Agenda packet — Tulare City Council, March 19, 2024

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, March 19, 2024
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 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 of residence, 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 Tuesday, March 19, 2024 City of Tulare Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Joshua Mateine, Pastor of Unchained Church, to deliver invocation.

3. 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 fifteen minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

4. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten 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 meeting.

5. COUNCIL REPORTS AND ITEMS OF INTEREST

6. 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.

6.1 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 by waived.

6.2 Minutes of the Regular and/or Special Meeting on March 5, 2024.

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

6.3 Second Reading and Adoption of Ordinance 2024-01 and 2024-02.

Recommended Action: Adopt Ordinance 2024-01 repealing Chapter 4.36 (Abandoned, Wrecked Vehicles) and enacting Chapter 7.29 (Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property) of the Tulare Municipal Code; and adopt Ordinance 2024-02 repealing and replacing Sections 7.28.020,

7.28.030, and 7.28.090 of Title 7 (Health and Sanitation), Chapter 7.28 (Nuisances Generally) of the Tulare Municipal Code. [M. Correa]

6.4 Conditional Acceptance of Tentative Parcel Map No. 2023-01.

Recommended Action: Subject to receipt of the signed parcel map, all fees, and other required items prior to May 18, 2024, conditionally approve tentative parcel map No. 2023-01 and accept all easements and dedications offered thereon to the City. [M.

Miller]
City Council Agenda – Regular Meeting Tuesday, March 19, 2024 City of Tulare Page 3

6.5 Acceptance of a Public Utility Easement for Project WT0055.

6.6 Grant of Easement and Certificate of Conveyance to SCE.

6.7 Purchase of 2025 Ford Police Interceptors.

Recommended Action: Award the purchase of 11 new/unused 2025 Ford Police Interceptor Utility (K8A)(AWD) vehicles to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $647,859.74. [T.

Whitfield]

6.8 School Resource Officer Agreement.

7. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council.

7.1 Amend the Master Fee Schedule.

Recommended Action: Adopt a resolution amending the City of Tulare’s Master Fee Schedule with regard to certain Engineering Division Fees. [M. Miller]

8. FUTURE AGENDA ITEMS

8.1 Amending City Truck Route Ordinance.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Sigala]

8.2 Funding for the Arts in the City of Tulare.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Sigala]

9. STAFF UPDATES

10. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 2, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City Council Agenda – Regular Meeting Tuesday, March 19, 2024 City of Tulare Page 4

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Wednesday, March 13, 2024
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: March 19, 2024 Agenda Memo
Date: March 13, 2024
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. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public. 7:00 p.m. - REGULAR MEETING

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Joshua Mateine, Pastor of Unchained Church, to deliver invocation.

4. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten 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. [Time Estimate: 7:20- 7:20 p.m.]

5. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20-7:25 p.m.]

6.1 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.

6.2 Minutes of the Regular and/or Special Meeting on March 5, 2024.

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

6.3 Second Reading and Adoption of Ordinance 2024-01 and 2024-02.

7.28.030, and 7.28.090 of Title 7 (Health and Sanitation), Chapter 7.28 (Nuisances Generally) of the Tulare Municipal Code. [M. Correa]
Summary: Staff is proposing changes to a few sections of the municipal code that are commonly used to fight visual blight in the city. The changes would assist staff by providing a solid foundation for enforcement action.

The proposed changes as discussed with Council on January 16, 2024, include the following:
• Repealing Chapter 4.36 (Abandoned, Wrecked Vehicles) of the Tulare Municipal Code. This section, with modifications as discussed with Council, will be enacted as Chapter 7.29 (Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property). This moves the section pertaining to abandoned, wrecked, dismantled, and inoperative vehicles from Title 4 (Building Regulations) to Title 7 (Health and Sanitation).
• Revising the Abandoned, Wrecked Vehicle code authority from the Police Chief or his/her designee to the City Manager or his/her designee. • Amending the definition of Abandoned Vehicle
o ABANDONED VEHICLE. Any vehicle, which has been left on private property or public property in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded; except, if the vehicle is stored as provided in § 7.29.030(B) of the city code. A vehicle shall not be considered abandoned if it is on property owned or occupied by the owner of the vehicle. • Adding definitions to the code to further define the following:
o DISMANTLED VEHICLE. Means any vehicle that is partially or wholly disassembled.
o INOPERATIVE VEHICLE. Means any motor vehicle designed to be operated on a public roadway that cannot be moved under its own power, and which is not currently registered for operation with the California Department of Motor Vehicles. A Planned Non-Operation (PNO) will be recognized as current registration.

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Agenda Memo - March 19, 2024
o WRECKED VEHICLE. A vehicle which has been wrecked, or which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state. • Updating the language pertaining to entering property o (A) The Police Chief City Manager or their designee, or the employees in the City Manager’s Department and other persons authorized by the City Manager, may enter upon private or public property to examine a vehicle and to obtain information as to the ownership and identity of a vehicle when enforcing this chapter only with the consent of the owner or tenant unless a written order from the court has been issued.

Staff is also proposing to amend sections of Chapter 7.28 of the Tulare Municipal Code as follows:
• Adding a definition for Dismantled Vehicle, Inoperative Vehicle, and Wrecked Vehicle. These definitions are the same as those provided in Chapter 7.29 (see above).
• Adding a definition for Accessory Vehicle
o ACCESSORY VEHICLE. Means and includes recreational vehicles, travel trailers, campers, motorhomes, caravans, tent trailers, pop-up trailers, boats, watercraft, and/or utility, vehicle, or dump trailers.
• Adding a provision that all operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored on an approved surface (Section 7.28.030(P)(5)(c)(1) provides exemptions to parking on an approved surface). This addition would also give Code Enforcement the authority in the NUISANCE section in addition to ZONING. • Adding a provision that utility connections for water, sewer, or electrical cords or any type of power cords shall not extend from any such vehicle to a permanent structure for the purpose of receiving power to the vehicle for the purpose of maintaining human habitation.
• Adding regulations for storing accessory vehicles.
• Adding a section that regulates fences and walls, their maintenance, and the types of materials both approved and prohibited in their construction. • Adding the following verbiage to Section 7.28.090 regarding keeping articles on and/or obstructing sidewalks.
o It is unlawful for any person to loiter, stand or sit in or upon any public highway, alley, sidewalk, or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner accost or molest persons passing along the same.

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Agenda Memo - March 19, 2024
On March 5, 2024, the first reading occurred, and the Council passed to print the proposed ordinances.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: Yes, review has been done.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

6.4 Conditional Acceptance of Tentative Parcel Map No. 2023-01.

Miller]
Summary: The Tulare Parcel Map Committee adopted Resolution No. 856 on September 25, 2023, approving Tentative Parcel Map No. 2023-01 located on the northwest corner of Bardsley Avenue and Nelder Grove Street. The overall project comprises approximately 12.6 acres. The proposed parcel map will create nine parcels for commercial use.

To expedite the parcel map approval process, the developer is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60 days. Such requests for conditional approval have routinely been accommodated.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes - Changes would result in a delay to the approval of the Tentative Parcel Map No. 2023-01, which would impact the timeline for the subsequent development of the commercial properties; 2) Deny - Should Council opt to deny the request for conditional acceptance, subsequent development of the commercial properties may be jeopardized due to the Subdivider’s inability to meet deadlines related to the sale of property; or 3) Table - Delay resulting from tabling this item may jeopardize the subsequent development of the commercial properties due to the Subdivider’s inability to meet conditions related to the sale of property.

6.5 Acceptance of a Public Utility Easement for Project WT0055.

Recommended Action: Accept a Grant of Easement for public utilities purposes from Quest Equity, LLC on property (APN 166-020-032) located east of Highway 99 and south of the Corvina Avenue alignment for the construction of a water main connection between Gem Street and Corvina Avenue as identified in the City’s Water Tulare City Council Page 5
Agenda Memo - March 19, 2024
Master Plan; and authorize the City Manager or his designee to sign the Certificate of Acceptance for the same. [M. Miller]
Summary: The City is actively engaged in a capital improvement project to construct a master plan water main crossing under Highway 99 between Prosperity Avenue and Cartmill Avenue. The selected alignment for the crossing is near the intersection of Washington Avenue and Gem Street. Along with the crossing, the project will extend the water main across the property on the east side of Highway 99 to a future point of connection in the Corvina Avenue alignment west of Retherford Street. Staff has worked with the property owner, Quest Equity, LLC, to obtain the necessary public utility easement for construction of the water main crossing and extension.

A Grant of Easement for the public utility easement has been executed by the property owner and awaits recordation pending Council approval. A Certificate of Acceptance signed by the City Manager will need to be recorded along with the Grant of Easement.

Fiscal Impact & Funding Source(s): Project WT0055: Fund 610 – Water CIP (Federal Earmark-EPA Grant); Fund 260 – DIF - Water Facilities Category Legal Review: The standard format used by staff for Grants of Easement and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - CIP Project WT0055 to construct a master plan water main crossing of Highway 99 would not be able to proceed. No optional alignments have been identified; or 3) Table - The resulting delay could jeopardize the City’s ability to meet deadlines associated with federal earmark funding for the project.

6.6 Grant of Easement and Certificate of Conveyance to SCE.

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 Outlot D of the Farrar Estates No. 2 subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: As part of the subdivision improvements for Phase 2 of the Farrar Estates subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivision’s Morrison Street frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level. SCE is proposing to locate these structures and conduit within the Farrar Estate subdivision’s landscape lot along the west side of Morrison Street. Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots that are not also designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground Tulare City Council Page 6
Agenda Memo - March 19, 2024
existing SCE infrastructure, and portions of that infrastructure are located outside of the City street right-of-way.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The submittal from SCE follows their standard format and has been accepted in prior SCE easement dedication requests made to the City.

Alternative Action: 1) Approve with changes - Changes made to the easement would require a new submittal from the applicant and review by staff. Changes would be brought to a later Council meeting for acceptance of Grant of Easement and Certificate of Conveyance; 2) Deny - Denial of the easement request would not allow SCE to construct, maintain and repair utilities located in these lots, and in turn would not allow the Developer to complete the Morrison Street frontage improvements that were required as a condition of approval for the Farrar Estates subdivision; or 3) Table - Tabling the SCE easement request would delay SCE’s ability to proceed with the relocation and undergrounding of their utilities and would impact the Developer’s ability to complete Pacific Avenue frontage improvements in a timely manner.

6.7 Purchase of 2025 Ford Police Interceptors.

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 the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase 11 new/unused 2025 Ford Police Interceptor Utility vehicles from National Auto Fleet Group, of Watsonville, CA in the amount of $647,859.74.

The FY 2023/24 budget included the purchase of seven new Police Interceptor replacement vehicles with a budget of $75,000 for each unit. Five of those units have been on order since March 24, 2023, when the Council approved replacing the hybrid vehicles previously on order with Ford Police Interceptors. The additional two units being purchased are for the replacement of two units that were totaled in recent events (Units 3113 and 3128). The cost of those two units will be covered by insurance proceeds.

The additional seven units requested to be ordered have been requested by the Police Department for the FY 2024/25 budget in the amount of $75,000/unit. Due to the size of the patrol vehicle fleet, the PD annually requests to replace seven units a year. There are adequate funds in the budget to cover this purchase. Staff does not anticipate receiving these units at a minimum of six months from now. With the long lead time to obtain vehicles once ordered, staff is requesting to order these units now while the window to place orders is open.

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Agenda Memo - March 19, 2024
The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. Due to time constraints to issue a purchase order to secure vehicle orders, the City Manager approved the issuance of a purchase order to secure the build of the vehicles. If the City Council does not approve this item, the build will be cancelled, and we will have to wait for availability of the 2026 model year Police Utility Interceptors.

Fiscal Impact & Funding Source(s): The total cost for each unit will be $58,896.34 with a total cost of $647,859.74. The remaining funds for each vehicle will be used to fully outfit the units for service. The Police Department has the funding in their Equipment Replacement Fund. These vehicles will satisfy the FY 2023/24 and FY 2024/25 budget requests for replacement units.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If this request is denied, staff will cancel the order of the 11 new/used 2025 Ford Police Inceptor Utility vehicles.

6.8 School Resource Officer Agreement.

Recommended Action: Authorize the City Manager, or designee, to execute an agreement with the Tulare City School District for the School Resource Officer Program to be effective through June 30, 2026. [M. Machado] Summary: The Tulare City School District (“District”) has engaged with the City of Tulare for their School Resource Officer (“SRO”) Program for many years. Through this program, the City provides police officers for the purpose of providing additional security measures and consulting services related to security measures.

Currently, the City provides two full-time police officers for use in the District’s SRO Program for the 180 days of the District school year. The District reimburses the City for the costs for two police officers which include salary, benefits, workers’ compensation insurance, and required retirement contributions; however, in the event that either police officer is absent from the District for more than 20 days of the 180 days in a school year, the amount paid by the District will be adjusted by the police officers daily rate for each day absent beyond the 20 days.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The agreement was reviewed and approved by the City Attorney’s Office.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

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Agenda Memo - March 19, 2024

7. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council. [Time Estimate: 7:35-7:50 p.m.]

7.1 Amend the Master Fee Schedule.

Recommended Action: Adopt a resolution amending the City of Tulare’s Master Fee Schedule with regard to certain Engineering Division Fees. [M. Miller] Summary: On April 21, 2020, the Council adopted Resolution 2020-16 establishing a schedule of fees and charges for City services. Certain engineering fees were later modified by Resolution 2022-18, which was adopted by Council on May 17, 2022. The Engineering Division has now identified additional revisions described below to the fees it charges, which are recommended for Council approval:

Public Improvement Inspection Fees (Engineering Division Fee #’s 6, 7, 8, 9, & 10) Upon review, it has been determined that certain language contained within the Master Fee Schedule established by Resolution 2022-18 pertaining to the Engineering Division’s processing of Public Improvement Inspections needs revision to better clarify the basis of fees. The Public Inspection Fee is a stepped fee based upon the value of the improvements being installed and was initially established in accordance with the recommendations of the 2018 Master Fee Study prepared by Willdan Financial Services. The fee was intended to be based upon the following criteria:

Step Estimated Value of Improvements Public Improvement Inspection Fee Step 1 Up to and including $5,000 6% of estimated value of improvements Step 2 Next $20,000 of estimated value Additional fee of 5% of Step 2 Value Step 3 Next $75,000 of estimated value Additional fee of 5% of Step 3 Value Step 4 Next $150,000 of estimated value Additional fee of 4% of Step 4 Value Step 5 All amounts of the estimated value in
excess of $250,000
Additional fee of 2% of Step 5 Value
The structure of the fee was modeled upon that used by the City of Hanford in their master fee schedule, with the only intended deviation being slight increases in the percentages used in calculating fees for the Step 3 and 4 categories. Unfortunately, in the Master Fee Schedule adopted as a result of the 2018 study and carried over into the revisions adopted in 2022, the language describing the “Value of Improvements” category for Step 5 used the same language of the prior steps and stated, “Next $250,000 of estimated cost of improvements.” This language can be construed as creating a maximum limit of $500,000 on the value of improvements used to calculate the Public Improvement Inspection Fee. Under such an interpretation, the maximum fee that could be charged would be $16,050. On larger projects such as major subdivision or commercial projects requiring significant resources for inspection services, the Engineering Division would experience a substantial shortfall in the revenues generated to cover the cost of services provided. Since the adoption of the Master Fee Schedule based on the 2018 Master Fee Study, staff has been able to collect fees based upon the original intent of the fee structure; however, it is recommended that revisions to the Master Fee Schedule be formally adopted to address the incongruent language.

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Agenda Memo - March 19, 2024
Fiscal Impact & Funding Source(s): The proposed revisions to the Engineering Division fees in the City’s Master Fee Schedule are necessary to ensure that sufficient revenues are generated to fund the Division’s public improvement inspection services.

Acct. # 008-4630
Legal Review: N/A
Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to approve the subject resolution, additional general fund dollars may be necessary to subsidize the operations of the Engineering Division; or 3) Table - Postponing the recommended corrections to the subject Engineering Division fees extends the risk of misinterpretation or challenge by Developers.

8. FUTURE AGENDA ITEMS [Time Estimate: 7:50-7:55 p.m.]

8.1 Amending City Truck Route Ordinance.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Sigala]

8.2 Funding for the Arts in the City of Tulare.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Sigala]

9. STAFF UPDATES [Time Estimate: 7:55-8:00 p.m.]

10. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 2, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, March 5, 2024
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 U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Mark
Roberts; 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 Shonna Oneal; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling; Safety, Compliance &
Facilities Officer Manny Correa
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

1. CALL TO ORDER
Mayor Sayre called the regular meeting of the City Council to order at 7:01 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Mederos led the Pledge of Allegiance, and an invocation was given by Vice Mayor Isherwood.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Women’s History Month - March 2024. Mayor Sayre read a proclamation proclaiming March 2024 as Women’s History Month in the City of Tulare.

3.2 Recognition of International Women’s Day and Women’s History Month.

Mayor Sayre honored Cathy Mederos. Councilmember Sigala honored Heidi Clark. Councilmember Harrell honored Barbara Harrell. Councilmember Mederos honored Adrianne Hillman. Vice Mayor Isherwood honored Shelley Bergman.

Mayor Sayre called for a short recess.

The meeting was reconvened at 7:44 p.m.

Item #: 6.2
Consent
City Council Meeting Minutes March 5, 2024
City of Tulare Page 2

4. PUBLIC COMMENTS
The following provided public comment: Donnette Silva-Carter provided various Chamber updates.

5. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

7. CONSENT CALENDAR
Item 7.7 was removed from the Consent Calendar by 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 item 7.7.

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/or Regular Meeting Minutes of February 20, 2024.

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

7.3 EN0088 Prosperity & West Traffic Signal Project – SCE Pole Relocation.

Recommended Action: Authorize the City Manager to sign an invoice from Southern California Edison Company for the amount of $233,123.78 for the relocation of their existing facilities within the right-of-way of Prosperity Avenue as required to accommodate construction of public improvements for the Prosperity and West Traffic Signal Project. [M. Miller]

7.4 Hidden Ridge Subdivision Notice of Completion.

Recommended Action: Accept the required public works improvements for Hidden Ridge subdivision located on the north side of Bardsley Avenue approximately 2,300 ft east of Morrison Street as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]

7.5 De La Vina Street Traffic Signal Notice of Completion.

Recommended Action: Accept the required public works improvements for a traffic signal located at the De La Vina Street and Cartmill Avenue intersection associated with the Kensington Estates Phase 3 and 4 residential subdivisions as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]
City Council Meeting Minutes March 5, 2024
City of Tulare Page 3

7.6 Design Consultant Contract Amendment – EN0074 Cross Avenue Improvements Project.

Recommended Action: Authorize the City Engineer to sign a contract amendment for $36,060 with 4Creeks of Visalia, CA for additional design services related to City Project EN0074 – Cross Avenue Improvements; and approve a revised project sheet reflecting both the revised contract cost and actual property acquisition costs incurred to date. [M. Miller]

PULLED CONSENT CALENDAR ITEMS

7.7 Right-of-way Acquisition Services Contract - EN0078 Bardsley Avenue Sidewalk Project.

Recommended Action: Review and approve a contract with Paragon Partners Consultants, Inc. for right-of-way appraisal and acquisition services associated with CIP Project EN0078 – Bardsley Avenue Sidewalk Project in the amount of $26,810.00; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the contract award amount; and approve the revised project sheet reflecting increased project scope and costs. [M. Miller]
Council Action: Councilmember Sigala pulled this item to make suggestions. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as recommended in the staff report along with the City Manager’s recommendation that there be a condemnation process in place at the same time in case that may be needed to help move this project forward in a timely manner.

8. GENERAL BUSINESS

8.1 Oppose Initiative 21-0042A1.

Recommended Action: Adopt a resolution opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.

Presented By: City Manager Marc Mondell; Lobbyist Andres Ramirez Public Comment: None
Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

8.2 Municipal Code Revisions.

Recommended Action: Pass to print an ordinance repealing Chapter 4.36 (Abandoned, Wrecked Vehicles) and enacting Chapter 7.29 (Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property) of the Tulare Municipal Code; and pass to print an ordinance repealing and replacing Sections

7.28.020, 7.28.030, and 7.28.090 of Title 7 (Health and Sanitation), Chapter 7.28 (Nuisances Generally) of the Tulare Municipal Code.

Presented By: Safety, Compliance & Facilities Officer Manny Correa Public Comment: Steve Celentano commented on issues with abandoned vehicles and recreation vehicles on the streets.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as modified to strike “or Board of Supervisors” from section 7.29.100.

City Council Meeting Minutes March 5, 2024
City of Tulare Page 4

8.3 American Rescue Plan Act (ARPA) Fund Allocation.

Recommended Action: Approve the allocation of expenditures of American Rescue Plan Act (ARPA) Funds toward councilmember-identified programs and projects; and adopt a resolution approving the expenditure of $105,453 of ARPA funds.

Presented By: Assistant City Manager Josh McDonnell
Public Comment: None
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as modified to include an additional $500 allocation from Mayor Sayre to the Tulare Historical Museum.

9. FUTURE AGENDA ITEMS

9.1 Request for Rezoning of Parcel.

Council Action: It was the consensus of Council to have staff add this item to a future agenda for discussion.

10. STAFF UPDATES
Staff provided updates on department activities.

11. ADJOURNMENT
The regular meeting was adjourned at 9:04 p.m.

Approved by Council: March 19, 2024

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 19, 2024
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Second Reading and Adoption of Ordinance 2024-01 and 2024-02

RECOMMENDED ACTION
Adopt Ordinance 2024-01 repealing Chapter 4.36 (Abandoned, Wrecked Vehicles) and enacting Chapter 7.29 (Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property) of the Tulare Municipal Code; and adopt Ordinance 2024-02 repealing and replacing Sections 7.28.020, 7.28.030, and 7.28.090 of Title 7 (Health and Sanitation), Chapter 7.28 (Nuisances Generally) of the Tulare Municipal Code.

SUMMARY
Staff is proposing changes to a few sections of the municipal code that are commonly used to fight visual blight in the city. The changes would assist staff by providing a solid foundation for enforcement action.

The proposed changes as discussed with Council on January 16, 2024, include the following:
• Repealing Chapter 4.36 (Abandoned, Wrecked Vehicles) of the Tulare Municipal Code.

This section, with modifications as discussed with Council, will be enacted as Chapter

7.29 (Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property).

This moves the section pertaining to abandoned, wrecked, dismantled, and inoperative vehicles from Title 4 (Building Regulations) to Title 7 (Health and Sanitation). • Revising the Abandoned, Wrecked Vehicle code authority from the Police Chief or his/her designee to the City Manager or his/her designee. • Amending the definition of Abandoned Vehicle
o ABANDONED VEHICLE. Any vehicle, which has been left on private property or public property in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded; except, if the vehicle is stored as provided in § 7.29.030(B) of the city code. A vehicle shall not be considered abandoned if it is on property owned or occupied by the owner of the vehicle.
• Adding definitions to the code to further define the following:
o DISMANTLED VEHICLE. Means any vehicle that is partially or wholly disassembled.
o INOPERATIVE VEHICLE. Means any motor vehicle designed to be operated on a public roadway that cannot be moved under its own power, and which is not currently registered for operation with the California Department of Motor Vehicles. A Planned Non-Operation (PNO) will be recognized as current registration.

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o WRECKED VEHICLE. A vehicle which has been wrecked, or which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state. • Updating the language pertaining to entering property o (A) The Police Chief City Manager or their designee, or the employees in the City Manager’s Department and other persons authorized by the City Manager, may enter upon private or public property to examine a vehicle and to obtain information as to the ownership and identity of a vehicle when enforcing this chapter only with the consent of the owner or tenant unless a written order from the court has been issued.

Staff is also proposing to amend sections of Chapter 7.28 of the Tulare Municipal Code as follows:
• Adding a definition for Dismantled Vehicle, Inoperative Vehicle, and Wrecked Vehicle.

These definitions are the same as those provided in Chapter 7.29 (see above). • Adding a definition for Accessory Vehicle
o ACCESSORY VEHICLE. Means and includes recreational vehicles, travel trailers, campers, motorhomes, caravans, tent trailers, pop-up trailers, boats, watercraft, and/or utility, vehicle, or dump trailers.
• Adding a provision that all operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored on an approved surface (Section 7.28.030(P)(5)(c)(1) provides exemptions to parking on an approved surface). This addition would also give Code Enforcement the authority in the NUISANCE section in addition to ZONING.
• Adding a provision that utility connections for water, sewer, or electrical cords or any type of power cords shall not extend from any such vehicle to a permanent structure for the purpose of receiving power to the vehicle for the purpose of maintaining human habitation.
• Adding regulations for storing accessory vehicles.
• Adding a section that regulates fences and walls, their maintenance, and the types of materials both approved and prohibited in their construction. • Adding the following verbiage to Section 7.28.090 regarding keeping articles on and/or obstructing sidewalks.
o It is unlawful for any person to loiter, stand or sit in or upon any public highway, alley, sidewalk, or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner accost or molest persons passing along the same.

On March 5, 2024, the first reading occurred, and the Council passed to print the proposed ordinances.

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

LEGAL REVIEW
Yes, review has been done.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ALTERNATIVE ACTION

1. Ordinance to Repeal Chapter 4.36 and Enact Chapter 7.29

2. Ordinance to Amend Chapter 7.28
Reviewed/Approved:

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ORDINANCE 2024-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING CHAPTER 4.36 (ABANDONED, WRECKED VEHICLES) AND ENACTING CHAPTER 7.29 (ABANDONED, WRECKED, DISMANTLED, OR

INOPERATIVE VEHICLES ON PRIVATE PROPERTY) OF THE TULARE MUNICIPAL CODE
WHEREAS, it is the desire of this Council to define the conditions for abandoned, dismantled, inoperative, and wrecked vehicles as they pertain to the Tulare Municipal Code; and
WHEREAS, there is a need to update Section 4.36.060 (Entering Property) to protect residents against violations of their Fourth Amendment rights; and WHEREAS, there is further need to transfer authority of Chapter 4.36 from the Police Chief and/or Fire Marshal to the City Manager; and WHEREAS, there is a desire to remove Chapter 4.36 (Abandoned, Wrecked Vehicles) of the Tulare Municipal Code from Title 4 (Building Regulations) to Title 7 (Health and Sanitation) with the enactment of Chapter 7.29 (Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property); and WHEREAS, the enactment of Chapter 7.29 will include the same provisions in Chapter 4.36 while addressing the definitions for abandoned, dismantled, inoperative, and wrecked vehicles; updating language regarding consent to enter property for purpose of inspection; and transferring authority over the chapter to the City Manager; and
WHEREAS, the City Council declares these revisions herein are require to maintain the immediate preservation of the public peace, health, and safety of the citizens of Tulare.

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

SECTION 1. Chapter 4.36 of the Tulare Municipal Code is hereby repealed.

SECTION 2. Chapter 7.29 of the Tulare Municipal Code is hereby enacted and shall read as follows:

CHAPTER 7.29

ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES ON

PRIVATE PROPERTY
Sections:

7.29.010 Nuisance declared.

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7.29.020 Definitions.

7.29.030 Exceptions.

7.29.040 Chapter not exclusive.

7.29.050 Enforcement.

7.29.060 Entering property.

7.29.070 Voluntary compliance.

7.29.080 Notice of intention to abate.

7.29.090 Request for hearing.

7.29.100 Failure to request hearing - Removal - Costs.

7.29.110 Public hearing.

7.29.120 Conduct of hearing.

7.29.130 Decision by City Manager or designee.

7.29.140 Appeal.

7.29.150 Removal of vehicle.

7.29.160 Reconstruction of vehicle.

7.29.170 Notice to Department of Motor Vehicles.

7.29.180 Collection of costs.

7.29.190 Costs - Payment by state.

7.29.010 Nuisance declared.

In addition to and in accordance with the determination made and the authority granted by the State of California, under Cal. Vehicle Code § 22660, to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety, and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof, on private or public property including highways, except as expressly herein permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

7.29.020 Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter.

ABANDONED VEHICLE. Any vehicle, which has been left on private property or public property in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded; except, if the vehicle is stored as provided in § 7.29.030(B) of the city code. A vehicle shall not be considered abandoned if it is on property owned or occupied by the owner of the vehicle.

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ADMINISTRATIVE COSTS. The costs to the city, and to the county when acting on behalf of the city pursuant to an agreement of performing the acts required under this chapter, except the actual removal of the vehicle. The City Council may, from time to time, by resolution, determine the administrative costs for the removal of each vehicle removed by the city if the vehicle is removed without a hearing pursuant to § 7.29.100 of this chapter. When the acts required by this chapter are performed by the county acting on behalf of the city, the administrative costs, if the vehicle is removed without a hearing, shall be that amount to be determined from time to time by the Board of Supervisors to be the administrative costs of removal of abandoned vehicles from unincorporated areas of Tulare County rather than the amount determined by the City Council. In those cases in which the City Manager, or designee, conducts a hearing pursuant to § 7.29.110 of this chapter, they shall fix and determine the administrative costs which shall be the actual cost of performing acts pertaining to the specific vehicle which is the subject of the hearing.

COST OF REMOVAL. The actual cost to the city of having the vehicle removed. The City Council may, from time to time, by resolution, determine the cost of removal.

DISMANTLED VEHICLE. Means any vehicle that is partially or wholly disassembled.

HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term HIGHWAY includes STREETS.

INOPERATIVE VEHICLE. Means any motor vehicle designed to be operated on a public roadway that cannot be moved under its own power, and which is not currently registered for operation with the California Department of Motor Vehicles. A Planned Non-Operation (PNO) will be recognized as current registration.

PUBLIC PROPERTY. Includes HIGHWAY.

VEHICLE. A device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. The term VEHICLE also includes any part or portion of a vehicle which is less than a whole vehicle, and all of the provisions of this chapter apply to a part or portion of a vehicle which is less than a whole vehicle.

WRECKED VEHICLE. A vehicle which has been wrecked, or which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state.

7.29.030 Exceptions.

This chapter shall not apply to:
(A) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

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(B) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Cal. Vehicle Code Chapter 10 (Commencing with § 22650) of Division 11.

7.29.040 Chapter not exclusive.

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

7.29.050 Enforcement.

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager, or designee, and the employees in the City Manager’s Department or other persons authorized by the City Manager to administer and enforce this chapter.

7.29.060 Entering property.
(A) The City Manager, or designee, or the employees in the City Manager’s Department and other persons authorized by the City Manager may enter upon private or public property to examine a vehicle and to obtain information as to the ownership and identity of a vehicle when enforcing this chapter only with the consent of the owner or tenant unless a written order from the court has been issued. (B) If the city enters into a contract with any person to remove or cause the removal of vehicles which have been declared to be public nuisances pursuant to this chapter, the person may enter upon private or public property to remove the vehicles. (C) Every person is guilty of a misdemeanor who in any way denies, obstructs, or hampers the entrance of the persons mentioned in this section upon private or public property to carry out the aforementioned duties or who denies, obstructs, or hampers the performance of the duties by the persons after they have entered the property.

7.29.070 Voluntary compliance.

If it appears to the City Manager, or designee, that an abandoned, wrecked, dismantled, or inoperative vehicle is located on private or public property, they may follow such administrative procedures to secure voluntary removal of the vehicle as appear advisable in each individual case prior to giving a notice of intention to abate pursuant to § 7.29.070 of this chapter.

7.29.080 Notice of intention to abate.

If the City Manager, or designee, cannot secure voluntary removal of the vehicle, pursuant to § 7.29.070 of this chapter, they shall give written notice of intention to abate

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and remove the vehicle. The notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that they may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with the reasons for the denial, in lieu of appearing.

The notice of intention to abate shall be mailed, by certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.

7.29.090 Request for hearing.

The registered or legal owner of the vehicle or the owner of the land on which the vehicle is located may request a hearing on the question of abatement and removal of the abandoned, wrecked, dismantled, or inoperative vehicle and on the question of assessment of the administrative costs and cost of removal against the property on which it is located. The request for a hearing shall be in writing and shall be filed with the City Manager, or designee, not more than ten days after the date on which the notice of intention described in § 7.29.080 of this chapter was mailed by the City Manager, or designee. If the owner of the land on which the vehicle is located files with the City Manager, or designee, a sworn statement denying responsibility for the presence of the vehicle on his or her land within the ten-day period, the statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request.

7.29.100 Failure to request hearing - Removal - Costs.

If no hearing is requested within the time limit specified in § 7.29.090 of this chapter, the City Manager, or designee, shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard, or refuse disposal site. Except as otherwise provided in § 7.29.190 of this chapter, when no hearing has been requested, the owner shall be required to pay the administrative costs, as determined by the City Council, and the cost of removal, as determined by the City Council in accordance with § 7.29.020 of this chapter. The City Manager, or designee, shall send a request for payment of the costs to the owner of the property by regular mail and if he or she does not pay the costs within 30 days after the date on which the letter was mailed, the procedure set forth in §

7.29.180(C) of this chapter shall be followed.

7.29.110 Public hearing.

If a public hearing has been requested in accordance with the provisions of § 7.29.090 of this chapter, a public hearing shall be held on the question of abatement and removal of a vehicle as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and cost of removal against the property on which it is located. The City Manager, or designee, shall cause notices of the time and place of the hearing to be sent by regular mail to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices shall be mailed at least ten days

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before the date of the hearing.

7.29.120 Conduct of hearing.

The public hearings under this chapter shall be conducted by the City Manager, or designee. The City Manager, or designee, shall hear all pertinent evidence offered by all interested persons, including testimony on the condition of the vehicle and the circumstances concerning its location on private property or public property. The technical rules of evidence shall not be applicable to the hearing. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement for consideration at the hearing. The owner of the land may deny responsibility for the presence of the vehicle on the land, with their reasons for the denial.

7.29.130 Decision by City Manager or designee.
(A) At the conclusion of the public hearing, the City Manager, or designee, may find that a vehicle has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided. The City Manager, or designee, may also determine the amount of the administrative costs, in accordance with §§ 7.29.020 and 7.29.190 of this chapter, and may determine that all or a portion of the administrative costs and the cost of removal are to be charged against the owner of the land on which the vehicle is located.
(B) If it is determined by the City Manager, or designee, that the vehicle was placed on the land without the consent of the landowner and that he or she was not subsequently acquiesced in its presence, the City Manager, or designee, shall not assess administrative costs or the cost of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the costs from the landowner.
(C) The City Manager, designee, may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this chapter. The City Manager, or designee, may delay the time for removal of the vehicle if, in their opinion, the circumstances justify it. (D) The City Manager, or designee, shall give written notice of their decision to all of the interested persons to whom the notice of hearing was mailed.

7.29.140 Appeal.

Within ten days, excluding Saturdays, Sundays, and legal holidays, after notice of the decision of the City Manager, or designee, has been mailed to the interested parties, any person affected by the decision may file with the City Clerk a written notice of appeal from the decision. The City Council shall thereafter set the matter for hearing.

The City Clerk shall give written notice of the hearing to all of the persons mentioned in § 7.29.110 of this chapter. At the time and place set for the hearing, the City Council shall hear the matter de novo and all of the provisions of § 7.29.120 of this chapter shall

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be applicable to the hearing. The decision of the City Council after the hearing upon the appeal is final and conclusive as to all things involved in the matter. The City Clerk shall give written notice of the decision of the City Council to all of the persons to whom notice of the hearing was mailed.

7.29.150 Removal of vehicle.
(A) At any time after the City Manager, or designee, orders an abandoned, wrecked, dismantled, or inoperative vehicle to be removed pursuant to § 7.29.130 of this chapter, any interested party may cause the vehicle to be removed. If the City Manager, or designee, has assessed administrative costs and the cost of removal against the property on which the vehicle is located, and the vehicle is voluntarily removed without cost to the city, only the administrative costs shall thereafter be collected from the owner of the land.
(B) If no appeal has been filed and the vehicle has not been removed within ten days, excluding Saturdays, Sundays, and legal holidays, after the notice of the decision of the City Manager, or designee, was mailed to the interested parties, the City Manager, or designee, shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard, or refuse disposal site.
(C) If an appeal has been filed, and the vehicle had not been removed within ten days, excluding Saturdays, Sundays, and legal holidays, after the notice of the decision of the City Council was mailed to the interested parties, the City Manager, or designee, shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard, or refuse disposal site.

7.29.160 Reconstruction of vehicle.

After a vehicle has been removed pursuant to the provisions of this chapter, it shall not thereafter be reconstructed or made operable.

7.29.170 Notice to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle pursuant to the provisions of this chapter, the City Manager, or designee, shall give notice of the removal to the Department of Motor Vehicles of the State of California identifying the vehicle removed and transmit to the Department any evidence of registration available, including, but not limited to, registration certificates, certificates of title, and license plates.

7.29.180 Collection of costs.
(A) If the City Manager, or designee, has caused the vehicle to be removed from the property and has assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, they shall mail a notice to the owner of the property of the total costs to be paid by the owner of the property. (B) If any interested party has caused the vehicle to be removed from the property without cost to the city and the City Manager, or designee, has previously assessed administrative costs and the cost of removal against the owner of the property

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on which the vehicle is located, the City Manager, or designee, shall mail a notice to the owner of the property of the administrative costs to be paid by the owner of the property. (C) If the costs referred to in divisions (A) and (B) above are not paid within 30 days after the date on which the notice referred to therein is mailed to the owner of the property, the City Council may direct the County Auditor to place the unpaid costs on the city tax roll as a special assessment against the property pursuant to Cal. Gov’t Code § 38773-5.

7.29.190 Costs - Payment by state.
(A) The City Council may, from time to time, enter into agreements with the State of California, through the California Highway Patrol, or such other agency of the state as shall be designated by the state, providing that the state shall pay all, or any portion, of the administrative costs. The City Council may, from time to time, determine, by resolution, whether the payment agreed upon is sufficient to pay all, or only a portion, of the costs of administration.
(B) Whenever the city has entered into an agreement with the county for the performance by the county of such acts as under this chapter may be delegated to the county, the county may contract with the state for the payment to the county of such administrative costs for the removal of vehicles removed within the city. In such case if the county determines whether payments received from the state for removal of abandoned vehicles are sufficient to pay all, or only a portion, of the administrative cost, that determination shall apply also to payments of administrative costs of removal of vehicles within the city.
(C) Except where administrative costs are determined by the City Manager, or designee, at a hearing, the amount assessed against an owner of land pursuant to §§ 7.29.130 and 7.29.180 of this chapter shall be limited to the portion of the administrative cost found to be not covered by such an agreement with the State of California and the cost of removal. This limitation on the assessment shall apply to all cases assessed while such a resolution is in effect. However, the limitation shall not apply to cases in which the written notice of intention to remove was mailed prior to the effective date of the resolution and the resolution increases the amount assessable. (D) Any cost of removal incurred shall be paid by the city out of its general fund.

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

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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 19th day of March 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

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ORDINANCE 2024-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING SECTIONS 7.28.020, 7.28.030, AND 7.28.090 OF TITLE 7 (HEALTH AND SANITATION), CHAPTER 7.28 (NUISANCES GENERALLY)

OF THE TULARE MUNICIPAL CODE
WHEREAS, it is the desire of this Council to amend the definition of abandoned vehicles and to provide definitions for dismantled, inoperative, and wrecked vehicles as they pertain to the Tulare Municipal Code; and
WHEREAS, there is a need to update Section 7.28.030(P)(5)(c) to include that all operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells, and boats shall be parked on an approved surface and in accordance with § 10.192.050; to add water and sewer to the list of prohibited utility connections; and adding language regarding the storage of accessory vehicles; and WHEREAS, there is a need add § 7.28.030(U) to address the need to maintain fences and walls in good repair to ensure structural integrity and to keep them from becoming dilapidated, dangerous, or unsightly. This Section will also define permitted and prohibited materials that may be used to construct these fences and walls; and WHEREAS, revisions to Chapter 7.28 of the Tulare Municipal Code are proposed to address definitions of abandoned, dismantled, inoperative, and wrecked vehicles, the parking of operable vehicles on an approved surface, and the addition of regulations for fences and walls and the continued maintenance of said fences and walls; and
WHEREAS, the City Council declares these revisions herein are require to maintain the immediate preservation of the public peace, health, and safety of the citizens of Tulare.

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

SECTION 1. Chapter 7.28.020 of the Tulare Municipal Code is hereby repealed and replaced and shall read as follows:

7.28.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meaning given in this chapter.

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ABATEMENT. The demolition, removal, repair, rehabilitation, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances, or equipment; or the removal, transportation, disposal, and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight.

ACCESSORY VEHICLE. Means and includes recreational vehicles, travel trailers, campers, motorhomes, caravans, tent trailers, pop-up trailers, boats, watercraft, and/or utility, vehicle, or dump trailers.

ATTRACTIVE NUISANCE. Any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. ATTRACTIVE NUISANCES may include, but shall not be limited to:
(A) Abandoned and/or broken equipment;
(B) Hazardous pools, ponds, culverts, excavations;
(C) Neglected machinery; and
(D) Dangerous structures.

BUILDING. Any structure including, but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial or other establishment, warehouse, kiosk or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity.

CITY. The City of Tulare.

CODE ENFORCEMENT OFFICER. The Code Enforcement Officer for the City of Tulare.

CONSTRUCTION DEBRIS. Any material discarded as a result of the building or destruction of structures, roads and bridges and includes concrete, rocks, asphalt, plasterboard, wood, and other related material.

DISMANTLED VEHICLE. Means any vehicle that is partially or wholly disassembled.

EXCAVATION. Any wells, shafts, basements, cesspools, septic tanks, fishponds and other like or similar conditions more than six inches in diameter and 18 inches in depth.

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FOUL. Very annoying to the senses of reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of the public or of any person using or occupying other property in the vicinity.

GARBAGE. Any putrescible animal, fish, fowl, food, fruit, or vegetable matter resulting from the cultivation, preparation, storage, handling, decay, or consumption of the substance.

GOOD REPAIR. The reconstruction or renewal of any part of an existing building or property for the purpose of its maintenance, so as to not become a hazard to the public in general and conform with the adjoining properties.

HAZARDOUS MATERIALS AND WASTE. Any chemical, compound, mixture, substance, or article which is identified or listed by the United States Environmental Protection Agency or an appropriate agency of the State of California as a “hazardous waste”, as defined in 40 C.F.R. § 261.33, except that for the purposes of this chapter, hazardous waste also shall include household waste, as defined in 40 C.F.R. § 261.4(B)(1).

HEARING OFFICER. The individual appointed by the City Manager of the City of Tulare to hear the appeal on a finding that a nuisance exists.

IMPLEMENT OF HUSBANDRY. Any vehicle, tool or equipment used for farming or agricultural use.

IMPROVED SURFACE. Any surface that resists the growth of weeds or vegetation.

INOPERATIVE VEHICLE. Means any motor vehicle designed to be operated on a public roadway that cannot be moved under its own power, or which is not currently registered for operation with the California Department of Motor Vehicles. A Planned Non-Operation, PNO, from the California Department of Motor Vehicles in and of itself is not to be considered a violation.

NOXIOUS. Hurtful or unwholesome.

NUISANCE. Activities or conditions which affect the social and economic stability of neighborhoods, impair property values and which are injurious or detrimental to the health, safety, and general welfare of the citizens of Tulare.

ODOR. Any smell, scent, or fragrance.

OWNER. Any person, agent, firm, or corporation having legal or equitable interest in the property.

PERSON. An individual, partnership, corporation, association or organization, or agent

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of any of the foregoing.

PREMISES. Any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways, and parking areas.

PROPERTY. Any lot or parcel of land, including any alley, sidewalk, parkway, or unimproved public easement.

REFUSE. Any putrescible and non-putrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.

RUBBISH. Non-putrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.

UNMERCHANTABLE. Unsalable.

VEHICLE. Any device by which any person or property may be propelled, moved, or drawn upon a highway, or upon water, excepting a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.

VIOLATOR. Any responsible party, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property.

WASTE MATTER. Any rubbish or construction material.

WEEDS. Useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.

SECTION 2. Chapter 7.28.030 of the Tulare Municipal Code is hereby repealed and replaced and shall read as follows:

7.28.030 Declaration of nuisance.

It is unlawful and is declared a nuisance when any person owning, leasing, renting, occupying, charged with the management of or having charge or possession of any property in the city who maintains or fails to maintain the property in such a manner that any of the following conditions are present.
(A) An unsafe building or structure, as defined in § 283 of the Uniform Building Code, as adopted and in force within the city;
(B) To maintain any building or structure in a condition such that it would

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constitute a “dangerous building”, as defined in § 302 of the Uniform Code for the Abatement of Dangerous Buildings, or as prepared by the International Conference of Building Officials and adopted in force within the city; (C) To maintain any building or structure in a condition that would constitute a substandard building as defined in Chapter 10 of the Uniform Housing Code; (D) To abandon or permanently vacate, or cause to be abandoned or permanently vacated, any building or structure, so that it becomes accessible to unauthorized persons including, but not limited to, juveniles and vagrants, for unlawful or hazardous use;
(E) To maintain property containing attractive nuisances in the form of:
(1) Abandoned or broken equipment or machinery, other than implements of husbandry kept on a lot in the R-A zone, the U-R zone, or the A zone, which are stored as provided for in this chapter; and
(2) Unfenced or otherwise unprotected wells, swimming pools, spas, ponds, or excavations.
(F) To maintain property, including any sidewalks and parkways adjacent thereto, containing weeds, dry grasses, dead trees, dead shrubs or any other material which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth, or location constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs, including but not limited to sagebrush, chaparral and Russian Thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blown onto adjoining property by prevailing winds; except, as otherwise exempted by Chapter 3.22 of this Code; (G) To maintain property containing refuse, rubbish, broken or discarded furniture or household equipment visible from the public right-of-way or adjoining properties. This includes, but is not limited to, the keeping of or disposing of or the scattering over the property or premises of any of the following:
(1) Junk, trash, or debris; and
(2) Abandoned or discarded objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans, boxes, or other containers. (H) To maintain property containing stagnant water, refuse, rubbish, garbage, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a normal person(s), or which may cause or attract the migration of insects;
(I) To maintain premises with garbage or trash containers stored in front yards

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and visible from the public right-of-way. Except when in places of collection, refuse must be placed at a designated location by 6:00 a.m. on the day set for collection. Empty containers shall be removed the same day, as permitted by § 7.16.080 of this code.

Where the property is a corner lot, this division shall apply to storage of garbage and trash containers within those side-yard setbacks, which are adjacent to the street; (J) To operate or maintain, any device, instrument, vehicle or machinery in such a manner as to create loud or unusual noise, cause vibrations, or unreasonable light spillage or glare which cause discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of the public or of any person using or occupying other property in the vicinity; (K) The existence of hazardous substances and waste unlawfully released, discharged or deposited upon any premises or onto any city property, storm drain, gutter or public right-of-way;
(L) To maintain property in such a manner as to cause a hazard to the public by obscuring visibility of or at any public right-of-way, road intersection or pedestrian walkway;
(M) To maintain any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of buildings; (N) To maintain property in such condition as to create a detriment or hazard to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code § 3490;
(O) To allow or perform the maintenance, repair, restoration or dismantling of any vehicle, large machinery or large equipment upon any residential property, walkway, or easement visible from a public street or sidewalk or from adjoining property. This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair or maintenance of vehicles, machinery or equipment belonging to the person who resides on the property, and which is performed inside an enclosed structure such as a garage or which is performed outside but is not visible for longer than 72 consecutive hours;
(P) To maintain any property or structure in such a manner as to cause or allow the property or structure to become defective, unsightly or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values of, or similar detriment to surrounding properties, as well as an adverse effect on the health, safety, and welfare of the citizens of the city. This includes but is not limited to any of the following:
(1) Any improvement on the property, including but not limited to buildings, garages, carports, or roofs or gutters when the condition of the patio, stucco, siding or

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other exterior coating, has become so deteriorated as to permit decay, weathered woodwork, peeling paint, excessive checking, cracking, broken windows, or warping, rendering the building unsightly and in a state of disrepair; (2) Buildings or structures which are abandoned, boarded up, partially destroyed or left in a state of partial construction or repair for an unreasonable time; a period of 90 days shall serve as a guide in determining whether an unreasonable time has gone by;
(3) Maintenance of property containing abandoned or broken equipment or machinery, visible from a public street or sidewalk or from adjoining property; (4) Property with excessive trash and debris, visible from a public street or sidewalk or from adjoining property; and
(5) Property, which is not in compliance with the following minimum standard requirements:
(a) Front and visible side yards, except for lots in the R-A zones, one acre or larger, shall be landscaped (except for improved surfaces including but not limited to walks and driveways) with ground cover, plant material, decorative rock, redwood bark and/or lawn, so as to prevent excessive dust, accumulation of debris, or depreciated values of adjacent properties. Lots in the R-A zones, five acres or larger, shall comply with the provisions of Chapter 3.22 of this code relating to the abatement of seasonal and recurrent weeds.
(b) Trees, shrubs, lawns, and other landscaping shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs, and cutting of lawns.

Parcels in the R-A zones shall comply with the weed abatement standards in Chapter

3.22 of this Code; and, in any case, dead, decayed, diseased, overgrown, or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values, shall be abated.
(c) All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored on an approved surface and in accordance with § 10.192.050 of Tulare City Code, as adopted by the city; none of the above shall be occupied for the purpose of human habitation; nor shall any person sleep in, inhabit, live in or use any such vehicle for any purpose while the same is parked in the public right-of-way; nor shall utility connections for water, sewer, or power electrical cords or any type of power cords extend from any such vehicle to a permanent structure for the purpose of receiving power to the vehicle for the purpose of maintaining human habitation. It is a violation of this section to store an accessory vehicle in any zoning district at the following locations:
• In any front yard or street side yard setback in any zone including

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driveways;
• On a public street in any zone; or
• In any required off-street parking area in any commercial or industrial zone except as provided in subsection (c)(1) below:
(1) Exceptions;
(a) Off-street parking area in any commercial or industrial zone specifically approved to serve a business whose primary purpose is to service, sell, repair, or perform maintenance upon an accessory vehicle. (b) Mobile or portable structures for city, county, state, and federal government use are permitted in all zones.
(c) Construction site temporary offices.
(d) A motor home or mounted camper which is normally used for everyday transportation, is mounted on a one ton or less pickup, and is not more than nine feet in height measured from the surface of the street. (e) A person who has been granted a reasonable
accommodation.
(d) Abandoned, dismantled, wrecked, inoperative vehicles, or parts thereof, on private property shall be stored in a completely enclosed building or structure. The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law commencing with Cal. Vehicle Code § 22650 and may be subject to the abatement procedure contained within Chapter 7.29 of this code. (e) Walkways on private property, driveways and other improved surfaces shall be maintained in good repair free from unsightly stains and in safe condition, free from accumulation of pooled oil or grease or other hazardous material on paved or unpaved surfaces, buildings, walls, or fences. Parking lot striping and handicapped markings shall be maintained in good condition, and clearly visible to all motorists.
(f) Buildings, structures, sidewalks, and driveways shall be free of graffiti. The graffiti shall be removed according to the graffiti code in § 6.52.060 of the city code.
(g) Property shall be free from infestation of termites, insects, vermin, or rodents.
(h) Improved property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage.

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(i) Interiors of all buildings shall be maintained in good repair, sanitary condition and in compliance with all applicable building codes. (j) Swimming pools, ponds, or other bodies of water shall be filtered or maintained so as to not result in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, dirt, debris, papers, chemicals or other matter or material which, because of the magnitude, nature, or location, constitutes an unhealthy or unsafe condition.
(Q) To maintain residentially zoned property by storing or permitting the storage of household items customarily used in the interior of a dwelling, including appliances, equipment, construction materials or machinery in any front yard setback or driveway area;
(R) To store or place equipment, construction materials or machinery upon public property or public right-of-way (this prohibition shall not apply to otherwise permissible parking of vehicles, nor to permitted temporary placements such as for purposes of loading or unloading a vehicle or for permitted waste collections, or for authorized public equipment or vehicles during necessary work or repairs, or similar authorized uses); (S) To maintain, place or otherwise display upon any fence, wall, tree, bush or any other structure or portion thereof, any linens, rugs, fabrics, nylon, or any other item of clothing or similar items except upon a recognized clothesline facility. For the purpose of this section, the placement of clothesline(s) shall be prohibited within any required front yard setback area or required street side yard setback area; and (T) The maintenance of properties, so out of harmony or conformity with the maintenance standards of abutting, or adjacent properties in the surrounding vicinity, as to cause substantial diminution of the enjoyment, use or property values of the surrounding properties.
(U) All fences and walls shall be maintained in good repair and regularly maintained to ensure continued structural integrity. Fences may not list or lean more than 20 degrees from vertical. Fences may not have broken fence boards or be reinforced from falling by propping up with other materials. Any dilapidated, dangerous, or unsightly fences or walls shall be repaired or removed. (1) Permitted Materials. A fence may be constructed of permanent material, such as wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, or other material approved by the City Manager, or designee. (2) Prohibited Materials. Fencing materials prohibited include, but are not limited to cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence. Plywood less than five-eighths inches thick,

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plywood not of a grade, particle board, paper, and visqueen plastic, plastic tarp, metal roofing panels, corrugated or sheet metal and garage doors or similar material shall be prohibited unless approved by the City Manager, or designee.

SECTION 3. Chapter 7.28.090 of the Tulare Municipal Code is hereby repealed and replaced and shall read as follows:

7.28.090 Keeping articles on sidewalks.

Placing or keeping or permitting to be placed or kept on the sidewalks or pavements of the main business streets in the city of any goods, wares or merchandise, boxes, bootblack stands, vehicles, lumber, bricks, dirt, sand, firewood, or any other article or thing is a type of nuisance. It is unlawful for any person to loiter, stand or sit in or upon any public highway, alley, sidewalk, or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner accost or molest persons passing along the same. When, however, in the construction, alteration, or repair of any building, it becomes necessary to temporarily obstruct a portion of the sidewalk or pavement, the same may be done upon permission of the Chief of Police being first had and obtained. Nothing in this section shall prohibit the unloading of goods, wares, and merchandise on any such sidewalk where the same is immediately removed.

SECTION 4. 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 5. 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 19th day of March 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

6.3 Consent Page 22
Staff Report
Meeting: City Council
Date: March 19, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Acceptance of Tentative Parcel Map No. 2023-01

RECOMMENDED ACTION
Subject to receipt of the signed parcel map, all fees, and other required items prior to May 18, 2024, conditionally approve tentative parcel map No. 2023-01 and accept all easements and dedications offered thereon to the City.

SUMMARY
The Tulare Parcel Map Committee adopted Resolution No. 856 on September 25, 2023, approving Tentative Parcel Map No. 2023-01 located on the northwest corner of Bardsley Avenue and Nelder Grove Street. The overall project comprises approximately 12.6 acres. The proposed parcel map will create nine parcels for commercial use.

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

LEGAL REVIEW
The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in a delay to the approval of the Tentative Parcel Map No. 2023-01, which would impact the timeline for the subsequent development of the commercial properties.

2. Deny – Should Council opt to deny the request for conditional acceptance, subsequent development of the commercial properties may be jeopardized due to the Subdivider’s inability to meet deadlines related to the sale of property.

3. Table – Delay resulting from tabling this item may jeopardize the subsequent development of the commercial properties due to the Subdivider’s inability to meet conditions related to the sale of property.

ATTACHMENTS

1. Tulare Parcel Map Committee Resolution No. 856

2. Tulare Parcel Map Exhibit
Reviewed/Approved:

Item #: 6.4
Consent

6.4 Consent Page 1

6.4 Consent Page 2 ATTACHMENT 1

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6.4 Consent Page 16
ATTACHMENT 2
Staff Report
Meeting: City Council
Date: March 19, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Acceptance of a Public Utility Easement for Project WT0055

RECOMMENDED ACTION
Accept a Grant of Easement for public utilities purposes from Quest Equity, LLC on property (APN 166-020-032) located east of Highway 99 and south of the Corvina Avenue alignment for the construction of a water main connection between Gem Street and Corvina Avenue as identified in the City’s Water Master Plan; and authorize the City Manager or his designee to sign the Certificate of Acceptance for the same.

SUMMARY
The City is actively engaged in a capital improvement project to construct a master plan water main crossing under Highway 99 between Prosperity Avenue and Cartmill Avenue. The selected alignment for the crossing is near the intersection of Washington Avenue and Gem Street. Along with the crossing, the project will extend the water main across the property on the east side of Highway 99 to a future point of connection in the Corvina Avenue alignment west of Retherford Street. Staff has worked with the property owner, Quest Equity, LLC, to obtain the necessary public utility easement for construction of the water main crossing and extension.

FISCAL IMPACT & FUNDING SOURCE(S)
Project WT0055: Fund 610 – Water CIP (Federal Earmark-EPA Grant); Fund 260 – DIF - Water Facilities Category

LEGAL REVIEW
The standard format used by staff for Grants of Easement and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – CIP Project WT0055 to construct a master plan water main crossing of Highway 99 would not be able to proceed. No optional alignments have been identified.

3. Table – The resulting delay could jeopardize the City’s ability to meet deadlines associated with federal earmark funding for the project.

ATTACHMENTS

1. Public Utility Easement

2. Public Utility Easement Certificate of Acceptance
Reviewed/Approved:

Item #: 6.5
Consent

6.5 Consent Page 1
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4l I East Kern Avenue
Tulare, CA932'74-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDER'S USE Grant of Easement

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ NONE
X City of Tulare Parcel No. 166-0rO-O?) /nnrtion)
f] Computed on full value of interest or property conveyed, or ! Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION of which is hereby acknowledged, represents that, as the owner(s) of heretn described real property,
Qva->-r- e4u l->
Hereby GRANT(S) to the City of Tulare, a Municipal Corporation ("Grantee"), an easement for lVater Line purposes over the real property in the City of Tulare, County of Tulare, State of Califomia, described as follows:

SEE ATTACHED EXHIBIT'A'FOR LEGAL DESCRIPTION AND EXHIBIT'B' FOR PLAT.

Date:

Grantor;
By
?lzsl >o>t
-ell€stf*q#l#Auo>T
(Greg Nunley
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Tulare ) S.S
alax eo?$ Ss'Ot- \\-(Y ll'YNrrxr^-.-
On ffi9'
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/trer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the
ilELISSA HERATANN
Notlry Publlc - Glifornh
Tulara County
Commirrion ll 2ltt151
(Seal) Signature ofNotary
paragraph is true and correct.

My Comm, Explrd Apr 23, 7077

6.5 Consent Page 2 ATTACHMENT 1

EXHIBIT A
Water Line Easement
Legal Desuiption
That strip of land, 20.00 feet in width, being a portion of Lot C of Lot Line Adjustment No. 257, as described in Resolution No. 825, recorded September 24,2020 as Document No. 2020-0058717, Official Records of Tulare County, lying within the Northwest quarter of the Southeast quarter of Section 35, Township 19 South, Range 24East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California, the centerline of said strip being described as follows:

BEGINNING at a point on the North line of the Southeast quarter of said Section 35, from which point the Center quarter corner of said Section 35 lies South 89"43'23" West, 594.62 feet; thence
South 0"00'00" East,409.69 feet; thence
South 89"59'13" West, 290.75 feet; thence
South 59'21'13" West, 73.12 feet, more or less, to a point on the Easterly righrof-way line of State Highway 99, and the TERMINUS of said strip.

The side lines of said strip are to be lengthened or shortened to intersect and to terminate on said North line of the Southeast quarter of Section 35 and said Easterly right-of-way line of State Highway 99.

Containing an area of approximately 0.36 acres.

APN 1 66-020-032 (portion)

END OF DESCRIPTION
\iY ,14.

No, 8468
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6.5 Consent Page 3
CENTER QTR. CORNER
sEcTroN 35-19t24
NORTH QTR. CORNER
OF SOUTHEAST QTR.,
SECT|ON 35-19t24 I
- -

BASIS OF
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LANI] SURVEYOR:

TIMOTHY M. ODOM
DATET 2/26/24 , Doc. 2020-0058717,0.R
sEcTloN 35 - 1s/24
CA

LOT C, LLA

PORTION OF
PORTIO OF N NO. 257
ABEING SE 1

WATER LINE EASEMENT
JOB N0: 154322005

PROVOST&

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An Fmht^|]e dwharl ?naaanw SHEET 0F1

6.5 Consent Page 4

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant of Easement dated February 28, 2024, from Quest Equity LLC, 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 March 19, 2024, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant of Easement.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

6.5 Consent Page 5 ATTACHMENT 2
Staff Report
Meeting: City Council
Date: March 19, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Grant of Easement and Certificate of Conveyance to SCE

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 Outlot D of the Farrar Estates No. 2 subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of the subdivision improvements for Phase 2 of the Farrar Estates subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivision’s Morrison Street frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level.

SCE is proposing to locate these structures and conduit within the Farrar Estate subdivision’s landscape lot along the west side of Morrison Street. Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots that are not also designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure, and portions of that infrastructure are located outside of the City street right-of-way.

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

LEGAL REVIEW
The submittal from SCE follows their standard format and has been accepted in prior SCE easement dedication requests made to the City.

ALTERNATIVE ACTION

1. Approve with changes – Changes made to the easement would require a new submittal from the applicant and review by staff. Changes would be brought to a later Council meeting for acceptance of Grant of Easement and Certificate of Conveyance.

2. Deny – Denial of the easement request would not allow SCE to construct, maintain and repair utilities located in these lots, and in turn would not allow the Developer to complete the Morrison Street frontage improvements that were required as a condition of approval for the Farrar Estates subdivision.

3. Table – Tabling the SCE easement request would delay SCE’s ability to proceed with the relocation and undergrounding of their utilities and would impact the Developer’s ability to complete Pacific Avenue frontage improvements in a timely manner.

Item #: 6.6
Consent

6.6 Consent Page 1

ATTACHMENTS

1. Farrar Estates No. 2 final map

2. SCE Grant of Easement

3. Certificate of Conveyance
Reviewed/Approved:

6.6 Consent Page 2

6.6 Consent Page 3
ATTACHMENT 1

6.6 Consent Page 4 ATTACHMENT 2

6.6 Consent Page 5

6.6 Consent Page 6

6.6 Consent Page 7

6.6 Consent Page 8

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated _____________________, from the City of Tulare, a Municipal Corporation of the State of California to Southern California Edison Company was duly conveyed by the City Council of the City of Tulare on March 19, 2024, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Grant of Easement.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

6.6 Consent Page 9 ATTACHMENT 3
Staff Report
Meeting: City Council
Date: March 19, 2024
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of 2025 Ford Police Interceptors

RECOMMENDED ACTION
Award the purchase of 11 new/unused 2025 Ford Police Interceptor Utility (K8A)(AWD) vehicles to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $647,859.74.

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 11 new/unused 2025 Ford Police Interceptor Utility vehicles from National Auto Fleet Group, of Watsonville, CA in the amount of $647,859.74.

The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. Due to time constraints to issue a purchase order to secure vehicle orders, the City Manager approved the issuance of a purchase order to secure the build of the vehicles. If the City Council does not approve this item, the build will be cancelled, and we will have to wait for availability of the 2026 model year Police Utility Interceptors.

FISCAL IMPACT & FUNDING SOURCE(S)
The total cost for each unit will be $58,896.34 with a total cost of $647,859.74. The remaining funds for each vehicle will be used to fully outfit the units for service. The Police Department has the funding in their Equipment Replacement Fund. These vehicles will satisfy the FY 2023/24 and FY 2024/25 budget requests for replacement units.

Item #: 6.7
Consent

6.7 Consent Page 1

LEGAL REVIEW
This item did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If this request is denied, staff will cancel the order of the 11 new/used 2025 Ford Police Inceptor Utility vehicles.

ATTACHMENTS

1. National Auto Fleet Group Quote for the replacement units Reviewed/Approved:

6.7 Consent Page 2
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 1/10 One Unit
(MSRP)
One Unit Total %
Savings
Extended
Unit's (11)
Total Savings
Contract Price $54,570.00 $53,799.62 1.412 % $591,795.82 $8,474.18 2 Additional
Key(s) $600.00 $6,600.00
Tax (8.2500 %) $4,487.97 $49,367.67
Tire fee $8.75 $96.25
Total $58,896.34 $647,859.74
Jesse Cooper
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
3/11/2024 Quote ID: 37692
Order Cut Off Date: TBA
Mike Reed
City of Tulare
Fleet
411 E. Kern Ave.

Tulare, California, 93274
Dear Mike Reed,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

Eleven (11) New/Unused (2025 Ford Police Interceptor Utility (K8A) AWD, ) and delivered to your specified location, each for
- per the attached specifications.

This vehicle(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,

6.7 Consent Page 3 ATTACHMENT 1
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 2/10 Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle: www.NAFGETA.com
Use the upfitter of your choice: www.NAFGpartner.com
Vehicle Status: [email protected]
General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572

6.7 Consent Page 4
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 3/10 Vehicle Configuration Options
ENGINE
Code Description
99B
Engine: 3.3L V6 Direct-Injection, -inc: (136-MPH top speed), Deletes regenerative braking and lithium-ion battery pack; adds 250-amp alternator and replaces 19-gallon tank w/21.4- gallon tank

TRANSMISSION
Code Description
44U Transmission: 10-Speed Automatic (44U)

PRIMARY PAINT
Code Description
UM Agate Black

SEAT TYPE
Code Description
9W
Charcoal Black, Unique HD Cloth Front Bucket Seats w/Vinyl Rear, -inc: reduced bolsters, 6-way power track driver seat (fore/aft, up/down, tilt w/manual recline, 2-way power lumbar), 8-way power track passenger seat w/2-way power recline and 2-way power lumbar and built-in steel intrusion plates in both driver/passenger seatbacks

AXLE RATIO
Code Description
___ 3.73 Axle Ratio, (STD)

ADDITIONAL EQUIPMENT
Code Description
67H
Ready For The Road Package, (2) backlit flashing linear high-intensity LED lights (driver's side red/passenger side blue) mounted to inside liftgate glass and (2) backlit flashing linear high-intensity LED lights (driver's side red/passenger side blue) installed on inside lip of liftgate (lights activate when liftgate is open), LED lights only, Wiring and controller not included, Hidden Door-Lock Plunger, Rear-Door Controls Inoperable, Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches, Rear Console Plate, Contours through 2nd row; channel for wiring
63B Side Marker LED Sideview Mirrors, -inc: driver side - red/passenger side - blue, Located on exterior mirror housing, LED lights only, Wiring and controller not included 51S Dual Driver & Passenger LED Bulb Spot Lamps (Unity) 153 Front License Plate Bracket
66A Front Headlamp Lighting Solution, -inc: LED low beam/high beam headlamp, wig-wag function and (2) red/blue/white LED side warning lights in each headlamp (factory

6.7 Consent Page 5
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 4/10 configured: driver's side white/red/passenger side white/blue), Wiring and LED lights included (in headlamps only; grille lights not included), Controller not included, Grille LED Lights, Siren & Speaker Pre-Wiring
66B Tail Lamp Lighting Solution, -inc: LED tail lamp wig-wag module, LED lights only, Wiring and controller not included
66C
Rear Lighting Solution, -inc: (2) backlit flashing linear high-intensity LED lights (driver's side red/passenger side blue) mounted to inside liftgate glass and (2) backlit flashing linear high-intensity LED lights (driver's side red/passenger side blue) installed on inside lip of liftgate (lights activate when liftgate is open), LED lights only, Wiring and controller not included
21L Front Warning Auxiliary LED Lights, -inc: driver side - red/passenger side - blue 43A Rear Auxiliary Liftgate Lights, -inc: red/blue LED lights; located beneath liftgate glass in applique panel, LED lights only, Wiring and controller not included 18X 100 Watt Siren/Speaker w/Bracket & Pigtail
59J Keyed Alike - 1111x
52P
Hidden Door-Lock Plunger, -inc: Rear-Door Controls Inoperable, Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches
68G
Rear-Door Controls Inoperable, -inc: Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches
85R Rear Console Plate, -inc: Contours through 2nd row; channel for wiring

OPTION PACKAGE
Code Description
500A Order Code 500A

6.7 Consent Page 6
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 5/10 2025 Ford Police Interceptor Utility AWD

CODE MSRP
K8A $49,515.00
99B ($2,330.00)
44U $0.00
UM $0.00
9W $0.00
___ $0.00
67H $3,800.00
63B $340.00
51S $620.00
153 $0.00
66A INC
66B INC
66C INC
21L $580.00
43A $400.00
18X INC
59J $50.00
52P INC
68G INC
2025 Fleet/Non-Retail Ford Police Interceptor Utility AWD

WINDOW STICKER
MODEL
2025 Ford Police Interceptor Utility AWD

OPTIONS
Engine: 3.3L V6 Direct-Injection, -inc: (136-MPH top speed), Deletes regenerative braking and lithium-ion battery pack; adds 250-amp alternator and replaces 19-gallon tank w/21.4-gallon tank Transmission: 10-Speed Automatic (44U)
Agate Black
Charcoal Black, Unique HD Cloth Front Bucket Seats w/Vinyl Rear, -inc: reduced bolsters, 6-way power track driver seat (fore/aft, up/down, tilt w/manual recline, 2-way power lumbar), 8-way power track passenger seat w/2-way power recline and 2-way power lumbar and built-in steel intrusion plates in both driver/passenger seatbacks

3.73 Axle Ratio, (STD)
Ready For The Road Package, (2) backlit flashing linear high-intensity LED lights (driver's side red/passenger side blue) mounted to inside liftgate glass and (2) backlit flashing linear highintensity LED lights (driver's side red/passenger side blue) installed on inside lip of liftgate (lights activate when liftgate is open), LED lights only, Wiring and controller not included, Hidden DoorLock Plunger, Rear-Door Controls Inoperable, Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches, Rear Console Plate, Contours through 2nd row; channel for wiring Side Marker LED Sideview Mirrors, -inc: driver side - red/passenger side - blue, Located on exterior mirror housing, LED lights only, Wiring and controller not included Dual Driver & Passenger LED Bulb Spot Lamps (Unity)
Front License Plate Bracket
Front Headlamp Lighting Solution, -inc: LED low beam/high beam headlamp, wig-wag function and (2) red/blue/white LED side warning lights in each headlamp (factory configured: driver's side white/red/passenger side white/blue), Wiring and LED lights included (in headlamps only; grille lights not included), Controller not included, Grille LED Lights, Siren & Speaker Pre-Wiring Tail Lamp Lighting Solution, -inc: LED tail lamp wig-wag module, LED lights only, Wiring and controller not included
Rear Lighting Solution, -inc: (2) backlit flashing linear high-intensity LED lights (driver's side red/passenger side blue) mounted to inside liftgate glass and (2) backlit flashing linear highintensity LED lights (driver's side red/passenger side blue) installed on inside lip of liftgate (lights activate when liftgate is open), LED lights only, Wiring and controller not included Front Warning Auxiliary LED Lights, -inc: driver side - red/passenger side - blue Rear Auxiliary Liftgate Lights, -inc: red/blue LED lights; located beneath liftgate glass in applique panel, LED lights only, Wiring and controller not included 100 Watt Siren/Speaker w/Bracket & Pigtail
Keyed Alike - 1111x
Hidden Door-Lock Plunger, -inc: Rear-Door Controls Inoperable, Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches

6.7 Consent Page 7
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 6/10 85R INC
500A $0.00
$52,975.00
$0.00
$1,595.00
$54,570.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
Rear-Door Controls Inoperable, -inc: Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches Rear Console Plate, -inc: Contours through 2nd row; channel for wiring Order Code 500A
Please note selected options override standard equipment

SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge

TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

Notes

6.7 Consent Page 8
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 7/10 Standard Equipment

MECHANICAL
Engine: 3.3L V6 Direct-Injection Hybrid System -inc: (136-MPH top speed) (STD) Late availability.

Transmission: 10-Speed Automatic (STD)

3.73 Axle Ratio (STD)

ADDITIONAL EQUIPMENT
50-State Emissions System Flexible Fuel Vehicle (FFV) system is standard equipment for vehicles equipped with the 3.3L V6 Direct-Injection engine.

Transmission w/Driver Selectable Mode and Oil Cooler
Automatic Full-Time All-Wheel
Engine Oil Cooler
92-Amp/Hr 850CCA Maintenance-Free Battery
Hybrid Electric Motor 220 Amp Alternator
Class III Towing Equipment -inc: Hitch
Trailer Wiring Harness
Police/Fire
1670# Maximum Payload
GVWR: 6,840 lbs (3,103 kgs)
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Steering
19 Gal. Fuel Tank
Dual Stainless Steel Exhaust
Permanent Locking Hubs
Strut Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control
Lithium Ion Traction Battery
Wheels: 18" x 8" 5-Spoke Painted Black Steel -inc: polished stainless steel hub cover and center caps Tires: 255/60R18 AS BSW
Steel Spare Wheel
Full-Size Spare Tire Mounted Inside Under Cargo
Clearcoat Paint
Body-Colored Front Bumper w/Black Rub Strip/Fascia Accent and 1 Tow Hook Body-Colored Rear Bumper w/Black Rub Strip/Fascia Accent Body-Colored Bodyside Cladding and Black Wheel Well Trim

6.7 Consent Page 9
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 8/10 Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Black Power Side Mirrors w/Convex Spotter and Manual Folding Fixed Rear Window w/Fixed Interval Wiper, Heated Wiper Park and Defroster Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Auto On/Off Projector Beam Led Low/High Beam Headlamps
LED Brakelights
AM/FM Stereo w/Seek-Scan, Clock, Speed Compensated Volume Control, Steering Wheel Controls and Voice Activation
Radio: AM/FM/MP3 Capable -inc: 100 watt siren/speaker prep kit, clock, 4 speakers, 1 USB port and 8" color LCD screen center-stack smart display, supports Android Auto and Apple CarPlay and fleet telematics modem Allows data to be provided to support Ford Pro telematics and data services via optional subscription, including but not limited to vehicle location, speed, idle time, fuel, vehicle diagnostics and maintenance alerts. Device enables optional telematics services through Ford or authorized providers via paid subscription. Subscribe at https://fordpro.com/en-us/telematics/ or call 1- 833-811-FORD (3673).

SYNC Phoenix Communication & Entertainment System -inc: hands-free voice command support compatible w/most Bluetooth connected mobile devices, 911 Assist, VHR, SYNC Services, AppLink, Bluetooth, steering wheel controls, USB port and auxiliary input jack Streaming Audio
Integrated Roof Antenna
1 LCD Monitor In The Front
Bucket Front Seats w/Vinyl Back Material and Power 2-Way Driver Lumbar 8-Way Power Driver Seat -inc: Power Height Adjustment, Fore/Aft Movement, Cushion Tilt, Manual Recline and Power 2-Way Lumbar Support
6-Way Power Passenger Seat -inc: Power Recline, Fore/Aft Movement and Power 2-Way Lumbar Support
35-30-35 Folding Split-Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer, Engine Hour Meter, Traction Battery Level, Trip Odometer and Trip Computer
Power Rear Windows and Fixed 3rd Row Windows
Fleet Telematics Modem Selective Service Internet Access Remote Keyless Entry
Remote Releases -Inc: Power Cargo Access
Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning

6.7 Consent Page 10
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National+… 9/10 Rear HVAC
HVAC -inc: Underseat Ducts
Locking Glove Box
Driver Foot Rest
Unique HD Cloth Front Bucket Seats w/Vinyl Rear -inc: reduced bolsters, 6-way power track driver seat (fore/aft, up/down, tilt w/manual recline, 2-way power lumbar), 8-way power track passenger seat w/2- way power recline and 2-way power lumbar and built-in steel intrusion plates in both driver/passenger seatbacks
Interior Trim -inc: Metal-Look Instrument Panel Insert, Metal-Look Door Panel Insert and Metal-Look Interior Accents
Full Cloth Headliner
Urethane Gear Shifter Material
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Mini Overhead Console w/Storage and 2 12V DC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Carpet Floor Trim
Cargo Features -inc: Cargo Tray/Organizer
Cargo Space Lights
Tracker System
Smart Device Integration
Dashboard Storage, Driver And Passenger Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks
Driver Information Center
Redundant Digital Speedometer
Trip Computer
Digital/Analog Appearance
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Perimeter Alarm
2 12V DC Power Outlets
Air Filtration
Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Reverse Sensing System Rear Parking Sensors
BLIS (Blind Spot Information System) Blind Spot

6.7 Consent Page 11
3/11/24, 7:20 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/37692?ssdType=OrderRequest&ws=True&se=True&tsbt=True&sMsg=A+National… 10/10 Pre-Collision Assist with Pedestrian Detection
Collision Mitigation-Front
Collision Mitigation-Rear
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Passenger Knee Airbag
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Back-Up Camera w/Washer

6.7 Consent Page 12
Staff Report
Meeting: City Council
Date: March 19, 2024
Department: Police
Submitted by: Matt Machado, Captain
Agenda Title: School Resource Officer Agreement

RECOMMENDED ACTION
Authorize the City Manager, or designee, to execute an agreement with the Tulare City School District for the School Resource Officer Program to be effective through June 30, 2026.

SUMMARY
The Tulare City School District (“District”) has engaged with the City of Tulare for their School Resource Officer (“SRO”) Program for many years. Through this program, the City provides police officers for the purpose of providing additional security measures and consulting services related to security measures.

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

LEGAL REVIEW
The agreement was reviewed and approved by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Agreement
Reviewed/Approved:

Item #: 6.8
Consent

6.8 Consent Page 1

AGREEMENT BETWEEN

THE TULARE CITY SCHOOL DISTRICT AND

THE CITY OF TULARE
THIS AGREEMENT is entered into on July 1, 2023 between the TULARE CITY SCHOOL DISTRICT (hereinafter "DISTRICT") and CITY OF TULARE (hereinafter "CITY"), a municipal corporation and Charter City.

RECITALS
A. DISTRICT wishes to secure the services of two police officers currently employed by CITY for the purpose of providing additional security measures and consulting services related thereto through the DISTRICT's School Resource Officer (hereinafter "SRO") Program; and
B. California Government Code section 53050 and Education Code section 35160 authorize DISTRICT to contract with persons specially trained, experienced, and competent to perform certain special services; and
C. CITY has the personnel and desires to be able to accommodate DISTRICT's request for police services for its SRO Program; and
D. It is expressly agreed that the safety of the students and responsibility therefore is not being delegated by the DISTRICT and the DISTRICT shall maintain said duty to reasonably protect students from foreseeable dangers; and E. It is expressly acknowledged and understood that student privacy rights and the DISTRICT's broader authority, may restrict or otherwise limit the CITY officer's ability to perceive, prevent, or react to a potential threat; and
F. It is expressly acknowledged and agreed that there is no viable legal theory on which a claim and/or cause of action could arise from the absence of any assigned CITY officer and/or patrol vehicle at any school location within the DISTRICT, without regard to the requirements of this AGREEMENT. The PARTIES hereto expressly agree that the absence of CITY's officer or patrol vehicle shall not, in any event, be considered a substantial cause of any act or omission giving rise to a claim or cause of action against the CITY and/or its assigned officers.

NOW, THEREFORE, in consideration of the Recitals above, the PARTIES agree as follows:

AGREEMENT

1. TERM OF AGREEMENT. This AGREEMENT shall become effective as of the date of this AGREEMENT and expire on June 30, 2026, unless otherwise terminated as provided in this AGREEMENT.

2. SERVICES TO BE PROVIDED. The CITY shall provide to DISTRICT two fulltime (eight hours/day, maximum of 40 hours/week) police officers for use in the DISTRICT's SRO Program for the 180 days of the DISTRICT school year. The SRO shall perform the following services including, but not limited to, performing campus community policing

6.8 Consent Page 2 ATTACHMENT 1
duties, handling truancy issues, complying with legal reporting requirements, and assisting the DISTRICT in providing security, directing traffic, and interacting with students and the community at mutually agreed upon activities. Whenever possible, it is the intent of the PARTIES that the SRO's duty hours shall conform to the school day. It is not a material breach of this AGREEMENT if the SRO and/or marked police vehicle is absent from campus.

3. EMPLOYMENT OF OFFICERS(S). CITY shall retain control over supervision, wages, and other terms and conditions of employment of the officers providing the services under this AGREEMENT. The PARTIES acknowledge that such officers are held to the requirements of the law and CITY policies and procedures. The DISTRICT shall assist CITY with evaluation of the officers; however, the CITY shall have the responsibility to evaluate, manage, and supervise the officers. The DISTRICT shall immediately notify CITY of any concerns regarding the performance of the assigned officer, including but not limited to, adherence to the duty schedule and quality of services.

4. COMPENSATION. The DISTRICT agrees to reimburse the CITY for the costs for two police officers contracted for in this AGREEMENT. Said costs shall include salary, benefits, workers' compensation insurance, and required retirement contributions as shown in Exhibit A. The DISTRICT will compensate the CITY as outlined in Exhibit A based upon a 40-hour work week. The CITY agrees to be responsible for and pay the balance of said costs. If the DISTRICT and Police management mutually agree that additional services are needed after 4:00 PM, the DISTRICT shall pay additional compensation at the overtime rate for each additional hour worked. If the hourly rate and cost of benefits for the police officer increases during the term of this AGREEMENT, the DISTRICT agrees to pay the additional costs based upon the provisions above. In the event that either SRO is absent from the DISTRICT for more than 20 days of the 180 days in a school year, the amount paid by the DISTRICT shall be adjusted by the SRO's daily rate for each day of absence beyond the 20 days.

5. PAYMENTS. CITY will invoice DISTRICT at the end of each fiscal quarter for the said costs incurred during that fiscal quarter. DISTRICT shall pay invoices within 30 calendar days from receipt of invoice.

6. COMPLIANCE WITH LAW. The CITY shall provide services provided for in this AGREEMENT in accordance with all applicable federal, state, and local laws, regulations, ordinances, and written directives. With respect to CITY employees, CITY shall comply with all laws, regulations, and ordinances pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and the prohibition of discrimination in employment.

7. RECORDS AND AUDIT. The CITY shall maintain complete and accurate records with respect to the services rendered and the costs incurred under this AGREEMENT, invoices and payments to employees or subcontractors. All such records shall be prepared and maintained in accordance with generally accepted accounting procedures. Upon request, CITY shall make said records available to designated public or private auditors of the DISTRICT, their agents, and representatives. All records shall be maintained in a fashion to make them readily available for audit for a time period of five years from the date of final payment contemplated by this AGREEMENT.

6.8 Consent Page 3

8. INSURANCE.

8.1 DISTRICT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this AGREEMENT, the insurance coverage described in Exhibit B. Exhibit B is attached to this AGREEMENT and incorporated herein as though fully set forth. DISTRICT and its contractors, if any, shall obtain a policy endorsement naming the CITY as an additional insured under any general liability policy or policies.

8.2 All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of Al: VII or higher which are licenses or authorized to transact insurance business in the State of California. Any and all contractors of CITY retained to perform services under this AGREEMENT will obtain and maintain, in full force and effect during the term of this AGREEMENT, identical insurance coverage, naming the CITY as an additional insured under such policies as required above.

8.3 Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this AGREEMENT. The certificates will be subject to the approval of CITY's Human Resources Director and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Human Resources Director 30 days prior written notice of the cancellation or modification (except for non-payment of premium, in which case a 10-day notice is required. If the insurer cancels or modifies the insurance and provides less than a 30-day notice to DISTRICT, it shall provide the Human Resources Director written notice of the cancellation or modification within two business days of the DISTRICT'S receipt of such notice. DISTRICT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Human Resources Director during the entire term of this AGREEMENT.

8.4 The procuring of such required policy or policies of insurance will not be construed to limit the DISTRICT'S liability hereunder nor to fulfill the indemnification provisions of this AGREEMENT. Notwithstanding the policy or policies of insurance, the DISTRICT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the services performed under this AGREEMENT, including such damage, injury, or loss arising after the AGREEMENT is terminated or the term has expired.

9. INDEPENDENT CONTRACTOR.

9.1 This AGREEMENT is entered into by both PARTIES with the express understanding that CITY shall perform all services required under this AGREEMENT as an independent contractor. Nothing in this AGREEMENT shall be construed in a manner that creates an employer/employee relationship between DISTRICT and CITY or any of its agents, employees, officers, or assigns.

9.2 CITY shall advise any and all CITY employees that it assigns or hires to perform any duty pursuant to this AGREEMENT that they are not employees of the DISTRICT. Subject to any performance criteria expressed within this AGREEMENT, sole responsibility for determining the means and methods of performing the services required by this AGREEMENT shall lie with the CITY.

DISTRICT hereby acknowledges that it has no authority or right under this

6.8 Consent Page 4
AGREEMENT to control CITY's performance of services or exercise any discretion / supervision with respect to how the services provided by CITY will be performed.

CITY shall be responsible for paying any and all required state and federal taxes.

DISTRICT shall not be responsible for any payroll related costs, including but not limited to Social Security, unemployment insurance, state or federal income tax, and disability insurance.

9.3 Notwithstanding this independent contractor relationship, DISTRICT shall have the right to monitor and evaluate the performance of CITY to assure compliance and performance of the services required pursuant to this AGREEMENT.

10. FINGERPRINTING.

10.1 Pursuant to Cal. Education Code Section 45125.1, prior to any agents or employees of CITY entering school grounds, upon which they may have contact with pupils, CITY shall submit fingerprints of its employees in a manner authorized by the California Department of Justice, together with any fee required by the Department of Justice. CITY shall not permit any employee or agent to come in contact with pupils of the DISTRICT until the Department of Justice has confirmed to DISTRICT that said employees and agents of CITY have not been convicted of a felony, as defined in California Education Code Section 45122.1.

10.2 Prior to the commencement of any work pursuant to this AGREEMENT, the CITY shall provide the DISTRICT with a written list of those employees' names who may come in contact with pupils in connection with the performance of services under this AGREEMENT. CITY shall certify to DISTRICT, in writing and under penalty of perjury, that it has complied with the requirements of Education Code section 45125.1 and that, based upon its own knowledge and the information received from the Department of Justice, none of the CITY employees that may come into contact with pupils have been convicted of a felony, as defined by Education Code section 45122.1.

10.3 If CITY believes that its employees will have only limited contact with pupils, such that an exemption from the above requirements would be reasonable, CITY shall submit its written request for said exemption at least 15 calendar days prior to the commencement of work by the affected employee(s). The request for exemption shall specify the grounds upon which exemption is sought, including but not limited to the length of time CITY employee will be on school grounds, whether pupils will be in proximity to the site where CITY employee will be working, whether CITY employee will be working alone or with other officers. Whether to grant or deny the request for exemption shall be a decision solely within the discretion and authority of the DISTRICT'S governing board.

10.4 CITY shall impose the foregoing requirements and restrictions upon any subcontractors or assignees.

11. INDEMNIFICATION.

11.1 The DISTRICT shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with

6.8 Consent Page 5
the assigned officer's performance of work or his or her failure to comply with any of its obligations contained in the AGREEMENT, except such loss or damage which was caused by the active negligence by the CITY, or the gross or willful misconduct of the assigned officer.

11.2 The CITY shall indemnify, defend, and hold harmless the DISTRICT, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the CITY or the gross or willful misconduct of the assigned officer during the performance of work hereunder.

11.3 If the DISTRICT rejects a tender of defense by the CITY and/or the assigned officer under this AGREEMENT, and it is later determined that the CITY and/or the officer breached no duty of care and/or was immune from liability, the DISTRICT shall reimburse the CITY and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the CITY and/or officer settles a liability claim, with or without participation by the DISTRICT.

11.4 The PARTIES acknowledge that it is not the intent of the AGREEMENT to create a duty of care by the CITY or its assigned officer that they would not owe in the absence of the AGREEMENT. The AGREEMENT does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) by the CITY or the assigned officers and the absence of the assigned officers and/or the patrol vehicle is not a material breach of this AGREEMENT. The PARTIES further acknowledge that by entering into the AGREEMENT neither the CITY nor its assigned officers intend to waive any immunities to which they would be entitled in the absence of this AGREEMENT.

12. CONFLICT OF INTEREST. The CITY agrees at all times in the performance of this AGREEMENT, to comply with the law of the State of California regarding conflicts of interest, including but not limited to Government Code Section 1090 et seq. and the Political Reform Act. The PARTIES agree that if any facts come to either's attention which raise questions about or arguably may implicate said conflict of interest laws, it will immediately notice the other regarding the same.

13. TERMINATION. The right to terminate this AGREEMENT under this provision may be exercised without prejudice to any other right or remedy which the terminating party may be entitled at law or under this AGREEMENT. DISTRICT shall pay to CITY any compensation earned for work performed under this AGREEMENT and not previously paid for up to the date of termination.

13.1 Without Cause: DISTRICT will have the right to terminate this AGREEMENT without cause by giving 30 days prior written notice of the intention to terminate and specifying the date of termination.

13.2 With Cause: Either party may terminate the AGREEMENT, effective upon written notice specifying the termination date, should the other party:

6.8 Consent Page 6
a. be adjudged bankrupt or;
b. become insolvent or have a receiver appointed; or
c. make a general assignment for the benefit of creditors; or d. suffer any judgment which remains unsatisfied for 30 days and which would substantially impair the ability of the judgment debtor to perform under this AGREEMENT.

13.3 Termination for Material Breach: The AGREEMENT may be terminated by either party, following material breach by the other and failure of the breaching party to remedy the breach to the satisfaction of the breaching party within five days of receipt of notice specifying the breach. Following the five-day period, the nonbreaching party may terminate the AGREEMENT upon service of written notice specifying the date of termination. If the nature of the breach cannot be remedied within five days, the breaching party shall submit a written proposal to the other party setting for the specific means to resolve the default and the anticipated resolution date. Consent by the non-breaching party to an extended remediation period shall not be unreasonably withheld.

13.4 DISTRICT will not pay lost anticipated profits or other economic loss, nor will the DISTRICT compensate or reimburse to cure breach arising out of or resulting from termination.

13.5 Effects of Termination: Expiration or termination of this AGREEMENT shall not have any effect upon indemnity obligations hereunder nor any provisions relating to audits or the availability of records pertaining to the AGREEMENT.

13.6 Suspension of Performance: Independent of any right to terminate the AGREEMENT, the authorized representative of DISTRICT may immediately suspend performance by CITY, in whole or in part, in response to any health, safety, or financial emergency or any failure or refusal by CITY to comply with the provisions of this AGREEMENT until such time as the cause for suspension is resolved or a notice of termination becomes effective.

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

15. HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

16. NOTICES: Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile, or first-class mail with postage prepaid and addressed as follows and shall be deemed effective the day of personal delivery, the business day following facsimile, or five calendar days following mailing.

DISTRICT: CITY:

Paula Adair Marc Mondell
Superintendent City Manager
600 N. Cherry 411 E. Kern Ave

6.8 Consent Page 7
Tulare, Ca 93274 Tulare, CA 93274
Tel: (559) 685-7200 Tel: (559) 684-4200

17. CONSTRUCTION: This AGREEMENT reflects the contributions of both parties and accordingly the provisions of Civil Code section 1654 will not apply to address and interpret any uncertainty or ambiguity herein.

18. NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties in this AGREEMENT do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

19. GOVERNING LAW: This AGREEMENT is to be interpreted and governed pursuant to the laws of the State of California without reference to California conflicts of law principles.

The parties agree that this AGREEMENT is made and shall be performed in Tulare County, California. Venue is agreed to be appropriate in the Superior Court of said County with respect to any and all disputes relating to this AGREEMENT.

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

21. EXHIBITS AND RECITALS: The Recitals and Exhibits to this AGREEMENT are fully incorporated unto and integral parts of this AGREEMENT.

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

23. FURTHER ASSURANCES: Each party agrees to execute any additional documents and to perform any further acts as may be reasonably required to affect the purposes of this AGREEMENT.

24. ASSURANCES OF NON-DISCRIMINATION: CITY shall not discriminate in employment or in the providing of services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation. CITY agrees to provide appropriate training to its employees regarding discrimination and sexual harassment issues, and to promptly and appropriately investigate any allegations that any of its employees may have engaged in improper activities. DISTRICT has the right to require CITY to replace any employee providing services of any kind to DISTRICT pursuant to this AGREEMENT if DISTRICT becomes concerned that its employees, clients, or students, have been subjected to any discrimination or harassment by said employee.

25. ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this AGREEMENT, DISTRICT is relying on the personal skill, expertise, training, and experience of CITY and

6.8 Consent Page 8
CITY's employees. No part of this AGREEMENT may be assigned or subcontracted by CITY without prior written consent of DISTRICT.

26. DISPUTE RESOLUTION: If a dispute arises out of or relating to this AGREEMENT, or the breach of this AGREEMENT, and if the dispute cannot be settled through negotiation, the PARTIES agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation, unless the parties mutually agree otherwise. The mediator will be mutually selected by the parties, but in the case of disagreement, the mediator will be selected by receiving a list of potential mediators from State Mediation and Conciliation Services (SMCS) and the parties alternately striking one name from said list. The first party to exercise a strike shall be determine by witnessed coin toss. If mediation fails to resolve the dispute within 30 days, or a time period as mutually extended by the parties, either party may pursue litigation. The prevailing party in any litigation will be entitled to the reimbursement of reasonable costs and attorney's fees.

27. UNEMPLOYMENT INSURANCE COMPLIANCE: If CITY is a sole proprietor or a partnership, CITY acknowledges that this AGREEMENT is subject to filing obligations pursuant to the Unemployment Insurance Code section 1088.8. In such case, DISTRICT has an obligation to file a report with the Employment Development Department, which report must include the CITY's full name, social security number, address, the date or whether it is ongoing. CITY agrees to cooperate with the DISTRICT to make such information available and to complete DE Form 542. Failure to provide the required information may, at DISTRICT's option, prevent approval of this AGREEMENT, or be grounds for termination by DISTRICT.

28. INTEGRATION OF PRIOR TERMS AND CONDITIONS: This AGREEMENT, including all recitals (and exhibits), constitutes the entire AGREEMENT of the PARTIES. This AGREEMENT may be amended or modified only by the legislative body of each party, although it may be executed by an authorized agent of each Party. An authorized agent of the CITY shall be a person specifically authorized by the legislative body of the CITY to execute this AGREEMENT, at the level of CITY Manager, CITY Attorney, or equivalent.

29. STUDENT RECORDS.

29.1 The parties agree that the police officers assigned to work at the DISTRICT shall be deemed to be a "school official" for the performance on officer's duties on behalf of the DISTRICT. The officer shall therefore be allowed access to student records, but the DISTRICT is in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the police officer to inspect and copy any student records maintained by the school for which the police officer has a "legitimate educational interest" within the scope of the police officers service under this AGREEMENT. This includes access to student directory information to the extent permitted by DISTRICT policy, classroom assignments, attendance records, and discipline files. However, the police officer may not inspect or copy confidential student records outside the scope of the police officer's service, except as allowed by law.

29.2 If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the DISTRICT may disclose to the police officer information that is needed to respond to the emergency situation based on the seriousness of the threat to someone's health or safety, the need of the

6.8 Consent Page 9
information to meet the emergency situation, and the extent to which time is of the essence.

29.3 If confidential student record information is needed by the police officer but no emergency situation exists, unless section 29 (d) applies, the information may be released only upon the issuance of a subpoena, a court order or written authorization of the parent/guardian.

29.4 Pursuant to Education Code section 48902, the principal or designee shall notify the police officer of any acts of a student that may violate specified provisions of the Penal Code and Education Code. This may require the disclosure of the student's name or other identifying information to the police officer, along with information related to the underlying offense.

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

TULARE CITY SCHOOL DISTRICT
By: Date:

Superintendent, DISTRICT

CITY OF TULARE
By: Date:

City Manager, CITY

6.8 Consent Page 10

EXHIBIT A - COMPENSATION

6.8 Consent Page 11

EXHIBIT B - INSURANCE REQUIREMENTS

TULARE CITY SCHOOL DISTRICT, AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT

OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED BELOW

TYPE OF COVERAGE MINIMUM TYPE

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
Workers’ Compensation
Employer’s Liability
Statutory
$1,000,000
Commercial General
Liability, including personal
injury, broad form property
damage
Coverage must be at least as broad
as ISO CG 00 0 1 and must include
property damage, bodily injury, and
personal injury coverage.
$5,000,000 $10,000,000
Automobile Liability,
including all owned, hired,
non-owned
DISTRICT shall provide auto liability
coverage for owned, non-owned,
and hired autos using ISO Business
Auto Coverage form CA 00 0 1, or
the exact equivalent, with a limit of
no less than $5,000,000 per
accident.
$5,000,000 $10,000,000
Personal Liability, including
errors and omissions,
malpractice (when
applicable), and negligent
performance
All damages
$1,000,000
Employment Practices
Liability, including coverage
for third-party claims
Include coverage for any claim
brought against the CITY by or on
behalf of any third party claiming
actual or alleged discrimination,
sexual harassment, or violation of
third party’s civil rights.
$1,000,000

DISTRICT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND

EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE

COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY,

AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCILMEMBERS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS.

6.8 Consent Page 12
I. INSURANCE COVERAGE MUST INCLUDE:

A. A PROVISION FOR A WRITTEN 30-DAY ADVANCE NOTICE (10-DAY NOTICE FOR

CANCELLATION DUE TO NON-PAYMENT OF PREMIUM) TO CITY OF TULARE CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.

C. DEDUCTIBLE AND/OR SELF-INSURANCE RETENTION AMOUNTS IN EXCESS OF $100,000 REQUIRE CITY'S PRIOR APPROVAL.

II. DISTRICT MUST SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.

III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS"
A. PRIMARY COVERAGE: WITH RESPECT TO CLAIMS ARISING OUT OF THE

OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS

POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY

OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. CROSS LIABITY: THE NAMING OF MORE THAN ONE PERSON, FIRM, OR

CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT

REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,

BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

6.8 Consent Page 13
Staff Report
Meeting: City Council
Date: March 19, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Amend the Master Fee Schedule

RECOMMENDED ACTION
Adopt a resolution amending the City of Tulare’s Master Fee Schedule with regard to certain Engineering Division Fees.

SUMMARY
On April 21, 2020, the Council adopted Resolution 2020-16 establishing a schedule of fees and charges for City services. Certain engineering fees were later modified by Resolution 2022-18, which was adopted by Council on May 17, 2022. The Engineering Division has now identified additional revisions described below to the fees it charges, which are recommended for Council approval:

The Public Inspection Fee is a stepped fee based upon the value of the improvements being installed and was initially established in accordance with the recommendations of the 2018 Master Fee Study prepared by Willdan Financial Services. The fee was intended to be based upon the following criteria:

7.1 Public Hearing Page 1
services, the Engineering Division would experience a substantial shortfall in the revenues generated to cover the cost of services provided. Since the adoption of the Master Fee Schedule based on the 2018 Master Fee Study, staff has been able to collect fees based upon the original intent of the fee structure; however, it is recommended that revisions to the Master Fee Schedule be formally adopted to address the incongruent language.

FISCAL IMPACT & FUNDING SOURCE(S)
The proposed revisions to the Engineering Division fees in the City’s Master Fee Schedule are necessary to ensure that sufficient revenues are generated to fund the Division’s public improvement inspection services.

Acct. # 008-4630

LEGAL REVIEW
N/A

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Should Council deny the request to approve the subject resolution, additional general fund dollars may be necessary to subsidize the operations of the Engineering Division.

3. Table – Postponing the recommended corrections to the subject Engineering Division fees extends the risk of misinterpretation or challenge by Developers.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

7.1 Public Hearing Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AMENDING THE MASTER FEE SCHEDULE WITH REGARD TO CERTAIN

ENGINEERING DIVISION FEES
WHEREAS, on May 17, 2022, the City Council of the City of Tulare (“City”) adopted Resolution 2022-18 establishing a schedule of fees and charges for City services; and
WHEREAS, the fees contained in the Master Fee Schedule are based upon an analysis of City services, the reasonable costs borne by the City for providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for services provided; and
WHEREAS, the City desires to comply with both the letter and the spirit of Articles XIIIB of the California Constitution and limit the growth of taxes; and WHEREAS, certain language contained within the Master Fee Schedule established by Resolution 2022-18 pertaining to the Engineering Division’s processing of Public Improvement Inspections has been reviewed and found to be in need of revision to provide more clarity; and
WHEREAS, pursuant to Government Code Section 66018, the specific fees to be charged for services must be adopted by the City Council by resolution after providing notice and holding a public hearing; and
WHEREAS, a public hearing on adoption of this resolution was held as part of a regularly scheduled meeting on March 19, 2024, at 7:00 p.m. in the Council Chamber located at 491 North M Street, Tulare, California; and
WHEREAS, all requirements of California Government Code Sections 66014, 66016, 66017, 66018, and 6062a have been complied with.

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

Section 1. The schedule of fees and charges outlined in Exhibit A is hereby adopted and directed to be computed by and applied by the various City departments and to be collected by the City’s Finance Department for the listed services when provided by the City or its designated contractors.

Section 2. All resolutions or portions thereof and other actions of the City Council in conflict with the contents of this resolution are hereby repealed.

Section 3. This resolution shall go into full force and effect on May 18, 2024.

7.1 Public Hearing Page 3 ATTACHMENT 1
Resolution 2024-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED on this 19th day of March 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

7.1 Public Hearing Page 4
Resolution 2024-XX

Page 3 ends

EXHIBIT A
City of Tulare Master Fee Schedule - Engineering Division Fees for Public Improvement Inspections
Step Estimated Value of Improvements Public Improvement Inspection Fee
Step 1 Up to and including $5,000 6% of estimated value of improvements
Step 2 Next $20,000 of estimated value Additional fee of 5% of Step 2 Value Step 3 Next $75,000 of estimated value Additional fee of 5% of Step 3 Value Step 4 Next $150,000 of estimated value Additional fee of 4% of Step 4 Value Step 5 All amounts of the estimated value in
excess of $250,000
Additional fee of 2% of Step 5 Value

7.1 Public Hearing Page 5
City of Tulare
Agri-Center of the World

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members 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 10 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 TODAY’S DATE AGENDA DATE

ITEM TITLE

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
JOSE SIGALA 3-11-24 3-19-24
Amending City Truck Route Ordinance
Dear Council Members,
I would like request your support in placing on a future council agenda a discussion on the possibility of amending the City's Truck Routes Ordinance.

I would like to review the current truck routes on the west side to determine if any can be amended, limited or elimnated to reduce truck traffic in residential areas.

Thank you for your considertion.

Sincerely,

JOSE SIGALA
Council Member, First District
Item #: 8.1
Future Agenda Item
City of Tulare
Agri-Center of the World

NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE

ITEM TITLE

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
JOSE SIGALA 3-8-24 3-19-24
Funding For The Arts In The City of Tulare
Dear Council Members,
I would like to have your support in agendizing a discussion to designate funding to a line item in the city budget for the Arts in our city and identify a city commission or board which could assist in granting and overssing the funding.

The intent of this request is not o create any additional departments or city staff. The funding would could be designated to individuals, organzations or groups who would be interested in pursuing an Arts project in our city in a form of a grant.

The responsibility for overssing and disseminating any grants could be assigned to an existing city commission or committee to assist in the grant process.

Earlier in the current fiscal year, the council left undesignated some funding that it agreed to conisder at a future date for whatever the council felt appropriate to fund. I strongly believe that funding for the Arts would be an appropirate use of these funds.

Thank you for your consideration.

JOSE SIGALA
Council Member, First District
Item #: 8.2
Future Agenda Item

Tulare City CouncilMarch 19, 2024

Tulare City Council
March 19, 2024