Agenda packet — Tulare City Council, June 7, 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, June 7, 2022
6:00 p.m. – Closed Session
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

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

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

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

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

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

Agri-Center of the World
Mayor
Dennis A. Mederos, District 4
Vice Mayor
Terry A. Sayre, District 2
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Patrick Isherwood, District 5
City Council Agenda June 7, 2022
City of Tulare Page 2
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 FOR DISCUSSION OF THE FOLLOWING:

1. Conference with Labor Negotiators pursuant to Government Code § 54957.6 Designated Representatives: Mario Zamora, Marc Mondell, Josh McDonnell, Janice Avila, Diego Ibanez
Employee Organization: TPOU

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code § 54956.9(b): 1 case Name of Case: Bradley, Daniel vs. City of Tulare
Worker’s Compensation Case FR210013 and FR200640

3. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 1 case

4. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 7 cases IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER REGULAR MEETING – 7:00 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Proclamation in honor of Dairy Month, June 2022.

2. Proclamation in honor of LGBTQ Pride Month, June 2022.

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

City Council Agenda June 7, 2022
City of Tulare Page 3
XI. 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.

XII. 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 May 17, 2022, regular meeting. [Submitted by: M. Hermann]

3. Adopt Ordinance 2022-06 amending the zoning map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 746. [Submitted by: S. Sopp]

4. Adopt Ordinance 2022-07 amending Title 7, Health and Sanitation, of the Municipal Code to add Chapter 7.17 Mandatory Recycling and Organic Waste Disposal Reduction. [Submitted: A. Bettencourt]

Hermann]

6. Reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term. [Submitted by: M. Hermann]

Thompson]

19. Approve the final map for Phase 5 of the Willow Glen subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller]

20. Approve the cancellation of the regular meeting of July 5, 2022.

XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) City Council Agenda June 7, 2022
City of Tulare Page 5
XIV. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Consideration and possible approval of an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481. [Submitted by: M. Zamora]
XV. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Review and provide direction on the proposed 2022/2023 general fund budget and set the public hearing to adopt said budget on June 21, 2022. [Submitted by: D. Thompson]

2. Discussion and possible adoption of a resolution submitting a proposed cannabis tax to voters and number of retail locations. [Submitted by: M. Zamora]

4. Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program. [Submitted by: M. Mondell]

5. Update and discussion regarding maintenance of vacant lots. [Submitted by: M. Ott]

6. Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement. [Submitted by: T. Myers]
XVI. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) XVII. 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 Friday, June 3, 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: June 7, 2022 Agenda Memo
Date: June 3, 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 FOR DISCUSSION OF THE FOLLOWING:

3. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 1 case

Tulare City Council Page 2
Agenda Memo – June 7, 2022
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Proclamation in honor of Dairy Month, June 2022.

2. Proclamation in honor of LGBTQ Pride Month, June 2022.

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

XI. COMMUNICATIONS - [Time Estimate: 7:35-7:40 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.

XII. CONSENT CALENDAR - [Time Estimate: 7:40-7:50 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 May 17, 2022, regular meeting. [Submitted by: M.

Hermann] The minutes of the May 17, 2022, regular meeting are submitted for Council approval. Staff recommends Council approve as presented.

3. Adopt Ordinance 2022-06 amending the zoning map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 746. [Submitted by: S. Sopp] On May 17, 2022, Council passed to print Ordinance 2022-06 amending the zoning map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 746. Staff recommends Council adopt Ordinance 2022-06.

4. Adopt Ordinance 2022-07 amending Title 7, Health and Sanitation, of the Municipal Code to add Chapter 7.17 Mandatory Recycling and Organic Waste Disposal Reduction. [Submitted: A. Bettencourt] On May 17, 2022, Council passed to print Ordinance 2022-07 amending Title 7, Health and Sanitation, of the Municipal Tulare City Council Page 3
Agenda Memo – June 7, 2022
Code to add Chapter 7.17 Mandatory Recycling and Organic Waste Disposal Reduction. Staff recommends Council adopt Ordinance 2022-07.

5. Adopt a resolution calling the General Municipal Election, requesting and consenting to consolidation of elections, setting specifications of the election order, and requesting the Tulare County Board of Supervisors permit the County Registrar of Voters to render specified services to the City relating to the conduct of the election. [Submitted by: M. Hermann] Attached is a resolution calling a General Municipal Election for two Council Member seats on November 8, 2022, requesting the services of the Tulare County Registrar of Voters, and requesting consolidation of the General Municipal Election with any other election called for this jurisdiction for this date.

The following Council seats are up for election this year for full terms (four years, November 2022-2026): District 2, held by Vice Mayor Terry A. Sayre; and District 4, held by Mayor Dennis A. Mederos. There are no term limits established for Council Members for the City of Tulare; therefore, both are eligible to seek reelection on the November 8, 2022, ballot.

FISCAL IMPACT: The estimated cost of the November 2022 election is $45,295.50- $90,591, as provided by the County Registrar of Voters. Staff recommends Council adopt a resolution calling the General Municipal Election, requesting and consenting to consolidation of elections, setting specifications of the election order, and requesting the Tulare County Board of Supervisors permit the County Registrar of Voters to render specified services to the City relating to the conduct of the election.

6. Reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term. [Submitted by: M. Hermann] Health and Safety Code 2021(b) outlines the process for the appointment of trustees to a Mosquito Abatement District as follows: “In the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory, the board of supervisors may appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district may appoint one person to the board of trustees. If those appointments result in a board of trustees with less than five trustees, the board of supervisors shall appoint enough additional persons to make a board of trustees of five members.” The Tulare Mosquito Abatement District has one trustee from the City of Tulare, one trustee from the City of Visalia, and three trustees plus a non-profit voting member from the County of Tulare. Trustees serve either two or four-year terms.

Patrick Nunes was first appointed as a trustee to the Tulare Mosquito Abatement District by the Tulare City Council since December 2006. Mr. Nunes has expressed his willingness to continue to serve on this board for the District. His business background along with community involvement gives him a keen sense of the fiscal and operational constraints of the District and his skill sets make more than capable of providing oversight for the District’s mosquito control services provided by the District for the City Tulare City Council Page 4
Agenda Memo – June 7, 2022
of Tulare. The District supports this consideration. Staff recommends Council reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term.

7. Adopt a resolution of intent to receive the draft report of Tulare Downtown Association Board of Directors, and set June 21, 2022, as the public hearing date regarding annual assessments for the Parking and Business Improvement Area. [Submitted by: D. Thompson] City Municipal Code Section 8.48.080 requires the Advisory Board for the Parking and Business Improvement Area of the City to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report. The Tulare Downtown Association (TDA) Board of Directors serves as the Advisory Board of the district and administers the program. The report may propose changes, including, but not limited to, the boundaries of the Parking and Business Improvement Area or any benefit zones within the Area, the basis and method of levying the assessments, and any changes in the classification of business, if a classification is used.

Once the report is filed with the Clerk, the Council may approve the report as filed or may modify any portion contained therein and approve it as modified. The Council shall not approve a change in the basis and method of levying assessments which would impair an authorized or executed contract to be paid from the revenues derived from the levy assessments. After the approve of the report, the Council shall adopt a resolution of intent to levy an annual assessment for that fiscal year.

The report and resolution of intent to levy assessments are the first steps in this annual process. A TDA Board Member will review the report in detail during the public hearing scheduled for June 21, 2022. The only action required at the June 7 meeting is adoption of the resolution receiving the draft report, declaring the intent to levy assessments, and setting the June 21, 2022, public hearing date. Staff recommends Council adopt a resolution of intent to receive the draft report of Tulare Downtown Association Board of Directors, and set June 21, 2022, as the public hearing date regarding annual assessments for the Parking and Business Improvement Area.

8. Receive a list of proposed projects to be funded through Senate Bill No. 1 (SB 1) revenues; and adopt a resolution which includes the 2022/23 Road Maintenance and Rehabilitation Account (RMRA) funds in the City’s 2022/23 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those funds. [Submitted by: N. Bartsch] Senate Bill No. 1 (SB 1) was approved by the Governor on April 28, 2017 and filed with the Secretary of State on April 28, 2017. This bill created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state’s highway system as well as local street and road systems. Funds generated include the Road Maintenance and Rehabilitation Account (RMRA), which resides in the State Transportation Fund.

The California Transportation Commission (CTC) formally adopted the SB 1 Local Streets and Roads (LSR) Annual Reporting Guidelines on August 16, 2017. The guidelines outline the process for cities and counties to annually submit their project lists and expenditure reports to the CTC to establish eligibility for receiving SB 1 funds. At its Tulare City Council Page 5
Agenda Memo – June 7, 2022
March 21-22, 2018 meeting, the CTC adopted updated reporting guidelines, requiring that this list be submitted annually, no later than May 1. Due to the COVID-19 pandemic, the deadline was extended this year to July 1, 2021.

These revenues were programed into the approved 2021/26 Capital Improvements Project program. The approval of the project list is intended to secure the City’s allocation of SB 1 funding and does not preclude the City from modifying the list. Actual expenditures will be tracked and reported according to the SB 1 reporting guidelines.

Staff recommends Council receive a list of proposed projects to be funded through Senate Bill No. 1 (SB 1) revenues; and adopt a resolution which includes the 2022/23 Road Maintenance and Rehabilitation Account (RMRA) funds in the City’s 2022/23 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those funds.

9. Approve and authorize the City Manager to sign a contract amendment in the amount of $8,000 with Lane Engineers for additional surveying and construction staking services related to City Project EN0090 – Sequoia-Spruce Tracts Improvements, a street and utility improvement project on Spruce St., Sierra Ave., Sequoia Ave., Dayton St., and Kern Ave; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [Submitted: N. Bartsch] Capital Improvement Project EN0090 addresses street and utility improvements on: Spruce Street between Bardsley Avenue and Tulare Avenue (SR137); Sierra Avenue between SR99 and Canby Street; Sierra Avenue/Sequoia Avenue Alley between SR99 and Spruce Street; Sequoia Avenue between Dayton Street and Spruce Street; Sequoia Avenue/Kern Avenue Alley between Dayton Street and Spruce Street; Kern Avenue between Dayton Street and Spruce Street. The project has reconstructed the street section and included ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fell within the project limits. Additionally, it has addressed necessary water, sewer and storm drain improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project was included and approved as a part of the City’s 2019-2024 transportation and utility CIP program budget. The project is now in the final stages of construction.

On March 16, 2021 the City Council approved a contract with Lane Engineers in the amount of $109,400 for construction surveying services on the subject project. This work has been performed on a time and material basis in accordance with their on-call construction surveying consultant agreement. Through the course of construction, additional staking and surveying services were required to accommodate changes in the design along with actual means and methods of construction that varied from what was originally anticipated. This resulted in additional site visits to stake individual items, creating unanticipated inefficiencies. Therefore, additional time and effort was required.

Lane Engineers has worked closely with City Staff to minimize the additional work required. However, even after working within the pre-authorized contingency amount ($10,940) approved by City Council at the time of contract award, they have estimated the need for up to an additional $8,000 to complete the staking necessary on the Tulare City Council Page 6
Agenda Memo – June 7, 2022
project, along with the effort required to file the remaining street monument corner records with the County upon completion.

The original project budget anticipated higher costs for construction surveying services than what Lane Engineers originally proposed, and subsequently, the amended contract amount is still within the typical cost seen for these services on the City’s past projects.

Additionally, with other cost savings experienced on this project, there is adequate funding available within the current project budget to cover the proposed amendments.

Therefore, no additional funding is required. Staff recommends Council approve and authorize the City Manager to sign a contract amendment in the amount of $8,000 with Lane Engineers for additional surveying and construction staking services related to City Project EN0090 – Sequoia-Spruce Tracts Improvements, a street and utility improvement project on Spruce St., Sierra Ave., Sequoia Ave., Dayton St., and Kern Ave; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount.

10. Approve a list of pre-qualified consultants for On-Call Architectural and Landscape Architectural Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with 4 Creeks of Visalia, CA; RRM Design Group of San Luis Obispo, CA; and Design Lab 252 of Fresno, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions. [Submitted by: N. Bartsch] Due to the volume of Capital Improvement Projects (CIP), the City is seeking assistance with architecture and landscape architecture services to supplement and complement City Staff on an as needed basis. On-Call consultants have been, and will be, utilized to supplement City Staff in the design of major and minor capital projects and in cases where technical expertise is needed to efficiently keep projects moving forward. The work assignments to be performed under the contract may include, but are not limited to, design, estimating, bidding and construction support services for municipal building construction and rehabilitation, landscape architecture, bike path and trail design, and other municipal capital improvement projects. Therefore, the Engineering Services Department is establishing a short list of pre-qualified firms to provide architecture and landscape architecture consulting services such as:
• Archaeology / Architectural History / Paleontology
• Architectural Design and Drafting
• Building Commissioning (LEED)
• Certified Access Specialist (CASP) Certification
• Cost Estimating
• Electrical Engineering
• Environmental Planning Services
• Industrial Hygiene, Hazardous Material, Lead and Asbestos Compliance • Landscape Architecture
• Plumbing and Mechanical Engineering
Tulare City Council Page 7
Agenda Memo – June 7, 2022
On April 5, 2022, a Request for Qualifications (RFQ) #22-753 for Architectural and Landscape Architectural Consulting Services was issued. Three (3) firms submitted all the necessary information prior to the deadline noted in the RFQ.

Based upon the procedures identified in the City’s adopted Purchasing Policy 15-04 and the requirements of the California Government Code, Chapter 10, Section 4526 for the selection of professional service contracts, the proposals were reviewed and rated in accordance with the consultant selection procedures identified in the RFQ. Consultant proposals were evaluated based upon their demonstrated competence, knowledge of local conditions, past performance, and their professional qualifications necessary for the performance of the services required.

Because of the expected volume of projects and variety of areas of required expertise, all three (3) firms are recommended for inclusion on the list of prequalified Architectural and Landscape Architectural consultants. Each firms’ proposed rate schedule has been confirmed to be fair and reasonable, relative to industry standards. The recommended firms, based upon their respective qualifications, were identified as follows:
1) RRM Design Group of San Luis Obispo, CA
2) 4 Creeks of Visalia, CA
3) Design Lab 252 of Fresno, CA
It is proposed that the City enter into contract agreements for on-call services with these firms for a period of two (2) years, with options for up to three (3) consecutive 1-year extensions upon satisfactory performance. Hourly rates and conditions are agreed upon up front, then as specific scopes of work are developed for each project, cost proposals will be submitted for review and approval. Authorized expenditures under the contracts shall not exceed the amount authorized under the City Council’s adopted purchasing policy, and shall be approved by the City Manager or designee in accordance with the approved budgets for the individual projects. Staff recommends Council approve a list of pre-qualified consultants for On-Call Architectural and Landscape Architectural Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with 4 Creeks of Visalia, CA; RRM Design Group of San Luis Obispo, CA; and Design Lab 252 of Fresno, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions.

11. Approve the Quitclaim Deed for a storm drain detention facility easement located on property west of Retherford Street and south of the Corvina Avenue alignment to Quest Equity, LLC.; and authorize the City Manager to sign the respective Certificate of Conveyance. [Submitted by: M. Miller] In conjunction with development of the Tulare Outlet Mall in 1995, Martin & Martin Properties, LP provided an easement to the City for the purposes of locating a storm drain detention basin and storm drain lines for the conveyance of storm water on their property. In 2005, the City of Tulare entered into an agreement with Martin & Martin Properties, LP regarding the sale of property to the owners of the Tulare Outlet Mall to facilitate its future expansion. Per the terms of that agreement, the City acknowledged that the existing storm water detention Tulare City Council Page 8
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basin on the property would need to be relocated to facilitate the sale and subsequent development of the property. The agreement further recognized the benefit to the City of the continued regional commercial development of the property, and committed the City to relocating the existing storm drain detention basin. Following the relocation, the City was to issue a quitclaim deed to Martin & Martin Properties, LP, or a successor owner for those portions of the easement that were no longer required.

In 2008, the City commenced construction of the basin relocation project, which saw a new basin constructed along the east side of Hwy 99 across from Blain Park. A Notice of Completion for the project was approved by Council on June 17, 2008, however, no subsequent action was taken by the City to issue a quitclaim deed for the storm water detention facility easement per the conditions of the agreement with Martin & Martin Properties, LP.

Quest Equity, LLC is the current owner of the underlying property affected by the storm drain detention facility easement that should have been subject to quitclaim by the City following relocation of the detention basin. Per the terms of the 2005 agreement between the City and Martin & Martin, LP, the City is obligated to fulfill its commitment to quitclaim that portion of the easement that is no longer necessary. Copies of the following items are attached for reference:

1. 1995 Grant of Easement to the City from Martin & Martin Properties, LP

2. 2005 Agreement between the City and Martin & Martin Properties, LP

3. Quitclaim Deed for subject property

4. Certificate of Conveyance for Quitclaim Deed
Staff recommends Council approve the Quitclaim Deed for a storm drain detention facility easement located on property west of Retherford Street and south of the Corvina Avenue alignment to Quest Equity, LLC.; and authorize the City Manager to sign the respective Certificate of Conveyance.

12. Adopt a resolution initiating proceedings for the formation of Assessment District 2022-01 for the Fernjo Estates subdivision and setting June 21, 2022, as the date for the public hearing to consider the formation of same. [Submitted by: M. Miller] The Owners and Developers of the approved Fernjo Estates tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located on the east side of Mooney Boulevard south of Clover Meadow Avenue approximately ¼ mile south of Bardsley Avenue. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries, • supplemental maintenance of local streets within the district boundaries, and • maintenance and regulatory compliance measures associated with the storm drainage basin serving the area within the district boundaries.

A public hearing is required and is requested to be set for June 21, 2022. Adoption of the attached resolution is the initial step in the formation of the assessment district.

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Agenda Memo – June 7, 2022
Staff recommends Council adopt a resolution initiating proceedings for the formation of Assessment District 2022-01 for the Fernjo Estates subdivision and setting June 21, 2022, as the date for the public hearing to consider the formation of same.

13. Approve four (4) Grant Deeds to the State of California for City-owned property required for the construction of a new interchange on Highway 99 at International AgriCenter Way, and authorize the City Manager or his designee to sign a Certificates of Conveyance for the same. [Submitted by: M. Miller] On May 3, 2011, City Council accepted an Irrevocable Offer of Dedication By Gift of Real Property from Mr. Manuel Faria and Mrs. Dollie Faria for property to be used for the construction of a new freeway interchange on Highway 99 at the International Agri-Center Way alignment (formerly, Commercial Avenue). The real property dedicated consisted of approximately

30.34 acres. Caltrans, acting as the lead agency on the International Agri-Center Way Interchange Project, is currently in the process of finalizing the property acquisition needed to construct the project. The attached Grant Deeds would convey the City property required for the project to the State of California.

Copies of the grant deed and the certificate of acceptance are attached. Staff recommends Council approve four (4) Grant Deeds to the State of California for City-owned property required for the construction of a new interchange on Highway 99 at International AgriCenter Way, and authorize the City Manager or his designee to sign a Certificates of Conveyance for the same.

14. Approve the final map and subdivision improvement agreement for Phase 1 of the Liberty Hill Subdivision for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] Planning Commission Resolution No. 5288 adopted on August 13, 2018 approved the tentative subdivision map for the Liberty Hill Subdivision located on the northwest corner of Bardsley Avenue and West Street. The 384-lot single family residential subdivision comprises approximately 79.5 acres to be constructed in 3 phases.

A copy of the Planning Commission Resolution No. 5288, the subdivision improvement agreement, and the final map are attached for reference. Staff recommends Council approve the final map and subdivision improvement agreement for Phase 1 of the Liberty Hill Subdivision for recordation, and accept all easements and dedications offered to the City.

15. Accept a grant of easement from Hwy 65, LLC, a California Limited Liability Company for public utility purposes associated with the International Agri-Center Way Interchange Project, and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M. Miller] As part of the International Agri-Center Way Interchange Project on Highway 99, approximately 820 feet of the existing International Agri-Center Way (formally known as Commercial Avenue) will be widened to its ultimate configuration. The widening requires the acquisition of additional right-of-way along International Agri-Center Way, and the reestablishment of public utility easements located behind said right-of-way.

Tulare City Council Page 10
Agenda Memo – June 7, 2022
The grant of easement for the re-establishment of the public utility easement along property owned by Hwy 65, LLC on International Agri-Center Way, and the corresponding Certificate of Acceptance are attached for reference. Staff recommends Council accept a grant of easement from Hwy 65, LLC, a California Limited Liability Company for public utility purposes associated with the International Agri-Center Way Interchange Project, and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.

16. Adopt resolution for the summary vacation (“abandonment”) of a temporary access easement associated with Phases 3 and 4 of the Kensington Estates subdivision per Section 8330 (a) of the California Streets and Highway Code. [Submitted by: M. Miller] In conjunction with the development of the Willow Glen and Kensington Estate subdivisions located on the northwest corner of Mooney Boulevard and Cartmill Avenue, the City of Tulare constructed a new municipal well and water storage tank. Construction began on the well and water storage tank prior to the development of Phases 3 and 4 of the Kensington Estates subdivision. Since right-ofway dedications had not yet taken place for the public streets within those phases, a temporary access easement was required to allow for the City’s construction and maintenance of the well and water storage tank. Following the recordation of the final map of Kensington Estates Phase 3 with street dedications and subsequent improvements, access to the well and storage tank is now provided by Dorset Street and Greyhound Avenue, making the existing access easement unnecessary.

Section 8330 (a) of the California Streets and Highway Code provides for a simpler form of abandonment, called “summary vacation”, if the following condition is met:
1) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.

The temporary access easement is no longer needed, with access to the well and water storage tank now provided via Dorset Street and Greyhound Avenue. This effectively meets the requirements for summary vacation of the easement.

The resolution for the summary vacation and associated legal description are attached.

Staff recommends Council adopt resolution for the summary vacation (“abandonment”) of a temporary access easement associated with Phases 3 and 4 of the Kensington Estates subdivision per Section 8330 (a) of the California Streets and Highway Code.

17. Approve a short-term deferred improvement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Liability Company, allowing the construction of the Pacific Avenue frontage improvements for Phases 4 and 5 of the Willow Glen subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 5 of the Willow Glen subdivision, whichever occurs first. [Submitted by: M. Miller] Presidio JJR Cypress Park 155, LLC is the Subdivider of Phases 4 and 5 of the Willow Glen subdivision, which is located along the south side of Pacific Avenue west of Mooney Boulevard. These subdivision phases consist of 45 and 57 single-family Tulare City Council Page 11
Agenda Memo – June 7, 2022
residential lots respectively. Phase 4 is currently under construction, and the Subdivider is seeking to record the final map and proceed with development of Phase 5.

As a condition of Planning Commission Resolution No. 5192, the Subdivider is required to construct Pacific Avenue frontage improvements that include: landscaping lot improvements, block wall, sidewalk, curb and gutter, street lights, pave out, and undergrounding of overhead utilities (see attached exhibit).

The Subdivider has completed all required public improvements for Phase 4 of the Willow Glen subdivision, with the exception of its Pacific Avenue frontage improvements. Completion of these improvements has been delayed by Southern California Edison’s design and easement acquisition process. SCE easements are required from property owners on the north side of Pacific Avenue to support the undergrounding of utilities. As previously indicated, the Subdivider is wanting to proceed with recordation of the final map for Phase 5 and to commence its development. However, there is a provision in the City’s standard subdivision improvement agreement for Phase 4 that does not allow for the issuance of building permits in a subsequent phase until a Notice of Completion has been approved for Phase 4. As a result, the delays in completion of the Pacific Avenue frontage improvements for Phase 4 are preventing the Subdivider from moving forward with the development of Phase 5.

The Subdivider is requesting to enter into a short-term deferred improvement agreement with the City for the Pacific Avenue frontage improvements associated with both Phases 4 and 5 of the Willow Glen subdivision. By securing these improvements through a separate agreement, the requirements of the Phase 4 subdivision improvement agreement could be deemed as met, and a Notice of Completion could be approved for Phase 4. This would allow the Subdivider to move forward with development of Phase 5, while still providing the City with the necessary assurances that required Pacific Avenue frontage improvements will be completed. The term of the proposed short-term deferred improvement agreement for the installation of the Pacific Avenue improvements would be a maximum of two (2) years, or prior to the City’s acceptance of required public improvements for Phase 5 of the Willow Glen subdivision, whichever comes first. Presidio JJR Cypress Park 155, LLC will be required to provide the City with a performance bond or other acceptable security equal to 110% of the proposed improvement cost (total improvement cost plus 5% for each year the improvements can be deferred).

Copies of the proposed short-term deferred improvement agreement, Planning Commission Resolution No. 5192, and exhibits showing the location of the subdivision phases are attached for reference. Staff recommends Council approve a short-term deferred improvement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Liability Company, allowing the construction of the Pacific Avenue frontage improvements for Phases 4 and 5 of the Willow Glen subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 5 of the Willow Glen subdivision, whichever occurs first.

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18. Final acceptance of public works improvements for Phase 4 of the Willow Glen subdivision, located along the south side of Pacific Avenue west of Mooney Boulevard, as complete. [Submitted by: M. Miller] On August 17, 2021, City Council conditionally approved the final map for Phase 4 of the Willow Glen subdivision, which created 45 single-family residential lots, as shown on the attached exhibit. The overall Willow Glen subdivision comprises approximately 134 acres consisting of a combination of single-family and multi-family residential lots. The subdivision is being developed in phases.

The Subdivider, Presidio JJR Brighton 115, LLC, has completed construction of all required public works improvements in accordance with the approved plans and specifications for this subdivision, with the exception of the undergrounding of overhead utilities and frontage improvements along the project’s Pacific Avenue frontage. The Subdivider has requested that the Pacific Avenue improvements be secured through a short-term deferred improvement agreement, which is the subject of an earlier agenda item to be considered by Council. Completion of the Pacific Avenue improvements has been delayed by Southern California Edison’s design process, and need to acquire easements from property owners located on the north side of Pacific Avenue for related facilities. The proposed short-term deferred improvement agreement also includes required Pacific Avenue improvements along the frontage of Phase 5 of the Willow Glen subdivision (thereby encompassing the entirety of the Willow Glen subdivision frontage), and median improvements at the intersection of Pacific Avenue and Mooney Boulevard required by Caltrans.

An exhibit showing the location of the subdivision is attached for reference. Staff recommends Council accept the required public works improvements for Phase 4 of the Willow Glen subdivision located along the south side of Pacific Avenue west of Mooney Boulevard Street as complete, authorize the City Engineer to sign a Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

19. Approve the final map for Phase 5 of the Willow Glen 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. 5192 adopted on September 12, 2016, approved the tentative map for the Willow Glen subdivision located at the northwest corner of Mooney Boulevard (State Route 63) and Cartmill Avenue. The overall subdivision comprises approximately 134 acres consisting of a combination of single family and multi-family residential lots. The proposed subdivision is being developed in phases.

Phase 5 of Willow Glen subdivision consists of 57 single-family residential lots and two landscape and lighting district lots. The Subdivider is actively working to complete the final map. To expedite the final map approval process, the Subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60-days. Such requests have routinely been accommodated.

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Copies of Planning Commission Resolution No. 5192, a map exhibit, and the subdivision improvement agreement are attached. Staff recommends Council approve the final map for Phase 5 of the Willow Glen subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

20. Approve the cancellation of the regular meeting of July 5, 2022. Staff requests Council consider and approve the cancellation of the July 5, 2022, regular meeting due to being the day after a City observed holiday. Staff recommends Council approve the cancellation of the regular meeting of July 5, 2022.

XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(3) [Time Estimate:
7:50-8:00 p.m.]
XIV. PUBLIC HEARINGS - [Time Estimate: 8:00-8:15 p.m.] Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Consideration and possible approval of an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481. [Submitted by: M. Zamora] AB 481 requires an ordinance to adopt the Tulare City Police Department Manual regarding use and inventory of military equipment. Staff has determined that in order to be in compliance with AB 481, it will adopt the Tulare City Police Department policy to include all descriptions, quantities, training, and use of military equipment currently in possession and for future acquisitions of military equipment.

AB 481 requires law enforcement to seek approval for continued use of any military equipment that was acquired prior to January 1, 2022. Therefore, staff has listed and provided all equipment in possession of the Tulare City Police Department and will amend the policy to include all pertinent information regarding the use of military equipment.

This ordinance must be adopted as the Tulare City Police Department will continue to protect the preservation of the public peace, health and safety as needed with said equipment.

This ordinance requires 3/5 votes to be approved as ordinance. If approved, goes into effect 30 days after approval. The adopted policy must be posted on the City website so long as military equipment is used by the Police Department. Staff recommends Council pass to print an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481.

XV. GENERAL BUSINESS – [Time Estimate: 8:15-10:00 p.m.] Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Review and provide direction on the proposed 2022/2023 general fund budget and set the public hearing to adopt said budget on June 21, 2022. [Submitted by: D.

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Agenda Memo – June 7, 2022
Thompson] At the May 17, 2022, Council meeting, staff presented a proposed general fund budget for review and direction. The proposed budget showed the following:

Following the meeting, staff staff updated the proposed budget to include the personnel requests that were presented to Council which resulted in the following change:

Staff recommends Council provide direction on the budget and set the public hearing to adopt the final budget on June 21, 2022.

2. Discussion and possible adoption of a resolution 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 retailers, and plan for any additional development, it is recommended that a general tax be imposed on the cannabis industry have a general tax imposed against it within the City.

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 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 Tulare City Council Page 15
Agenda Memo – June 7, 2022
needed and may change with market conditions, but cannot exceed the maximum rates stated in the ordinance. However, the market rates are well below those rates and will be established at a later date if the tax is approved. Staff recommends Council approve the attached resolution to place the tax on the November 8, 2022, general election for approval by the residents.

3. Approve a contract amendment with 4 Creeks in the amount of $253,247 for engineering and architectural services needed to complete the design, bidding and construction support related to the renovation of the former Courthouse building; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [Submitted by: N. Bartsch] In conjunction with the City’s recent acquisition of the former Tulare County Courthouse building, located adjacent to City Hall, the need to make improvements to the existing building and surrounding adjacent parking lot were identified. Improvements to the courthouse building are necessary for the City to occupy it as desired. At this time, the City plans to utilize a portion of the building for the Police Department to expand its office space and allow for social distancing requirements of COVID 19. This space will be occupied by the Police Department’s Detective and Special Investigations personnel. It will make remaining space accessible for use as a Small Business Incubator to encourage small businesses who might have otherwise launched during the pandemic. ADA compliance improvements, electrical and mechanical upgrades, as well as minor aesthetic improvements will be required to facilitate these uses.

Additionally, with the inclusion of the remaining portion of property within the city block now under the City’s purview, the City intends to make improvements to the security of its facilities by constructing fencing around the perimeter. With these improvements, revisions to the functional layout of the parking lot, necessary reconfiguration of ADA paths of travel, drainage enhancements, and pavement issues will be addressed.

Based on the current proposed improvements and recent cost escalations, initial estimates indicate there may be a need for additional funding for construction beyond what was originally anticipated and budgeted for this project. This is the result of several factors. As the City has experienced on other projects, supply chain issues, dramatic Consumer Price Index (CPI) fluctuations, and other cost escalations have driven construction costs higher than what could have been anticipated. Additionally, as with most rehabilitation/remodel projects of this kind, as further assessment of the building is made, the cost-benefit analysis of including specific improvements with the project, versus waiting until those specific systems fail, can lead to the increase of the scope of work. For example, there will be a need to reconfigure the existing mechanical (air conditioning and heating) system to accommodate the new improvements and functional changes in use. The estimated remaining life of the existing system is only 5- 7 years. With this, the anticipated costs of replacement at that time out-weigh the cost savings the City might achieve by waiting to replace it until it fails. Additionally, there would be a substantial impact to the operation of the building at a future date of replacement, if the work is not included in the current project.

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Agenda Memo – June 7, 2022
The City is currently exploring additional funding and potential financing options, should the need for additional funding become necessary. Staff will bring back these options, along with project phasing alternatives if necessary.

On January 11, 2022 the City Council approved a contract with 4 Creeks in the amount of $99,400 for topographic surveying, engineering design, bidding and construction support services for the rehabilitation improvements needed in the City Hall/Police Department/Former County Courthouse parking lots and associated perimeter security and ADA improvements. Additionally, 4 Creeks was also tasked with assessing existing conditions and creating a conceptual design for proposed improvements to the Courthouse building. Now that the project scope has been developed, and conceptual design completed, 4 Creeks has provided a proposal to incorporate the design of the building improvements into the balance of the parking lot, security, and ADA compliance improvements already under contract. They have proposed to complete this additional work for $253,247. This work will be performed in accordance with the terms and conditions of their existing on-call consultant services contract, is in line with industry standards, and falls within the amount budgeted for this project. Staff recommends Council approve a contract amendment with 4 Creeks in the amount of $253,247 for engineering and architectural services needed to complete the design, bidding and construction support related to the renovation of the former Courthouse building; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount.

4. 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:

Task 1: Inventory and Analyze Properties
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Agenda Memo – June 7, 2022
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.

5. Update and discussion regarding maintenance of vacant lots. [Submitted by: M.

Ott] Fire Department staff has been actively working on weed/hazard abatement since the first week of April 2022, sending out 156 reminder postcards to all commercial properties that are vacant and undeveloped. At the beginning of May, official Notices of Violation (NOV) were processed. NOVs are sent via mail to each owner, providing them with a timeline to abate the property themselves. The NOV further advises that failure to comply will result in the City abating the parcel and levying a lien against the property. A total of 56 parcels have been issued formal NOVs in the month of May with a directive Tulare City Council Page 18
Agenda Memo – June 7, 2022
to abate their properties within 10 business days from receipt. Of the 56 noticed, 17 owners have abated their parcels as of May 27. The City contractor has already been hired to abate 4 lots, and staff anticipates that approximately 20 lots will need to be abated by the City contractor by June 7.

Prevention staff will continue to respond to calls for service, and patrol for vacant lots with overgrown, dried vegetation. Staff will provide due process to each property owner per the current operating procedures and city ordinance. Staff recommends Council provide direction to staff regarding the maintenance of vacant lots.

6. Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement. [Submitted by: T. Myers] At the May 17, 2022, City Council meeting, Council members came to a consensus for staff to bring an item to Council for discussion on whether the parking of contractor tow trucks, while on rotation for services with the City of Tulare Police Department should be allowed to park in residential zones to improve response times.

The The City of Tulare Police Department currently maintains a Tow Service Agreement with six tow truck companies who voluntarily elect to participate in the Police Department’s tow rotation program. The Agreement specifies mandatory response times depending upon the time of day and type of tow truck needed to respond. For example, the maximum response time during the day is as follows:

Class A (Light Duty, 14,000 lb truck) – 20 minutes
Class B (Medium Duty, 33,000 lb truck) – 35 minutes
Class C (Heavy Duty, 52,000 lb truck) – 35 minutes
Class D (Super Heavy Duty, 54,000 lb truck) – 35 minutes The night time maximum response time is as follows:

Class A – 35 minutes
Class B – 50 minutes
Class C – 50 minutes
Class D – 50 minutes
The Tulare Municipal Code section 9.48.120 sets forth the commercial vehicle parking restrictions. The section applies to commercial vehicles of more than two-ton capacity commonly described as a truck, truck trailer, trailer, semi or tractor. Section

9.48.120(C)(1)(a) states:

It shall be unlawful for any person to leave, park or allow to be parked any commercial vehicle, whether attended or unattended, within any residential district. This prohibition shall apply regardless of whether the commercial vehicle is located on the public street, highway or alley, or on private property within the residential district.

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Agenda Memo – June 7, 2022
Council is being asked to discuss the parking of commercial vehicles in residential districts and specifically the applicability of tow trucks while operating under agreement with the Tulare Police Department. Staff recommends Council provide direction to staff regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement.

XVI. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) [Time Estimate: 10:00- 10:15 p.m.]
XVII. ADJOURN REGULAR MEETING
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ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
May 17, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, May 17, 2022, at 6:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:00 p.m.

There were no citizen comments.

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
Mayor Mederos adjourned to closed session at 6:02 p.m. for the item on the agenda as stated by City Attorney Mario Zamora.

IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 6:28 p.m.

V. CLOSED SESSION REPORT
City Attorney Mario Zamora advised that Council has decided to resolve the case as it relates to Tulare for Southern California Edison to correctly calculate the UTT going forward and not recover anything else. Staff will notify the other cities as well as the attorneys.
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VI. ADJOURN CLOSED SESSION
Mayor Mederos adjourned the closed session at 6:31 p.m.

A study session of the City Council of the City of Tulare was held on Tuesday, May 17, 2022, at 6:30 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Matt Machado, Michael Ott, David Rossman, Janice Avila, Traci Myers, Diego Ibanez, Darlene Thompson, Michael Miller, Trisha Whitfield, Jason Glick, Ken Wales, Melissa Hermann, Maegan Peton
VII. CALL TO ORDER STUDY SESSION
Mayor Mederos called the study session to order at 6:31 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.

There were no citizen comments.

IX. STUDY SESSION

1. Discussion regarding submitting a proposed cannabis tax to voters and number of retail locations. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a report for the Council’s review and consideration. Questions by Council were responded to by staff. Following discussion, it was Council consensus to direct staff to place the draft resolution on the next Council agenda for approval. It was also Council consensus to not move forward with considering additional retail establishments at this time.

X. ADJOURN STUDY SESSION
Mayor Mederos adjourned the study session at 6:54 p.m.

A regular meeting of the City Council of the City of Tulare was held on Tuesday, May 17, 2022, at 7:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
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STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Matt Machado, Michael Ott, David Rossman, Janice Avila, Traci Myers, Diego Ibanez, Darlene Thompson, Michael Miller, Trisha Whitfield, Jason Glick, Nick Bartsch, Andrew Bettencourt, Art Avila, Sherri Metz, Ken Wales, Melissa Hermann, Maegan Peton
XI. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:03 p.m.

XII. PLEDGE OF ALLEGIANCE AND INVOCATION
Vice Mayor Sayre led the pledge of allegiance and an invocation was given by Susan Henard of River Valley Church.

XIII. PROCLAMATIONS

1. Proclamation for Ellie’s Day, May 18, 2022. Mayor Mederos presented a proclamation to Ellie declaring May 18, 2022, as Ellie’s Day in the City of Tulare which was received by Ellie and her parents.

2. Proclamation in honor of National EMS Week, May 15-21, 2022. Mayor Mederos presented a proclamation declaring May 15-21, 2022, as Emergency Medical Services Week in the City of Tulare which was received by LifeStar Ambulance.

3. Proclamation in honor of Mental Health Awareness Month, May 2022. Mayor Mederos presented a proclamation declaring May 2022 as Mental Health Awareness Month in the City of Tulare which was received by Tulare County HHSA staff.

XIV. 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.

Unnamed person called in commenting on the emergency stationary sidewalk vendor ordinance which was adopted on April 27, 2022.

XV. COMMUNICATIONS
There were no communications.
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XVI. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Vice Mayor Sayre, and unanimously carried that the items on the Consent Calendar be approved as presented.

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]

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]

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]

8. Approve and authorize the City Manager or designee to enter into a Professional Services Agreement for Consulting Services with MIG, Inc. to prepare the City of Tulare Downtown Masterplan Update. [Submitted by: T.

Myers]

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]

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]
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XVII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) Council reported out on events attended and discussed items of interest.

XVIII. GENERAL BUSINESS

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] City Planner Mario Anaya provided a report for the Council’s consideration. Mayor Mederos opened the public hearing at 9:20 p.m. Receiving no public comment, the public hearing was closed at 9:20 p.m. Questions by Council were responded to by staff. It was moved by Council Member Isherwood, seconded by Mayor Mederos, and unanimously carried to 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 as presented.
(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] Senior Housing and Grants Specialist Alexis Costales provided a report for the Council’s review and consideration. Mayor Mederos opened the public hearing at 9:35 p.m. Receiving no public comment, the public hearing was closed at 9:35 p.m. Council Member Isherwood recused himself due to a possible business conflict. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.
(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 8453
limits on property located on the northwest corner of Cartmill Avenue and De La Vina Street. [Submitted by: S. Sopp] This item was taken out of order and heard following Mayor/Council Reports or Items of Interest.

Principal Planner Steven Sopp provided a report for the Council’s review and consideration. Mayor Mederos opened the public hearing at 8:56 p.m. Jim Robinson of San Joaquin Valley Homes provided comment and answered questions posed by Council. Mandy Cordeniz provided comment in support of this project. The public hearing was closed at 8:59 p.m. Questions by Council were responded to by staff. It was moved by Council Member Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to 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, prezoning 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] Finance Director Darlene Thompson provided a report for the Council’s review and consideration. Mayor Mederos opened the public hearing at 9:42 p.m.

Receiving no public comment, the public hearing was closed at 9:42 p.m. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to adopt a resolution to approve the 2022-2023 Master Fee Schedule effective July 1, 2022, as presented, and Council will relay any fees they would like to address to the City Manager for future consideration.
(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] Management Analyst Andrew Bettencourt provided a report for the Council’s review and consideration. Mayor Mederos opened the public hearing at 9:51 p.m. Receiving no public comment, the public hearing was closed at 9:51 p.m. Questions by Council were responded to by staff. It was moved by Council Member Isherwood, seconded by Mayor Mederos, and unanimously carried to 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 8454
establish programs for the collection and recycling of organic waste in the City of Tulare as presented.

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

Thompson] Finance Director Darlene Thompson provided a presentation for the Council’s review. Questions by Council were responded to by staff. There was no action taken on this item.

3. City Manager
(a) Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program. [Submitted by: M. Mondell] It was the consensus of Council to push this item to the June 7, 2022, meeting. (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] This item was taken out of order and heard following Citizen Comments. City Manager Marc Mondell provided a report for Council’s review and consideration. Questions by Council were responded to by City staff as well as Tulare County HHSA staff.

Comments received in support of the shelter: John Harman of Tulare Downtown Association; Don Lebaron, Tulare resident; Janet Lebaron, Tulare resident; Gerald Benton, Tulare resident; Susan Henard, Tulare resident; Tim Lutz, Tulare County HHSA; Michael Wells, Tulare resident; Adrianne Hillman of Salt & Light; Rob Hunt, Tulare resident; Lynn Dredge, Tulare resident.

It was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

XIX. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Harrell requested and received Council consensus to direct staff to prepare a future agenda item to discuss the ordinance for commercial vehicles, specifically tow trucks.

Council Member Harrell requested and received Council consensus to direct staff to prepare a future agenda item to discuss the issue of shopping carts.

Mayor Mederos requested and received Council consensus to direct staff to prepare a future agenda item to discuss the maintenance of vacant lots following recent fires. 8455
Mayor Mederos requested and received Council consensus to direct staff to prepare proclamations for Dairy Month and Pride Month to present at the next regular meeting.

XX. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 10:34 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 2022-06

AN ORDINANCE OF THE CITY OF TULARE AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.04.04 OF SAID CODE ZONE AMENDMENT NO. 746
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act;

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

SECTION 1: The Zoning Map of the City of Tulare as referred to in Section

10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.04.04; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

PRE-ZONING approximately 38 acres of property to the R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area) zone districts to become effective upon annexation into the City limits and is located on the north west corner of Cartmill Avenue and De La Vina Street as set forth more specifically on said map.

SECTION 2: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 3: This Ordinance shall be in full force and effect thirty (30) days from and after its passage, adoption, and approval.

PASSED, APPROVED, AND ADOPTED this 7th day of June, 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

ORDINANCE 2022-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE AMENDING TITLE 7, HEALTH AND SANITATION, OF THE MUNICIPAL CODE TO ADD CHAPTER 7.17 MANDATORY RECYCLING AND ORGANIC WASTE DISPOSAL

REDUCTION
WHEREAS, the City Council of the City of Tulare, a Charter city under California law, finds the need to add Chapter 7.17 of Title 7 of the City of Tulare Municipal Code related to 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.

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

SECTION 1. The following section of the Tulare Municipal Code is adopted to read:

Sections:

7.17.010 Purpose and Findings.

7.17.020 Title of Chapter.

7.17.030 Definitions.

7.17.040 General provisions and prohibitions for the use of solid waste, recyclables (non-organic) and organic containers by generators.

7.17.050 Requirements for commercial businesses.

7.17.060 Waivers for generators.

7.17.070 Requirements for commercial edible food generators.

7.17.080 Requirements for food recovery organizations and services.

7.17.090 Requirements for haulers and facility operators.

7.17.100 Self-hauler requirements.

7.17.110 Inspections and investigations by City.

7.17.120 Enforcement.
§ 7.17.010 Purpose and Findings.

The City of Tulare finds and declares:
(A) The purpose of this chapter is to implement state laws in order to reduce the amount of recyclable, e.g., non-organic and organic, solid wastes deposited in landfills from the City’s commercial businesses, residents, and self-haulers.

AGENDA ITEM: Consent 4
(B) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(C) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires Jurisdictions to implement a mandatory commercial recycling program. (D) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the state of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.
(E) SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
(F) SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.
(G) Requirements in this chapter are consistent with other adopted goals and policies of the City to reduce waste and lower emissions of greenhouse gases. (H) This chapter is intended to supplement the City’s general regulation of solid waste set forth in other portions of the City’s Municipal Code, including, but not limited to, Chapter 7.16.
§ 7.17.020 Title of Chapter.

This chapter shall be entitled “Mandatory Recycling and Organic Waste Disposal Reduction.”
§ 7.17.030 Definitions.

BLUE CONTAINER. Has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source-separated recyclable materials or source-separated blue container organic waste.

CALRECYCLE. California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations.

CALIFORNIA CODE OF REGULATIONS or CCR. The state of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

C&D. Abbreviation for construction or demolition debris.

CITY. The City of Tulare, a California Municipal Corporation and charter city, in Tulare, California.

CITY ENFORCEMENT OFFICIAL. The City Manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

COMMERCIAL BUSINESS OR COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.

COMMERCIAL EDIBLE FOOD GENERATOR. A tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

COMPLIANCE REVIEW. A review of records by the city to determine compliance with this chapter.

COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one (1) time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

COMPOST. The same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

COMPOSTABLE PLASTICS or COMPOSTABLE PLASTIC. The plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. As defined in 14 CCR Section 18982(14.5), a solid waste facility that accepts a source-separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one (1) of the following:

1. The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty (50) percent between January 1, 2022, and December 31, 2024, and seventy-five (75) percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream. a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in paragraph (1) of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “designated source separated organic waste facility.”

2. The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “designated source-separated organic waste facility.” For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

DESIGNEE. An entity that Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

ENFORCEMENT ACTION. An action of the City to address noncompliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

FOOD FACILITY. The same meaning as in Section 113789 of the Health and Safety Code.

FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

FOOD RECOVERY ORGANIZATION. An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for FOOD RECOVERY ORGANIZATION differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

FOOD SCRAPS. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. “Food scraps” excludes fats, oils, and grease when such materials are source separated from other food scraps.

FOOD SERVICE PROVIDER. An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

FOOD-SOILED PAPER. Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

FOOD WASTE. Food scraps, food-soiled paper, and compostable plastics.

GRAY CONTAINER or BROWN CONTAINER. The same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

GRAY CONTAINER WASTE. Solid waste that is collected in a gray container that is part of a three-container collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1 (a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

GREEN CONTAINER. The same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty (50) percent between January 1, 2022, and December 31, 2024, and seventy-five (75) percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

INSPECTION. A site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a "venue facility" includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

LOCAL EDUCATION AGENCY. A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

MIXED WASTE ORGANIC COLLECTION STREAM or MIXED WASTE. Organic waste collected in a container that is required by 14 CCR
Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

MULTIFAMILY RESIDENTIAL DWELLING or MULTIFAMILY. From, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

NON-COMPOSTABLE PAPER. Includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

NON-LOCAL ENTITY. The follow entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. Federal facilities located within the boundaries of the City, including but not limited to United States Postal Service, Immigration and Customs Enforcement, and Federal Bureau of Investigations.

2. County fairgrounds located within the boundaries of the City, including Tulare County Fairgrounds owned by State of California.

3. Reserved.

4. Local school districts within the boundaries of the City, including but not limited to Tulare City School District and Tulare Joint Union High School District.

5. Public universities located within the boundaries of the City, including but not limited to the College of the Sequoias.

6. State agencies located within the boundaries of the City, including but not limited to Department of Vehicles, California Highway Patrol, and California Department of Transportation.

NON-ORGANIC RECYCLABLES. Non-putrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

NOTICE OF VIOLATION (NOV). A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

PAPER PRODUCTS. Products that include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

PRINTING AND WRITER PAPERS. Products that include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

PROHIBITED CONTAINER CONTAMINANTS. Defined as the following:

1. Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container;

2. Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container;

3. Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in City’s green container and/or blue container; and,

4. Excluded waste placed in any container.

RECOVERD ORGANIC WASTE PRODUCTS. Products made from California, landfilldiverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

RECYCLED-CONTENT PAPER. Paper products, and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

RECOVERY. Any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

REGIONAL AGENCY. Regional agency as defined in Public Resources Code Section 40181.

REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

RENEWABLE GAS. Gas derived from organic waste that has been diverted from a California landfill and process at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

SB 1383. Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 REGULATIONS or SB 1383 REGULATORY. Refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER. A person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-haulers must also meet one (1) of the exceptions from the requirements of Section 8.12.020.

SINGLE-FAMILY. From, or pertaining to any residential premises with fewer than five (5) units.

SOLID WASTE. Has the same meaning as defined in State Public Resources Code Section 40191, which defines SOLID WASTE as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that SOLID WASTE does not include any of the following wastes:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1.

Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

SOURCE SEPARATED. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.

SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a blue container that is limited to the collection of those organic waste and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables and source separated blue container organic waste.

STATE. The State of California.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one (1) of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of “tier one commercial edible food generator” differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one (1) of the following:

1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

2. Hotel with an on-site food facility and two hundred (200) or more rooms.

3. Health facility with an on-site food facility and one hundred (100) or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

7. A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

UNCONTAINERIZED GREEN WASTE AND YARD WASTE COLLECTION SERVICE or UNCONTAINERIZED SERVICE. A collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). § 7.17.040 General provisions and prohibitions for the use of solid waste, recyclable (non-organic) and organic containers by generators. (A) Generators shall have and maintain a three-container Solid Waste collection system consisting of Blue Containers, Gray/Brown Containers and Green Containers, and shall comply with the general requirements specified in other portions of the City’s Municipal Code, including, but not limited to, Chapter 7.16.
(B) Generators shall separate materials into their correct containers and shall not place prohibited container contaminants in any container.
(C) Generators shall provide adequate onsite parcel space for three-container solid materials systems, unless otherwise allowed by the City. The container space or refuse enclosure shall be large enough to accommodate a minimum of three containers, including additional space for accessibility by persons and collection vehicles. (D) Generators shall maintain and keep materials containers areas, including refuse enclosures, clean, free of litter, debris, stored supplies, equipment and other materials, and unsanitary conditions, and safety accessible to users and City staff and vehicles. § 7.17.050 Requirements for single-family generators.

Single-family organic waste generators shall comply with the following requirements:
(A) Shall subscribe to City’s organic waste collection services for all organic waste generated as described in subsection (B) of this section. City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(B) Shall participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

1. A three (3) and three (3) plus container collection service (blue container, green container, and gray container).
a. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.

Generators shall not place materials designated for the gray container into the green container or blue container. (Ord. 22-xxx§, 202)
(C) Accommodate and cooperate with the City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with Section

7.17.040(B). The remote monitoring program may involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
§ 7.17.050 Requirements for commercial businesses.

Generators that are commercial businesses, including multifamily residential dwellings, shall:
(A) Subscribe to City’s collection services and comply with requirements of those services as described below in this section, except commercial businesses that meet the self-hauler requirements in Section 7.17.100. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city. (B) Subscribe to nonorganic recyclables service if the customer generates four (4) cubic yards or more of solid waste weekly or if otherwise required by law. (C) Except commercial businesses that meet the self-hauler requirements in Section 7.17.100, participate in the City’s organic waste collection service(s) by placing designated materials in designated containers as described below.

Generator may place recyclable materials in gray container if mixed waste material recovery service is utilized and approved by the city. Generator shall not place materials designated for the gray container into the green container or blue container.
(D) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (E)(1) and (E)(2) of this section) for employees, contractors, tenants, and customers, consistent with city’s collection service or, if self-hauling, per the commercial business’ instructions to support its compliance with its self-haul program, in accordance with Section 8.14.100. (E) Excluding multifamily residential dwellings, provide containers for the collection of source-separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(F) Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (E) of this section pursuant to 14 CCR Section 18984.9(b).
(G) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial business’ instructions to support its compliance with its self-haul program, in accordance with Section 7.17.100.
(H) Excluding multifamily residential dwellings, periodically inspect all containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(I) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials. (J) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(K) Provide or arrange access for City or its agent to their properties during all inspections conducted in accordance with Section 7.17.110 to confirm compliance with the requirements of this chapter.
(L) If a commercial business wants to self-haul, meet the self-hauler requirements in Section 7.17.100.
(M) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(N) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 7.17.070. § 7.17.060 Waivers for generators.
(A) De Minimis Waivers. The City may waive a commercial business’ obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(2) of this section. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (A)(2) of this section.

2. Provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business’ total waste; or b. The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’ total waste.

3. Notify City if circumstances change such that commercial business’ organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five (5) years, if City has approved de minimis waiver.
(B) Physical Space Waivers. City may waive a commercial business’ or property owner’s obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Chapter 7.16.

A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to the City that it is still eligible for physical space waiver every five (5) years, if City has approved application for a physical space waiver.

C. The City may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The city manager or designee shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.

D. Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the city manager or their designee.
§ 7.17.070 Requirements for commercial edible food generators. (A) Tier one commercial edible food generators must comply with the requirements of this section commencing June 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2023.
(B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2023.
(C) Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or, (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow city’s designated enforcement entity or designated third-party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that may be provided to the city upon request that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(D) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). § 7.17.080 Requirements for food recovery organizations and services. (A) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (B) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. (C) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than February 15th annually. (D) Food Recovery Capacity Planning.

1. Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the city.
§ 7.17.090 Requirements for haulers and facility operators. (A) Requirements for Haulers.

1. Permitted haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
a. Through written notice to the city annually on or before February 15th identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste.
b. Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 7.17.100 of this chapter.

2. Permitted hauler’s authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with city. (B) Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.

2. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days.
§ 7.17.100 Self-hauler requirements.
(A) Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. (B) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
(C) Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be reported to the City on a quarterly basis. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(D) The quarterly report shall be submitted to the City by the following dates:

1. First Quarter (January 1 – March 31), Report Due: April 21

2. Second Quarter (April 1 – June 30), Report Due: July 21

3. Third Quarter (July 1 – September 30), Report Due: October 21

4. Fourth Quarter (October 1 – December 31), Report Due: January 21 (E) A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection (C) of this section. § 7.17.110 Inspections and investigations by City.
(A) City representatives are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection.
(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
(C) Any records obtained by a City during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (D) City representatives are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(E) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
§ 7.17.120 Enforcement.
(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. Fines will follow the schedule for infractions as defined in Section 1.04.030 subject to any minimum fine amounts set forth in the SB 1383 regulations. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. (C) Responsible Entity for Enforcement.

1. Enforcement pursuant to this chapter may be undertaken by the city enforcement official.
(D) Process for Enforcement.

1. City enforcement officials will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 7.17.110 establishes City’s right to conduct inspections and investigations.

2. City may issue an official notification to notify regulated entities of its obligations under this chapter.

3. City shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Section 7.17.120. All applicable appeals and collection procedures shall apply. Moreover, during any appeal, the decision-maker shall consider any applicable factors required by regulation of CalRecycle.
(E) Penalty Amounts for Types of Violations. The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be fifty dollars ($50.00) per violation.

2. For a second violation, the amount of the base penalty shall be one hundred dollars ($100.00) per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars ($250.00) per violation.
(F) Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(G) Education Period for Noncompliance. Beginning immediately and through December 31, 2023, the City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that organic waste generator, selfhauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2023, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (H) Civil Penalties for Non-compliance. Beginning January 1, 2024, if the City determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
(I) Applicability of Chapter. This chapter shall be interpreted consistent with the City’s regulatory authority and shall only apply to local education agencies and other state or federal entities to the extent permitted by law, including SB 1383.

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 Chapter 7.17 is in conflict therewith, these provisions of Chapter 7.17 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 7th day of June, 2022.

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

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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: City Manager
For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution calling the General Municipal Election, requesting and consenting to consolidation of elections, setting specifications of the election order, and requesting the Tulare County Board of Supervisors permit the County Registrar of Voters to render specified services to the City relating to the conduct of the election.

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

Attached is a resolution calling a General Municipal Election for two Council Member seats on November 8, 2022, requesting the services of the Tulare County Registrar of Voters, and requesting consolidation of the General Municipal Election with any other election called for this jurisdiction for this date.

FISCAL IMPACT:

The estimated cost of the November 2022 election is $45,295.50-$90,591, as provided by the County Registrar of Voters.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
001-4020-2065 Election Cost
Submitted by: Melissa Hermann Title: Chief Deputy City Clerk Date: May 11, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 5

RESOLUTION 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

CALLING THE GENERAL MUNICIPAL ELECTION, REQUESTING AND

CONSENTING TO CONSOLIDATION OF ELECTIONS, SETTING SPECIFICATIONS

OF THE ELECTION ORDER, AND REQUESTING THE TULARE COUNTY BOARD

OF SUPERVISORS PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER

SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF THE ELECTION.

WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, Section 11 of the Tulare City Charter requires that regular municipal elections be held in even-numbered years at the same time as the general election for the state offices for the state of California, in accordance with the Elections Code of the State of California as amended from time to time; and
WHEREAS, a statewide election is scheduled to be held on Tuesday, November 8, 2022; and
WHEREAS, other elections may be held in whole or in part of the territory of the district, and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and
WHEREAS, pursuant to the Elections Code, beginning at Section 10400, the governing body of any city may, by resolution, request the Board of Supervisors of the county to permit the County Registrar of Voters to render specified services to the city relating to the conduct of an election; and
WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and WHEREAS, Elections Code Section 13307(3c) requires that before the nominating period opens, the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and
WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district.

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

RESOLUTION 2022-XX Page 2
Section 1. Call of Election: An election shall be held for the City of Tulare on Tuesday, November 8, 2022, for the purpose of electing successors for the following offices:

District 2 City Council Member, Full Term, November 2022-November 2026 District 4 City Council Member, Full Term, November 2022-November 2026 Section 2. Request to Consolidate: The Council of the City of Tulare hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the city, as provided in Elections Code Section 10400. The Council acknowledges that the election will be held and conducted according to procedures in the Elections Code, including Section 10418.

Section 3. Request for County Services: Pursuant to Section 10002 of the Elections Code, the Council of the City of Tulare requests the Board of Supervisors of Tulare County to permit the Registrar of Voters to render services to the City of Tulare relating to the conduct of the November 8, 2022, General Municipal Election as follows:
a. Distribute and file nomination papers and candidate statements for the candidates for city offices.
b. Make all required publications.
c. Prepare, print, and mail to the qualified electors of the city sample ballots and voter pamphlets.
d. Provide Vote by Mail ballots for said Municipal Election for use by the qualified electors who may be entitled to Vote by Mail ballots in the manner provided by law.
e. Order consolidation of precincts, appoint precinct boards, designate polling places, and instruct election officers concerning their duties. f. Conduct and canvass the returns of the election and certify the votes cast to the city.
g. Receive and process Vote by Mail ballot voter applications. h. Prepare, print, and deliver to the polling places supplies, including the official ballots and a receipt for said supplies.
i. Recount votes, if requested, in accordance with State Law. j. Conduct the above election duties in accordance with the Voting Rights Act of 1975, as amended.
k. Perform all other pertinent services required to be performed for said election other than the requirements of the Fair Political Practices Commission; said Fair Political Practices Commission requirements to be performed by the City Clerk.

Section 4. Consolidation of Measures: The Council of the City of Tulare requests the County Registrar of Voters to include on the ballots and sample ballots all RESOLUTION 2022-XX Page 3
qualified measures submitted by the City of Tulare to be ratified by the qualified electors of the City of Tulare.

Section 5. Designated Hours: The City, in accordance with Elections Code Section 10242, hereby designates that polling places shall be open at 7:00 a.m. and remain open until 8:00 p.m. on the day of the election.

Section 6. Candidate Statement: The Council of the City of Tulare has determined that the Candidate shall pay for the Candidate’s Statement. The Candidate’s Statement shall be limited to 200 words.

Section 7. Contract Authority: The City will reimburse the Registrar of Voters for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official provided that no fees shall be charged for services which the Registrar of Voters is otherwise required by law to perform.

Section 8. Notice of Election Publication: The City requests the Registrar of Voters publish the Notice of Election in the Tulare Advance Register, which is a newspaper of general circulation that is regularly circulated in the City.

Section 9. Transmittal of Resolution: The City Clerk shall submit a certified copy of this resolution to the Tulare County Board of Supervisors and to the Tulare County Registrar of Voters.

PASSED AND ADOPTED this 7th day of June, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-XX Page 4

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of said City at a regular meeting held on June 7, 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 SHEET
Submitting Department: City Manager
For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term.

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

Health and Safety Code 2021(b) outlines the process for the appointment of trustees to a Mosquito Abatement District as follows:
(b) In the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory, the board of supervisors may appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district may appoint one person to the board of trustees. If those appointments result in a board of trustees with less than five trustees, the board of supervisors shall appoint enough additional persons to make a board of trustees of five members.

The Tulare Mosquito Abatement District has one trustee from the City of Tulare, one trustee from the City of Visalia, and three trustees plus a non-profit voting member from the County of Tulare. Trustees serve either two or four-year terms.

Patrick Nunes was first appointed as a trustee to the Tulare Mosquito Abatement District by the Tulare City Council since December 2006. Mr. Nunes has expressed his willingness to continue to serve on this board for the District. His business background along with community involvement gives him a keen sense of the fiscal and operational constraints of the District and his skill sets make more than capable of providing oversight for the District’s mosquito control services provided by the District for the City of Tulare. The District supports this consideration.

STAFF RECOMMENDATION:

Reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term.

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

N/A
AGENDA ITEM: Consent 6
Submitted by: Melissa Hermann Title: Chief Deputy City Clerk Date: May 23, 2022 City Manager Approval: ____________

CITY OF TULARE

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

AGENDA ITEM:

Adopt a resolution of intent to receive the draft report of Tulare Downtown Association Board of Directors, and set June 21, 2022, as the public hearing date regarding annual assessments for the Parking and Business Improvement Area.

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

City Municipal Code Section 8.48.080 requires the Advisory Board for the Parking and Business Improvement Area of the City to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report. The Tulare Downtown Association (TDA) Board of Directors serves as the Advisory Board of the district and administers the program. The report may propose changes, including, but not limited to, the boundaries of the Parking and Business Improvement Area or any benefit zones within the Area, the basis and method of levying the assessments, and any changes in the classification of business, if a classification is used.

STAFF RECOMMENDATION:

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

N/A
Submitted by: Darlene Thompson Title: Finance Director
Date: May 25, 2022 City Manager Approval: ____________

RESOLUTION 2022-XX

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TULARE TO LEVY AN ANNUAL ASSESSMENT FOR THE 2022/23 FISCAL YEAR FOR THE

TULARE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City of Tulare, pursuant to Streets and Highways Code Sections 36500 et seq. and Tulare City Code Chapter 8.48, has previously created the Tulare Downtown Parking and Business District and has created two benefit zones within said District; and
WHEREAS, the City Council has designated the Tulare Downtown Association (TDA) Board of Directors as the Advisory Board for said District; and WHEREAS, pursuant to Streets and Highways Code Section 46533, said Advisory Board has prepared a report for the 2022/23 fiscal year for said District and has presented same to the City Council; and
WHEREAS, it is appropriate and necessary that the City Council review said report, act upon and establish a date for a public hearing for consideration of levying of an annual assessment for the 2022/23 fiscal year for the Tulare Downtown Parking and Business Improvement District.

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

Section 1. The City Council has received the report filed by the TDA Board of Directors acting as the Advisory Board to the City Council for purposes of the Tulare Downtown Parking and Business Improvement District.

Section 2. The proposed improvements and activities to be carried out during the 2022/23 fiscal year are as set forth in Attachment A attached hereto and incorporated herein by this reference.

Section 3. The report from the TDA Board of Directors for the 2022/23 fiscal year is on file with the City Clerk and the same contains a full and detailed description of the improvements and activities to be provided for said fiscal year and the proposed assessments to be levied upon the businesses within the area for said fiscal year.

Section 4. June 21, 2022, at the hour of 7:00 p.m., in the Tulare Public Library and Council Chamber, 491 North M Street, Tulare, California is the time and place fixed for a public hearing to be held by the City Council on the levying of the proposed assessments for the 2022/23 fiscal year.

Section 5. At said public hearing, written and oral protests may be made. Any such protests shall comply with the requirements of Streets and Highways Code Section 36524 and 36525.

RESOLUTION 2022-XX Page 2
Section 6. The City Clerk is herewith directed to give notice of the public hearing by causing this Resolution of Intention to be published once in the Tulare Advance-Register not later than seven days before the date of said public hearing.

PASSED, APPROVED, AND ADOPTED this 7th day of June, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-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 2022-XX passed and adopted by the Council of said city at a regular meeting held on June 7, 2022, by the following vote:

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

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022-XX Page 4

EXHIBIT A
The Tulare Downtown Association Incorporated Board of Directors offers the following recommendations for the management and operation of activities associated with the Tulare Parking and Business Area during the 2022/23 fiscal year (July 1, 2022 - June 30, 2023):
1) Recommend no changes in boundaries or benefit zones. 2) Continue working with City staff on projects and business recruitment. 3) Continue to track real estate and work with realtors. 4) Work with City, Code Enforcement, and Police Department to control graffiti, vandalism, and crime in the downtown.
5) Continue to seek additional means to address the demands of a changing economy and the downtown business community.
6) Continue to work with the Tulare Chamber of Commerce as well as other organizations and individuals in their efforts to encourage growth in Downtown Tulare.
7) Support efforts to market and develop attractions in the downtown, encourage other groups and individuals in producing events and attractions, and implement new strategies aligned with existing strategies to improve the business climate in the downtown.
8) Continue efforts to develop cooperative marketing plans with Association members and the downtown at large.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Receive a list of proposed projects to be funded through Senate Bill No. 1 (SB 1) revenues; and adopt a resolution which includes the 2022/23 Road Maintenance and Rehabilitation Account (RMRA) funds in the City’s 2022/23 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those funds.

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

Senate Bill No. 1 (SB 1) was approved by the Governor on April 28, 2017 and filed with the Secretary of State on April 28, 2017. This bill created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state’s highway system as well as local street and road systems. Funds generated include the Road Maintenance and Rehabilitation Account (RMRA), which resides in the State Transportation Fund.

The California Transportation Commission (CTC) formally adopted the SB 1 Local Streets and Roads (LSR) Annual Reporting Guidelines on August 16, 2017. The guidelines outline the process for cities and counties to annually submit their project lists and expenditure reports to the CTC to establish eligibility for receiving SB 1 funds. At its March 21-22, 2018 meeting, the CTC adopted updated reporting guidelines, requiring that this list be submitted annually, no later than May 1. Due to the COVID-19 pandemic, the deadline was extended this year to July 1, 2021.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A AGENDA ITEM: Consent 8
FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Nick Bartsch Title: Senior Project Manager Date: May 25, 2022 City Manager Approval: ____________
Local Streets and Roads - Projected Revenue
s
2021-22 2022-23
Estimated January 2022 Hwy Users Ta
x Road Mntnc TOTAL Hwy Users Ta
x Road Mntnc TOTAL
Account Rehab Acct Account Rehab Acct
SUTTER COUNTYLIVE OAK 194,014 248,050 442,064 275,831 213,518 489,349YUBA CIT Y 1,465,948 1,835,157 3,301,105 2,045,069 1,613,315 3,658,384 Count
y of Sutter 3,632,696 3,827,639 7,460,335 4,281,127 3,997,880 8,279,007 Total Cities & Count
y: Sutter 5,292,658 5,910,846 11,203,504 5,910,846 5,292,658 11,203,504 TEHAMA COUNTYCORNING 158,741 205,081 363,822 227,894 174,698 402,593RED BLUFF 295,609 377,042 672,651 419,525 325,325 744,850TEHAMA 9,279 17,391 26,670 18,724 10,212 28,936 Count
y of Tehama 4,024,115 3,978,127 8,002,242 4,381,907 4,428,646 8,810,553 Total Cities & Count
y: Tehama 4,487,744 4,577,641 9,065,384 4,577,641 4,487,744 9,065,384 TRINITY COUNTYCount
y of Trinit
y 2,113,765 2,209,469 4,323,234 2,411,679 2,326,255 4,737,934 TULARE COUNTYDINUBA 549,233 689,219 1,238,452 767,445 604,446 1,371,891EXETER 227,775 289,151 516,926 321,592 250,673 572,265FARMERSVILLE 234,610 297,593 532,204 331,008 258,195 589,203LINDSA Y 271,127 342,698 613,825 381,314 298,382 679,696
PORTERVILLE 1,233,864 1,536,382 2,770,247 1,712,118 1,357,901 3,070,019TULARE 1,434,258 1,783,910 3,218,168 1,988,187 1,578,439 3,566,627VISALIA 2,884,298 3,577,516 6,461,814 3,988,318 3,174,248 7,162,566WOODLAKE 166,818 212,856 379,674 236,615 183,588 420,204Count y of Tulare 14,166,304 14,894,876 29,061,180 16,660,076 15,590,398 32,250,474 Total Cities & Count
y: Tulare 21,168,288 23,624,202 44,792,491 23,624,202 21,168,288 44,792,491 TUOLUMNE COUNTYSONORA 101,553 142,617 244,170 158,135 111,762 269,897Count y of Tuolumne 2,791,968 3,234,911 6,026,879 3,593,722 3,072,636 6,666,358 Total Cit
y & Count
y: Tuolumne 2,893,521 3,377,528 6,271,049 3,377,528 2,893,521 6,271,049 January 2022 CaliforniaCityFinance.com Page 20 of 21
RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Tulare must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Tulare, will receive an estimated $1,578,439 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City of Tulare is receiving SB 1 funding and will enable the City of Tulare to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Tulare has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Tulare used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
Whereas, the funding from SB 1 will help the City of Tulare maintain and rehabilitate and streets and transportation infrastructure throughout the City this year and similar projects into the future;
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and RESOLUTION 2022-XX Page 2
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

Section 1. The foregoing recitals are true and correct.

Section 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project Title: Various Streets Northeast of Tulare Avenue and Dayton Street Description: Pavement Management System / Utility project to design the reconstruction of various streets northeast of Tulare Avenue and Dayton Street. Includes ADA Concrete work and Surface Water facilities.

Project Location: Academy Avenue between Dayton Street and Laspina Street; Stanley Dr. between Lane Street and Academy Avenue; La Mesa Avenue between Dayton Street and Spruce Street; Burton Avenue east of Lane Street; Miracle Ct.; Dayton Street between Tulare Avenue and La Mesa Avenue; Lane Street between Tulare Avenue and Burton Avenue; and Canby Street between Tulare Avenue and the Santa Fe Trail.

Estimated Project Schedule: Start (07/22) – Completion (06/24) Estimated Useful Project Life: 25 years
Project Title: Various Streets Northeast of Tulare Avenue and Canby Street Description: Pavement Management System / Utility project to design the reconstruction of various streets northeast of Tulare Avenue and Canby Street. Includes ADA Concrete work and Surface Water facilities.

Project Location: Tulare Avenue/Cheryl Lane Alley between Canby Street and Mt.

View Street; Cheryl Lane at Laspina Street; Academy Avenue between Laspina Street and Mt. View Street; Burton Avenue west of Laspina to east of Mt. View Street; Eastgate Avenue west of Laspina Street to Mt.

View Street; Vineland Avenue between Laspina Street and Mt. View Street; and Fairwind Court at Vineland Avenue.

Estimated Project Schedule: Start (07/22) – Completion (06/24) Estimated Useful Project Life: 25 years
Section 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

RESOLUTION 2022-XX Page 3
Project Title: Pratt Street Improvements
Description: Pavement Management System project to design and reconstruct Pratt Street between Bardsley Avenue and Inyo Avenue (SR137). Includes ADA Concrete work and Surface Water facilities.

Project Location: Pratt Street between Bardsley Avenue and Inyo Avenue (SR137) Estimated Project Schedule: Start (07/20) – Completion (06/23) Estimated Useful Project Life: 25 years
Project Title: Cross Avenue Improvements
Description: Pavement Management System project to design and reconstruct Cross Avenue between West Tulare Avenue and West Street. Includes ADA Concrete work, ADA traffic signal improvements as well as Surface Water infrastructure improvements.

Project Location: Cross Avenue between West Tulare Avenue and West St.

Estimated Project Schedule: Start (07/19) – Completion (06/23) Estimated Useful Project Life: 25 years
Project Title: Elliott Tract Improvements
Description: Pavement Management System project to reconstruct streets within the existing Elliott Tract. Includes ADA Concrete work and Surface Water infrastructure improvements.

Project Location: Owens Avenue between West Street and Santa Clara Street; Los Angeles Street between Bardsley Avenue and Owens Avenue; Elm Avenue between West Street and Sacramento Street; Santa Clara Street between Bardsley Avenue and Inyo Avenue.

Estimated Project Schedule: Start (07/21) – Completion (12/22) Estimated Useful Project Life: 25 years
Project Title: Apricot and Academy Improvements
Description: Pavement Management System / Utility project to design and reconstruct Apricot Avenue between O Street and Blackstone Street, and between San Joaquin Avenue and the Santa Fe Trail. Includes ADA Concrete work and Surface Water facilities.

Project Location: Apricot Ave. between Gem St. and Blackstone St.; Academy Ave. between Gem St. and Blackstone Ave.; Pine Dr. between Academy Ave. and Highland St.; E. La Mesa Dr. between Academy Ave. and Blackstone St.; N. Gem St. between San Joaquin Ave. and Academy Ave.; Highland St. between San Joaquin Ave. and the Santa Fe Trail; and Olympic Ct. at Apricot Ave.

Estimated Project Schedule: Start (07/21) – Completion (12/23) Estimated Useful Project Life: 25 years
Project Title: Sycamore and San Joaquin
Description: Pavement Management System project to design and reconstruct streets between O Street and Blackstone Street, and between Tulare RESOLUTION 2022-XX Page 4
Avenue and San Joaquin Avenue. Includes ADA Concrete work and Surface Water infrastructure improvements.

Project Location: King Ave. between O St. and Cherry St.; Sycamore Ave. between Cherry St. and Blackstone St.; San Joaquin Ave. between O St. and Blackstone St.; Madden St. between Tulare Ave. and King St.; Delwood St. between Sycamore Ave. and San Joaquin Ave.; and N. Highland St. between Tulare Ave. and Sycamore Ave.

Estimated Project Schedule: Start (07/21) – Completion (06/23) Estimated Useful Project Life: 25 years
PASSED, APPROVED, AND ADOPTED this 7th day of June, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-XX Page 5
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

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

By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve and authorize the City Manager to sign a contract amendment in the amount of $8,000 with Lane Engineers for additional surveying and construction staking services related to City Project EN0090 – Sequoia-Spruce Tracts Improvements, a street and utility improvement project on Spruce St., Sierra Ave., Sequoia Ave., Dayton St., and Kern Ave; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount.

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

Capital Improvement Project EN0090 addresses street and utility improvements on: Spruce Street between Bardsley Avenue and Tulare Avenue (SR137); Sierra Avenue between SR99 and Canby Street; Sierra Avenue/Sequoia Avenue Alley between SR99 and Spruce Street; Sequoia Avenue between Dayton Street and Spruce Street; Sequoia Avenue/Kern Avenue Alley between Dayton Street and Spruce Street; Kern Avenue between Dayton Street and Spruce Street. The project has reconstructed the street section and included ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fell within the project limits. Additionally, it has addressed necessary water, sewer and storm drain improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project was included and approved as a part of the City’s 2019-2024 transportation and utility CIP program budget. The project is now in the final stages of construction.

Lane Engineers has worked closely with City Staff to minimize the additional work required.

However, even after working within the pre-authorized contingency amount ($10,940) approved by City Council at the time of contract award, they have estimated the need for up to an additional $8,000 to complete the staking necessary on the project, along with the effort required to file the remaining street monument corner records with the County upon completion.

AGENDA ITEM: Consent 9
The original project budget anticipated higher costs for construction surveying services than what Lane Engineers originally proposed, and subsequently, the amended contract amount is still within the typical cost seen for these services on the City’s past projects. Additionally, with other cost savings experienced on this project, there is adequate funding available within the current project budget to cover the proposed amendments. Therefore, no additional funding is required.

STAFF RECOMMENDATION:

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

EN0090-050-0224 (Construction Surveying)
Submitted by: Nick Bartsch Title: Senior Project Manager Date: May 26, 2022 City Manager Approval: ____________
LANE ENGINEERS, INC.

Civil  Structural  Surveying
P.O. Box 1059
Tulare, CA 93275
Phone: (559) 688-5263 / Fax: (559) 688-8893

Page 1 ends

REQUEST FOR ADDITIONAL FEES
Date: May 13, 2022
Client: City of Tulare
Attn: Nick Bartsch
Project: Sequoia-Spruce Tract Improvements
Location: Spruce Street between Bardsley Ave. & Tulare Ave.

Tulare, CA
Mr. Bartsch:

We would like to formally request to increase PO Number 030289 an additional $8,000 to a total of $128,340 for the construction staking services being provided for the Sequoia‐Spruce Tract Improvements project.

The PO has already been raised 10% from the original estimate, but as we discussed at the time, we believed that this would not cover the total amount of overages. Therefore, the list below also includes additional work performed that was listed in the original request. A description of the additional work performed is as follows:
 Provide specifically requested GPS control for contractor.  Additional stakes set for detailed curb returns.
 Numerous site visits for curb return staking. On several occasions we were asked to stake one curb return at a time to keep the concrete crew going.
 Restaking due to plan revisions or lost stakes.
 Additional field trip requested by City to stake future manholes at Sierra Avenue and Spruce St. with no offsets for planning purposes.
 Coordination efforts with Design engineer to clarify plans and in some instances revise plans.  Restamping and center punching monuments that were required to be rebuilt by Contractor.

If you have any questions, or would like to discuss any of these items in greater detail, please do not hesitate to contact me. We appreciate your consideration regarding this matter.

Respectfully submitted,
LANE ENGINEERS, INC.

Benjamin R. Mullins, PLS 9227

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve a list of pre-qualified consultants for On-Call Architectural and Landscape Architectural Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with 4 Creeks of Visalia, CA; RRM Design Group of San Luis Obispo, CA; and Design Lab 252 of Fresno, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions.

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

Due to the volume of Capital Improvement Projects (CIP), the City is seeking assistance with architecture and landscape architecture services to supplement and complement City Staff on an as needed basis. On-Call consultants have been, and will be, utilized to supplement City Staff in the design of major and minor capital projects and in cases where technical expertise is needed to efficiently keep projects moving forward. The work assignments to be performed under the contract may include, but are not limited to, design, estimating, bidding and construction support services for municipal building construction and rehabilitation, landscape architecture, bike path and trail design, and other municipal capital improvement projects.

Therefore, the Engineering Services Department is establishing a short list of pre-qualified firms to provide architecture and landscape architecture consulting services such as:
• Archaeology / Architectural History / Paleontology
• Architectural Design and Drafting
• Building Commissioning (LEED)
• Certified Access Specialist (CASP) Certification
• Cost Estimating
• Electrical Engineering
• Environmental Planning Services
• Industrial Hygiene, Hazardous Material, Lead and Asbestos Compliance • Landscape Architecture
• Plumbing and Mechanical Engineering
On April 5, 2022, a Request for Qualifications (RFQ) #22-753 for Architectural and Landscape Architectural Consulting Services was issued. Three (3) firms submitted all the necessary information prior to the deadline noted in the RFQ.

Based upon the procedures identified in the City’s adopted Purchasing Policy 15-04 and the requirements of the California Government Code, Chapter 10, Section 4526 for the selection of professional service contracts, the proposals were reviewed and rated in accordance with the AGENDA ITEM: Consent 10
consultant selection procedures identified in the RFQ. Consultant proposals were evaluated based upon their demonstrated competence, knowledge of local conditions, past performance, and their professional qualifications necessary for the performance of the services required.

STAFF RECOMMENDATION:

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

Various / To be determined
Submitted by: Nick Bartsch Title: Senior Project Manager Date: May 26, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve the Quitclaim Deed for a storm drain detention facility easement located on property west of Retherford Street and south of the Corvina Avenue alignment to Quest Equity, LLC.; and authorize the City Manager to sign the respective Certificate of Conveyance.

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

In conjunction with development of the Tulare Outlet Mall in 1995, Martin & Martin Properties, LP provided an easement to the City for the purposes of locating a storm drain detention basin and storm drain lines for the conveyance of storm water on their property. In 2005, the City of Tulare entered into an agreement with Martin & Martin Properties, LP regarding the sale of property to the owners of the Tulare Outlet Mall to facilitate its future expansion. Per the terms of that agreement, the City acknowledged that the existing storm water detention basin on the property would need to be relocated to facilitate the sale and subsequent development of the property. The agreement further recognized the benefit to the City of the continued regional commercial development of the property, and committed the City to relocating the existing storm drain detention basin. Following the relocation, the City was to issue a quitclaim deed to Martin & Martin Properties, LP, or a successor owner for those portions of the easement that were no longer required.

1. 1995 Grant of Easement to the City from Martin & Martin Properties, LP

2. 2005 Agreement between the City and Martin & Martin Properties, LP

3. Quitclaim Deed for subject property

4. Certificate of Conveyance for Quitclaim Deed
AGENDA ITEM: Consent 11
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 26, 2022 City Manager Approval: ____________

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Quitclaim Deed dated June 7, 2022, from the City of Tulare, a Municipal Corporation of the State of California, to Quest Equity, LLC, a Nevada Limited Liability Corporation, was duly conveyed by the City Council of the City of Tulare on June 7, 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 Conveyance to be recorded with the Quitclaim Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution initiating proceedings for the formation of Assessment District 2022-01 for the Fernjo Estates subdivision and setting June 21, 2022, as the date for the public hearing to consider the formation of same.

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

The Owners and Developers of the approved Fernjo Estates tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located on the east side of Mooney Boulevard south of Clover Meadow Avenue approximately ¼ mile south of Bardsley Avenue. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries, • supplemental maintenance of local streets within the district boundaries, and • maintenance and regulatory compliance measures associated with the storm drainage basin serving the area within the district boundaries.

A public hearing is required and is requested to be set for June 21, 2022. Adoption of the attached resolution is the initial step in the formation of the assessment district.

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 26, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 12
RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
INITIATING PROCEEDINGS FOR ASSESSMENT DISTRICT 2022-01 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
BE IT RESOLVED, the Council of the City of Tulare, as follows, to wit:

Section 1. The City Council proposes to form an assessment district pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highway Codes) for the following improvements:
2022-01: maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, maintenance of local streets, and maintenance of the storm drainage basin serving the area within the district boundaries.

Section 2. The proposed district shall be designated Assessment District 2022-01 and shall include the land shown on the map designated, “Assessment Diagram”, as attached.

Section 3. The City Engineer of the City of Tulare is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the City Engineer to prepare and file with the City Clerk a report in accordance with Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972.

Section 4. On June 21, 2022, at the hour of 7:00 p.m., or shortly thereafter, the City Council will conduct a public hearing to receive testimony regarding the establishment of Assessment District 2022-01 and subsequent assessment of fees.

The hearing will be held at the meeting place of the City Council located at the Tulare Public Library and Council Chambers, 491 North M Street, Tulare, California.

Section 5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED, AND ADOPTED this 7th day of June, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

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

By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve four (4) Grant Deeds to the State of California for City-owned property required for the construction of a new interchange on Highway 99 at International AgriCenter Way, and authorize the City Manager or his designee to sign a Certificate of Conveyance for the same.

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

On May 3, 2011, City Council accepted an Irrevocable Offer of Dedication By Gift of Real Property from Mr. Manuel Faria and Mrs. Dollie Faria for property to be used for the construction of a new freeway interchange on Highway 99 at the International Agri-Center Way alignment (formerly, Commercial Avenue). The real property dedicated consisted of approximately 30.34 acres. Caltrans, acting as the lead agency on the International AgriCenter Way Interchange Project, is currently in the process of finalizing the property acquisition needed to construct the project. The attached Grant Deeds would convey the City property required for the project to the State of California.

Copies of the grant deeds and the certificates of conveyance are attached.

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 26, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 13

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated June 7, 2022, from the City of Tulare, a Municipal Corporation, to the State of California, was duly conveyed by the City Council of the City of Tulare on June 7, 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 Conveyance to be recorded with the Grant Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

OFFICE OF THE CITY CLERK

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

OFFICE OF THE CITY CLERK

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Easement Deed dated June 7, 2022, from the City of Tulare, a Municipal Corporation, to the State of California, was duly conveyed by the City Council of the City of Tulare on June 7, 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 Conveyance to be recorded with the Easement Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve the final map and subdivision improvement agreement for Phase 1 of the Liberty Hill Subdivision for recordation, and accept all easements and dedications offered to the City.

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

Planning Commission Resolution No. 5288 adopted on August 13, 2018 approved the tentative subdivision map for the Liberty Hill Subdivision located on the northwest corner of Bardsley Avenue and West Street. The 384-lot single family residential subdivision comprises approximately 79.5 acres to be constructed in 3 phases.

A copy of the Planning Commission Resolution No. 5288, the subdivision improvement agreement, and the final map are attached for reference.

STAFF RECOMMENDATION:

Approve the final map and subdivision improvement agreement for Phase 1 of the Liberty Hill Subdivision for recordation, and accept all easements and dedications offered to the City.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

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 27, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 14
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,

NO RECORDING FEE REQUIRED
ln the matter of the Approval of )
The Subdivision Map of )
Liberty Hill Phase 1, in the )
City of Tulare, County of Tulare, )
State of California )

AGREEMENT AND UNDERTAKING FOR

I NSTALLATION AND CONSTRUCTION

OF SUBDIVISION IMPROVEMENTS

SUBDIVISION AGREEMENT
FINAL MAP OF LIBERTY HILL PHASE 1
THlSAGREEMENTismadethis-dayof-'2022,byandbetween
the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and Century Communities of California, a Delaware Limited Liability Gompany located at 7330 N. Palm Avenue, Suite 106 Fresno, CA 9371 1, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk's Certification hereafter.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter "Subject Property") as follows:

Parcel B and C of Parcel Map No. 5310, in the City of Tulare, County of Tulare, State of California, as per Map recorded in Book 54, Page 17 of Parcel Maps, in the Office of the County Recorder of said County.

B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.

C. Subdivider desires and agrees to complete the improvements required by Resolution 5288 for APPROVING TENTATIVE SUBDIVISION MAP 2018-12.LIBERTY HILL AND ADOPTING A MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO, 2018.01, ZONE AMENDMENT NO. 728 AND TENTATIVE SUBDIVISION MAP 2018-12-LIBERTY HILL dated August 13,2018 and any amendments thereto, hereinafter referred to as "Conditions of Approval," within the time hereinafter specified.

D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a part of this Agreement.

Subdivision Agreement
Final Map of Liberty Hill Phase 1
1 AGREEMENT
ln consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) lf required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price lndex figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. lf all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) lncorporation of lmprovements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter "lmprovements"), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Requlations. All lmprovements shall be completed in accordance with the City of Tulare Design Guidelines and Public lmprovement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All lmprovements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these lmprovements, are set forth in Exhibit "A".
6) Requirements for Buildinq Permit lssuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City's Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, v) Fully functionalstorm drainage lines and facilities, vi) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer's approval provided by the Subdivide/s licensed engineer or surveyor verifying same, and
Subdivision Agreement
Final Map of Liberty Hill Phase 1
2 vii) All lot corners marked
b) Subject to completion of the minimum required subdivision improvements listed in subsection (a) above, buiHing permits may be issued on up to 50% of the lots of the Subject Property, provided that issuance of said building permits is in accordance with the Planning and Building Department's policies and procedures in effect at the time the permit is requested. c) Building permits may be issued on up to 75% ol the lots in the subdivision in accordance with the Planning and Building Department's policies and procedures in effect at the time the permit is requested, provided that:
i) the minimum required subdivision improvements listed in subsection (a) above have been completed,
ii) an overall subdivision improvement completion percentage of 90% as determined by the City Engineer has been met, and
iii) all public safety items have been completed, including, but not limited to: signage, pavement markings, street lighting, and pond fencing.
d) The final 25o/o of the building permits for the lots of the Subject Property shall not be issued until a Notice of Completion has been filed for the required public improvements required by this Agreement.
e) lf a Notice of Completion has not been filed for the required lmprovements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, regardless of the number of building permits previously issued. 0 Building permits shall not be issued in any subsequent phase of a multi-phased subdivision until a Notice of Completion has been filed for the previous phase. g) Except as allowed by the City's Model Home Policies, no occupancy shall be allowed for any building permit issued on any lot of the Subject Property until all requirements listed in subsection (c)above have been satisfied.
7) Estimate Reimbursements for Certain lmprovements. ln connection with the amounts set forth in Exhibit "A", City has made its best faith efforts at predicting the amounts to be credited as reimbursements for lmprovements that will benefit other properties. Subdivider agrees these figures represent City's best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit "B". 8) Fee Credit Adiustments. Subdivider may receive designated fee credits on development impact fees charged for building permits issued to the Subdivider, up to a maximum of 50% of the estimated value of oversize reimbursements identified in Exhibit "B". Any such credits provided shall be accounted for in the balance of reimbursements owed to the Subdivider identified in any subsequent Oversized Construction Reimbursement Agreement between the City and the Subdivider. Following execution of an Oversized Construction Reimbursement Agreement between the City and the Subdivider, Subdivider may receive designated fee credits on development impact fees charged for building permits issued to the Subdivider up to the full amount of reimbursements owed. ln the event that the value of credits issued on building permits exceeds the allowable reimbursements due to the Subdivider per Chapter 8.64 of the Tulare City Municipal Code, the Subdivider shall promptly pay to the City the balance of development impact fees owed. Subdivider acknowledges and agrees that any such fee credits provided are contingent upon City accepting required infrastructure improvements completed by the Subdivider. City may enforce recovery of such fees in any manner available at law Subdivision Agreement
Final Map of Liberty Hill Phase 1
3 or in equity
9) Securitv. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit "A". Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as oblige, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City's recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1 ) year after the recording date.
b) Payment (Labor and Materials) SecuriV. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said lmprovements and all persons furnishing labor, materials or equipment to them for said lmprovements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the City's recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 10) Damaqe Prior to Final Acceotance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
11) Remedv of Defects. Subdivider shall remedy any defective work, labor or materials related to the lmprovements, and shall pay City for any damage to the lmprovements resulting therefrom, which occur within a period of one year from the date of final acceptance of the lmprovements by City. Prior to final acceptance of the lmprovements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit "A", and shall be released one year following final acceptance, less any amount required to remedy defective work. 12) lndemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiffs or petitioner's aftorney's fees if awarded, in connection with City's defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with; (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the lmprovements by Subdivision Agreement
Final Map of Liberty Hill Phase 1
4 Subdivider and Subdivider's employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or lmprovements; or (v) City's granting, issuing or approving use of this Agreement.
b) Subdivider's obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers. c) lf Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a)" and "b)" of this Section.
13) lnsurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California lnsurance Commissioner to do business in the State of California and rated not less than 'A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. lnsurance requirements, including coverage types and amounts, are attached hereto in Exhibit "D". lf at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected.

All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.

Evidence of lnsurance provided by Subdivider and his/her/its, insurer shall clearly state that the insurer shall endeavor to provide written notice to the City at least thirty (30) days prior to their termination or suspension of insurance coverage.
14) Compaction and Materials Testinq. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public lmprovement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 15) lnspections. City shall inspect all lmprovements. All lmprovements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public lmprovement Standards. ln the event there are no applicable Design Guidelines and Public lmprovement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
16) Compliance with Law. ln performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes.

Subdivision Agreement
Final Map of Liberty Hill Phase 1
5 17) Prevailinq Waqes. Subdivider shall
a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific lmprovements for which Subdivider receives credits or reimbursements as identified in Exhibit "B', if any, and
ii) those lmprovements, if any, that are "public works" under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the "PW lmprovements"). 18) Enforcement of Obliqations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 19) Limitations of Leoal Acts. Except as provided by the Section entitled "Attorney's Fees and Legal Expenses," in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider's sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
20) Attorney's Fees and Leqal Expenses. lf either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
21) Obliqation Runninq With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
22) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
23) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code 51654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncerlainty to exist. 24) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 25) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder.

Subdivision Agreement
Final Map of Liberty Hill Phase 1
6 26) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 27) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit "C", attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. lN WTNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE
a Municipal Corporation

CENTURY COMMU OF CALIFORNIA,
LLC,
Marc Mondell, City Manager
Print Name : W. Allen Bennett
nre: Vic€ President
ATTEST
Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)
Subdivision Agreement
Final Map of Liberty Hill Phase 1
7 Notary Public or other otficer completing this certificate verifies only the identity of the individual who signed document to which this certificate is attached and not the truthful accu or valid of that document.

CALIFORN IA ALL-PU RPOSE ACKNOWLEDGM ENT
State of California
County of Fresno
On May 17, 2022 before me, Patricia L. Gavello, Notary Public, personally appeared W. Allen Bennett, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WTNESS my hand and officialseal.
t
Signature of Notary Public
8 @
PATRICIC L. GA\ELIO
NOTANY PUBUC . CAIJFORN!\
coMMlssloN # 2383986

FRESNO COUNW
Myoorm. fu. t'tovenrbe 21, A!20

SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 20_], in the office of the Tulare County Recorder, as Document No. {Doc. No. ) of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its thereto to the foregoing {lnsert fgl! name of Agreement, e.g. Subdivision Agreement for [including Addendum to Subdivision Agreement for Rights of Way Acquisition]].

DATED 20

BENEFICIARY
By:
ment information, Name, Title
and attach ment)
the of
Subdivision Agreement
Final Map of Liberty Hill Phase 1
p
c
9 On
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Tulare
before ffi€, , Notary Public, personally
who proved to me on the basis of satisfactory evidence
to be whose name(s) is/are subscribed to the within instrument and acknowledged to me that the same in his/her/their authorized capacity(ies),
and that re(s) on the instrument the person(s), or the entity upon behalf of which the person(s) the instrument.

I certifu under RY under the laws of the State of California that the foregoing paragraph is true and
WITNESS my hand and officialseal.

Signature of Notary Public
o
Subdivision Agreement
Final Map of Liberty Hill Phase 1
10 EXHIBIT IIAII
Estimated lmprovement Costs & Security Requirements
LIBERTY HILL PHASE 1
* For a singte combined performance and payment bond, bond amount shatl equal the atgebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

Bond Type Required Bonding
Amount
Performance Bond Amount*
(10oA of Completed Work + 1OO% of Uncompleted Work)
Payment Bond Amount*
(50% of Uncompleted Work)
Maintenance Bond Amount**
(10% of Required lmprovements )
56,726,989.22
s3.363.494.61
s672.698.92

EXHIBIT IIBII
Estimated Oversize lmprovement Costs
LIBERTY HILL PHASE 1
Item
Total Estimated
Cost of Oversize
lmprovements
Sewer System lmprovements, including but not limited to:

Street Name: Bardstev Avenue
Materiat Cost for Supptemental Sewer Main Size (30" vs. 8") Material Cost for Supptemental Sewer MH Size (Type ll vs Type l) Storm Drain System lmprovements, including but not limited to:

Street Names: Maricopa Street, Gtorv Avenue. Anthem Avenue Regional storm drain mains (30" diameter)
Regional storm drain manhotes (Qty. = 3)
Ponding Basin (Excavation, Fencing, exctudes Land Acquisition Costs) Water System lmprovements, including but not limited to:

Street Name: Bardstev Avenue
Materiat Cost for Supplemental Water Main Size (12" vs. 8") Material Cost for Supplementat Tee Size (12" vs. 8")
Material Cost for Supptemental Gate Valve Size (12" vs. 8") Material Cost for Supptemental 45'Bend Size (12" vs. 8") Street lmprovements, including but not limited to:

Street Name: Bardslev Avenue
Material Cost Within 22'5t Width
(Struct. Sec. 4"AC/8"AB vs 7"AC/17.5"A8)
Materiat Cost Between22'- 46'Street Width
(Futt Structural Section 7" AC / 17 .5 ABl
MateriatCost Between 46'- 50'Street Width
(Structurat Section 4"ACl8"A8) Remainder is Benefit District Etigibte.

Total Estimated Oversize Costs
s 383,461.52
s 936,694.08
5 368,620.00
s 14,841.52
5 454,728.46
5 70,897.38
5 t 5,716.70
s 368,114.38
528,464.97
522,820.24
1,170.00
s4,039.15
435.58
570,039.1 3
5 t 6,811.69
5 53,227.44
5 s

EXHIBIT IICII
LIBERry HILL PHASE 1
Account No.

Transaction No. R/C No. Description of Charge Quantity Unit Cost Total Amount 001-3247-001
010-3265
010-3270-3
010-3270-004
014-3267
015-3265
01 0-3265
001 -3265
001 -3252-002
001 -260-
001-260
001 -260-053
001-3249-
001-260-055
001-3266-000 1611
oo1-3120-2 1252
lnspection, T esting ond C onstructi on :

Public lnspection Fee 1
Backftow Test 1
Water Pressure Test 1
Water Purity Sampte 26
Sewer Tap
Front Foot Fees
Sewer Front Foot
Water Front Foot
Street Front Foot
Benefit Districts
Benefit District Creation
Storm Drain Benefit District
T.l.D. Benefit District
(Monterey Estates 1 )
ln-Lieu Fees
T.l.D. Ditch Piping
Storm Drain Acreage
Off-site Street lmprovements
Non-Bonded Imp rovements
Street Signs (Street Names) 30
Other
Street Easement/Abandonment
TOTAL

LESS PREVIOUSLY PAID

LESS CREDITS
M\OUNT DUE
5137,637.85 5137,637.85
565.00 S6s.00
5246.00 5246.00
5211.00 s5,486.00 517s.oo 5o.oo
526.00
51 7.50
51,356.00 50.00
50'00
51 32,296.7 8 5132,296.7 8

50.00 s0.00

50.00 s0.00
5257.00 57,710.00

50.00 5283,441.63

50.00 50.oo
5283,441.63
1391
3060
3073
3074
3430
3420
3060
9260
1472
9260
9260
9260
141
9260
s-29
s-37

50.00 50.00
s0.00
1 EXHIBIT "D"
Minimum lnsurance Requirement, Converge Types, and Amounts LIBERTY HILL PHASE 1
Coverage Afforded Limits of Liability
Worker's Compensation :

Commercial General Liability lnsurance lncluding:
a) Products & Compteted Operations
b) Btanket Contractual
c) Exptosion, Cottapse & Underground Hazard
Automobile Liability lnsurance including:
a) Non-owned
b) Leased
c) Hired Vehictes
Statutory
52,000,000 Bodity lnjury and
Property Damage, Combined
Single Limit
52,000,000 Bodity lnjury and
Property Damage, Combined
Singte Limit
RESOLUTION NO. 5288 !'ft. t
A RESOLUTION OF THE CITY OF TULARE PLANNING COMMJSSION e11p )' APPROVING TENTATIVE SUBDIVISION MAP 2018-12- LIBERTY HILL AND

ADOPTING A MITIGATED NEGATIVE DECLARATION GENERAL PLAN
AMENDMENT NO. 2018-01, ZONE AMENDMENT NO. 728 AND TENTATIVE SUBDIVISION MAP 2018-12- LIBERTY HILL
WHEREAS, the City of Tulare Planning Commission at a regular meeting on August 13, 2018 held a public hearing, received public testimony, and considered a request by Central Pacific Development Group to subdivide approximately 79.5 acres into a 384-lot single family residential subdivision on property located on the northwest comer of Bardsley A venue and West Street APN 168-090-006); 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 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 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, acquired by the public at large, for access through or use of the property within the proposed subdivision; and,
WHEREAS, an Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant environmental impact with mitigation measures incorporated; and, WHEREAS, the City of Tulare Planning Commission determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and,
----- ---------- Page 1 - - - -------- --- Resolution 5288 Tentative Subdivision Map- 2018-12- Liberty Hill
WJIEREAS, the City of Tulare Planning Commission considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the profrct will have a significant effect on the environment with mitigation measures incoi:poi:ated; and,
WHEREAS, the City of Tulare Planning Commission determined that the proposed Mitigated Negative Declaration reflects the independent judgment of the lead agency, and,
NOW, THEREFORE, BE IT RESOLVED, that the Mitigated Negative Declaration prepared for General Plan Amendment No. 2018-01, Zone Amendment No. 728 and Tentative Subdivision Map 2018-12- Liberty Hill is hereby adopted by the City of Tulare Planning Commission.

The IS/Mitigation Negative Declaration is attached hereto as Exhibit "A" and incorporated as fully set forth.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented:

1. That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

2. That the proposed location of the Tentative Subdivision Map and the conditions under which it would be built or maintained will not be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity.

3. That the proposed Tentative Subdivision Map will be in keeping with existing and future land uses on the site.

BE IT FURTHER RESOLVED, that the Planning Commission hereby approves Tentative Subdivision Map 2018-12, subject to the following:
1) Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map.
2) Applicant shall comply with Engineering, Fire Department, Parks and Solid Waste Division comments/conditions (Attachments VI, VII, VIII and IX).
3) All mitigation measures identified by the Mitigated Negative Declaration prepared for the Liberty Hill Tentative Subdivision Map and adopted within Resolution 5288 shall be incorporated and required as conditions of approval.
- ----- --- ----- - Page 2
Resolution 5288
Tentative Subdivision Map- 2018-12- Liberty Hill
4) The existing Tulare Irrigation District (T.I.D.) ditch along the west side of West Street shall be piped. The proposed method of piping shall be subject to both T.I.D. and City approval.
5) Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site. 6) Final acceptance of the tract shall be contingent upon the sub dividers providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works/Engineering Department.
7) Applicant shall establish a landscape maintenance district prior to the recordation of the final map. All landscape plans within the landscape maintenance district shall be constant with city standards and approved by the Community and Economic Development Director and/or Community Services Director.
8) Applicant shall record a note on final map indicating that all residential lots are subject to a landscape maintenance district pursuant to the Landscape and Lighting Act.
9) Applicant shall record a document notifying homeowners that the subject property is within a landscape maintenance district.
10) Applicant shall submit four copies of a landscape and irrigation plan consistent with the City's landscape ordinance.
11) Six-foot public utility easements shall be granted along all front yards as required for public utilities.
12) Final subdivision map shall depict all easements.
13) The applicant shall comply with the requirements of the Public Works Director and City Engineer regarding sewage disposal and water supply facilities.
14) All lots shall meet the provisions of the applicable zoning district. 15) Street names will be consistent with street names approved by the Street Naming Committee, and approved by the Community & Economic Development Director.
16) Applicant to record a "Right to Farm" notice on final map. - - - ----------- - - Page 3 ---------------
Resolution 5288
Tentative Subdivision Map-2018-12- Liberty Hill
17) A 7-foot block wall is required along West Street, Bardsley A venue, the western boundary of the proposed development and along any lot boundaries which are adjacent to the proposed ponding basin. Final block wall design is subject to the Community & Economic Development Director's approval.
18) Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction. 19) Applicant to comply with San Joaquin Valley Air Pollution Control District Rule 9510 for the final map.
20) Recording of the final map is subject to the approval of General Plan Amendment No. 2018-01 and Zone Amendment No. 728.
21) Applicant to provide and locate mailbox clusters as approved by the U.S.

Postmaster, Tulare.
22) The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions.

Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, beings as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later changing such exactions.
23) Applicant to provide a retaining wall where ever adjacent lot grades exceed six inches.

Engineering:

The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, begins as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later challenging such exactions.
- ----- - ----- - -- Page 4 --------------- Resolution 5288 Tentative Subdivision Map- 2018-12- Liberty Hill
SOILS:

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

The Subdivider shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90% relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall be compacted to 95% relative compaction. Compaction tests are required on all trenches. All soils testing shall be performed at the sole cost of the Subdivider.

The Subdivider shall establish an account with a licensed and certified soiltesting firm acceptable to the City Engineer prior to the start of construction for compaction testing of trench backfill and fills. The City shall order and direct all compaction tests.

STREETS:

Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards. Arterial street widths and design traffic indices shall be as noted in Attachment "A."
The structural section of all streets shall be not less than the minimums requirements of the City of Tulare Design Guidelines and Public Improvement Standards. A greater thickness may be required by soils test results and engineered structural section calculations. The design of the pavement structural section for streets shall be asphalt concrete over aggregate base materials.

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

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

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

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

Knuckles and transition curves to knuckles shall have 50-foot radii for streets with parkways and 49-foot radii for streets with adjacent sidewalks. --- ----------- Page 5
Resolution 5288
Tentative Subdivision Map- 2018-12- Liberty Hill
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 requirements of City Code and the City of Tulare Design Guidelines and Public Improvement Standards.

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

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

The maximum slope adjacent to the back of any public sidewalk shall not exceed 5: 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 City of Tulare Municipal Code, "each street intersection shall be as near to a right angle as practicable." If work by the Subdivider 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 Fngineer. Thenceforth, the Sllbdivider shall maintain the street in its repaired state for the duration of the development's construction activities.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. Within 90 days following the notice of ------- ----- - - Page6 - ------------ - Resolution 5288 Tentative Subdivision Map- 2018-12- Liberty Hill
completion of the prvJect, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

UTILITY RELOCATIONS AND UNDERGROUNDING REQUIREMENTS:

The Subdivider shall be responsible for all costs associated with the removal, relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements. All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.160 (8) 3 of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the subdivision bonds.

SANITARY SEWERS:

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

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

STORM DRAINAGE:
------------- - Page 7 --------------
Resolution 5288
Tentative Subdivision Map-2018-12- Liberty Hill
The storm drain system shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

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

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

The minimum fall around curb returns shall be 0.3 foot.

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

FIRE HYDRANTS:

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

EASEMENTS:

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

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

WATER SUPPLY:

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

Resolution 5288 Page 8
Tentative Subdivision Map- 2018-12- Liberty Hill
Water services shall be installed to the property line of all lots before the streets are surfaced. SeNices 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 seNices that will accommodate ultimate driveway approach locations.

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

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

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

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 Subdivider 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 Subdivider shall install and/or replace traffic striping, pavement markers, and pavement markings as required by the City Traffic Engineer. - ------------- Page9 ---- --- ------- Resolution 5288
Tentative Subdivision Map- 2018-12- Liberty Hill
STREET LIGHTS AND ELECTRICAL SERVICE:

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

GAS SERVICE:

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

PRIVATE IRRIGATION PIPELINES: I
Existing private irrigation pipelines will need to be removed within street right of ways.

IRRIGATION CANALS:

The existing Tulare Irrigation District (T.I.D.) ditch along the west side of West Street shall be piped and shall be so designated on the plan drawings. The proposed method of piping shall be subject to both T.I.D. and City approval, and shall be shown on one of the master plans if full piping does not occur within the first phase.

TELEPHONE/CABLE:

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

EXISTING STRUCTURES:

Any existing structures within the subdivision boundary shall be removed .

WELLS:

Any existing wells on the site shall be ahanclonP.rl .=rnd sealed in accordance with City standards.

ELEVATIONS:

Any elevations shall be based on the official City of Tulare datum. _____ _ ______ __ Page
Resolution 5288 10
Tentative Subdivision Map- 2018-12- Liberty Hill
GENERAL CONDITl<..11-.JS:

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

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

ADDITIONAL REQUIREMENTS:

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

Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the 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.

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

The Subdivider'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 Subdivider shall submit to the City copies of their contractor's bid prices to be reviewed and approved by the City Engineer. Such work must be performed at prevailing wage rates to be eligible for reimbursement. If the Subdivider fails to obtain approval of reimbursable costs before the start of construction, the City reserves the right to reduce the reimbursable cost if deemed excessive by the City Engineer.
_ ___ ___ _ _____ _ Page
Resolution 5288 11
Tentative Subdivision Map- 2018-12- Liberty Hill
Prior to the start of construction, a meeting will be called by the City Engineer with the Subdivider, 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 the filing a Notice of Intent with the State Water Resources Control Board under the General Permit to discharge storm water associated with construction activity, the preparation of a storm water pollution prevention plan, and monitoring program.

For traffic improvements identified in the Traffic Impact Study prepared by JLB Traffic Engineering, Inc, the following requirements shall be installed as part of Phase 1:

1. The intersection of Bardsley Avenue and West Street shall be modified to provide a dedicated southbound left-turn lane, and a combined southbound thru/right-turn lane.

2. Median improvements shall be constructed in West Street at the proposed intersection of West Mayberry Avenue. The median shall be designed so as to prevent eastbound leftturns from West Mayberry Avenue onto West Street, and shall allow for northbound leftturn movements from West Street to West Mayberry Avenue. Eligible costs associated with the construction of median improvements would be subject to the oversize reimbursement policies established by the City Municipal Code.

3. Other project impacts identified in the Phase 1 Scenario of the Traffic Impact Study shall be mitigated through the payment of development impact fees.

The following traffic improvements shall be installed in subsequent phase:

4. A traffic signal warrant study for the intersection of Bardsley Avenue and West Street shall be required in conjunction with the submittal of final maps for future Phases 2-4 of the Liberty Hill tentative map. If signal warrants are found to be met with one of the future phases, the Developer shall be required to install a traffic signal as a condition of final map approval. Eligible costs associated with the installation of said traffic signal would be subject to the oversize reimbursement policies established by the City Municipal Code.

5. An all-way stop warrant study for the intersection of Sonora Avenue and West Street shall be required in conjunction with the submittal of final maps for future Phases 2-4 of the Liberty Hill tentative map.

6. Other project impacts identified in the Buildout Scenario of the Traffic Impact Study shall be mitigated through the payment of development impact fees.

ATTACHMENT "A"
The engineering considerations checked below shall be made a condition of approval of the subject subdivision.
1) A master plan for street layout for the entire development shall be submitted for approval prior to approval of any portion thereof.
2) Roadway design criteria shall be as indicated below. Structural section design shall be based upon the indicated traffic index, but shall not be _______________ Page
Resolution 5288 12
Tentative Subdivision Map- 2018-12- Liberty Hill
less than the minimum requirements of the City of Tulare Design Guidelines and Public Improvement Standards:

Sidewa
Traffic lk Sidewalk
Roadway Classification Index Width Configuration
a) Bardsley Avenue 96' Minor Arterial 10 ft Multi-use Path b) West Street 84' Minor Arterial 6 ft Parkway
c) Windward Street 72' Collector 5 ft Parkway
Alpine Avenue
d) between Maricopa 60' Collector 5 ft Adjacent and Windward Streets
e) Maricopa Street 60' Collector 5 ft Parkway
f) Local Streets 56' Local Street 5 ft Adjacent
g) Cul-de-sacs 52' Cul-de-sac 5 ft Adjacent
■ The Subdivider shall be responsible for the following minimum Arterial improvements:
■ Full paveout from lip of gutter to the existing edge of pavement ■ Reconstruction of the following portions of existing pavement:

North half of Bardsley Avenue along project frontage.
■ Install medians (curbing only) within the following frontages:

West Street if Elm Avenue connection remains.

D Provide at least feet of paving on the opposite side of the median
■ Provide stabilized shoulders on the opposite side of the street in accordance with the City of Tulare's adopted PM-10 control guidelines
■ Provide a pavement transition from the existing roadway crosssection to the new roadway cross-section, of a width and length as approved by the City Traffic Engineer
D Other:

D The Subdivider shall be responsible for the following minimum improvements along existing non-arterial streets adjacent to this development:

D Full paveout, from lip of gutter to the existing edge of pavement D Reconstruction of the following portions of existing pavement:
________ ______ Page
Resolution 5288 13
Tentative Subdivision Map- 2018-12- Liberty Hill
D Rehabilitation of the following portions of existing pavement, by methods approved by the City Engineer
D Other:
3) Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: Bardsley Avenue, West Street. project entrances on Elm Avenue, Windward Street and Mendocino Street.
4) Waiver of direct access rights shall be provided as follows : Bardsley Avenue, West Street. project entrances on Elm Avenue, Windward Street, Mendocino Street and Lots 356-364 backing lot frontages . 5) The Subdivider 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. A street tree and landscape master plan for all phases of the subdivision will need to be submitted with the initial phase to assist City staff in the formation of the landscape and lighting assessment district.
6) A Landscape & Lighting District will maintain common area landscaping , common area irrigation systems, common area block walls, street trees, street lights and local street maintenance. The Subdivider shall submit a completed Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minimum of 75 days before approval of any final map or related parcel map. Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District at time of final map approvals.
7) A master plan for sanitary sewer for the entire development shall be submitted for approval prior to approval of any portion of the system.

Sewer for the development shall be directed to the intersection of Bardsley Avenue and Windward Street. The project shall construct a 30" diameter master plan sewer main in Bardsley Avenue between Windward Street and a point of connection to an existing 12" diameter sewer main located in the Gemini Street alignment west of the proposed project site. The development will also be responsible for paying in-lieu fees for its fair share of an 8" diameter sewer main in Bardsley Avenue between Windward Street and West Street.
8) The sanitary sewer alignments shall be 6 feet north and/or east of street centerline, unless other alignments are approved by the City Engineer. 9) A master plan for slor111 uraim1ye for the entire development shall be submitted for approval prior to approval of any portion of the system. A regional storm water retention basin shall be constructed with this project, and shall be sized to accommodate the drainage requirements of both the proposed project and an adjacent 66.27 acres north of the project site that is CL!rrently directed to a temporary drainage basin. The proposed project shall complete the connection to the existing storm ____ ___ _______ Page
Resolution 5288 14
Tentative Subdivision Map- 2018-12- Liberty Hill
drain system so as redirect drainage from the temporary basin to the new regional basin.
10) A grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road frontages in such a manner that runoff is not diverted to adjacent property.

A letter verifying that lot grading was completed In accordance with the approved grading/ drainage plan shall be prepared by a Registered Civil Engineer or Licensed Architect and submitted to the City Engineer prior to the issuance of a notice of completion. The Engineer or Architect shall affix their stamp and seal to the letter. 11) The storm drain alignments shall be 11 feet south and/or west of centerline unless other alignments
are approved by the City Engineer.
12) A master plan for water for the entire development shall be submitted for approval prior to approval of any portion of the system. 13) The water main alignments shall be 6 feet south and/or west of street centerline, unless other
alignments are approved by the City Engineer.
14) A water sampling station shall be installed per the direction of the City Public Works Director.

ATTACHMENT "B"
The Subdivider 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 West Street.

D 2) Sewer Lift Station Fee of$ _ _ per acre.
■ 3) Water front foot charges:$ 17.50 per front foot for frontages on West Street.
□
■
4) Street front foot charges: $ __ per front foot for frontages on __ 5) Benefit District Creation Fee (if applicable): $ 1,008. 19 per district. ■ 6) Other: Benefit District fees owed for share of T.I.D. ditch piping completed by Monterey Estates subdivision along northern boundary of development.
_ _____ ________ Page
Resolution 5288 15
Tentative Subdivision Map- 2018-12- Liberty Hill
Special In-Lieu Fees
D 6) Traffic Signals Fee: $ __
0 7) TIO Ditch Piping Fee: $ __
■ 8) Sewer Main Fee: $ TBD. Bardsley Avenue frontage fair share cost of 8" sewer main for length of frontage where sewer is not installed by project.

D 9) Water Main Fee: $ __
D 1 0)Street Fee: $ __
D 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)Oevelopment 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.

Fire:

1. The project must comply with latest applicable codes.

2. When any portion of the facility or buildings to be protected is more than 400 feet from an existing hydrant, on a fire apparatus access road as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

3. Additional fire hydrants shall be required. Fire hydrant spacing shall be as follows:
a. Residential development, one hydrant shall be installed at 500-foot intervals.

4. An approved water supply for fire protection shall be made available prior to combustible materials arriving on the site.

5. An approved fire apparatus access road shall be provided for every facility, building or portion of a building constructed or moved into or within the City of Tulare. It shall extend to within 150 feet of all portions of the facility and all portions on the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility. The road shall be a minimum of 20'wide and have a minimum of20' wide and have a mimumum height clearance of 13'6" ___ ____________ Page
Resolution 5288 16
Tentative Subdivision Map- 2018-12- Liberty Hill

6. All roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities.

7. Additional access may be required per CFC 2013 Chapter 5. The Fire Code Official is authorized to require more than one fire apparatus success road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Areas identified as "Fire Lanes" must be identified as such per requirements set forth in the California Vehicle Code. a. Through access must be provided at all of the following roads: West, Napa, Maricopa, and Elm.

8. All dead-end access roads in excess of I SO feet must be provded with an approved turnaround complying with City standards. a. A site plan identifying all of the phases of this project will assist in avoiding the construction of any dead end roads.

Solid Waste:

1. Revisions required prior to submitting final plans. See comments below.

2. Customer responsible for setting cans out for service by 6:00 am and removing cans from curb, gutter, or alley on the same day after serviced. Customer is responsible for any violations.

3. Mandatory Commercial Recycling AB 341. All Commercial Businesses, Multi Family and Residential customers must have a blue recycle Bin, Roll Off, or Can for clean paper, cardboard, cans, bottles etc.

4. Customer is required to flatten, breakdown all cardboard and other bulky recyclables in blue containers. Customer is responsible for any contamination in containers and all fines and charges resulting from contaminated recyclables.

5. Mandatory Food Waste and Compost Recycling AB 1826. Green 96 gallon containers for yard waste/food scraps required. Additional storage area attached to enclosure to store up to 3-96 gallon cans as option shown on enclosure specs is required.

6. Paved areas should be engineered to withstand a 60,000 lb. refuse truck.

7. Mandatory turnarounds in each phase for refuse trucks. Ha

8. Customer will be required to roll container out to curb/alley for service.

9. Section 7.16.040 of the Tulare Municipal Code prohibits private companies/haulers from providing refuse services without authorization. Roll Off services for construction and demolition, recycling, compost or green waste and metal are to be provided by the City of Tulare Solid Waste Division. Any Private Roll Off companies/haulers used must be listed on the Board of Public Utilities City Resolution Approved Authorized Haulers List, Resolution No. 07-04. ____ ____________ Page
Resolution 5288 17
Tentative Subdivision Map- 2018-12- Liberty Hill
Commercial Frunt Load Bin service in the City of Tulart 1s provided exclusively by the City of Tulare Solid Waste Division only as per Municipal Code (No Exceptions).

Comments:

Any areas requiring the backing of refuse truck into traffic to service container will not be acceptable in any way.

See attached comments.

PASSED, APPROVED AND ADOPTED this thirteenth day of August, 2018 by the following recorded vote:

A YES: ~--rfJ~Li~fu=--,_.,-+)-Ri, <-=· ~--)"'---'--( ~~-· '----1- 7'-'(Qt;~~l 6l1 ""---'-"""L~~~/Yl ______.____,,. ~-+'- ~ -=--<d-' _ NOES: ___ =fS _ ____,,_,__,.....J~ - - - - - ------- --- ABSENT: ca --- ~---- - - - ----- - - - ---- - - - -
ABSTAIN: _ .......... fl--PJL ~• ~ · _ ___ ___ _ _ _ _ _ _ 1 SH MCDONNELL, SECRETARY
C1· y of Tulare Planning Commission

CHUCK GUEL, CHAIRMAN
City of Tulare Planning Commission
______________ Page
Resolution 5288 18
Tentative Subdivision Map- 2018-12- Liberty Hill

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Accept a grant of easement from Hwy 65, LLC, a California Limited Liability Company for public utility purposes associated with the International Agri-Center Way Interchange Project, and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.

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

As part of the International Agri-Center Way Interchange Project on Highway 99, approximately 820 feet of the existing International Agri-Center Way (formally known as Commercial Avenue) will be widened to its ultimate configuration. The widening requires the acquisition of additional right-of-way along International Agri-Center Way, and the reestablishment of public utility easements located behind said right-of-way.

The grant of easement for the re-establishment of the public utility easement along property owned by Hwy 65, LLC on International Agri-Center Way, and the corresponding Certificate of Acceptance are attached for reference.

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 27, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 15

Exhibit “A”

Page 1 of 2 ends

PARCEL 88224-4
That portion of the land described in a Grant Deed to HWY65, LLC, a California Limited Liability Company, recorded November 25, 2013 as document number 2013-0075672 Official Records of Tulare County, more particularly described as follows:

COMMENCING at the southwest corner of Parcel 2 of Parcel Map No. 4367 recorded October 14, 1998 in Book 44, Page 72 of Parcel Maps, in the Office of the Recorder of Tulare County;
THENCE (1) along the westerly line of said Parcel 2 of Parcel Map No. 4367, North 21°49'47" West, 8.42 feet to the POINT OF BEGINNING;
THENCE (2) North 68°07'06" East, 17.40 feet;
THENCE (3) North 23°07'06" East, 5.66 feet;
THENCE (4) North 68°07'06" East, 39.85 feet;
THENCE (5) South 66°52'54" East, 5.67 feet to the beginning of a non-tangent curve concave southerly, said curve has a radius of 2,045.50 feet, to which a radial line bears North 21°42'48" West;
THENCE (6) easterly along said curve through a central angle of 2°01'03" an arc distance of 72.03 feet;
THENCE (7) North 24°23'45" East, 51.04 feet to the beginning of a non-tangent curve concave easterly, said curve has a radius of 726.00 feet, to which a radial line bears South 68°20'51" West;
THENCE (8) northerly along said curve through a central angle of 0°14'31" an arc distance of 3.07 feet;
THENCE (9) South 68°13'26" West, 5.48 feet;
THENCE (10) South 24°23'45" West, 46.98 feet to the beginning of a non-tangent curve concave southerly, said curve has a radius of 2,048.50 feet, to which a radial line bears North 19°36'41" West;
THENCE (11) westerly along said curve through a central angle of 2°16'13" an arc distance of 81.17 feet;
THENCE (12) South 68°07'06" West, 53.59 feet to said westerly line of said Parcel 2; THENCE (13) along said westerly line, South 21°49'47" East, 6.00 feet to the POINT OF BEGINNING.

Exhibit “A”

Page 2 of 2 ends

Containing 934 square feet, more or less.

The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.99996425 to convert to ground distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.

Signature
Professional Land Surveyor
Date January 8, 2021

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement for public utility easement purposes on May 26, 2022, from Hwy 65, LLC, a California Limited Liability Company, 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 June 7, 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 SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution for the summary vacation (“abandonment”) of a temporary access easement associated with Phases 3 and 4 of the Kensington Estates subdivision per Section 8330 (a) of the California Streets and Highway Code.

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

In conjunction with the development of the Willow Glen and Kensington Estate subdivisions located on the northwest corner of Mooney Boulevard and Cartmill Avenue, the City of Tulare constructed a new municipal well and water storage tank. Construction began on the well and water storage tank prior to the development of Phases 3 and 4 of the Kensington Estates subdivision. Since right-of-way dedications had not yet taken place for the public streets within those phases, a temporary access easement was required to allow for the City’s construction and maintenance of the well and water storage tank. Following the recordation of the final map of Kensington Estates Phase 3 with street dedications and subsequent improvements, access to the well and storage tank is now provided by Dorset Street and Greyhound Avenue, making the existing access easement unnecessary.

The resolution for the summary vacation and associated legal description are attached.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A AGENDA ITEM: Consent 16
FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: May 27, 2022 City Manager Approval: ____________
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDER’S USE RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ORDERING VACATION OF A TEMPORARY ACCESS EASEMENT ASSOCIATED WITH THE KENSINGTON PHASE 3 AND KENSINGTON PHASE 4 SUBDIVSIONS WHEREAS, the City Council of the City of Tulare, in accordance with Section 8300- 8363 of the Streets and Highway Code desires to summarily vacate a temporary access easement in the City of Tulare, more particularly described as follows:

See Exhibits “A” and “B” attached hereto and incorporated herein by this reference; and
WHEREAS, the temporary access easement is no longer need due to access being provided off of Dorset Street and Greyhound Avenue; and WHEREAS, section 8330 (a) of the Streets and Highway Code states that the legislative body of a local agency may summarily vacate “a street or highway that has been superseded by relocation”;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare that this right-of-way and public utility easement within the boundaries of the City of Tulare, hereinabove described, be and the same, is hereby vacated as a temporary access easement.

PASSED, APPROVED, AND ADOPTED this 7th day of June, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve a short-term deferred improvement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Liability Company, allowing the construction of the Pacific Avenue frontage improvements for Phases 4 and 5 of the Willow Glen subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 5 of the Willow Glen subdivision, whichever occurs first.

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

Presidio JJR Cypress Park 155, LLC is the Subdivider of Phases 4 and 5 of the Willow Glen subdivision, which is located along the south side of Pacific Avenue west of Mooney Boulevard. These subdivision phases consist of 45 and 57 single-family residential lots respectively. Phase 4 is currently under construction, and the Subdivider is seeking to record the final map and proceed with development of Phase 5.

AGENDA ITEM: Consent 17
The term of the proposed short-term deferred improvement agreement for the installation of the Pacific Avenue improvements would be a maximum of two (2) years, or prior to the City’s acceptance of required public improvements for Phase 5 of the Willow Glen subdivision, whichever comes first. Presidio JJR Cypress Park 155, LLC will be required to provide the City with a performance bond or other acceptable security equal to 110% of the proposed improvement cost (total improvement cost plus 5% for each year the improvements can be deferred).

Copies of the proposed short-term deferred improvement agreement, Planning Commission Resolution No. 5192, and exhibits showing the location of the subdivision phases are attached for reference.

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: June 1, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Final acceptance of public works improvements for Phase 4 of the Willow Glen subdivision, located along the south side of Pacific Avenue west of Mooney Boulevard, as complete.

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

On August 17, 2021, City Council conditionally approved the final map for Phase 4 of the Willow Glen subdivision, which created 45 single-family residential lots, as shown on the attached exhibit. The overall Willow Glen subdivision comprises approximately 134 acres consisting of a combination of single-family and multi-family residential lots. The subdivision is being developed in phases.

Completion of the Pacific Avenue improvements has been delayed by Southern California Edison’s design process, and need to acquire easements from property owners located on the north side of Pacific Avenue for related facilities. The proposed short-term deferred improvement agreement also includes required Pacific Avenue improvements along the frontage of Phase 5 of the Willow Glen subdivision (thereby encompassing the entirety of the Willow Glen subdivision frontage), and median improvements at the intersection of Pacific Avenue and Mooney Boulevard required by Caltrans.

An exhibit showing the location of the subdivision is attached for reference.

STAFF RECOMMENDATION:

Subject to Council’s prior approval of a short-term deferred improvement agreement for Pacific Avenue improvements conditionally required for the Willow Glen subdivision, accept the required public works improvements for Phase 4 of the Willow Glen subdivision located along the south side of Pacific Avenue west of Mooney Boulevard Street as complete, authorize the City Engineer to sign a Notice of Completion, and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
AGENDA ITEM: Consent 18
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: June 1, 2022 City Manager Approval: ____________
RECORDING REQUESTED BY:

City of Tulare

WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 93274, is the owner of the real property, public works or structure hereinafter described.

2. The nature of the title of the stated owner is: In Fee.

3. On the 7th day of June, 2022, a work of improvement on real property hereinafter described was completed by Presidio JJR Brighton 115, LLC, the Subdivider of record, whose address is 5607 Avenida De Los Robles, Visalia, CA 93291.

4. The name of the surety for the work of improvements is SureTec Insurance Company, 1330 Post Oak Blvd., Suite 1100, Houston, TX 77056.

5. The real property or public work or structure is described as follows:

Public Works Improvements for Phase 4 of the Willow Glen subdivision, except Pacific Avenue frontage improvements secured by deferred improvement agreement.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on June 7, 2022.

Dated: CITY OF TULARE
A Municipal Corporation
By:

Michael W. Miller, City Engineer
VERIFICATION:

I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City. I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on , 2022 at Tulare, California.

By:

Michael W. Miller, City Engineer

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve the final map for Phase 5 of the Willow Glen 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. 5192 adopted on September 12, 2016 approved the tentative map for the Willow Glen subdivision located at the northwest corner of Mooney Boulevard (State Route 63) and Cartmill Avenue. The overall subdivision comprises approximately 134 acres consisting of a combination of single family and multi-family residential lots. The proposed subdivision is being developed in phases.

Copies of Planning Commission Resolution No. 5192, a map exhibit, and the subdivision improvement agreement are attached.

STAFF RECOMMENDATION:

Approve the final map for Phase 5 of the Willow Glen subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: June 1, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 19

RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,

NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of )
Willow Glen Phase 5, in the )
City of Tulare, County of Tulare, )
State of California )

AGREEMENT AND UNDERTAKING FOR

INSTALLATION AND CONSTRUCTION

OF SUBDIVISION IMPROVEMENTS

SUBDIVISION AGREEMENT
FINAL MAP OF WILLOW GLEN PHASE 5
THIS AGREEMENT is made this day of 2022, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and Presidio JJR Cypress Park 155, LLC located at 5607 Avenida de Los Robles, Visalia, CA 93291, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk's Certification hereafter.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter "Subject Property") as follows:

BEING A DIVISION OF PARCEL A OF LLANO. 263, PER THE CITY OF TULARE PARCEL MAP COMMITTEE'S APPROVAL RESOLUTION NO. 835, RECORDED SEPTEMBER 02, 2021, AS DOC. NO. 2021-0064583 AND SUBSEQUENT GRANT DEED RECORDED SEPTEMBER 02, 2021, AS DOC. NO. 2021-0064584, T.C.R., SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25, T.19S. R.24E. MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA.

C Subdivider desires and agrees to complete the improvements required by Resolution No. 5192 for A

RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION RECOMMENDING APPROVING TENTATIVE SUBDIVISION MAP - WILLOW GLEN dated September 12, 2016 and any amendments thereto, hereinafter referred to as "Conditions of Approval," within the time hereinafter specified.

Subdivision Agreement
Final Map of Willow Glen Phase 5
D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a part of this Agreement.

AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter "Improvements"), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City's Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, Subdivision Agreement
Final Map of Willow Glen Phase 5
2 iv) Fully functional sanitary sewer mains and laterals, v) Fully functional storm drainage lines and facilities, including temporary fencing around all storm drain basins greater then eighteen inches deep,
vi) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer's approval provided by the Subdivider's licensed engineer or surveyor verifying same, and
vii) All lot corners marked.
b) Subject to completion of the minimum required subdivision improvements listed in subsection (a) above, building permits may be issued on up to 50% of the lots of the Subject Property, provided that issuance of said building permits is in accordance with the Planning and Building Department's policies and procedures in effect at the time the permit is requested. c) The final 50% of the building permits for the lots of the Subject Property may be issued in accordance with the Planning and Building Department's policies and procedures in effect at the time the permit is requested, provided that:
i) the minimum required subdivision improvements listed in subsection (a) above have been completed, and
ii) all public safety items have been completed, including, but not limited to: signage, pavement markings, street lighting, and pond fencing.
d) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, regardless of the number of building permits previously issued. e) Building permits shall not be issued in any subsequent phase of a multi-phased subdivision until a Notice of Completion has been filed for the previous phase. f) Except as allowed by the City's Model Home Policies, no occupancy shall be allowed for any building permit issued on any lot of the Subject Property until all requirements listed in subsection 6(a) above have been satisfied, and all public safety items have been completed, including, but not limited to: signage, pavement markings, street lighting, and pond fencing. 7) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit "A", City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City's best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit "B". 8) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity.

Subdivision Agreement
Final Map of Willow Glen Phase 5
3 9) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit "A". Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as oblige, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City's recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the City's recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 10) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
11) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit "A", and shall be released one year following final acceptance, less any amount required to remedy defective work. 12) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff's or petitioner's attorney's fees if awarded, in connection with City's defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider's employees, officers, agents, contractors or subcontractors; (iv) the Subdivision Agreement
Final Map of Willow Glen Phase 5
4 design, installation, operation, removal or maintenance of the work or Improvements; or (v) City's granting, issuing or approving use of this Agreement.
b) Subdivider's obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a)" and "b)" of this Section.
13) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City's Risk Manager.

Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit "D".

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected.

Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 14) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 15) Inspections City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
16) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes.

Subdivision Agreement
Final l\/lap of Willow Glen Phase 5
5 17) Prevailing Wages. Subdivider shall:
a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit "B", if any, and
ii) those Improvements, if any, that are "public works" under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the "PW Improvements"). 18) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 19) Limitations of Legal Acts. Except as provided by the Section entitled "Attorney's Fees and Legal Expenses," in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider's sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
20) Attorney's Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
21) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
22) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
23) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist 24) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect 25) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder.

Subdivision Agreement
Final Map of Willow Glen Phase 5
6 26) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 27) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit "C", attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE
a Municipal Corporation
Presidio JJR CYPRESS PARK 155, LLC,
a Delaware limited liability company
By _
Marc Mondell, City Manager
By JJR Management Services, Inc.
a Calif a corporation, its Operating Manager
ATTEST
Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)
Subdivision Agreement
Final Map of Willow Glen Phase 5
7 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Tulare
On /Y\Ai , o tfo°2>~ before me, '9/1½\N ~0 @.Ao::'<> S. , Notary Public, personally appeared&~l.\ A. l..-lf;AL- who proved to me on the basis of satisfactory evidence to be the personts) whose name(1) is/are subscribed to the within instrument and acknowledged to me that he/9fteltA-eY executed the same in his/Rer/th-etf authorized capacitytiss), and that by his/Rer/tfteir signature(fo) on the instrument the personis), or the entity upon behalf of which the person1) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing true and correct.

Signature of Notary Public
Subdivision Agreement
Final Map of Willow Glen Phase 5
8 EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
Willow Glen 5 (Cypress 2)
Bond Type
Required Bonding
Amount
Performance Bond Amount* $1,238,978.26 ( 10% of Completed Work + 100% of Uncompleted Work) Payment Bond Amount* $619,489.13 (50% of Uncompleted Work) Maintenance Bond Amount** $123,897.83 (10% of Required Improvements) * For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
Willow Glen 5 (Cypress 2)
Bond Type
Required Bonding
Amount
Performance Bond Amount* $1,238,978.26 (10% of Completed Work+ 100% of Uncompleted Work) Payment Bond Amount* $619,489.13 (50% of Uncompleted Work) Maintenance Bond Amount** $123,897.83 (10% of Required Improvements) * For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

EXHIBIT "C"
WILLOW GLEN NO. 4
ransacAccount No. tion No. R/C No. Description of Charge Quantity Unit Cost Total Amount Inspection, Testing and Construction:
001-3247-001 1391 S-29 Public Inspection Fee $30,829.57 $30,829.57 010-3265 3060 Backflow Test $85.00 $0.00
010-3270-3 3073 Water Pressure Test 1 $246.00 $246.00
010-3270-004 3074 Water Purity Sample 8 $211.00 $1,688.00 Front Foot Fees
015-3265 3420 Sewer Front Foot $0.00
010-3265 3060 Water Front Foot $0.00
001-3265 9260 Street Front Foot $0.00
Benefit Districts
001-3252-002 1472 S-37 Benefit District Creation $0.00
015-260-047 9260 Del Lago - Hillman St $0.00
001-260- 9260 Storm Drain Benefit District $0.00
001-260 9260 T. I. D. Benefit District $0.00
In-Lieu Fees
001-260-053 9260 T.I.D. Ditch Piping $0.00
001-3249- 141 Storm Drain Acreage $0.00
010-260-055 9260 Mooney Blvd Water Line 13.54 AC $786.81 $10,649.73 (In Lieu Fee Cost per AC)
Non-Bonded Improvements
001-3266-000 1611 Street Signs (Street Names) 16 $257.00 $4,112.00 Other
001-3120-2 1252 Street Easement/ Abandonment $0.00
TOTAL

LESS PREVIOUSLY PAID

LESS CREDITS

AMOUNT DUE
$47,525.30
$0.00
$0.00
$47,525.30
EXHIBIT "D"
Minimum Insurance Requirement, Converge Types, and Amounts Willow Glen 5 (Cypress 2)
Coverage Afforded Limits of Liability
Worker's Compensation:

Commercial General Liability Insurance Including:
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including:

Statutory
$2,000,000 Bodily Injury and
Property Damage, Combined
Single Limit
a) Non-owned
b) Leased
c) Hired Vehicles
$2,000,000 Bodily Injury and
Property Damage, Combined
Single Limit

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Approve the cancellation of the regular meeting of July 5, 2022.

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

Staff requests Council consider and approve the cancellation of the July 5, 2022, regular meeting due to being the day after a City observed holiday.

STAFF RECOMMENDATION:

Approve the cancellation of the regular meeting of July 5, 2022.

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

N/A
Submitted by: Marc Mondell Title: City Manager
Date: June 2, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 20

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: June 7, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Consideration and possible approval of an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481.

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

AB 481 requires an ordinance to adopt the Tulare City Police Department Manual regarding use and inventory of military equipment. Staff has determined that in order to be in compliance with AB 481, it will adopt the Tulare City Police Department policy to include all descriptions, quantities, training, and use of military equipment currently in possession and for future acquisitions of military equipment.

This ordinance must be adopted as the Tulare City Police Department will continue to protect the preservation of the public peace, health and safety as needed with said equipment.

STAFF RECOMMENDATION:

Pass to print the attached ordinance.

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

N/A
Submitted by: Mario Zamora Title: City Attorney
Date: April 29, 2022 City Manager Approval: ____________ AGENDA ITEM: Public Hearing 1
ORDINANCE 2022-XX

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

ADOPTING THE POLICY MANUAL FOR THE TULARE CITY POLICE DEPARTMENT

REGARDING MILITARY EQUIPMENT USE POLICY
WHEREAS, AB 481 was adopted regulating law enforcement agency’s use of military equipment and requires approval of continued use of military equipment and knowledge of all equipment in possession of law enforcement agency; and
WHEREAS, the Tulare City Police Department is in possession of military equipment as defined by AB 481, and will continue use of said equipment in order to protect its residents as needed; and
WHEREAS, the Tulare City Council desires to be in compliance with AB 481 and approves adding the below sections to Tulare City Police Department manual.

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

SECTION 1. After receiving a staff report, discussion and any public comment, the City Council finds:
1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4) Corrective action has been taken to remedy nonconforming uses and ensure future compliance.
5) The policy was placed on the City’s website 30 days prior to City Council consideration of this item.

SECTION 2. The policy adopted by the City Council shall be made publicly available on the City’s website for as long as the military equipment is available for use.

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

PASSED, ADOPTED, AND APPROVED this XX day of XXXX, 2022.

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

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 2 708.2 POLICY
It is the policy of the Tulare Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Tulare Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
708.4.1

MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the department:
708.4.2 UNMANNED AIRCRAFT SYSTEMS (UAS)
Description: A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 3 Quantity: 2.

Capabilities: Sustained flight controlled by a remote pilot on the ground.

Expected Lifespan: 5 to 10 years.

Product Description: Commercially available platforms for aerial productivity combining a configurability to work as a solution for a variety of industrial applications with flight safety and data security features.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public (Policy 613.1).

Training Required: Federal Aviation Administration (FAA) Part 107 License and Department provided monthly training.

Initial Cost: $18,500.
708.4.3 FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Quantity: 68.

Capabilities: Fires a lethal projectile.

Expected Lifespan: 20+ years.

Product Description: Patrol rifle of.223 or 5.56 caliber.

Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).

Training Required: 16-hour POST approved course with qualification and annual training with requalification.

Initial Cost: $68,000. Annual Cost: N/A.

Ammunition Inventory:
(10,000) Federal 62gr ball.223 (this is for training)
Cost: $4,000
(4,000) Speer Gold Dot 62gr.223 (duty)
Cost: $2,100
708.4.4 40MM PROJECTILE LAUNCHER
Description: Less lethal weapon which uses a propellant cartridge to launch a kinetic energy impact projectile.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 4 Quantity: 5
Capabilities: Fires a less lethal kinetic energy projectile.

Expected Lifespan: 20+ years.

Product Description:
(4) Armor Holdings 40mm SingleShot Launcher
(1) Penn Arms 40mm 6 shot launder.

Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).

Training Required: Training and qualification once per year.

Initial Cost: $5,000 (estimated as these were purchased several years ago) Annual Cost: N/A.

Projectile Inventory:
(65) 40mm Sponge/Foam Impact Rounds #6325 and #6326
(38) 40mm Liquid CS Penetrator Round #1262
(22) 40mm OC Penetrator Round #1260
(12) 40mm "Spede-Heat" Long Range CS #6182 (up to 150 yards) (6) 40mm Muzzle Blast OC #6040
(10) 40mm Muzzle Blast CS #6042
(10) 40mm Skat Shell CS
(8) 40mm Skat Shell OC #6170
Cost: $3,218
708.4.5 MILITARY EQUIPMENT INVENTORY - SWAT
The following constitutes an inventory of previously purchased equipment deemed to be military as defined by this policy. The equipment in this section is primarily used by members of the Special Weapons and Tactics (SWAT) Team.

FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire one or more projectile(s) through a rifled bore for each pull of the trigger.

Inventory:
(12) M400 Sig Sauer 5.56/.223 caliber rifles
(4) Ruger Precision Rifle.308 caliber
Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 5 (1,800) Hornady TAP.308 (Precision Rifle)
Cost: $1,800
Capabilities: Fires a lethal projectile.

Expected Lifespan: 20+ years.

Product Description: Patrol rifle of.223, 5.56, and.308 caliber.

Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).

Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year. For Ruger Precision Rifles (.308) initial week long training then biannual qualification.

Initial Cost: $26,800.

Annual Cost: N/A.
708.4.6 ARMORED RESCUE VEHICLE
Description: An armored rescue vehicle deployed during high-risk incidents, special events, and community outreach.

Quantity: One.

Capabilities: Mobile armored vehicle to support high-risk deployments.

Expected Lifespan: 15 years.

Product Description: Mine Resistant Ambush Proof (MRAP) Vehicle, steel armor construction.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while transporting first responder personnel and/or community members to/from high-risk situations.

Provide a mobile platform for safe personnel deployments.

Training Required: Class B driver's license.

Initial Cost: $35,000.

Annual Cost: $6,000.
708.4.7 CHEMICAL AGENTS
Description: Less lethal device utilized to deploy and discharge that are released when deployed.

Capabilities: Designed to deliver chemical agents during high-risk situations.

Expected Lifespan: 5 years.

Product Description: Individual, single use canisters of CS, CN or OC gas.

Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308).

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 6 Training Required: Training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year.

Inventory:
(5) Triple-Chaser Separating Canister, CS, #1026
(15) Riot Control Continuous Discharge Device, CS, #1082 (20) Flameless Tri-Chamber CS Device, #1032
(20) Triple Chaser CS, #1026
(1) Riot Control Continuous Discharge Device, CN, #1081 (26) OC Triple-Chaser Separating Canister, #1020
(14) Han-Ball Device CS, #1092
(10) Maximum Smoke HC, #1083
Initial Cost: $3,972.

Annual Cost: Recurring purchase as needed.
708.4.8 PEPPERBALL LAUNCHER
Description: Less lethal launcher which uses a high pressure air system to launch kinetic energy impact munition
Quantity: 4 PepperBall FTC.68 caliber semi-auto multi-launcher Capabilities: Fires a less lethal kinetic energy projectile.

Expected Lifespan: 20+ years.

Product Description:
• PepperBall FTC.68 caliber, semi-auto multi-launcher
Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).

Training Required: Training and recertification once per year.

Initial Cost: $2,000
Annual Cost: N/A
PepperBall Projectiles Inventory:
(90) PepperBall "Live Projectile"
(90) PepperBall "Live-X Projectile" More concentrated round Initial Cost: $450
Lifespan: 3 years
Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 7 708.4.9 NOISE FLASH DIVERSIONARY DEVICE (NFDD)
Description: Device that produces a loud sound with a bright light that is intended to cause confusion and distraction.

Quantity: 16.

Capabilities: Distraction device used to minimize the risks to all parties by the temporary distraction or disorientation of potentially violent or dangerous suspects.

Expected Lifespan: 5 years.

Product Description: Separating fuse affixed to a non-bursting steel canister.

Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects.

Training Required: Training and recertification twice per year.

Initial Cost: $480.

Annual Cost: Recurring purchase as needed.
708.4.10 ROBOTIC SCOUT/ROBOT
Description: ICOR Technology Mini-Caliber drivable remote controlled platform that is equipped with a camera allowing the operator to obtain instantaneous video within indoor and outdoor environments.

Quantity: One.

Capabilities: Remote operated, drivable platform capable of transmitting live video from a forward facing camera.

Expected Lifespan: 10 Years.

Product Description: A medium sized remote operated platform equipped with a camera capable of being driven several hundred feet from operator while transmitting video back to the operator.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public.

Training Required: None.

Initial Cost: $60,000 (purchased through a grant)
Annual Cost: N/A.
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 8 military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Finance
For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Review and provide direction on the proposed 2022/2023 general fund budget and set the public hearing to adopt said budget on June 21, 2022.

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

At the May 17, 2022, Council meeting, staff presented a proposed general fund budget for review and direction. The proposed budget showed the following:

Following this meeting, staff updated the proposed budget to include the personnel requests that were presented to Council which resulted in the following change:

Staff requests that Council provide direction on the budget and set the public hearing to adopt the final budget on June 21, 2022.

STAFF RECOMMENDATION:

Review and provide direction on the proposed 2022/2023 general fund budget and set the public hearing to adopt said budget on June 21, 2022.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A Submitted by: Darlene Thompson Title: Finance Director
Date: June 2, 2022 City Manager Approval: ____________
AGENDA ITEM: General Business 1
City of Tulare
Proposed 2022-2023 General Fund Budget
May 25, 2022
Anticipated General Fund Revenue 52,834,930
Proposed General Fund Expenditures 52,808,340
Revenue in Excess of Expenditures 26,590
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 1 001 GENERAL
4010 MAYOR AND COUNCIL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 3,686 4,800 4,530 6,000 6,000 6,000 1023 SEASONAL WAGES 530 600 600 600 600 600
1101 P.E.R.S. 16 10 10 10 10 10
1102 SURVIVORS' BENEFITS 39 30 30 30 30 30
1103 F.I.C.A. 425 310 560 560 560 560
1104 HEALTH INSURANCE 43,800 11,960 10,400 11,960 11,960 11,960 1105 WORKERS' COMP INS BENEFIT 7 30 10 20 20 20
1106 EMPLOYEE ASSISTANCE PROGRAM 237 230 250 250 250 250 Total TOTAL PERSONAL SERVICES 48,740 17,970 16,390 19,430 19,430 19,430 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 1,481 750 750 750 750 750
2013 POSTAGE 18 200 50 100 100 100
2016 TRAVEL, CONFERENCE & TRAINING 1,820 200 450 6,300 6,300 6,300 2017 PROFESSIONAL & TECHNICAL SERVI 14,276 0 14,280 15,000 15,000 15,000 2025 OFFICE SUPPLIES 0 150 150 150 150 150
2032 GENERAL SUPPLIES 413 500 500 500 500 500
2039 PRINTING,COPYING & ADVERTISING 619 250 250 250 250 250 2044 DUES AND SUBSCRIPTIONS 21,733 23,000 22,000 22,180 22,180 22,180 2055 ADMINISTRATIVE FEES 16,860 18,170 18,170 18,790 18,790 18,790 2116 TRAVEL - DISTRICT 1 550 2,500 470- 2,500 2,500 2,500 2117 COMMUNITY IMPROVEMENT - DISTRICT 1 0 2,500 2,500 2,500 2,500 2,500 2216 TRAVEL - DISTRICT 2 600 2,500 2,500 2,500 2,500 2,500 2217 COMMUNITY IMPROVEMENT - DISTRICT 2 0 2,500 2,500 2,500 2,500 2,500 2316 TRAVEL - DISTRICT 3 0 2,500 2,500 2,500 2,500 2,500 2317 COMMUNITY IMPROVEMENT - DISTRICT 3 0 2,500 2,500 2,500 2,500 2,500 2416 TRAVEL - DISTRICT 4 550 2,500 2,500 2,500 2,500 2,500 2417 COMMUNITY IMPROVEMENT - DISTRICT 4 0 2,500 2,500 2,500 2,500 2,500 2510 SOFTWARE MAINTENANCE 135 500 800 920 920 920
2516 TRAVEL - DISTRICT 5 0 2,500 2,500 2,500 2,500 2,500 2517 COMMUNITY IMPROVEMENT - DISTRICT 5 0 2,500 2,500 2,500 2,500 2,500 2551 EQUIPMENT REPLACEMENT 14,770 16,840 16,840 16,900 16,900 16,900 Total TOTAL MAINTENANCE & OPERATIONS 73,825 85,560 96,270 106,840 106,840 106,840 Total MAYOR AND COUNCIL 122,565 103,530 112,660 126,270 126,270 126,270 Format Name(s): S = 2023v5 O = 2023 Exp Page: 1
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 2 Format Name(s): S = 2023v5 O = 2023 Exp Page: 2
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 3 001 GENERAL
4020 CITY MANAGER
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 285,232 332,180 423,050 316,660 316,660 349,990 1026 WORKERS' COMPENSATION PAY 214 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 28,987 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 9,515 12,690 0 12,110 12,110 13,390 1030 SICK PAY 11,484 0 0 0 0 0
1101 P.E.R.S. 32,670 26,530 93,300 23,880 23,880 26,400 1102 SURVIVORS' BENEFITS 60 60 60 60 60 60
1103 F.I.C.A. 4,973 5,120 5,800 4,840 4,840 5,340
1104 HEALTH INSURANCE 13,953 11,960 6,500 17,340 17,340 19,730 1105 WORKERS' COMP INS BENEFIT 4,932 5,070 5,600 4,810 4,810 5,310 1106 EMPLOYEE ASSISTANCE PROGRAM 130 130 120 130 130 140 1108 DEFERRED COMPENSATION BENEFITS 0 0 0 10,900 10,900 10,900 1109 PARS 9,718 9,910 9,000 9,460 9,460 10,460
1111 PERS FLAT 30,469 34,640 34,640 77,230 77,230 77,230 Total TOTAL PERSONAL SERVICES 432,337 438,290 578,070 477,420 477,420 518,950 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 39 200 200 200 200 200
2013 POSTAGE 46 100 50 100 100 100
2015 COMMUNICATIONS 1,904 2,000 2,070 2,050 2,050 2,050 2016 TRAVEL, CONFERENCE & TRAINING 3,918 3,530 4,000 6,500 6,500 6,500 2017 PROFESSIONAL & TECHNICAL SERVI 4,024 28,800 62,000 8,800 33,800 33,800 2021 CLOTHING & UNIFORMS 21 0 0 0 0 0
2025 OFFICE SUPPLIES 122 500 500 500 500 500
2032 GENERAL SUPPLIES 692 1,250 1,250 1,500 1,500 1,500 2039 PRINTING,COPYING & ADVERTISING 1,848 2,900 2,700 2,900 2,900 2,900 2041 LIABILITY & FIRE INSURANCE 3,030 3,020 3,190 4,190 4,190 4,190 2044 DUES AND SUBSCRIPTIONS 2,803 2,160 2,160 2,500 2,500 2,500 2052 PERSONAL AUTO ALLOWANCE 6,016 6,000 6,060 6,000 6,000 6,000 2055 ADMINISTRATIVE FEES 75,150 71,790 71,790 42,890 42,890 42,890 2065 ELECTION COST 24,422 0 0 25,000 75,000 75,000
2510 SOFTWARE MAINTENANCE 3,690 4,300 4,680 4,760 4,760 4,760 2551 EQUIPMENT REPLACEMENT 2,560 2,970 2,970 3,040 3,040 3,040 Total TOTAL MAINTENANCE & OPERATIONS 130,285 129,520 163,620 110,930 185,930 185,930 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
8000 DEBT SERVICE
Total DEBT SERVICE 0 0 0 0 0 0
Format Name(s): S = 2023v5 O = 2023 Exp Page: 3
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 4 001 GENERAL
4020 CITY MANAGER
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total CITY MANAGER 562,622 567,810 741,690 588,350 663,350 704,880 Format Name(s): S = 2023v5 O = 2023 Exp Page: 4
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 5 001 GENERAL
4030 FINANCE
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 442,141 553,100 499,300 728,800 728,800 760,820 1022 REG PART TIME SALARIES 20,009 27,690 32,400 0 0 0
1023 SEASONAL WAGES 0 0 7,000 0 0 0
1027 VACATION & HOLIDAY PAY 35,983 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 5,228 6,610 3,500 15,120 15,120 16,350 1030 SICK PAY 16,667 0 0 0 0 0
1031 SDI PAY 1,474 0 0 0 0 0
1101 P.E.R.S. 43,771 45,950 41,770 55,170 55,170 57,590 1102 SURVIVORS' BENEFITS 181 200 200 200 200 200
1103 F.I.C.A. 7,217 7,480 7,100 10,570 10,570 11,060
1104 HEALTH INSURANCE 97,284 94,590 84,200 100,410 100,410 103,060 1105 WORKERS' COMP INS BENEFIT 7,165 11,580 9,500 10,530 10,530 11,020 1106 EMPLOYEE ASSISTANCE PROGRAM 395 440 440 430 430 440 1109 PARS 5,503 7,230 6,750 11,810 11,810 12,770
1111 PERS FLAT 96,506 110,270 110,270 118,530 118,530 118,530 Total TOTAL PERSONAL SERVICES 779,524 865,140 802,430 1,051,570 1,051,570 1,091,840 2000 TOTAL MAINTENANCE & OPERATIONS
2013 POSTAGE 11,018 13,500 13,500 14,000 14,000 14,000
2015 COMMUNICATIONS 6,556 6,700 6,700 7,000 7,000 7,000 2016 TRAVEL, CONFERENCE & TRAINING 1,534 2,000 1,000 2,000 2,000 2,000 2017 PROFESSIONAL & TECHNICAL SERVI 96,165 107,000 107,000 125,000 125,000 125,000 2025 OFFICE SUPPLIES 2,763 4,000 4,000 4,500 4,500 4,500 2032 GENERAL SUPPLIES 95 200 200 200 200 200
2039 PRINTING,COPYING & ADVERTISING 19,503 18,000 18,000 18,000 18,000 18,000 2041 LIABILITY & FIRE INSURANCE 9,226 10,240 9,500 14,050 14,050 14,050 2044 DUES AND SUBSCRIPTIONS 415 700 700 1,000 1,000 1,000 2052 PERSONAL AUTO ALLOWANCE 4,332 4,320 4,320 8,640 8,640 8,640 2055 ADMINISTRATIVE FEES 102,870 110,670 110,670 75,840 75,840 75,840 2203 TULARE CO PROP TAX ADMIN FEES 136,894 138,000 152,260 162,000 162,000 162,000 2223 MBIA CONSULTANT FEES 62,651 90,000 90,000 50,000 50,000 50,000 2225 SB 90 CONSULTANT FEES 4,800 5,000 5,000 5,000 5,000 5,000 2510 SOFTWARE MAINTENANCE 36,732 38,500 38,500 39,340 39,340 39,340 2551 EQUIPMENT REPLACEMENT 40,380 40,470 40,470 40,570 40,570 40,570 Total TOTAL MAINTENANCE & OPERATIONS 535,934 589,300 601,820 567,140 567,140 567,140 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Format Name(s): S = 2023v5 O = 2023 Exp Page: 5
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 6 001 GENERAL
4030 FINANCE
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
Total OTHER FINANCING USES 0 0 0 0 0 0
Total FINANCE 1,315,458 1,454,440 1,404,250 1,618,710 1,618,710 1,658,980 Format Name(s): S = 2023v5 O = 2023 Exp Page: 6
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 7 001 GENERAL
4035 INFORMATION TECHNOLOGY
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 161,717 188,400 188,400 215,060 215,060 215,060 1023 SEASONAL WAGES 0 0 0 8,000 8,000 8,000
1026 WORKERS' COMPENSATION PAY 1,270 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 13,880 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 0 7,230 2,500 8,260 8,260 8,260 1030 SICK PAY 8,403 0 0 0 0 0
1101 P.E.R.S. 15,728 15,130 15,130 16,280 16,280 16,280 1102 SURVIVORS' BENEFITS 43 40 40 40 40 40
1103 F.I.C.A. 2,582 2,740 2,740 3,260 3,260 3,260
1104 HEALTH INSURANCE 25,116 21,530 21,530 21,530 21,530 21,530 1105 WORKERS' COMP INS BENEFIT 2,595 2,740 2,740 3,260 3,260 3,260 1106 EMPLOYEE ASSISTANCE PROGRAM 96 90 90 90 90 90
1109 PARS 5,520 5,650 5,650 6,450 6,450 6,450
1111 PERS FLAT 21,142 25,450 25,450 27,350 27,350 27,350 Total TOTAL PERSONAL SERVICES 258,092 269,000 264,270 309,580 309,580 309,580 2000 TOTAL MAINTENANCE & OPERATIONS
2013 POSTAGE 96 200 100 200 200 200
2015 COMMUNICATIONS 1,449 1,500 1,500 2,000 2,000 2,000 2016 TRAVEL, CONFERENCE & TRAINING 2,000 4,000 3,500 12,000 12,000 12,000 2017 PROFESSIONAL & TECHNICAL SERVI 35,310 143,000 143,000 135,000 135,000 135,000 2023 FUEL AND LUBRICANTS 726 500 500 500 550 550
2025 OFFICE SUPPLIES 108 200 200 200 200 200
2032 GENERAL SUPPLIES 5,585 4,000 3,500 4,500 4,500 4,500 2039 PRINTING,COPYING & ADVERTISING 123 500 150 150 150 150 2041 LIABILITY & FIRE INSURANCE 2,226 2,220 2,220 3,110 3,110 3,110 2044 DUES AND SUBSCRIPTIONS 520 750 520 650 650 650
2050 FLEET MAINTENANCE 1,578 1,100 1,100 1,500 1,500 1,500 2051 VEHICLE REPLACMENT 5,380 2,000 2,000 2,000 2,000 2,000 2052 PERSONAL AUTO ALLOWANCE 482 480 480 480 480 480
2055 ADMINISTRATIVE FEES 61,880 76,430 76,430 63,190 63,190 63,190 2510 SOFTWARE MAINTENANCE 158,781 168,500 168,500 196,420 196,420 196,420 2551 EQUIPMENT REPLACEMENT 22,620 26,390 26,390 26,100 26,100 26,100 Total TOTAL MAINTENANCE & OPERATIONS 298,864 431,770 430,090 448,000 448,050 448,050 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Format Name(s): S = 2023v5 O = 2023 Exp Page: 7
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 8 001 GENERAL
Total 556,956 700,770 694,360 757,580 757,630 757,630 INFORMATION TECHNOLOGY Format Name(s): S = 2023v5 O = 2023 Exp Page: 8
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 9 001 GENERAL
4040 ECONOMIC DEVELOPMENT
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 63,394 77,750 77,750 81,260 81,260 81,260 1027 VACATION & HOLIDAY PAY 6,450 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 1,320 2,990 2,990 3,120 3,120 3,120 1030 SICK PAY 6,579 0 0 0 0 0
1101 P.E.R.S. 6,533 6,240 6,240 6,150 6,150 6,150
1102 SURVIVORS' BENEFITS 14 10 10 10 10 10
1103 F.I.C.A. 1,123 1,160 1,160 1,220 1,220 1,220
1104 HEALTH INSURANCE 7,674 6,580 6,580 6,580 6,580 6,580 1105 WORKERS' COMP INS BENEFIT 1,120 1,160 1,160 1,210 1,210 1,210 1106 EMPLOYEE ASSISTANCE PROGRAM 29 30 30 30 30 30
1109 PARS 2,293 2,330 2,330 2,440 2,440 2,440
1111 PERS FLAT 7,462 7,780 7,780 8,360 8,360 8,360
Total TOTAL PERSONAL SERVICES 103,991 106,030 106,030 110,380 110,380 110,380 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 0 500 300 500 500 500
2015 COMMUNICATIONS 662 660 660 1,000 1,000 1,000
2016 TRAVEL, CONFERENCE & TRAINING 0 2,000 2,000 2,500 2,500 2,500 2017 PROFESSIONAL & TECHNICAL SERVI 0 3,500 3,500 25,000 25,000 25,000 2025 OFFICE SUPPLIES 0 200 200 500 500 500
2039 PRINTING,COPYING & ADVERTISING 1,931 3,000 3,000 3,000 3,000 3,000 2041 LIABILITY & FIRE INSURANCE 680 680 680 950 950 950 2044 DUES AND SUBSCRIPTIONS 418 3,500 3,500 3,500 3,500 3,500 2052 PERSONAL AUTO ALLOWANCE 2,647 2,640 2,640 2,640 2,640 2,640 2055 ADMINISTRATIVE FEES 27,910 24,940 24,940 28,030 28,030 28,030 2064 CHAMBER OF COMMERCE 12,500 25,000 25,000 25,000 25,000 25,000 2092 TULARE COUNTY ECONOMIC DEVELOPMENT 25,000 25,000 25,000 25,000 25,000 25,000 Total TOTAL MAINTENANCE & OPERATIONS 71,748 91,620 91,420 117,620 117,620 117,620 Total ECONOMIC DEVELOPMENT 175,739 197,650 197,450 228,000 228,000 228,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 9
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 10 001 GENERAL
4060 HUMAN RESOURCES
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 177,702 221,020 211,420 234,150 234,150 234,150 1023 SEASONAL WAGES 1,235 4,000 2,360 3,000 3,000 3,000 1027 VACATION & HOLIDAY PAY 30,392 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 3,214 8,460 2,570 8,970 8,970 8,970 1030 SICK PAY 27,761 0 0 0 0 0
1031 SDI PAY 9,187 0 0 0 0 0
1101 P.E.R.S. 17,788 17,750 16,980 17,720 17,720 17,720 1102 SURVIVORS' BENEFITS 62 60 60 60 60 60
1103 F.I.C.A. 3,371 3,270 3,050 3,450 3,450 3,450
1104 HEALTH INSURANCE 36,279 31,100 29,330 31,100 31,100 31,100 1105 WORKERS' COMP INS BENEFIT 3,262 3,250 3,020 3,420 3,420 3,420 1106 EMPLOYEE ASSISTANCE PROGRAM 136 140 130 140 140 140 1109 PARS 6,243 6,630 6,350 7,020 7,020 7,020
1111 PERS FLAT 31,091 36,760 36,760 39,510 39,510 39,510 Total TOTAL PERSONAL SERVICES 347,723 332,440 312,030 348,540 348,540 348,540 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 979 2,000 2,000 3,000 3,000 3,000 2013 POSTAGE 675 2,500 750 2,500 2,500 2,500
2015 COMMUNICATIONS 1,597 1,560 1,560 1,560 1,560 1,560 2016 TRAVEL, CONFERENCE & TRAINING 123 2,400 1,200 2,400 2,400 2,400 2017 PROFESSIONAL & TECHNICAL SERVI 29,837 34,000 34,000 35,000 35,000 35,000 2020 TRAINING 554 6,000 7,340 7,500 7,500 7,500
2023 FUEL AND LUBRICANTS 656 450 0 0 0 0
2025 OFFICE SUPPLIES 2,365 1,500 1,500 1,500 1,500 1,500 2032 GENERAL SUPPLIES 572 1,000 1,000 1,000 1,000 1,000 2038 CITY ATTORNEY 14,248 35,000 35,000 35,000 35,000 35,000 2039 PRINTING,COPYING & ADVERTISING 2,921 5,000 5,000 5,000 5,000 5,000 2041 LIABILITY & FIRE INSURANCE 3,998 3,210 3,210 4,490 4,490 4,490 2044 DUES AND SUBSCRIPTIONS 813 500 500 500 500 500
2050 FLEET MAINTENANCE 2,779 100 0 0 0 0
2051 VEHICLE REPLACMENT 42 0 0 0 0 0
2052 PERSONAL AUTO ALLOWANCE 2,888 2,880 2,880 2,880 2,880 2,880 2054 RECRUITMENT,TESTING,HIRING PROCESS 47,923 50,000 50,000 50,000 50,000 50,000 2055 ADMINISTRATIVE FEES 59,529 56,510 56,510 42,000 42,000 42,000 2510 SOFTWARE MAINTENANCE 22,034 21,000 20,050 21,770 21,770 21,770 2551 EQUIPMENT REPLACEMENT 10,610 9,920 9,920 10,190 10,190 10,190 Total TOTAL MAINTENANCE & OPERATIONS 205,143 235,530 232,420 226,290 226,290 226,290 Format Name(s): S = 2023v5 O = 2023 Exp Page: 10
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 11 001 GENERAL
4060 HUMAN RESOURCES
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total HUMAN RESOURCES 552,866 567,970 544,450 574,830 574,830 574,830 Format Name(s): S = 2023v5 O = 2023 Exp Page: 11
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 12 001 GENERAL
4100 CODE ENFORCEMENT
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 163,762 193,570 193,570 293,180 293,180 293,180 1025 OVERTIME PAY 6,787 6,000 6,000 0 8,000 8,000
1027 VACATION & HOLIDAY PAY 12,154 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 0 0 0 2,270 2,270 2,270 1030 SICK PAY 14,339 0 0 0 0 0
1101 P.E.R.S. 16,343 15,620 15,620 22,260 22,260 22,260 1102 SURVIVORS' BENEFITS 65 60 60 90 90 90
1103 F.I.C.A. 2,514 2,540 2,540 3,900 4,010 3,990
1104 HEALTH INSURANCE 37,255 31,930 31,930 42,520 42,520 45,090 1105 WORKERS' COMP INS BENEFIT 36,721 37,140 37,140 39,000 40,700 40,680 1106 EMPLOYEE ASSISTANCE PROGRAM 141 140 140 200 200 200 1109 PARS 0 0 0 1,770 1,770 1,770
1111 PERS FLAT 33,205 37,750 37,750 40,570 40,570 40,570 Total TOTAL PERSONAL SERVICES 323,286 324,750 324,750 445,760 455,570 458,100 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 0 1,000 500 2,000 2,000 2,000
2013 POSTAGE 2,084 2,500 2,500 3,500 3,500 3,500
2014 REPAIRS & MAINTENANCE 0 100 100 200 200 200
2015 COMMUNICATIONS 2,418 2,500 2,500 6,000 6,000 6,000 2016 TRAVEL, CONFERENCE & TRAINING 2,895 4,000 4,120 5,500 5,500 5,500 2021 CLOTHING & UNIFORMS 1,669 1,850 1,850 5,500 5,500 5,500 2023 FUEL AND LUBRICANTS 1,299 2,900 1,500 2,900 3,190 3,190 2025 OFFICE SUPPLIES 469 1,100 800 1,200 1,200 1,200
2032 GENERAL SUPPLIES 429 1,800 1,800 2,000 2,000 2,000 2039 PRINTING,COPYING & ADVERTISING 20 700 700 1,000 1,000 1,000 2041 LIABILITY & FIRE INSURANCE 3,302 3,290 3,290 6,510 6,510 6,510 2044 DUES AND SUBSCRIPTIONS 360 600 600 600 600 600
2050 FLEET MAINTENANCE 375 5,000 5,000 5,000 5,000 5,000 2051 VEHICLE REPLACMENT 0 9,600 9,600 9,600 9,600 9,600 2055 ADMINISTRATIVE FEES 36,440 38,330 38,330 38,780 38,780 38,780 2142 WEED ABATEMENT/LOT CLEARING COSTS 56,322 60,000 0 50,000 50,000 50,000 2510 SOFTWARE MAINTENANCE 2,286 2,400 2,400 2,500 2,500 2,500 2551 EQUIPMENT REPLACEMENT 3,490 2,300 2,300 2,300 2,300 2,300 Total TOTAL MAINTENANCE & OPERATIONS 113,858 139,970 77,890 145,090 145,380 145,380 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Format Name(s): S = 2023v5 O = 2023 Exp Page: 12
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 13 001 GENERAL
4100 CODE ENFORCEMENT
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
Total OTHER FINANCING USES 0 0 0 0 0 0
Total CODE ENFORCEMENT 437,144 464,720 402,640 590,850 600,950 603,480 Format Name(s): S = 2023v5 O = 2023 Exp Page: 13
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 14 001 GENERAL
4101 CODE ENFORCEMENT - MEASURE I
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 63,622 72,500 72,500 62,340 62,340 62,340 1024 ACTING PAY 176 0 4,500 0 0 0
1025 OVERTIME PAY 2,615 3,000 2,500 0 0 0
1027 VACATION & HOLIDAY PAY 5,222 0 0 0 0 0
1030 SICK PAY 2,412 0 0 0 0 0
1101 P.E.R.S. 6,135 5,850 5,850 4,720 4,720 4,720
1102 SURVIVORS' BENEFITS 24 20 20 20 20 20
1103 F.I.C.A. 1,063 1,080 1,080 900 900 900
1104 HEALTH INSURANCE 13,953 11,960 11,960 11,960 11,960 11,960 1105 WORKERS' COMP INS BENEFIT 15,517 15,830 15,830 13,210 13,210 13,210 1106 EMPLOYEE ASSISTANCE PROGRAM 53 50 50 50 50 50
1111 PERS FLAT 12,436 14,140 14,140 15,200 15,200 15,200 Total TOTAL PERSONAL SERVICES 123,228 124,430 128,430 108,400 108,400 108,400 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 0 510 510 600 600 600
2015 COMMUNICATIONS 0 1,000 1,000 1,000 1,000 1,000
2016 TRAVEL, CONFERENCE & TRAINING 275 500 500 700 700 700 2021 CLOTHING & UNIFORMS 350 850 850 850 850 850
2023 FUEL AND LUBRICANTS 745 2,800 2,800 2,800 3,080 3,080 2032 GENERAL SUPPLIES 0 1,000 1,000 1,000 1,000 1,000
2041 LIABILITY & FIRE INSURANCE 1,237 1,230 1,230 1,650 1,650 1,650 2044 DUES AND SUBSCRIPTIONS 95 0 0 0 0 0
2050 FLEET MAINTENANCE 1,466 1,300 1,300 1,300 1,300 1,300 2051 VEHICLE REPLACMENT 0 4,800 4,800 4,800 4,800 4,800 2055 ADMINISTRATIVE FEES 8,550 8,720 8,720 8,640 8,640 8,640 Total TOTAL MAINTENANCE & OPERATIONS 12,718 22,710 22,710 23,340 23,620 23,620 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
Total CODE ENFORCEMENT - MEASURE I 135,946 147,140 151,140 131,740 132,020 132,020 Format Name(s): S = 2023v5 O = 2023 Exp Page: 14
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 15 001 GENERAL
4105 ANIMAL CONTROL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 294,678 378,980 313,000 389,840 389,840 427,130 1023 SEASONAL WAGES 19,344 20,000 14,800 36,000 36,000 0 1025 OVERTIME PAY 28,468 30,000 28,490 30,000 30,000 30,000 1027 VACATION & HOLIDAY PAY 28,423 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 0 3,310 0 3,270 3,270 3,270 1030 SICK PAY 16,846 0 0 0 0 0
1101 P.E.R.S. 28,889 30,510 23,000 29,560 29,560 32,390 1102 SURVIVORS' BENEFITS 160 170 170 170 170 190
1103 F.I.C.A. 5,376 6,000 4,880 6,420 6,420 6,960
1104 HEALTH INSURANCE 90,557 83,720 66,490 83,720 83,720 95,680 1105 WORKERS' COMP INS BENEFIT 68,622 77,880 55,560 83,180 83,180 91,080 1106 EMPLOYEE ASSISTANCE PROGRAM 348 370 310 370 370 420 1109 PARS 2,428 2,590 1,200 0 0 0
1111 PERS FLAT 87,054 98,960 98,960 106,370 106,370 106,370 Total TOTAL PERSONAL SERVICES 671,193 732,490 606,860 768,900 768,900 793,490 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 1,260 1,100 1,100 5,000 5,000 5,000 2013 POSTAGE 3,692 3,500 2,000 3,500 3,500 3,500
2014 REPAIRS & MAINTENANCE 6,838 6,000 6,500 6,500 6,500 6,500 2015 COMMUNICATIONS 1,998 2,100 2,100 2,100 2,100 2,100 2016 TRAVEL, CONFERENCE & TRAINING 118 4,000 1,000 4,000 4,000 4,000 2017 PROFESSIONAL & TECHNICAL SERVI 0 1,500 1,500 1,500 1,500 1,500 2018 CONTRACTUAL MAINTENANCE 5,103 6,000 6,000 6,420 6,420 6,420 2021 CLOTHING & UNIFORMS 3,065 3,500 3,500 4,000 4,000 4,000 2023 FUEL AND LUBRICANTS 12,668 12,000 12,000 20,000 22,000 22,000 2025 OFFICE SUPPLIES 2,419 2,500 1,500 2,500 2,500 2,500 2032 GENERAL SUPPLIES 15,262 15,000 10,000 15,000 15,000 15,000 2034 UTILITIES 30,700 30,000 30,000 32,000 32,000 32,000 2039 PRINTING,COPYING & ADVERTISING 6,754 7,000 7,000 7,200 7,200 7,200 2041 LIABILITY & FIRE INSURANCE 8,134 8,640 8,640 12,010 12,010 12,010 2044 DUES AND SUBSCRIPTIONS 250 300 300 300 300 300
2050 FLEET MAINTENANCE 12,981 20,500 20,500 18,000 18,000 18,000 2051 VEHICLE REPLACMENT 0 19,200 19,200 19,200 19,200 19,200 2055 ADMINISTRATIVE FEES 74,410 78,410 78,410 47,030 47,030 47,030 2101 PHARMACEUTICALS 53,754 50,000 50,000 54,000 54,000 54,000 2102 THERAPY SUPPLIES 1,000 1,000 1,000 1,000 1,000 1,000 2103 DISPOSAL 25,365 22,000 22,000 22,000 22,000 22,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 15
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 16 001 GENERAL
4105 ANIMAL CONTROL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
2104 VETERINARIAN 14,772 25,000 18,000 25,000 25,000 25,000 2105 FOOD 13,221 13,500 13,500 14,500 14,500 14,500
2106 VETERINARIAN/MEDICAL 39,543 50,000 50,000 50,000 50,000 50,000 2510 SOFTWARE MAINTENANCE 1,073 1,200 1,200 1,200 1,200 1,200 2551 EQUIPMENT REPLACEMENT 3,900 3,720 3,720 4,340 4,340 4,340 Total TOTAL MAINTENANCE & OPERATIONS 338,280 387,670 370,670 378,300 380,300 380,300 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total ANIMAL CONTROL 1,009,473 1,120,160 977,530 1,147,200 1,149,200 1,173,790 Format Name(s): S = 2023v5 O = 2023 Exp Page: 16
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 17 001 GENERAL
4110 NON-DEPARTMENTAL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
Total TOTAL PERSONAL SERVICES 0 0 0 0 0 0
2000 TOTAL MAINTENANCE & OPERATIONS
2014 REPAIRS & MAINTENANCE 211 0 0 0 0 0
2015 COMMUNICATIONS 16,600 17,000 17,000 17,000 17,000 17,000 2016 TRAVEL, CONFERENCE & TRAINING 0 0 2,500 0 0 0
2017 PROFESSIONAL & TECHNICAL SERVI 0 0 0 0 250,000 250,000 2025 OFFICE SUPPLIES 14 0 0 0 0 0
2032 GENERAL SUPPLIES 1,176 1,500 1,500 1,500 1,500 1,500 2038 CITY ATTORNEY 216,626 220,000 235,000 220,000 220,000 220,000 2039 PRINTING,COPYING & ADVERTISING 0 1,000 500 1,000 1,000 1,000 2051 VEHICLE REPLACMENT 0 0 0 0 9,600 9,600
2055 ADMINISTRATIVE FEES 38,330 46,950 46,950 37,690 37,690 37,690 2063 TULARE CO. ASSOC. OF GOVERNMEN 26,767 28,000 27,060 28,000 28,000 28,000 2066 PUBLIC RELATIONS - TOWNSEND 62,880 62,880 62,880 62,880 62,880 62,880 2067 TULARE HISTORICAL SOCIETY 12,500 12,500 12,500 12,500 12,500 12,500 2081 LAFCO FEES 25,265 25,400 25,340 25,400 25,400 25,400 2261 BAD DEBT EXPENSE 3,070 2,500 0 2,500 2,500 2,500
2551 EQUIPMENT REPLACEMENT 24,820 24,820 24,820 24,860 24,860 24,860 2560 CLEAN UP 0 75,000 0 75,000 75,000 75,000
Total TOTAL MAINTENANCE & OPERATIONS 428,259 517,550 456,050 508,330 767,930 767,930 5000 SPECIAL M & O PROJECTS
5101 LAWSUIT SETTLEMENT 138,047 0 50,000 0 0 0
Total SPECIAL M & O PROJECTS 138,047 0 50,000 0 0 0
7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
8000 DEBT SERVICE
Total DEBT SERVICE 0 0 0 0 0 0
9000 OTHER FINANCING USES
9005 OP TFR TO AVIATION FUND 0 0 0 50,000 50,000 50,000 9007 OP TFR TO SR SVCS 190,682 378,830 378,830 338,360 338,560 338,560 9008 OP TFR TO DEVELOPMENT SVCS 300,000 300,000 300,000 300,000 300,000 300,000 9017 OP TFR TO FIN AUTH D/S 2,217,000 2,200,000 2,200,000 2,200,000 2,200,000 2,200,000 9018 OP TFR TO DOWNTOWN PARKING 100,000 112,020 112,020 117,530 117,530 117,530 9045 OP TFR TO COVID 19 FUND 125,530 0 0 0 0 0
9048 OP TFR TO PROPERTY MGMT 300,000 250,000 250,000 250,000 250,000 250,000 9063 OP TFR TO UNEMP INS TR 73,426 50,000 50,000 50,000 50,000 50,000 9081 OP TFR TO SUCCESSOR HOUSING 12,347 0 123,530 38,500 38,500 38,500 Format Name(s): S = 2023v5 O = 2023 Exp Page: 17
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 18 001 GENERAL
4110 NON-DEPARTMENTAL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
9601 OP TFR TO OTH GEN CIP 200,000 200,000 200,000 550,000 550,000 550,000 9603 OP TFR TO TECHNOLOGY CIP FUND 50,000 300,000 300,000 300,000 300,000 300,000 9690 OP TFR TO CATASTROPHIC FUND 0 150,000 150,000 150,000 150,000 150,000 9695 OP TFR TO PERSONNEL FUND 50,000 50,000 50,000 50,000 50,000 50,000 Total OTHER FINANCING USES 3,618,985 3,990,850 4,114,380 4,394,390 4,394,590 4,394,590 Total NON-DEPARTMENTAL 4,185,291 4,508,400 4,620,430 4,902,720 5,162,520 5,162,520 Format Name(s): S = 2023v5 O = 2023 Exp Page: 18
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 19 001 GENERAL
4220 POLICE - ADMINISTRATION
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 1,561,136 1,960,740 1,810,200 1,942,810 1,942,810 1,945,300 1023 SEASONAL WAGES 42,480 40,000 25,500 43,000 43,000 43,000 1025 OVERTIME PAY 152,925 155,000 155,000 160,000 160,000 160,000 1026 WORKERS' COMPENSATION PAY 37,426 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 181,678 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 6,256 25,080 20,000 26,520 26,520 26,520 1029 HOLIDAY PAY - POLICE & FIRE 10,979 10,030 10,030 8,030 8,030 8,030 1030 SICK PAY 71,288 0 0 0 0 0
1031 SDI PAY 2,237 0 0 0 0 0
1101 P.E.R.S. 237,199 238,450 238,450 220,060 220,060 220,250 1102 SURVIVORS' BENEFITS 669 680 680 660 660 660
1103 F.I.C.A. 27,815 30,200 30,000 30,380 30,380 30,410 1104 HEALTH INSURANCE 339,917 299,000 275,800 300,200 300,200 300,200 1105 WORKERS' COMP INS BENEFIT 170,901 204,150 177,600 193,480 193,480 193,510 1106 EMPLOYEE ASSISTANCE PROGRAM 1,459 1,480 1,480 1,430 1,430 1,430 1107 DISABILITY INSURANCE BENEFITS 882 620 620 410 410 410 1109 PARS 6,885 7,240 7,240 8,080 8,080 8,080
1111 PERS FLAT 369,841 426,320 426,320 449,180 449,180 449,180 Total TOTAL PERSONAL SERVICES 3,221,973 3,398,990 3,178,920 3,384,240 3,384,240 3,386,980 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 2,082 3,000 3,000 5,000 5,000 5,000 2013 POSTAGE 3,359 3,500 3,500 3,800 3,800 3,800
2014 REPAIRS & MAINTENANCE 11 2,000 2,000 2,140 2,140 2,140 2015 COMMUNICATIONS 35,421 30,000 34,500 40,000 40,000 40,000 2016 TRAVEL, CONFERENCE & TRAINING 4,858 10,000 7,500 10,000 10,000 10,000 2017 PROFESSIONAL & TECHNICAL SERVI 14,147 20,000 20,000 21,400 21,400 21,400 2018 CONTRACTUAL MAINTENANCE 18,760 25,000 20,000 25,000 25,000 25,000 2021 CLOTHING & UNIFORMS 12,727 14,000 14,000 15,500 15,500 15,500 2023 FUEL AND LUBRICANTS 9,740 22,200 22,200 15,000 16,500 16,500 2025 OFFICE SUPPLIES 9,970 18,000 18,000 19,260 19,260 19,260 2028 TUITION REIMBURSEMENT 4,075 2,500 2,500 2,500 2,500 2,500 2032 GENERAL SUPPLIES 15,296 18,000 18,000 19,260 19,260 19,260 2034 UTILITIES 79,408 65,000 65,000 70,000 70,000 70,000 2038 CITY ATTORNEY 0 6,000 6,000 6,000 6,000 6,000
2039 PRINTING,COPYING & ADVERTISING 29,066 32,000 32,000 37,000 37,000 37,000 2040 RENTS & LEASES 0 2,000 4,000 6,000 6,000 6,000
2041 LIABILITY & FIRE INSURANCE 34,099 34,540 34,540 46,630 46,630 46,630 Format Name(s): S = 2023v5 O = 2023 Exp Page: 19
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 20 001 GENERAL
4220 POLICE - ADMINISTRATION
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
2044 DUES AND SUBSCRIPTIONS 5,581 6,500 6,500 6,500 6,500 6,500 2050 FLEET MAINTENANCE 12,927 36,000 36,000 30,000 30,000 30,000 2051 VEHICLE REPLACMENT 50,000 70,000 70,110 91,200 91,200 91,200 2055 ADMINISTRATIVE FEES 578,330 597,280 597,280 612,610 612,610 612,610 2096 P.O.S.T. TRAINING EXPENSE 9,492 17,500 17,500 17,500 17,500 17,500 2510 SOFTWARE MAINTENANCE 152,470 192,500 192,500 218,680 218,680 218,680 2520 DATA COMMUNICATION 31,767 40,000 40,000 45,000 45,000 45,000 2551 EQUIPMENT REPLACEMENT 203,930 211,100 211,100 216,620 216,620 216,620 Total TOTAL MAINTENANCE & OPERATIONS 1,317,516 1,478,620 1,477,730 1,582,600 1,584,100 1,584,100 5000 SPECIAL M & O PROJECTS
Total SPECIAL M & O PROJECTS 0 0 0 0 0 0
6000 CAPITAL IMPROVEMENTS
Total CAPITAL IMPROVEMENTS 0 0 0 0 0 0
7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total POLICE - ADMINISTRATION 4,539,489 4,877,610 4,656,650 4,966,840 4,968,340 4,971,080 Format Name(s): S = 2023v5 O = 2023 Exp Page: 20
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 21 001 GENERAL
4221 POLICE - PATROL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 2,547,272 3,263,120 3,085,000 3,396,130 3,396,130 3,474,120 1024 ACTING PAY 1,506 0 5,000 0 0 0
1025 OVERTIME PAY 493,135 450,000 550,000 550,000 550,000 550,000 1026 WORKERS' COMPENSATION PAY 204,192 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 267,853 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 12,001 45,150 20,000 46,570 46,570 46,570 1029 HOLIDAY PAY - POLICE & FIRE 63,866 60,210 68,000 66,230 66,230 68,240 1030 SICK PAY 76,211 0 0 0 0 0
1101 P.E.R.S. 541,329 555,350 545,350 555,750 555,750 567,960 1102 SURVIVORS' BENEFITS 828 850 850 870 870 890
1103 F.I.C.A. 48,496 53,610 53,610 57,380 57,380 58,540 1104 HEALTH INSURANCE 394,563 358,800 329,500 394,680 394,680 406,640 1105 WORKERS' COMP INS BENEFIT 720,218 757,740 753,730 810,220 810,220 827,170 1106 EMPLOYEE ASSISTANCE PROGRAM 1,808 1,850 1,700 1,900 1,900 1,950 1107 DISABILITY INSURANCE BENEFITS 6,640 4,150 7,820 4,770 4,770 4,980 1111 PERS FLAT 463,522 553,040 553,040 658,190 658,190 658,190 Total TOTAL PERSONAL SERVICES 5,843,440 6,103,870 5,973,600 6,542,690 6,542,690 6,665,250 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 0 3,000 3,000 5,000 5,000 5,000
2013 POSTAGE 0 0 0 100 100 100
2014 REPAIRS & MAINTENANCE 195 4,000 4,000 4,000 4,000 4,000 2015 COMMUNICATIONS 1,641 1,600 1,600 1,800 1,800 1,800 2016 TRAVEL, CONFERENCE & TRAINING 6,088 30,000 30,000 32,100 32,100 32,100 2017 PROFESSIONAL & TECHNICAL SERVI 15,244 30,000 20,000 30,000 30,000 30,000 2018 CONTRACTUAL MAINTENANCE 696 0 0 0 0 0
2021 CLOTHING & UNIFORMS 56,081 65,000 65,000 72,000 72,000 72,000 2023 FUEL AND LUBRICANTS 148,961 151,600 151,600 195,000 214,500 214,500 2025 OFFICE SUPPLIES 249 2,000 2,540 2,700 2,700 2,700
2028 TUITION REIMBURSEMENT 5,320 2,500 2,500 2,500 2,500 2,500 2032 GENERAL SUPPLIES 29,730 55,000 55,000 59,000 59,000 59,000 2039 PRINTING,COPYING & ADVERTISING 222 500 500 500 500 500 2041 LIABILITY & FIRE INSURANCE 241,955 242,780 222,780 341,290 341,290 341,290 2044 DUES AND SUBSCRIPTIONS 537 1,500 1,500 1,500 1,500 1,500 2050 FLEET MAINTENANCE 264,089 120,000 120,000 220,000 220,000 220,000 2051 VEHICLE REPLACMENT 50,000 70,000 70,000 313,200 473,200 473,200 2055 ADMINISTRATIVE FEES 246,230 308,750 308,750 178,520 178,520 178,520 2096 P.O.S.T. TRAINING EXPENSE 42,957 30,000 30,000 30,000 30,000 30,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 21
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 22 001 GENERAL
4221 POLICE - PATROL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
2203 DUI LAB FEES 40,288 37,000 37,000 40,000 40,000 40,000 2551 EQUIPMENT REPLACEMENT 23,880 29,100 29,100 29,100 29,100 29,100 Total TOTAL MAINTENANCE & OPERATIONS 1,174,363 1,184,330 1,154,870 1,558,310 1,737,810 1,737,810 7000 CAPITAL OUTLAY
7010 WEAPONS 59,804 0 0 0 0 0
Total CAPITAL OUTLAY 59,804 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total POLICE - PATROL 7,077,607 7,288,200 7,128,470 8,101,000 8,280,500 8,403,060 Format Name(s): S = 2023v5 O = 2023 Exp Page: 22
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 23 001 GENERAL
4222 POLICE - INVESTIGATIONS
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 895,860 1,149,390 1,149,390 1,181,760 1,181,760 1,181,760 1024 ACTING PAY 3,397 0 340 7,120 7,120 0
1025 OVERTIME PAY 215,908 200,000 200,000 220,000 220,000 220,000 1026 WORKERS' COMPENSATION PAY 71,470 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 96,723 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 5,137 9,050 9,050 9,710 9,710 9,710 1029 HOLIDAY PAY - POLICE & FIRE 18,900 18,060 19,850 18,060 18,060 18,060 1030 SICK PAY 21,011 0 0 0 0 0
1101 P.E.R.S. 193,896 195,430 195,430 200,220 200,220 198,740 1102 SURVIVORS' BENEFITS 315 310 310 310 310 310
1103 F.I.C.A. 17,532 19,230 19,230 20,060 20,060 19,960 1104 HEALTH INSURANCE 181,392 155,480 155,480 155,480 155,480 155,480 1105 WORKERS' COMP INS BENEFIT 222,777 240,450 240,450 250,380 250,380 248,870 1106 EMPLOYEE ASSISTANCE PROGRAM 688 690 690 690 690 690 1107 DISABILITY INSURANCE BENEFITS 5,047 1,450 5,000 1,450 1,450 1,450 1111 PERS FLAT 173,484 204,800 204,800 233,080 233,080 233,080 Total TOTAL PERSONAL SERVICES 2,123,537 2,194,340 2,200,020 2,298,320 2,298,320 2,288,110 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 0 500 500 5,000 5,000 5,000
2013 POSTAGE 144 300 350 1,000 1,000 1,000
2014 REPAIRS & MAINTENANCE 1,746 2,000 2,000 2,000 2,000 2,000 2015 COMMUNICATIONS 1,563 2,200 2,200 2,200 2,200 2,200 2016 TRAVEL, CONFERENCE & TRAINING 9,339 15,000 7,500 15,000 15,000 15,000 2017 PROFESSIONAL & TECHNICAL SERVI 48,161 52,000 56,000 60,000 60,000 60,000 2018 CONTRACTUAL MAINTENANCE 178 0 0 0 0 0
2021 CLOTHING & UNIFORMS 12,858 14,700 14,700 15,800 15,800 15,800 2023 FUEL AND LUBRICANTS 18,785 19,500 19,500 26,000 28,600 28,600 2025 OFFICE SUPPLIES 2,274 2,000 2,000 2,200 2,200 2,200 2028 TUITION REIMBURSEMENT 0 1,000 1,000 1,000 1,000 1,000 2032 GENERAL SUPPLIES 11,905 15,000 15,000 20,000 20,000 20,000 2040 RENTS & LEASES 4,000 8,000 8,000 8,000 8,000 8,000 2041 LIABILITY & FIRE INSURANCE 16,075 16,040 16,080 22,450 22,450 22,450 2044 DUES AND SUBSCRIPTIONS 50 700 700 700 700 700
2050 FLEET MAINTENANCE 46,264 41,000 41,000 40,000 40,000 40,000 2051 VEHICLE REPLACMENT 50,000 70,000 70,000 60,000 80,000 80,000 2055 ADMINISTRATIVE FEES 119,760 133,770 133,770 137,870 137,870 137,870 2096 P.O.S.T. TRAINING EXPENSE 21,292 20,000 20,000 20,000 20,000 20,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 23
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 24 001 GENERAL
4222 POLICE - INVESTIGATIONS
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
Total TOTAL MAINTENANCE & OPERATIONS 364,394 413,710 410,300 439,220 461,820 461,820 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total POLICE - INVESTIGATIONS 2,487,931 2,608,050 2,610,320 2,737,540 2,760,140 2,749,930 Format Name(s): S = 2023v5 O = 2023 Exp Page: 24
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 25 001 GENERAL
4224 POLICE - MEASURE I
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 1,643,713 2,490,500 2,205,680 2,523,620 2,523,620 2,450,850 1024 ACTING PAY 2,828 7,150 1,000 7,150 7,150 0
1025 OVERTIME PAY 394,629 385,000 468,390 500,000 500,000 500,000 1026 WORKERS' COMPENSATION PAY 280,748 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 122,476 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 6,079 8,270 5,000 8,520 8,520 8,520 1029 HOLIDAY PAY - POLICE & FIRE 40,752 52,180 52,180 54,190 54,190 52,180 1030 SICK PAY 67,028 0 0 0 0 0
1031 SDI PAY 2,811 0 0 0 0 0
1101 P.E.R.S. 305,558 363,060 306,780 346,220 346,220 330,700 1102 SURVIVORS' BENEFITS 634 730 730 730 730 700
1103 F.I.C.A. 31,522 41,060 34,730 43,040 43,040 41,960 1104 HEALTH INSURANCE 333,315 340,080 274,900 322,920 322,920 310,960 1105 WORKERS' COMP INS BENEFIT 479,154 571,800 521,170 599,000 599,000 583,150 1106 EMPLOYEE ASSISTANCE PROGRAM 1,384 1,580 1,380 1,580 1,580 1,530 1107 DISABILITY INSURANCE BENEFITS 2,328 4,980 2,400 5,190 5,190 4,980 1111 PERS FLAT 408,527 487,150 487,150 562,470 562,470 562,470 Total TOTAL PERSONAL SERVICES 4,123,486 4,753,540 4,361,490 4,974,630 4,974,630 4,848,000 2000 TOTAL MAINTENANCE & OPERATIONS
2017 PROFESSIONAL & TECHNICAL SERVI 200 0 0 0 0 0
2021 CLOTHING & UNIFORMS 23,050 37,000 37,000 37,000 37,000 37,000 2023 FUEL AND LUBRICANTS 23,063 40,000 40,000 26,000 28,600 28,600 2032 GENERAL SUPPLIES 4,160 4,200 4,200 4,500 4,500 4,500 2041 LIABILITY & FIRE INSURANCE 32,333 36,840 36,840 51,410 51,410 51,410 2050 FLEET MAINTENANCE 44,363 41,000 41,000 55,000 55,000 55,000 2051 VEHICLE REPLACMENT 50,000 70,000 70,000 97,200 97,200 97,200 2055 ADMINISTRATIVE FEES 176,160 196,940 196,940 135,070 135,070 135,070 Total TOTAL MAINTENANCE & OPERATIONS 353,329 425,980 425,980 406,180 408,780 408,780 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total POLICE - MEASURE I 4,476,815 5,179,520 4,787,470 5,380,810 5,383,410 5,256,780 Format Name(s): S = 2023v5 O = 2023 Exp Page: 25
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 26 Format Name(s): S = 2023v5 O = 2023 Exp Page: 26
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 27 001 GENERAL
4230 FIRE SUPPRESSION/PREVENTION
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 2,316,711 3,034,310 2,999,160 3,086,900 3,086,900 2,892,900 1023 SEASONAL WAGES 0 0 60,000 0 0 0
1024 ACTING PAY 2,556 0 2,600 0 0 0
1025 OVERTIME PAY 637,406 465,000 651,000 700,000 700,000 700,000 1026 WORKERS' COMPENSATION PAY 70,152 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 271,513 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 2,118 9,650 125,000 10,790 10,790 10,230 1029 HOLIDAY PAY - POLICE & FIRE 70,670 72,010 73,000 72,010 72,010 67,040 1030 SICK PAY 125,406 0 0 0 0 0
1032 OVERTIME - STRIKE TEAM 319,635 250,000 250,000 250,000 250,000 250,000 1099 OUTSIDE LABOR 4,610 0 12,410 0 0 0
1101 P.E.R.S. 504,259 534,650 497,270 561,480 561,480 489,070 1102 SURVIVORS' BENEFITS 740 800 800 800 800 750
1103 F.I.C.A. 52,168 53,220 53,220 57,780 57,780 54,980 1104 HEALTH INSURANCE 410,920 382,720 363,580 397,070 397,070 380,950 1105 WORKERS' COMP INS BENEFIT 510,318 510,800 510,800 552,530 552,530 524,700 1106 EMPLOYEE ASSISTANCE PROGRAM 1,615 1,740 1,740 1,750 1,750 1,650 1109 PARS 2,544 2,650 2,650 3,430 3,430 3,430
1111 PERS FLAT 581,711 687,880 687,880 811,960 811,960 811,960 Total TOTAL PERSONAL SERVICES 5,885,052 6,005,430 6,291,110 6,506,500 6,506,500 6,187,660 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 4,058 3,000 3,000 3,240 3,240 3,240 2013 POSTAGE 1,184 1,500 1,250 1,620 1,620 1,620
2014 REPAIRS & MAINTENANCE 17,071 20,000 20,000 21,600 21,600 21,600 2015 COMMUNICATIONS 197,997 185,000 218,300 225,000 225,000 225,000 2016 TRAVEL, CONFERENCE & TRAINING 13,580 30,000 30,000 40,000 40,000 40,000 2017 PROFESSIONAL & TECHNICAL SERVI 47,380 78,000 78,000 84,240 84,240 84,240 2018 CONTRACTUAL MAINTENANCE 54,653 60,000 60,000 64,800 64,800 64,800 2021 CLOTHING & UNIFORMS 42,263 40,000 40,000 50,000 50,000 50,000 2022 FOOD & MEALS 27 0 0 0 0 0
2023 FUEL AND LUBRICANTS 43,258 70,000 80,000 88,000 96,800 96,800 2025 OFFICE SUPPLIES 4,130 5,500 5,000 5,940 5,940 5,940 2028 TUITION REIMBURSEMENT 16,393 5,000 2,500 5,400 5,400 5,400 2032 GENERAL SUPPLIES 68,962 85,000 75,000 91,800 91,800 91,800 2034 UTILITIES 57,787 50,000 64,000 69,140 69,140 69,140 2039 PRINTING,COPYING & ADVERTISING 9,755 7,000 7,000 8,000 8,000 8,000 2041 LIABILITY & FIRE INSURANCE 37,748 40,540 36,000 56,830 56,830 56,830 Format Name(s): S = 2023v5 O = 2023 Exp Page: 27
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 28 001 GENERAL
4230 FIRE SUPPRESSION/PREVENTION
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
2044 DUES AND SUBSCRIPTIONS 1,542 3,200 2,000 3,200 3,200 3,200 2050 FLEET MAINTENANCE 27,441 13,000 10,000 20,000 20,000 20,000 2051 VEHICLE REPLACMENT 20,000 74,400 74,400 74,400 74,400 74,400 2053 FLEET MAINTENANCE-OUTSIDE 102,965 80,000 88,000 90,000 100,000 100,000 2055 ADMINISTRATIVE FEES 354,060 380,400 380,400 407,180 407,180 407,180 2132 OUTSIDE TRAINING 0 0 4,000 25,000 25,000 25,000
2142 WEED ABATEMENT 7,989 0 15,000 15,000 15,000 15,000 2510 SOFTWARE MAINTENANCE 476 36,850 30,000 34,420 34,420 34,420 2551 EQUIPMENT REPLACEMENT 206,140 206,970 206,970 209,210 209,210 209,210 Total TOTAL MAINTENANCE & OPERATIONS 1,336,859 1,475,360 1,530,820 1,694,020 1,712,820 1,712,820 5000 SPECIAL M & O PROJECTS
5101 2019 SHSGP EXPENSE 33,671 0 0 0 0 0
Total SPECIAL M & O PROJECTS 33,671 0 0 0 0 0
6000 CAPITAL IMPROVEMENTS
Total CAPITAL IMPROVEMENTS 0 0 0 0 0 0
7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total FIRE SUPPRESSION/PREVENTION 7,255,582 7,480,790 7,821,930 8,200,520 8,219,320 7,900,480 Format Name(s): S = 2023v5 O = 2023 Exp Page: 28
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 29 001 GENERAL
4231 FIRE - MEASURE I
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 706,485 851,230 825,980 848,790 848,790 1,016,070 1024 ACTING PAY 1,020 0 1,000 0 0 0
1025 OVERTIME PAY 208,671 180,000 185,000 180,000 180,000 180,000 1026 WORKERS' COMPENSATION PAY 29,935 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 66,580 0 0 0 0 0
1029 HOLIDAY PAY - POLICE & FIRE 24,521 24,830 25,000 24,830 24,830 29,800 1030 SICK PAY 19,559 0 0 0 0 0
1032 OVERTIME - STRIKE TEAM 76,762 0 75,000 75,000 75,000 75,000 1101 P.E.R.S. 135,039 136,720 123,000 133,950 133,950 144,710 1102 SURVIVORS' BENEFITS 243 240 240 240 240 290
1103 F.I.C.A. 15,609 14,910 15,000 15,970 15,970 18,390 1104 HEALTH INSURANCE 125,579 107,640 107,640 107,640 107,640 134,160 1105 WORKERS' COMP INS BENEFIT 159,040 148,170 148,170 158,660 158,660 182,730 1106 EMPLOYEE ASSISTANCE PROGRAM 529 530 530 530 530 630 1111 PERS FLAT 207,441 244,830 244,830 255,460 255,460 255,460 Total TOTAL PERSONAL SERVICES 1,777,013 1,709,100 1,751,390 1,801,070 1,801,070 2,037,240 2000 TOTAL MAINTENANCE & OPERATIONS
2016 TRAVEL, CONFERENCE & TRAINING 0 2,000 2,000 3,500 3,500 3,500 2017 PROFESSIONAL & TECHNICAL SERVI 5,875 10,000 10,000 10,800 10,800 10,800 2021 CLOTHING & UNIFORMS 10,481 13,000 13,000 14,040 14,040 14,040 2028 TUITION REIMBURSEMENT 0 0 500 500 500 500
2041 LIABILITY & FIRE INSURANCE 12,366 12,340 12,340 17,190 17,190 17,190 2051 VEHICLE REPLACMENT 0 7,200 7,200 7,200 7,200 7,200 2055 ADMINISTRATIVE FEES 74,440 73,480 73,480 70,340 70,340 70,340 Total TOTAL MAINTENANCE & OPERATIONS 103,162 118,020 118,520 123,570 123,570 123,570 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total FIRE - MEASURE I 1,880,175 1,827,120 1,869,910 1,924,640 1,924,640 2,160,810 Format Name(s): S = 2023v5 O = 2023 Exp Page: 29
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 30 001 GENERAL
4320 STREETS MAINTENANCE
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 477,370 563,970 570,000 605,740 605,740 567,360 1023 SEASONAL WAGES 0 0 0 0 47,000 47,000
1025 OVERTIME PAY 19,888 35,000 35,000 35,000 35,000 35,000 1027 VACATION & HOLIDAY PAY 32,234 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 3,973 4,400 4,400 4,820 4,820 4,820 1030 SICK PAY 30,987 0 0 0 0 0
1031 SDI PAY 1,358 0 0 0 0 0
1099 OUTSIDE LABOR 46,665 55,000 55,000 110,000 55,000 55,000 1101 P.E.R.S. 46,296 45,350 45,350 45,920 45,920 43,010 1102 SURVIVORS' BENEFITS 228 230 230 230 230 210
1103 F.I.C.A. 7,760 8,280 8,400 8,860 9,550 9,000
1104 HEALTH INSURANCE 130,907 112,820 115,000 112,820 112,820 105,650 1105 WORKERS' COMP INS BENEFIT 83,753 89,540 91,000 95,920 103,580 97,420 1106 EMPLOYEE ASSISTANCE PROGRAM 497 500 500 500 500 470 1109 PARS 3,194 3,440 3,440 3,770 3,770 3,770
1111 PERS FLAT 116,031 131,900 131,900 143,300 143,300 143,300 Total TOTAL PERSONAL SERVICES 1,001,141 1,050,430 1,060,220 1,166,880 1,167,230 1,112,010 2000 TOTAL MAINTENANCE & OPERATIONS
2013 POSTAGE 1,018 1,300 1,300 1,300 1,300 1,300
2014 REPAIRS & MAINTENANCE 1,294 1,500 1,500 1,800 1,800 1,800 2015 COMMUNICATIONS 3,132 3,000 3,000 3,600 3,600 3,600 2016 TRAVEL, CONFERENCE & TRAINING 1,055 2,000 2,000 2,000 2,000 2,000 2017 PROFESSIONAL & TECHNICAL SERVI 1,952 5,500 5,000 3,000 3,000 3,000 2018 CONTRACTUAL MAINTENANCE 2,479 3,000 3,000 4,000 4,000 4,000 2021 CLOTHING & UNIFORMS 4,658 7,400 7,400 7,500 7,500 7,500 2023 FUEL AND LUBRICANTS 32,302 46,000 46,000 50,000 55,000 55,000 2025 OFFICE SUPPLIES 241 6,000 3,000 3,000 3,000 3,000
2029 UTILITIES - TRAFFIC SIGNALS 49,404 44,000 55,000 63,000 63,000 63,000 2030 UTILITIES - STREET LIGHTING 54 0 0 0 0 0
2032 GENERAL SUPPLIES 7,772 7,000 7,000 9,000 9,000 9,000 2034 UTILITIES 12,487 9,950 14,000 16,000 16,000 16,000 2039 PRINTING,COPYING & ADVERTISING 931 900 900 1,000 1,000 1,000 2041 LIABILITY & FIRE INSURANCE 11,604 11,640 11,640 16,290 16,290 16,290 2044 DUES AND SUBSCRIPTIONS 425 960 500 550 550 550
2049 LANDFILL FEES 4,714 3,000 3,000 6,000 6,000 6,000
2050 FLEET MAINTENANCE 98,071 102,800 100,000 110,000 110,000 110,000 2051 VEHICLE REPLACMENT 52,800 52,800 52,800 52,800 52,800 52,800 Format Name(s): S = 2023v5 O = 2023 Exp Page: 30
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 31 001 GENERAL
4320 STREETS MAINTENANCE
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
2052 PERSONAL AUTO ALLOWANCE 481 480 480 480 480 480
2055 ADMINISTRATIVE FEES 162,260 186,290 186,290 154,140 154,140 154,140 2510 SOFTWARE MAINTENANCE 428 850 850 800 800 800
2551 EQUIPMENT REPLACEMENT 9,930 9,620 9,620 10,260 10,260 10,260 Total TOTAL MAINTENANCE & OPERATIONS 459,492 505,990 514,280 516,520 521,520 521,520 5000 SPECIAL M & O PROJECTS
Total SPECIAL M & O PROJECTS 0 0 0 0 0 0
6000 CAPITAL IMPROVEMENTS
Total CAPITAL IMPROVEMENTS 0 0 0 0 0 0
7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
8000 DEBT SERVICE
8206 OVERSIZE LIABILITY-PRINCIPAL 0 0 0 54,320 54,320 54,320 Total DEBT SERVICE 0 0 0 54,320 54,320 54,320
9000 OTHER FINANCING USES
9643 OP TFR TO STREETS CIP 304,100 305,000 305,000 305,000 305,000 305,000 Total OTHER FINANCING USES 304,100 305,000 305,000 305,000 305,000 305,000 Total STREETS MAINTENANCE 1,764,733 1,861,420 1,879,500 2,042,720 2,048,070 1,992,850 Format Name(s): S = 2023v5 O = 2023 Exp Page: 31
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 32 001 GENERAL
4321 STREETS - MEASURE I
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
Total TOTAL PERSONAL SERVICES 0 0 0 0 0 0
2000 TOTAL MAINTENANCE & OPERATIONS
Total TOTAL MAINTENANCE & OPERATIONS 0 0 0 0 0 0
9000 OTHER FINANCING USES
9643 OP TFR TO STREETS CIP 200,000 200,000 200,000 200,000 200,000 200,000 Total OTHER FINANCING USES 200,000 200,000 200,000 200,000 200,000 200,000 Total STREETS - MEASURE I 200,000 200,000 200,000 200,000 200,000 200,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 32
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 33 001 GENERAL
4322 GRAFFITI ABATEMENT
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 44,238 52,950 52,950 55,340 55,340 55,340 1025 OVERTIME PAY 2,227 3,000 3,000 0 4,000 4,000
1027 VACATION & HOLIDAY PAY 4,440 0 0 0 0 0
1030 SICK PAY 2,349 0 0 0 0 0
1101 P.E.R.S. 4,369 4,270 4,270 4,210 4,210 4,210
1102 SURVIVORS' BENEFITS 24 20 20 20 20 20
1103 F.I.C.A. 760 800 800 790 850 850
1104 HEALTH INSURANCE 13,953 11,960 11,960 11,960 11,960 11,960 1105 WORKERS' COMP INS BENEFIT 8,513 8,980 8,980 8,880 9,530 9,530 1106 EMPLOYEE ASSISTANCE PROGRAM 53 50 50 50 50 50
1111 PERS FLAT 12,436 14,140 14,140 15,200 15,200 15,200 Total TOTAL PERSONAL SERVICES 93,362 96,170 96,170 96,450 101,160 101,160 2000 TOTAL MAINTENANCE & OPERATIONS
2014 REPAIRS & MAINTENANCE 5,500 5,500 4,000 6,500 6,500 6,500 2015 COMMUNICATIONS 93 200 200 2,000 2,000 2,000
2017 PROFESSIONAL & TECHNICAL SERVI 96 300 300 400 400 400 2021 CLOTHING & UNIFORMS 521 500 500 500 500 500
2023 FUEL AND LUBRICANTS 7,190 8,000 8,000 10,000 11,000 11,000 2025 OFFICE SUPPLIES 42 100 100 100 100 100
2032 GENERAL SUPPLIES 3,003 4,500 4,500 5,600 5,600 5,600 2039 PRINTING,COPYING & ADVERTISING 0 150 150 500 500 500 2041 LIABILITY & FIRE INSURANCE 1,237 1,230 1,230 1,730 1,730 1,730 2044 DUES AND SUBSCRIPTIONS 0 0 1,260 1,260 1,260 1,260 2050 FLEET MAINTENANCE 9,522 5,200 9,000 15,000 15,000 15,000 2051 VEHICLE REPLACMENT 0 11,400 11,400 11,400 11,400 11,400 2055 ADMINISTRATIVE FEES 11,430 11,960 11,960 12,100 12,100 12,100 Total TOTAL MAINTENANCE & OPERATIONS 38,634 49,040 52,600 67,090 68,090 68,090 9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total GRAFFITI ABATEMENT 131,996 145,210 148,770 163,540 169,250 169,250 Format Name(s): S = 2023v5 O = 2023 Exp Page: 33
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 34 001 GENERAL
4323 STREET LIGHTING
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 5,283 6,250 6,250 6,690 6,690 6,690 1025 OVERTIME PAY 228 1,000 0 1,000 1,000 1,000
1027 VACATION & HOLIDAY PAY 380 0 0 0 0 0
1030 SICK PAY 328 0 0 0 0 0
1101 P.E.R.S. 512 500 500 510 510 510
1102 SURVIVORS' BENEFITS 2 0 0 0 0 0
1103 F.I.C.A. 82 100 100 110 110 110
1104 HEALTH INSURANCE 1,395 1,200 1,200 1,200 1,200 1,200 1105 WORKERS' COMP INS BENEFIT 918 1,080 1,080 1,140 1,140 1,140 1106 EMPLOYEE ASSISTANCE PROGRAM 5 10 10 10 10 10
1111 PERS FLAT 1,244 1,410 1,410 1,520 1,520 1,520
Total TOTAL PERSONAL SERVICES 10,377 11,550 10,550 12,180 12,180 12,180 2000 TOTAL MAINTENANCE & OPERATIONS
2014 REPAIRS & MAINTENANCE 10,314 10,000 10,000 10,000 10,000 10,000 2016 TRAVEL, CONFERENCE & TRAINING 0 350 350 350 350 350 2017 PROFESSIONAL & TECHNICAL SERVI 0 500 500 500 500 500 2021 CLOTHING & UNIFORMS 20 100 100 100 100 100
2030 UTILITIES - STREET LIGHTING 732,482 720,000 800,000 880,000 880,000 880,000 2032 GENERAL SUPPLIES 41 300 300 300 300 300
2041 LIABILITY & FIRE INSURANCE 124 120 120 170 170 170 2044 DUES AND SUBSCRIPTIONS 1,260 1,500 1,500 1,500 1,500 1,500 2055 ADMINISTRATIVE FEES 3,390 1,240 1,240 7,380 7,380 7,380 Total TOTAL MAINTENANCE & OPERATIONS 747,631 734,110 814,110 900,300 900,300 900,300 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
Total STREET LIGHTING 758,008 745,660 824,660 912,480 912,480 912,480 Format Name(s): S = 2023v5 O = 2023 Exp Page: 34
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 35 001 GENERAL
4400 PARKS & RECREATION ADMIN
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 165,711 231,650 231,650 237,850 237,850 244,400 1024 ACTING PAY 1,482 0 1,300 0 0 0
1025 OVERTIME PAY 0 0 200 200 200 200
1027 VACATION & HOLIDAY PAY 28,867 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 12,790 4,590 4,590 5,030 5,030 5,280 1030 SICK PAY 5,196 0 0 0 0 0
1101 P.E.R.S. 15,566 18,600 18,600 18,010 18,010 18,500 1102 SURVIVORS' BENEFITS 59 70 70 70 70 70
1103 F.I.C.A. 2,783 3,240 3,240 3,390 3,390 3,490
1104 HEALTH INSURANCE 31,121 35,880 35,880 35,880 35,880 35,880 1105 WORKERS' COMP INS BENEFIT 5,996 3,240 3,240 3,390 3,390 3,490 1106 EMPLOYEE ASSISTANCE PROGRAM 128 160 160 160 160 160 1109 PARS 2,794 3,580 3,580 3,930 3,930 4,130
1111 PERS FLAT 37,309 42,410 42,410 45,590 45,590 45,590 Total TOTAL PERSONAL SERVICES 309,802 343,420 344,920 353,500 353,500 361,190 2000 TOTAL MAINTENANCE & OPERATIONS
2013 POSTAGE 26 250 250 250 250 250
2015 COMMUNICATIONS 2,660 3,700 3,700 3,700 3,700 3,700 2016 TRAVEL, CONFERENCE & TRAINING 0 500 500 500 500 500 2017 PROFESSIONAL & TECHNICAL SERVI 0 3,750 3,750 3,750 3,750 3,750 2025 OFFICE SUPPLIES 1,017 3,500 3,500 3,500 3,500 3,500 2032 GENERAL SUPPLIES 38 0 0 0 0 0
2034 UTILITIES 35,545 36,000 36,000 36,000 36,000 36,000 2039 PRINTING,COPYING & ADVERTISING 0 1,600 1,600 1,600 1,600 1,600 2041 LIABILITY & FIRE INSURANCE 2,983 3,640 3,640 5,180 5,180 5,180 2044 DUES AND SUBSCRIPTIONS 0 200 200 200 200 200
2052 PERSONAL AUTO ALLOWANCE 3,521 6,000 6,000 6,000 6,000 6,000 2055 ADMINISTRATIVE FEES 61,940 67,390 67,390 66,380 66,380 66,380 2510 SOFTWARE MAINTENANCE 68 350 350 570 570 570
2551 EQUIPMENT REPLACEMENT 900 3,400 3,400 200 200 200
Total TOTAL MAINTENANCE & OPERATIONS 108,698 130,280 130,280 127,830 127,830 127,830 Total PARKS & RECREATION ADMIN 418,500 473,700 475,200 481,330 481,330 489,020 Format Name(s): S = 2023v5 O = 2023 Exp Page: 35
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 36 001 GENERAL
4410 PARKS
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 479,976 695,650 695,650 748,360 748,360 754,300 1023 SEASONAL WAGES 21,440 35,000 35,000 0 35,000 35,000 1024 ACTING PAY 2,000 0 3,000 5,350 5,350 5,350
1025 OVERTIME PAY 16,822 16,000 16,000 16,000 16,000 16,000 1026 WORKERS' COMPENSATION PAY 10,394 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 64,295 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 0 2,230 0 2,430 2,430 2,660 1030 SICK PAY 42,085 0 0 0 0 0
1101 P.E.R.S. 45,729 55,540 55,540 57,130 57,130 57,580 1102 SURVIVORS' BENEFITS 242 310 310 310 310 310
1103 F.I.C.A. 8,877 10,660 10,660 11,030 11,540 11,630
1104 HEALTH INSURANCE 138,339 153,090 153,090 141,130 141,130 141,130 1105 WORKERS' COMP INS BENEFIT 88,593 107,670 107,670 105,240 110,940 111,020 1106 EMPLOYEE ASSISTANCE PROGRAM 529 680 680 680 680 680 1109 PARS 789 1,740 1,740 1,900 1,900 2,080
1111 PERS FLAT 147,992 168,230 168,230 194,510 194,510 194,510 Total TOTAL PERSONAL SERVICES 1,068,102 1,246,800 1,247,570 1,284,070 1,325,280 1,332,250 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 0 50 50 50 50 50
2013 POSTAGE 4 80 80 80 80 80
2014 REPAIRS & MAINTENANCE 120,198 135,000 135,000 150,000 150,000 150,000 2015 COMMUNICATIONS 735 1,500 0 3,000 3,000 3,000
2016 TRAVEL, CONFERENCE & TRAINING 2,596 1,900 1,900 3,500 3,500 3,500 2017 PROFESSIONAL & TECHNICAL SERVI 145 840 840 840 840 840 2018 CONTRACTUAL MAINTENANCE 350,563 363,500 363,500 376,920 376,920 376,920 2021 CLOTHING & UNIFORMS 7,499 6,550 10,000 8,000 8,000 8,000 2023 FUEL AND LUBRICANTS 24,356 38,000 38,000 40,000 44,000 44,000 2025 OFFICE SUPPLIES 1,062 1,000 1,000 1,000 1,000 1,000 2032 GENERAL SUPPLIES 61,709 75,000 75,000 75,000 75,000 75,000 2034 UTILITIES 458,847 460,000 460,000 460,000 460,000 460,000 2039 PRINTING,COPYING & ADVERTISING 49 2,000 2,000 2,000 2,000 2,000 2040 RENTS & LEASES 21,737 15,000 30,000 20,000 20,000 20,000 2041 LIABILITY & FIRE INSURANCE 12,367 15,630 15,630 22,110 22,110 22,110 2044 DUES AND SUBSCRIPTIONS 0 200 200 500 500 500
2046 TAXES 619 1,200 1,200 1,200 1,200 1,200
2049 LANDFILL FEES 19,728 10,000 20,000 19,000 19,000 19,000 2050 FLEET MAINTENANCE 20,478 18,000 18,000 40,000 40,000 40,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 36
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 37 001 GENERAL
4410 PARKS
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
2051 VEHICLE REPLACMENT 40,000 64,200 64,200 64,200 64,200 64,200 2055 ADMINISTRATIVE FEES 120,920 129,310 129,310 131,640 131,640 131,640 2134 BASEBALL UTILITY 12,500 12,500 12,500 12,500 12,500 12,500 2135 SOFTBALL UTILITY 12,500 12,500 12,500 12,500 12,500 12,500 2551 EQUIPMENT REPLACEMENT 33,130 34,300 34,300 35,100 35,100 35,100 Total TOTAL MAINTENANCE & OPERATIONS 1,321,742 1,398,260 1,425,210 1,479,140 1,483,140 1,483,140 5000 SPECIAL M & O PROJECTS
Total SPECIAL M & O PROJECTS 0 0 0 0 0 0
6000 CAPITAL IMPROVEMENTS
Total CAPITAL IMPROVEMENTS 0 0 0 0 0 0
7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
8000 DEBT SERVICE
8206 OVERSIZE LIABILITY-PRINCIPAL 0 54,330 54,330 54,330 54,330 54,330 Total DEBT SERVICE 0 54,330 54,330 54,330 54,330 54,330 9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total PARKS 2,389,844 2,699,390 2,727,110 2,817,540 2,862,750 2,869,720 Format Name(s): S = 2023v5 O = 2023 Exp Page: 37
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 38 001 GENERAL
4420 RECREATION & COMMUNITY SVCS
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 189,622 227,420 227,420 238,320 238,320 238,320 1023 SEASONAL WAGES 43,378 297,000 403,000 595,000 595,000 595,000 1024 ACTING PAY 689 0 460 0 0 0
1025 OVERTIME PAY 0 0 60 0 0 0
1027 VACATION & HOLIDAY PAY 16,364 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 1,772 8,730 3,000 9,150 9,150 9,150 1030 SICK PAY 18,020 0 0 0 0 0
1101 P.E.R.S. 18,277 18,260 18,260 18,040 18,040 18,040 1102 SURVIVORS' BENEFITS 75 70 90 70 70 70
1103 F.I.C.A. 3,911 7,720 7,720 12,150 12,150 12,150
1104 HEALTH INSURANCE 42,044 35,880 35,880 35,880 35,880 35,880 1105 WORKERS' COMP INS BENEFIT 17,370 32,620 32,620 50,780 50,780 50,780 1106 EMPLOYEE ASSISTANCE PROGRAM 159 160 160 160 160 160 1109 PARS 6,709 6,820 6,820 7,150 7,150 7,150
1111 PERS FLAT 37,309 42,410 42,410 45,590 45,590 45,590 Total TOTAL PERSONAL SERVICES 395,699 677,090 777,900 1,012,290 1,012,290 1,012,290 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 0 500 500 500 500 500
2013 POSTAGE 247 1,020 500 1,020 1,020 1,020
2014 REPAIRS & MAINTENANCE 0 1,050 1,050 1,050 1,050 1,050 2015 COMMUNICATIONS 1,640 2,200 2,200 2,200 2,200 2,200 2016 TRAVEL, CONFERENCE & TRAINING 815 900 900 1,500 1,500 1,500 2017 PROFESSIONAL & TECHNICAL SERVI 3,780 10,500 10,500 10,500 10,500 10,500 2021 CLOTHING & UNIFORMS 700 2,030 2,030 2,030 2,030 2,030 2023 FUEL AND LUBRICANTS 737 1,900 1,900 2,000 2,200 2,200 2025 OFFICE SUPPLIES 375 1,500 1,500 1,500 1,500 1,500
2032 GENERAL SUPPLIES 7,568 23,000 27,000 33,850 33,850 33,850 2039 PRINTING,COPYING & ADVERTISING 7,789 16,000 16,000 20,000 20,000 20,000 2040 RENTS & LEASES 40 10,000 10,000 12,000 12,000 12,000 2041 LIABILITY & FIRE INSURANCE 3,726 3,700 3,700 5,180 5,180 5,180 2044 DUES AND SUBSCRIPTIONS 1,316 1,550 1,550 1,550 1,550 1,550 2050 FLEET MAINTENANCE 4,128 6,700 4,000 4,000 4,000 4,000 2051 VEHICLE REPLACMENT 0 9,600 9,600 9,600 9,600 9,600 2055 ADMINISTRATIVE FEES 268,930 278,640 278,640 285,930 285,930 285,930 2551 EQUIPMENT REPLACEMENT 3,190 1,590 1,590 5,080 5,080 5,080 Total TOTAL MAINTENANCE & OPERATIONS 304,981 372,380 373,160 399,490 399,690 399,690 6000 CAPITAL IMPROVEMENTS
Format Name(s): S = 2023v5 O = 2023 Exp Page: 38
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 39 001 GENERAL
4420 RECREATION & COMMUNITY SVCS
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
Total CAPITAL IMPROVEMENTS 0 0 0 0 0 0
7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total RECREATION & COMMUNITY SVCS 700,680 1,049,470 1,151,060 1,411,780 1,411,980 1,411,980 Format Name(s): S = 2023v5 O = 2023 Exp Page: 39
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 40 001 GENERAL
4451 LIBRARY
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 481,382 565,580 545,580 562,370 562,370 562,370 1023 SEASONAL WAGES 409 60,000 47,000 60,000 60,000 60,000 1027 VACATION & HOLIDAY PAY 49,393 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 2,235 11,370 0 11,700 11,700 11,700 1030 SICK PAY 16,525 0 0 0 0 0
1101 P.E.R.S. 46,798 45,420 42,340 42,480 42,480 42,480 1102 SURVIVORS' BENEFITS 243 240 240 230 230 230
1103 F.I.C.A. 7,693 8,940 8,940 8,970 8,970 8,970
1104 HEALTH INSURANCE 139,532 119,600 119,600 104,260 104,260 101,660 1105 WORKERS' COMP INS BENEFIT 7,700 8,930 8,930 8,940 8,940 8,940 1106 EMPLOYEE ASSISTANCE PROGRAM 529 530 530 500 500 500 1109 PARS 8,607 8,900 8,900 9,180 9,180 9,180
1111 PERS FLAT 124,363 141,370 141,370 151,960 151,960 151,960 Total TOTAL PERSONAL SERVICES 885,409 970,880 923,430 960,590 960,590 957,990 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 3,455 3,500 2,000 3,500 3,500 3,500 2013 POSTAGE 2,482 1,500 2,000 2,000 2,000 2,000
2014 REPAIRS & MAINTENANCE 236 500 670 1,000 1,000 1,000 2015 COMMUNICATIONS 1,310 1,500 1,000 1,100 1,100 1,100 2016 TRAVEL, CONFERENCE & TRAINING 374 1,200 1,000 1,500 1,500 1,500 2017 PROFESSIONAL & TECHNICAL SERVI 43,350 58,000 58,000 59,000 59,000 59,000 2018 CONTRACTUAL MAINTENANCE 1,870- 3,500 5,000 4,000 4,000 4,000 2025 OFFICE SUPPLIES 6,992 7,500 7,000 6,500 6,500 6,500 2027 BOOKS AND MAGAZINES 84,560 90,000 90,000 92,000 92,000 92,000 2032 GENERAL SUPPLIES 3,937 6,500 6,500 7,000 7,000 7,000 2034 UTILITIES 97,011 90,000 90,000 90,000 90,000 90,000 2039 PRINTING,COPYING & ADVERTISING 13,409 9,500 9,500 9,500 9,500 9,500 2041 LIABILITY & FIRE INSURANCE 12,366 12,340 12,340 16,370 16,370 16,370 2044 DUES AND SUBSCRIPTIONS 63,734 70,000 70,000 70,000 70,000 70,000 2055 ADMINISTRATIVE FEES 293,330 311,620 311,620 334,660 334,660 334,660 2551 EQUIPMENT REPLACEMENT 13,900 13,690 13,690 13,890 13,890 13,890 Total TOTAL MAINTENANCE & OPERATIONS 638,576 680,850 680,320 712,020 712,020 712,020 7000 CAPITAL OUTLAY
Total CAPITAL OUTLAY 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Format Name(s): S = 2023v5 O = 2023 Exp Page: 40
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 41 001 GENERAL
Total LIBRARY 1,523,985 1,651,730 1,603,750 1,672,610 1,672,610 1,670,010 Format Name(s): S = 2023v5 O = 2023 Exp Page: 41
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 42 001 GENERAL
4751 STORM DRAINAGE
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
1000 TOTAL PERSONAL SERVICES
Total TOTAL PERSONAL SERVICES 0 0 0 0 0 0
2000 TOTAL MAINTENANCE & OPERATIONS
2055 ADMINISTRATIVE FEES 0 150- 150- 0 0 0
Total TOTAL MAINTENANCE & OPERATIONS 0 150- 150- 0 0 0
5000 SPECIAL M & O PROJECTS
Total SPECIAL M & O PROJECTS 0 0 0 0 0 0
6000 CAPITAL IMPROVEMENTS
Total CAPITAL IMPROVEMENTS 0 0 0 0 0 0
8000 DEBT SERVICE
8206 OVERSIZE LIABILITY-PRINCIPAL 146,852 56,490 103,500 56,490 56,490 56,490 8306 OVERSIZE LIABILITY - INTEREST 718 0 300 0 0 0
Total DEBT SERVICE 147,570 56,490 103,800 56,490 56,490 56,490 9000 OTHER FINANCING USES
9067 OP TFR TO SURFACE WATER MGMT FUND 272,000 272,000 272,000 272,000 272,000 272,000 9647 OP TFR TO STORM DR CIP 200,000 200,000 200,000 200,000 200,000 200,000 Total OTHER FINANCING USES 472,000 472,000 472,000 472,000 472,000 472,000 Total STORM DRAINAGE 619,570 528,340 575,650 528,490 528,490 528,490 Format Name(s): S = 2023v5 O = 2023 Exp Page: 42
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 43 001 GENERAL
4800 PRINTING
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
Council Approve Council Recomme
2022 2023
C Mgr Recommend
2000 TOTAL MAINTENANCE & OPERATIONS
Total TOTAL MAINTENANCE & OPERATIONS 0 0 0 0 0 0
9000 OTHER FINANCING USES
Total OTHER FINANCING USES 0 0 0 0 0 0
Total PRINTING 0 0 0 0 0 0
Format Name(s): S = 2023v5 O = 2023 Exp Page: 43
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 44 001 GENERAL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
C Mgr Recommend
2023
Council Recomme
2022
Council Approve
1000 TOTAL PERSONAL SERVICES
1021 REGULAR SALARIES 13,170,693 17,115,060 16,388,430 17,761,970 17,761,970 17,819,710 1022 REG PART TIME SALARIES 20,009 27,690 32,400 0 0 0
1023 SEASONAL WAGES 128,816 456,600 595,260 745,600 827,600 791,600 1024 ACTING PAY 15,654 7,150 19,200 19,620 19,620 5,350 1025 OVERTIME PAY 2,179,709 1,929,000 2,300,640 2,392,200 2,404,200 2,404,200 1026 WORKERS' COMPENSATION PAY 705,801 0 0 0 0 0
1027 VACATION & HOLIDAY PAY 1,364,287 0 0 0 0 0
1028 VACATION/HOLIDAY/SICK BUY-BACK 71,638 169,810 202,600 188,360 188,360 190,790 1029 HOLIDAY PAY - POLICE & FIRE 229,688 237,320 248,060 243,350 243,350 243,350 1030 SICK PAY 600,484 0 0 0 0 0
1031 SDI PAY 17,067 0 0 0 0 0
1032 OVERTIME - STRIKE TEAM 396,397 250,000 325,000 325,000 325,000 325,000 1099 OUTSIDE LABOR 51,275 55,000 67,410 110,000 55,000 55,000 1101 P.E.R.S. 2,262,700 2,375,190 2,309,040 2,379,730 2,379,730 2,319,280 1102 SURVIVORS' BENEFITS 4,950 5,200 5,220 5,220 5,220 5,210 1103 F.I.C.A. 253,652 281,670 274,560 305,030 306,400 307,180 1104 HEALTH INSURANCE 2,648,848 2,419,480 2,248,430 2,448,240 2,448,240 2,468,440 1105 WORKERS' COMP INS BENEFIT 2,615,192 2,839,850 2,736,000 2,997,200 3,012,910 3,011,660 1106 EMPLOYEE ASSISTANCE PROGRAM 10,948 11,580 11,170 11,630 11,630 11,670 1107 DISABILITY INSURANCE BENEFITS 14,897 11,200 15,840 11,820 11,820 11,820 1108 DEFERRED COMPENSATION BENEFITS 0 0 0 10,900 10,900 10,900 1109 PARS 63,227 68,710 65,650 76,390 76,390 78,730
1111 PERS FLAT 3,000,575 3,511,640 3,511,640 4,001,130 4,001,130 4,001,130 Total TOTAL PERSONAL SERVICES 29,826,507 31,772,150 31,356,550 34,033,390 34,089,470 34,061,020 2000 TOTAL MAINTENANCE & OPERATIONS
2012 PUBLIC RELATIONS 13,354 19,610 17,410 34,340 34,340 34,340 2013 POSTAGE 26,093 31,950 28,180 35,070 35,070 35,070
2014 REPAIRS & MAINTENANCE 163,614 187,650 186,820 206,790 206,790 206,790 2015 COMMUNICATIONS 279,376 265,920 301,790 324,310 324,310 324,310 2016 TRAVEL, CONFERENCE & TRAINING 51,388 116,480 103,920 151,850 151,850 151,850 2017 PROFESSIONAL & TECHNICAL SERVI 359,942 587,190 628,170 629,730 904,730 904,730 2018 CONTRACTUAL MAINTENANCE 430,562 461,000 457,500 481,140 481,140 481,140 2020 TRAINING 554 6,000 7,340 7,500 7,500 7,500
2021 CLOTHING & UNIFORMS 175,963 206,480 209,930 232,820 232,820 232,820 2022 FOOD & MEALS 27 0 0 0 0 0
2023 FUEL AND LUBRICANTS 324,486 415,850 424,000 478,200 526,020 526,020 2025 OFFICE SUPPLIES 34,612 57,250 52,490 56,750 56,750 56,750 2027 BOOKS AND MAGAZINES 84,560 90,000 90,000 92,000 92,000 92,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 44
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 45 001 GENERAL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
C Mgr Recommend
2023
Council Recomme
2022
Council Approve
2028 TUITION REIMBURSEMENT 25,788 11,000 9,000 11,900 11,900 11,900 2029 UTILITIES - TRAFFIC SIGNALS 49,404 44,000 55,000 63,000 63,000 63,000 2030 UTILITIES - STREET LIGHTING 732,536 720,000 800,000 880,000 880,000 880,000 2032 GENERAL SUPPLIES 238,345 319,750 308,250 352,510 352,510 352,510 2034 UTILITIES 771,785 740,950 759,000 773,140 773,140 773,140 2038 CITY ATTORNEY 230,874 261,000 276,000 261,000 261,000 261,000 2039 PRINTING,COPYING & ADVERTISING 94,940 108,000 106,950 118,600 118,600 118,600 2040 RENTS & LEASES 25,777 35,000 52,000 46,000 46,000 46,000 2041 LIABILITY & FIRE INSURANCE 450,816 463,910 438,840 649,790 649,790 649,790 2044 DUES AND SUBSCRIPTIONS 101,852 117,820 116,190 118,690 118,690 118,690 2046 TAXES 619 1,200 1,200 1,200 1,200 1,200
2049 LANDFILL FEES 24,442 13,000 23,000 25,000 25,000 25,000 2050 FLEET MAINTENANCE 546,462 411,700 406,900 559,800 559,800 559,800 2051 VEHICLE REPLACMENT 318,222 535,200 535,310 816,800 1,006,400 1,006,400 2052 PERSONAL AUTO ALLOWANCE 20,367 22,800 22,860 27,120 27,120 27,120 2053 FLEET MAINTENANCE-OUTSIDE 102,965 80,000 88,000 90,000 100,000 100,000 2054 RECRUITMENT,TESTING,HIRING PROCESS 47,923 50,000 50,000 50,000 50,000 50,000 2055 ADMINISTRATIVE FEES 2,973,109 3,207,840 3,207,840 2,936,700 2,936,700 2,936,700 2063 TULARE CO. ASSOC. OF GOVERNMEN 26,767 28,000 27,060 28,000 28,000 28,000 2064 CHAMBER OF COMMERCE 12,500 25,000 25,000 25,000 25,000 25,000 2065 ELECTION COST 24,422 0 0 25,000 75,000 75,000
2066 PUBLIC RELATIONS - TOWNSEND 62,880 62,880 62,880 62,880 62,880 62,880 2067 TULARE HISTORICAL SOCIETY 12,500 12,500 12,500 12,500 12,500 12,500 2081 LAFCO FEES 25,265 25,400 25,340 25,400 25,400 25,400 2092 TULARE COUNTY ECONOMIC DEVELOPMENT 25,000 25,000 25,000 25,000 25,000 25,000 2096 P.O.S.T. TRAINING EXPENSE 73,741 67,500 67,500 67,500 67,500 67,500 2101 PHARMACEUTICALS 53,754 50,000 50,000 54,000 54,000 54,000 2102 THERAPY SUPPLIES 1,000 1,000 1,000 1,000 1,000 1,000 2103 DISPOSAL 25,365 22,000 22,000 22,000 22,000 22,000 2104 VETERINARIAN 14,772 25,000 18,000 25,000 25,000 25,000 2105 FOOD 13,221 13,500 13,500 14,500 14,500 14,500
2106 VETERINARIAN/MEDICAL 39,543 50,000 50,000 50,000 50,000 50,000 2116 TRAVEL - DISTRICT 1 550 2,500 470- 2,500 2,500 2,500 2117 MANDATED FEES 0 2,500 2,500 2,500 2,500 2,500
2132 OUTSIDE TRAINING 0 0 4,000 25,000 25,000 25,000
2134 BASEBALL UTILITY 12,500 12,500 12,500 12,500 12,500 12,500 2135 SOFTBALL UTILITY 12,500 12,500 12,500 12,500 12,500 12,500 2142 WEED ABATEMENT/LOT CLEARING COSTS (S-55) 64,311 60,000 15,000 65,000 65,000 65,000 2203 TULARE CO PROP TAX ADMIN FEES 177,182 175,000 189,260 202,000 202,000 202,000 Format Name(s): S = 2023v5 O = 2023 Exp Page: 45
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 46 001 GENERAL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
C Mgr Recommend
2023
Council Recomme
2022
Council Approve
2216 TRAVEL - DISTRICT 2 600 2,500 2,500 2,500 2,500 2,500 2217 COMMUNITY IMPROVEMENT - DISTRICT 2 0 2,500 2,500 2,500 2,500 2,500 2223 MBIA CONSULTANT FEES 62,651 90,000 90,000 50,000 50,000 50,000 2225 SB 90 CONSULTANT FEES 4,800 5,000 5,000 5,000 5,000 5,000 2261 BAD DEBT EXPENSE 3,070 2,500 0 2,500 2,500 2,500
2316 TRAVEL - DISTRICT 3 0 2,500 2,500 2,500 2,500 2,500 2317 COMMUNITY IMPROVEMENT - DISTRICT 3 0 2,500 2,500 2,500 2,500 2,500 2416 TRAVEL - DISTRICT 4 550 2,500 2,500 2,500 2,500 2,500 2417 COMMUNITY IMPROVEMENT - DISTRICT 4 0 2,500 2,500 2,500 2,500 2,500 2510 SOFTWARE MAINTENANCE 378,173 466,950 459,830 521,380 521,380 521,380 2516 TRAVEL - DISTRICT 5 0 2,500 2,500 2,500 2,500 2,500 2517 COMMUNITY IMPROVEMENT - DISTRICT 5 0 2,500 2,500 2,500 2,500 2,500 2520 DATA COMMUNICATION 31,767 40,000 40,000 45,000 45,000 45,000 2551 EQUIPMENT REPLACEMENT 618,150 637,200 637,200 647,760 647,760 647,760 2560 CLEAN UP 0 75,000 0 75,000 75,000 75,000
Total TOTAL MAINTENANCE & OPERATIONS 10,478,291 11,597,980 11,650,990 12,638,170 13,210,590 13,210,590 5000 SPECIAL M & O PROJECTS
5101 LAWSUIT SETTLEMENT 171,718 0 50,000 0 0 0
Total SPECIAL M & O PROJECTS 171,718 0 50,000 0 0 0
6000 CAPITAL IMPROVEMENTS
Total CAPITAL IMPROVEMENTS 0 0 0 0 0 0
7000 CAPITAL OUTLAY
7010 WEAPONS 59,804 0 0 0 0 0
Total CAPITAL OUTLAY 59,804 0 0 0 0 0
8000 DEBT SERVICE
8206 OVERSIZE LIABILITY-PRINCIPAL 146,852 110,820 157,830 165,140 165,140 165,140 8306 CITIBANK LEASE - INTEREST 718 0 300 0 0 0
Total DEBT SERVICE 147,570 110,820 158,130 165,140 165,140 165,140 9000 OTHER FINANCING USES
9005 OP TFR TO AVIATION FUND 0 0 0 50,000 50,000 50,000 9007 OP TFR TO SR SVCS 190,682 378,830 378,830 338,360 338,560 338,560 9008 OP TFR TO DEVELOPMENT SVCS 300,000 300,000 300,000 300,000 300,000 300,000 9017 OP TFR TO FIN AUTH D/S 2,217,000 2,200,000 2,200,000 2,200,000 2,200,000 2,200,000 9018 OP TFR TO DOWNTOWN PARKING 100,000 112,020 112,020 117,530 117,530 117,530 9045 OP TFR TO COVID 19 FUND 125,530 0 0 0 0 0
9048 OP TFR TO PROPERTY MGMT 300,000 250,000 250,000 250,000 250,000 250,000 9063 OP TFR TO UNEMP INS TR 73,426 50,000 50,000 50,000 50,000 50,000 9067 OP TFR TO SURFACE WATER MGMT FUND 272,000 272,000 272,000 272,000 272,000 272,000 9081 OP TFR TO SUCCESSOR HOUSING 12,347 0 123,530 38,500 38,500 38,500 Format Name(s): S = 2023v5 O = 2023 Exp Page: 46
05/26/2022 9:28PM CITY OF TULARE
OExpFlex.rpt Expenditure by Object Budget Flexsheet: Council Recommendation Page: 47 001 GENERAL
2021
Title/Object Actuals
2023
Dept Request
2022
Yr. End Est
2023
C Mgr Recommend
2023
Council Recomme
2022
Council Approve
9601 OP TFR TO OTH GEN CIP 200,000 200,000 200,000 550,000 550,000 550,000 9603 OP TFR TO TECHNOLOGY CIP FUND 50,000 300,000 300,000 300,000 300,000 300,000 9643 OP TFR TO STREETS CIP 504,100 505,000 505,000 505,000 505,000 505,000 9647 OP TFR TO STORM DRAIN CIP 200,000 200,000 200,000 200,000 200,000 200,000 9690 OP TFR TO CATASTROPHIC FUND 0 150,000 150,000 150,000 150,000 150,000 9695 OP TFR TO PERSONNEL FUND 50,000 50,000 50,000 50,000 50,000 50,000 Total OTHER FINANCING USES 4,595,085 4,967,850 5,091,380 5,371,390 5,371,590 5,371,590 Total GENERAL 45,278,975 48,448,800 48,307,050 52,208,090 52,836,790 52,808,340 Format Name(s): S = 2023v5 O = 2023 Exp Page: 47

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Discussion and possible adoption of a resolution 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 have a general tax imposed against it 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 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. However, the market rates are well below those rates and will be established at a later date if the tax is approved.

STAFF RECOMMENDATION:

Approve the attached resolution to place the tax on the November 8, 2022, general election for approval by the residents.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A AGENDA ITEM: General Business 2
FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Mario Zamora Title: City Attorney
Date: June 2, 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 8, 2022, 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 2022-XX Page 2
Section 4. Ballot Question. The question submitted by Section 3 of this Resolution shall appear on the ballot as follows:

To fund general municipal expenses such as police, fire, address homelessness, roads, and recreation, shall the City tax cannabis 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 Registrar of Voters 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 Registrar of Voters.

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 7th day of June, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-XX Page 3
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

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

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022-XX Page 4

EXHIBIT A
ORDINANCE 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE ADDING CHAPTER 5.98 (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 98 of Title 5 of the Tulare Municipal Code to read as follows:

CHAPTER 5.98

CANNABIS BUSINESS TAX
Sections:

5.98.010 Title.

5.98.020 Authority and Purpose.

5.98.030 Intent.

5.98.040 Definitions.

5.98.050 Tax imposed.

5.98.060 Reporting and remittance of tax.

5.98.070 Payments and communications –timely remittance.

5.98.080 Payment – when taxes deemed delinquent.

5.98.090 Notice not required by City.

5.98.100 Penalties and interest.

5.98.110 Refunds and credits.

5.98.120 Refunds and procedures.

5.98.130 Personal cultivation not taxed.

5.98.140 Administration of the tax.

5.98.150 Appeal procedure.

5.98.160 Enforcement –action to collect.

5.98.170 Apportionment.

5.98.180 Constitutionality and legality.

5.98.190 Audit and examination of premises and records.

5.98.200 Other licenses, permits, taxes or charges.

5.98.210 Payment of tax does not authorize unlawful business.

5.98.220 Deficiency determinations.

5.98.230 Failure to report – nonpayment, fraud.

5.98.240 Tax assessment –notice requirements.

5.98.250 Tax assessment – hearing, application, and determination.

5.98.260 Relief from taxes-disaster relief.

5.98.270 Conviction for violation – taxes not waived.

5.98.280 Violation deemed misdemeanor.

5.98.290 Severability.

5.98.300 Remedies cumulative.

5.98.310 Amendment or repeal.

5.98.010 Title.

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

5.98.020 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.

5.98.030 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.

5.98.040 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” as used herein shall follow the definition in Section 5.96.240.

C. “Cannabis product” as used herein shall follow the definition in Section 5.96.240.

D. “Canopy” as used herein shall follow the definition in Section 5.96.240.

E. “Cannabis business” as used herein shall follow the definition in Section

5.96.240.

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” as used herein shall follow the definition in Section 5.96.240.

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” as used herein shall follow the definition in Section 5.96.240.

J. “Employee” as used herein shall follow the definition in Section 5.96.240.

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,” as used herein shall follow the definition in Section 5.96.240.

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” as used herein shall follow the definition in Section 5.96.240.

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.

5.98.50 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 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.

C. 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. Ten dollars ($10.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting. iii. Ten dollars ($10.00) annually per square foot of canopy space in a facility that uses no artificial lighting.
iv. Ten dollars ($10.00) 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 if available, or the closest geographically available data as determined by Council. 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 (10%) 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 (10%) of gross receipts.

4. For every person who engages in a cannabis distribution business, the maximum tax rate shall not exceed three percent (10%) 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 (10%) of gross receipts.

5.98.60 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.

5.98.070 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.

5.98.080 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

5.98.060 and 5.98.070.

5.98.090 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.

5.98.100 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.

5.98.110 Refunds and credits.

A. No refund shall be made of any tax collected pursuant to this Chapter, except as provided in Section 5.98.120.

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.

5.98.120 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.

5.98.130 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.

5.98.140 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.

5.98.150 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.

5.98.160 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.

5.98.170 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.

5.98.180 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.

5.98.190 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.

5.98.200 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 5.98.060.

5.98.210 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.

5.98.220 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 5.98.240.

5.98.230 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.

5.98.240 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.

5.98.250 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

5.98.240 for giving notice of assessment.

5.98.260 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.

5.98.270 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.

5.98.280 Violation deemed misdemeanor.

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

5.98.290 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.

5.98.300 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.

5.98.310 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. CODE AMENDMENT. Section 240 of Chapter 96 of Title 5 of the Tulare Municipal Code is amended to read as follows:
…
“Gross Receipts” The total amount of revenue a cannabis operation received from all sources during its accounting period, without subtracting any costs or expenses.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 5.98.140 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.
…
SECTION 3. 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 4. This Ordinance was approved and adopted by the People of the City of Tulare at the City’s November 8, 2022 statewide election.

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

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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve a contract amendment with 4 Creeks in the amount of $253,247 for engineering and architectural services needed to complete the design, bidding and construction support related to the renovation of the former Courthouse building; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount.

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

In conjunction with the City’s recent acquisition of the former Tulare County Courthouse building, located adjacent to City Hall, the need to make improvements to the existing building and surrounding adjacent parking lot were identified. Improvements to the courthouse building are necessary for the City to occupy it as desired. At this time, the City plans to utilize a portion of the building for the Police Department to expand its office space and allow for social distancing requirements of COVID 19. This space will be occupied by the Police Department’s Detective and Special Investigations personnel. It will make remaining space accessible for use as a Small Business Incubator to encourage small businesses who might have otherwise launched during the pandemic. ADA compliance improvements, electrical and mechanical upgrades, as well as minor aesthetic improvements will be required to facilitate these uses.

Based on the current proposed improvements and recent cost escalations, initial estimates indicate there may be a need for additional funding for construction beyond what was originally anticipated and budgeted for this project. This is the result of several factors. As the City has experienced on other projects, supply chain issues, dramatic Consumer Price Index (CPI) fluctuations, and other cost escalations have driven construction costs higher than what could have been anticipated. Additionally, as with most rehabilitation/remodel projects of this kind, as further assessment of the building is made, the cost-benefit analysis of including specific improvements with the project, versus waiting until those specific systems fail, can lead to the increase of the scope of work. For example, there will be a need to reconfigure the existing mechanical (air conditioning and heating) system to accommodate the new improvements and functional changes in use. The estimated remaining life of the existing system is only 5-7 years. With this, the anticipated costs of replacement at that time out-weigh the cost savings the City might achieve by waiting to replace it until it fails. Additionally, there would be a AGENDA ITEM: General Business 3
substantial impact to the operation of the building at a future date of replacement, if the work is not included in the current project.

The City is currently exploring additional funding and potential financing options, should the need for additional funding become necessary. Staff will bring back these options, along with project phasing alternatives if necessary.

Additionally, 4 Creeks was also tasked with assessing existing conditions and creating a conceptual design for proposed improvements to the Courthouse building. Now that the project scope has been developed, and conceptual design completed, 4 Creeks has provided a proposal to incorporate the design of the building improvements into the balance of the parking lot, security, and ADA compliance improvements already under contract. They have proposed to complete this additional work for $253,247. This work will be performed in accordance with the terms and conditions of their existing on-call consultant services contract, is in line with industry standards, and falls within the amount budgeted for this project.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
017 – Lease Revenue Bonds
028 – ARPA
Submitted by: Nick Bartsch Title: Senior Project Manager Date: May 27, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program.

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

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.

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.

AGENDA ITEM: General Business 4
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 RECOMMENDATION:

Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program.

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

FY 2021/2022 Budget surplus
Submitted by: Marc Mondell Title: City Manager
Date: May 10, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Fire
For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Update and discussion regarding maintenance of vacant lots.

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

Fire Department staff has been actively working on weed/hazard abatement since the first week of April 2022, sending out 156 reminder postcards to all commercial properties that are vacant and undeveloped. At the beginning of May, official Notices of Violation (NOV) were processed. NOVs are sent via mail to each owner, providing them with a timeline to abate the property themselves. The NOV further advises that failure to comply will result in the City abating the parcel and levying a lien against the property. A total of 56 parcels have been issued formal NOVs in the month of May with a directive to abate their properties within 10 business days from receipt. Of the 56 noticed, 17 owners have abated their parcels as of May

27. The City contractor has already been hired to abate 4 lots, and staff anticipates that approximately 20 lots will need to be abated by the City contractor by June 7.

STAFF RECOMMENDATION:

Update and discussion regarding maintenance of vacant lots.

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 Ott Title: Fire Chief
Date: May 27, 2022 City Manager Approval: ____________
AGENDA ITEM: General Business 5

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney/Community & Economic Development For Council Meeting of: June 7, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement.

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

At the May 17, 2022, City Council meeting, Council members came to a consensus for staff to bring an item to Council for discussion on whether the parking of contractor tow trucks, while on rotation for services with the City of Tulare Police Department should be allowed to park in residential zones to improve response times.

The City of Tulare Police Department currently maintains a Tow Service Agreement with six tow truck companies who voluntarily elect to participate in the Police Department’s tow rotation program. The Agreement specifies mandatory response times depending upon the time of day and type of tow truck needed to respond. For example, the maximum response time during the day is as follows:

AGENDA ITEM: General Business 6
Council is being asked to discuss the parking of commercial vehicles in residential districts and specifically the applicability of tow trucks while operating under agreement with the Tulare Police Department.

STAFF RECOMMENDATION:

Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement.

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

N/A
ATTACHMENTS:

Attachment 1 – City of Tulare Police Department Tow Service Agreement Submitted by: Traci Myers Title: Community & Economic Development Director Date: May 27, 2022 City Manager Approval: ____________

Tulare City CouncilJune 7, 2022

Tulare City Council
June 7, 2022