Agenda packet, regular meeting — Tulare City Council, May 17, 2022

City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, May 17, 2022
6:00 p.m. – Closed Session
6:30 p.m. – Study Session
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Attending and Participating in Meetings
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare. Additional meetings of the City Council may be called as needed.

Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Citizen Comments and/or General Business items. Please note that there will be approximately a 20- second delay in broadcast for viewers. When calling in, please mute speakers if viewing the meeting via YouTube.

City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Citizen Comments portion of the meeting. • When invited by the Mayor to speak, please step up to the podium, state your name and city where you reside, and make your comments. Comments are limited to three minutes per speaker.

Agri-Center of the World
Mayor
Dennis A. Mederos, District 4
Vice Mayor
Terry A. Sayre, District 2
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Patrick Isherwood, District 5
City Council Agenda May 17, 2022
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I. CALL TO ORDER CLOSED SESSION – 6:00 p.m.

II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.

III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

1. 54956.9 Conference with Legal Counsel – Existing Litigation (1) Name of Case: Arcadia, et al (City of Tulare) v. So. Cal Edison Corp.

Santa Barbara Superior Court Case No. 20 CV 02026
IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER STUDY SESSION – 6:30 p.m.

VIII. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.

IX. STUDY SESSION

1. Discussion regarding submitting a proposed cannabis tax to voters and number of retail locations. [Submitted by: M. Zamora]
X. ADJOURN STUDY SESSION
XI. CALL TO ORDER REGULAR MEETING – 7:00 p.m.

XII. PLEDGE OF ALLEGIANCE AND INVOCATION: Susan Henard, River Valley Church XIII. PROCLAMATIONS

1. Proclamation for Ellie’s Day, May 18, 2022.

2. Proclamation in honor of National EMS Week, May 15-21, 2022.

3. Proclamation in honor of Mental Health Awareness Month, May 2022.

XIV. CITIZEN COMMENTS - This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise City Council Agenda May 17, 2022
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extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.

XV. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council.

XVI. CONSENT CALENDAR - All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only.

2. Approve minutes of the April 19, 2022, regular meeting and April 27, 2022, special meeting. [Submitted by: M. Hermann]

3. Adopt Ordinance 2022-04 revising Section 8.36.280(F) Chapter 36 of Title 8 of the City of Tulare Municipal Code adding Tower Square to the locations prohibiting camping. [Submitted by: M. Zamora]

4. Receive the monthly investments report for March 2022. [Submitted: D. Thompson]

6. Authorize the City Manager or designee to sign amended agreement number KT/AAA 2021/2022 for the City of Tulare to provide meals and services to the senior citizens. [Submitted by: J. Glick]

7. Adopt a resolution to amend the Fiscal Year 2021-2022 Annual Operating Budget. [Submitted by: D. Thompson]

10. Approve the final map for Phase 2b of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller]
City Council Agenda May 17, 2022
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XVII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) XVIII. GENERAL BUSINESS - Comments related to General Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Public Hearing
(a) Receive and accept the City of Tulare Housing Element and General Plan Annual Progress Reports for 2021 and authorize staff to submit to the Governor’s Office of Planning and Research and Department of Housing and Community Development. [Submitted by: M. Anaya]
(b) Adopt a resolution approving Community Development Block Grant (CDBG) Annual Action Plan (APP) to allocate approximately $680,000 to public infrastructure and facility improvements, $105,000 to services for people experiencing homelessness, $79,100 to affordable housing preservation, and $140,400 to CDBG program administration and fair housing activities; and authorize the City Manager or their designee to submit the same to HUD on behalf of the City of Tulare. [Submitted by: A.Costales]
(c) Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-19 – (Cordeniz), Annexation No. 2021-01 (North Tulare No. 34) and Zone Amendment No. 746; adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2021-01 (North Tulare No. 34) and detachment of the property from County Service Area No. 1 and the Tulare Irrigation District; and pass to print an ordinance approving Zone Amendment No. 746, pre-zoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) zoning designation to become effective upon annexation into the City limits on property located on the northwest corner of Cartmill Avenue and De La Vina Street. [Submitted by: S. Sopp]
(d) Adopt a resolution to approve the 2022-2023 Master Fee Schedule effective July 1, 2022. [Submitted by: D. Thompson]
(e) Pass to print an ordinance revising Title 7, adding Chapter 7.17 (Mandatory Recycling and Organic Waste Disposal Reduction) establishing policies to reduce organic waste disposal, increase edible food recovery, and establish programs for the collection and recycling of organic waste in the City of Tulare. [Submitted by: A.

Bettencourt]

2. Finance
(a) Review the Proposed Fiscal Year 2022/23 Budget. [Submitted by: D. Thompson]

3. City Manager
(a) Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program. [Submitted by: M. Mondell]
(b) Review the Homeless Shelter Memorandum, direct staff to proceed with negotiating a lease agreement with Tulare County for the City to design, construct, City Council Agenda May 17, 2022
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and operate a temporary encampment and shelter on their property, and direct staff to prepare and issue a Request for Proposals (RFP) for the operation of the temporary encampment and shelter by a non-profit operator. [Submitted by: M.

Mondell]
XIX. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) XX. ADJOURN REGULAR MEETING
Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disabilityrelated modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

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

City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Thursday, May 12, 2022, at City Hall, 411 E. Kern Avenue, as well as on the City’s website.

POSTED BY: Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: May 17, 2022 Agenda Memo
Date: May 12, 2022
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

I. CALL TO ORDER CLOSED SESSION – 6:00 p.m.

II. CITIZEN COMMENTS – Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.

III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

1. 54956.9 Conference with Legal Counsel – Existing Litigation (1) Name of Case: Arcadia, et al (City of Tulare) v. So. Cal Edison Corp.

Santa Barbara Superior Court Case No. 20 CV 02026
IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER STUDY SESSION – 6:30 p.m.

VIII. CITIZEN COMMENTS – Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.

IX. STUDY SESSION

1. Discussion regarding submitting a proposed cannabis tax to voters and number of retail locations. [Submitted by: M. Zamora] In 2021, Council awarded three retail permits for recreational cannabis sales within City limits. Revenue fees from those establishments are collected through development agreements that Council approved last month. In order to codify those agreements, make an even playing field for all Tulare City Council Page 2
Agenda Memo – May 17, 2022
retailers, and plan for any additional development, it is recommended that a general tax be imposed on the cannabis industry within the City.

Proposition 62 requires general taxes to be proposed by ordinance or resolution. Govt C §53724(a). The ordinance or resolution must include the type of tax, the rate of tax, and the method of collection. Govt C §53724(a). A proposed tax may state "a range of rates or amounts." If a range of rates is approved, the governing body may impose up to the maximum amount approved without additional voter approval. Govt C §53739. A proposed tax may also provide for inflationary adjustments to the rate or amount, unless the tax is to be determined by using a percentage calculation. Govt C §53739. Proposition 62 also states that enactment of general taxes requires a two-thirds vote of the legislative body. Govt C §53724(b), however, as a Charter City, Tulare is exempt from this requirement and needs only three (3) affirmative votes to place the tax on the ballot. Traders Sports, Inc. v City of San Leandro (2001) 93 CA4th 37.

The attached draft resolution asks a majority of the voters to say “yes” or “no” to impose a cannabis tax. If approved, the ordinance attached to the resolution would be adopted once the election was certified. The exact rates are established by the Council as needed and may change with market conditions, but cannot exceed the maximum rates stated in the ordinance. The maximum rates are $10.00 per canopy square foot for cultivation, 10% of gross receipts for retail cannabis businesses, and 10% for all other cannabis businesses. However, the market rates are well below those rates and will be established at a later date if the tax is approved.

Separately, Councilman Sigala asked the Council to discuss the number of retailers permitted in City limits. Staff recommends Council (1) direct staff to place a draft resolution on the next Council agenda for approval. Doing so will place the tax on the November 8, 2022, general election for approval by the residents; and (2) provide any additional direction regrading the number of retail establishements.

X. ADJOURN STUDY SESSION
XI. CALL TO ORDER REGULAR MEETING – 7:00 p.m.

XII. PLEDGE OF ALLEGIANCE AND INVOCATION: Susan Henard, River Valley Church XIII. PROCLAMATIONS

1. Proclamation for Ellie’s Day, May 18, 2022.

2. Proclamation in honor of National EMS Week, May 15-21, 2022

3. Proclamation in honor of Mental Health Awareness Month, May 2022 XIV. CITIZEN COMMENTS - This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens to comment on Tulare City Council Page 3
Agenda Memo – May 17, 2022
items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.

XV. COMMUNICATIONS - [Time Estimate: 7:30-7:35 p.m.] Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council.

XVI. CONSENT CALENDAR - [Time Estimate: 7:35-7:50 p.m.] All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only.

2. Approve minutes of the April 19, 2022, regular meeting and April 27, 2022, special meeting. [Submitted by: M. Hermann] The minutes of the April 19, 2022, regular meeting and April 27, 2022, special meeting are submitted for Council approval. Staff recommends Council approve as presented.

3. Adopt Ordinance 2022-04 revising Section 8.36.280(F) Chapter 36 of Title 8 of the City of Tulare Municipal Code adding Tower Square to the locations prohibiting camping. [Submitted by: M. Zamora] On April 19, 2022, the City Council passed to print Ordinance 2022-04 revising Section 8.36.280(F) Chapter 36 of Title 8 of the City of Tulare Municipal Code adding Tower Square to the location prohibiting camping. Staff recommends Council adopt Ordinance 2022-04.

4. Receive the monthly investments report for March 2022. [Submitted: D.

Thompson] The investments report for the period ending March 2022 is submitted for review and acceptance. Staff recommends Council accept as presented.

5. Authorize the City Manager, or designee, to purchase equipment to be used for the new aerial ladder truck from LN Curtis and Sons in the amount of $93,244.78 using the remaining allocated ARPA funds left over after the purchase of the apparatus. [Submitted by: D. Rossman] During the Special Session of the City Council that was held on December 7, 2021, the Council voted unanimously to amend Resolution 2021-58 to include up to $1,500,000 for the purchase of a Fire Department Ladder Truck and related equipment.

Following the purchase of the Pierce Ladder Truck, there was a balance of $93,379.84 remaining from the allocated ARPA funding. Three vendors were contacted and asked to provide a quote for equipment related to the ladder truck. They were given Tulare City Council Page 4
Agenda Memo – May 17, 2022
instructions to not deviate from the brands/part numbers listed, however, were granted the latitude to substitute brands for any similar items they sell if a specific part number was not listed. Staff received responses from both LN Curtis and Sons and MES Fire.

The third vendor, Allstar Fire did not respond.

Of the two responses staff received, LN Curtis and Sons provided a quote that included nearly all the items on the equipment list submitted, therefore, the Fire Department has selected them as the primary purchasing source.

The City’s Purchasing Policy CM-14, Section 4. H. addresses “Sole Source” which much be approved by the City Manager and City Council.

The Sole Source procedures may be used if: there is reasonably only one reliable source for the needed Purchases, or because of the City has standardized on a product line due to system cost savings by avoiding wasteful inventorying of multiple product lines; and the intent of this policy is achieved that City Purchase be at a reasonable price that is unaffected by improper favoritism towards any vendor.

Due to the extended delivery window for receiving the new ladder truck, the continued rise in materials costs and supply chain delays the Nation is experiencing right now, staff feels that the most fiscally responsible action to take is to purchase the equipment at this time using the remaining ARPA funds balance in order to avoid additional cost increases and longer delay times.

If this purchase is authorized there will be a remaining funds balance of funds $135.06, however, the Fire Department will consider this project completed. Staff recommends Council authorize the City Manager, or designee, to purchase equipment to be used for the new aerial ladder truck from LN Curtis and Sons in the amount of $93,244.78 using the remaining allocated ARPA funds left over after the purchase of the apparatus.

6. Authorize the City Manager or designee to sign amended agreement number KT/AAA 2021/2022 for the City of Tulare to provide meals and services to senior citizens. [Submitted by: J. Glick] This is an amendment to the agreement originally brought to the City Council on August 3, 2022. Kings/Tulare Area on Aging (KT/AAA) has a long-standing contract with the City of Tulare to provide congregate meals and home-delivered meals to the senior citizens that live within the community. KT/AAA has offered additional one-time only funding in the amount of $168,651. The original contract amount for the current budget year was $224,753. The revised total contract amount will be $393,404. Matching funds are 10% and are covered by normal operating budget expenditures of the Senior Center. Staff recommends Council authorize the City Manager or designee to sign amended agreement number KT/AAA 2021/2022 for the City of Tulare to provide meals and services to senior citizens.

7. Adopt a resolution to amend the Fiscal Year 2021-2022 Annual Operating Budget. [Submitted by: D. Thompson] On April 19, 2022, a presentation of the mid-budget reflected an increase in General Fund revenue of $2,670,060 from the original budget approved on June 15, 2021. The increase is due mainly to an increase in sales tax Tulare City Council Page 5
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revenues, lawsuit settlement and other unanticipated revenues. Council subsequently directed staff to allocate the increase revenue as follows:
• Homeless Reserve $1,500,000
• Inyo Corridor Redevelopment $500,000
• Vehicle/Equipment Replacement $300,000
• Catastrophic/PERS Personnel Reserve $300,000
The attached resolution has been prepared to reflect Council’s direction to staff and provided for Council consideration. Staff recommends Council adopt the attached resolution to amend the Fiscal Year 2021-2022 Annual Operating Budget.

8. Approve and authorize the City Manager or designee to enter into a Professional Services Agreement for Consulting Services with MIG, Inc. not to exceed $100,000 to prepare the City of Tulare Downtown Masterplan Update. [Submitted by: T. Myers] On February 15, 2022, City Council approved the circulation of a Request for Proposals (RFP) seeking a consultant team to support the formulation of a Downtown Master Plan to update the City’s existing Downtown Tulare Vision 2040 Plan.

Staff issued the RFP on February 25, 2022. The RFP was posted on the City’s website, sent to a list of approximately twenty-five firms and was advertised on the American Planning Associate website. Proposals were due to the City on or before April 8, 2022.

Four proposals were received by the due date from the following:

1. SWA

2. Stantec

3. MIG, Inc.

4. QK/Kosmont
A review committee consisting of City staff and stakeholders reviewed each proposal and ranked each based upon the following criteria:
 Consultant Background
 Project Team
 Individual Qualifications and Experience
 Understanding of the Scope of Work (including public outreach process)  Schedule (timing)
 References
The review and ranking by the review committee yielded a majority consensus that MIG, Inc. was the preferred consultant having significant downtown redevelopment experience. A copy of the proposal submitted by MIG, Inc. is attached for City Council’s reference.

Following approval by City Council, staff will proceed with the execution of a Professional Services Agreement with MIG, Inc. and begin project initiation.

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It is anticipated the project will occur over a six-month time period. Task two includes several meetings including meetings with the community, stakeholders, elected official and a Downtown Master Plan Update project committee.

City Council will be presented with the final Master Plan Update for review and adoption following its completion. Staff recommends Council approve and authorize the City Manager or designee to enter into a Professional Services Agreement for Consulting Services with MIG, Inc. not to exceed $100,000 to prepare the City of Tulare Downtown Masterplan Update.

9. Accept a Grant of Easement for water pipeline easement from Great Valley Builders, Inc., a California Corporation, for the installation, repair and maintenance of a water pipeline and appurtenances to provide a city water service from Seminole Avenue to the landscape lot located in the Oak Creek Landscape & Lighting District on the east side of Mooney Boulevard, south of Seminole Avenue. [Submitted by: M. Miller] Great Valley Builders, Inc., a California Corporation, owner of Lot 13 of the Oak Creek No. 4 Subdivision located on the south side of Seminole Avenue at Mooney Boulevard, is required to construct a water pipeline and associated appurtenances across adjacent property to facilitate certain improvements required for the Oak Creek Master Plan area basin. This grant of easement for water pipeline and appurtenances will allow the improvements to be constructed, repaired and maintained across the adjacent property. Staff recommends Council accept a Grant of Easement for water pipeline easement from Great Valley Builders, Inc., a California Corporation, for the installation, repair and maintenance of a water pipeline and appurtenances to provide a city water service from Seminole Avenue to the landscape lot located in the Oak Creek Landscape & Lighting District on the east side of Mooney Boulevard, south of Seminole Avenue.

10. Approve the final map for Phase 2b of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller] Planning Commission Resolution No. 5066 adopted on January 28, 2013 approved the tentative map for the KCOK Ranch subdivision located between Mooney Boulevard and Morrison Street, north of Seminole Avenue. The overall subdivision comprises approximately 110 acres and consists of 355 lots to be developed in 9 phases. The map requires public utility easements, block wall easements, street dedications, and lots dedicated in fee to the City for landscaping, block wall, sidewalks and other public purposes.

All fees and sureties required per the subdivision improvement agreement have been provided prior to this subdivision map being presented to Council for approval.

A copy of Planning Commission Resolution No. 5066 and the draft final map is attached for reference. Staff recommends Council approve the final map for Phase 2b of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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XVII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(3) [Time Estimate:
7:50-8:00 p.m.]
XVIII. GENERAL BUSINESS - Comments related to General Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Public Hearing [Time Estimate: 8:00-9:00 p.m.]
(a) Receive and accept the City of Tulare Housing Element and General Plan Annual Progress Reports for 2021 and authorize staff to submit to the Governor’s Office of Planning and Research and Department of Housing and Community Development. [Submitted by: M. Anaya] Government Code Section 65400 requires the City of Tulare (City) to prepare and submit an Annual Progress Report (APR) on the implementation of the Housing Element of the General Plan (Attachment 1) and the entire General Plan (Attachment 2). The Government Code requires the APR to be “considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments,” and then submitted to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

The attached documents were presented to the Planning Commission as a public hearing item at their April 11, 2022 meeting. No comments from the public were made at that time. The APRs are presented to City Council tonight at this regular meeting. Following staff’s presentation and the public hearing, as directed by City Council, City staff will submit the 2021 APRs to OPR and HCD.

SUMMARY OF TULARE HOUSING ELEMENT APR FOR 2021
Housing Development Activity
In the 2021 APR, Tables A, A2, and the Summary tables summarize housing development activity for the 2021 calendar year as follows:
• Development Applications: 212 housing applications were submitted proposing 620 units (491 single-family, 119 multi-family, and 10 accessory dwelling units (ADUs)). All were Above Moderate Income except for the Santa Fe Commons Apartments, which total 33 Very Low Income units and 48 Low Income Units (deed restricted), and the Oak Creek 4 Apartments which applied for 34 units categorized as Moderate Income (non-deed restricted) based on density and expected rents. (Table A)
• Entitlements: The City approved entitlements for 47 housing units as part of the Monterey Estates No. 2 Tentative Subdivision Map all single-family residences, and all Above Moderate Income. (Table A2)
• Building Permits Issued: The City issued building permits for 157 housing units (120 single-family, 32 multi-family, and 5 ADUs). All were Above Moderate Tulare City Council Page 8
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Income except for the 32 multi-family units classified as Moderate Income (nondeed restricted) based on density and expected rents. (Table A2) • Certificates of Occupancy Issued: The City issued certificates of occupancy for 74 housing units (72 single-family and 2 ADUs), all Above Moderate Income. (Table A2)
Progress Meeting RHNA
Table B summarizes the City’s progress meeting its Regional Housing Needs Assessment (RHNA) allocation for the 2015 to 2023 planning cycle. Based on the number of housing units issued a building permit from 2015 through 2021, Tulare has a remaining need of 1,836 RHNA units. The City has fulfilled its RHNA allocation for Above Moderate Income units and has a remaining need for 1,836 very low, low, and moderate income units. City staff will continue to encourage opportunities to develop very low, low, and moderate income units to help meet its RHNA allocation through 2023.

No Net Loss Finding
In accordance with SB 166, passed in 2017, if a city approves development on a site identified to accommodate RHNA need in the Housing Element at a lower density or different income level than identified, the city needs to make a written finding that the need can be met by other sites identified in the housing element, or “identify and make available” other sites to accommodate the need within 180 days. The City analyzed its development activity on sites identified in the housing element to meet RHNA need, and made the required findings in 2019, showing no net loss as of June 2019. If any sites are identified or rezoned to meet no net loss provisions, they will be reported in future APRs. There were no such sites in the 2021 calendar year.

Housing Element Program Status
Table D requires the City to provide a status update on its Housing Element Programs. The City has prepared a detailed status update for the programs listed in this table.

SUMMARY OF TULARE GENERAL PLAN APR FOR 2021
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Adopted General Plan Amendments
State law allows the General Plan to be amended up to four times annually. There were no General Plan Amendments approved in 2021.

Major Development Project Milestones
Construction was approved, initiated, or completed within the City of Tulare for the following major projects during the 2021 calendar year:
• Prosperity Mall (In-N-Out & Raising Cane’s)
• The Vineyard (Dutch Bros. & Circle K)
• St. Rita’s Catholic Church (new campus at new location) Several residential subdivisions continue to build out with substantial milestones or completion on the following occurring in 2021:
• Kensington 3-4 (111 lots) – Broke Ground and began construction • Oakcrest (213 lots) - Broke Ground and began construction • Hidden Ridge (32 lots) - Broke Ground on infrastructure improvements • The Greens @ Oak Creek (139 lots) – Broke Ground and began construction General Plan Implementation Measures Status Update
The City implements its General Plan visions, goals, and policies through the use of many programs, projects, and tools. These implementation measures ensure the overall direction set forth in the General Plan is translated from general ideas into action, and the City’s vision for its future is met. Implementation measures with substantial progress to report for the 2021 planning period are listed in the table starting on the next page, with the full list of General Plan Implementation Measures and their status included in the APR in Attachment 2 to this staff report.

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LAND USE ELEMENT
Implementation
Measure Description Responsibility Quantified Objective Time
Frame Status
Implementation
Measure LU-1:

Urban
Development
Boundary
The City shall
evaluate the urban
development
boundary (UDB)
every five years to
ensure there is
enough capacity to
accommodate
anticipated growth
and adequate utility,
city service, and
infrastructure
capacity to
accommodate
anticipated growth.

Planning
Division N/A
Every
five
years
and
Ongoing
The City still has
adequate capacity to
accommodate
anticipated growth and
adequate services
within the UDB. The
City completed two
annexations in Spring
2020, one in the north
and one in the
southeast of the City, to
bring in additional land
needed to support
residential and
commercial growth.

The City is working
on a large annexation
near the COS Tulare
Campus in the
southeast part of the
City and has received
an annexation
application in 2021 for
approximately 37
acres in the
northeastern part of
the City. As such,
there continue to
remain enough areas
within the existing
UDB to accommodate
anticipated growth.

Tulare City Council Page 11
Agenda Memo – May 17, 2022
Implementation
Measure LU-2:

Compact & Infill
Development
The City shall
develop zoning
incentives to
encourage innovative
design in both infill
and newly developing
areas that optimizes
the use of vacant
land through flexible
development
standards, shared
parking, landscaping,
and site amenities.

Planning
Division N/A By 2020
The City has been
awarded a LEAP grant
to assist in the
comprehensive
update of the City’s
Zoning Ordinance to
make a number of
revisions, including
revisions to
incentivize infill
development, as
described in this
implementation
measure. In 2021 the
City of Tulare
selected a consultant
through an RFP
process to begin
working on this effort
with City planning
staff.

Implementation
Measure LU-4:

Mixed-Use
Redevelopment
& Adaptive
Reuse
Downtown
The City shall
develop zoning
incentives that
encourage mixed-use
redevelopment in the
downtown area
through the reuse of
existing buildings
Planning
Division N/A By 2020
The City was awarded
an HCD LEAP Grant
and in 2021 selected a
consultant to assist
with the
comprehensive
update of the Zoning
Code, including
cleaning-up, revising
the mixed-use section
to make it easier to
use and incentivize
mixed-use, infill
development. An
adaptive re-use
ordinance will be
explored as part of
this zoning code
update, or/and also
incorporated into the
City’s upcoming
Downtown Master
Plan.

Tulare City Council Page 12
Agenda Memo – May 17, 2022
Implementation
Measure LU-7:

Water Master
Plan
The City shall update
its water master plan
to address future
water supply
treatment, and
distribution system.

The water master
plan shall explore:
a. Water supply
alternatives.
b. Treatment
alternatives, including
wellhead and
centralized treatment.
c. Alternatives for
reuse of grey water.
d. Water
conservation
program.

Public Works
Department
and
Engineering
Division
N/A Ongoing
The City’s
Engineering Division
is currently working
with a consultant on
the update to the
City’s Water System
Master Plan.

Implementation
Measure LU-9:

Street Tree
Management
Plan
The City shall update
its Street Tree
Management Plan
based on the 2035
General Plan
Planning
Division N/A Ongoing
The City’s Street Tree
Ordinance was updated
based on the 2035
General Plan. The
Street Tree
Management Plan shall
be amended, modified,
and added to such
plan, from time to time,
upon recommendation
of the Parks and
Recreation
Commission.

In 2021, the Parks and
Recreation
Commission
approved the
adoption of an
amended Street Tree
species List.

Implementation
Measure LU-10:

Neighborhood
Identification
The City shall require
that entrances to the
new subdivision
fronting on arterials
are accented with
distinctive
landscaping,
pavement, and
signage treatments.

Planning
Division N/A Ongoing
Planning Division
staff will be updating
the Zoning Ordinance
and other pertinent
sections of the City’s
Municipal Code to
ensure this policy is
codified and
consistent with the
2035 General Plan.

Tulare City Council Page 13
Agenda Memo – May 17, 2022
Implementation
Measure LU-14:

General Plan
Consistency
The City shall review
and amend as
necessary, applicable
ordinances and
regulations
referenced herein to
ensure consistency
with the General
Plan. These shall
include the following:
a. Zoning
Ordinance
b. Subdivision
Ordinance
c. Development
Standards
Planning
Division N/A Ongoing
The City has been
awarded a grant to
assist in the
comprehensive update
of the City’s Zoning
Ordinance, and during
that update staff will
look at the need to
make necessary
updates to the
Subdivision Ordinance
and Development
standards, to ensure
consistency between
these documents and
the 2035 General Plan.

In 2021, the City
selected a consultant
to bring under
contract to begin
making the necessary
updates.

Implementation
Measure LU-16:

Annual Review
The Planning
Commission shall
review the General
Plan annually,
focusing principally
on actions
undertaken in the
previous year to carry
out the
implementation
programs of the Plan.

The Planning
Commission’s report
to the City Council
shall include, as the
Commission deems
appropriate,
recommendations for
amendments to the
General Plan. This
review shall also be
used to satisfy the
requirements of
Public Resources
Code section
21081.6 for a
mitigation monitoring
program.

Planning
Division N/A Ongoing
This is the Annual
Progress Report for
Calendar Year 2021,
being presented to
the Planning
Commission, City
Council, and filed with
the Office of Planning
and Research,
serving as an annual
review of the
implementation of the
City’s General Plan.

Tulare City Council Page 14
Agenda Memo – May 17, 2022

TRANSPORTATION AND CIRCULATION ELEMENT
Implementation
Measure TR-1:

Roadway
Standards &
Priority Projects
The City shall
coordinate with
Caltrans to establish
priorities for freeway
improvements and
initiate a process for the
design, funding, and
construction of
improved freeway
interchanges.

Planning
Division N/A Ongoing
The City continues to
work with Caltrans and
TCAG to establish
priorities for freeway
projects within the City,
including cooperating on
planning, design, and
funding studies for
projects. In 2021, the
City had multiple calls
and meetings with
Caltrans to coordinate
on the SR-99 freeway
widening project,
several interchange
projects, as well as
needed surface
transportation
improvements along
state routes through
the city.

Implementation
Measure TR-7:

Database of
Needed
Sidewalks
The City shall develop
and maintain a
database of sidewalks
along streets which
currently do not contain
continuous sidewalks.

Planning
Division and
Engineering
Division
N/A Ongoing
The City’s Project
Management Team
maintains a database of
areas along streets that
do not contain
continuous sidewalks.

The Project
Management Team uses
this list to help prioritize
capital projects and
identify funding to
complete gaps in
sidewalks, particularly in
older areas of the City
and former County areas
that were not originally
developed with sidewalk
infrastructure. In the
2021 calendar year, the
following sidewalk
addition projects were
approved and are
under construction: 1)
Elliott Tract
Improvements; 2) Pratt
Street-Mefford Choice
Tract Improvements; 3)
Sequoia-Spruce Tract
Improvements
Tulare City Council Page 15
Agenda Memo – May 17, 2022
Local Early Action Planning Grant
The City of Tulare applied for and was notified that it was approved for a $300,000 Local Early Action Planning (LEAP) Grant. This grant will be used to support implementation of various City of Tulare General Plan policies through a comprehensive update of the City’s Zoning Ordinance. The updates to the Zoning Ordinance are proposed to make the Zoning Ordinance consistent with changes required as a result of the adopted General Plan policies, changes to state law, and changes due to new and changing planning and market trends related to land use.

The objective is to have a clearer Zoning Ordinance, consistent with policies and implementation measures in the General Plan, including streamlining and facilitating orderly growth through process improvements that accelerate housing production, and facilitate compliance with the implementation of the City’s sixth cycle of the regional housing needs assessment (RHNA). In 2021, the City selected a consultant, QK Inc. of Visalia, through an RFP process to begin work on the Comprehensive Zoning Code Update, which has begun this spring 2022. Staff recommends Council receive and accept the City of Tulare Housing Element and General Plan Annual Progress Reports for 2021 and authorize staff to submit to the Governor’s Office of Planning and Research and Department of Housing and Community Development.
(b) Adopt a resolution approving Community Development Block Grant (CDBG) Annual Action Plan (APP) to allocate approximately $680,000 to public infrastructure and facility improvements, $105,000 to services for people experiencing homelessness, $79,100 to affordable housing preservation, and $140,400 to CDBG program administration and fair housing activities; and authorize the City Manager or their designee to submit the same to HUD on behalf of the City of Tulare. [Submitted by: A.Costales] Local administration of the Community Development Block Grant (CDBG) Program is overseen by the City’s Community & Economic Development Department in cooperation with other City departments. Through the Annual Action Plan process, the City Council and Department staff forward activities that meet the goals identified under the City’s 2020-2024 CDBG Consolidated Plan (ConPlan) and the national objectives and requirements of the CDBG Program as determined by the U.S. Department of Housing and Urban Development (HUD).

On May 5, 2020, the City Council adopted the ConPlan for use of CDBG funds following comprehensive public outreach, meetings, and consultation with other organizations and agencies. For reference, the prioritized goals of the current fiveyear ConPlan period include those listed below.

Table 1 – 2020-2024 Consolidated Plan Strategic / Priority Needs 1) Provide public infrastructure and facility improvements for moderate- and low-income households.
2) Provide direct assistance and/or housing for people experiencing homelessness and those at-risk.
3) Improve access to affordable housing for moderate- and low-income households and for people with special needs.

Tulare City Council Page 16
Agenda Memo – May 17, 2022
4) Provide public services for moderate- and low-income households and for people with special needs.
5) Improve access to employment and training opportunities for moderate- and low-income households, people with special needs, and people experiencing homelessness. 6) Provide professional and high-quality grant administration and fair housing services.

Between February 22nd and March 23rd, Department staff held a Request for Applications (RFA) period, sought public comment, held one public meeting, and consulted with local organizations and other City staff in order to gather information and proposals for the Fiscal Year 2022 CDBG Action Plan (See pg. 5-7 of the Draft 2022 Action Plan for a summary of public outreach and participation). An array of local agencies and organizations were notified of the CDBG funding opportunity and encouraged to propose activities. The City received thirteen (13) applications from eleven (11) different entities prior to the close of the RFA period on Wednesday, March 23, 2022. Table 2 provides a brief overview of the applications and associated funding requests. Department staff reviewed applications according to criteria including, but not limited to, how a proposed activity and/or its sponsor: a) benefits low- and moderate-income households b) demonstrates cost reasonableness and effectiveness; c) experience and past performance; and, d) management and implementation approach.

Table 2 – Applications for 2022 CDBG Funds
Organization Project Type / Purpose Funding Request
Kings View Corporation Public Service / Case
management and housing plan
implementation for upwards of 20
people experiencing
homelessness
$35,000
Habitat for Humanity of
Tulare / Kings Counties
Affordable Housing / Complete
property repairs and minor
rehabilitation work for low-income
homeowners
$70,000
Kings Tulare Homeless
Alliance
Public Service / Case
management and housing plan
implementation for upwards 20
people experiencing
homelessness
$35,000
Salt+Light Works Public Service / Case
management and housing plan
implementation for upwards 20
people experiencing
homelessness
$35,000
Family Services of Tulare
County
Public Service / Case
management and support
services on the Housing First
program for formerly homeless
individuals.
$25,000
Tulare City Council Page 17
Agenda Memo – May 17, 2022
Bridge of Faith America Public Service / Provide outreach and food to people experiencing
homelessness
$10,000
*Engineering Division Public Infrastructure / Complete
utility and pavement system
enhancements in the Pratt Street
- Mefford Choice Area to address
regulatory, safety, and
environmental requirements
*$280,000 and $370,000
(2 separate projects)
Planning Division Public Facility / Conduct public
outreach and prepare site plans
for the restoration of park
amenities at Centennial Park
$30,000
Self-Help Enterprises Public Service / Provide general
facility operating, supplies, and
client costs at Eden House for
Tulare participants
$165,539
Self-Help Enterprises Public Service / Provide client
food costs at Eden House for
Tulare participants
$25,000
Mental Health Systems,
Inc.

Public Service / Provide client
food costs at Eden House for
Tulare participants
$25,000
Community Services &
Employment Training,
Inc (CSET)
Public Service or Program
Administration / Provide outreach
and education to Tulare residents
about fair housing and enable
access to housing counseling,
including foreclosure prevention
and first-time home buying.
$21,000
Proposed Activities and Budgets for FY 2022 Annual Action Plan Total expected funding for Fiscal Year 2022 involves an estimated annual allocation of $705,000, an estimated $9,500 in available CDBG program income, and approximately $290,000 in CDBG funds remaining from the current Fiscal Year 2021. Together, about $1,004,500 is available for the City Council, with public comment, to award to local organizations and City Departments to implement an eligible activity.

Since the CDBG Program places a cap of 15 percent on the amount of CDBG funds a jurisdiction may commit to public service activities in a given program year, only several of the proposed public service activities may receive a portion of the approximately $105,000 available under this particular project type. Department staff requests City Council’s review and comments at this time. City Council may formally approve activities and their respective budgets at the end of a 30-day public comment period and upon closure of a public hearing during the May 17th City Council meeting.

Tulare City Council Page 18
Agenda Memo – May 17, 2022
Table 3 – Proposed 2022 Annual Action Plan – Activities and Estimated Budgets *Public Services –
1) Kings View: $35,000
2) Kings Tulare Homeless Alliance: $35,000
3) Salt+Light Works: $35,000
Public Infrastructure & Facilities –
4) Pratt St / Mefford Choice Tract: $280,000
5) Sycamore & San Joaquin Ave: $370,000
6) Centennial Park Restoration – Year 1 Planning: $30,000 Affordable Housing –
7) Habitat for Humanity: $79,100
Program Administration & Planning –
8) Management, Oversight, and Coordination - $100,400; Public Information & Advertising - $18,000; Fair Housing Activities w/ a subcontractor (ex. CSET) - $15,000; Submission of applications for federal and other programs - $7,000 Notes
• City may cover a portion of the case management and housing placement services on the upcoming Encampment Resolution Funding Program;
• City must use other funding sources to continue wrap around services for formerly homeless people, Tulare clients, at Eden House, a transitional housing project, and on the Tulare Housing First rental voucher program.

A focus on services for people experiencing homelessness and public infrastructure improvements in the proposed Action Plan aligns with goals as identified in the 2020-2024 Consolidated Plan. Information on the proposed activities and funding was available for public review and comment from April 15 to May 17, 2022. Staff recommends Council adopt a resolution approving Community Development Block Grant (CDBG) Annual Action Plan (APP) to allocate approximately $680,000 to public infrastructure and facility improvements, $105,000 to services for people experiencing homelessness, $79,100 to affordable housing preservation, and $140,400 to CDBG program administration and fair housing activities; and authorize the City Manager or their designee to submit the same to HUD on behalf of the City of Tulare. (c) Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-19 – (Cordeniz), Annexation No. 2021-01 (North Tulare No. 34) and Zone Amendment No. 746; adopt a resolution requesting the Tulare County Local Agency Formation Commission initiate proceedings for annexation No. 2021-01 (North Tulare No. 34) and detachment of the property from County Service Area No. 1 and the Tulare Irrigation District; and pass to print an ordinance approving Zone Amendment No. 746, pre-zoning the subject property to the R-1-5 (Single- Tulare City Council Page 19
Agenda Memo – May 17, 2022
family Residential, 5,000 sq. ft. minimum lot area) zoning designation to become effective upon annexation into the City limits on property located on the northwest corner of Cartmill Avenue and De La Vina Street. [Submitted by: S. Sopp] This is a request by San Joaquin Valley Homes to annex into the City limits and subdivide approximately 38-acres into a 144-lot single-family residential subdivision. The subject parcel is currently outside of the City limits and is currently subject to the County’s zoning designation. The applicant is proposing to pre-zone the subject property to the R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum lot area) zoning designation to become effective upon annexation into the City limits. The proposed project is located on the northwest corner of Cartmill Avenue and De La Vina Street.

The proposed annexation represents an orderly expansion of the City limits and does not contribute to the creation of an island or peninsula. Staff has reviewed the proposed annexation and determined it to be consistent with Chapter 10.26 – Annexations, of the City of Tulare Municipal Code. Following the approval of a resolution of application by the City Council, the applicant will be required to submit an application to the Tulare County Local Agency Formation Commission (LAFCO) in order to initiate annexation proceedings.

The existing General Plan designation for the site is Low Density Residential within the City of Tulare adopted 2035 General Plan. Upon annexation, the project proponents propose to establish the underlying Zoning designation as R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum lot area).

The City of Tulare General Plan (2035) density standard for Low Density Residential ranges from 3.1 to 7.0 dwelling units per acre. The proposed Tentative Subdivision Map illustrates a density of approximately 3.79 dwelling units per acre, which is within the required density range for the Low-Density Residential land use designation. The proposed R-1-5 zone district is consistent with the existing/proposed Low Density Residential land use designation.

An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on March 15, 2022.

Four comment letters were received regarding the project during the public/agency circulation period of the CEQA document. Letters were received from the California Department of Toxic Substances Control (DTSC), the San Joaquin Valley Air Pollution Control District (SJVAPCD), the Santa Rosa Rancheria Tachi-Yokut Tribe (Tribe) and, Mr. Jacob Peyton.

Tulare City Council Page 20
Agenda Memo – May 17, 2022
Staff has prepared responses for each of the comment letters received. Staff’s responses have been attached as appendix ‘I’ and incorporated into the final’ IS/MND. Each of the comment letters have also been included within appendix ‘I’ of the IS/MND. Staff determined that the comments provided did not result in any “new avoidable significant impacts” and that the clarifying revisions made to the document do not constitute a substantial new information. Therefore, re-circulation of the document was not required.

On April 25, 2022 the Planning Commission voted 4-0 (with one absent) to approve Tentative Subdivision Map No. 2021-19 (Cordeniz) and to recommend that the City Council approve Annexation No. 2021-01 (North Tulare No. 34) and Zone Amendment No. 746. Staff recommends Council adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021- 19 – (Cordeniz), Annexation No. 2021-01 (North Tulare No. 34) and Zone Amendment No. 746; adopt a resolution requesting the Tulare County Local Agency Formation Commission initiate proceedings for annexation No. 2021- 01 (North Tulare No. 34) and detachment of the property from County Service Area No. 1 and the Tulare Irrigation District; and pass to print an ordinance approving Zone Amendment No. 746, pre-zoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) zoning designation to become effective upon annexation into the City limits on property located on the northwest corner of Cartmill Avenue and De La Vina Street.
(d) Adopt a resolution to approve the 2022-2023 Master Fee Schedule effective July 1, 2022. [Submitted by: D. Thompson] In July 2018, the City hired Willdan Financial Services of Temecula, Ca to conduct a Full Cost Allocation Plan and Comprehensive Fee Study. Willdan gathered information and met with each department to determine the time and cost to perform the services associated with each fee to determine the amount that should be charged. On January 21, 2020, Willdan had a study session with City Council to explain their methodology and how the fees were calculated.

It was explained to Council the primary goal of a User Fee Study is to determine the “reasonable” full cost of providing services, understand total costs of providing services, identify subsidy amounts, if applicable, identify appropriate fee adjustments that enhance fairness and equity, and maintain consistency with local policy and objectives in compliance with state law.

The attached master fee schedule was the recommendation from Willdan’s study with a consumer price index (CPI) based on the Los Angeles-Riverside-Orange County area as of December 2021 (7.5%). Four fees in the Administration/Finance Category remained the same due to either state statute (notary fee and return check fee) or was reasonable (copy charges, black/white and color). Four fees in the Miscellaneous Utility Fees also remained the same for reasonableness (water waste fees). The Fire Prevention Category reduced one fee (fire report copying & processing - $93 to $15) to align with surrounding agencies in the county. The Police-Animal Control Category added four new fees (impound fee-second Tulare City Council Page 21
Agenda Memo – May 17, 2022
offence, third offence, fourth offence and dog license altered-3 years), two remained the same (vaccine Bordatella injection and oral) and either reduced or increased eleven fees to align with the actual cost or with other agencies in the county (see table provided below).

Fee Type Current Proposed
Adoption – Dog, Male $235 $150
Adoption – Dog, Female $235 $175
Animal Impound – First Day of Intake $66 $40
Animal Intake – Each Day After Intake $59 $20
Dead Animal Disposal of Owned Animal $54 $35
Dog License – Late Fee (actual cost) $15
Dog License – Altered, 2 years $48 $19
Microchip Implant $51 $30
Potentially Dangerous Animal Appeal Hearing $109 $250
Potentially Dangerous Animal Hearing $126 $275
Potentially Dangerous Animal Registration $126 $175
All Vaccine $10 $15
Library, Parks and Recreation fees are determined and approved by their respective boards and are listed on this schedule for consolidation. Staff recommends Council adopt a resolution to approve the 2022-2023 Master Fee Schedule effective July 1, 2022.
(e) Pass to print an ordinance revising Title 7, adding Chapter 7.17 (Mandatory Recycling and Organic Waste Disposal Reduction) establishing policies to reduce organic waste disposal, increase edible food recovery, and establish programs for the collection and recycling of organic waste in the City of Tulare. [Submitted by: A. Bettencourt] The purpose of the proposed chapter to the City’s Code of Ordinances is to ensure the City of Tulare is in compliance with Senate Bill (SB) 1383 that mandated public agencies to reduce organic waste disposal by 75% and increase edible food recovery by 25% by 2025, and establish programs for the collection and recycling of organic waste in residential and commercial sectors.

The proposed chapter establishes parameters and program requirements for residential and commercial generators, requirements for edible food recovery organizations, waste haulers, self-haulers, issuance of waivers, requirements for education and outreach, inspections and investigations, and enforcement.

CalRecycle, the state agency that is responsible for enforcing SB 1383, created a model ordinance format for each jurisdiction to customize. By using the model ordinance format, City staff is confident the proposed ordinance includes all legal requirements to comply with SB 1383.

KEY ITEMS IN PROPOSED ORGANIC WASTE CHAPTER:

1. Provide Organics Collection Services to All Residents and Businesses Tulare City Council Page 22
Agenda Memo – May 17, 2022
The proposed chapter contains general requirements for all property owners, residents and commercial businesses in Tulare. Generators of organics shall:
• Subscribe or have access to and maintain a three-container solid waste collection system consisting of gray/brown (trash), blue (non-organics recycling), and green (organics recycling containers).
• Separate materials into the correct containers and shall not place prohibited contaminants in any container.
• Provide adequate onsite parcel space for a three-container solid materials system, including additional space needed for access by persons and collection vehicles.

2. Establish Edible Food Recovery Program: Tiers 1 and 2 SB 1383 requires that certain food-related businesses recover edible food leftovers, package them for reuse, and donate to a food recovery organization to provide to people in need. Qualifying businesses are categorized as Tier 1 or Tier 2. Tier 1 commercial edible food generators are supermarkets with gross annual revenues of at least $2 million, grocery stores of at least 10,000 square feet, wholesale food markets, and food service distributors. Tier 2 commercial edible food generators are restaurants of at least 5,000 square feet or have a minimum seating capacity of 250, hotels with a minimum 200 rooms and onsite food facility, health facilities with a minimum 100 beds and onsite food services, and large event venues.

Commercial edible food generators shall arrange to recover the maximum amount of edible food that otherwise would be disposed; contract with food recovery organizations or services for the collection of edible food for recovery; allow the City’s enforcement entity to access the premises and review records; and maintain specific records and make them available to the City for annual reporting purposes.

Food recovery organizations or services that enter into agreements with generators would be required to report annual edible food collection data to the City and participate in capacity planning.

3. Conduct Monitoring, Inspections, and Enforcement
The proposed chapter would require the City to conduct annual compliance review to verify commercial businesses are subscribed to the City’s threecontainer collection service or a private organics service; review collection routes to verify service to all generators; perform visual inspections for contamination during collection. Edible food generators are supermarkets with gross annual revenues of at least $2 million, grocery stores of at least 10,000 square feet, wholesale food markets, and food service distributors. Tier 2 commercial edible food generators are restaurants of at least 5,000 square feet or have a minimum seating capacity of 250, hotels with a minimum 200 rooms and onsite food facility, health facilities with a minimum 100 beds and onsite food services, and large event venues.

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Agenda Memo – May 17, 2022
The City would implement an 18-month Education and Outreach program before enforcement begins January 1, 2024.

The City Attorney’s office has reviewed the proposed ordinance. On April 21, 2022 staff presented the ordinance to the Board of Public Utilities for input and feedback.

The Board reviewed and approved the ordinance, recommending it be forwarded to the City Council for a public hearing and possible adoption. Staff recommends Council pass to print an ordinance revising Title 7, adding Chapter 7.17 (Mandatory Recycling and Organic Waste Disposal Reduction) establishing policies to reduce organic waste disposal, increase edible food recovery, and establish programs for the collection and recycling of organic waste in the City of Tulare.

2. Finance [Time Estimate: 9:00-9:45 p.m.]
(a) Review the Proposed Fiscal Year 2022/23 Budget. [Submitted by: D.

Thompson] This is the first draft of the proposed 2022-23 Budget and provides a preliminary overview of the City’s overall budget. Each Council Member received budget flexsheets for each fund and department showing their proposed expenditure. A PowerPoint presentation will summarize the budget by various categories and their net operation. Staff recommends Council review the Proposed Fiscal Year 2022-23 Budget and provide direction thereto.

3. City Manager [Time Estimate: 9:45-10:45 p.m.]
(a) Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program. [Submitted by: M. Mondell] As part of the deliberations associated with the April 17, 2022 Council discussion regarding the budget surplus, Council appropriated $500,000 towards establishing a program along the Inyo Corridor west of Downtown dedicated to making improvements that would then encourage additional private sector investment. The goal of the program is to enhance and redevelop the privately owned properties along the corridor, thereby offering additional commercial options for West Tulare residents as well as increased sales tax revenue for the City.

The Inyo Corridor Redevelopment Program would encourage increased private sector investment in the corridor west of Downtown through investment in a range of activities and construction along the approximately 143 parcels west of Downtown Tulare. More than 80 of these properties are currently zoned General Commercial.

The Inyo Corridor has a long and storied role in Tulare’s history, which can be reflected upon with pride. Indeed, the Corridor continues to serve many of its surrounding residents with a variety of retail commercial businesses. However, there has not been significant private sector investment in the corridor in some time. Thus, the City Council has dedicated up to $500,000 towards corridor improvements, in order to attract additional private sector investment staff is proposing the following action plan:

Tulare City Council Page 24
Agenda Memo – May 17, 2022
Task 1: Inventory and Analyze Properties
Staff will prepare an inventory of the corridor identifying property ownership, dimensions and acreage, zoning, age and type of structures (if available), infrastructure, and photographs, etc. Staff will then identify at least three properties that in its opinion are good candidates for redevelopment, meaning they could have market potential if improvements are provided. As part of the property identification process, staff will consult with commercial real estate professionals to seek their input as to what improvements are necessary or desirable.

Task 2: Select Properties for Improvement
Staff will provide City Council in closed session a list of properties recommended for acquisition and improvement. Staff will ask City Council to rank each property in order of preference, staff will immediately thereafter proceed with negotiations on the top ranked property and others if necessary or assuming funding availability. A recommendation of the improvements to be provided for each property may include but not be limited to:
• Property acquisition
• Demolition
• Infrastructure
• Environmental remediation
• Multi-parcel assemblage
• Rezoning
• Building façade improvements
• Right-of-way improvements
Right-of-way is the responsibility of Caltrans so coordination on improvements related to beautification, sidewalks, crosswalks, curb cuts, and directional signage among others may be necessary.

Task 3: Acquire and Improve properties
Staff will seek developer interest in order for the City to obtain a return on investment. Upon successful acquisition of the prioritized property, staff will improve the property in the manner identified in Task 2. Staff will keep City Council apprised of project progress which may take 6-12 months for each improvement project. Staff recommends Council receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program. (b) Review the Homeless Shelter Memorandum, direct staff to proceed with negotiating a lease agreement with Tulare County for the City to design, construct, and operate a temporary encampment and shelter on their property, and direct staff to prepare and issue a Request for Proposals (RFP) for the operation of the temporary encampment and shelter by a non-profit operator. [Submitted by: M. Mondell] Over the past several years, the City has Tulare City Council Page 25
Agenda Memo – May 17, 2022
been discussing the issue of homelessness and its impact as well as possible solutions. With restrictions due to the 2018 Martin vs. Boise court decision, cities cannot enforce anti-camping ordinances if there are not a sufficient number of shelter beds available for the homeless population.

City staff has prepared the attached memorandum for Council review and consideration. The primary recommendation of the memorandum is that the City partner with the County of Tulare to design, construct, and operate an emergency homeless shelter located on the County’s property at East O’Neal Avenue, east of K St. Please reference Attachment A for the full analysis and discussion. Review the Homeless Shelter Memorandum, direct staff to proceed with negotiating a lease agreement with Tulare County for the City to design, construct, and operate a temporary encampment and shelter on their property, and direct staff to prepare and issue a Request for Proposals (RFP) for the operation of the temporary encampment and shelter by a non-profit operator.

XIX. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) [Time Estimate: 10:45- 11:00 p.m.]
XX. ADJOURN REGULAR MEETING

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: City Attorney
For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Discussion regarding submitting a proposed cannabis tax to voters and number of retail locations.

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

In 2021, Council awarded three retail permits for recreational cannabis sales within City limits.

Revenue fees from those establishments are collected through development agreements that Council approved last month. In order to codify those agreements, make an even playing field for all retailers, and plan for any additional development, it is recommended that a general tax be imposed on the cannabis industry within the City.

The maximum rates are $10.00 per canopy square foot for cultivation, 10% of gross receipts for retail cannabis businesses, and 10% for all other cannabis businesses. However, the market rates are well below those rates and will be established at a later date if the tax is approved.

Separately, Councilman Sigala asked the Council to discuss the number of retailers permitted in City limits.

AGENDA ITEM: Study Session
STAFF RECOMMENDATION:
(1) Direct staff to place the draft resolution on the next council agenda for approval. Doing so will place the tax on the November 8, 2022 general election for approval by the residents. (2) Provide any additional direction regarding the number of retail establishments.

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

The County elections office advised the City in October 2021 that the estimated cost to put this question to the voters would be approximately $45,000 - $90,000.

See attached letter.

Submitted by: Mario Zamora Title: City Attorney
Date: May 10, 2022 City Manager Approval: ____________

RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

APPROVING BALLOT MEASURE TEXT TO BE SUBMITTED TO THE VOTERS OF THE CITY IMPOSING A CANNABIS BUSINESS TAX; REQUESTING THE

ASSISTANCE OF THE COUNTY OF TULARE IN CONNECTION WITH THAT ELECTION; AND REQUESTING CONSOLIDATION OF THAT ELECTION WITH ANY

OTHER ELECTION HELD ON THAT DATE
WHEREAS, Sections 37101 and 37100.5 of the California Government Code authorize the City to levy a license tax, for revenue purposes, upon business transacted in the City; and
WHEREAS, as a result of recent voter-approved changes to state law, there has been a very strong interest by cannabis businesses to open in the City; and WHEREAS, cannabis businesses are likely to create demands upon City services, and the City does not currently impose any taxes upon cannabis businesses, aside from generally applicable municipal taxes;
WHEREAS, the City Council desires to seek to impose a supplemental license tax upon cannabis businesses, to be known as the “Cannabis Business Tax”; and WHEREAS, the Cannabis Business Tax cannot be imposed without voter approval; and
WHEREAS, the City Council desires to submit a Cannabis Business Tax measure to the voters of the City at the General Municipal Election to be held on Tuesday, November 6, 2018, and to be consolidated with any other election to be held on that date; and
WHEREAS, the proposed Cannabis Business Tax is more completely described in the ordinance attached hereto as Attachment “A” and incorporated herein by reference (the “Tax Ordinance”).

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

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. Proposal. The City Council hereby proposes the Cannabis Business Tax.

Section 3. Election. The City Council hereby calls a General Municipal Election for Tuesday November 8, 2022 (the “Election”) and orders, pursuant to Section 9222 of the Elections Code, that the Tax Ordinance be submitted to the voters at that election.

RESOLUTION 202X-XX Page 2
Section 4. Ballot Question. The question submitted by Section 3 of this Resolutions shall appear on the ballot as follows:

To fund general municipal expenses such as police, fire, roads and recreation, shall the City tax cannabis (marijuana) businesses at annual rates not to exceed $10.00 per canopy square foot for cultivation (adjustable for inflation), 10% of gross receipts for retail cannabis businesses, and 10% for all other cannabis businesses will be levied until repealed by the voters or the City Council?
YES
NO
Section 5. Approval. Pursuant to Section 2(b) of Article XIII A of the Constitution, this measure requires approval by a majority of those casting ballots on the measure.

Section 6. Consolidation. Pursuant Section 10400 et seq. of the Elections Code, the Board of Supervisors of Tulare County is requested to consolidate the Election with other elections held on the same day in the same territory or in the territory that is in part the same.

Section 7. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

Section 8. Conduct of Election. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Clerk to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.

Section 9. Filing with County. The City Clerk shall file a certified copy of this Resolution with the County Clerk.

Section 10. Analysis and Argument. The City Attorney shall prepare an impartial analysis of the measure. Any person or persons may file an argument either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. Rebuttal arguments shall be permitted pursuant to applicable law.

Section 11. Effective Date. This Resolution shall be effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED this XX day of XXXX, 202X.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 202X-XX Page 3
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 202X-XX passed and adopted by the Council of said city at a regular meeting held on XXXX XX, 20XX, by the following vote:

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk
By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 202X-XX Page 4

EXHIBIT A
ORDINANCE 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE ADDING CHAPTER 5.60 (CANNABIS BUSINESS TAX) TO TITLE 5 OF THE TULARE

MUNICIPAL CODE

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

SECTION 1. CODE AMENDMENT. Chapter ____ of Title 5 of the Tulare Municipal Code to read as follows:

CHAPTER ___

CANNABIS BUSINESS TAX
Sections:

5.60.010 Title.

5.60.020 Authority and Purpose.

5.60.030 Intent.

5.60.040 Definitions.

5.60.050 Tax imposed.

5.60.060 Reporting and remittance of tax.

5.60.070 Payments and communications –timely remittance.

5.60.080 Payment – when taxes deemed delinquent.

5.60.090 Notice not required by City.

5.60.100 Penalties and interest.

5.60.110 Refunds and credits.

5.60.120 Refunds and procedures.

5.60.130 Personal cultivation not taxed.

5.60.140 Administration of the tax.

5.60.150 Appeal procedure.

5.60.160 Enforcement –action to collect.

5.60.170 Apportionment.

5.60.180 Constitutionality and legality.

5.60.190 Audit and examination of premises and records.

5.60.200 Other licenses, permits, taxes or charges.

5.60.210 Payment of tax does not authorize unlawful business.

5.60.220 Deficiency determinations.

5.60.230 Failure to report – nonpayment, fraud.

5.60.240 Tax assessment –notice requirements.

5.60.250 Tax assessment – hearing, application, and determination.

5.60.260 Relief from taxes-disaster relief.

5.60.270 Conviction for violation – taxes not waived.

5.60.280 Violation deemed misdemeanor.

5.60.290 Severability.

5.60.300 Remedies cumulative.

5.60.310 Amendment or repeal.

5.60.010 Title.

This ordinance shall be known as the Cannabis Business Tax Ordinance.

5.60.020 Authority and Purpose.

The purpose of this Ordinance is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 37100.5 of the California Government Code, upon Cannabis Businesses that engage in business in the City. The Cannabis Business Tax is levied based upon business gross receipts and square footage of plant canopy. It is not a sales and use tax, a tax upon income, or a tax upon real property.

The Cannabis Business Tax is a general tax enacted solely for general governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this Chapter shall be placed in the City's general fund and be available for any legal municipal purpose.

5.60.030 Intent.

The intent of this Ordinance is to levy a tax on all Cannabis Businesses that operate in the City, regardless of whether such business would have been legal at the time this Ordinance was adopted. Nothing in this Ordinance shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.

5.60.040 Definitions.

The following words and phrases shall have the meanings set forth below when used in this Chapter:

A. “Business” shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.

B. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” also means marijuana as defined by Section 11018 of the California Health and Safety Code and is not limited to medical cannabis.

C. “Cannabis product” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. “Cannabis product” also means marijuana products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medical cannabis products.

D. “Canopy” means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted as a separate canopy area.

E. “Cannabis business” means any business activity involving cannabis, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, of cannabis products or of ancillary products and accessories, whether or not carried on for gain or profit.

F. “Cannabis business tax” or “business tax,” means the tax due pursuant to this Chapter for engaging in cannabis business in the City.

G. “Commercial cannabis cultivation” means cultivation in the course of conducting a cannabis business.

H. “City permit” means a permit issued by the City to a person to authorize that person to operate or engage in a cannabis business.

I. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis and includes, but is not limited to, the operation of a nursery.

J. “Employee” means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.

K. “Engaged in business as a cannabis business” means the commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business within the City if:

1. Such person or person’s employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;

2. Such person or person’s employee owns or leases real property within the City for business purposes;

3. Such person or person’s employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business;

4. Such person or person’s employee regularly conducts solicitation of business within the City; or

5. Such person or person’s employee performs work or renders services in the City.

The foregoing specified activities shall not be a limitation on the meaning of “engaged in business.”
L. “Evidence of doing business” means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City.

M. “Calendar year” means January 1 through December 31 of the following calendar year.

N. “Gross Receipts,” except as otherwise specifically provided, means, whether designated a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits and property of any kind or nature) received or payable for sales of goods, wares or merchandise or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from Gross Receipts:

1. Cash discounts where allowed and taken on sales;

2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;

4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;

5. Cash value of sales, trades or transactions between departments or units of the same business;

6. Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;

7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar;

8. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the finance department with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees.

9. Retail sales of t-shirts, sweaters, hats, stickers, key chains, bags, books, posters or other personal tangible property which the Tax Administrator has excluded in writing by issuing an administrative ruling per Section 5.60.140 shall not be subject to the cannabis business tax under this chapter. However, any retail sales not subject to this Chapter as a result of the administrative ruling shall be subject to the appropriate business tax under Chapter 5.08 or any other Chapter or Title as determined by the Tax Administrator.

O. “Lighting” means a source of light that is primarily used for promoting the biological process of plant growth. Lighting does not include sources of light that primarily exist for the safety or convenience of staff or visitors to the facility, such as emergency lighting, walkway lighting, or light admitted via small skylights, windows or ventilation openings.

P. “Nursery” means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

Q. “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or forprofit entity, and includes the plural as well as the singular number.

R. “Sale” means and includes any sale, exchange, or barter.

S. “State” means the State of California.

T. “State license,” “license,” or “registration” means a state license issued pursuant to California Business & Professions Code Sections 19300, et seq. or other applicable state law.

U. “Tax Administrator” means the Finance Director of the City of Tulare or his or her designee.

V. “Testing Laboratory” means a cannabis business that (i) offers or performs tests of cannabis or cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state and (v) is registered with the State Department of Public Health.

5.60.050 Tax imposed.

A. Beginning January 1, 2023, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax regardless if the business has been issued a permit to operate lawfully in the City or is operating unlawfully.

B. The initial rate of the cannabis business tax shall be as follows:

1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Seven dollars ($7.00) annually per square foot of canopy space in a facility that uses exclusively artificial lighting.
b. Four dollars ($4.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting. (Per your direction mixed light facilities will be prohibited in the City but do we want to have this language in here in order to be able to assess illegal activity for tax invasion purposes or future consideration)
c. Two dollars ($2.00) annually per square foot of canopy space in a facility that uses no artificial lighting. (Per your direction outdoor facilities will be prohibited in the City but do we want to have this language in here to assess illegal activity for tax invasion purposes or future consideration)
d. One dollar ($1.00) annually per square foot of canopy space for any nursery.

For purposes of this subdivision (B), the square feet of canopy space for a business shall be rebuttably presumed to be the maximum square footage of canopy allowed by the business’s City permit for commercial cannabis cultivation, or, in the absence of a City permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. Should a City permit be issued to a business which cultivates only for certain months of the year, the City shall prorate the tax as to sufficiently reflect the period in which cultivation is occurring at the business. In no case shall canopy square footage which is authorized by the City commercial cannabis permit but not utilized for cultivation be deducted for the purpose of determining the tax for cultivation, unless the Tax Administrator is informed in writing and authorizes such reduction for the purpose of relief from the tax prior to the period for which the space will not be used, that such space will not be used.

2. For every person who engages in the operation of a testing laboratory:
one percent (1%) of gross receipts.

3. For every person who engages in the retail sales of cannabis as a retailer (dispensary) or non-store front retailer (delivery) or microbusiness (retail sales): Four percent (4%) of gross receipts.

4. For every person who engages in a cannabis distribution business: two percent (2%) of gross receipts.

5. For every person who engages in a cannabis manufacturing, processing, or microbusiness (non-retail), or any other type of cannabis business not described in Section (B) (1), (2), (3) or (4): Two and half percent (2.5%) of gross receipts.

C. The City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax. However, in no event may the City Council set any adjusted rate that exceeds the maximum rate calculated pursuant to Subdivision (D) of this Section for the date on which the adjusted rate will commence.

D. The maximum rate shall be calculated as follows:

1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Through January 1, 2023, the maximum rate shall be:
i. Ten dollars ($10.00) annually per square foot of canopy space in a facility that uses exclusively artificial lighting. ii. Seven dollars ($7.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting.
iii. Four dollars ($4.00) annually per square foot of canopy space in a facility that uses no artificial lighting.
iv. Two dollars ($2.00) annually per square foot of canopy space for any nursery.
b. On January 1, 2024 and on each January 1 thereafter, the maximum annual tax rate per square foot of each type of canopy space shall increase by the percentage change between January of the calendar year prior to such increase and January of the calendar year of the increase in the Consumer Price Index (“CPI”) for all urban consumers in the Tulare County area as published by the United States Government Bureau of Labor Statistics.

However, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.

2. For every person who engages in the operation of a testing laboratory, the maximum tax rate shall not exceed two and a half percent (2.5%) of gross receipts.

3. For every person who engages in the retail sales of cannabis as a retailer (dispensary) or non-store front retailer (delivery business), or microbusiness (retail sales activity) the maximum tax rate shall not exceed six percent (6%) of gross receipts.

4. For every person who engages in a cannabis distribution business, the maximum tax rate shall not exceed three percent (3%) of gross receipts.

5. For every person who engages in a cannabis manufacturing, processing, or microbusiness (non-retail activity) or any other type of cannabis business not described in Section (D) (1), (2), (3) or (4), the maximum tax rate shall not exceed four percent (4%) of gross receipts.

5.60.060 Reporting and remittance of tax.

A. The cannabis business tax imposed by this Chapter shall be paid, in arrears, on a quarterly basis. For commercial cannabis cultivation, the tax due for each calendar quarter shall be based on the square footage of the business’s canopy space during the quarter and the rate shall be 25% of the applicable annual rate. For all other cannabis businesses activities, the tax due for each calendar quarter shall be based on the gross receipts for the quarter.

B. Each person owing cannabis business tax for a calendar quarter shall, no later than the last day of the month following the close of the calendar quarter, file with the tax administrator a statement of the tax owed for that calendar quarter and the basis for calculating that tax. The Tax Administrator may require that the statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar quarter shall be due and payable on that same date as the statement for the calendar quarter is due.

C. Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar quarters up to the calendar quarter during which cessation occurred.

D. The Tax Administrator may, at his or her discretion, establish shorter report and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure collection of the tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar quarter, be made by a taxpayer at the beginning of that calendar quarter. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar quarter. The Tax Administrator may require that a taxpayer make payments via a cashier’s check, money order, wire transfer, or similar instrument.

E. For purposes of this section, the square feet of canopy space for a business shall be rebuttably presumed to be no less than the maximum square footage of canopy allowed by the business’s City permit for commercial cannabis cultivation, or, in the absence of a City permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. In no case shall canopy square footage which is authorized by the permit or license but not utilized for cultivation be excluded from taxation unless the Tax Administrator is informed in writing, prior to the period for which the space will not be used, that such space will not be used.

5.60.070 Payments and communications – timely remittance.

Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday, the due date shall be the next regular business day on which the City is open to the public.

5.60.080 Payment - when taxes deemed delinquent.

Unless otherwise specifically provided under other provisions of this Chapter, the taxes required to be paid pursuant to this Chapter shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections

5.60.060 and 5.60.070.

5.60.090 Notice not required by the City.

The City may as a courtesy send a tax notice to the business. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Chapter.

5.60.100 Penalties and interest.

A. Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this Chapter on or before the due date shall pay penalties and interest as follows:

1. A penalty equal to ten percent (10%) of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent (1.0%) per month.

2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to twenty-five percent (25%) of the amount of the tax, plus interest at the rate of one percent (1.0%) per month on the unpaid tax and on the unpaid penalties.

3. Interest shall be applied at the rate of one percent (1.0%) per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full.

B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this Section, and any other amount allowed under state law.

5.60.110 Refunds and credits.

A. No refund shall be made of any tax collected pursuant to this Chapter, except as provided in Section 5.60.120.

B. No refund of any tax collected pursuant to this Chapter shall be made because of the discontinuation, dissolution, or other termination of a business.

5.60.120 Refunds and procedures.

A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this Chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Tax Administrator within one (1) year of the date the tax was originally due and payable.

B. The Tax Administrator, his or her designee or any other City officer charged with the administration of this Chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Tax Administrator to do so.

C. In the event that the cannabis business tax was erroneously paid, and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one (1) year from when the error was identified.

5.60.130 Personal Cultivation Not Taxed.

The provisions of this Chapter shall not apply to personal cannabis cultivation as defined in the “Medicinal and Adult Use Cannabis Regulation and Safety Act”. This Chapter shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and for which the individual receives no compensation whatsoever related to that personal use.

5.60.140 Administration of the tax.

A. It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this Chapter.

B. For purposes of administration and enforcement of this Chapter generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this Chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.

C. The Tax Administrator may take such administrative actions as needed to administer the tax, including but not limited to:

1. Provide to all cannabis business taxpayers forms for the reporting of the tax;

2. Provide information to any taxpayer concerning the provisions of this Chapter;

3. Receive and record all taxes remitted to the City as provided in this Chapter;

4. Maintain records of taxpayer reports and taxes collected pursuant to this Chapter;

5. Assess penalties and interest to taxpayers pursuant to this Chapter;

6. Determine amounts owed and enforce collection pursuant to this Chapter.

5.60.150 Appeal procedure.

Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this Chapter may appeal to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days of the serving or mailing of the determination of tax due. The City Clerk, or his or her designee, shall fix a time and place for hearing such appeal, and the City Clerk, or his or her designee, shall give notice in writing to such operator at the last known place of address. The finding of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this Chapter for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice.

5.60.160 Enforcement - action to collect.

Any taxes, penalties and/or fees required to be paid under the provisions of this Chapter shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this Chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this Section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this Chapter or the failure to comply with any of the provisions of this Chapter.

5.60.170 Apportionment.

If a business subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary.

5.60.180 Constitutionality and legality.

This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this Chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax.

5.60.190 Audit and examination of premises and records.

A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis cultivation occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, state and federal income tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the tax administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records.

B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this Chapter to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee shall have the right to inspect at all reasonable times.

5.60.200 Other licenses, permits, taxes, fees or charges.

A. Nothing contained in this Chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other Chapter of this code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other Chapter of this code or any other ordinance or resolution of the City. Any references made or contained in any other Chapter of this code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other Chapter of this Code.

B. Notwithstanding subdivision (A) of this Section a cannabis business shall not be required to pay the license fee required by Chapter 5.08 of Title 5 of this Code so long as all of business’s activities within the City that would require payment of a license fee are activities subject to the cannabis business tax.

C. The Tax Administrator may revoke or refuse to renew the license required by Chapter 5.08 of this Code for any business that is delinquent in the payment of any tax due pursuant to this Chapter or that fails to make a deposit required by the tax administrator pursuant to Section 5.60.060.

5.60.210 Payment of tax does not authorize unlawful business.

A. The payment of a cannabis business tax required by this Chapter, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this Code and all other applicable state laws.

B. No tax paid under the provisions of this Chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.

5.60.220 Deficiency determinations.

If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this Chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 5.60.240.

5.60.230 Failure to report—nonpayment, fraud.

A. Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this Chapter at any time:

1. If the person has not filed a complete statement required under the provisions of this Chapter;

2. If the person has not paid the tax due under the provisions of this Chapter;

3. If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this Chapter; or

4. If the Tax Administrator determines that the nonpayment of any business tax due under this Chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to penalties and interest otherwise stated in this Chapter and any other penalties allowed by law.

B. The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this Chapter, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.

5.60.240 Tax assessment - notice requirements.

The notice of assessment shall be served upon the person either by personal delivery, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this Chapter; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address. For the purposes of this Section, a service by mail is complete at the time of deposit in the United States mail.

5.60.250 Tax assessment - hearing, application and determination.

Within thirty (30) days after the date of service the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than thirty (30) days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the person requesting such hearing not later than five (5) days prior to such hearing.

At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess the proper tax to be charged and shall give written notice to the person in the manner prescribed in Section

5.60.240 for giving notice of assessment.

5.60.260 Relief from taxes -disaster relief.
(a) If a business is unable to comply with any tax requirement due to a disaster, the business may notify the Tax Administrator of this inability to comply and request relief from the tax requirement;
(b) The Tax Administrator, in its sole discretion, may provide relief from the cannabis business tax requirement for businesses whose operations have been impacted by a disaster of such tax liability does not exceed five thousand ($5,000) dollars. If such tax liability is five thousand one ($5,001) dollars or more than such relief shall only be approved by the City Council;
(c) Temporary relief from the cannabis tax may be relieved for a reasonable amount of time as determined by the Tax Administrator in order to allow the cannabis business time to recover from the disaster;
(d) The Tax Administrator may require that certain conditions be followed in order for a cannabis business to receive temporary relief from the cannabis business tax requirement;
(e) A cannabis business shall not be subject to an enforcement action for a violation of a cannabis business requirement in which the licensee has received temporary relief from the tax administrator;
(f) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. (1) The cannabis business must notify the Tax Administrator in writing a request for temporary relief from imposition of the tax requirement pursuant to subsection (a) of this section of such disaster clearly indicates why relief is requested from, the time period for which the relief is requested, and the reasons relief is needed for the specified amount of time;
(2) The cannabis business agrees to grant the tax collector or his/her designee access to the location where the cannabis business has been impacted due to a disaster.

5.60.270 Conviction for violation - taxes not waived.

The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this Chapter or of any state law requiring the payment of all taxes.

5.60.280 Violation deemed misdemeanor.

Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor.

5.60.290 Severability.

If any provision of this Chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Chapter or the application of this Chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

5.60.300 Remedies cumulative.

All remedies and penalties prescribed by this Chapter or which are available under any other provision of the Tulare Municipal Code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter.

5.60.310 Amendment or repeal.

This Chapter may be repealed or amended by the City Council without a vote of the people to the extent allowed by law. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Chapter. The people of the City of Tulare affirm that the following actions shall not constitute an increase of the rate of a tax:

A. The restoration of the rate of the tax to a rate that is no higher than that set by this Chapter, if the City Council has acted to reduce the rate of the tax; B. An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Chapter; or
C. The collection of the tax imposed by this Chapter even if the City had, for some period of time, failed to collect the tax.

SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 3. This Ordinance shall go into full force and effect 30 days from and after its passage, adoption, and approval.

PASSED, ADOPTED, AND APPROVED this ____ day of ______, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
8440

ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
April 19, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, April 19, 2022, at 6:15 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Janice Avila, David Rossman, Greg Merrill, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:16 p.m.

There were no citizen comments.

III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

1. 54957(b)(1) Public Employee Performance Evaluation – City Manager Mayor Mederos adjourned to closed session at 6:17 p.m.

IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:04 p.m.

V. CLOSED SESSION REPORT (if any)
Mayor Mederos advised of the evaluation process and Council’s unanimous praise of City Manager Marc Mondell.

VI. ADJOURN CLOSED SESSION
Mayor Mederos adjourned the closed session at 7:07 p.m. 8441
A regular meeting of the City Council of the City of Tulare was held on Tuesday, April 19, 2022, at 7:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Josh McDonnell, David Rossman, Greg Merrill, Janice Avila, Traci Myers, Diego Ibanez, Darlene Thompson, Michael Miller, Trisha Whitfield, Jason Glick, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:12 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Sigala led the Pledge of Allegiance and an invocation was given by Bekah Whitfield of First Church of God.

IX. CITIZEN COMMENTS
Mayor Mederos requested those who wish to speak on matters not on the agenda within the jurisdiction of the Council, or to address or request a matter be pulled from the Consent Calendar to do so at this time. He further stated comments related to General Business matters would be heard at the time that matter is addressed on the agenda.

Carolyn Rodriguez and Leticia Maldonado from Julie’s Little Flower Shop addressed the Council regarding their concerns with the pop-up flower vendors with Mother’s Day approaching. City Manager Marc Mondell advised what the City has done and is currently working on to address their concerns. Council provided further discussion.

Fred Brown, Lighthouse Rescue Mission, addressed the Council regarding the pocket shelters and not being able to use them due to standards not being met and urged the City to help with this issue. Council and staff discussed.

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

X. COMMUNICATIONS
City Manager Marc Mondell read an email received from Nicole Nelson who resides on the corner of Bardsley and Cardoza and would like help from the City to put a sidewalk in front and on the side of her home. City Engineer Michael Miller advised he will reach out to Ms. Nelson regarding the City’s program.
8442
XI. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Council Member Isherwood, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 5, 6, and 7.

1. Authorization to read ordinances by title only.

2. Approve minutes of the April 5, 2022, regular meeting. [Submitted by: M.

Hermann] Council Member Harrell pulled this item to provide a correction in Section XV Staff Updates and Future Agenda Items as follows: “Council Member Harrell requested and received consensus from Council to draft a letter the Southern Union Pacific Rail Road stating the issues including the four deaths occurring on the rail road as well as fiscal impact on the City for assisting in removing homeless and cleaning the property.”

3. Approve the cancellation of the regular meeting of May 3, 2022. [Submitted by: M. Mondell]

4. Authorize the Mayor to sign a letter of support for AB 2017 on the Council’s behalf and direct staff to transmit the letter to Assembly Member Mathis. [Submitted by: M. Mondell]

5. Adopt Ordinance 2022-01 approving the development agreement with Valley Pure regarding a retail facility for recreational cannabis sales. [Submitted by: M. Zamora] Council Member Harrell pulled items 5, 6, and 7 to vote no. It was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and carried 4 to 1 (Council Member Harrell voting no) to approve Consent Calendar Items 5, 6, and 7.

6. Adopt Ordinance 2022-02 approving the development agreement with J Street Solutions (Herb ‘N Vibes) regarding a retail facility for recreational cannabis sales. [Submitted by: M. Zamora]

7. Adopt Ordinance 2022-03 approving the development agreement with Token Farms regarding a retail facility for recreational cannabis sales. [Submitted by: M. Zamora]

8. Award and authorize the City Manager to sign a contract amendment with 4 Creeks for construction management services related to City Project EN0092, Pratt Street/Mefford-Choice Tracts Improvement Project in the amount of $151,300; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($43,296) of the revised contract amount. [Submitted by: N. Bartsch]

9. Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $156,056 for design, 8443
bidding, and construction support services for City utility relocations on International Agri-Center Way between K Street and Laspina Street, and Blackstone Street between Industrial Avenue and International Agri-Center Way, associated with the International Agri-Center Way Interchange Project; and authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% ($15,606) of the contract award amount; and approve the project scope and budget. [Submitted by: M. Miller]
XII. SCHEDULED PRESENTATIONS

1. Mid-Year Budget Review. Deputy City Manager Josh McDonnell and City Manager Marc Mondell provided a presentation for Council’s consideration.

Questions posed by Council were responded to by staff. It was the consensus of Council to have staff look at options 1 and 3 in regard to the Inyo Corridor Redevelopment.

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

1. Public Hearing
(a) Public Hearing to receive comments on the proposed 2022 Community Development Block Grant (CDBG) Annual Action Plan (APP) to allocate funds in the estimated amounts of $680,000 to public infrastructure and facility improvements, $105,000 to services for people experiencing homelessness, $79,100 to affordable housing preservation, and $140,400 to CDBG program administration and fair housing activities. [Submitted by: T. Myers] Senior Housing and Grants Specialist Alexis Costales provided a presentation for Council’s consideration. Mayor Mederos opened the public hearing at 8:49. Erica Lutterbein from Self-Help Enterprises provided an update to the Council regarding Eden House. Mayor Mederos closed the public hearing at 8:53 p.m. Questions posed by Council were responded to by Mr. Costales. There was no action taken on this item.

2. City Attorney
(a) Consideration and approval of an ordinance revising Section

8.36.280(F) Chapter 36 of Title 8 of the Tulare Municipal Code adding Tower Square to the locations prohibiting camping. [Submitted by: M.

Zamora] City Attorney Mario Zamora provided a report for the Council’s consideration. Questions by Council were responded to by staff. Following discussion, it was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried to pass to print the ordinance. 8444

3. Community and Economic Development
(a) Review and approve the policies, procedures, and application process for the City’s Downtown Building Rehabilitation Grant Program. [Submitted by: T. Myers] Community and Economic Development Director Traci Myers provided a report for the Council’s consideration. Questions by Council were responded to by staff. Following discussion, it was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to approve the item with the following changes: Demolition and parking lot projects must coincide with a new addition and any new addition must attract new patrons to downtown; City Manager is given discretion with regard to authorizing requests that are above the $150,000 cap; and including Kern Ave between K and J Streets in the priority area.

4. Engineering Services / Project Management
(a) Award and authorize the City Manager to sign contracts related to City Project EN0094, a street and utility improvement project between O Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount, and approve the revised budget.

1. Contractor Floyd Johnston Construction Co.,
Inc. of Clovis, CA $ 6,652,485.50

2. Construction Surveying Guida Surveying, Inc. of Fresno, CA $ 94,500.00

3. Labor Compliance
Monitoring QK of Visalia, CA $ 31,750.00

4. Materials Testing Krazan & Associates of Clovis, CA $ 119,773.00

5. Construction Inspection NV5, Inc. of Visalia, CA $ 368,480.00 Senior Project Manager Nick Bartsch provided a report for the Council’s consideration. It was moved by Council Member Isherwood, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

5. Fire
(a) Authorize City staff to use the Prosperity Sports Park Clubhouse as the primary location for a cooling and warming center with the Claude Meitzenheimer Community Center as a secondary location if the primary location is unavailable or additional space is required. [Submitted by: D. Rossman] Interim Fire Chief David Rossman provided a report for the Council’s consideration. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and carried 4 to 1 (Council Member Harrell voting no) to approve staff’s recommendation and 8445
change the trigger temperatures to 103 degrees for the cooling center and 29 degrees for the warming center as well as comply with State law in regard to pets.

6. City Manager
(a) Receive update regarding City interactions and activities associated with the Tulare Youth Baseball Park. [Submitted by: M. Mondell] City Manager Marc Mondell provided an update to the Council.

XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Harrell requested and received consensus from the Council to have a proclamation prepared for National Police Week which is May 15-21 this year.

XVI. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 10:30 p.m.

President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
_________________________________
Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
8446

ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
April 27, 2022
A special meeting of the City Council of the City of Tulare was held on Tuesday, April 27, 2022, at 6:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Fred Ynclan, David Rossman, Traci, Myers, Diego Ibanez, Jason Glick, Jason Bowling, Melissa Hermann
I. CALL TO ORDER SPECIAL MEETING
Mayor Mederos called the special meeting to order at 6:04 p.m.

II. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and an invocation was given by Vice Mayor Sayre.

III. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.

There were no citizen comments.

IV. SCHEDULED PRESENTATIONS

1. Proclamation in honor of National Police Week, May 15-21, 2022. Mayor Mederos presented a proclamation to Police Captain Fred Ynclan proclaiming May 15-21, 2022 as Police Week in the City of Tulare.

V. GENERAL BUSINESS

1. City Attorney
(a) Consideration and possible approval of an urgency ordinance to amend the Tulare Municipal Code regarding sidewalk vendors. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a report for Council consideration. The following public comments were received:

Leticia Maldonado expressed concerns regarding safety issues witnessed with mobile vendors; Melissa Hefel of Buttercup Flower Shop inquired what 8447
areas are considered downtown; Janet Lebaron expressed concern over the size of sidewalks in the downtown area and vendors blocking the sidewalks; John Harman of the Tulare Downtown Association inquired about the vetting process in relation to locations of these vendors; and Josh Yeager of the Advance-Register inquired about the number of licenses issued to vendors in the coverage area and if the City has data about the number of traffic incidents involving vendors in the coverage area.

Questions by the public and Council were responded to by staff. Following discussion, it was moved by Council Member Harrell, seconded by Vice Mayor Sayre, and unanimously carried to adopt the urgency ordinance as presented.

VI. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Mayor Mederos requested and received Council consensus to present a proclamation celebrating State Farm’s 100th anniversary at the June 7 meeting.

Council Member Harrell requested and received Council consensus to present a proclamation for National EMS Week at the May 17 meeting.

VII. ADJOURN SPECIAL MEETING
Mayor Mederos adjourned the special meeting at 7:00 p.m.

President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
_________________________________
Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
ORDINANCE 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE REVISING SECTION

8.36.280(F) CHAPTER 36 OF TITLE 8 OF THE CITY OF TULARE MUNICIPAL CODE WHEREAS, the City Council of the City of Tulare, a Charter city under California law, finds the need to revise Section 8.36.280(F) Chapter 36 of Title 8 of the City of Tulare Municipal Code related to rules and regulations for City of Tulare parks; and WHEREAS, the purpose of the revisions of this Ordinance is to add an additional location to the City’s current list of locations prohibiting camping;

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

SECTION 1. Chapter 8.36.280(F) of Title 8 of the City of Tulare Municipal Code is hereby revised as follows:
(F) Camping is not allowed at the following locations at any time due to the reason stated:

Not under City ownership:

Bender Park
Mulcahy Park
Prosperity Sports Park
Cesar Chavez Park
Cypress Park
Live Oak Park
Del Lago Park
Sensitive Uses at or Nearby:

Centennial Park
Tyler Park
Topham Park
Zumwalt Park
Meitzenheimer Community Centre
Elk Bayou Soccer Complex
Tower Square located at 195 N. K St., Tulare, CA 93274
SECTION 2. If any provision of the Tulare Municipal Code or Title of the Ordinance Code of the City of Tulare, whether approved or adopted prior to or subsequent to Section 8.36.280(F) is in conflict therewith, these provisions of Section 8.36.280(F) shall govern.

SECTION 3. This Ordinance shall go into full force and effect 30 days from and after its passage, adoption, and approval.

PASSED, ADOPTED, AND APPROVED this 17th day of May, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
AGENDA ITEM: Consent 3

TYPE OF INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT

SUMMARY OF ALL INVESTMENTS
MARCH 31,2022
BOOK
VALUE
AGENDA ITEM: Consent 4
MARKET
VALUE

CURRENT
YIELD

BOOK VALUE
o/o OF
TOTAL
UNRESTRICTED INVESTMENTS - SEE PAGE 2
RESTRICTED INVESTMENTS - SEE PAGE 3

TOTAL INVESTMENTS
191,957,588 182,210,809 0.778o/o
14,975,333 14,97s,333 N/A
206,932,921 197,186,142 N/A

92.760/o

7.24Yo
100.00%
Note: The City's financial statments will report market values, not book values, at June 30 each year I certify that this report reflects all City investments and complies with the investment policy of the City of Tulare as approved by City Council.

Furthermore, I certiff that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.

Presented to the City Council on April 26 2022. Presented to the Board of Public Utility Commissioners on April 26,2022.

Respectfully submitted, Darlene J. Thompson, CPA, Finance Director/Treasurer ,,LL Date
I t'\fln"nce\lnvestment Reports\2021-2022 lnvestment Reports\9 - March, 2022 investment report.xls

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF UNRESTRICTED INVESTMENTS
MARCH 31,2022
DATES: INTERESTRATES:

TYPE OF INVESTMENT

ISSUER OF

INVESTMENT
Petty Cash
Checking Account - City Wells Fargo Bank
Local Agency Investment Fund (LAIF) State of California Sub-Total
Fixed Income Investments Various (See page 4-7)
Investments in Safekeeping With BNY Western Trust Company

TOTAL UNRESTRICTED INVESTMBNTS

UNREALIZED
GAIN/(LOSS)r

ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH THISMONTH

ESTIMATED
EARNINGS:

BOOK
VALUE
,2, oF
ullN/A N/A
N/A
N/A
On Demand
Various
On Demand
N/A
None
N/A
None
N/A 12,800
12,800
N/A 4,376,732
4,376,732
Balance per bank is $4,620,885
N/A 29,700,000
29,365,980
N/A
N/A
N/A
N/A
(334,020)
(61,973)
N/A
N/A
N/A
N/A
108,405
9,034

0.01%

2.28v"
l5.47Yo

17.76Yo

82.24V.
100.00%
N/A

0.36s%
N/A

0.321%
N/A

0.880%
N/A

0.778%
N/A
N/A
N/A
108,405
9,034
*
34,089,s32
33,755,512
Per BNY WTC
I 57,868,056
r48,455,297
(334,020)
(61,973)
(9,412,7s9)
(5,455,950)
1,308,760
109,063
I 9 1,957,588
182,210,809
(9,7 46,779)
(5,5r7,923)
t,417,165
_!9,0e?_
* LAIF market values are based on the most currently available amortized cost information - March 31,2022 0.988753538 - U/I = Unrestricted Investments 2 T:\Finance\lnvestment Reports\2o21-2022 lnvestment Reports\g - March,2022 investment report.xls

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF RESTRICTED INVESTMENTS
MARCH 31,2022

TYPE OF INVESTMENT ISSUER OF INVESTMENT

ACQUISITION
DATE

MATURITY
DATE
STATED

INTEREST RATE
PAR
VALTJE
BOOK
VALUE
MARKET
VALI'E

BALANCES
AS-OF
DATE
Bond Funds (All are Managed by U.S. Brnk Trust Except LAIF):
20 I 8 Lease Revenue and Refunding Bonds (Account No. 244938000) First American Govt Fd U.S. Bank Trust N/A
2015 Sewer Revenue Refunding Bonds (Account No. 2615940000) First American Govt Fd U.S. Bank Trust
First American Govt Fd U.S. Bank Trust
Investment Repuchase GIC Bayerische Landesbank
20 l6 Sewer Revenue Refunding Bonds (Account No. 23 1687000) U S Bk Mmkt U.S. Bank Trust
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust
2017 Water Revenue Bonds (AccountNo. 219189000)
U S Bk Mmkt U.S. Bank Trust
2020 Water Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust
2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No. 24534600) U S Bk Mmkt U.S. Bank Trust
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Investments :

Various
Various
I l-15-15
Various
Various
Various
Various
Various
On Demand
On Demand
I 1-15-25
On Demand
On Demand
On Demand
On Demand
On Demand
Various
Rserye Fund
Various
Various
Reserve Fund
l.960Yo
Reserue Fund
Various
Various
Various
Various
3,405,8 I I
3,405,8 I l
3,405,81I
3,405,81 1
03-31-22
03-31-22
03-31-22
03-3t-22
03-31-22
N/A
N/A
N/A
N/A
N/A
N/A
l7
49,321
5,032,685
5,082,023
I3
l7
49,321
5,032,685
5,082,023
13 03-3t-22
13 16,227 16,227 -----T6T -----167
l3
N/A | 03-3r-22
I
6,471,255 6,47t,255
6,471,255 6,47t,255
3 03-3t-22
Various N/A 3 03-3t-22

7.24% t4,975,333 14,975,333
T:\Finance\lnvestment Reports\2021-2022 lnvestment Reports\g - March,2022 investment report.xls

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS
MARCH 31,2022

TYPE OF FIXED INCOME INVESTMENT

CUSIP NUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS
Federal Farm Credit Bks Funding Corp
3l33ELI47
Federal National Mortgage Assn
3136G4T52
Federal National Mortgage Assn
3 I 36G4U50
Federal Home Loan Mtg Corp
3I34GVVX3
Federal Horne Loan Mtg Corp
3l34GVB56
Federal Home Loan Banks
3I3OAJREI
Federal Home Loan Mtg Corp
3 r 34GVT65
Federal National Mortgage Assn
3l36G4YU I
Federal National Mortgage Assn
3136G42E2
Federal Home Loan Mtg Corp
3l34GWUE4
Federal Home Loan Mtg Corp
3 r34GWUV6
Federal Home Loan Mtg Corp
3l34GWX43

UNREALIZED
DATES: INTERESTRATES: GAIN/(LOSS):

ACQUISITION STATED BOOK VALUE THIS MONTH

MATURITY CURRENT YIELD PARVALUE MARKETVALUE LASTMONTH

ESTIMATED
EARNINGS:

ANNUAL

THIS MONTH
06-t7-20
06-17-24 c
08-25-20
02-25-25 c
08-27-20
05-27-25 c
06-03-20
05-28-25 c
06- l 0-20
06-10-25 c
06-24-20
06-24-25 c
06-30-20
06-30-25 c
07-r5-20
07-15-25 c
08-26-20
08-26-25 c
09-30-20
09-30-25 c

0.580%

0.600%

0.520%

0.550o/o

0.6000/o

0.630%

0.750%

0.780%

0.700o/o

0.740%

0.750%

0.790%

0.800%

0.850%

0.730o/o

0.77jTo

0.500%

0.530o/o

0.500%

0.s40%
2,000,000
2,000,000
2,000,000
2,000,000
2,000,000
868,056
2,000,000
2,000.000
2,000,000

2.500.000
2,500,000
Per BNY WTC
2,000,000
r,923,280
2,000,000
I,893,680
2,000,000
1,896,500
2,000,000
r,890,620
2,000,000
1,896,560
868,056
825,747
2,000,000
1,892,220
2,000,000
1,889,900
2,000,000
1,87 1,380
2,500,000
2,325,350
(76,720)
(44,580)
( r 06,320)
(66,080)
( I 03,500)
(s9,920)
(109,380)
(65,e00)
( r 03.440)
(59,300)
(42,30e)
(23, I 60)
( l 07,780)
(62,260)
(l 10, r00)
(65, r 20)
(128,620)
(82,980)
( I 74,650)
(rt3,725)
11,600
967
10,400
867
12,000
1,000
15,000
1,250
14,000
1,t67
6,510
s43
16,000
I,333
14,600
t,217
r0,000
833
12,500
1,042
09-30-20
09-30-25 c
t0-02-20
t0-02-25 c
l0-15-20
l0-15-25 c

0.520o/o

0.560%

0.550%

0.5900

0.550%

0.s90%
3,000,000
3,000,000
2,500,000
2,327,500
3,000,000
2,794,830
3,000,000
2,793.180
13,000
1,083
r6,500
1,375
16,500
1,375
( l 72,500)
(r 1 1,975)
(205, r 70)
(13 1,700)
(206,820)
(r33,170)
- CONTINUED ON PAGE 5 -
4 Federal Home Loan Mtg Corp
3134GWXX9
T:\Finance\lnvestment Reports\2021-2022 lnvestment Reports\g - March, 2022 investment report.xls

TYPE OF FIXED INCOME INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
MARCH 3r,2022
DATES: INTERESTRATES:

ACQUISITION STATED BOOK VALUE

UNREALIZBD
GAIN/(LOSS):

THIS MONTH

ESTIMATED
EARNINGS:

ANNUAL

CUSIPNUMBER MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3134GWY34
Federal National Mortgage Asstt
3135G06A6
Federal Farrn Credit Bks Funding Corp
3I33EMDZ2
Federal Farrn Credit Bks Funding Corp
3I33EMEC2
Federal Home Loan Mtg Corp
3134GW3X2
Federal Home Loan Mtg Corp
3|34GW3Z7
Federal l{ome Loan Mtg Corp
3t34GWZL3
Federal Home Loan Mtg Corp
3134GW6S0
Federal Home Loan Mtg Corp
3I34GXAP9
Federal Home Loan Mtg Corp
3134GXCS1
Federal Home Loan Mtg Corp
3I36GXFA7
Federal Home Loan Mtg Corp
3I34GXDM3
l0-t 5-20
l0-15-25 c
t0-20-20
t0-20-2s c
t0-2t-20
10-21-25 c
t0-22-20
t0-22-25 C
t0-27-20
t0-27-25 C
t0-28-20
t0-28-25 C
t0-29-20
t0-29-2s c
I l-10-20
I l-10-25 C
1t-t2-20
tr-12-2s c
n-25-20
t1-25-25 c
I l-30-20
t1-26-25 C
t2-01-20
t2-01-25 c
t2-17-20
12-17-25 C

0.530%

0.570%

0.580%

0.620%

0.s20%

0.5600/o

0.530%

0.5700

0.6250

0.670%

0.6000/o

0.640Yo

0.57j%o

0.610%

0.650%

0.6000/o

0.640v,

0.625%

0.660%

0.6500

0.700010

0.6200

0.670%

0.540%

0.580%
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
2,000,000
3,000,000
3,000,000
2,000,000
3,000,000
2,000,000
1,500,000
2,500,000
3,000,000
2,791,050
3,000,000
2,796,600
2,500,000
2,324,42s
2,500,000
2,327,950
3,000,000
2,814,240
2,000,000
1,874,300
3,000,000
2,792,340
3,000,000
2,821,650
2,000,000
1,880,260
3,000,000
2,821,740
2,000,000
1,864,960
1,500,000
1,39 l,190
2,500"000
2,324.500
(208,950)
(134,7e0)
(203,400)
(130,770)
(175,s75)
(116,275)
(172,050)
(tt2,62s)
( I 85,760)
(l 14,120)
(12s,700)
(77,e00)
(207,660)
(132,660)
( r 78,350)
(106,140)
(l 1e,740)
(7 r,560)
(r78,260)
( 1 05,1 20)
( 135,040)
(86,600)
(108,810)
(53,685)
( I 75,500)
(|4,275)
15,900
1,325
17,400
1,450
13,000
1,083
13,250
1,r04
18,750
r,s63
12,000
1,000
17,100
1,425
I 8,300
1,525
12,000
1,000
I 8,750
1,563
13,000
1,083
9,300
775
13,500
1,125
- CONTINUED ON PAGE 6 -
5 f:\Finance\lnvestment Reports\zoz1-2022 lnvestment Reports\g - March,2022 investment report.xls Federal Farm Credit Bks Funding Corp
3I33EMKT8

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
MARCH 31,2022
DATES: INTERESTRATES

ESTIMATED
EARNINGS:

ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

CUSIPNUMBER MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH THIS MONTH

UNREALIZED
GAIN/(LOSS):

TYPE OF FIXED INCOME INVESTMENT
U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
Federal Home Loan Mtg Corp
3I34GXFV1
Federal Home Loan Mtg Corp
3I34GXHD9
Federal Home Loan Mtg Corp
3134GXJX3
Federal Flome Loan Mtg Corp
3t34GXIZ8
Federal Home Loan Banks
3l30AKQ74
Federal Home Loan Mtg Corp
3134GXKJ2
Federal Home Loan Banks
3I3OAKPC4
Federal National Mortgage Asso.
3 l3sG06R9
Federal Home Loan Banks
3 I 30AL3S I
Federal Home Loan Banks
3I3OAKYU4
Fedetal Home Loan Banks
313OALCW2
Federal Home Loan Banks
3130AK225
12-17-20
**
t2-17-25 C
t2-23-20
t2-23-25 c
0 I -05-2 I
0l-05-26 c
0t-07-21
0l-07-26 C
0l-22-21
01-22-26 C
0t-22-21
0t-22-26 c
01-28-21
01-28-26 C
0 I -28-2 I
0t-28-26 c
02-17-21
02-17-26 C
02-24-21
02-24-26 c
02-25-21
02-25-26 C
02-26-21
02-26-26 c
03- I 0-2 I
03-10-26 c

0.62s%

0.670%

0.700%

0.7s0%

0.ss0%

0.590%

0.520%

0.s60%

0.62s%

0.670%

0.550%

0.590%

0.600%

0.640%

0.550%
0s90%

0.625Yr

0.670%

0.600%

0.640%

0.62s%

0.6'10%

0.650%

0.700y,

0.800%

0.860%
2,000,000
3,000,000
2,500,000
2,000,000
2,500,000
2,500,000
2,000,000
2,000,000
3,000,000
3,000,000
3,000,000
3,000,000
3,000,000
2,000,000
l,859,800
3,000,000
2,806,890
2,s00,000
2,339"625
2,000,000
l,869,500
2,s00,000
2,319.450
2,500,000
2,337,450
2,000,000
1,872,760
2,000,000
I,869,360
3,000,000
2,804,520
3,000,000
2,805, I 80
3,000,000
2,808,420
3,000,000
2,789,040
3,000,000
2,794,080
( I 40,200)
(83,s20)
(193,1 l0)
(l19,250)
(l 60,37s)
(98,42s)
(l 30,500)
(80,900)
( I 80,550)
(118,175)
(162,5s0)
(9e,ezs)
(r2'7,240)
(77,020)
(130,640)
(80,380)
( l9s,480)
(l 19,430)
( I 94,820)
(r 18,500)
(1 9 r,580)
(l r4,990)
(2 l 0,960)
( r 34,760)
(20s,920)
(129,330)
I 2,500
1,042
21 ,000
t,750
13,750
1,146
10,400
867
15,625
1,302
13,750
r,t46
12,000
l,000
I1,000
917
l 8,750
1,563
18,000
I,500
1 8,750
1,563
19,500
t,62s
24,000
2,000
- CONTINUED ON PAGE 7 -
6 f:lfinance\lnvestment Reports\2021-2022 lnvestment Reports\9 - March,2022 investment report.xls Fedelal Home Loan Banks
3 I 3OALFSS

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
MARCH 3L,2022
DATES: INTERESTRATES:

UNREALIZED
GAIN/(LOSS):

ESTIMATBD
BARNINGS:

TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

CUSIPNUMBER MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH THIS MONTH U.S. GOIE
Federal Home Loan Banks
3r30ALKQ6
Federal Home Loan Banks
3l3OALXVI
Federal Home Loan Banks
3l3OAMWU2
Federal Home Loan Banks
3l30AN2L3
Federal Home Loan Banks
3130AN4R8
Federal Flome Loan Banks
3I3OANFT2
Federal Home Loan Banks
3I3OANLZI
Federal Home Loan Banks
3l30ANM56
Federal Home Loan Banks
313OANUX6
Federal Home Loan Banks
313OANXS4
Federal Home Loan Banks
3I3OANXU9
Federal Home Loan Banks
3I3OANYR5
03-30-2 l
03-30-26 C
04-22-21
04-22-26 C
06-30-2 l
06-30-26 C
07-13-21
07-13-26 C
07-29-21
07-29-26 C
08-24-21
08-24-26 c
08-26-21
08-26-26 C
08-27-21
08-27-26 C
09-28-2r
09-28-26 C
09-28-21
09-28-26 C
09-30-2 1
09-30-26 C
09-30-21
09-30-26 C
10-21-21
10-21-26 C

1.030o/o

1.090%

1.100%

1.160%

1.000%

1.060%

1.020o/o

1.080%
t.t2s%

1.190o/o

1.050o/o

1.120%

0.900%

0.9600/o

1.050%
Ll10%

1.100%
t.170%

0.900%

0.960%

1.000%

1.030%

0.950o/o

1.010%

1.000%

1.0600/o
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
2,500.000
2,500,000
2,500,000
2,370,475
2,500,000
2,374,000
3,000,000
2,830,740
3,000,000
2,831,220
3,000,000
2,840,580
3,000,000
2,807,460
2,500,000
2,344,325
2,500,000
2,369,350
3,000,000
2,830,530
3,000,000
2,809,050
3,000,000
2,819,910
2,500,000
2,345,325
2,500,000
2,362,650
(r29,s2s)
(66,075)
(126,000)
(62,22s)
(169,260)
(8e,550)
( l 68,780)
(88,7 I 0)
(r59,420)
(79,680)
(r92,540)
(l 10,580)
( l 55,675)
(86,800)
( 130,650)
(63,72s)
(169,470)
(87.420)
( l e0,e50)
(107,640)
( 1 80,0e0)
(97,350)
(154,67s)
(85,475)
( 137.350)
(66,325)
25,750
2,146
27,500
) )q)
30,000
2,s00
30,600
2,550
33,750
2,813
3 r,500
2,62s
22,500
1,875
26,250
2,1 88
33,000
2,750
27,000
2,250
30,000
2,500
23,750
1,979
25,000
2,083
- CONTINUED ON PAGE 8 -
Federal Home Loan Banks
3I3OAPCD5
7 T:\Finance\lnvestment Reports\2021-2022 lnvestment Reports\g - March,2022 investment report.xls

TYPE OF FIXED INCOME INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
MARCH 31,2022
DATES: INTERESTRATBS:

ACQUISITION STATED
CUSIP NUMBER MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTI{ THIS MONTH

BOOK VALUE

UNREALIZBD
GAIN/(LOSS):

THIS MONTH

ESTIMATED
EARNINGS:

ANNUAL
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Bks
3 I 30APJ55
Federal Home Loan Bks
3I3OAPJB2
Federal Home Loan Bks
313OAPDQ5
Federal Home Loan Bks
3l3OAPFQ3
Federal Horne Loan Bks
313OAPFRI
Federal Home Loan Bks
3I3OAPFU4
Federal Home Loan Bks
3 I3OAPLP8
Federal Home Loan Bks
3I3OAPNK7
Federal Home Loan Bks
3 I3OAPPL3
Federal Home Loan Bks
313OAPXT7
Federal Home Loan Bks
3130ARA68

TOTAL FIXED INCOME INVESTMENTS
**All are in safekeeping with BNY Western Trust Company t0-26-21
10-26-26 C
t0-26-21
t0-26-26 c
I 0-28-2 I
t0-28-26 c
10-28-21
10-28-26 C
I 0-28-2 I
t0-28-26 C
t0-28-21
10-28-26 C
t1-16-21
tt-16-26 c
I l-18-21
1l-18-26 c

1.250%

1.3t0%
t.125%

1.190%

1.250o/o

1.320o/o
Ll00%
t.170%

1.120%

1.t90%

1.050%

1.120%
r.375%

1.440o/o

1.375%

1.440o/o
3,000.000
3,000,000

3.000,000
2,000,000
2,000,000
2,000,000
2,500,000
3,000,000
3,000,000
2,000,000
2,000,000
N/A
Per BNY WTC
3,000,000
2,857,110
3,000,000
2,836,440
3,000,000
2,847,120
2,000,000
1,884,900
2,000,000
I,887,340
2,000,000
I ,88 1,500
2,500,000
2,388,225
3,000,000
2,855,070
( r 42,890)
(62,490)
( l 63,560)
(8 1,090)
(152,880)
(7 t,370)
(115,100)
(s9,740)
(112,660)
(57,440)
( l I 8,500)
(62,920)
(1n,77s)
(45,500)
(144,930)
(63,8 l 0)
(125,250)
(47,160)
(83,300)
(30,e40)
(3 1,s00)
(30,940)
37,500
3,125
33,7 50
2,813
37,500
3,125
22,000
1,833
22,400
1,867
21,000
1,750
34,375
2,86s
41,250
3,43 8
43,500
3,625
32,000
2,667
47,000
3,917
t1-23-21
ll-23-26 c
t2-17-21
t2-t7-26 C
03-29-22
03-29-27 C
t.450%

1.510%

1.600%

1.670%

2.350%

2.390%
N/A

0.880%
3,000,000
2,874,750
2,000,000
1,916,700
2,000,000
1,968,500
I 57,868,056
148,455,297
(9,412,7se)
(5,455,950)
1,308,760
109,063
8 - U/l = Unrestricted Investments
T:\Finance\lnvestment Reports\2021-2022 lnvestment Reports\g - March, 2022 investment report.xls

CHANGES IN BALANCES AND YIELDS

CITY OF TULARE

TREASURER'S EXECUTIVE SUMMARY
MARCH 31,2022

BOOK VALUE

MARKET VALUE

DIF'F'ERENCE AVERAGE STATED YIELD

CATEGORY MARCH FEBRUARY CHANGE MARCH FEBRUARY CHANGE
Total Investments
Unrestricted Investments
Restricted Investments
Local Agency Investment Fund (LAIF)
Fixed Income Investments (Total)
TRANSACTIONS (BOOK VALUE): *

CATEGORY
206,932,921
197,186,t42
(9,746,779)
191,957,588
r 82,210,809
(9,746,779)
14,975,333
1 4,97 5,3 3 3
0 29,700,000
29,36s,980
(334,020)
157,868,056
148,455,297
(9,412,7s9)

PURCHASES
202,916,899
I 97,408, r 48
4,016,022
(222,006)
(4,238,028)
2,307,129
(r,es0,900)
(4,238,028)
r,708,894
I,708,894
0 (3,000,000)
(3,250,279)
(2s0,279)
2,000,000
(r,987,749)
N/A

0.778%
N/A

0.3650

0.880%

SALES / CALLS
(5,508,751)
189,6s0,460
t84,14t,709
N/A

0.735%
N/A

0.278Yo

0.840Yo
N/A

0.043%
N/A

0.087Yo

0.040Yo
(5,508,75 I )
13,266,439
r 3,266,439
0 32,700,000
32,6 r 6,2s9
(83,741)
155,868,056
t 50,443,046
(s,425,0 r 0) (3,987,749)
Fixed lncome Investments
Federal Home Loan Banks, 2.35%
Fixed Income Investments
2,000,000
2,ooo,ooo
9 0
T:\Finance\lnvestment Reports\2021-2022 lnvestment Reports\g - March,2O22 investment report.xls BALANCES:

CITY OF TULARE

INVESTMENTS BALANCE AND YIELD HISTORY FOR EIGHT MONTHS
MARCH 31,2022

BOOKVALUE

MARKET VALUE

DIFFERENCE

CATEGORY

JANUARY
2022

DECEMBER
2021

NOVEMBER
2021

OCTOBER
202t

SEPTEMBER
2021
AUGUST
2021
JULY
2021
JUNE
2021
Total Investments 200,623,507
I96,356,632
197,62t,228
195,164,358
194,997,227
192,850,876
198,161,172
r 96,335,816
t97,924,8t5
t97.065.106
194,391,231
1 94,087, t 08
193,t02,032
192,861,324
185,651,009
184,69 I ,617
Unrestricted Investments
(4,266,87s)
I 84,686, I 59
I80,419,284
(2,4s6,870)
182,033,535
179,576,665
174,353,730
I 72,207,379
182,573,270
180,747,914
181,812,865
t80,9s3,1s6
177,6t8,184
I77,3 t 4,061
174,872,483
174,63 1,77 5
l 68,878,084
t 67,9 18,692
(2,146,351) (r,82s,3s6) (859,709) (304,123) (240,708) (9s9,392) (4,266,875)
ts,937,348
15,937,348
15,587,693
15,587,693
17,643,497
17,643,497
15,587,902
I5,587,902
t6,l I 1,950
16,I I 1,950
16,773,047
16,773,047
18,229,549
18,229,549
16,772,925
16,772,925
(2,456,870) (2,146,351) (1,825,356) (859,70e) (304,123) (240,708) (959,392) Restricted Investments
0 27,700,000
27,629,064
0 24,200,000
24, I 38,027
0 27,700,000
27,629,064
0 36,500,000
36,495 389
0 52,500,000
52,493,367
0 58,500,000
58,504,854
55,500,000
5 5,504,605
48,700,000
48,704,041
0 0
Local Agency Investment Fund (LAIF)
Fixed Income Investments (Total)
AVERAGE STATED YIELDS:

Unrestricted Investments
Restricted Investments
Local Agency Investment Fund (LAIF)
Fixed Income Investments (Total)
(70,e36) (61,973) (70,936) (4,61l) (6,633)
I 55,868,056 I 27,868,060
I 51,672,I r7
I 55,868,056
I 53,473, I 59
l 53,868,056
151,724,042
(2,144,014)
145,368,057
t 43,547,3I2 12 014,984
4,854
1 16,368,066
I 16,059,089
4,605
l 16,868,073
1 r 6,622,760
4,041
1 15,368,141
114,404,708
(4,19s,e3e) (2,3e4,897) (1,820,74s) (853,076) (308,e77) (245,313) (963,433)

0.'735Yo
N/A

0.234y,

0.830%

0.73t%
N/A

0.2l2vo

0.820%

0.731%
N/A

0.212Yo

0.820%

0.655%
N/A

0.203%

0.77j%o

0.s63vo
N/A

0.20604

0.72004

0.523%
N/A

0.22lYo

0.690%

0.534%
N/A

0.22lYo

0.690%

0.540o/o
N/A

0.262%

0.690%
t0 T:\Finance\lnvestment Reports\2021-2022 lnvestment Reports\g - March, 2022 investment report.xls

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Fire
For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize the City Manager, or designee, to purchase equipment to be used for the new aerial ladder truck from LN Curtis and Sons in the amount of $93,244.78 using the remaining allocated ARPA funds left over after the purchase of the apparatus.

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

During the Special Session of the City Council that was held on December 7, 2021, the Council voted unanimously to amend Resolution 2021-58 to include up to $1,500,000 for the purchase of a Fire Department Ladder Truck and related equipment.

Following the purchase of the Pierce Ladder Truck, there was a balance of $93,379.84 remaining from the allocated ARPA funding. Three vendors were contacted and asked to provide a quote for equipment related to the ladder truck. They were given instructions to not deviate from the brands/part numbers listed, however, were granted the latitude to substitute brands for any similar items they sell if a specific part number was not listed. Staff received responses from both LN Curtis and Sons and MES Fire. The third vendor, Allstar Fire did not respond.

The City’s Purchasing Policy CM-14, Section 4. H. addresses “Sole Source” which much be approved by the City Manager and City Council.

AGENDA ITEM: Consent 5
If this purchase is authorized there will be a remaining funds balance of funds $135.06, however, the Fire Department will consider this project completed.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
028-4145-7201
Submitted by: David Rossman Title: Interim Fire Chief
Date: April 21, 2022 City Manager Approval: ____________ Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
DUNS#: 00-922-4163
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
***.LNCurtis.com
Quotation No. 223101

Page 1 of 5 ends

Quotation
CUSTOMER: SHIP TO:

Tulare City Fire Department
800 South Blackstone
Tulare CA 93274
Tulare City Fire Department
800 South Blackstone
Tulare CA 93274
QUOTATION NO. ISSUED DATE EXPIRATION DATE
223101 04/21/2022 05/21/2022

SALESPERSON CUSTOMER SERVICE REP
Chris Parano
[email protected]
559-301-5156
Steve Price
[email protected]
510-268-3333
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Chief Rossman C33229 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
FTSP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 1 1 EA T4X BULRD Metallic Blue T4X X-Factor Thermal Imager with XTCHARGERBASE, AC Adapter and
2Ea. Batteries
$8,363.00 $8,363.00
2 1 EA POWERHOUSE
BULRD
Vehicle Charging Station $652.00 $652.00
3 1 EA HR2 FIRE HOOKS II Tool- 6" Maximum Thrust $2,640.00 $2,640.00 4 2 EA 22-796016 PARA 3" Cup Seal for Gold Struts $23.00 $46.00 Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
DUNS#: 00-922-4163
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
***.LNCurtis.com
Quotation No. 223101

Page 2 of 5 ends

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 5 2 EA 22-550195 PARA Teflon O-ring $1.90 $3.80
6 2 EA 22-890730 PARA Para Double Male Nipple $19.00 $38.00 7 2 EA 22-890736 PARA Y 2-Para Coupling X Maxiforce Nipple $112.10 $224.20 8 2 EA 22-890490150 PARA Inline Relief Valve- 165Psi $183.35 $366.70 9 1 EA 22-890516 PARA 3/8" 16' Red Hose with Couplings $83.60 $83.60 10 1 EA 22-890514 PARA 3/8" 16' Blue Hose with Couplings $83.60 $83.60 11 1 EA 22-890517 PARA 3/8" 16' Green Hose with Couplings $83.60 $83.60 12 1 EA 22-888135G2 PARA KPI8 8.2 Ton Maxiforce Air Lifting Bag $822.70 $822.70 13 1 EA 22-888140G2 PARA KPI12 13.7 Ton Maxiforce Air Lifting Bag $963.30 $963.30 14 2 EA 22-79HA10K PARA Hydrafusion Strut 10 Kit Consisting of:
(1) 22-79HA10, 51.8 Lb Hydrafusion Strut
(1) 22-7900209G, Pump with Gauge
$4,002.35 $8,004.70
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
DUNS#: 00-922-4163
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
***.LNCurtis.com
Quotation No. 223101

Page 3 of 5 ends

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 15 1 EA 22-796852 PARA Highway Vehicle Stabilization Kit, Consisting of:
2- 22-796200 Acme Rescue Strut 25-36"
2- 22-796202 Acme Rescue Strut 37-58"
2- 22-796012 12" Strut Extension
2- 22-796024 24" Strut Extension
2- 22-796036 36" Strut Extension
4- 22-796025 Multi Base
4- 22-796180C 12" Hinged Base with
Anghor Ring
4- 22-890553 27' Ratchet Belt with Finger
Hooks
4- 22-796161 Tie Down Keys with J Hook
$7,905.90 $7,905.90
16 2 EA 22-796C1H PARA Grade 100 Chain 20 Ft $409.45 $818.90 17 2 EA 22-796150 PARA 6X6" Hinged Base Plate with Anchor Ring $430.35 $860.70 18 2 EA 22-796270 PARA Contour Base $214.70 $429.40
19 2 EA 967635601 HUSQ 14" K970 III Rescue Cut-Off Saw $1,832.00 $3,664.00 20 1 EA 272889000-1
HURST
S789 E3 Edraulic 3.0 Cutter Tool Only $10,831.50 $10,831.50 21 2 EA 90-53-15 HURST EWXT Edraulic Watertight 9Ah Battery $715.50 $1,431.00 22 1 EA 90-53-21 HURST EWXT Edraulic Watertight 110V Battery Charger
$486.00 $486.00
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
DUNS#: 00-922-4163
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
***.LNCurtis.com
Quotation No. 223101

Page 4 of 5 ends

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 23 1 EA 271855000-1
HURST
SP555 E3 Edraulic 3.0 Spreader Tool Only $12,037.50 $12,037.50 24 2 EA 90-53-15 HURST EWXT Edraulic Watertight 9Ah Battery $715.50 $1,431.00 25 1 EA 90-53-21 HURST EWXT Edraulic Watertight 110V Battery Charger
$486.00 $486.00
26 1 EA 274886000-1
HURST
R522 E3 Edraulic 3.0 Ram Tool Only $8,185.50 $8,185.50
27 2 EA 90-53-15 HURST EWXT Edraulic Watertight 9Ah Battery $715.50 $1,431.00 28 1 EA 90-53-21 HURST EWXT Edraulic Watertight 110V Battery Charger
$486.00 $486.00
29 1 EA 81-67-20 HURST KSV11 Chain Set with Clevis Lock And Hook, Consists of:
2 - 6Ft Chains with Hook
2 - Shackle with Bolt
$958.55 $958.55
30 1 EA 272080425 HURST 12V DC Edraulic Charger $517.50 $517.50 31 1 EA PLASTIX PLUS
CUSTOM
As Below;
PP-HED-S789-EWXT
-Horizontal brakcet for S789EWXT
$225.00 $225.00
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
DUNS#: 00-922-4163
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
***.LNCurtis.com
Quotation No. 223101

Page 5 of 5 ends

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 32 1 EA PLASTIX PLUS
CUSTOM
As Below;
PP-HED-SP555-EWXT
-Horizontal bracket for SP555EWXT
Spreader
$250.00 $250.00
33 1 EA PLASTIX PLUS
CUSTOM
As Below;
PP-HED-R522-EWXT
-Horizontal bracket for R522EWXT
$225.00 $225.00
34 1 EA 22-88D025K PARA Multiforce Remote Placement Bag Kit, with Saddlebag Control Kit
$10,502.25 $10,502.25
Small Business
CAGE Code: 5E720
DUNS Number: 009224163
SIC Code: 5099
Federal Tax ID: 94-1214350
This pricing remains firm until 05/21/2022. Contact us for updated pricing after this date.

Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-specific prices, terms, and conditions.

Subtotal $85,537.90
Tax Total $7,056.88
Transportation $650.00
Total $93,244.78
View Terms of Sale and Return Policy

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Community Services – Recreation/Senior Services For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize City Manager or designee to sign amended agreement number KT/AAA 2021/2022 for the City of Tulare to provide meals and services to senior citizens.

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

This is an amendment to the agreement originally brought to the City Council on August 3, 2022. Kings/Tulare Area on Aging (KT/AAA) has a long-standing contract with the City of Tulare to provide congregate meals and home-delivered meals to the senior citizens that live within the community. KT/AAA has offered additional one-time only funding in the amount of $168,651. The original contract amount for the current budget year was $224,753. The revised total contract amount will be $393,404. Matching funds are 10% and are covered by normal operating budget expenditures of the Senior Center.

STAFF RECOMMENDATION:

Authorize City Manager or designee to sign amended agreement number KT/AAA 2021/2022 for the City of Tulare to provide meals and services to senior citizens.

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

N/A
Submitted by: Jason Glick Title: Community Services Director Date: May 9, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 6

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Finance
For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None AGENDA ITEM:

Adopt a resolution to amend the Fiscal Year 2021-2022 Annual Operating Budget.

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

On April 19, 2022, a presentation of the mid-budget reflected an increase in General Fund revenue of $2,670,060 from the original budget approved on June 15, 2021. The increase is due mainly to an increase in sales tax revenues, lawsuit settlement and other unanticipated revenues. Council subsequently directed staff to allocate the increase revenue as follows:
a. Homeless Reserve $1,500,000
b. Inyo Corridor Redevelopment $500,000
c. Vehicle/Equipment Replacement $300,000
d. Catastrophic/PERS Personnel Reserve $300,000
The attached resolution has been prepared to reflect Council’s direction to staff and provided for Council consideration.

STAFF RECOMMENDATION:

Adopt a resolution to amend the Fiscal Year 2021-2022 Annual Operating Budget.

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

N/A
Submitted by: Darlene Thompson Title: Finance Director
Date: May 9, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 7
RESOLUTION 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

APPROVING MID-YEAR APPROPRIATIONS NOT INCLUDED IN THE ADOPTED 2021/2022 FISCAL YEAR BUDGET
WHEREAS, on June 15, 2021, the City Council adopted the 2021/2022 Fiscal Year Budget following a public hearing; and
WHEREAS, on April 19, 2022, City staff prepared a mid-year budget review for the Council’s review and consideration; and
WHEREAS, the Adopted General Fund budget and the Year End Estimate difference show an excess of $2,670,060; and
WHEREAS, in accordance with Administrative Policy CM-10 Budget Policies and Practices, the City Council may amend or supplement the budget any time after its adoption; and
WHEREAS, City staff has proposed and sought direction from Council regarding specific allocation for the excess funds.

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

Section 1. The City Council approves the following appropriations:
a. Homeless Reserve $1,500,000
b. Inyo Corridor Redevelopment $500,000
c. Vehicle/Equipment Replacement $300,000
d. Catastrophic/PERS Personnel Reserve $300,000
PASSED, APPROVED, AND ADOPTED this 17th day of May, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-14 Page 2
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 2022-14 passed and adopted by the Council of said city at a regular meeting held on May 17, 2022, by the following vote:

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk
By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Community & Economic Development For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Approve and authorize the City Manager or designee to enter into a Professional Services Agreement for Consulting Services with MIG, Inc. not to exceed $100,000 to prepare the City of Tulare Downtown Masterplan Update.

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

On February 15, 2022, City Council approved the circulation of a Request for Proposals (RFP) seeking a consultant team to support the formulation of a Downtown Master Plan to update the City’s existing Downtown Tulare Vision 2040 Plan.

Four proposals were received by the due date from the following:

1. SWA

2. Stantec

3. MIG, Inc.

Following approval by City Council, staff will proceed with the execution of a AGENDA ITEM: Consent 8
Professional Services Agreement with MIG, Inc. and begin project initiation.

It is anticipated the project will occur over a six-month time period. Task two includes several meetings including meetings with the community, stakeholders, elected official and a Downtown Master Plan Update project committee.

City Council will be presented with the final Master Plan Update for review and adoption following its completion.

STAFF RECOMMENDATION:

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

City Council adopted Resolution 2021-52 approving the first round of expenditures of the City’s American Rescue Plan Act (ARPA) funding. One approved project is the Downtown Master Plan Update, for which City Council allocated $100,000.

ATTACHMENTS:

Attachment 1 – MIC, Inc. Proposal
Submitted by: Traci Myers Title: Community & Economic Development Director Date: May 9, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Engineering Services / Engineering For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Accept a Grant of Easement for water pipeline easement from Great Valley Builders, Inc., a California Corporation, for the installation, repair and maintenance of a water pipeline and appurtenances to provide a city water service from Seminole Avenue to the landscape lot located in the Oak Creek Landscape & Lighting District on the east side of Mooney Boulevard, south of Seminole Avenue.

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

Great Valley Builders, Inc., a California Corporation, owner of Lot 13 of the Oak Creek No. 4 Subdivision located on the south side of Seminole Avenue at Mooney Boulevard, is required to construct a water pipeline and associated appurtenances across adjacent property to facilitate certain improvements required for the Oak Creek Master Plan area basin. This grant of easement for water pipeline and appurtenances will allow the improvements to be constructed, repaired and maintained across the adjacent property.

STAFF RECOMMENDATION:

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: May 10, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 9
RECORDING REQUESTED BY:

CI'TY OF TULAIIE
AND WHtrN RtrCORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA93274-4257
PURSUANT TO GOVERNMENT CODE SEC'I'ION 6103,
NO RECORDING FEE REQUIRHD. SPACE ABOVA FOR RECORI}ER'S USE Grant of Easement
TI{H UNDHRSIGNED GRANTOR(S) DHCLARE(S)
DOCUMENTARY TRANSFER TAX IS $-reNE
X City of Tulare Parcel No. APN No. 172-0?0-008
fl Computed on full value of interest or property conveyed, or I Cornputed on full value less value liens or encumbrances remaining at tims of sale, and F'OR A VALUABLH CONSIDHRATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herern described real property,
Greot Vslle.v Builders, Inc., ("Grantor")
llereby CRANT(S) to the City of 'fulare, a Municipal Corporation ("Grantce"), an easement far ll/uler Line purposes over the rcal property in the City of Tulare, Coun{ of Tulare, State of Califomia, described as follows:

SEE ATTACHED EX}IIBIT'A' FOR LEGAL DESCRIPTION AND EXHIBIT 38'FOR PLAT Date: tLz
Grantor: Oreat Valley Builders. Inc.

By:

Greg -4NunlffiPcsicl>ent
A Notary Public or other officer completing this certificate verifies only the identily of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validiW of that document.

State of California )
) S.S.

L'7.' ATLZ befors ffict
I
Notary Public, personally appeared
who proved to me on the satisfactory evidence to be
and acknowlcdged to me
signafurE(s)-on the
I certifu under PflNALTY OF PERJURY undsr the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my
the within instrument
cxecuted the same by@\crlthcir
), or the entity upou of which the person(s) acted, executed the irrstrument.

Signature of Notary Public
seal.
(Seal)

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 April 22, 2022, from Great Valley Builders, Inc., a California Corporation, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on May 17, 2022, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant of Easement.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Engineering Services / Engineering For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Approve the final map for Phase 2b of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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

Planning Commission Resolution No. 5066 adopted on January 28, 2013 approved the tentative map for the KCOK Ranch subdivision located between Mooney Boulevard and Morrison Street, north of Seminole Avenue. The overall subdivision comprises approximately 110 acres and consists of 355 lots to be developed in 9 phases. The map requires public utility easements, block wall easements, street dedications, and lots dedicated in fee to the City for landscaping, block wall, sidewalks and other public purposes.

All fees and sureties required per the subdivision improvement agreement have been provided prior to this subdivision map being presented to Council for approval.

A copy of Planning Commission Resolution No. 5066 and the draft final map is attached for reference.

STAFF RECOMMENDATION:

Approve the final map for Phase 2b of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: May 10, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 10
RESOLUTION NO. 5066

A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION MAPKCOK RANCH REVISED AND VARIAN CE NO. 450 WHEREAS, the City of Tulare Planning Commission held a regular meeting on January 28, 2013 to consider a request by Central Valley Land Co., LLC to revise KCOK Subdivision Map by subdividing approximately 110 acres into 355 lots to be developed in 9 phases and for a variance due to the length of the cul-de-sac exceeding 400 feet in length on property located between Mooney Boulevard and Morrison Street, north of Seminole A venue (APN's 172-010-039, 040, and 041); and,
WHEREAS, the City of Tulare Planning Commission determined that the proposed subdivision map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or the improvements of the proposed subdivision are consistent with the Tulare General Plan; and,
WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of density proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and, WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with easements through the property; and,
WHEREAS, the City of Tulare Planning Commission determined a Mitigated Negative Declaration was prepared pursuant to the California Environmental Quality Act of 1970 and the State CEQA Guidelines; and,
WHEREAS, the City of Tulare Planning Commission determined that the proposed subdivision map is consistent with the Tulare City Code; and, WHEREAS, the City of Tulare Planning Commission determined that the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Title; and,
WHEREAS, the City of Tulare Planning Commission determined that there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same Zoning District; and,
Page2
Resolution 5066
TSM- KCOK Ranch Revised and VAR 450
WHEREAS, the City of Tulare Planning Commission determined that the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same Zoning District; and,
WHEREAS, the City of Tulare Planning Commission determined that the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same Zone District; and, WHEREAS, the City of Tulare Planning Commission determined that the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, NOW, THEREFORE, BE IT RESOLVED by the City of Tulare Planning Commission that Tentative Subdivision Map- KCOK Ranch Revised and Variance No. 450 are hereby approved subject to the following conditions:
1) Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to issuance of any building permits and prior to the storage of combustible materials on site. The applicant shall comply with conditions as required by the Engineering- Public Works Department, Fire Department, and Parks, Recreation and Library Department.
2) Final acceptance of the tract shall be contingent upon the subdivider's providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose of drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works - Engineering Department. 3) Six-foot public utility easements shall be granted along all street frontages. 4) Final subdivision map shall depict all easements.
5) The applicant shall comply with the requirements of the Tulare Board of Public Utilities regarding sewage disposal and water supply facilities. 6) Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map for each phase.
7) Applicant to provide a disclosure statement as set forth in Section 10.112 of the Zoning Ordinance (Right to Farm chapter).
8) Applicant to provide retaining wall where ever adjacent lot grades exceed six inches. 9) Applicant to comply with San Joaquin Valley Control District in regards to dust control and obtain any permits necessary from that agency.

Page3
Resolution 5066
TSM-KCOK Ranch Revised/ Var 450
10) Applicant shall record Phase 1 prior to recording Phase 2. All changes to phasing of the tentative subdivision shall be subject to approval of the City Engineer and Planning & Building Director.
11) Applicant to comply with recommendations of the Traffic Study dated March 2005. 12) All street names shall be in compliance with city street naming guidelines and approval of the Planning & Building Director.
13) Applicant to provide six foot high solid fence with permanent type posts (metal or block) for residential fencing. Director of Planning & Building shall approve design prior to construction.
14) Applicant to set-up a landscape maintenance district prior to recordation of the final map. All landscape plans within the landscape maintenance district shall be consistent with city standards and approved by the Director of Parks, Recreation and Library.

Landscape maintenance district shall include the park site at 50% cost recovery for maintenance. Park design and amenities shall be reviewed and approved by the Parks Commission and City Council.
15) Applicant shall record a notice that each lot is located in Landscape Maintenance District.
16) Decorative landscape maintenance district block walls are to be approximately 6'8" in height. Design and construction details to be approved by the City Engineer and Planning & Building Director. Block walls shall be required along Mooney Blvd., Seminole Avenue, Morrison Street and along those lots abutting the Santa Fe Trail, excluding pocket parks and pedestrian/bike access points. Height of the block wall along Mooney Blvd shall be IO feet or as a noise consultant recommends to mitigate traffic noise from Mooney Blvd. Applicant shall submit a noise study prior to construction of the I st phase of development to determine how far easterly on the Santa Fe Trail the 10 foot tall block should extend to mitigate noise. 17) Applicant to comply with San Joaquin Valley Air Pollution Control District Rule 9510 for each final map phase.
18) Lots must meet the minimum standards for the zone district. 19) Applicant shall install a Class I - 10 foot wide bike/pedestrian trail along the Morrison frontage.
20) Applicant shall prepare an Air Impact Assessment application to the San Joaquin Valley Air Pollution Control District no later than the last discretionary city approval, and pay any applicable off-site mitigation fees before issuance of the first building permit.

Page4
Resolution 5066
TSM-KCOK Ranch Revised/ Var 450
21) Include memorandum from City Engineer, dated January 28, 2013, into Engineering conditions recommending that KCOK subdivision be made responsible for a proportional share of the cost of the improvement of Morrison Street between Tulare Avenue and Seminole Ave. KCOK's proportional share of the cost would be 50% of the total cost of the city project to improve this section of Morrison St. payable to the City of Tulare upon issuance of 220 building permits (estimate to be at Phase 3) or upon completion of construction of the new elementary school, whichever occurs first.

PASSED, APPROVED AND ADOPTED this twenty-eighth day of January 2013 by the following recorded vote:

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TENTATIVE SUBDIVISION MAP
BEING A OMS/ON or A PO/lTION or THE NOi/TH HAL, Of S[CTION 6, T, 20 s .. R. 24 £..

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ZONING MAP
BEING A DIVISION Of A PORTION Of THE NORTH HAlf Of SECTION 6, T, 20 S., R.

M.D.B.&M.. IN TH[ CITY or TIJ!/IRE. COON/TY or TULARE, STA7£ or CAUFORNIA DECEMBER. 2012
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GENERAL PLAN MAP
BEING A DMS/ON Of A PORTION Of 7HE NOR1H HALF OF SECTION 6, 7. 20 S .. R. 24 E ..

M.D.B.&M .. IN THE C/1Y or TULARE, COUNTY Of TULARE. STAT[ Of CAL IFORNIA.

DECEMBER, 2012
FOR: KCOK PAATNERS
401 N. CHURCH S7., SUITE B
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BY: J.W. RCfl/NSDN CONSUlTINC SERVICES
401 N. CHURCH ST., SUITE B
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INTEROFFICE MEMORANDUM
Engineering Department Mike Whitlock, City Engineer
TO:

FROM:

SUBJECT:

LOCATION:

DEVELOPER:

DATE:

Planning and Building Division
Engineering Division
Engineering Considerations - Tentative Subdivision of KCOK Ranch NE Corner of Mooney Blvd. and Seminole Ave.

KCOK Partners
January 24, 2013
SOILS:

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

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

STREETS:

Street widths shall be as shown on approved tentative map, unless otherwise noted in Attachment "A" R-Value tests shall be taken for the design of all pavement areas to be constructed by this project. The spacing of said R-Value tests shall not be more than 400 feet apart, per linear foot of paving.

The structural section of all streets shall be not less than the thicknesses shown in Item 1 of Attachment "A," except that a greater thickness may be required by soils test results and engineered structural section calculations. The design of streets shall be asphalt concrete section with aggregate base.

All streets shall have the standard cross section with curb, gutter and sidewalk.

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

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

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

The centerlines of all streets shall be the continuations of the centerlines of existing streets, or shall be offset at least two hundred (200) feet.

The centerline curve radius for roadway design shall be a minimum of 250 feet for local streets, 600 feet for collector streets, and 1,200 feet for arterial streets. Provision for a smaller radius shall be subject to the approval of the City Engineer.

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

Driveway widths and spacing shall conform to City Code requirements.

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

Property line radii are to be 20 feet at all street intersections.

The maximum slope adjacent to the back of any public sidewalk shall not exceed 5: 1 for the first 5 feet. For Landscape and Lighting Act district parcels, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed 10: 1.

Turnarounds are required at all dead end streets, except where refuse pickup on lot frontages does not require the refuse collection vehicle to back up.

A barricade and a 2" x 8" rough redwood header shall be provided at dead end streets. As an option, an additional 1- foot of paving beyond the required limits of paving may be installed in lieu of a redwood header.

In conformance with Section 8.24.040 (A) 7 of the Tulare City Code, "Each street intersection shall be as near to a right angle as practicable."
If work by the Developer or his contractors render any existing City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer. Thenceforth, the Developer shall maintain the street in its repaired state for the duration of the development's construction activities.

The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.

Oversize payments will be made in accordance with a separate oversize agreement to be executed after completion of all subdivision improvements. Payment will be as funds are available, not to exceed 10 years from the execution date of the agreement.

UNDERGROUND UTILITY LINES:

All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.160 (B) 3 of the Tulare City Code.

SANITARY SEWERS:

Sanitary sewers shall be installed to City standards.

Sewer laterals shall be installed to the property lines of all lots before the streets are surfaced. Laterals shall be located 8 feet from the centerline of each lot, unless otherwise approved to accommodate driveway approach locations.

All sewer lines shall pass both mandrel and air pressure tests, and shall be subject to video inspection by the City.

The cost of one video inspection of the Development's entire sewer line improvements shall be paid prior to recordation of the final map at the rate established at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.

The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.

STORM DRAINAGE:

The storm drain layout shall be designed to City standards.

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

All gutter runs shall be limited to 1000 feet by installing pipe and storm water inlets.

The minimum fall around curb returns shall be 0.3 foot.

The City shall reimburse the Developer for oversize costs for any facilities designated "masterplan facililities" by the City Engineer, subject to review and approval of costs prior to installation. Oversize payments will be made in 2 accordance with a separate oversize agreement to be executed after completion of all subdivision improvements.

Payment will be as funds are available, not to exceed 10 years from the execution date of the agreement.

FIRE HYDRANTS:

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

EASEMENTS:

Easements will be required for all utilities outside of dedicated rights-of-way. Six-foot Public Utility Easements will be required along all street frontages.

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

WATER SUPPLY:

Water mains shall be installed to City standards.

Water services shall be installed to the property line of all lots before the streets are surfaced. Services shall be located either 8 feet from the centerline of each lot or 2 feet from property line. The minimum horizontal distance between water services and sewer laterals shall be 10 feet.

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

Individual 1" polyethylene water services with meter boxes and meter idlers per City standards shall be installed to all single-family residential lots.

The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.

Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Developer.

STREET NAMES:

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

Street name sign posts shall be installed at each intersection as required by the City Traffic Engineer, and the Developer shall pay for the new street name signs and mounting hardware prior to recordation of the final map, at the rate established at the time of recordation of the final map. Actual installation of the street name signs shall be completed by City personnel at such time that the development reaches a sufficient state of completion.

TRAFFIC SIGNS:

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

PAVEMENT DELINEATION:

The Developer shall install traffic striping, pavement markers, and pavement markings as required by the City Traffic Engineer.

STREET LIGHTS AND ELECTRICAL SERVICE:

The Developer must make provisions for the underground installation of electrical services and street lighting. Highpressure sodium vapor marbelite streetlights will be required at the lumens, spacing and locations determined by the City Traffic Engineer and applicable City standards. The cost of the systems shall be included in the subdivision bonds.

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

PRIVATE IRRIGATION PIPELINES:

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

IRRIGATION CANALS:

Other than Tl D's Main Canal, if any portion of an existing irrigation canal (including ditch banks and maintenance access roads) falls within the development, said ditch shall be piped, relocated, or abandoned and shall be so designated on the plan drawings. The proposed method of piping shall be shown on one of the master plans, if full piping does not occur within the first phase. Alternatively, irrigation canals may be incorporated into a landscaped trail if approved by the City of Tulare and the affected irrigation district. The TID Main Canal can be left open, with the installation of fencing and ~m adjacent 25' alley or multi-use trail, as approved by the City and TIO.

TELEPHONE:

The Developer must make provisions for the installation of underground telephone service.

EXISTING STRUCTURES:

Any existing structures within the subdivision boundary shall be removed.

WELLS:

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

ELEVATIONS:

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

GENERAL CONDITIONS:

All design and construction shall be in accordance with all applicable City Standards, Specifications, Ordinances, and Standard Operating Procedures, unless specifically modified elsewhere in these conditions. These engineering considerations are intended to deal with major issues apparent to this office while reviewing this tentative map.

Nothing in these conditions precludes our office from applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction.

ADDITIONAL REQUIREMENTS:

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

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

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

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

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

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

Prior to constructing any improvement that involves City reimbursements, the Developer shall submit to the City copies of their contractor's bid prices to be reviewed and approved by the City Engineer. If the Developer fails to 4 obtain approval of reimbursable costs before the start of construction, the City reserves the right to reduce the reimbursable cost if deemed excessive by the City Engineer.

Prior to the start of construction, a meeting will be called by the City Engineer with the Developer, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City requirements are met. The Contractor shall perform no construction in the field until after this meeting.

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

Approved By: ...... d-'4 ....... lJ><--=+UA.....,.._ _
~rMikeWhitlock, City Engineer
Date: -~o~'~/_2_4~'~' S~---
Date: O\ /♦7.'-t /I 3 -----~------
5 ATTACHMENT "A"
The engineering considerations checked below shall be made a condition of approval of the subject subdivision.

IZI 1) Roadway design criteria shall be as indicated below. Structural section design shall be based upon the indicated traffic index:

Traffic Sidewalk
Roadway Classification Index Width Sidewalk Configuration a) Mooney Blvd. Per Caltrans Per Caltn 10 ft Multi-use Path b) Seminole Ave. 64' Collector 6.5 5 ft Parkway
c) Prosperity Ave. 122' Principal Arterial 9.5 10 ft Multi-use Path d) Morrison St. 64' Collector 6.5 10 ft Multi-use Path
[S] The Developer shall be responsible for the following minimum Arterial improvements:
[S] Full paveout from lip of gutter to the existing edge of pavement D Reconstruction of the following portions of existing pavement:
[S] Install medians (curbing only) within the following frontages: Mooney Blvd. per Caltrans requirements.

D Provide at least feet of paving on the opposite side of the median D Provide stabilized shoulders on the opposite side of the street in accordance with the City of Tulare's adopted PM-10 control guidelines
[S] Provide a pavement transition from the existing roadway cross-section to the new roadway cross-section, of a width and length as approved by the City Traffic Engineer D Other:
[S] The Developer shall be responsible for the following minimum improvements along existing non-arterial streets adjacent to this development:
[S] Full paveout, from lip of gutter to the existing edge of pavement D Reconstruction of the following portions of existing pavement:

D Rehabilitation of the following portions of existing pavement, by methods approved by the City Engineer
D Other
D 2) A master plan for street layout for the entire development shall be submitted for approval prior to approval of any portion thereof.
1Z1 3) Backing lot treatment shall apply to the following frontages:

Mooney Blvd., Seminole Ave., Morrison St., and Prosperity Ave .. [SJ 4) Waiver of direct access rights as follows:

Mooney Blvd., Seminole Ave, Morrison St., and Prosperity Ave , and Santa Fe Trail. 6 [2J 5) The development shall incorporate the following traffic calming measures:

Curb bulb-outs or raised intersection treatment at two interior intersections at NW and NE corners of School/Park site.
~ 6) The development shall incorporate the following bicycle/pedestrian facilities:

Class 1 Bike Path along Mooney Blvd. Morrison Street and Prosperity Avenue frontages, and Class 1 Bike Path connections to Santa Fe Trail at internal street locations identified as identified on tentative map.

D 7) The development shall incorporate City standard bus turnout(s) at the following location(s):
□ 8) A Transportation Impact Study (TIS) identifying the project impacts and proposed mitigation measures shall be submitted to both the City and the Tulare County Association of Governments (TCAG) for review, and shall be subject to the approval of the City Engineer. The TIS shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements. The TIS shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating the project's impact to existing roadway facilities, the TIS shall utilize the current transportation modeling forecasts provided by TCAG, and shall specifically address the project impacts and any appropriate mitigations to the following facilities:
□
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□
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9) The Developer shall submit a plan for landscaping/street trees and irrigation along streets with backing lot treatment to be approved by the Director of Parks and Community Services. 10) The sanitary sewer alignments shall be 6 feet north and/or east of street centerline, unless other alignments are approved by the City Engineer, or as follows: __ . 11) A master plan for sanitary sewer for the entire development shall be submitted for approval prior to approval of any portion of the system.
12) A master plan for storm drainage for the entire development shall be submitted for approval prior to approval of any portion of the system.
13) The storm drain alignments shall be 11 feet south and/or west of centerline unless other alignments are approved by the City Engineer, or as follows: __ .
14) The water main alignments shall be 6 feet south and/or west of street centerline, unless other alignments are approved by the City Engineer, or as follows: __ . 15) A master plan for water for the entire development shall be submitted for approval prior to approval of any portion of the system.
16) Individual water services (1 ½" minimum) with meter boxes shall be installed to all R-M-2 lots. 17) A water sampling station shall be installed as follows: One location to be determined by City Water · Supe·Pintendent.
18) Miscellaneous Comments:
a) A roundabout is required to be constructed at the intersection of Seminole Avenue and Morrison Street. The exact design, approach radii. and dimensions will be subject to engineering review during the design review period.
7 Morrison Street shall be improved to a minimum of 30 feet of paving width for the entire length of Morrison, from Prosperity to Tulare Avenue (State Hwy 137) at the time of the first street connection to Morrison Street (Phases 4, 4 6 or 81 whichever occurs first). The portion of Morrison Street adjacent to the project shall include full reconstruction of the existing roadway. The portion south of the project shall include widening, and depending on the condition of the roadway, could also include an overlay and/or repairs to damaged sections at the discretion of the City Engineer.

Developer shall provide a minimum of 30 feet of asphalt paving width along Seminole Avenue, plus room for a 5 foot drainage swale on the undeveloped side (47' minimum right-of-way). d) In accordance with the findings of the Traffic Impact Study prepared for this development, the following improvements shall be required to mitigate traffic impacts:
a. Installation of a 5-phase traffic signal with highway lighting at the intersection of Seminole Avenue and Mooney Blvd (SR 63) shall be required with Phase 2 or development of the proposed elementary school, whichever occurs first,
b. At Phase 4, the Developer shall have traffic signal warrant studies prepared for the intersections of Morrison Street/Tulare Avenue and Morrison Street/Prosperity Avenue, and shall submit them to the City Engineer for approval.
8 ATTACHMENT "B"
The Developer shall pay to the City at the time of approval of the final map all applicable fees, including, but not limited to, those checked below:

Benefit Districts
~ 1) Sewer front foot charges: $ 25.00 per front foot for frontages on Mooney Blvd.

D 2) Sewer Lift Station Fee of$ __ per acre.
~ 3) Water front foot charges: $ 17.50 per front foot for frontages on Mooney Blvd. and 1,175' of Seminole Ave.

D 4) Street front foot charges:$ __ per front foot for frontages on __ .

D 5) Benefit District Creation Fee (if applicable):$ 510.00 per district.

D 6) Other:

Special In-Lieu Fees
□ 6) Traffic Signals Fee: $ __ .
□ 7) TIO Ditch Piping Fee:$ __ .
□ 8) Sewer Main Fee: $
□ 9) Water Main Fee: $
--
□ 10) Street Fee: $ __ .
□ 11) Other Fees: $ __ .

Plan Check, Inspection, and Impact Fees
~ 12) Engineering Inspection Fee to be based on a percentage of the estimated cost of construction. ~ 13) Development Impact Fees to be paid with Building Permit. ~ 14) Engineering Plan Review Fee to be paid at time of submittal. ~ 15) Final Map Plan Check Fee to be paid at time of submittal.

All fees shall be based on the current fee schedule in effect at the time of recordation of the final map. 9 TULARE FmE DEPARTMENT
FmE PREVENTION BUREAU
SITE ADDRESS: Mooney Blvd. & Seminole Ave.

DBA: KCOK Partners
OWNER: KCOK Partners
DATE: December 12, 2012
ARCIIlTECT/ENGINEER: J.W. Robinson Consulting Services
PLAN CORRECTION COlvfMENTS
The Fire Prevention Bureau conveys the following comments regarding Tentative Subdivision Map Revised KCOK Ranch:
1) An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. CFC Sec. 507.1
2) Unobstructed access to fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. CFC Sec. 507.5.4 3) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet exclusive of shoulders, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. CFC Sec. 503 .2.1
4) Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. CFC 503.2.5 Shelli Vinson
Fire Inspector III

INTEROFFICE MEMORANDUM
Parks Department Joel Hooyer, Landscape Contract Coordinator TO: Planning and Building Division
FROM: Parks Division
SUBJECT: Revised KCOK
LOCATION: NE Mooney & Seminole
DATE: January 23, 2013
Thank you for this opportunity to review the KCOK subdivision's tentative map.

The Parks, Library & RecreatlOn Department Is pleased to see the Park, School and the access to the Santa Fe Trail Incorporated into the overall design.

The size of the subdivision and number of homes wlll require the dedication and development of approximately 2.5 acres of neighborhood parkland which will be maintained by the landscape malnt.enance district. The neighborhood park should be readily accessible from ail parts of the development and have homes facing It, rather than backing on to the park. It Is possible to Incorporate some of the subdivision's storm drainage needs Into the overall patk design. Developer Is to work with the City of Tulare's Park, library & Recreation Department on the design of the Park, landscape Maintenance District, Santa Fe Trail access and Santa Fe Trail wall landscaping.

Developer or developer's representative is welcome to call me at #559-358-5194 oremail me a [email protected]!are.ca,us for questions or clarification. · Developer Is to work with cantomla Department of Transportation for the landscaping requirements and approval for Highway 63/mooney Blvd. frontage.

This development shall incorporate and adhere to the Qty of Tulare, CA. Code of Ordinances, Chapter 10.196, and the City of Tulare Partcs, Ubrary & Recreation Dept.

Landscape Standards in all of the plans.

With a few minor modlflcations 1D accommodate the redesign, the following comments made on the subdivision's fltst submittal still apply:
1) We appreciate the subdivision's design Incorporating the Santa Fe Trail as a major amenity and providing access 1D It. To make a smooth and attractive transition from subdivision to trail, the developer will need to provide 6' sidewalks, grass and trees In the access walkways to the Santa Fe Trail (Inside the block wall) and a 10' hard surfaced path, either asphalt of concrete, outside the block wall, to meet the existing trail. i
i !.:
2) Because the Santa Fe Trail is not lit from Mooney eastward, for the safety of subdivision residents, the developer will need to work with the City Traffic Engineer of the placement of walkway lights in the access areas. (These lights must avoid light spill onto the adjacent houses) The City will continue to apply for grants as they become available to provide trall llghtfng Uke on the west slde of Mooney, but the tlmellne for installation Is unknown.
3) Secause the northerly subdivision wall can be anticipated to become a target for taggers, the wall should be set back 5' from north property line and dense shrubs planted on approximately 4' centers with individual bubblers. Landscape and Irrigation for the northerly subdivlsion/5anta Fe Trail wall shall be part of the subdivision landscaping as this is to be part of and maintained under the landscape maintenance district for this development ·
4) The part of the Santa Fe Trail that Is Immediately east of Mooney Blvd. And north of the proposed subdivision wall is drained by sheet flow Into a drainage swale running east and west. At certain times of the year, the swale Is flooded. If the subdivider would like to eliminate this situation for the benefit of their residents, we would be in favor of the installation of a drainage pipe to conduct the collected water Into the subdivision's storm drainage system.
5) Provide detailed improvement plans for the landscaping, irrigation, and 10' wide Oass I blkeway to be built along the Morrison front.age. That bikeway will need to connect to a 10' sidewalk along the Prosperity frontage and provide a smooth connection to the end of the existing Santa Fe Trail.
6) Provide detailed Improvement plans for the landscaping, Irrigation, and sidewalk treabnent _of Prosperity, Seminole, Mooney frontages and any other landscaped areas that will be maintained by the landscape maintenance district Maintenance of all such common areas Is to be lnduded in a landscape maintenance district. 7) Work with the Parks, Ubrary & Recreation Department to establish a street tree pattern within the subdivision. Individual street trees are to be Installed at the time of surrounding improvements with 8' of linear root barrier on 2 sides of the tree (at back of walk and back of curb) Following a establishment period, street trees will be maintained a part of the landscape maintenance district
If there are questions regarding the above requirement or how they impact the project, please call Joel Hooyer at 559-358-5194 or the Qty Part<s, Library & Recreation Department office at 684-4310. A complete copy of the City's landscape standards may be viewed on-line at:
htto;//www.ci,tvlare,ca.us/muoicioalcodes mtle 101196/index.html

Tulare City CouncilMay 17, 2022

Tulare City Council
May 17, 2022