Agenda packet — Tulare City Council, November 1, 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, November 1, 2022
6:00 p.m. – Special Meeting
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.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
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 – Special and Regular Meetings November 1, 2022 City of Tulare Page 2

1. CALL TO ORDER SPECIAL MEETING

2. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS - Comments are limited to items to be discussed in closed session. Each speaker will be allowed three minutes.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) CVRR v. City of Tulare
Tulare County Superior Court Case No. VCU282595

3.2. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Hood v. City of Tulare
Tulare County Superior Court Case No. VCU290768

3.3. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Villa v. City of Tulare
Tulare County Superior Court Case No. VCU290071

3.4. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Camin v. City of Tulare
Tulare County Superior Court Case No. VCU288750

3.5. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Charlton v. City of Tulare
Eastern District Court Case No. 1:20-cv-01136

3.6. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Cuevas v. City of Tulare
Eastern District Court Case No. 1:19-cv-01525

3.7. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Medina-Diaz v. City of Tulare
Tulare County Superior Court Case No. VCU290506

3.8. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Murguia v. City of Tulare
Eastern District Court Case No. 1:19-cv-00942

3.9. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Reedom v. City of Tulare
Eastern District Court Case No. 1:18-cv-01135

4. RECONVENE FROM CLOSED SESSION

5. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any. 6:00 p.m. – SPECIAL MEETING (CLOSED SESSION)
City Council Agenda – Special and Regular Meetings November 1, 2022 City of Tulare Page 3

6. ADJOURN SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

7. CALL TO ORDER REGULAR MEETING

8. PLEDGE OF ALLEGIANCE AND INVOCATION

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

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

11. 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.

11.1. Authorization to read ordinances by title only.

11.2. Approve minutes of the October 18, 2022, special and regular meetings. [Submitted by: M. Hermann]

11.4. Adopt a resolution accepting and approving expenditures of the Edward Bryne 2022 Memorial Grant in the amount of $20,756.00. [Submitted by: G. Merrill]

12. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST
City Council Agenda – Special and Regular Meetings November 1, 2022 City of Tulare Page 5

13. 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.

14. 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.

15. STAFF UPDATES AND FUTURE AGENDA ITEMS

16. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, November 15, 2022, at 7:00 p.m. in the Council Chamber at the Tulare Public Library, 491 North M Street, Tulare, California.

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

City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Thursday, October 27, 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: November 1, 2022 Agenda Memo
Date: October 27, 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. 6:00 p.m. - SPECIAL MEETING (CLOSED SESSION)

1. CALL TO ORDER SPECIAL MEETING

2. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION - Comments are limited to items to be discussed in closed session. Each speaker will be allowed three minutes.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) CVRR v. City of Tulare
Tulare County Superior Court Case No. VCU282595

3.2. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Hood v. City of Tulare
Tulare County Superior Court Case No. VCU290768

3.3. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Villa v. City of Tulare
Tulare County Superior Court Case No. VCU290071

3.4. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Camin v. City of Tulare
Tulare County Superior Court Case No. VCU288750

3.5. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Charlton v. City of Tulare
Eastern District Court Case No. 1:20-cv-01136

3.6. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Cuevas v. City of Tulare
Eastern District Court Case No. 1:19-cv-01525
Tulare City Council Page 2
Agenda Memo – November 1, 2022

3.7. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Medina-Diaz v. City of Tulare
Tulare County Superior Court Case No. VCU290506

3.8. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Murguia v. City of Tulare
Eastern District Court Case No. 1:19-cv-00942

3.9. Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(1)) Reedom v. City of Tulare
Eastern District Court Case No. 1:18-cv-01135

4. RECONVENE FROM CLOSED SESSION

5. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

6. ADJOURN SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

7. CALL TO ORDER REGULAR MEETING

8. PLEDGE OF ALLEGIANCE AND INVOCATION

10. COMMUNICATIONS - [Time Estimates: 7:10-7:15 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. Public comments will be limited to three minutes per topic unless otherwise extended by Council.

11. CONSENT CALENDAR - [Time Estimates: 7:15-7:25 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.

11.1. Authorization to read ordinances by title only.

Tulare City Council Page 3
Agenda Memo – November 1, 2022

11.2. Approve minutes of the October 18, 2022, special and regular meetings. [Submitted by: M. Hermann] The minutes of the October 18, 2022, special and regular meetings are submitted for Council approval. Staff recommends Council approve as presented.

11.3. Adopt Ordinance 2022-14 amending Title 4 of the Tulare Municipal Code to adopt Appendix X of the latest edition of the California Residential Code and Appendix O of the latest edition of the California Building Code, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as applicable. [Submitted by: M. Hermann] At the October 18, 2022, regular meeting, an ordinance was introduced for consideration to amend Title 4 of the Tulare Municipal Code to adopt Appendix X of the latest edition of the California Residential Code and Appendix O of the latest edition of the California Building Code, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as applicable. Staff recommends Council adopt Ordinance 2022-14 amending Title 4 of the Tulare Municipal Code to adopt Appendix X of the latest edition of the California Residential Code and Appendix O of the latest edition of the California Building Code, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as applicable.

11.4. Adopt a resolution accepting and approving expenditures of the Edward Bryne 2022 Memorial Grant in the amount of $20,756.00. [Submitted by: G. Merrill] The Edward Bryne 2022 Memorial Justice Assistance Grant Program is prepared to award the Tulare Police Department a grant in the amount of $20,756.00. These funds are to be used for the purchase of equipment, technologies and projects that promote community-policing programs. The Police Department will use its JAG award to support the purchase of new equipment for the Investigations/Detective Bureau.

The current Cell phone extraction equipment is outdated and new technology advancements purchased with this grant will keep the Tulare Police Department current. The money will be used to purchase a new Forensics desktop computer and a decoding/unlock tool, which is used to unlock phones that investigators would not be able to view. These tools will be great technological assets to Tulare PD and the citizens of Tulare.

There are no matching funds required for this grant. The proposed expenditures were also posted on the City’s website and informed the public how and where to provide comments related thereto. Staff recommends Council adopt a resolution accepting and approving expenditures of the Edward Bryne 2022 Memorial Grant in the amount of $20,756.00.

Tulare City Council Page 4
Agenda Memo – November 1, 2022

11.5. Authorize the City Manager to complete and execute the documents necessary to purchase property located on the north east corner of Prosperity Avenue and West Street (portion of APN 164-130-004) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $21,000, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsch] A traffic study was performed for a proposed development on the southeast corner of Prosperity Avenue and West Street, which showed that warrants were met for a new traffic signal at this intersection. The City Council subsequently provided staff with direction to review the condition of this intersection, and to prioritize construction of improvements at this location. The resulting project, EN0088 – Prosperity Avenue & West Street Improvements Project, will construct the intersection to its ultimate width, install ADA compliant dual curb ramps at each corner, and install master-planned utility improvements within the project limits. Street improvements will include sufficient transitions from the full-width widening at the curb returns back down to the existing pavement width. An eight-phase traffic signal with emergency preemption, video detection for both vehicle and bicycle traffic, and associated appurtenances will be included in the project.

In order to widen the intersection and construct the ultimate improvements, the City needs to acquire approximately 5,359 square feet of additional property from the subject parcel at 1360 N. West Street. The property owner is Japinder Grewal. The property owner has worked with City Staff through the design, appraisal, and acquisition process for Project EN0088, and has agreed to sell the 5,359 square feet of property needed by the project for the amount of $21,000. This amount is in accordance with an appraisal prepared by the City’s right-of-way consultant dated February 3, 2022, in conjunction with an additional appraisal completed by the property owner. An administrative settlement justification memorandum has been attached for reference. Staff recommends Council authorize the City Manager to complete and execute the documents necessary to purchase property located on the north east corner of Prosperity Avenue and West Street (portion of APN 164-130-004) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $21,000, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

11.6. Review and approve the amended project scope for the design and construction of a new traffic signal and intersection improvements at Prosperity Avenue and West Street; Authorize the City Manager to sign a contract amendment with QK of Visalia, CA in an amount not to exceed $16,000 for the modification to the design and alignment of ultimate frontage improvements along the north side of Prosperity Avenue, east of West Street within the project limits; 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] A traffic study was performed for a proposed development on the southeast corner of Prosperity Avenue and West Street and showed that warrants were met for a new traffic signal at this intersection. The City Council subsequently provided staff with direction to review the condition of this intersection, and to prioritize construction of Tulare City Council Page 5
Agenda Memo – November 1, 2022
improvements at this location. The project will design the intersection to its ultimate width and will construct dual curb ramps at each corner. Street improvements will include sufficient transitions from the full-width widening at the corner returns back down to the existing pavement width based on posted speed limits. An eight-phase signal with emergency preemption, video detection for both vehicle and bicycle traffic, controller and service equipment enclosures and associated appurtenances will be included in the project.

Finally, after completing the design of the project, and as the right of way negotiation process progressed, it was determined that the realignment of the proposed curb and gutter along the north side of Prosperity Ave., east of West St., to the ultimate configuration would be more beneficial to both the City in the long-term, and more amenable to the granting property owners at this time. At this stage of design, additional effort will be required to make these changes to the final plans prior to putting the project out to bid.

Because the proposed amendment exceeds the 10% contingency amount previously authorized by the City Council, it is being brought for approval. At this time, additional funding is not required to cover the additional cost of design, but the budget will likely need to be amended at the time of construction to account for the additional improvements being added to the project scope. Staff recommends Council review and approve the amended project scope for the design and construction of a new traffic signal and intersection improvements at Prosperity Avenue and West Street; Authorize the City Manager to sign a contract amendment with QK of Visalia, CA in an amount not to exceed $16,000 for the modification to the design and alignment of ultimate frontage improvements along the north side of Prosperity Avenue, east of West Street within the project limits; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount.

11.7. Approve the Parcel Map filed by Varo-Real Investments, Inc., a California Corporation, for the division of land located at 1105 North “F” Street for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] Tentative Parcel Map No. 2011-02 filed by Varo-Real Investments, Inc., would create three parcels from one existing parcel, and was approved by the Parcel Map Committee on March 21, 2011. This parcel map comprises approximately 0.57 acres. Parcel 1 would be 8,599 square feet, Parcel 2 would be 8,511 square feet, and Parcel 3 would be 8,511 square feet. The map requires dedication of 6 feet of additional street right-of-way as shown on the Parcel Map for “F” Street in fee to the City of Tulare, and a 6-foot public utility easement along the parcels’ “F” Street frontage.

Tulare City Council Page 6
Agenda Memo – November 1, 2022
A copy of Parcel Map Committee Resolution No. 712 and the Parcel Map are attached for reference. Staff recommends Council approve the Parcel Map filed by VaroReal Investments, Inc., a California Corporation, for the division of land located at 1105 North “F” Street for recordation, and accept all easements and dedications offered to the City.

11.8. Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Great Valley Builders, Inc. for construction costs associated with the Villa Sierra Ranch residential development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller] As part of the Villa Sierra Ranch residential development located on the southeast corner of Retherford Street and Covina Avenue, Great Valley Builders, Inc. (Developer) was required to abandon an existing sewer lift station located in Leland Avenue west of Hillman Street, and to extend a sewer main from the location of abandonment to the intersection of Leland Avenue and Hillman Street. These Leland Avenue sewer improvements are required in order to serve regional needs beyond what is required for just this development. Costs associated with the supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached preliminary oversize construction reimbursement agreement for Leland Avenue sewer improvements identifies work to be completed by the Developer, at the City’s request, for the benefit of the City’s overall sewer system. The preliminary oversize construction reimbursement agreement identifies work that is reimbursable under the City’s oversize reimbursement policy and specifies that the City will reimburse the developer for their eligible expenditures within 45 days of a Notice of Completion being filed for the work, provided that all documentation necessary to verify the eligibility of reimbursable costs has been submitted to and approved by the City Engineer. Staff recommends Council authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Great Valley Builders, Inc. for construction costs associated with the Villa Sierra Ranch residential development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

11.9. Authorize the Mayor to sign a letter of support for the SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project for submittal to the California Transportation Commission. [Submitted by: M. Miller] The SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project would widen Highway 99 to six lanes between Avenue 200 (Rankin Avenue) and Prosperity Avenue. In conjunction with the widening of Highway 99, it would also reconstruct the existing interchange at Paige Avenue to meet current design standards, improve operations and capacity, and incorporate pedestrian and bicycle facilities. The California Transportation Commission will be considering the award of the necessary funding to move forward with this at an upcoming meeting. The Tulare County Association of Governments is Tulare City Council Page 7
Agenda Memo – November 1, 2022
strongly encouraging that the City of Tulare provide a letter of support for the project, which is vital to the continued economic growth of our community.

A letter of support for the SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project is attached for Council’s consideration. Staff recommends Council authorize the Mayor to sign a letter of support for the SR 99 Tulare Sixlane and Paige Avenue Interchange Improvement Project for submittal to the California Transportation Commission.

11.10. Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within landscaping Outlot A of Phase 1 of the Liberty Hill subdivision and a City-owned lot (APN 168-009-017), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller] As part of the subdivision improvements for Phase 1 of the Liberty Hill subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivision’s Bardsley Avenue frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level.

SCE is proposing to locate these structures and conduit within the Liberty Hill subdivision’s landscape lots along the north side of Bardsley Avenue, and within a City-owned lot (APN 168-009-017) located on the west side of Potomac Street within the Liberty Hill subdivision. Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots and City owned land not designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure and portions of that infrastructure are located outside of the City street right-of-way.

A copy of the final map for Phase 1 of the Liberty Hill subdivision, draft Grant of Easement, and Certificate of Conveyance are attached for reference. With Council’s approval, the Grant of Easement and Certificate of Conveyance would be executed by the City Manager following City Attorney review and approval of the final easement document. Staff recommends Council authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within landscaping Outlot A of Phase 1 of the Liberty Hill subdivision and a City-owned lot (APN 168-009-017), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

11.11. Authorize the City Manager to execute a preliminary oversized construction reimbursement agreement with Gussan Shedid for construction costs associated with the Little Caesars commercial development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller] As part of the Little Caesars Tulare City Council Page 8
Agenda Memo – November 1, 2022
commercial development located 450 feet north of the Mooney Boulevard and Bardsley Avenue intersection, Gussan Shedid (Developer) was required to extend the existing median island in Mooney Boulevard, and widen and pave Mooney Boulevard to its ultimate right-of-way configuration along the project’s frontage. Portions of the Mooney Boulevard street improvements are considered oversize, as they are required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached preliminary oversized construction reimbursement agreement for Mooney Boulevard street improvements identifies work that the City has required the Developer to complete that would be eligible for reimbursement under the City’s oversize reimbursement policy, and identifies the conditions under which the City would reimburse the Developer for their eligible expenditures, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program.

Staff recommends Council authorize the City Manager to execute a preliminary oversized construction reimbursement agreement with Gussan Shedid for construction costs associated with the Little Caesars commercial development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

11.12. Approve a contract with NTM Productions, subject to minor and conforming changes approved by the city manager and city attorney in the amount of $275,100.15 for purchase, and installation of Audio-Visual Equipment in the Council Chambers and Charter Room; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($27,510) of the contract amount. [Submitted by: J. Bowling] On February 15, 2022, City Council passed Resolution 2022-05 approving $4,730,000 of ARPA funding to be used on various programs and projects to offset the impacts of the COVID-19 pandemic on the City of Tulare. One of the projects approved was identified as “Live/Recorded/Remote Council Chamber Upgrade” with a budget of $200,000. This project is an upgrade of the AV (Audio/Visual) technology in the chamber to support online, remote or hybrid meetings as well as online video-streaming for the public.

On September 9, 2022, the City of Tulare issued RFP 23-764 for Council Chamber audio Visual equipment. The RFP was posted to the City website, advertised in the newspaper, and provided to identified potentially qualified firms including the City’s current AV vendor. The City received one response.

The response received was from NTM productions. NTM productions is a Visalia based company and has performed multiple AV installations for many business, school districts, local governments and churches in the Central Valley.

KEY FEATURES:

Tulare City Council Page 9
Agenda Memo – November 1, 2022
• Complete Equipment Replacement - Both the Chamber and Charter room will receive completely new A/V equipment. The current AV systems are analog-based systems and will be replaced with new current digital-based systems.
• Video Camera Integration - The Chamber will be outfitted with five pan, tilt zoom cameras that will have the ability to automatically switch and focus on the person speaking. The Charter room will have one camera that can be used for video conferencing. These cameras will have the ability to provide the feed to Zoom, YouTube or other streaming platforms.
• Remote Public comment alternatives - Included in the system is the ability to provide additional options to the public for public comment. Full duplex phone support and optional video support are included in the system. • Changes to Council Chambers Center Lectern - Included in the project is the leveling out of both the left and right portions of the lectern in the Council Chamber. By leveling out these lecterns, they will have the ability to be used on either side. This will create two locations where people can address a board seated at the dais. This will create a more natural flow to conversation by creating the ability to have a consultant or staff member at one location while still having an additional location for the public to make a comment. The intent is to alleviate the awkward up and down for the consultant or staff member. • Charter Room Display Changes - The Charter Room AV display will be changed from a drop-down projector to an 80” display. The existing whiteboard will be removed and a smaller whiteboard will be added on the other side of the room.

The RFP requested pricing for upgrades to the Council Chamber and Charter Room.

The cost for the Council Chamber is $225,880.13, and the cost for the Charter Room is $49,220.02 for a total proposed price of $275,100.15. The response from NTM is considered complete and responsive. Given that the cost estimate is $75,100.15 over the budgeted amount of $200,000, the overage will be funded from the Equipment Replacement Audio Visual account which has a current balance of $160,684.25. Staff recommends Council approve a contract with NTM Productions, subject to minor and conforming changes approved by the city manager and city attorney in the amount of $275,100.15 for purchase, and installation of Audio-Visual Equipment in the Council Chambers and Charter Room; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($27,510) of the contract amount.

12. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST [Time Estimate: 7:25-7:35 p.m.] Tulare City Council Page 10
Agenda Memo – November 1, 2022

13. PUBLIC HEARINGS - 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.

13.1. Adopt a Resolution of Necessity for APN 164-130-005 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property owned by Jesus Ramirez for the upgrade of the intersection of Prosperity Avenue and West Street by the City (the “Project”). [Submitted by: M. Zamora] [Time Estimate: 7:35-7:50 p.m.] The City desires to acquire portions of properties, including the subject property identified in the attached resolution, for the construction of a new intersection at Prosperity Avenue and West Street. The City desires to acquire a portion of the Property to expand the current intersection and install new traffic signals.

In preparation for the acquisition of the needed properties, the City prepared two appraisals for the Property and made statutory offers to the property owners. These steps were taken to ensure compliance with all applicable laws.

It is important to note that this hearing, by law, is not conducted to discuss or in any way address the compensation for the land that will be needed for completion of the Project. This hearing is held to have the Council make the necessary findings and establish by resolution the public necessity for the project and consequently for the identified parcels needed to complete the project. Any public testimony or council discussion regarding the value of the properties would be inappropriate.

The attached Resolution of Necessity must be passed by 2/3 vote of council (or 4 of 5 in favor) and would authorize the City Attorney to initiate an Eminent Domain process, if necessary, to secure the parcels for the desired project. Such process would require a complaint to be filed in Superior Court along with a deposit equal to the fair market value appraisal obtained by the City for the subject property. The total fair market value for the Property is $13,900.00. The City would also request an order of immediate possession from the court, which would provide the City with the ability to take possession of the Property before the Eminent Domain court proceedings have been completed. Staff recommends Council adopt a Resolution of Necessity for APN 164-130-005 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property owned by Jesus Ramirez for the upgrade of the intersection of Prosperity Avenue and West Street by the City (the “Project”).

13.2. Adopt a Resolution of Necessity for APN 164-130-006 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property owned by Guillermo Hernandez Rubio, Jennifer Hernandez, and Maria Gonzalez for the upgrade of the intersection of Prosperity Avenue and West Street by the City (the “Project”). [Submitted by: M. Zamora] [Time Estimate: 7:50-8:05 p.m.] The City desires to acquire portions of properties, including the subject property identified in the attached resolution, for the construction of a new intersection at Prosperity Avenue and West Street. The City desires to acquire a portion of the Property to expand the current intersection and install new traffic signals.

Tulare City Council Page 11
Agenda Memo – November 1, 2022
In preparation for the acquisition of the needed properties, the City prepared two appraisals for the Property and made statutory offers to the property owners. These steps were taken to ensure compliance with all applicable laws.

The attached Resolution of Necessity must be passed by 2/3 vote of council (or 4 of 5 in favor) and would authorize the City Attorney to initiate an Eminent Domain process, if necessary, to secure the parcels for the desired project. Such process would require a complaint to be filed in Superior Court along with a deposit equal to the fair market value appraisal obtained by the City for the subject property. The total fair market value for the Property is $21,700.00. The City would also request an order of immediate possession from the court, which would provide the City with the ability to take possession of the Property before the Eminent Domain court proceedings have been completed. Staff recommends Council adopt a Resolution of Necessity for APN 164-130-006 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property owned by Guillermo Hernandez Rubio, Jennifer Hernandez, and Maria Gonzalez for the upgrade of the intersection of Prosperity Avenue and West Street by the City (the “Project”).

14. 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.

14.1. Review the existing siting criteria, including distance requirements, for approving a conditional use permit to establish the operation of a vendor stand or stationary mobile food vendor vehicle/trailer in the City of Tulare, pursuant to Tulare Municipal Code Chapter 10.180; and provide direction to staff thereto. [Submitted by: M. Anaya] [Time Estimates: 8:05-8:35 p.m.] The following is a summary of the existing regulations and requirements from the City of Tulare Municipal Code for the establishment of sidewalk vendor stands and stationary mobile food vendors in the City of Tulare. A summary of the specific regulations for stationary sidewalk vendors and stationary mobile vendors is included below. The full list of regulations and requirements are included in the attached copy of the existing ordinance, Chapter 10.180 of the Tulare Municipal Code. § 10.180.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors.

In addition to the rules applicable to all sidewalk vendors in § 10.180.050, the following rules shall specifically apply to stationary sidewalk vendors and stationary mobile vendors:

Tulare City Council Page 12
Agenda Memo – November 1, 2022
(A) All stationary vendor stands and stationary mobile vending units shall have refuse receptacles large enough to contain all refuse generated by the operation.

The operator shall pick up all refuse generated by such operation within a 50-foot radius at the close of the day's operation and all refuse shall be disposed of at an approved solid waste facility.
(B) No vehicle or stationary vendor stand used for stationary sidewalk vending or stationary mobile vending shall remain on public property during non-operating hours. Overnight parking of mobile vending vehicles on a public street, alley, or private property that does not meet the definition of a commissary in accordance with the California Retail Food Code (Cal. Code) is prohibited. Hours of operation for all stationary vendor stands or stationary mobile vending shall be limited to the hours of operation of the business located on the property from which they operate.
(C) Vending shall not be allowed on any required parking spaces or private driveways.
(D) Vendors shall not remove, destroy or interfere with any required on-site landscaping.
(E) Vending may only occur on paved surfaces.
(F) For stationary mobile vendors, restroom facilities with running water and which are connected to the city's wastewater system shall be readily available during hours of operation.
(G) Stationary mobile vendors shall maintain 500 feet of separation between businesses possessing an on-sale ABC license.
(H) Stationary mobile vendors shall maintain 300 feet of separation between an adjacent stationary mobile vendor.

Most of the regulations and restrictions in place are due to maintaining health, safety, and welfare standards, due to the preparation of food in an open environment as well as minimizing conflicts between vehicles and pedestrians. The separation requirements from business with an on-sale ABC license are due to past issues in the City with bar and nightclub patrons coming out into an uncontrolled environment to visit the food trucks parked right outside and having some issues with open containers of alcohol being brought out as well as fights and other disorderly behavior. The separation requirements between stationary mobile vendors are due to limiting the impact on storefront “brick & mortar” restaurants and avoiding overcrowding of too many vendors along any particular stretch of road that could create issues related to pedestrian safety and parking.

In the past the City has tried to strike a balance between allowing for a legal, regulated means to support these small businesses and start-up restaurants, while also mitigating some of the issues related to health, safety, and public welfare.

Tulare City Council Page 13
Agenda Memo – November 1, 2022
The specific request to place this item on the agenda included the desire to review and consider modifying the separation standards for these vendors from businesses with on-sale ABC licenses and other vendors. From staff’s perspective here are some potential options and likely consequences for considering such modifications. • Status Quo = The distance requirements allow for mitigating some of the aforementioned issues related to health, safety, and general welfare. However, they do restrict some locations from being able to accommodate both vendor stands and stationary mobile food vendors, as well as establishments with onsite ABC licenses. It also promotes a first-come, first-serve process for locating these vendors. When one has been approved for a location, another subsequent vendor must be at least 300 feet away.
• Revise to eliminate or reduce the spacing requirements = Removing the current requirements could potentially lead to increased calls for police service at locations next to bars, nightclubs, or restaurants that sell alcohol for consumption on-site. In addition, reduction or elimination of the spacing requirements between vendors could lead to areas with a concentration of vendors and potential increases in complaints about lack of parking or pedestrians running across busy streets. In addition, this option may lead to more complaints from “brick and mortar” restaurants where there may be an abundance of outdoor stationary mobile food vendors and/or vendor stands. • Allow location of food vendors on the same property or within 500 feet of an establishment with an ABC license for consumption on-site, but require the hiring of a licensed security company to oversee the location = This would allow more locations that would be available for vendors to locate at, while hopefully mitigating the aforementioned potential issues related to drunken or disorderly conduct.
• Promote food truck lots = The city could promote, and perhaps lead the way on a city-owned parcel, food truck lots or locations that have permanent restroom facilities, adequate parking, and tables where various food trucks could sell food, while patrons congregate to eat and perhaps enjoy other coordinated entertainment, such as lawn games, music, or movie nights. This could be an option for food trucks unable to find a permanent location due to a combination of the spacing requirements if they were to remain in place.

Staff recommends Council review the existing siting criteria, including distance requirements, for approving a conditional use permit to establish the operation of a vendor stand or stationary mobile food vendor vehicle/trailer in the City of Tulare, pursuant to Tulare Municipal Code Chapter 10.180; and provide direction to staff thereto.

15. STAFF UPDATES AND FUTURE AGENDA ITEMS [Time Estimate: 8:35-8:45 p.m.]

16. ADJOURNMENT
City of Tulare Page 1
City of Tulare
City Council Meeting Minutes
A special meeting of the City Council of the City of Tulare was held on Tuesday, October 18, 2022 at 6:30 p.m. at the Tulare Public Library in the Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Josh McDonnell, Nick Bartsch, Michael Miller, Jose Rivas, Jason Bowling, Melissa Hermann

1. CALL TO ORDER
A special meeting was called to order at 6:37 p.m. by Mayor Mederos.

2. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1. Conference with Legal Counsel
Initiation of litigation pursuant to Government Code § 54956.9(c): 3 cases Mayor Mederos recessed to closed session at 6:38 p.m.

4. RECONVENE FROM CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:01 p.m.

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

6. ADJOURNMENT
Mayor Mederos adjourned the special meeting at 7:01 p.m.

A regular meeting of the City Council of the City of Tulare was held on Tuesday, October 18, 2022 at 7:00 p.m. at the Tulare Public Library in the Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Mario Zamora, Josh McDonnell, Traci Myers, Janice Avila, Michael Ott, Fred Ynclan, Michael Miller, Jason Glick, Nick Bartsch, Jose Rivas, Jason Bowling, Melissa Hermann

7. CALL TO ORDER
A regular meeting was called to order at 7:01 p.m. by Mayor Mederos.

City Council Minutes October 18, 2022
City of Tulare Page 2

8. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Harrell led the pledge of allegiance and an invocation was given by Lynn Dredge.

9. PROCLAMATIONS & RECOGNITIONS

9.1. Proclamation for Disability Employment Awareness Month, October 2022.

Vice Mayor Sayre presented a proclamation proclaiming October 2022 as Disability Employment Awareness Month in the City of Tulare to Rebecca Donabed.

10. PUBLIC COMMENTS
The following provided public comment: Don Campbell, Don Dolan, Minister Nathan Terry, and John Harman.

11. COMMUNICATIONS
City Manager Marc Mondell stated there were no communications.

12. CONSENT CALENDAR
It was moved by Councilmember Harrell, seconded by Councilmember Sigala, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 6 and 7.

12.1. Authorization to read ordinances by title only.

12.2. Approve the minutes of the October 4, 2022, City Council meeting. [Submitted by: M. Hermann]

12.3. Adopt a resolution making an appointment to the Tulare Mosquito Abatement District Board of Directors. [Submitted by: M. Hermann]

12.4. Authorize the purchase of three LifePak15 cardiac monitor/defibrillators to replace in service monitors that have been deemed end of life by the manufacturer at a cost not to exceed $84,854.91. [Submitted by: C. Long]

12.5. Award and authorize the City Manager to sign a contract with MRC GameTime of Sea Girt, NJ, in the amount of $126,732.66 for Project PK2019- 003 and PK2019-006 – Live Oak Park and Prosperity Sports Park Playground Replacement Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($12,673.26) of the contract award amount. [Submitted by: J. Glick]

12.6. Final acceptance of public works improvements for Phases 2 and 3 of The Greens at Oak Creek subdivision, located along the east side of Mooney Boulevard (State Route 63) south of Seminole Avenue. [Submitted by: M.

Miller] Staff requested this item be pulled for clarification purposes. Following clarification, it was moved by Mayor Mederos, seconded by Councilmember Isherwood, and unanimously carried to accept the improvements for Phases 2 and 3 of the Greens at Oak Creek subdivision as complete, authorize the City City Council Minutes October 18, 2022
City of Tulare Page 3
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.

12.7. Authorize the City Manager to execute a real property purchase and sale agreement, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to transfer City-owned property (APN 166-240-014) to Warren Mouw in exchange for right-of-way dedication for the future extension of Akers Street south of Cartmill Avenue. [Submitted by: M. Miller] Mayor Mederos pulled this item to recuse himself due to a conflict of interest. It was moved by Councilmember Isherwood, seconded by Councilmember Harrell, and carried 4 to 0 (Mayor Mederos recused) to approve the item as presented.

12.8. Authorize the City Manager to complete and execute the documents necessary to purchase property located on the north side of Prosperity Avenue west of West Street (portion of APN 164-150-026) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $7,700, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by:

N. Bartsch]

12.9. Authorize the City Manager to complete and execute the documents necessary to purchase property and easements located at the northwest corner of Prosperity Avenue and West Street (portion of APN 164-150-027) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $29,722, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsch]

12.10. Authorize the City Manager to complete and execute the documents necessary to purchase property and easements located on the west side of West Street south of Prosperity Avenue (portion of APN 168-240-069) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $3,700, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsch]

12.11. Approve an amendment to City Manager Marc Mondell’s Employment Agreement. [Submitted by: M. Zamora]

13. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

14. PUBLIC HEARINGS

14.1. Pass-to-print an ordinance amending Title 4 of the Tulare Municipal Code to adopt Appendix X of the latest edition of the California Residential Code and Appendix O of the latest edition of the California Building Code, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as City Council Minutes October 18, 2022
City of Tulare Page 4
applicable. [Submitted by: T. Myers] Community and Economic Development Director Traci Myers provided a report for Council consideration. Mayor Mederos opened the public hearing at 7:24 p.m. Receiving no public comment, Mayor Mederos closed the public hearing at 7:25 p.m. It was moved by Councilmember Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.

15. GENERAL BUSINESS

15.1. Receive an update and presentation of the 30% progress plans for the proposed Homeless Shelter facility (Project - FM0048) and provide direction regarding the proposed heating/cooling system alternatives thereto. [Submitted by: N. Bartsch] Senior Project Manager Nick Bartsch provided a report for Council consideration. A presentation was given by Will Ruoff from 4 Creeks. Public comment was given by Minister Nathan Terry, Janet Lebaron, Don Dolman, and John Harman. Following discussion, it was moved by Mayor Mederos and seconded by Vice Mayor Sayre to direct staff to move forward with the staff recommendation of evaporative coolers and reduced heating for the homeless shelter facility. The motion carried 4 to 1 by rollcall vote as follows:

AYES: Mayor Mederos; Vice Mayor Sayre; Councilmember Harrell; Councilmember Isherwood
NOES: Councilmember Sigala

15.2. Receive the Operational Plan for the Temporary Homeless Encampment Area and provide direction thereto. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. Following discussion, it was the consensus of Council to have staff move forward with the temporary homeless encampment area improvements as planned.

16. STAFF UPDATES AND FUTURE AGENDA ITEMS
Councilmember Harrell requested and received Council consensus to direct staff to draft a letter to Union Pacific Railroad to request consideration of sharing in the cost of cleaning up the homeless encampments on their property.

17. ADJOURNMENT
Mayor Mederos adjourned the regular meeting at 9:25 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
Adopted by Council: November 1, 2022

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: November 1, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Adopt Ordinance 2022-14 amending Title 4 of the Tulare Municipal Code to adopt Appendix X of the latest edition of the California Residential Code and Appendix O of the latest edition of the California Building Code, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as applicable.

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

At the October 18, 2022, regular meeting, an ordinance was introduced for consideration to amend Title 4 of the Tulare Municipal Code to adopt Appendix X of the latest edition of the California Residential Code and Appendix O of the latest edition of the California Building Code, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as applicable.

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: Melissa Hermann Title: Chief Deputy City Clerk Date: October 21, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 11.3
ORDINANCE 2022-14

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING TITLE 4 OF THE TULARE MUNICIPAL CODE TO ADOPT APPENDIX X

OF THE LATEST EDITION OF THE CALIFORNIA RESIDENTIAL CODE AND

APPENDIX O OF THE LATEST EDITION OF THE CALIFORNIA BUILDING CODE, AND COMMENCING ON JANUARY 1, 2023, APPENDIX Z OF THE 2022 CALIFORNIA RESIDENTIAL CODE OR APPENDIX P OF THE 2022 CALIFORNIA BUILDING CODE, AS APPLICABLE.

WHEREAS, on July 19, 2022, the City of Tulare adopted Resolution 2022-35 declaring that a shelter crisis exists in the City pursuant to Government Code §§ 8698 et seq.; and
WHEREAS, the City’s citywide 2022 point-in-time count identified 212 homeless individuals, of which 31 (14.62%) were sheltered and 181 (85.38%) were unsheltered; and
WHEREAS, although the City has made progress towards combating its homeless situation, the City continues to find that the number of homes is insufficient, that a significant portion of homeless are without the ability to obtain shelter, and that the situation has resulted in a threat to the health and safety of those persons and there is a continuing need to expand the number of shelters within the City; and WHEREAS, the City Council affirms the City’s commitment to combatting homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in our communities.

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

SECTION 1. This Ordinance shall be uncodified.

SECTION 2. This Ordinance shall remain in effect as long as the City’s declaration that shelter crisis remains in effect.

SECTION 3. Pursuant to Government Code § 8698.2, the City Council hereby reaffirms that a shelter crisis exists in City of Tulare.

SECTION 4. The local minimum building and life safety standards attached hereto as Exhibit A, which is incorporated herein by reference, are adopted within the City during the pendency of the shelter crisis. These standards and the suspension of law per Government Code § 8698.1(b) shall only apply to emergency shelters installed on property owned or leased by the City. An emergency shelter that is established pursuant to this Ordinance may only be operated for a period allowed under Government Code § 8698.1(c)(3), commencing from the first day an individual uses the shelter for housing. In the event the shelter is proposed for use longer than Ninety (90) days, the local Chief Building Official and Fire Marshal shall have the right to establish ORDINANCE 2022-14

Page 2 ends

more restrictive standards.

SECTION 5. The City Council hereby finds that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that the adoption of the ordinance is not a project that may have a significant effect on the environment.

SECTION 6. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 7. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED on November 1, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
ORDINANCE 2022-14

Page 3 ends

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify that the foregoing Ordinance 2022-14 was introduced at a meeting of the City Council on October 18, 2022, and finally passed and adopted at a regular meeting held on November 1, 2022, by the following vote:

AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Date: November XX, 2022

By Melissa Hermann, Chief Deputy City Clerk

CERTIFICATE OF PUBLICATION

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify that a summary of Ordinance 2022-14 has been published in the Visalia Times Delta-Tulare Advance Register, a newspaper of general circulation, on November ____, 2022.

Dated: November ____, 2022

By Melissa Hermann, Chief Deputy City Clerk
ORDINANCE 2022-14

Page 4 ends

EXHIBIT A

MINIMUM BUILDING AND LIFE SAFETY STANDARDS FOR TEMPORARY

HOMELESS SHELTERS ON CITY PROPERTY
Background and Authority:

During a declared shelter crisis, Government Code Section 8698.1 allows a local agency to suspend state and local statutes, regulations, or ordinances prescribing standards for housing, health, or safety to the extent reasonably necessary to mitigate impacts of the crisis. The statute also encourages agencies to adopt minimum local health and safety standards that will apply in lieu of the California Building Standards Code to additional public facilities used to provide emergency housing.

Application:

This policy outlines the minimum fire and life safety requirements that will apply during a declared shelter crisis in the City of Tulare on properties or facilities owned or leased by the City of Tulare.

Standards:

1. Emergency homeless shelter facilities shall:
a. Have an approved set of plans stamped and signed by an architect or engineer, as applicable, which includes the following (contact the Building Division for the complete list of Minimum Submittal Requirements):
i. Site Plan;
ii. Floor Plan;
iii. Mechanical Plan
iv. Electrical plan;
v. Plumbing plan;
vi. Storm water plan; and
vii. Through December 31, 2022, Accessibility Plan with notes and details showing compliance with Chapter 11B of the 2019 California Building Code, and commencing on January 1, 2023, with Chapter 11B of the 2022 California Building Code.
b. Have an emergency preparedness plan for each facility. c. Provide adequate access for emergency service vehicles. d. Have a fire safety plan for the facility approved by the local fire authority.

At a minimum, the facility shall have fire extinguishers centrally located throughout the facility. Fire extinguishers shall have regularly scheduled servicing and maintenance.
e. Provide a minimum of three (3) feet of shelter-to-shelter separation. f. Provide a minimum of five (5) feet separation between any property line and a shelter unit.
g. Provide a facility supervisor to monitor compliance with facility rules and regulations, and to notify emergency services in the event of an emergency.

ORDINANCE 2022-14

Page 5 ends

h. If pets are allowed, provide a pet management plan that includes a method to manage pet health, secure pets away from other people, store food to prevent rodent attraction, and manage the pet waste to ensure public health protection.
i. Be graded so as not to induce excessive storm water runoff or on-site ponding in habitable areas.
j. Provide for, or provide access to:
i. Sanitary facilities, including toilet, handwashing, solid waste containers, and medically necessary medical waste containers. ii. A central location for individuals to eat.
iii. Shower facilities.
iv. Storage facilities for personal items.
v. Source of potable drinking water.
vi. An area with usable natural shade or a shade structure. vii. Facilities to wash clothes and linens.

2. Buildings and/or structures used for emergency homeless shelters shall conform to the following:
a. Through December 31, 2022, Appendix X in the 2019 California Residential Code or Appendix O in the 2019 California Building Code, as applicable, and commencing on January 1, 2023, Appendix Z of the 2022 California Residential Code or Appendix P of the 2022 California Building Code, as applicable.
b. Have no less than 70 square feet for each occupant, or a minimum of fifty (50) square feet for each occupant if more than one person per structure. c. Have at least two forms of egress placed remotely from each other. One exit must lead directly to the outdoors/evacuation route. d. Have a means for natural light and natural ventilation. e. Be weatherproof and have a heat/cold barrier of some kind on or in walls and ceiling.
f. Have, as applicable, a smoke detector and a Carbon Monoxide Alarm.

3. All construction shall be performed by licensed contractors as applicable.

4. Site and operational plans shall be reviewed in advance by the Planning and Building Divisions and Fire Marshal (or local fire authority), and shall be required prior to occupancy. No such approval shall constitute the issuance of a building permit per Section 105 of the California Building Code. Any such approval may be modified or revoked at the reasonable discretion of the Chief Building Official or Fire Marshal. The Chief Building Official and Fire Marshal (or local fire authority), at their sole discretion and at any time, may cause fire-life-safety inspections to be conducted. The Chief Building Official and Fire Marshal (or local fire authority) may designate a local official to carry out this provision.

5. This ordinance shall not be deemed to grant authorization for any work to be ORDINANCE 2022-14

Page 6 ends

done in any manner in violation of the provisions of the California codes or any other laws or ordinances of this jurisdiction.

6. The Chief Building Official and Fire Marshal (or local fire authority) shall have the authority to establish any additional building and life safety standards on a caseby- case or as-needed basis.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Police
For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution accepting and approving expenditures of the Edward Bryne 2022 Memorial Grant in the amount of $20,756.00.

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

The Edward Bryne 2022 Memorial Justice Assistance Grant Program is prepared to award the Tulare Police Department a grant in the amount of $20,756.00. These funds are to be used for the purchase of equipment, technologies and projects that promote community-policing programs. The Police Department will use its JAG award to support the purchase of new equipment for the Investigations/Detective Bureau.

These proposed expenditures have been presented to a Grant Advisory Committee, which consists of representatives from Tulare City Schools, Tulare Downtown Association, State Farm Insurance, Tulare County Office of Education and Central Valley Meat Co. The Grant Advisory Committee approved the proposed expenditures. There are no matching funds required for this grant. The proposed expenditures were also posted on the City’s website and informed the public how and where to provide comments related thereto.

STAFF RECOMMENDATION:

Adopt a resolution accepting and approving expenditures of the Edward Bryne 2022 Memorial Grant in the amount of $20,756.00.

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: Greg Merrill Title: Captain
Date: October 12, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 11.4
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE 2022 EDWARD

BYRNE MEMORIAL JUSTICE ASSISTANCE PROGRAM GRANT FUNDS
WHEREAS, the City of Tulare Police Department is responsible for the safety of the citizens of the community; and
WHEREAS, the City of Tulare Police Department spends considerable resources in its efforts to provide frontline law enforcement services to the community; and WHEREAS, the Council of the City of Tulare supports the efforts of the City of Tulare Police Department to secure resources by the most efficient means possible; and
WHEREAS, the Edward Byrne Memorial Justice Assistance Program provides grant funds to local law enforcement agencies and has allocated $20,756.00 to the Tulare Police Department for the 2022 grant period; and WHEREAS, the Edward Byrne Memorial Justice Assistance Program grant funds allow that the monies be spent on law enforcement equipment, programs or supplies.

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

Section 1. The City Council accepts the 2022 Edward Byrne Memorial Justice Assistance Program grant funds and approves the expenditure of the funds in the amount of $20,756.00 for the purchase of new equipment for the Investigations/Detective Bureau.

Section 2. The City Manager, or his/her designee, is hereby authorized to execute all required documents.

Section 3. This resolution shall be effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED on November 1, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
Resolution 2022-XX

Page 2 ends

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify that the foregoing Resolution 20XX-XX was duly and regularly adopted by the City Council of the City of Tulare, California, at a meeting held on XXXX XX, 20XX, by the following vote:

AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: XXXX XX, 20XX

By Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to complete and execute the documents necessary to purchase property located on the north east corner of Prosperity Avenue and West Street (portion of APN 164-130-004) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $21,000, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

A traffic study was performed for a proposed development on the southeast corner of Prosperity Avenue and West Street, which showed that warrants were met for a new traffic signal at this intersection. The City Council subsequently provided staff with direction to review the condition of this intersection, and to prioritize construction of improvements at this location.

The resulting project, EN0088 – Prosperity Avenue & West Street Improvements Project, will construct the intersection to its ultimate width, install ADA compliant dual curb ramps at each corner, and install master-planned utility improvements within the project limits. Street improvements will include sufficient transitions from the full-width widening at the curb returns back down to the existing pavement width. An eight-phase traffic signal with emergency preemption, video detection for both vehicle and bicycle traffic, and associated appurtenances will be included in the project.

STAFF RECOMMENDATION:

AGENDA ITEM: Consent 11.5
CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

EN0088-030-0230
021 – Measure R – Local
022 – Gas Tax (HUTA)
010 – Water Bonds
615 – Sewer Wastewater CIP
Submitted by: Nick Bartsch Title: Senior Project Manager Date: October 21, 2022 City Manager Approval: ____________

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated _______________________, from Japinder Grewal, a single man, 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 November 1, 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 Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk
Approval of Just Compensation
The following parcel(s) is proposed to be partially acquired for the subject project and was appraised by Renee E. Hendrick and Keith J. Hopper of Hopper Company, State Certified General Appraisers:

Appraisal Information
Appraisal Report Date Property Take Type Appraised Value February 3, 2022 Partial Acquisition in fee for road purposes $19,000 The appraised value is believed to be the full amount of just compensation for the property interest to be acquired.

Prepared By:

Jesse Ortiz, R/W-RAC
Monument
Approved By:

Signature: ____________________________________ Date: _________________ By: Nick Bartsch
Its: Sr. Project Manager
Date: March 3, 2022 Agency: City of Tulare
To: Nick Bartsch, Sr. Project Manager Project: Prosperity & West Traffic Signal Project
Parcel Information
Owner(s) Assessor’s Parcel Number
Grewal, Japinder 164-130-004
Address: 1360 N. West Street, Tulare, CA 93274
CFR Part 24, Subpart B Section 24.102(d) states that before the initiation of negotiations, the Agency shall establish an amount which it believes is Just Compensation for the real property. The amount shall not be less than the approved appraisal of the Fair Market Value of the property, taking into account the allowable damages or benefits to any remaining property.

GREWAL PROPERTY
1360 N. West St.

Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 1

GREWAL PROPERTY
1360 N. West Street
Tulare, California
Subject Property Identification
Acquisition Type: Partial acquisition of new road right-of-way in fee title.

Date of Value / Inspection: February 3, 2022
Assessor’s Parcel Number: Tulare County APN 164-130-004 Street Address: 1360 N. West Street
Tulare, California 93274
Property Owner: Japinder Grewal, a single man
1360 N. West Street
Tulare, California 93274
Ownership History: Title to the subject property has been held by the current owners since February 2018 when it was purchased for $290,000. No other sales or transfers of title have taken place in the past five-year period. The property does not appear to be listed for sale at this time.

Larger Parcel Description
Legal Description of the Larger Parcel: The land referred to herein below is situated in the City of Tulare, County of Tulare, State of California and is described as follows:

Parcel No. 3 of Parcel Map 1706, in the County of Tulare, State of California, as per map recorded in Book 18, Page 7 of Parcel Maps, in the Office of the County Recorder of said County.

Excepting therefrom an undivided on-half interest in and to all oil, gas, and minerals located in, on or under said land as reserved by Mary L. Wilson in deed recorded April 21, 1976 as Document No. 17628.

Also excepting therefrom all of the remaining oil, gas, minerals, and or hydrocarbon substances in, on, or under said land, as reserved by Charles H. Phillips, et ux, in deed recorded September 26, 1977 in Book 3458, Page 619 of Official Records.

Site Description: The subject larger parcel property consists of a single parcel of land that is located at the northeast corner of Prosperity Avenue and West Street, in northwest Tulare, California. The property has a generally rectangular shape and according to the assessor’s parcel map it contains 43,530 square feet or 1.00 acre of total land area, more or less.

The land has a generally level topography that sits at-grade with both of the fronting streets. There is no formal drive approach installed along Prosperity Avenue, which is improved with curb, gutter, and sidewalk. There are no off-site improvements installed along West Street, which is where access to the Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 2 property comes from. Public utility services extended to the property include water, sewer, and trash from the City of Tulare; electricity from Southern California Edison; natural gas from SoCalGas; and telephone from AT&T. The property is in an ‘X’ flood zone, which denotes areas determined to be outside the 0.2% annual chance flood plain (500-year flood), and this is not a special flood hazard area that typically requires flood insurance.

Easements & Encumbrances: A title report prepared by Chicago Title Company dated December 15, 2020 has been reviewed as part of this assignment and it identifies the following items of significance. Three easements are referenced that were granted at various dates for public street purposes. There also appear to be some back taxes owned against the property. A deed of trust was recorded against the property in February 2018 for the original amount of $203,000, but the current status of this loan is unknown.

Improvements Description: The subject property is improved with a single-family residence that is situated toward the north end of the property. According to public records, the house was originally built in 1958 and has 2,420 square feet of living space with between three and four bedrooms and two bathrooms. There is also a detached two-car garage structure. The property has little to no landscaping and much of the land is vacant.

Zoning & Property Restrictions: The subject property is zoned R-1-8 by the City of Tulare as part of a single-family residential district. The purpose of this zone is to provide living areas within the city where development is limited to low-density concentrations of one-family dwellings. The objective of the zone is to facilitate the development of a suitable environment for family life, create neighborhoods that exhibit high standards of design, provide space for community facilities that complement residential areas, and minimize traffic congestion.

Allowable uses in this zone include one-family dwellings, licensed day care homes, licensed group homes, community care facilities, one manufactured home, raising of fruit and nut trees, raising of horticultural specialties, accessory structures, home occupations, employee housing, and public water well sites and drainage basins. With a conditional use permit, it is also possible to have nursery schools, educational or religious facilities, private clubs or lodges, public administrative or recreational facilities, utility installations, mobile home parks, and condominiums.

Development standards for the R-1-8 zone require a minimum lot size of 8,000 square feet with a minimum width of 70 feet for corner lots and minimum depth of 100 feet. No more than one dwelling unit per site is allowed and the maximum lot coverage by structures is 50%. Required yard setbacks include 20 feet in the front, 10 feet for the street side on a corner lot, and 5 feet at the rear. A minimum of two covered parking spaces are to be provided for single-family dwellings.

The current use of the property as a single-family residence is allowed in the R-1-8 zone and the improvements appear to be in compliance with the development standards.

Highest & Best Use of Larger Parcel: The R-1-8 zoning applied to the subject property is intended for single-family residential uses. The physical characteristics of the parcel are well suited to supporting a residential use. Local real estate conditions are some of the best that have been seen in many years and it is financially feasible to construct a new house at this time. Therefore, the highest and best use of the land as though vacant is to construct a new single-family house on the site.

Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 3 The existing use of the property as a single-family residence is allowed in the R-1-8 zone and the improvements seem to comply with the development standards, so the property is believed to be legally conforming with the zoning. The house seems to be in average condition with considerable remaining economic life and it contributes to the value of the property as a whole. There is strong demand for housing in Tulare and home prices are now at the highest levels in their history, which suggests the subject would be desirable in the marketplace as a single-family home. In the end, the highest and best use of the property as improved is to continue to occupy it as a single-family residence.

Reference: This individual appraisal is part of a larger report covering multiple properties associated with the Prosperity and West Traffic Signal and Improvements Project. All items discussed in the introductory sections of the report apply to this appraisal.

Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 4 ASSESSOR’S PARCEL MAP
Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 5

AERIAL PHOTOGRAPH
Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 6 View of the subject property looking northeast from the parcel’s southwest corner at the intersection of Prosperity Avenue and West Street.

View of the single-family residence and garage structures as seen from the West Street frontage.

Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 7 Partial Acquisition Description
Description of Right-of-Way Taking: The proposed acquisition of new road right-of-way (ROW) will be a partial taking in fee title. It is an L-shaped portion that parallels the lot’s curved southwest corner. It is 14.50 wide along the south boundary line and tapers to 11.00 feet wide along the west property line. Altogether, the take area contains 5,359 square feet of land area. The only improvements that is situated in the take area are a mailbox and approximately 33 square feet of concrete driveway that leads to the house and garage from West Street.

Legal of Right-of-Way Taking: All that real property located in the City of Tulare, County of Tulare, State of California, described as follows:

A portion of Parcel 3 of Parcel Map No. 1706, as per map recorded in Book 18 of Parcel Maps, at Page 7, Tulare County Records, situated in the Southwest quarter of Section 34, Township 19 South, Range 24 East, Mount Diablo Base and Meridian, more particularly described as follows: Beginning at the northwest corner of said Parcel 3; thence South 89°51’47” East along the North line of said Parcel 3, a distance of

11.00 feet, to a point on a line parallel to and 11.00 feet easterly, as measured at right angles, from the West line of said Parcel 3; thence South, along said parallel line, 215.22 feet; thence South 45°08’21” East,

32.37 feet, to a point on a line parallel to and 14.50 feet northerly, as measured at right angles, from the South line of said Parcel 3; thence South 89°51’47” East, along said parallel line, 138.55 feet, to a point on the East line of said Parcel 3; thence South, along said East line, 14.50 feet, to the southeast corner of said Parcel 3; thence North 89°51’47” West, along the South line of said Parcel 3, a distance of 162.52 feet, to the beginning of a tangent curve, concave northeasterly, and having a radius of 10.00 feet; thence northwesterly through a central angle of 89°51’47”, an arc distance of 15.68 feet, to the West line of said Parcel 3; thence North, along said West line, 242.52 feet, to the Point of Beginning.

Construction Contract Work: Sometimes it is necessary to do certain work, either inside the right-of-way or on the owner’s private property, in order to restore the utility and value of the remainder property, and this work may be most economically and/or practically performed by the project’s contractor. This is known as construction contract work. For this subject property, the contractor will relocate the mailbox outside of the new right-of-way.

Analysis of the Remainder: In the after condition, the remainder property will be slightly smaller at 38,171 square feet, which will still meet the minimum lot size specified for the R-1-8 zoning. The shape of the parcel will not be altered as the taking mirrors the existing shape of the property.

The lot will still have visibility from both roadways and access will continue to be available from West Street. The house and garage will not be affected and their setback will still comply with the zoning requirement. The mailbox situated in the northwest corner of the property will need to be relocated.

The project improvements are intended to improve traffic control and intersection safety. While this will be generally beneficial to properties in the area, the project is not likely to measurably increase the value of the subject remainder.

Highest & Best Use of the Remainder: The highest and best use of the remainder property is not expected to change significantly as a result of the partial acquisition or project construction and use. The highest and best use of the land as though vacant will continue to be to construct new residential improvements on the site. The highest and best use of the property as improved will also be to continue to occupy the house as a single-family residence.

Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 8

PLAT OF THE RIGHT-OF-WAY TAKING
Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 9 View of the take area looking west from the east property line along the Prosperity Avenue frontage.

View of the take area situated at the southwest corner of the parcel nearest the street intersection.

Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 10 View of the take area looking north along the West Street frontage from the southwest corner of the parcel.

View of the right-of-way take area
looking south from the northwest corner of the property.

Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 11 Property Valuation Summary
The estimate of fair market value plus net severance damages for the subject is summarized below followed by a narrative discussion of the pertinent data and details:
1 – Value of Larger Parcel Before Taking:

Value of Land $152,355
Contributory Value of Improvements + $149
$152,504
2 – Value of Part Taken as Part of Whole:

Value of Right-of-Way Taking $18,757
Contributory Value of Improvements + $149
– $18,906
3 – Value of Remainder as Part of Whole:

Land Value $133,598
Contributory Value of Improvements + $0
= $133,598
4 – Value of Remainder Without Benefits:

Remainder Property Value $133,598
Curable Damages $0
Permanent Damages – $0
– $133,598
5 – Severance Damages:

Step Three Value $133,598
Step Four Value – $133,598
Total Severance Damages = $0
6 – Value of Remainder With Benefits:

Property Value $133,598
Benefits + $0
$133,598
7 – Benefits to the Remainder:

Step Six Value $133,598
Step Four Value – $133,598
$0
8 – Net Damages to the Remainder:

Step Five Value $0
Step Seven Value – $0
$0
9 – Estimate of Just Compensation:

Step Two Value $18,906
Step Eight Value + $0
Final Total Value Opinion $18,906
Rounded to $19,000
Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 12 Property Valuation Discussion
Value of Larger Parcel: The subject larger parcel is valued using the sales comparison approach. The cost and income capitalization approaches are of little usefulness in the valuation of single-family residences like the subject, and they are excluded from this appraisal. Because the impacts to the property’s improvements are limited, a strip appraisal is performed that focuses on the valuation of the underlying land and only those improvements that affect the proper estimate of compensation.

Four sales of comparable residential land parcels are selected for use in valuing the subject larger parcel.

These data items are narratively discussed below followed by a grid that analyzes the data and shows how each item compares to the subject.

Sale no. 1 is located along the east side of Killette Road, north of Prosperity Avenue, in northwest Tulare.

The 43,570-square-foot parcel is situated in a rural residential area that is just north of the Tulare city limits. Public utility services are available, including city water which is in the fronting street, but no offsite improvements were installed. The zoning is R-A-43 by the County of Tulare, which is a rural residential district with a one-acre minimum lot size. The property had been on and off the market for many years, and most recently it was listed in July 2019 for $159,900. A buyer was eventually found and a sale took place in March 2020 at a price of $135,000 or $3.10 per square foot.

Sale no. 2 represents a vacant residential land parcel that is located on the north side of Prosperity Avenue, west of West Street, in northwest Tulare. The 47,013-square-foot lot has no off-site improvements in place, but all public utilities are readily available to serve it. It is rectangular in shape and has an interior lot orientation. The zoning is R-1-8 by the City of Tulare for single-family residential Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 13 uses. The property was put up for sale in March 2021 at an asking price of $175,000, and after three months of exposure it sold in June 2021 for $150,000. This is equal to $3.19 per square foot. The buyer paid all cash for the property and plans to construct a new residence on the site.

Sale no. 3 is adjacent to sale no. 2 and it is also a rectangular lot that is located on the north side of Prosperity Avenue, just to the west of West Street, in Tulare. This parcel contains 47,010 square feet of land area. It is unfinished with no curb or gutter off-site improvements installed, but all public utility services are available. The City of Tulare has zoned the property R-1-8 for single-family residential uses.

In March 2021, the property was offered for sale at a list price of $175,000. Two months later a buyer was found and the sale closed in June 2021 at a price of $155,000 or $3.30 per square foot. The buyer is planning to build a new house on the lot.

Sale no. 4 refers to a vacant land parcel that is located along the south side of Tollin Road, east of Killette Road, in northwest Tulare. The property is just outside of the Tulare city limits and is zoned R-A-43 by the County for rural residential uses. The parcel has 41,939 square feet of land area. It is raw land with no off-site improvements in place, but most public utilities are available to serve it. A listing of the property hit the market in February 2021 at an asking price of $174,900, and this was later reduced to $160,000 in May 2021. After two more months the property sold in July 2021 for $145,500 or $3.47 per square foot in an all-cash transaction.

In comparing these sales to the subject property, consideration is given to various elements of comparison that market participates recognize as having an impact on the prices that are paid for this type of property.

The comparison grid summarizes how each data item is compared to the subject. A “+” is shown if the data item is inferior to the subject, a “–” is used if the sale is superior, and an “=” sign is indicated if the data item is generally comparable. Not all elements of comparison are weighted equally by the market and in some instances a greater magnitude of difference is appropriate for a symbol.

Based on these comparisons, the subject land should be valued above the $3.10 to $3.30 per square foot indicated by sale nos. 1 through 3, and at a level similar to the $3.47 per square foot reflected in sale no.

4. Considering the definition of market value that applies in this appraisal, which calls for the “highest price” that is reasonable in the marketplace, a unit value of $3.50 per square foot is concluded for the subject property. When applied to the 43,530 square feet in the subject larger parcel, a total land value of $152,355 results.

Land Size x Value per S.F. = Value of Larger Parcel Land 43,530 s.f. x $3.50 = $152,355
Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 14

LAND SALES COMPARISON GRID
Comparable Residential Land Sales
Sale
No. 1
Sale
No. 2
Sale
No. 3
Sale
No. 4
Location Killette Rd. 1876 W. Prosperity 1826 W. Prosperity Tollin Rd.

City Tulare Tulare Tulare Tulare
APN 164-150-041 164-150-024 164-150-025 164-150-032
Buyer Gomez Montano & Zavala Gamero & Garnica Plascencia-Salas Document No. 20-15954 21-40418 21-44491 21-54244
Recording Date 3/17/2020 6/1/2021 6/16/2021 7/26/2021
Sale Price $135,000 $150,000 $155,000 $145,500
Land Area – SF 43,570 47,013 47,010 41,939
Price / SF $3.10 $3.19 $3.30 $3.47
Topography Level Level Level Level
Zoning R-A-43 R-1-8 R-1-8 R-A-43
Utilities W-E-G W-S-E-G W-S-E-G W-E-G
Off-Sites None None None None
Property Rights = = = =
Financing = = = =
Conditions of Sale = = = =
Market Conditions + + + =
Interim Value > $3.10 > $3.19 > $3.30 = $3.47
Location = = = =
Zoning = = = =
Parcel Size = = = =
Topography = = = =
Utilities = = = =
Off-Sites = = = =
Final Indication > $3.10 > $3.19 > $3.30 = $3.47
In a strip appraisal where the majority of the property’s improvements are not being affected by the partial acquisition, it is still important to include in the value of the larger parcel the contribution of any improvements that are being taken. The cost approach is used to estimate this improvement value and the Marshall Valuation Service cost manual is used as the source for the replacement cost. The manual suggests a cost new of $6.00 per square foot, which for 33 square feet of concrete driveway would be $198. This is depreciated by 25% to arrive at a contributory value for this improvement of $149.

Adding the value of the land to the contribution of the affected improvements leads to a total value for the subject larger parcel of $152,504.

Value of Takings: The same unit value that has been estimated for the larger parcel is also applied to the portion of the site that is to be acquired in fee title for use as permanent Appraisal Report – Prosperity and West Traffic Signal and improvements Project, Tulare Grewal – 15 right-of-way. To this is added the contributory value of the affected improvement leading to a total value for the permanent taking of $18,906.

Land Size x Value per S.F. = Land Value + Improvement Value = Value of Permanent Taking 5,359 s.f. x $3.50 = $18,757 + $149 = $18,906
Severance Damages: The only corrective work needed to repair the subject property will be the relocation of the mailbox, which will be handled by the contractor as construction contract work. Therefore, no damages to the remainder property are expected to result from the partial acquisition or from the construction and use of the planned project.

Benefits: No benefits that will enhance the value of the remainder property are anticipated as a result of the project. Therefore, the net severance damages to the remainder are $0.

Final Total Value Opinion: The final total value opinion is equal to the value of the takings plus the net severance damages to the remainder, which totals $18,906 and is rounded to $19,000.

Value of Takings + Net Severance Damages = Final Total Value Opinion $18,906 + $0 = $18,906 ≈ $19,000

MEMORANDUM
Date: October 20, 2022
To: Nick Bartsch, Sr. Project Manager
From: Jesse Ortiz, Senior Agent
Monument
Regarding: Prosperity and West Traffic Signal and Improvements Project Administrative Settlement to Acquire Property
Japinder Grewal
1360 N. West St., Tulare, CA 93274
APN: 164-130-004
_____________________________________________________________________________________ Subject Property
The subject real property, known as Assessor’s Number 164-130-004, in the City of Tulare, California is located at 1360 N. West Street (the “Property”). The Property consists of a site area of 45,530 square feet and is currently improved with a single-family residence.

An appraisal was obtained from Hopper Company to determine the fair market value for the subject property and interests to be acquired. The appraisal, dated February 3, 2022, concluded that the value of the property rights required for the project was $19,000.

On April 22, 2022, a written offer in the amount of $19,000 was presented to the owner, Japinder Grewal.

Background
The City of Tulare ("City") requires the acquisition of certain property rights for the Prosperity and West Traffic Signal and Improvements Project (“Project”). The purpose of this Project is to upgrade the intersection of Prosperity Avenue and West Street from its current stop sign control to a fully signalized intersection and add ADA-compliant sidewalks.

In order to allow for the construction of this Project, the City requires the fee acquisition of 5,359 Sq. Ft. of the Property along West Street and Prosperity Avenue.

Analysis of Counteroffer
Mr. Grewal believed that the compensation amount was low. He obtained his independent appraisal to justify his counteroffer of $21,000. In comparing the appraisals, the difference is found in the value of the price per square foot. The City’s appraisal had calculated the price per square foot as being $3.50, while the appraiser for Mr. Grewal had the value as $3.89 a square foot. The difference in value could be attributed to the ever-changing real estate market. Mr. Grewal’s appraisal has a date of value of April 24, 2022, in comparison to the City’s appraisal date of value of February 3, 2022.

Recommendation
Monument recommends moving forward with the administrative settlement for the negotiated amount of $21,000.

In support of this recommendation, 49 CFR 24.102(i) – Administrative Settlement states that the purchase price for a property may exceed the amount offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and an authorized Agency official approves such administrative settlement as being reasonable, prudent, and in the public interest.

The City may determine that an administrative settlement is reasonable, prudent, and in the public interest. Factors to consider in making this determination may include, but are not limited to, damages the Grantor may suffer as a result of the acquisition, the range of probable testimony in trial and the cost of trial. Other related reasons that support an administrative settlement include diligent attempts to expedite acquisitions by agreement to avoid litigation and relieve congestion in the courts. Not accepting this proposed settlement will most assuredly put this parcel into condemnation which would result in substantial delays in getting possession.

The exposure to a jury or judge verdict could likely exceed $40,000.00 with the possibility that the final settlement amount could be significantly higher and attorney fees could be awarded to the property owner. Both sides will represent their opinions of value based on the most current comparable sales used, market trends, and severance damages to the property as a result of the project; wherein the Grantor will argue substantially more damages to the remainder property than provided as just compensation. In the majority of eminent domain cases of this nature, the judgements favor the property owner over the public agency. Without the use of the provisions of the Administrative Settlement Process, use of more costly and time-consuming legal means such as the outlined above may become necessary to secure the required permanent property rights. Use of this administrative settlement is believed to be reasonable, prudent and in the best public interest as per the provisions of 49 CFR 24.102(i).

Due to project time constraints and the support provided for the irrigation system modification, it is recommended to accept the owner’s counteroffer. Provisions for the use of this type of settlement are delineated in the Code of Federal Regulations Title 49, Part 24, at 24.102(i).

Monument considers the recommended administrative settlement of $21,000 to be reasonable, prudent, and in the public interest. Settlement by negotiation avoids potential future litigation and reduces risk of jury awards should it be necessary to proceed to an eminent domain case.

Approval Recommended By:
________________________________________ ________________________ Jesse Ortiz, Senior Agent, Monument Date
City’s Acceptance of Recommendation:
________________________________________ _______________________ City Manager Date
10/20/2022

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Review and approve the amended project scope for the design and construction of a new traffic signal and intersection improvements at Prosperity Avenue and West Street; Authorize the City Manager to sign a contract amendment with QK of Visalia, CA in an amount not to exceed $16,000 for the modification to the design and alignment of ultimate frontage improvements along the north side of Prosperity Avenue, east of West Street within the project limits; 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:

A traffic study was performed for a proposed development on the southeast corner of Prosperity Avenue and West Street and showed that warrants were met for a new traffic signal at this intersection. The City Council subsequently provided staff with direction to review the condition of this intersection, and to prioritize construction of improvements at this location.

The project will design the intersection to its ultimate width and will construct dual curb ramps at each corner. Street improvements will include sufficient transitions from the full-width widening at the corner returns back down to the existing pavement width based on posted speed limits. An eight-phase signal with emergency preemption, video detection for both vehicle and bicycle traffic, controller and service equipment enclosures and associated appurtenances will be included in the project.

On November 5, 2019 the City Council approved a contract with QK of Visalia, CA to complete the design of this project. Since that time, the City Council and Board of Public Utilities have approved several contract amendments to address the added design of master-planned water, sewer, storm drain improvements within the project limits, as well as the need to address conflicts between the existing Tulare Irrigation District (TID) pipeline crossing under West Street and the proposed improvements. Finally, after completing the design of the project, and as the right of way negotiation process progressed, it was determined that the realignment of the proposed curb and gutter along the north side of Prosperity Ave., east of West St., to the ultimate configuration would be more beneficial to both the City in the long-term, and more amenable to the granting property owners at this time. At this stage of design, additional effort will be required to make these changes to the final plans prior to putting the project out to bid.

AGENDA ITEM: Consent 11.6
STAFF RECOMMENDATION:

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

EN0088-040-0202
EN0061 (021 – Measure R – Local)
010 – Water Bonds
615 – Sewer Wastewater CIP
Submitted by: Nick Bartsch Title: Senior Project Manager Date: October 21, 2022 City Manager Approval: ____________

CITY OF TULARE

ADDITIONAL WORK AUTHORIZATION AND TASK ORDER

ENGINEERING SERVICES
Job No. 190384
Project #: 190384 Phase #: 8.0 Task #: 8.1
Project Title: Prosperity Avenue and West Street Traffic Signal and Improvements Project Description: Project management and engineering services for the design and development of contract documents and bidding and construction support services for the traffic signal and improvements at Prosperity Avenue and West Street.

Additional Scope of Work: The City is requesting that the current improvement design be revised and expanded to include full build-out along the north side of the east leg of Prosperity Avenue, including the frontages of the 1210 and 1236 W. Prosperity residential properties. The required redesign efforts include revisions to demolition and improvement areas along the east leg and noted frontages, updating associated plan and profile sheets, and minor revisions to several other sheets within the plan set, as needed to integrate these revisions into a complete set of updated plans.

Proposed services include:
• Modify the linework and alignment along the east leg properties to indicate an ultimate buildout within the proposed right-of-way. Include callouts and dimensions where necessary. • Revise plan and profile sheets to indicate proposed full-build-out and permanent improvements along the property frontage, including curb, gutter and drive approach. • Revise demolition sheets, to include additional area
• Review existing water service utility and show its proposed relocation or call out as “Protect In Place”, as needed.
• Indicate stationing, offsets, and elevations for the revised improvements • Check grades and modify slopes to facilitate drainage and transition to adjacent properties • Review and modify Signage and Striping plans, as required. • Provide revised construction quantities based on the full-buildout revisions. • Additional utility coordination (SCE), as described below An exhibit indicating our understanding of the project realignment area and full buildout design scope for the east leg and noted residential properties is included with this Task Order, for reference.

The design revisions will be prepared in a manner consistent with previous design efforts, to be fully integrated into a complete set of updated plans.

The design revisions will provide the City with additional paved area formerly occupied by the frontages of the noted properties. QK and the City will discuss intended use of the area, which can be indicated on the plans to include parking or other future use.

Southern California Edison (SCE) power lines along the east leg must be relocated from the previous design location in order to accommodate the full buildout design. Additional utility coordination is required. Anticipated services include preparation of preliminary power pole locations, completion of required application Forms/Documents, providing CAD drawings revised to full buildout design to SCE, review of SCE design, and coordination with SCE and the City. Following approval of their electrical design, SCE will finalize the design and issue the contract and invoice.

QK does not anticipate significant coordination efforts will be required for the other vicinity utilities, e.g. AT&T and Comcast; however, QK will communicate with these utility owners regarding the revised alignment and additional design revisions, as appropriate.

Period of Performance:

Following City approval and completion of the Notice to Proceed, QK will begin the proposed design revisions. Once complete, QK will incorporate the revised design into a complete set of plans, for resubmittal to the City. The scope includes QK’s internal QA/QC reviews of the redesign areas, prior to submittal. QK anticipates a draft resubmittal to the City (Plans and Estimate), by November 11, with the City having an opportunity to review and provide comments. Following City comments, if any, resubmittal of the final plans is anticipated within two weeks. The utility coordination with SCE is anticipated to continue as they complete their design.

Budget: The total fee for these services is $16,000.00.

Special Terms and Conditions:

All of the terms and conditions of the On-Call Transportation & Traffic Engineering Professional Services Agreement between the City of Tulare and QK dated November 21, 2018 and the QK Project No. 190384 Work Authorization and Task Order dated November 20, 2019 are incorporated by reference as if fully set forth herein.

Invoicing Requirements:
 Payment Terms: Net 30 Days
 Contract Type: Time & Materials $ Fixed Fee $16,000.00  Invoice Frequency: Monthly
QK City of Tulare
By: SignatureBy: Signature
Name: Monique Mello
Title: Branch Manager/Senior Engineer______
Name: Marc Mondell
Title: City Manager
Date: Date:

PROSPERITY AVENUE WEST STREET1360 N. WEST ST.

APN: 164-130-004
1236 W. PROSPERITY AVE.

APN: 164-130-005

NO ADDRESS CITED
APN: 169-360-041 MATCHLINE STA 32+75
MATCHLINE STA 11+75
SEE SHEET 13
1210 W. PROSPERITY AVE.

APN: 163-130-006
1142 W. PROSPERITY AVE.

APN: 163-130-007
1297 N. SACRAMENTO ST.

APN: 169-360-013

NO ADDRESS CITED
APN: 169-360-041

BEGIN RE-ALIGNMENT, SHOW FULL

BUILD-OUT INCLUDING CURB, GUTTER AND

SIDEWALK, PLUS ADDITIONAL PAVED AREA

LIMIT OF WORK, END RIGHT-OF-WAY

TAKE, SQUARED OFF

NEW RESIDENTIAL

DRIVE APPROACH

NEW RESIDENTIAL

DRIVE APPROACH

NEW RESIDENTIAL

DRIVE APPROACH

EXHIBIT - ADDITIONAL WORK AUTHORIZATION SCOPE

PROPOSED FULL BUILD-OUT DESIGN FOR EAST LEG, RESIDENTIAL PROPERTY FRONTAGES PROSPERITY AND WEST TRAFFIC SIGNAL AND IMPROVEMENTS PROJECT 10/5/2022

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve the Parcel Map filed by Varo-Real Investments, Inc., a California Corporation, for the division of land located at 1105 North “F” Street for recordation, and accept all easements and dedications offered to the City.

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

Tentative Parcel Map No. 2011-02 filed by Varo-Real Investments, Inc., would create three parcels from one existing parcel, and was approved by the Parcel Map Committee on March 21, 2011. This parcel map comprises approximately 0.57 acres. Parcel 1 would be 8,599 square feet, Parcel 2 would be 8,511 square feet, and Parcel 3 would be 8,511 square feet.

The map requires dedication of 6 feet of additional street right-of-way as shown on the Parcel Map for “F” Street in fee to the City of Tulare, and a 6-foot public utility easement along the parcels’ “F” Street frontage.

A copy of Parcel Map Committee Resolution No. 712 and the Parcel Map are attached for reference.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The parcel 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: October 24, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 11.7
- -
1; \I\ lJ 10 I/ 16>"•· _
,--Q.., ~ -&~.-
,, "".i~ C"
. 8:::, A, ,E-; c:;: ".;:;; 'l1,4y .,
0) Rf c _ 2077 '·
co FOR£.s I:. IV t D
r- T£R W,
RESOLUTION NO. 712 n . L1i£fl /
A RESOLUTION OF THE CITY OF TULARE PARCEL MAP COMMITTE~ ~'c' C r~·m: (L~f' FOR TENTATIVE PARCEL MAP APPLICATION NO. 2011-02 LuL
WHEREAS, the Parcel Map Committee of the City of Tulare duly convened on March 21, 2011 and approved the request by Pedro & Martha Garcia to create three lots of record from existing parcel on property located at 1105 North "F" Street; and, WHEREAS, the Parcel Map Committee determined that the proposed map is consistent with the Open-Space and Conservation Element of the Tulare General Plan; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map is consistent with all applicable general and specific plans; and, WHEREAS, the Parcel Map Committee determined that the design or improvements of the proposed parcel map are consistent with all applicable general and specific plans; and, WHEREAS, the ParcelMap Committee determined that the site is physically suitable for the type of development proposed; and,
·"
WHEREAS, the Parcel Map Committee determined that the site is physically suitable for the density of the development; and,
WHEREAS, the Parcel Map Committee determined that this project is exempt under Section 153 l 5of the California Environmental Quality Act of 1970, ~s amended; and, WHEREAS, the Parcel Map Committee determined that the request is in conformance with the goals and objectives of the General Plan; and, \.VHEREAS, the Parcel Map Committee-determined that the proposed parcel map is consistent with the Tulare City Code; and,
NOW, THEREFORE, BE IT RESOLVED by the Parcel Map Committee that Tentative Parcel Map 2011-02 a request by Pedro & Martha Garcia is hereby approved and subject to the following conditions:
1) A final map shall be recorded in substantial compliance with Tentative Parcel Mapnun1oer2011;:p:M;:uz: · - · - - - ·
2) Applicant to comply with attached Engineering and Fire Department conditions. 3) Applicant to record Tentative Parcel Map prior to filing for building permits for the construction of a single family residence to be located on Parcels 1,2 & 3.

Page 2 ends

Resolution 712
TPM 2011-02
4) Applicant to apply for Administrative Adjustment for Parcels 1, 2 & 3 for lot width at the time of building permits.
5) Applicant to remove all structures that would be in conflict with proposed new property lines prior to recordation of the parcel map.

PASSED, APPROVED AND ADOPTED this Twenty-first day of March, 2011 by the following recorded vote:

AYES: Kielty
Miller
Killion
NOES: None ABSTAJN: None ABSENT: None

I ,CHAIRM AN
CrtyofTclMe P=ap Committee
ATTEST:
di(~HAIRMAN
City of Tulare Parcel Map Committee

INTEROFFICE MEMORANDUM
Engineering Department Mike Whitlock, City Engineer
TO: Planning and Building Division
FROM: Engineering Division
SUBJECT: Tentative Parcel Map No.:2011-02
LOCATION: 1105 N. "F" Street
OWNER/DEVELOPER: Forester, Weber & Associates, LLC
DATE: March 16, 2011
Any elevations shown on the plans shall be based on the official City of Tulare datum.

All required engineering plans shall be prepared by a registered Civil Engineer. Provide the City of Tulare with three (3) prints of improvement plans for checking. Following approval of the improvement plans, provide the City of Tulare with one reproducible copy, four (4) prints and an electronic version. This shall be done prior to scheduling any pre-construction conferences or commencing any improvements. The reproducible copy of the improvement plans shall be on high-quality mylar.

Any work to be done within the City street rights-of-way shall require an encroachment permit issued by the Engineering Division of the Development Services Department and shall be done under the inspection of the Public Works Inspector.

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 site plan. 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.

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

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.

All applicable City fees shall apply unless specifically waived or modified elsewhere in these conditions (see Attachment "A").

Comply with all applicable requirements as stated in the Engineering Department's "Standard Operating Procedures, Section IV" and amendments thereto noticed prior to the approval date of these Engineering Considerations.

The engineering considerations for Public Works Improvements checked below shall be designed, installed, constructed and/or repaired and hereby made a condition of approval of the subject request. 1:3:J 1) Curb and Gutter:

D a) Construct:
[3J b) Repair and/or replace any defective, per Public Works Inspector. 1:3:J 2) Sidewalk:
[3J a) Install with planter strip: 5' width
D b) Install adjacent to curb: __
D c) Install full width:

D with tree wells
D d) Repair and/or replace any defective, per Public Works Inspector. [3J 3) Depressed Curb (replace unused with vertical curb): __ 1:3:J 4) Street Trees:
1:3:J a) Remove conflicting trees two (2) feet below proposed grade: __ [3J b) Submit a plan drawing to be reviewed and approved by Director of Parks and Community Services:
[3J 5) Right-Of-Way Dedication (Street/Alley): __
D a) 20' property corner radius: __
0 b) Alley: __
[3J c) Street: Additional 6-ft dedication for "F" Street across Parcels 1, 2, and 3. [3J 6) Conflicting Utilities - Remove or relocate as per utility company requirements, any utility which conflicts with the installation of required improvements: __ 1:3:J 7) Sewer Lateral:
1:3:J a) New lateral required:

D b) Existing lateral to be exposed inspected and upgraded to city standard if substandard. [3J 8) Septic Tanks - Abandon, fill and seal if applicable: __ [3J 9) A City of Tulare Encroachment Permit is required for all work in City right-of-way. Separate Encroachment Permits are also required from the following Agencies for work within their rightsof-way or on their facilities:

D a) County: __
D b) State:

D c) Tulare Irrigation District: __
1:3:J 10) A City Clerk's Certificate required on Final Parcel Map for required dedications. 1:3:J 11) A Public Works Certificate required on Final Parcel Map if improvements are not constructed prior to recordation. This provision would require an engineer's estimate and an improvement security. 2 Date: D ~ / I l:, / I \
Mike Whitlock, City Engineer
3 ATTACHMENT "A"
The Developer shall pay to the City at the time of approval of the final map all applicable fees, including, but not limited to, those checked below:

Benefit Districts
[X] 1) Sewer front foot charges: $ 25.00 per front foot for frontages on "F" Street (Sewer BD#30).

D 2) Sewer Lift Station Fee of$ __ per acre.
[X] 3) Water front foot charges: $ 17.50 per front foot for frontages on "F" Street (Water BD#22).

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

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

D 6) Other:

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

Plan Check, Inspection, and Impact Fees
D 12) Engineering Inspection Fee to be based on a percentage of the estimated cost of construction.

D 13) Development Impact Fees to be paid with Building Permit.

D 14) Engineering Plan Review Fee to be paid at time of submittal. [X] 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.
4 TULARE FIRE DEPARTMENT

FIRE PREVENTION BUREAU
SITE ADDRESS: 1105 N. "F" Street DATE: March 4, 2011
DBA: Forester, Weber & Associates, LLC
OWNER: Forester, Weber & Associates, LLC
ARCHITECT/ENGINEER: NIA

PLAN CORRECTION COMMENTS
The Fire Prevention Bureau conveys the following comments regarding Tentative Parcel Map 2011-11:
1) Fire hydrants and other fire protection equipment shall not be obstructed and shall be maintained in an operative condition at all time. CFC Sec. 507.5.4 2) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet exclusive of shoulders, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. CFC Sec 503.2.1
3) Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. CFC Sec. 505.1
Shelli Vinson
Fire Inspector III
- San Joaquin Valley
- AIR POLLUTION CONTROL DISTRICT
~
HEALTHY Al R LIVING'"
March 7, 2011
Susan Simon
City of Tulare
Planning and Building Department
411 East Kern Ave.

Tulare, CA 93274
Project: Tentative Parcel Map-2011-02
District CEQA Reference No: 20110090
Dear Ms. Simon:

The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the subject project. The division of land into individual parcels will not have an impact on air quality. However, if approved, future development will contribute to the overall decline in air quality due to construction activities, increased traffic, and ongoing operational emissions. The District offers the following comments:

1. Future development may require further environmental review and mitigation.

Referral documents for those projects should include a project summary detailing, at a minimum, the land use designation, project size, and proximity to sensitive receptors and existing emission sources.

2. Individual development projects would be subject to District Rule 9510 (Indirect Source Review) if upon full build-out the project would include or exceed any one of the followinq:
• 50 dwelling units
• 2,000 square feet of commercial space;
• 25,000 square feet of light industrial space;
• 100,000 square feet of heavy industrial space;
• 20,000 square feet of medical office space;
• 39,000 square feet of general office space; or
• 9,000 square feet of educational space; or
Seyed Sadredin
Executive Director/Air Pollution Control Officer
Northern Region
4800 Enterprise Way
Modesto, CA 95356-8718
Tel: 1209) 557-6400 FAX: 1209) 557-6475
Central Region (Main Office)
1990 E. Gettysburg Avenue
Fresno, CA 93726-0244
Tel: 1559) 230-6000 FAX: 1559) 230-6061
Southern Region
34946 Flyover Court
Bakersfield, CA 93308-9725
Tel: 661-392-5500 FAX: 661-392-5585
www.valleyair.org www. hea It hy ai rlivi ng. corn
Pnnte d un recvclad paper. Q

Page 2 ends

District Reference No. 20110090
• 10,000 square feet of government space; or
• 20,000 square feet of recreational space; or
• 9,000 square feet of space not identified above

3. District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than seeking final discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit.

4. For future projects, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees, be made a condition of project approval. Information about how to comply with District Rule 9510 can be found online at: http://www.vaileyair.org/lSR/ISRHome.htm.

5. Individual development projects may also be subject to the following District rules:

Regulation VIII, (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants).

6. The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/1 ruleslist.htm.

If you have any questions or require further information, please call Cherie Clark, at (559) 230-5934.

Sincerely,
Dave Warner
~~s
Y~:ud Marjollet
Permit Services Manager
OW: cc
Cc: File

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Great Valley Builders, Inc. for construction costs associated with the Villa Sierra Ranch residential development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

As part of the Villa Sierra Ranch residential development located on the southeast corner of Retherford Street and Covina Avenue, Great Valley Builders, Inc. (Developer) was required to abandon an existing sewer lift station located in Leland Avenue west of Hillman Street, and to extend a sewer main from the location of abandonment to the intersection of Leland Avenue and Hillman Street. These Leland Avenue sewer improvements are required in order to serve regional needs beyond what is required for just this development. Costs associated with the supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A AGENDA ITEM: Consent 11.8
FUNDING SOURCE/ACCOUNT NUMBER:

DIF Sewage Collection and Wastewater Treatment Facilities / 290-3230-000 Submitted by: Michael Miller Title: City Engineer
Date: October 24, 2022 City Manager Approval: ____________

PRELIMINARY OVERSIZE CONSTRUCTION REIMBURSEMENT

AGREEMENT

OFF-SITE SANITARY SEWER EXTENSION AND LIFT STATION ABANDONMENT

VILLA SIERRA RANCH SUBDIVISION
This PRELIMINARY OVERSIZE CONSTRUCTION REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into as of , 2022 by and between THE CITY OF TULARE, a Municipal Corporation and Charter City, hereinafter referred to as “City”, and GREAT VALLEY BUILDERS, INC., located at 1969 Hillman Street, Tulare, CA 93274, hereinafter referred to as (“Developer”) without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.

RECITALS
A. Developer is the owner of approximately 17.0 acres located on the southeast corner of Retherford Street and Corvina Avenue, further described as APN # 166-020-006 (“Property”), and
B. Developer desires to proceed with the development of the Villa Sierra Ranch subdivision, an approved project on the Property, and
C. Developer is required to construct certain off-site sanitary sewer improvements to serve the Villa Sierra Ranch development on the Property, and
D. City desires to have Developer construct certain additional off-site sewer main improvements for the benefit of City, for which City agrees to reimburse Developer forthe reasonable costs thereof, and Developer agrees to construct said improvements and receive such reimbursement, and
E. City and Developer desire to memorialize their agreement with respect to the foregoing as more fully set forth below in this Agreement.

AGREEMENT
Incorporating the foregoing recitals, and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and City hereby mutually agree as follows:

1. Reimbursable Off-Site Work. The parties agree that Developer shall construct the following improvements in accordance with the plans and specifications for such work described as approved by the City Engineer:
(a) Abandon and remove existing sewer lift station and associated appurtenances located approximate 800 feet west of the Leland Avenue and Hillman Street intersection; (b) Extend a 12” sanitary sewer main in Leland Avenue from the abandoned lift station to an existing manhole located in the Leland Avenue and Hillman Street intersection.

The foregoing work described in subsections (a) and (b) above, andalso reflected inTable “A” below, is referred to as the “Reimbursable Off-Site Work”. Developer’s reasonable costs incurred in connection with the construction of the Reimbursable Off-Site Work are hereafter referred to as the ”Reimbursable Off-SiteWork Costs”. Further,reasonable costsforprojectmanagement, engineering, staking, inspection fees, bank fees, interest, compaction tests and anyother unforeseen costs shall be included in said “Reimbursable Off-Site Work Costs” subject to the provisions contained in this agreement and the approval of the City Engineer.

Table A: Reimbursable Off-Site Work
No. Description Quantity Unit Unit cost Cost Estimate1
1 Lift Station Abandonment 1 Each Lump Sum $10,000.00
2 12” Sewer Main Extension 789 Feet $86.00/Foot $67,854.00 3 Type 1 Manholes 3 Each $3,875.00/Each $11,625.00
4 Tie into Existing Sewer Main 2 Each $500.00/Each $1,000.00 Total = $90,479.00

1. Reimbursable costs shall be based on the actual cost of installation.

2. Reimbursement for Reimbursable Off-Site Work Costs. Reimbursable Off-SiteWork identified in subsections (a)and (b) of Section 1 above willserve properties other than Property, and is eligible for reimbursement as follows:
(a) The abandonment of the existing lift station and the extension of the 12” sewer main described in subsection (a) and (b) of Section 1 above will provide a direct and immediate benefit to the City sewer system, for which the City agrees to reimburse Developer for the reasonable costs associated with said improvements. Developer shall be reimbursed within 45 working days from the issuance of Notice of Completion by City for Reimbursable OffSite Work provided that all documentation necessary to verify the eligibility of reimbursable costs has been submitted to and approved by the City Engineer.

3. RepresentationsandWarranties. CityandDeveloper eachmake thefollowing representations and warranties to the other: (i) it has the legal power, right and authority to enter into this Agreement and to perform its obligations hereunder, (ii) allrequisite action has been taken by it in connection with entering into this Agreement, (iii) no consent of any partner, shareholder, trustee, trustor, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other person or entity is required for it to perform its obligations under this Agreement, and (iv) the individuals executing thisAgreement onitsbehalf have thelegalpower, rightandactualauthority to bind it to the terms and conditions hereof.

4. Notices. Allnotices or other communications required or permitted hereunder shall be in writing, and shall be delivered to,and shall be effective upon receipt at, the address set forth below.

Notice of change of address shall be given by written notice in the manner detailed in this Paragraph 4.

ToDeveloper: Great Valley Builders, Inc.
1969 Hillman Street Tulare, CA 93274 Attention: Greg Nunley To City: City of Tulare
411 East Kern Avenue
Tulare, CA 93274
Attention: City Clerk

5. Attorney’s Fees. If either Developer of City brings an action or suit against the otherfor any matter relating to or arising out of this Agreement, then the prevailing party in such action or dispute, whether by final judgement or out of court settlement, shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys’ fees.

6. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Developer and Citywith respect to the subject matter hereof, and it may only be amended in writing.

7. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed tobean original, and allof which, together, shall constitute one and the same instrument.

8. Time of Essence. Time isof the essence with regard to each covenant, condition and provision of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE
a Municipal Corporation
“City”
By:

Marc Mondell, City Manager
ATTEST:

Deputy City Clerk and Clerk of
The Council of the City of Tulare
APPROVED AS TO FORM:

By:

City Attorney
GREAT VALLEY BUILDERS, INC.
“Developer”
By:

Printed Name

Title
(Attach Notary Acknowledgments)
State of California )
County of Tulare )
On before me, , Notary Public, personally
appeared who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public
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.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the Mayor to sign a letter of support for the SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project for submittal to the California Transportation Commission.

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

The SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project would widen Highway 99 to six lanes between Avenue 200 (Rankin Avenue) and Prosperity Avenue. In conjunction with the widening of Highway 99, it would also reconstruct the existing interchange at Paige Avenue to meet current design standards, improve operations and capacity, and incorporate pedestrian and bicycle facilities. The California Transportation Commission will be considering the award of the necessary funding to move forward with this at an upcoming meeting. The Tulare County Association of Governments is strongly encouraging that the City of Tulare provide a letter of support for the project, which is vital to the continued economic growth of our community.

A letter of support for the SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project is attached for Council’s consideration.

STAFF RECOMMENDATION:

Authorize the Mayor to sign a letter of support for the SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project for submittal to the California Transportation Commission.

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: October 24, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 11.9

411 East Kern Avenue  Tulare, California 93274  559.684.4200  Fax 559.366.1701

CITY COUNCIL
October 27, 2022
The Honorable Lee Ann Eager
Chair, California Transportation Commission
1120 N Street
Sacramento, CA 95814
Re: Support for SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project – 2022 Trade Corridor Enhancement Program Grant Application
Dear Chair Eager,
On behalf of the City of Tulare, I write in strong support of the Tulare County Association of Government’s Trade Corridor Enhancement Program (TCEP) application for the SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project (SR 99 Tulare City Project). The SR 99 Tulare City Project is another step in completing the SR 99 multi-modal corridor thereby eliminating a key bottleneck on this critical facility, increasing safety, reducing congestion, increasing connectivity, improving travel-time reliability of time-sensitive goods, preserving acceptable facility operation on SR 99 and connecting pedestrian bicycle and transit access across SR 99 on Paige Avenue. • Multimodal Mobility. The SR 99 Tulare City Project would provide enhanced multimodal options for traveling between the east and west side of the city, linking a disadvantaged residential community with commercial and industrial job centers that are currently disconnected from multimodal access.
• Economic Prosperity. Over 44 percent of all employment in the San Joaquin Valley is associated with goods movement-dependent industries, which is higher than goods movement-related employment in all other regions of California. By enabling greater access on this key freight corridor, the SR 99 Tulare City Project will grow the national and international economic competitiveness of California’s freight sector through increased system efficiency and productivity.

411 East Kern Avenue  Tulare, California 93274  559.684.4200  Fax 559.366.1701 • Environmental Stewardship. The SR 99 Tulare City Project is one of the first projects to undergo SB 743 review and includes more robust multimodal mitigations to reduce community impacts beyond the direct benefits achieved by improving freight throughput and the inclusion of active transportation elements on the Paige Avenue Interchange.
• Safety and Resiliency. Where SR 99 changes from four-lanes to six-lanes and back to four-lanes again, bottlenecks create congestion and serious safety issues.

The SR 99 Tulare City Project will reduce freight-related deaths as well as other passenger travel by eliminating a bottleneck along this congested corridor. In addition, the improvements to the Paige Avenue Interchange will provide for safe multi-modal access connecting the east and west side of the City that does not exist today at that location.
• Asset Management. The SR 99 Tulare City Project helps complete, improve, and modernize the existing state highway systems and uses cost-beneficial treatments as indicated in the State Highway System Management Plan. The project will lead to improvements in terms of state-of-good repair goals.
• Connectivity and Accessibility. By adding transit, bicycle, pedestrian, and ADA access and facilities on Paige Avenue, the SR 99 Tulare City Project will increase transportation choices and improve system connectivity between the east and west side of the City traversing SR 99.

The SR 99 Tulare City Project meets all the TCEP’s goals and desired outcomes, including multimodal mobility, economic prosperity, environmental stewardship, safety, state-of-good-repair, healthy communities, advancing the transition to zero-emission freight-related vehicles, connectivity and accessibility, and robust community mitigations.

For these reasons, we are pleased to lend our enthusiastic support for the SR 99 Tulare Six-lane and Paige Avenue Interchange Improvement Project. We urge the California Transportation Commission to award TCEP funding for this project.

Sincerely,
Dennis A. Mederos,
Mayor of the City of Tulare
cc: Mitch Weiss, Executive Director, California Transportation Commission Tony Tavares, Director, California Department of Transportation Toks Omishakin, Secretary, California State Transportation Agency

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within landscaping Outlot A of Phase 1 of the Liberty Hill subdivision and a City-owned lot (APN 168-009-017), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

As part of the subdivision improvements for Phase 1 of the Liberty Hill subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivision’s Bardsley Avenue frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level.

Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots and City owned land not designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure and portions of that infrastructure are located outside of the City street right-of-way.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
AGENDA ITEM: Consent 11.10
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: October 24, 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 Grant of Easement dated November 1, 2022, from the City of Tulare, a Municipal Corporation of the State of California to Southern California Edison Company was duly conveyed by the City Council of the City of Tulare on November 1, 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 of Easement.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk
2021 -- 9:320m DRAWING:S:\2020\LDCZOOI4\Survey\Record Dcta\Maps\20014_FM.dwg;1 —LDC—Civil.ctb Jul 06, PLOTBY: corozco OWNER'S§TATEMENT: WEHEREBYSTATETHATWEARETHE LEGALOWNERSOF THEREALPROPERTYINCLUDEDWITHINTHE BOUNDARIESOF THESUBDIVISIONSHOWNUPONTHIS SUBDIVISIONMAP, ANDTHATWEARETHEONLY

PERSONSWHOSECONSENTIS NECESSARYTO PASS A CLEARTITLE TO SAID PROPERTY,ANDWE CONSENTO THE MAKINGANDFILING OF SAID SUBDIVISIONMAPAS SHOWNWITHINTHEBOLDBORDER LINES HEREON.WEHEREBYOFFERTO DEDICATEANDDOHEREBYDEDICATETHEFOLLOWING.AS SHOWNWITHINTHEBOUNDARIESOF THEMAPHEREON,FORTHESPECIFIED PURPOSES? 1. STREETRIGHTOF WAYFORVICTORYSTREET. ANTHEMAVENUE,MARICOPASTREET, POTOMAC

STREET, UNIONAVENUE,JUSTICE AVENUE,BETSYAVENUE,ANTHEMCOURT,ANDARLINGTONCOURT IN FEE TO THECITY OF TULARE. 2. PUBLICEASEMENTFOR STORMWATERPURPOSESTO THECITY OF TULARE. 3. LOTA IN FEE TO THECITY OF TULAREFORLANDSCAPING.SIDEWALK.BLOCKWALL.ANDTHE MAINTENANCETHEREOF. 4. EASEMENTS,2 FEET WIDE, FORTHE INSTALLATIONANDMAINTENANCEOF A BLOCKWALLANDALL APPURTENANCES PERTAININGTHERETOTO THECITY OF TULARE.AS SHOWNHEREONAND DESIGNATEDAS 2’ BWE(BLOCKWALLEASEMENT). 5. PUBLICEASEMENTSFORTHEINSTALLATIONANDMAINTENANCEOF GASLINES ANDCONDUITSFOR

ELECTRIC, CABLE,ANDTELEPHONESERVICES,TOGETHERWITHANYANDALLAPPURTENANCES PERTAININGTHERETO,AS SHOWNHEREONANDDESIGNATEDAS ”PUE” (PUBLIC UTILITY EASEMENTS). - 6. LOTB IN FEE TO CITY OF TULAREFORSTORMDRAINANDPONDINGBASIN PURPOSES,)ANDTHE MAINTENANCETHEREOF. WEALSOHEREBYWAIVEALL DIRECTACCESSRIGHTSAS SHOWNWITHINTHEBOUNDARIESOF THEMAP HEREON. CENTURYCOMMUNITIESOF CALIFORNIA.LLC A DELAWARELIMIT I LIABILITY COMPNY 4/] I ALLENBENNETT.VICE PRES‘ NT NOTARYACKNOWLEDGMENT: A NOTARYPUBLICOR OTHEROFFICERCOMPLEI'INGTHIS CERTIFICATEVERIFIES ONLYTHE

IDENTITYOF THE INDIVIDUALWHOSIGNEDTHE DOCUMENTTO WHICHTHIS CERTIFICATEIS

ATTACHED,ANDNOTTHETRUTHFULNESS. ACCURACY. OR VALIDITYOF THATDOCUMENT. STATEOF CALIFORNIA } COUNTYOFWI / 0NW.5)”? ME. ”MMMZ' ”47/0 NOTARYPUBLIC. PERSONALLYAPPEARED 22 /§Zfi evwvé‘ WHOPROVEDTO MEONTHE BASIS OF SATISFACTORYEVIDENCETO BE THEPERSONQS’)WHOSE NAMEQZ)IS/ARE SUBSCRIBEDTO THEWITHININSTRUMENTANDACKNOWLEDGED TO METHAT HE/SHE/IZHE'? EXECUTEDTHESAMEIN HIS/HEfi/IHETRAUTHORIZEDCAPACITYOEé),ANDTHATBY HIS/HER/‘FH‘EIR SIGNATUREQg)ONTHEINSTRUMENTTHEPERSONCX),ORTHE ENTITYUPON BEHALFOF WHICHTHE PERSONQK)ACTED,EXECUTEDTHE INSTRUMENT. I CERTIFYUNDERPENALTYOF PERJURYUNDERTHELAWSOF THESTATEOF CALIFORNIA THATTHE FOREGOINGPARAGRAPHIS TRUEANDCORRECT. WITNESSMYHAND . : SIGNATUR ?JQJAMM NAME ”72/6/14 1. flVé‘V/é * MYCOMMISSIONEXPIRES/&-9-.?p;l / PRINCIPALPLACEOF BUSINESS e552” COUNTY PLANNINQ/kOMMISSION'SSTATEMENT: APROVED: AUGUIS/K’ICS. 2018. CITY OF TULAREPLANNINGCOMMISSION.

YERS, SECRETARY DA
NOTICET HOMEOWNERS:

THIS SUBDIVISIONIS WITHINA LANDSCAPEMAINTENANCEDISTRICTANDTHE MAINTENANCEFEE FOR LANDSCAPING,SIDEWALK,ANDBLOCKWALLMAINTENANCEIS SUBJECTTO ANANNUALREVISIONBASEDONKACTUALMAINTENANCEOST / so I LS cERTIFl CATE:

I HEREBYCERTIFYTHATA son. REPORTWASPREPAREDBY MEON DeLimbv 7-‘ . Zafig .‘ fl ‘2 IN CONFORMANCE WITHTHEPROVISIONSOF STATEA D LOCALSTATUTES. wgg: WITNES = “ L S: ' .ANDAND0,0
’ 47 we “'3‘“; ‘ x 3m k »« .t ,_ k
-
. N 1—.
' 9; ”AK” 3%” x y‘ x DAVIDR. JAR R.C.E. 60185 3,, \

LEGALDESCRIPTION
* DAYOF .33 I51 , 20 u g
% FINALMAPOF

LIBERTYHILL PHASEI

IN THECITY OF TULARE,COUNTYOF TULARE,STATEOF CALIFORNIA SURVEYEDANDPLATTEDIN FEBRUARY2021, BY LANDDESIGNCONSULTING

CONSISTINGOF FOURSHEETS

SHEETONEOF FOURSHEETS
BASIS OF BEARINGS « I
THESOUTHLINE OF THESOUTHEASTQUARTEROF SECTION9. TOWNSHIP20 SOUTH,RANGE24 EAST, MOUNTDIABLOBASE& MERIDIAN,TAKENTO BE N89'31'47"E AS PER PARCELMAP5310, RECORDEDIN BOOK54 OF PARCELMAPS,AT PAGE17, T.C.R. , SURVEYOR’SSTATEMENT

THIS MAPWASPREPAREDBY MEOR UNDERMYDIRECTIONANDIS BASEDUPONA FIELD SURVEYIN

CONFORMANCE WITHTHE REQUIREMENTSOF THESUBDIVISIONMAPACTANDLOCALORDINANCEAT THEREQUESTOF CENTURYCOMMUNITIESIN DECEMBER,2020. I HEREBYSTATETHATTHIS FINAL MAPSUBSTANTIALLYCONFORMSTO THEAPPROVEDOR CONDITIONALLYAPPROVEDTENTATIVEMAP, IF ANY. ALL MONUMENTS AREOF THECHARACTERANDOCCUPYTHE POSITIONSINDICATEDANDARE SUFFICIENTTO ENABLETHESURVEYTO BE RETRACED.THEMONUMENTS NOTYETSET, WILLBE SET WITHINONEYEAROF RECORDATIONOF THIS MAP. v RUBENAPARICIOIII, P.L.S. 8026 CITY ENGINEER’SSTATEMENT

I HEREBYSTATETHATI HAVEEXAMINEDTHIS MAP, THATTHESUBDIVISIONAS SHOWNIS SUBSTANTIALLY

THESAMEAS IT APPEAREDONTHEAPPROVEDTENTATIVEMAPANDANYAPPROVEDALTERATIONS “THEREOF.ANDTHATALL PROVISIONSOF THESUBDIVISIONMAPACTANDANYLOCALORDINANCES APPLICABLEAT THETIME OF APPROVALOF THETENTATIVEMAPHAVEBEENCOMPLIEDWITH. I FURTHERCERTIFYTHATALLREQUIREDOFFSITE ANDONSITEIMPROVEMENTS HAVEEITHERALREADYBEEN

INSTALLED,HAVEBEENDEFERREDUNTILFUTUREDEVELOPMENT, OR ADEQUATEBONDSOR OTHER SUITABLESURETIESHAVE»BEENPROVIDED.
2 MICH-Arfi W. MILLER, CITY ENGINEER R.C.E. 53462 CITY SURVEYOR'STATEMENT I HEREBYSTATETHATI HAVECAREFULLYEXAMINEDTHIS MAPANDAMSATISFIEDTHATTHIS MAPIS TECHNICALLYCORRECT.PURSUANTTO THE PROVISIONSOF THESUBDIVISIONMAPACT. RANDYWASNICK.CITY SURVEYOR PLS 8163 BOARDOF SUPERVISORSTATMENT
I, JASONT. BRITI', COUNTYADMINISTRATIVEOFFICER/CLERKOF THEBOARDOF SUPERVISORSOF THE COUNTYOF TULARE,STATEOF CALIFORNIA,DOHEREBYCERTIFYTHATSAID BOARDOF SUPERVISORS HASAPPROVEDTHEPROVISIONSMADEFORTHEPAYMENTOF TAXESAS PROVIDEDIN DIVISION 2, OF TITLE 7 OF THEGOVERNMENT CODEOF THESTATEOF CALIFORNIA. DATEDTHIS 93 reI’DAY OF 1 5mm. , 292072012, w 1‘ JASONT. BRITT 3}. TULAREcou
07{04 5302/ THELANDREFERREDTO HEREINBELOWIS SITUATEDIN THE CITY OF TULARE.COUNTYOF TULARE.STATEOF DATE CALIFORNIAANDIS DESCRIBEDAS FOLLOWS: PARCELB ANDC OF PARCELMAPNO. 5310, IN THECITY OF TULARE,COUNTYOF TULARE,STATEOF CALIFORNIA,AS PER MAPRECORDEDIN BOOK54, PAGE17 OF PARCELMAPS, IN THEOFFICE OF THECOUNTY RECORDEROF SAID COUNTY. W. INYOAVE. - STATEHIGHWAY137 g(zzgzz W. SHASTAAVE. DATE

NAPAST.5
Z
n: <
2 W. SONORAAVE. S MENDOCINOST. S. WESTST.
67? 0/7'7' DATE BY:
-N.T.S.
. M7,? me; , VIM» .fi. “3pm.“... mmA. ‘39,. M ?‘ Wm , M “"qu “m5, 4‘ fl . a /F L” a v3," A [I 2" 5 I, y A“? k I. ‘ §a , f“ "a {31‘ Q _ v‘ ‘V 4" p,‘ "M z~ " ,m \r 1m? w i "m ‘ ’ ’ 3‘ ‘. Es , . [71:73; @- «N xi, r’ .Y 4;. 1 f( a ' w. \v N“ , ‘ u ,‘n *2. I ,5 \ A \1 ’(I' I v 0. 1. 15;; fl " “M ‘. ~ JAM. fl , 1» f ’ M" N .~ w \ I“ . ,7 (a I Wm , r (3 a “w» ’1 5 3 ,1 0 w . o 3
\ A am” “1% 3i « A a “L , I \ . . , ., M gt. (a I ‘9” A3?» ”:11 V ' z : A 4) A.
. I x: ‘ QM: I r’ A a m . st \ N, ‘(V- ‘ 3;, ,9 '1 r“7 A; A. M ‘ a 3 \ Ag r “1‘ A , ‘ v i ‘ ‘4 I M \ o" 5- "a N r. 3;" / A *x w w m/ '5 N " ,u' (w VA "‘K A * M»’: /“l/"‘4 “ “s “ . (a ,z‘” x1 x“?! .0; ‘44de «a, r” . I" '9 I w. ,4.” ,5”; n w mm...” «MAM “:2” ‘ WWKMMfiwmmfi
/ ENTERPRISEST. RD. 84- W. BARDSLEYAVE.

ADMINISTRATIVEOFFICER/CLERKOF THEBOARDOF SUPERVISORS

VICINITY MAP DEPUTYC
THIS IS TO CERTIFYTHATAT A REGULARMEETINGOF THECITY COUNCILOF THECITY OF TULARE HELDONTHE1* DAYOF 4g! 1; . 2083- AN ORDERWASDULYANDREGULARLY MADEANDENTEREDWAPPROVING THIS SUBDIVISIONMAPANDACCEPTINGON BEHALFOF THEPUBLIC. SUBJECTTO IMPROWMENTKTHE PUBLICSTREETSANDLEITEREDLOTS; ANDACCEPTINGTHE PUBLIC UTILITY EASEMENTSANDBLOCKWALLEASEMENTS.ALL INCLUDEDWITHINTHEBOUNDARIESOF THE RIGHT—TO-FARMSTATEMENT:

IN ACCORDANCEWITHSECTION10.160.040 OF THECITY OF TULAREORDINANCECODE,ANDAS A ,5 CONDITIONOF APPROVALOF THEABOVEREFERENCEDPARCELMAP,SUBDIVISIONMAP, OR USE glfifi'“ \ \ PERMIT, THEOWNERHEREBYACKNOWLEDGE THAT: / ’WWA§\SUBDIVISIONANDAS SHOWNUPONTHIS MAP. ANDAPPROVINGTHEABANDONMENT OF THOSEPUBLIC IF THE PROPERTYIN WHICHYOUARETAKINGAN INTERESTIS LOCATEDADJACENTO AGRICULTURAL / Xi} EASEMENTSSHOWNONTHEMAPANDNOTEDA5 ABANDONEDBYTHEFILING OF THE MAP- u{ 1.0} <,

LANDS YOUMAYOR

BEOPERATIONS, SUBJECTTOOR

INCONVENIENCES

IS INCLUDEDWITHIN

OR DISCOMFORT ANAREAZONED

ARISING
FOR
FROM

AGRICULTURAL
SUCHOPERATIONS PURPOSES, f‘“Am
“” , 3:} FAIW'TNESSMIKHANDANDOFFICIALSEALOF THECITY OF TULARE: INCLUDING,BUTNOTLIMITEDTO: NOISE, ODORS,FUMES,DUST, SMOKE,INSECTS, OPERATIONSOF IJHIS ALL.—DAYOF . 20E... MACHINERY(INCLUDINGAIRCRAFT)DURINGANY24-HOURPERIOD. STORAGEANDDISPOSALOF xi”; ”cm°“¢d\ MANURE,ANDTHEAPPLICATION(BY SPRAYINGOR OTHERWISE)OF CHEMICALFERTILIZERS, SOIL AMENDMENTS, HERBICIDES,ANDPESTICIDES. ONEOR MOREOF THE INCONVENIENCESDESCRIBED __ HEREINMAYOCCURAS A RESULTOF ANYSUCHAGRICULTURALOPERATIONWHICHIS IN CMCCHIEF DEPUTYCITY CLERK CONFORMANCE WITHEXISTINGLAWSANDREGULATIONSANDACCEPTEDCUSTOMSANDSTANDARDS.IF ""ziifié :6?” MinW’ INCONVENIENCES YOULIVE ADJACENT AND

TODISCOMFORT AN AGRICULTURAL AS A NORMAL OPERATION, AND

YOU NECESSARY
SHOULDASPECT BE PREPAREDTO ACCEPTSUCH «MM
OF LIVING IN A CITY 9 WITHA STRONGRURALCHARACTERANDANACTIVEAGRICULTURALSECTORIN THEREGION. REQORDER8 STATEMENT DOCUMENTNi). ggn-ngasz FEE2 PAID s .8L99__ FILED THIS 3 DAYOF , 202 ATIMAM.IN VOLUMEgé OFl MAPS,AT PAGI-Z Q3 T.C.R., AT THEREQUESTOF LANDDESIGNCONSULTING.

‘ 1 r J V 5‘,-;\\/‘+, _ _ 2:4 A v, , ’ ',."l :'_”.:5? , [é ( ,, ¥ * A z?» I
j" "' \3 / A7
z r \ "’
* f TARAFREITAS, CPA
TULARECOUNTYWASSESSOR/CLERK—RECORDER DEPUTY
BY:
2021 —- 9:380m DRAWING:S:\2020\LDC20014\Survey\Record D0to\M0ps\20014_FM.dwg;2 -— LDC-Civi|.ctb Jul 06, PLOTBY: corozco

II I I I I I / 7
. I 1 1 N89°’"2839EN892839E x / + I I‘ ______ _______1335. __ 61 ’.[1335 __ ._____. 61’] . 2 FINAL . MAP/ -
, OF N8—‘9'28’39'E -—-—[-— -~— —-—1——————-———~:—-- -~— --- —-—-- _.____ _.___ 5 809.03’ I‘” N89_ZB'E39 . . 525,55: -_ / ” ‘ ‘ 314"03’ ' ’ ” 5:4. 86’ 5.0 00’ 50. 00’ 50.00 50.00 50. 00’ 50. 00’ 50. 00 60L1147' 3A0° 3A0"51.8001; 55. 00:3 50.00:; 50. 00:; 50. 00:; 55. 00? 87. 26 33.3% . . SEE NOTE3 ' . ' .tu . F '01%? ‘3. F. F. ?“o E ab 9:. [\Egsoah :3 ib $10 $5, . b5”, . ab 50 go 578 " go 213 .,8 N 1749 175 .

“.0 10 ’V‘ EC?
0 IO '- |O
P f— . 22:: PFC) I 1592.21 2.2161251622016322 . . v- b v- 5.01252212252127wo2 . OP E“5592:915 2:?” 291715” '- 72::F 7329-519 8 '- 2 00/2°~’_© 2»F: 9 ~+ * 25322 g“ 3 ‘2? g c23 2 I §va 3 55,32" 3. 52-1 IN THECITY OF TULARE,COUNTYOF TULARE,STATEOF CALIFORNIA 93 1 5000: 5000_ 5. 5000 5000’ 4079... —|.’ 4113-.54 24’z~ 5000’ 5000’: » 6’6. 176 ~ g SURVEYEDANDPLATTEDIN FEBRUARY2021, BY LANDDESIGNCONSULTING 1;} - 4-5 391-45 SEE DETAILA ' «g 5
" 087 . .. WW 0NSHEET2 5 4 Q CONSISTINGOF FOURSHEETS
. I I." g SHEETTWOOF FOURSHEETS
. . o. ‘
i Q? I /{ , .. - 1 1/A I 3: 99 RI ng NI "2: N
3; OUTLOTB “Q a :5 THESOUTHLINE OF THESOUTHEASTQUARTEROF SECTION9, TOWNSHIP20 SOUTH, .5 II 1 RANGE24 EAST, MOUNTDIABLOBASE8c MERIDIAN,TAKENTO BE N89'31’47”E AS PER 33 ...: {:3 PARCELMAP5310, RECORDEDIN BOOK54 OF PARCELMAPS.AT PAGE17, T.C.R. * A I 3 .3 g I 21;. . 23' , 30.2 9»- 1. SET 3/4” IRON PIPE, 6" DOWN,TAGGEDPLS 8028 AT ALLPARCELCORNERS ;: o :2 ANDANGLEPOINTSWHEREPOSSIBLEOTHERWISESET 3’ WITNESSCORNERAs I :3: ... g NOTEDORSHOWN. 5 22 M’2“; 0003500 ...,
, ‘ WW......1 5 ...... (51L - ' . F 2. ALL DISTANCESSHOWNAREIN FEET. SEE 95“” F . .....Né9 2839.E. A 5 3. FOUND3/4”1R0N PIPE. 6” DOWN,TAGGEDPLS 8026, As PER RECORDDATAAS . N8928’ 39”E . . - PER PARCELMAPN0. 5310, RECORDEDIN BOOK54 OFPARCELMAPSAT PAGE . O - co: L15 : 1°- 83-4 17 T...CR f - g 1°55. 55 55. 00’ 50. 00 20. gag? I ‘ C84 3 -B ‘3 PE; 9 n 9 n ‘ v 9 . . N 3; 4. N89'O7 08 [N89‘07 08 E] 72.00 [72.00] . n' 10 . '3— '0 . 5 2 124 ;, 11;; ~52 LEQENQ. A 71 2 IE 5 {p MONUMENT FOUNDANDACCEPTEDUNLESSOTHERWISENOTED. [_ 4.123 .-§ 7§E9EB,NOTE3 3m . _ _ o CENTEROF CURVE .— : 5398' . 1 SEE NOTE3, .. .. .. I 1;:- ‘1 :5 ?L ?I; ?L ““5 '-',,‘,"I I5 5; 100.00[1oo.oo] WITNESSCORNER:SET 3/4“ IRON PIPE, 6" DOWN.TAGGEDPLS 8026 ONLOT - g 5 . 1°. S ... . 0 LINE As SHOWN3.00’ FROMNEARESTLOTCORNER I 3; .I 2 IEE - E (DISTANCESSHOWNARETO THETRUECORNER) SE5 @IR 53.2” 1;," (9 SET BRASSCAP FLUSHIN CONCRETE,STAMPEDPLS 8026 PER cmOF TULARE I 15;. $2113:g 1;. STANDARD11—20. I '22. I80:82:95 39E..- .r: I2 K A NOWDEDICATEDIN FEE 10 THECITY OF TULAREFORPUBLICSTREETPURPOSES. 11; ' MWMW- --©~°- , .. 3. WWINDICATESRELINQUISHMENT 0F DIRECTACCESSRIGHTS. E...» .0 N8928’ 39E :2 I_.....o «««««1"” . JO :3 ( ) RECORDDATAPER PARCELMAPN0. 2660 RECORDEDIN BOOK27 AT PAGE61 . ”I2527R22 :21“. 9.5-5.0 :3 Q OF PARCELMAPST...CR
5““ . ‘ 04:9 I ~30 :3 RECORDDATAPER PARCELMAPN0. 5310 RECORDEDIN BOOK54 AT PAGE17 .0 . R _, :2 2. 86 108 OF PARCELMAPSTCR ‘
v1. 8\ 29 26R2? 0 gr. (:5 9 6 0 0 mm5°, .’ o ‘0 ,1sz 4,389. .28 39E 1"» A PREVIOUSLYDEDICATEDFORPUBLICSTREETPURPOSESPER PARCELMAPN0. 5310 in m N89'1_2_’43" E 01525;”220 83 54 f RECORDED1N BOOK54 AT PAGE17 OF PARCELMAPS,T.C.R. < . _ . , L335 “528 IS? I3}? 9588’ - 2:; PREVIOUSLYDEDICATEDAs A PUBLICUTILITY EASEMENTPER PARCELMAPN0. 5310 cm 28 o 5002 * , A RECORDEDIN BOOK54 AT PAGE17 OF PARCELMAPS,T.C.R. Hg N89'1_2_’43”E ,R42f ‘2’ 3o 5, 15 ABANDONEDAs PER THIS MAPPURSUANTTO SECTION66434(0) OF THE 01 “0’0853 2,5 .00 ,1 23.14 g SUBDIVISIONMAPACT.
. 27 Q 02* N59'1255 . .2: PREVIOUSLYDEDICATEDAS ANACCESSEASEMENTANDPUBLICUTILITY EASEMENT ‘0 l0 N89°12’43”E <1 (OI o 1000° . 9- PER PARCELMAPN0. 5310 RECORDEDIN BOOK54 AT PAGE170E PARCEL . “550' “I““NI '305’31 610’47”E 8N89’31H'47”E8 EA 1 A SCALE- 1”—-100’ A MAPS’T’C’R’ °Wfim51§10050 ”25:0, ‘ 'mN391253E . ’5 36’ I 36' § ' " 15 ABANDONEDAS‘PER THIS MAPPURSUANTTO SECTION66434(0) OF THE / 8 I2 SUBDIVISIONMAPACT. ’ , 962mm”67 g 2:; PREVIOUSLYDEDICATEDAS A STORMDRAINEASEMENTANDAN IRREVOCABLEOFFER ,< A _ _ z" E N89§1’”47E :0 A OF DEDICATIONAs RIGHTOF WAYIN FEE TO THECITY OF TULAREPER PARCEL % :26. g 1 9.09 :3 b 100.00’ a +- 2 MAPN0. 5310 RECORDEDIN BOOK54 AT PAGE17 OF PARCELMAPS,T.C.R. I0 I go- 53 a '0. .56 g' ‘0 * 15 ABANDONEDAS PER THIS MAPPURSUANTTO SECTION66434(0) OF THE E :2: “131 , 2.. 10 3°- SUBDIVISIONMAPACT. ' I M . .4: I0... .. °o . F .2 . ‘33 NOWDEDICATEDIN FEE FORSTORMDRAINANDPONDINGBASIN PURPOSES,AND 2 :5 2 2° 54 z 5. 55 I"N 5r- 52:25. THEMNNTENANCE THEREOF ‘ Iz‘ *pUE \. 8 ”j =5.) 23;: 0 25 soSCALEKIbCIJ FEEISO 200 PUE PUBLICUnuwEASEMENTNowOFFEREDFOR DEDICATION,FORPUBLICUSE :— 1 ’2... .. Z“ :52 1869é2108’,% ”“7998 0, g : gt. BWE BLOCKWALLEASEMENTNowOFFEREDFORDEDICATIONFORBLOCKWALLUSE I< ’ AVENUEMJWQQB 47' mgg ) {a T.C.R. TULARECOUNTYRECORDS - 25855’94; (1513893147”E N89317’?ng 25.2% g\ 271 22 IS \ f2: T.F. - TIES ONFILE WITHTHETULARECOUNTYSURVBIOR .00’ 50. 00’ 50. 00’ :50. 00; 000? 50. 00 50. 00 50. 00 50.00 50. 00 50.00?:501 1 . a Ig: g: BOLDBORDERLINE INDICATESSUBDIVISION80UN___[_>A_R__Y —I L; I .;_I 5I éI EL .2ch |:I_,v-..v-. ”*“"‘" bPUEm»59153141031 310.81 2331 8 9.8 23 2; ?84 :- 8 23 ?"8 . g 1 2 EE) A= 89-56'52”[89-56’52"] I g I .3 5.:16221285152251431513235122311811215102915 3:5,; 8 5 ° 6 5:5 2'54 2'9; 3 32° 2 :99; 1| 2 ' |21 5 ":22 R = 2000120003 - . I .3 Iota I .1092 " 2: 2: '2: 9: 51", 2: ’2: 5... 2 2:2 25 5- 2— 2: 2- I ’I "’5 T=‘9-98.“9-98.1 1% ' 5‘22 EBQEIZ BWE ‘23 z z 2 115754 2 2 :2 <23 2 WEz z z z . z \ ‘I‘ 5:: L = 31.40[31.40] I 3I<P I 5%93+ 7 105.182.. ..8244....5.0.00. 50.00 50.005000500015000: 0.0’ H5200:500.. 0.00.. 0.00.. 20.00... 00?. 5200-500 . 0200:5213? . 50.90503.3 91‘91 . I 8 I 2 U) m .0 ‘ .. .22."; . 4 .. ..-. .. : ”.-.... .. ...... _ .. . . .. .W °- ~- .... -- -———————- -- -------- ‘ “ I I z N89'28’39”E I ‘55 "5 SEE DETAIL0 WW7 1137.78 A. I 12:9:—£;I§ 2 SEE NOTE3 I I I , -- .... ~ I 3159891311543E 0N SHEET3A WEST OUTLOTA BARDSLEY AVENUE Z .. .... .... ...... .... .-....W... ,2: , - .....- ...... .. .. ... IW454..51.51.L3 I W»; "2.73:: .... 5%":....:.:......:;1..... W......."".......'”.. .-....3" .. “m"...... WW""“: ........... m._’ ".m, . W.. W...“.......... .. ..--..WW ”51193.60“- L19“ \. N89’31 47"E ~ WWW“.. ...: ‘1' 1 ” ““"""""'"'""W ” 137313 GLORYAVENUE ““‘N89'3147E __ __ __ __ -__________. WWWWWWH N89‘31’"47E —-————-—- ---—-——-—-——-—______.1_42908’ L. _.I N8931 ’17”;W- - _____________ ‘ ' “*—-- __.________..... " _______.____ ““m" _________ " _________._ ““ "1193.51 " _________ ‘ g”—” 2622.68’[2 22.68’](2622.83’) ———-—- ——--— _— : N89'3147 E[N893147E](N89° 4956”E) BASIS OF BEARINGS / SEE DETAILI FOUND1” IRON PIPE N WELL,AS BEINGTHE DE!" IL A FOUNDTHCMONUMENTDOWN12 AS BEINGTHE 0N SHEET3 SOUTHEASTCORNEROF SECTION9. TOWNSHIP20 5 SOUTHQUARTERCORNEROF SECTION9 TOWNSHIP . CAL: 1 ,= 10 SOUTH,RANGE24 EAST. M.D.B.&M.. AS PER T.F. I I 20 SOUTH,RANGE24 EAST, M.D.B.&M., AS PER T.F. 1
” ; Se FINALMAPOF
/ ‘ LIBERTYHILL PHASEI
IN THECITY OF TULARECOUNTYOF TULARE,STATEOF CALIFORNIA . f' "" "" —"" "' "" "" "I SURVEYEDANDPLATTEDIN FEBRUARY2021, BY LANDDESIGNCONSULTING - 9:38am DRAWING:S:\2020\LDC20014\Survey\Record Dato\Mops\20014-FM.dwg;3 —- LDC—Civil.ctb zco JUI 06, 2021 PLOTBY: coro DETAILE SCALE: 1” == 40'

V CONSISTINGOF FOURSHEETS . W WWWW:??W‘éWgo, SHEETTHREEOF FOURSHEETS . I . 13.}? 2;, I I
””9 - ' +0- ~ C2 N“ -I I— "F—~7c\ -I I g I
/ E I 2 ‘~ I I / c: A. I I g I I:

I 09) G x .3 I LIJ \ . I I . // \A I I I I E
- \ ‘ AA I l .a /‘ A.
\. l I ‘ 1 “o
|— I m
gfinj I__ if! ,9 (L RA __I I 1 I3. '5'". ‘ ’ ‘ i 4 A. '8 . \ I I .3 ’9 ANTHEMCOURT ‘ ~ \ I I I .' ABL'NGTONCOURT I I I g; I I I \ . I I I i 2 2 I 2
Q I I I I <9 I I 2- ‘I g
I \ IE? I I I '. I I BWE I 0" . \ I I I 1 I I
* I 2. / .x’ I I \ I I I 4? .1
gI ’I I I bI I I Li}; SEE NOTE3
A [9:29 I I § I I Whimq/J' *
I C25- - I I - - - - I I ,. 1 :”2A= 90'03:08”[90:o3’08"] DETAILB DETAILC ’ _____.___
SCALE: 1" = 20’ SCALE: 1" = 20’ DETAIL D
' N792747”[N7927' 47'] I I I I ~ . --—I
. , N69'12’58”E _ _ 5’ I
I I ‘ 'W N823525”E[Naz3525”E] I A= 131922[1319 22”] . l I I: §ZZ3I§§75793°1 ' .. 59 I 126 \o.‘ L= 6464[64.64]\ I ”I 19%| I 331 N691604E[N691\604”E] E3 g N89125_8 ”E - - I ‘ " 122.39 AI? \ \ - - I I— R3§§3§€§£%55%71°4II DETAIL 1—— DETAIL H T: 1251 [1251] SCALE: 1" = 40, * SCALE: 1” = 20' I 125 L= 25.’.’oo[2500] I I . A= 11'46’12"[11‘46'12”] s75 43(W38W[S754340?. W] I _ _ _ _ _ $: igzagfI’ggzazéfIO'1WWA=98°5o’o3"[96°50'03"] FW 1 I , L-Wm I: §§flfi§2£§§§2§ lg: 21 _ I
, L= 34.7.‘50[3450] 3’ I41 {3—251I' ——-I g N20‘39’”01w 5526'”49E[3526’”49E] I EWWWW'PI—i I *.M - [N2039’o1”W] J&IQ I MI . _ ‘oIoUUTLOTA LWTWWWWWWWWWWWW 4 ’ 1.9.. ..... WW I ' . SI mm... .. I 95.55.129.16“ 1:: 5.13.13.65.51“ [135$ BARDSLEYAvEij EA I 09 T:3.710:.:[371o] ;
I N _———_ _ ——_ I DETAIL G DETAIL
I SCALE: 1” = 40’ SCALE: 1” 20’
\ ,3 e e ‘ ‘ * f z FINALMAPOF
LIBERTY{ HILL PHASEI

IN THECITY OF TULARE,COUNTYOF TULARE,STATEOF CALIFORNIA SURVEYEDANDPLATTEDle FEBRUARY2021, BY LANDDESIGNCONSULTING CONSISTING0F FOURSHEETS
SHEETFOUR‘OFFOURSHEETS CURVETABLE CURVETABLE / ‘ CURVETABLE CURVETABLE RADIALTABLE RADIALTABLE - ' “NEE._______ LINE TABLE LINE # LENGTH
L1 55.94” ‘ L2 42.00” L4 25.03' L5 25.03’ L6 2821’ L7 2429’ L10 50.00' L11 50.00’ L17 30.00’ L18 30.00' L20 28.00’ L21 28.00’

O
0 C79 2000' 20.00'

LOTAREATABLE
ml—“—
“-
N81' 28’ 33"w
----m
"M- m_—

r—n cub I
r——-\ I

- 13n) El
(A

C27
0 2.:
l
879’ 35' 52"E
370' 50' 08”E
_57.60' 54.00' 61'06'38” 31 .88’ C54 5034' 278.00' 102234” 25.24' -. LOTAREATABLE AREA(5.1-1) LOTAREATABLE LOTAREATABLE LOTAREATABLE w»

LOTAREATABLE
LOT # LOTAREATABLE LOTAREATABLE

AREA(5.1-1)
U1N
5043 6957 2021 - 9:390m DRAWING:S:\2020\LDCZOO14\Survey\Record Dato\Mcps\20014_FM.dwg;4 - LDC—Civil.ctb Jul 05, PLOTBY: corozco U1 3401 r. 01 3fig 6 57
8UIUT 96$00(AN 4O37
5057
6509
6922
5407
5286
5055
6504
6516
5073
5318
5456
7011
6415
5000
5000
5000

7 8301
6000
6000
6000 6000
6000
6000
6000
6000
6000
6000
6000
6000
6000
6000
6000
71 (D co 1
2OLD“) 4(D5 (O7
101
102

-m
“—.Im
“-
m-

llllllillllllllliiiillll 172
Illilflliililllllliiiiilll
OUTLOT8 128738
LOT 1

OUT LOT A
LOT 2
LIBERTY HILL PHASE 1
R.M. 44/93

TULARE COUNTY
N

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to execute a preliminary oversized construction reimbursement agreement with Gussan Shedid for construction costs associated with the Little Caesars commercial development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

As part of the Little Caesars commercial development located 450 feet north of the Mooney Boulevard and Bardsley Avenue intersection, Gussan Shedid (Developer) was required to extend the existing median island in Mooney Boulevard, and widen and pave Mooney Boulevard to its ultimate right-of-way configuration along the project’s frontage. Portions of the Mooney Boulevard street improvements are considered oversize, as they are required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

STAFF RECOMMENDATION:

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

DIF Local Streets & Traffic Signals / 230-3230-000
AGENDA ITEM: Consent 11.11
Submitted by: Michael Miller Title: City Engineer
Date: October 24, 2022 City Manager Approval: ____________

Page 1 of 7 ends

PRELIMINARY OVERSIZE CONSTRUCTION REIMBURSEMENT AGREEMENT

MOONEY BOULEVARD IMPROVEMENTS ASSOCIATED WITH LITTLE CAESARS This Preliminary Oversize Construction Reimbursement Agreement (“Agreement”) is made and entered into as of this day of , 2022, by and between the CITY OF TULARE, a Municipal Corporation in the State of California (“CITY”), and GUSSAN SHEDID (“DEVELOPER”), with reference to the following facts:

WHEREAS, DEVELOPER is the owner and developer of the proposed Little Caesars (hereinafter referred to as “PROJECT”) located 450 feet north of the Mooney Boulevard and Bardsley Avenue intersection (hereinafter referred to as “PROPERTY”), and
WHEREAS, the conditions of approval for the PROJECT require DEVELOPER to construct: roadway widening and median improvements across the PROJECT frontage, and
WHEREAS, the CITY has identified certain components of the required improvements that are supplemental in nature and subject to oversize construction reimbursement in accordance with the provisions of Chapter 8.64 of Title 8 of the Municipal Code of Tulare, and
WHEREAS, Chapter 8.64 of Title 8 of the Municipal Code of Tulare requires, in the event that sewer, water, storm drain or street improvements are installed by a developer or a right-of-way is dedicated by the same, any of which contain supplemental improvements as described in that Chapter, that the CITY shall enter into a reimbursement agreement for oversize improvements with the developer; and WHEREAS, CITY and DEVELOPER desire to memorialize their agreement with respect to the foregoing as more fully set forth below in this Agreement.

NOW, THEREFORE, incorporating the foregoing recitals, and in good consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, CITY and DEVELOPER hereby agree as follows:
a. Reimbursable Site Work. CITY and DEVELOPER agree that the following components of the improvements required as conditions of approval for the PROJECT, are eligible for oversize construction reimbursement by the CITY to DEVELOPER, in accordance with Chapter 8.64 of Title 8 of the City Code of Tulare:
a. Mooney Boulevard Development Pave-out Area – Per City oversize policies and the Municipal Code, all commercial developments within commercial areas are responsible for pave-out widths of up to 30 feet (hereinafter “Development Pave-out Area”), constructed with a roadway structural section that meets

Page 2 of 7 ends

collector roadway standards across the PROJECT frontage. The structural section design of Collector roadways is based upon site soil conditions and a traffic index of 6.5, but shall in no case consist of less than 4 inches of asphalt concrete (AC) covering 8 inches of Class 2 aggregate base (AB).

Material and roadway excavation costs associated with additional structural section thickness within the Development Pave-out Area are supplemental in nature and eligible for oversize reimbursement.
i. Mooney Boulevard Supplemental Structural Section Thickness Within Development Pave-out Area – The approximate area of the development pave-out area along the Mooney Boulevard PROJECT frontage has been estimated at 7,111 square feet. The estimated value of supplemental roadway structural section improvements associated with the Development Pave-out Area is as follows:

Value of Supplemental AC quantity (additional 3” of AC):
138 tons x $120.00 per ton = $16,560
Value of Supplemental AB quantity (additional 3” of AB):
138 tons x $45.00 per ton = $6,210
Value of Supplemental Roadway Excavation:
395 cubic yards x $5.00 per cubic yard = $1,975
Subtotal = $22,770
b. Mooney Boulevard Median Island – The approximate median island area along the PROJECT frontage has been estimated at 2,833 square feet. The estimated value of the Mooney Boulevard median island is as follows:

Value of Median Island Curb:
818 LF x $25.00 per LF = $20,450
Value of Median Island Concrete Flatwork (4” thick):
2,833 SF x pl $12.00 per SF = $33,966
Value of Supplemental Roadway Excavation:
150 cubic yards x $5.00 per cubic yard = $750
Value of Supplemental AC quantity (7” of AC):
195 tons x $120.00 per ton = $23,400
Subtotal = $78,566
The total estimated costs eligible for oversize reimbursement is $101,336.

Page 3 of 7 ends

2. Oversize reimbursable costs shall be based on the actual cost of installation. In addition, reimbursement shall be limited to the additional material costs where a difference in material quantities is involved. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees directly attributable to the oversized portion.

3. The CITY shall pay interest on any outstanding principal balance owed to the DEVELOPER pursuant to this Agreement at a variable rate, compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence from the acceptance date on the notice of completion.

4. In accordance with the provisions of Chapter 8.64.020 (C) of the City of Tulare Municipal Code, the total principal and interest for oversize and/or excessive right of way dedication shall be paid to the DEVELOPER by the CITY in accordance with the following:
a. For improvements funded through the City’s Development Impact Fee (DIF) program, the CITY shall not be required to reimburse more money than is identified and collected through the DIF program as improvement costs attributable to new developments within the City of Tulare. b. In accordance with City Ordinances and the DIF Program, fees are collected from developments City-wide and are maintained within individually ear-marked funds, each one dedicated to reimburse the City and/or Developers for a specific type of improvement (“Improvement Fund”). DEVELOPER shall be eligible for reimbursements from each said fund, to the extent applicable to the aforementioned oversize improvements. DEVELOPER reimbursement shall not be limited to DIF monies directly collected from the development that is the subject of this Agreement, and shall be eligible for reimbursement by the CITY with the monies in each applicable Improvement Fund, collected city-wide and at any time.
c. Reimbursements shall be made only at that time when the balance of applicable CITY impact funds is sufficient to discharge the debt owed to the DEVELOPER from that Improvement Fund pursuant to this Agreement and in accordance with DEVELOPER’s standing on the Reimbursement List described in section d below. CITY shall be required to exercise good faith and due diligence in the collection of all DIF program fees from new developments within the City. Notwithstanding any other provision of law, the City of Tulare Municipal Code, or this Reimbursement Agreement, failure or error by the CITY resulting in funds not being collected will not subject the CITY to any liability, obligation, or debt owed the DEVELOPER, absent a showing through reasonably reliable evidence that the CITY’s failure or error was the result of

Page 4 of 7 ends

bad faith or lack of due diligence. Any such failure or error by the CITY shall not, however, discharge the debt owed to DEVELOPER or CITY’s duty to reimburse DEVELOPER pursuant to this Agreement at such time that sufficient funds become available. In no event shall CITY be liable to DEVELOPER for any amount of money in excess of that owed for reimbursement pursuant to this Agreement plus interest as outlined in section 3 above. d. Notwithstanding the provisions of subsections (a)-(c) of this Section 4, City shall implement a supplemental reimbursement mechanism to ensure the Developer Is fully reimbursed for all improvements and excess right of way not later than five (5) years from the effective date of this Agreement. The source of funding for the supplemental reimbursement mechanism shall be sales tax generated by the Project.
d. CITY has provided Developer with a true and correct copy of the Reimbursement List for each Improvement Fund maintained through the City’s DIF program. DEVELOPER shall be added to each applicable list in date order. The applicable date for purposes of proper placement on the Reimbursement List shall be the date upon which the City accepts the improvements following Notice of Completion. Reimbursements are to be made by mail to the DEVELOPER at the following address:

Gussan Shedid
3849 Jenkins Road
Bakersfield, CA 93314

5. CITY and DEVELOPER each make the following representations and warranties to the other: (i) it has the legal power, right, and authority to enter this Agreement and to perform its obligations hereunder, (ii) all requisite action has been taken and all required consents, approvals, and authorizations have been obtained by it in connection with entering into this Agreement, (iii) no further consent of any partner, shareholder, trustee, trustor, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other person or entity is required for it to perform its obligations under Agreement, (iv) the individuals executing this Agreement on its behalf have the legal power, right and actual authority to bind it to the terms and conditions hereof, and (v) upon full execution, this Agreement shall constitute the legal, valid and binding obligations of it, enforceable against it in accordance with its terms, to the extent permitted by law.

6. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.

7. If either DEVELOPER or CITY brings an action, suit or other legal proceeding against the other for any matter relating to or arising out of this Agreement, then the prevailing party in such action or dispute, whether by final judgment, out of court settlement or otherwise, shall be entitled to recover from the other party, in

Page 5 of 7 ends

addition to any other relief granted, all costs and expenses of such legal action, including reasonable attorney’s fees, unless otherwise mutually agreed upon by the parties.

8. This Agreement represents the entire understanding of the CITY and the DEVELOPER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing and signed by both the CITY and the DEVELOPER.

9. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement, or any part thereof.

10. Venue with respect to any disputes arising from this Agreement is proper in the Superior Court of California, County of Tulare.

11. The parties agree that each shall give the other 60 days’ advance written notice and attempt to settle any disputes through mediation prior to filing any legal action in the Superior Court, unless this requirement is expressly waived in writing by both parties.

12. Service of any notices or documents relating to this Agreement is proper through personal service to the City Manager’s Office or Developer’s principal business office at 3849 Jenkins Road, Bakersfield, CA 93314, or by U.S. Certified Mail or reputable overnight courier service. Service shall be deemed complete upon personal service, upon the first (1st) business day following deposit with reputable overnight courier service, or upon the fifth (5th) calendar day following the postmarked date upon anything served by mail.

IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.
“DEVELOPER”

Signature:

Print name: Gussan Shedid
Title: Owner

Page 6 of 7 ends

“CITY”

CITY OF TULARE,
A Municipal Corporation in the State of California
Marc Mondell
City Manager
ATTEST:

Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:

City Attorney

Page 7 of 7 ends

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 ______________ before me, ________________, Notary Public__, personally appeared _________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Information Technology Services
For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve a contract with NTM Productions, subject to minor and conforming changes approved by the city manager and city attorney in the amount of $275,100.15 for purchase, and installation of Audio-Visual Equipment in the Council Chambers and Charter Room; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($27,510) of the contract amount.

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

On February 15, 2022, City Council passed Resolution 2022-05 approving $4,730,000 of ARPA funding to be used on various programs and projects to offset the impacts of the COVID-19 pandemic on the City of Tulare. One of the projects approved was identified as “Live/Recorded/Remote Council Chamber Upgrade” with a budget of $200,000. This project is an upgrade of the AV (Audio/Visual) technology in the chamber to support online, remote or hybrid meetings as well as online video-streaming for the public.

KEY FEATURES:
• Complete Equipment Replacement - Both the Chamber and Charter room will receive completely new A/V equipment. The current AV systems are analog-based systems and will be replaced with new current digital-based systems. • Video Camera Integration - The Chamber will be outfitted with five pan, tilt zoom cameras that will have the ability to automatically switch and focus on the person speaking. The Charter room will have one camera that can be used for video conferencing. These cameras will have the ability to provide the feed to Zoom, YouTube or other streaming platforms.

AGENDA ITEM: Consent 11.12
• Remote Public comment alternatives - Included in the system is the ability to provide additional options to the public for public comment. Full duplex phone support and optional video support are included in the system.
• Changes to Council Chambers Center Lectern - Included in the project is the leveling out of both the left and right portions of the lectern in the Council Chamber. By leveling out these lecterns, they will have the ability to be used on either side. This will create two locations where people can address a board seated at the dais. This will create a more natural flow to conversation by creating the ability to have a consultant or staff member at one location while still having an additional location for the public to make a comment. The intent is to alleviate the awkward up and down for the consultant or staff member.
• Charter Room Display Changes - The Charter Room AV display will be changed from a drop-down projector to an 80” display. The existing whiteboard will be removed and a smaller whiteboard will be added on the other side of the room.

The RFP requested pricing for upgrades to the Council Chamber and Charter Room. The cost for the Council Chamber is $225,880.13, and the cost for the Charter Room is $49,220.02 for a total proposed price of $275,100.15. The response from NTM is considered complete and responsive. Given that the cost estimate is $75,100.15 over the budgeted amount of $200,000, the overage will be funded from the Equipment Replacement Audio Visual account which has a current balance of $160,684.25.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☒Yes ☐No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
028 - ARPA Live/Recorded/Remote Council Meetings
623 - Equipment Replacement – Audio Visual
Submitted by: Jason Bowling Title: Chief Technology Officer Date: November 1, 2022 City Manager Approval: ____________

PROFESSIONAL SERVICES AGREEMENT
Council Chambers Audio Visual
This Agreement, entered into this ________ day of ________________, 2022, by and between the City of Tulare, hereinafter referred to as the “CITY”, and NTM Productions hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, for the cost identified in Exhibit “B” - Project Fees.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days following City’s issuance of Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “A”, unless otherwise extended in writing by CITY, in its sole discretion.

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in writing signed by both parties.

III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, as payment in full, a sum not to exceed twohundred seventy-five thousand, one hundred dollars and 15 cents. ($275,100.15). This amount shall constitute complete compensation, including document production and outof-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”.

B. Payment of Compensation: The CONSULTANT shall be compensated according to the progress payment schedule set forth in Exhibit “C” upon completion of percentage of each noted phase. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: Jason Bowling, Chief Technology Officer shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Tulare is specifically required.

B. CONSULTANT: Nathan Mcguigan, Owner shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. NO PERSONNEL AGENCY, COMMISSION, OR CONTINGENT FEE The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

IX. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

C. All subcontracts exceeding $25,000 shall contain all provisions required of the prime contract.

X. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XI. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XII. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY (and any funding agency) be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

D. Patent Rights: Applicable patent rights provisions described in 41 CFR 1-9.1 regarding rights to inventions shall apply to this agreement.

XIII. INDEMNIFICATION AND INSURANCE
A. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal Consultant’s fees and costs but only to the extent the Consultant (and its SubConsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its SubConsultants) and the City in the performance of professional services under this agreement.

B. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

C. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance: Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers

2. General liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

3. Professional liability insurance: Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

4. Auto liability insurance: Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident.

5. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

6. Each insurance policy required by this Agreement shall contain the following clause:

7. “This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Tulare, 411 East Kern Avenue, Tulare, CA 93274.”
D. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

E. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Tulare, 411 East Kern Avenue, Tulare, CA 93274.” In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Tulare shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Tulare, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Tulare.” F. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

G. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subconsultant’s performance of the work covered under this Agreement.

XIV. NON-DISCRIMINATION
CONSULTANT and all subconsultants shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XV. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising there from.

B. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

C. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

D. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

E. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF TULARE:
411 East Kern Avenue
Tulare, CA 93274
Attention: City Clerk
CONSULTANT: NTM Productions
11369 Avenue 264, SUITE B
Visalia, CA 93277
Attention: Nathan Mcguigan
F. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

H. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

J. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654 that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

L. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions there under.

XVI. ADDITIONAL MISCELLANEOUS PROVISIONS
A. Record Retention: The City, State, or their duly authorized representatives shall have access to any documents, books, papers, and records of the consultant (which are directly pertinent to the project) for the purpose of making an audit, examination, excerpts, and transcripts. The consultant shall maintain all required records for at least three (3) years after final payment on the project and all pending matters are closed. This also applies to all subcontracts in excess of $25,000.

B. Cost Principals: Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., are the governing factors regarding allowable elements of cost. Administrative requirements are set forth in 49 CFR, Part 18 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. This also applies to all subcontracts in excess of $25,000.

C. Changes in Work: If changes in scope, character, or complexity become desirable or necessary as work progresses, adjustments to the agreement may be made in writing signed by the CITY and CONSULTANT. In special cases, where it is essential that extra work be performed immediately, execution of the supplemental agreement covering the changes will be accomplished as soon as possible. This agreement shall provide for the preparation and submittal of contract change orders when applicable. There shall be no charge to the City when the change order is required to correct errors or omissions by the Service Provider D. General Compliance with Laws and Wage Rates: CONSULTANT shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.

E. Compliance with the Copland “Anti-Kickback” Act (18 USC 874): CONSULTANT is prohibited from inducing, by any means, any person involved in the construction, completion, or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled (all suspected or reported violations shall be reported to the City).

F. Consultant’s Endorsement: The responsible CONSULTANT shall sign plans, specifications, and estimates and engineering data furnished by him/her and where appropriate, indicate his/her California engineering registration number.

G. Clean Air and Water: Applicable to Contracts in Excess of $100,000.

1. Definition. “Facility” means an building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by the Consultant or and subconsultant, used in the performance of the Contract or any subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the United States Environmental Protection Agency (EPA) determines that independent facilities are collocated in one geographical area.

2. In compliance with regulations issued by the EPA, 2 C.F.R, part 1532, pursuant to the Clean Air Act, as amended (42 U.S.C. §. 7401 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738, the Consultant agrees to:
a) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to 2 C.F.R. part 1532 for the duration of time that the facility remains on the list; b) Promptly notify the Owner if a facility the Consultant intends to use in the performance of this contract is on the EPA List of Violating Facilities of the Consultant knows that it has been recommended to be placed on the List; c) Comply with all requirements of the Clean Air Act and the Federal Water Pollution Control Act, including the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act, and all applicable clean air and clean water standards.

H. Equal Employment Opportunity:

The Consultant shall be required to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

1. The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60, the following equal opportunity clause:

During the performance of this contract, the Consultant agrees as follows:
a) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Consultant agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause.
b) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
c) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Consultant’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.
e) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and pursuant to rules, regulations, and orders of the Secretary of Labor and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. g) The Consultant will include the portion of the sentence immediately preceding paragraph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Consultant becomes involved in or is threatened with litigation with or by a subconsultant or vendor as a result of such direction by the Secretary of Labor, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. h) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally-assisted construction work. Provided, however, that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the Contract.
i) The Recipient agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of consultants and subconsultants with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist in securing compliance. j) The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Consultant debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon consultants and subconsultants by the Secretary of Labor pursuant to Part II, Subpart D of the Executive order.

2. Exemptions to Above Equal Opportunity Clause (41 C.F.R. chapter 60):
a) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption.
b) Except in the case of subconsultants for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier.
c) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt.

I. Monthly Reporting: The Contractor/Consultant shall submit a report on a monthly basis to the City covering the general progress of the job and describing any problems or factors being experienced.

J. Federal Non-Discrimination Statutes:

The Service Provider must comply with all Federal statutes relating to non-discrimination.

These include but are not limited to:

1. Title VI of the Civil Rights Act of 1964 (P.L.88-352) which prohibits discrimination on the basis of race, color, or national origin;

2. Section 112 of PL 92-45 and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex;

3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794) which prohibits discrimination on the basis of handicaps;

4. The Age Discrimination Act of 1975, as amended (42 U.S.C.6101-6107) which prohibits discrimination because of age;

5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse;

6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L.91-616), as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism;

7. Sections 523 and 527 of the Public Health Service Act of 1912 (42U.S.C. 290 dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et. seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing;

9. Any other non-discrimination provisions in the specific statute(s) under which the application for Federal assistance is being made; and

10. The requirements of any other non-discrimination statute(s) which may apply.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF TULARE: CONSULTANT:
___________________________ ___________________________ City Manager
Attest:
___________________________
City Clerk
Approved as to Form:
___________________________
City Attorney
Attachments:

Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees
Exhibit “C”: Progress Payment Schedule
Exhibit “A” Scope of Work

Ni 1VI
productions

COUNCIL CHAMBERS
SCOPE
Labor pricing includes NTM tech staff attending first council meeting with new system.

AUDIO/ CONTROL
IMAGE
.....

II
�
410iiili
;,
-

QTY DESCRIPTION
1 QSC CORE ll0f Unified Core with 24 local audio 1/0 channels, 128x128 total network 1/0 channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VoIP telephony, 16x16 GPIO, 16 next-generation AEC processors, lRU.
1 QSC SLQSE-ll0-P Q-SYS Core ll0 Scripting Engine Software License, Perpetual. 1 QSC SLQUD-ll0-P Q-SYS Core ll0 UCI Deployment Software License, Perpetual. 1 2
1 QSC MD-ll0 Media Drive Kit for Core ll0f ONLY - Provides a minimum of 200 hours of audio storage (WAV, MP3 or FLAC).

QSC TSC-101-G3 Q-SYS 10.1" PoE Touch Screen Controller for In-Wall Mounting. Color - Black only
QSC SLDAN-32-P Q-SYS Software-based Dante 32x32 Channel License, Perpetual.

QSC TSC-710t-G3 Table top mounting accessory for TSC-70-G3 and TSC-101-G3.

QSC 1/0 FRAME Kit 1/0 Frame with four card slots, 16x16 network 1/0 channels, dual 1 LAN ports for network redundancy, and 8 configurable GPIO, lRU. Rear plates (RPl Kit) are included.
4 1
QSC CIML4 Four channels of microphone / line-level analog audio input with 48V phantom power.

QSC CX-Q 4K4 4-Channel l000W/CH Q-SYS Network Amplifier, Lo-Z, 70V, 100V direct drive, FlexAmp™, Mic/line Inputs, 100-240V.
1 West Penn Wire 25226BBL0S00 lP 14G STRD UNSHLD PLENII QSC NS26-1440++ 26-port network switch preconfigured for Q-SYS Audio, Video and .. 1 Control with 24x PoE++ ports and 1440 Watts PoE budget. Features advanced QoS and IGMP configuration to also support AES67 and Dante within the same VLAN.

Equipment prices include any required accessories. Labor prices include design. engineering, installation and
programming.
2of 14
Confidential Proposal
NOTES
14ga Speaker Cable
Version 1.0 October 23, 2022
Exhibit “B”: Project Fees

Project Costs and Schedule of Values
Payment 1: 50% equipment down payment - $116,875.07
Payment 2: Remainder 50% of equipment when items arrive at NTM warehouse - $116,875.08 Payment 3: Labor due upon completion and sign off of project - $41,350.00 Total Equipment Cost = $233,750.15
Total Labor Cost = $41,350.00
Total Cost of Project = $275,100.15
Exhibit “C” Progress Payment Schedule

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a Resolution of Necessity for APN 164-130-005 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property owned by Jesus Ramirez for the upgrade of the intersection of Prosperity Avenue and West Street by the City (the “Project”).

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

The City desires to acquire portions of properties, including the subject property identified in the attached resolution, for the construction of a new intersection at Prosperity Avenue and West Street. The City desires to acquire a portion of the Property to expand the current intersection and install new traffic signals.

STAFF RECOMMENDATION:

AGENDA ITEM: Public Hearing 13.1
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: October 25, 2022 City Manager Approval: ____________ RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

APPROVING THE ACQUISITION OF AN INTEREST IN PROPERTY FOR THE

PROSPERITY AVENUE & WEST STREET INTERSECTION IMPROVEMENTS

PROJECT
WHEREAS, the City Council of the City of Tulare has adopted a project for the installation of a new intersection at Prosperity Avenue and West Street including a new traffic signal to address increased traffic volume at this location and master-planned utilities (water, sewer, and storm drain) to minimize/prevent the need to tear up the newly constructed pavement as development occurs (collectively the “Project”); and WHEREAS, the City intends to carry out and make effective the principal purpose pursuant to Code of Civil Procedure §1240.120(a), and in connection with the Project, acquire interest in certain real property more specifically described in Exhibit A to this resolution. The stated public use is a function of the City; and WHEREAS, the City is authorized to acquire the interests in the property described in Exhibit A herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure §1230.010 et. seq. and pursuant to California Government Code §37350.5 and §38730 and Code of Civil Procedure §1240.125; and
WHEREAS, the interest in the property to be acquired consists of fee simple.

The property to be acquired is described and shown in Exhibit A, attached hereto and incorporated herein by reference, together a map thereof; and WHEREAS, on October 13, 2022, there was mailed a “Notice of Intent” regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain (“Notice of Intent”) of the interest in the real property described in Exhibit A herein, which Notice of Intent is attached hereto as Exhibit B and is incorporated herein by this reference.

Said Notice of Intent was mailed to all persons whose names appear on the last equalized County Assessment Roll. Said Notice of Intent advised said persons of their right to be heard on the matter referred to therein on the date and at the time and place stated therein; and
WHEREAS, the hearing set out in said Notice of Intent was held on November 1, 2022, at the time and place stated herein, and all interested parties were given an opportunity to be heard following which the hearing was closed.

NOW, THEREFORE, based upon the evidence presented, the City Council of the City of Tulare, by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES each of the following:

Section 1. The public interest and necessity require the Project.

Resolution 2022-XX

Page 2 ends

Section 2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

Section 3. The property described herein Exhibit A is necessary for the Project.

Section 4. The offer required by §7267.2(a) of the Government Code, together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code §7267.2(a).

Section 5. All conditions and statutory requirements necessary to exercise the power of eminent domain (“the right to take”) to acquire the interest in the property described herein have been complied with by the City.

Section 6. The City Attorney is hereby AUTHORIZED and EMPOWERED:
a. To acquire in the name of the City, by condemnation, the interest in the property described in Exhibit A, attached hereto and incorporated herein by this reference, in accordance with the provisions of the California Eminent Domain Law and the Constitution of California.
b. To acquire the property in fee simple absolute unless a lesser estate is described in Exhibit A herein.
c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of the City such proceedings in the proper court as are necessary for such acquisition. d. To deposit the probable amount of compensation, based on an appraisal, and if needed to apply to said court for an order permitting the City to take immediate possession and use of said property for said public uses and purposes.

PASSED, APPROVED, AND ADOPTED on November 1, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
Resolution 2022-XX

Page 3 ends

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify that the foregoing Resolution 2022-XX was duly and regularly adopted by the City Council of the City of Tulare, California, at a meeting held on November 1, 2022, by the following vote:

AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: November XX, 2022

By Melissa Hermann, Chief Deputy City Clerk
L:\Projects\2019\190384\ACAD\Legals\190384-ROW-Legal 005

Page 1 of 1 ends

ǆŚŝďŝƚ͟͞
Right of Way Acquisition
All that real property located in the City of Tulare, County of Tulare, State of California, described as follows:

The South 14.50 feet of Parcel 4 of Parcel Map 1706, per map recorded in Book 18 of Parcel Maps, at Page 7, Tulare County Records, situated in the Southwest quarter of Section 34, Township 19 South, Range 24 East, Mount Diablo Base and Meridian.

Containing 1,675 square feet, more or less.

See Exhibit B, Plat to Accompany Description, attached hereto and made a part hereof.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: November 1, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a Resolution of Necessity for APN 164-130-006 (the “Property”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property owned by Guillermo Hernandez Rubio, Jennifer Hernandez, and Maria Gonzalez for the upgrade of the intersection of Prosperity Avenue and West Street by the City (the “Project”).

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

STAFF RECOMMENDATION:

AGENDA ITEM: Public Hearing 13.2
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: October 25, 2022 City Manager Approval: ____________ RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

APPROVING THE ACQUISITION OF AN INTEREST IN PROPERTY FOR THE

PROSPERITY AVENUE & WEST STREET INTERSECTION IMPROVEMENTS

Section 1. The public interest and necessity require the Project.

Resolution 2022-XX

Page 2 ends

Section 2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

Section 3. The property described herein Exhibit A is necessary for the Project.

PASSED, APPROVED, AND ADOPTED on November 1, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
Resolution 2022-XX

Page 3 ends

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: November XX, 2022

By Melissa Hermann, Chief Deputy City Clerk
L:\Projects\2019\190384\ACAD\Legals\190384-ROW-Legal 006

Page 1 of 1 ends

Exhibit “A”
Right of Way Acquisition
All that real property located in the City of Tulare, County of Tulare, State of California, described as follows:

The South 26.50 feet of Parcel 1 of Parcel Map 746, per map recorded in Book 8 of Parcel Maps at Page 46, Tulare County Records, situated in the Southwest quarter of Section 34, Township 19 South, Range 24 East, Mount Diablo Base and Meridian.

Containing 6,559 square feet, more or less.

See Exhibit B, Plat to Accompany Description, attached hereto and made a part hereof.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community & Economic Development For Council Meeting of: November 1, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Review the existing siting criteria, including distance requirements, for approving a conditional use permit to establish the operation of a vendor stand or stationary mobile food vendor vehicle/trailer in the City of Tulare, pursuant to Tulare Municipal Code Chapter 10.180; and provide direction to staff thereto.

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

The following is a summary of the existing regulations and requirements from the City of Tulare Municipal Code for the establishment of sidewalk vendor stands and stationary mobile food vendors in the City of Tulare. A summary of the specific regulations for stationary sidewalk vendors and stationary mobile vendors is included below. The full list of regulations and requirements are included in the attached copy of the existing ordinance, Chapter 10.180 of the Tulare Municipal Code.
§ 10.180.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors.

Overnight parking of mobile vending vehicles on a public street, alley, or private property that does not meet the definition of a commissary in accordance with the California Retail Food Code (Cal. Code) is prohibited. Hours of operation for all stationary vendor stands or stationary mobile vending shall be limited to the hours of operation of the business located on the property from which they operate. (C) Vending shall not be allowed on any required parking spaces or private driveways.

AGENDA ITEM: General Business 14.1
(D) Vendors shall not remove, destroy or interfere with any required on-site landscaping.
(E) Vending may only occur on paved surfaces.
(F) For stationary mobile vendors, restroom facilities with running water and which are connected to the city's wastewater system shall be readily available during hours of operation.
(G) Stationary mobile vendors shall maintain 500 feet of separation between businesses possessing an on-sale ABC license.
(H) Stationary mobile vendors shall maintain 300 feet of separation between an adjacent stationary mobile vendor.

The specific request to place this item on the agenda included the desire to review and consider modifying the separation standards for these vendors from businesses with on-sale ABC licenses and other vendors. From staff’s perspective here are some potential options and likely consequences for considering such modifications. • Status Quo = The distance requirements allow for mitigating some of the aforementioned issues related to health, safety, and general welfare. However, they do restrict some locations from being able to accommodate both vendor stands and stationary mobile food vendors, as well as establishments with on-site ABC licenses. It also promotes a first-come, first-serve process for locating these vendors. When one has been approved for a location, another subsequent vendor must be at least 300 feet away.
• Revise to eliminate or reduce the spacing requirements = Removing the current requirements could potentially lead to increased calls for police service at locations next to bars, nightclubs, or restaurants that sell alcohol for consumption on-site. In addition, reduction or elimination of the spacing requirements between vendors could lead to areas with a concentration of vendors and potential increases in complaints about lack of parking or pedestrians running across busy streets. In addition, this option may lead to more complaints from “brick and mortar” restaurants where there may be an abundance of outdoor stationary mobile food vendors and/or vendor stands. • Allow location of food vendors on the same property or within 500 feet of an establishment with an ABC license for consumption on-site, but require the hiring of a licensed security company to oversee the location = This would allow more locations that would be available for vendors to locate at, while hopefully mitigating the aforementioned potential issues related to drunken or disorderly conduct. • Promote food truck lots = The city could promote, and perhaps lead the way on a cityowned parcel, food truck lots or locations that have permanent restroom facilities, adequate parking, and tables where various food trucks could sell food, while patrons congregate to eat and perhaps enjoy other coordinated entertainment, such as lawn games, music, or movie nights. This could be an option for food trucks unable to find a permanent location due to a combination of the spacing requirements if they were to remain in place.

STAFF RECOMMENDATION:

Staff is presenting this as an informational item for City Council consideration, and for direction to staff on any requested changes to the existing ordinance regarding permitting requirements and siting criteria for sidewalk vendors and stationary mobile food vendors.

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 Anaya Title: City Planner
Date: October 25, 2022 City Manager Approval: ____________ CHAPTER 10.180: SIDEWALK VENDING AND STATIONARY

MOBILE VENDORS
Section

10.180.010 Purposes.

10.180.020 Definitions.

10.180.030 Permit required.

10.180.040 Vending on private property.

10.180.050 Sidewalk vending requirements.

10.180.060 Specific requirements for roaming sidewalk vendors.

10.180.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors

10.180.080 Permit process.

10.180.090 Special limitations.

10.180.100 Insurance or bond requirements.

10.180.110 Permit revocation.

10.180.120 Appeal process.

10.180.130 Term.

10.180.140 Enforcement.

10.180.150 Penalty.

10.180.160 Severance clause.
§ 10.180.010 Purposes.

The primary purpose of this chapter is to apply reasonable standards for the outside sale of food and merchandise and to protect pedestrian and vehicle circulation. In addition, standards based on the health, safety, and welfare of the general public are significant issues to be addressed in the issuance of a vending permit. Access to and use of the public sidewalks for vending and selling of merchandise, which does not unduly interfere with the pedestrian traffic, promotes the public interest by contributing to an attractive pedestrian environment and increased sales activities within the City of Tulare. Nothing in this chapter shall prevent the lawful operation of itinerant vending when associated with special civic events such as the County Fair and downtown events such as a farmers market. (Ord. 19-07, passed 11-19-2019)
§ 10.180.020 Definitions.

For purposes of this chapter, the following words and phrases shall have the meaning as set forth herein below:

CITY BUSINESS LICENSE. Means a business license as is required by Tulare Municipal Code Chapter 5.04.070. Sidewalk vendors are required to obtain both a business license and a sidewalk vendor permit to operate.

PERMITTED SPECIAL EVENT. An event, whether annual or one-time, that has an approved special event permit issued by the office of the City Clerk, or granted approval by the Director of Community Services or Director of Community and Economic Development. Such events can include, but are not limited to downtown civic events, and events held at the Tulare County Fairgrounds, or International Agri-Center.

PRIVATE SIDEWALKS or PRIVATE YARDS. Refers to private property suitable for stationary vending stands which is not encumbered by parking spaces, driveways, vehicular pathways, landscape areas and building sites.

PUBLIC SIDEWALK. Shall mean area or properties owned or held by the City of Tulare that are open to the general public for pedestrian travel.

ROAMING SIDEWALK VENDOR. Means a sidewalk vendor who moves from place to place and stops only to complete a transaction. A roaming sidewalk vendor does not include a peddler or solicitor that makes uninvited entry onto private property for the purpose of selling goods or services or requesting/collecting donations.

SIDEWALK VENDOR. Means a person who sells food or merchandise from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. As described in this chapter, sidewalk vendors can be classified as roaming vendors or stationary vendors.

SIDEWALK VENDOR PERMIT. Means the permit issued by the City of Tulare under this chapter and required for a sidewalk vendor to operate within the city limits. This type of permit is not the same permit required for door-to-door peddlers/solicitors that are permitted/licensed under separate provisions of the Tulare Municipal Code, nor the same type of permit for stationary mobile vendors, which require a conditional use permit. Sidewalk vendors are required to obtain both a City of Tulare business license and a sidewalk vendor permit to operate. For stationary sidewalk vendors the permit shall describe the specific site location used by the stationary sidewalk vendor, what the stationary sidewalk vendor will be placing in the public right-of-way, the area the stationary sidewalk vendor is required to keep free from debris and trash, and an acknowledgment by the stationary sidewalk vendor that they are subject to closure if the city requires the use of the space for a municipal purpose.

SPECIAL EVENT. Means a parade, march, procession, pageant, review, ceremony, festival, assembly, or exhibition consisting of persons, animals, or vehicles, or a combination thereof which is conducted in, or would impact, any portion of any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city that required or involved the issuance of a permit for such usage by the city.

STATIONARY CART/VENDOR STAND. Means equipment used for vending which has no motorized wheels and is not otherwise mobile once it has been transported and is set in a location for vending. This includes any table, bench, rack, hand cart, or push cart. The term stationary does not include trailers that are pulled by a motorized vehicle and licensed by the Department of Motor Vehicles; this type of equipment shall be considered a stationary mobile vendor.

STATIONARY MOBILE VENDOR. As used in this chapter means soliciting, displaying, or offering produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries of any kind for sale or barter or exchange from a mobile vending vehicle on private property within the City of Tulare and includes the standing of a mobile vending vehicle or trailer for the purpose of obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, prepackaged food or nonfood sundries, including but not limited to goods, wares, or merchandise.

STATIONARY SIDEWALK VENDOR. Means a sidewalk vendor who vends from a fixed location. This does not include restaurants or businesses at fixed locations that, pursuant to applicable rules and regulations for food safety and right-of-way encroachment, set up temporary outdoor sales at their locations.

VENDOR. Shall mean an individual, including any employee or agent of a group of individuals, partnership, non-profit organization, or corporation, who sells or offers to sell food, beverages, goods or merchandise from a stationary vendor stand on any public sidewalk or private sidewalk open to the public.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.030 Permit required.

It shall be unlawful, and no vendor shall offer for sale, or sell from any stationary vendor stand located on a public sidewalk, park, or private sidewalk/yard open to public use, or from their person if they are a roaming sidewalk vendor, any merchandise, food or beverage without first obtaining a sidewalk vendor stand permit in addition to a city business license, and in the case of a stationary mobile vendor, a conditional use permit. If a vendor intends to sell food, the vendor must obtain all applicable licenses required to safely sell and serve food as required by state and local law.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.040 Vending on private property.

Vending on private sidewalks or yards shall be permitted, subject to the limitations of this chapter and subject to the submittal to the Community and Economic Development Department of written authorization by the property owner. Vending shall not be allowed on any required parking spaces or required landscaping and may not interfere with the safe movement of pedestrians and motor vehicles.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.050 Sidewalk vending requirements.

The following requirements apply to both stationary and roaming sidewalk vendors:
(A) Sidewalk vending is prohibited within 1,000 feet from any special event that is operating pursuant to a permit issued by the City of Tulare. This prohibition shall only be in effect during the duration of the special event permit and does not apply to sidewalk vendors that are selling food or merchandise with the permission of the special event applicant and are specified as part of the special event permit. The special event applicant must provide the city with the locations of the stationary sidewalk vendors and the routes of roaming sidewalk vendors that will be permitted by the special event applicant prior to the issuance of a special event permit.

Roaming sidewalk vendors during special events must carry a copy of the permission from the special event applicant with them at all times during the special event. (B) Sidewalk vending is prohibited within 1,000 feet from the exterior boundary of any property used or occupied by any high school, middle school, or elementary school for the period of one hour before the school is in session, while the school is in session, and one hour after the school day ends. This provision does not apply if the vendor is present at the invitation of the school.
(C) Sidewalk vending on trails or parkways that are operated by the City of Tulare for pedestrian/bicycle usage is prohibited in order to ensure the public's use and enjoyment of the natural resources and recreational opportunities provided by these trails. In addition, prohibiting sidewalk vending on these trails would ensure that the health, safety, and welfare of the general public using the trails is not compromised due to obstruction and interference of sidewalk vendors with walking, jogging, and cycling activities on these active use trails. (D) Recognizing that many nonprofit recreational leagues operate concession stands as primary fundraising for such leagues, which provide recreational opportunities to the public, sidewalk vendors, roaming or stationary, are prohibited within 1,000 feet of any events put on by nonprofit recreational leagues that are operating concession stands as fundraising sources. (E) Sidewalk vendors must, at all times during operations on a public sidewalk or pedestrian path, maintain a minimum width of five feet of unobstructed sidewalk for pedestrian traffic and must also meet all other requirements for pedestrian travel that are required pursuant to the Americans with Disabilities Act or other access standards for persons with disabilities. In places where the sidewalk is less than five feet wide, sidewalk vending stands shall be not less than four consecutive feet of sidewalk width to every point from said stationary vendor stand which is clear and unimpeded for pedestrian traffic. Sidewalk vendors may not be located within five feet of any pedestrian ramps, driveways, and trash cans within the public right-ofway, drinking fountains, push buttons for traffic signals, or other right-of-way element that requires pedestrian access. If lines of customers block or interfere with any pedestrian ramps, driveways, trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, bus stops, or other right-of-way element that requires pedestrian access, then the sidewalk vendor must relocate to another sidewalk location to avoid such interference. This rule is to provide adequate space for disability access within the public right-of-way. This rule shall not apply to roaming sidewalk vendors making a sale to a bona fide purchaser during the allotted time period, although the vendor shall make all reasonable efforts to comply with requests from pedestrians to move out of the way as soon as possible and not obstruct the sidewalk. Failure by a sidewalk vendor to move or cease business when they are not providing the minimum width of unobstructed sidewalk for pedestrian traffic shall be deemed a violation of this chapter. In areas where the street contains striped diagonal or vertical parking stalls (not including spaces that are parallel with a sidewalk), sidewalk vendors must maintain a minimum width of five feet of unobstructed sidewalk from the curb to allow for persons or passengers exiting or entering the vehicles parked in such stalls sufficient space for directly accessing the sidewalk from the vehicle and not be required to travel in the street to reach the sidewalk. (F) Sidewalk vending is prohibited within ten feet from entrances of businesses and bus stops to prevent obstructing access and to allow pedestrians adequate space in the public right-ofway to reach destinations. (G) The City Council may, by resolution adopted during a public meeting, prohibit sidewalk vending in specific areas within the city limits upon a finding that sidewalk vending should be prohibited in such area due to health, safety, or welfare concerns. Such findings may include, but are not limited to, situations involving areas with both substantial vehicle traffic and substantial pedestrian traffic in locations presenting risks of pedestrians improperly crossing streets or entering the street when sidewalks are blocked. If any such resolutions are adopted, then the locations of prohibited vending shall be indicated and provided to sidewalk vendor permit applicants.
(H) Sidewalk vendors must maintain sanitary conditions and carry a trash container so customers can deposit waste from sold merchandise or wrappers. (I) Hours of sidewalk vending shall be the same as other businesses that are operating in the vending area. For sidewalk vendors operating in a park, then the hours shall be the same hours of operation as the park.
(J) Sidewalk vendors are prohibited from operating within streets, medians, crosswalks (although roaming vendors may cross in such areas as other pedestrians) or other areas that are marked closed to pedestrian traffic.
(K) If any type of food or beverage is displayed and/or sold from a stationary vendor stand, the vendor shall have and prominently display any and all valid permits required by the Tulare County Health Department. The revision or expiration of any such required County Health Department permit, or the failure to obtain such a permit within 90 days of the date on which the county commences issuing such permits, shall result in the automatic suspension of the sidewalk vendor permit or use permit issued by the city pursuant to this chapter; in addition, the approved permit must be readily available for inspection by law enforcement or code enforcement officials.
(L) The sidewalk vendor permit issued by the city shall be prominently affixed to the side of the stationary vendor stand which faces inward toward the sidewalk. (M) No vendor shall use any signs in connection with the sale, display or offering for sale of items, except for those signs which are affixed to or painted on the sides or canopy of the stationary vendor stand and one sandwich sign, located on private property, not exceeding four square feet per sign face.
(N) No vendor shall use any noise making device in connection with the sale, display or offering for sale of items.
(O) Sidewalk vendors are subject to all other applicable rules, regulations, and ordinances. (Ord. 19-07, passed 11-19-2019)
§ 10.180.060 Specific requirements for roaming sidewalk vendors.

In addition to the rules applicable to all sidewalk vendors, the following rules shall specifically apply to roaming sidewalk vendors:
(A) Roaming sidewalk vendors shall remain mobile and may not stand or park at any specific location or place for more than ten minutes, unless the vendor is otherwise stopped as necessary to complete a transaction(s) at the request of a bona fide purchaser(s) that approached the roaming vendor while stopped.
(B) Roaming sidewalk vendors are not permitted to knock on doors of homes or businesses to vend under a sidewalk vendor permit. Such attempts at peddling or soliciting shall be considered door-to-door sales and require a separate type of permit under the Tulare Municipal Code § 5.24.
(C) Sidewalk vendor permits issued by the City of Tulare only allow for vending on publicly owned right-of-ways, as limited by this chapter. Roaming sidewalk vendors are not permitted on private property without the permission of the property owner and must meet all underlying zoning requirements to operate on private property.
(D) Roaming sidewalk vendors are permitted in areas zoned exclusively for residential use, but hours of operations are limited to between the hours of 9:00 a.m. and one hour prior to sunset or 7:00 p.m., whichever is earlier.
(E) In order to ensure the health, safety, and welfare of pedestrians, mobile carts used by roaming sidewalk vendors are not permitted to be utilized as a cook top for food preparation when the food being prepared requires the cooking or heating of food in order for it to be consumed.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors.

In addition to the rules applicable to all sidewalk vendors in §1 0.180.050, the following rules shall specifically apply to stationary sidewalk vendors and stationary mobile vendors:
(A) All stationary vendor stands and stationary mobile vending units shall have refuse receptacles large enough to contain all refuse generated by the operation. The operator shall pick up all refuse generated by such operation within a 50-foot radius at the close of the day's operation and all refuse shall be disposed of at an approved solid waste facility. (B) No vehicle or stationary vendor stand used for stationary sidewalk vending or stationary mobile vending shall remain on public property during non-operating hours. Overnight parking of mobile vending vehicles on a public street, alley, or private property that does not meet the definition of a commissary in accordance with the California Retail Food Code (Cal. Code) is prohibited. Hours of operation for all stationary vendor stands or stationary mobile vending shall be limited to the hours of operation of the business located on the property from which they operate.
(C) Vending shall not be allowed on any required parking spaces or private driveways. (D) Vendors shall not remove, destroy or interfere with any required on-site landscaping. (E) Vending may only occur on paved surfaces.
(F) For stationary mobile vendors, restroom facilities with running water and which are connected to the city's wastewater system shall be readily available during hours of operation. (G) Stationary mobile vendors shall maintain 500 feet of separation between businesses possessing an on-sale ABC license.
(H) Stationary mobile vendors shall maintain 300 feet of separation between an adjacent stationary mobile vendor.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.080 Permit process.
(A) Stationary sidewalk vendors. Applicants for a sidewalk vendor permit shall submit a written application to the Community and Economic Development Director on a city form. The application shall be accompanied by a fee, based on the costs of the application and set by the City Council in resolution. All sidewalk vendor applicants must submit the sidewalk vendor permit application, copies of insurance certificates, listing the City of Tulare as additional insured that meet the same insurance requirements for encroachment permits to operate within the City of Tulare public right-of-way. The vendor encroachment permit is part of the vendor permit issued to sidewalk vendors and is not a separate permit, and shall include a proposed site plan showing the planned location and what will be utilized by the stationary vendor in the public right-of-way as the stationary cart/stand. The city may reject stationary vendor site plans that do not allow adequate space for pedestrian access. Stationary sidewalk vendors must acknowledge that they are not permitted to permanently install anything within the public right-of-way and that they do not have permanent rights to utilize public property and are subject to temporary or permanent closure if the city requires the use of the right-of-way for a municipal purpose, which includes but is not limited to usage of the space by persons holding valid rights under franchises, or if another permitted use, other than another sidewalk vendor, requires the space on a temporary basis. Any stationary vendor seeking to utilize park property will also be subject to review by the Parks and Recreation Director, or that person's designee. Vendor permit applications on park property are subject to denial if the proposed location would interfere with the public's use and enjoyment of natural resources or recreational opportunities, such as blocking equipment, sports fields, or walkways. Vendor permit applications on park property may also be denied if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users. The Community and Economic Development Director, or his or her designee and the City Engineer, or his or her designee, shall review the application and the proposed site plan prior to issuance and may require modifications of specific site proposals to meet objective health, safety, or public welfare concerns. A permit shall be granted if it is determined that: the proposed display and sale and proposed location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk. (B) Stationary mobile vending. Where a person desires to have a stationary mobile vending unit, the applicant shall obtain a conditional use permit pursuant to Tulare Municipal Code Chapter 10.116.
(C) Roaming sidewalk vendor. In addition to the permit process applicable to stationary sidewalk vendors in §10.180.080(A), applicants intending to be roaming sidewalk vendors shall include the proposed areas of the city that the vendor intends to operate within. Roaming sidewalk vendors are not permitted on private property without the written permission of the property owner. Roaming vendors seeking to utilize park property will also be subject to review by the Parks and Recreation Director or that person's designee, and vending in certain parks or park locations may be denied or restricted, including limiting the total number of roaming vendors allowed in a specific park, if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users. (Ord. 19-07, passed 11-19-2019)
§ 10.180.090 Special limitations.

Sidewalk vendor permits are an interruptible or terminable privilege. The city shall have the right and power, through the City Manager or his or her designee, to prohibit the operation of a stationary vendor stand at any time because of anticipated or actual problems or conflicts in the use of a public area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.

No sidewalk vendor permits shall be issued for any location: 1) owned by the city other than the pedestrian right-of-way; or 2) the area east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue due to an increased and significant risk of pedestrian and vehicular traffic conflicts in order to preserve public health, safety and welfare.

This shall not apply to any city-approved events in these areas or to businesses which have obtained a permit under Title 10, Chapter 184.
(Ord. 19-07, passed 11-19-2019; Ord. 2022-05, passed 4-27-2022) § 10.180.100 Insurance or bond requirements.

No permit shall be issued unless the applicant furnishes proof to the city of a public liability bond or insurance policy in an amount not less than $1,000,000 for property damages and injury, including injury resulting in death, caused by the operation of the vending business.

Said insurance bond shall name the City of Tulare, its employees, officers, and agents as additional insureds.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.110 Permit revocation.

A sidewalk vendor permit may be revoked by the City Council, following written notice to the permittee, if one or more of the conditions of the permit or of this chapter have been violated or if the stationary sidewalk vendor stand is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movements of pedestrians. Following revocation, the former permit holder shall not be eligible to file for a new permit application for a period of six months.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.120 Appeal process.

An applicant or any other interested party may appeal the granting, denial, or revocation of a permit application. Such an appeal may be made, in writing, within ten days of the decision and shall be filled with the City Council. The Council shall hold a public hearing on any such appeal.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.130 Term.

A sidewalk vendor permit is valid for a period of one year from the date of issuance and must be renewed every year. Where a conditional use permit is issued, such permit may be time limited to require renewal.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.140 Enforcement.

The Community and Economic Development Director, or his or her designee, or any other person authorized by the City Manager, shall be authorized to enforce the provisions of this chapter and to take such actions as may be necessary to ensure compliance with the regulations, general provisions and conditions opposed upon any permit issued pursuant to this chapter.
(Ord. 19-07, passed 11-19-2019)
§ 10.180.150 Penalty.

Violations of this chapter are not punishable as an infraction or misdemeanor and persons alleged to violate this chapter shall not be subject to arrest. This section does not prevent code enforcement personnel from taking immediate action, such as seizing items, to abate unsafe and dangerous conditions to the public, which include but are not limited to vendors selling food without proper licensing, and subject to enforcement pursuant to § 1.61.030 (Administrative Citation).
(Ord. 19-07, passed 11-19-2019)
§ 10.180.160 Severance clause.

The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stay and notwithstanding the validity of any part. (Ord. 19-07, passed 11-19-2019)

Tulare City CouncilNovember 1, 2022

Tulare City Council
November 1, 2022