award the purchase of two new/unused 2023 Dodge Ram Quad Cab trucks to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $92,982.68, which includes all fees, tax, and shipping.

SUMMARY
The City is a member of Sourcewell which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase two new/unused 2023 Dodge Ram 4x2 Quad Cab trucks from National Auto Fleet Group, of Watsonville, CA in the amount of $92,982.68.

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the vehicles will come from the Police Department Fleet Replacement Funds (Fund 604). The approved budget for these trucks was $125,000. The remaining $16,000 for each vehicle will be used to outfit the trucks similar to police vehicles with lights, radios, etc.

LEGAL REVIEW
This item does not require review by the City Attorney’s office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If not approved, the Police Department will have to continue to use the SUV type vehicles which will limit the amount of property they can transport for the homeless and transient population.

Item #: 7.7
Consent

ATTACHMENTS

1. Truck Specifications from the National Auto Fleet Group Reviewed/Approved:

Staff Report
Meeting: City Council
Date: April 4, 2023
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Lease Agreements for City Property

RECOMMENDED ACTION
Authorize the City Manager or designee to execute the documents necessary for new and extended leases for the following City properties, subject to minor conforming or clarifying changes acceptable to the City Attorney and City Manager: 1) 324 South N Street – Extend lease with Encore Theatre for 10 years; and 2) 6525 Dale Fry Road (Mefford Field Airport) – New lease with Mike Schoenau of Valley Aircrafts.

SUMMARY
The City of Tulare received a formal request letter from the Encore Theatre for the renewal of their lease for 10 years. Their most recent lease was signed on February 15, 2011, for a period of 10 years with an expiration date of February 15, 2021, and an option for a 10-year renewal with an expiration date of February 15, 2031. The delay in the request was due to the closure of the theater due to Covid-19. The Fire Marshal and the Office of Safety, Compliance and Facilities performed an inspection on this property with no major issues found (report attached). The rental price for said property for the original term of the lease, and for the 10- year renewal option thereafter for which the lease continues, shall be the sum of One Dollar ($1.00) per year payable in full for all ten years at the execution of the lease and the beginning of the renewal option period. Before finalizing this renewal, an appraisal will be performed by the RMA to request the proper amount of insurance policy required.

FISCAL IMPACT & FUNDING SOURCE(S)
Advertising for the lease of the 3 “T” hangers.

LEGAL REVIEW
This item will require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 8.1
General Business

ATTACHMENTS

1. Encore Theatre Company letter of interest dated March 16, 2023

2. Encore Theatre Company lease agreement dated February 15th, 2011

3. Encore Theatre Company letter of interest dated November 16, 2021

4. Encore Theatre Company building permit history

5. Encore Theatre Company fire Inspection report

6. Encore Theatre Company 324 South N Street map

7. Mefford Field Airport hangar 6525 Dale Fry Road map
Reviewed/Approved:

ATTACHMENT 1
ATTACHMENT 2

ATTACHMENT 3

ATTACHMENT 4

ATTACHMENT 5

324 South N street, Tulare, Ca 93274
ATTACHMENT 6
6525 Dale Fry Road
ATTACHMENT 7

Tulare City CouncilApril 4, 2023

Tulare City Council
April 4, 2023