The Fulton Estates Project introduces goods and services along with housing and jobs in an area of east Tulare thus providing closer access rather than traveling to other areas in Tulare. The retail center will introduce goods and services in close proximity to not only the 188 single family homes in the Project plus an additional 150 single family homes within ½ mile of the retail center (north and west). The establishment of these goods and services in close proximity of these existing homes will assist in reducing their current vehicle miles traveled and will result in an overall reduction of vehicle miles travelled in the region.
Additional benefit will be accrued through the integration of pedestrian facilities between subdivisions, thus substituting pedestrian activity in lieu of vehicle trips. • Incorporate affordable housing into the project.
While the residential units shown in Fulton Estates East will be market-based housing, the addition of housing in general is a positive benefit to the community and the region. • Incorporate regional electric vehicle network.
Install electric vehicle charging station in the Fulton Estates retail area. This will encourage the purchase and operation of EV’s and support the reduction of carbon and mobile source emissions. This is supportive of the State of California climate change goals and State Law. • Locate the project near transit.
The Fulton Estates Project is located nearby the Route 7 providing transit service to the Project. This access will promote use of transit as an alternative to the automobile and would result in a reduction of vehicle miles traveled. Applying recent Census Data showing transit C
Traffic Evaluation and Vehicle Miles Traveled Assessment for the Fulton Estates Project
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24 | P a g e
usage is approximately 1% of the total travel to the Project’s daily trip profile, results in approximately 44 trips being made on transit. This represents approximately 24% of the trips needed to reduce the Project’s vehicle miles traveled to a level less than the target threshold. • Improve pedestrian or bicycle networks
The Fulton Estates Project will extend the pedestrian facilities along Tulare Avenue (SR 137) and along Oakmore Street. These pedestrian facilities will provide access to the retail center and will encourage the reduction of vehicle trips to and from the retail uses. Thus, yielding the desired shifting of person trips to alternative transportation modes. • Provide bicycle parking.
Install bike racks at retail center which will support the use of biking in lieu of vehicle trips. • Increase project density.
While not proposed at this time, the Fulton Estates Project would be willing and capable of increasing density of its retail or residential components. Limitations may exist within the City of Tulare General Plan and Zoning Ordinances that would prohibit these density increases.
• Increase the mix of uses within the project or within the project’s surroundings.
The Fulton Estates Project when reviewed as a whole is a mixed-use project yielding substantial trip reduction savings through the integration of residential and retail in close proximity.
It is the developer’s vision that the implementation and integration of these mitigation measures will fully meet the intent of the State’s legislation for reducing vehicle miles traveled and will quantitatively reduce the Project’s overall vehicle miles traveled to reach the desired threshold as defined in that legislation.
C
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Appendix A
Existing Conditions
Level of Service Calculations
C
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Tulare, California
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TWO-WAY STOP CONTROL SUMMARY
General Information Site Information
Analvst cc Intersection SR137 at Oakmore
11.oency/Co. Citv of Tulare Jurisdiction Ca/trans
Date Performed 5/24/2022 11.nalysis Year ~022
Analysis Time Period Existina AM Peak Hour
Proiect Descriotion Fulton Estates Project
East/West Street: SR 137 North/South Street: Oakmore
Intersection Orientation: East-West Study Period hrs : 0.25 !Vehicle Volumes and Adjustments
Major Street Eastbound Westbound
Movement 1 2 3 4 5 6
L T R L T R
~olume (veh/h) 3 362 204 36 455 0
Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR
veh/hl 3 362 204 36 455 0
Percent Heavy Vehicles 5 - - 5 - - Median Type Undivided RT Channelized 0 0
Lanes 0 1 0 0 1 0
Confiouration LTR LTR
Upstream Siona! 0 0
Minor Street Northbound Southbound
Movement 7 8 9 10 11 12
L T R L T R
Volume (veh/h) 69 2 15 1 3 11
Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR
veh/h) 69 2 15 1 3 11
Percent Heavy Vehicles 1 1 1 1 1 1
Percent Grade (%) 0 0
Flared Approach N N
Storage 0 0
RT Channelized 0 0
Lanes 0 1 0 0 1 0
Configuration LTR LTR
Delav, Queue Lenath, and Level of Service
Approach Eastbound Westbound Northbound Southbound
Movement 1 4 7 8 9 10 11 12
Lane Configuration LTR LTR LTR LTR
v (veh/h) 3 36 86 15
C (m) (veh/h) 1090 991 233 396
v/c 0.00 0.04 0.37 0.04
95% queue length 0.01 0.11 1.61 0.12
Control Delay (s/veh) 8.3 8.8 29.2 14.4
LOS A A D B
~pproach Delay (s/veh) -- -- 29.2 14.4
~pproach LOS -- - D B
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TWO-WAY STOP CONTROL SUMMARY
General Information Site Information
Analyst cc Intersection SR137 at Oakmore
Aqencv/Co. Citv of Tulare Jurisdiction Ca/trans
Date Performed o/2412022 Analysis Year 2022
Analysis Time Period Existina PM Peak Hour
Project Description Fulton Estates Proiect
East/West Street: SR 137 North/South Street: Oakmore
Intersection Orientation: East-West IStudv Period (hrs): 0.25 Vehicle Volumes and Adjustments
Maior Street Eastbound Westbound
Movement 1 2 3 4 5 6
L T R L T R
Volume (veh/h) 6 440 86 18 510 1
Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR
veh/h) 6 440 86 18 510 1
Percent Heavy Vehicles 5 - - 5 - - Median Type Undivided RT Channelized 0 0
Lanes 0 1 0 0 1 0
Configuration LTR LTR
Upstream Signal 0 0
Minor Street Northbound Southbound
Movement 7 8 9 10 11 12
L T R L T R
!Volume (veh/h) 95 1 12 0 1
Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR
veh/h) 95 1 12 0 1 11
Percent Heavy Vehicles 1 1 1 1 1 1
Percent Grade (%) 0 0
Flared Approach N N
Storage 0 0
RT Channelized 0 0
Lanes 0 1 0 0 1 0
Configuration LTR LTR
Delay, Queue Length, and Level of Service
Approach Eastbound Westbound Northbound Southbound
Movement 1 4 7 8 9 10 11 12
Lane Configuration LTR LTR LTR LTR
V (veh/h) 6 18 108 12
C (m) (veh/h) 1039 1026 213 496
v/c 0.01 0.02 0.51 0.02
95% queue length 0.02 0.05 2.58 0.07
Control Delay (s/veh) 8.5 8.6 38.1 12.4
LOS A A E B
~pproach Delay (s/veh) -- -- 38.1 12.4
Approach LOS -- -- E B
ell
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Appendix B
Existing Conditions
Peak Hour Traffic Signal Warrant
C
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Existing Conditions
Peak Hour Traffic Signal Warrant
Sum of both major approaches is 1061 and largest minor approach is 108 in the PM peak hour. For the AM peak hour, the sum of both major approaches is 1060 and largest minor approach is 86. Both the AM and PM peak hour volumes would satisfy Part B of Warrant 3 – Peak Hour Warrant. It should be noted that Figure 4C-4 was selected to reflect the 55mph speed limit for the Tulare Avenue traffic approaching the intersection.
Figure 4C-4. Warrant 3, Peak Hour (70% Factor)
(COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 40 MPH ON MAJOR STREET) 400
MINOR
STREET 300
HIGHERVOLUME
APPROACH - 200
VPH
100
>----+-----t-- 2 OR MORE LANES & 2 OR MORE LANES --+------4
I I I I
2 OR MORE LANES & 1 LANE
100'
75'
300 400 500 600 700 800 900 1000 1100 1200 1300
MAJOR STREET-TOTAL OF BOTH APPROACHESVEHICLES PER HOUR (VPH) 'Note: 100 vph applies as the lower threshold volume for a minor-street approach with two or more lanes and 75 vph applies as the lower threshold volume for a minor-street approach with one lane.
Traffic Evaluation and Vehicle Miles Traveled Assessment for the Fulton Estates Project
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Appendix C
Existing Plus Fulton Estates Project Conditions
Level of Service Calculations
C
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TWO-WAY STOP CONTROL SUMMARY
General Information Site Information
Analyst cc Intersection SR137 at Oakmore Agency/Co. City of Tulare 1urisdiction Ca/trans Date Performed 5124/2022 nalvsis Year 2022 Vv,alysis Time Period Existing + Project AM Peak
Hr
Proiect Descriotion Fulton Estates Project
East/West Street: SR 137 !North/South Street: Oakmore
Intersection Orientation: East-West Study Period (hrs): 0.25 ~ehicle Volumes and Adjustments
Major Street Eastbound Westbound
Movement 1 2 3 4 5 6
L T R L T R
Volume <veh/h) 3 367 229 40 455 0
Peak-Hour Factor PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR 3 367 229 40 455 0 veh/h)
Percent Heavy Vehicles 5 -- - 5 - - Median Type Undivided RT Channelized 0 0
Lanes 1 1 1 0 1 0
Configuration L T R LTR
Uostream Signal 0 0
Minor Street Northbound Southbound
Movement 7 8 9 10 11 12
L T R L T R
Volume (veh/h) 129 4 28 1 3 11
Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR 129 4 28 1 3 11 veh/h)
Percent Heavy Vehicles 1 1 1 1 1 1
Percent Grade(%) 0 0
Flared Approach N N
Storage 0 0
RT Channelized 0 0
Lanes 1 1 0 0 1 0
Configuration L TR LTR
Delav, Queue Lenath and Level of Service
~pproach Eastbound Westbound Northbound Southbound
Movement 1 4 7 8 9 10 11 12
Lane Configuration L LTR L TR LTR
~ (veh/h) 3 40 129 32 15
C (m) (veh/h) 1090 966 235 566 384
vie 0.00 0.04 0.55 0.06 0.04
95% queue length 0.01 0.13 2.98 0.18 0.12
Control Delay (s/veh) 8.3 8.9 37.5 11. 7 14.8
LOS A A E B B
Approach Delay (s/veh) -- - 32.4 14.8
Aooroach LOS -- -- D B
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TWO-WAY STOP CONTROL SUMMARY
General Information Site Information
Analvst cc Intersection SR137 at Oakmore ~gencv/Co. Citv of Tulare 1urisdiction Ca/trans Date Performed 5124/2022 .. nalvsis Year 12022 ~nalysis Time Period Existing+Project PM Peak
I-four
Project Description Fulton Estates Proiect
East/West Street: SR 137 North/South Street: Oakmore
Intersection Orientation: East-West IStudv Period hrs): 0.25 Vehicle Volumes and Adjustments
Major Street Eastbound Westbound
Movement 1 2 3 4 5 6
L T R L T R
!Volume (veh/hl 6 447 147 31 510 1
Peak-Hour Factor PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR 6 447 147 31 510 1 veh/hl
Percent Heavv Vehicles 5 - - 5 - - Median Type Undivided RT Channelized 0 0
Lanes 1 1 1 0 1 0
Configuration L T R LTR
Upstream Signal 0 0
Minor Street Northbound Southbound
Movement 7 8 9 10 11 12
L T R L T R
Volume (veh/h) 148 1 19 0 1 3
Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00
Hourly Flow Rate, HFR 148 1 19 0 1 3 veh/hl
Percent Heavy Vehicles 1 1 1 1 1 1
Percent Grade(%) 0 0
Flared Approach N N
Storage 0 0
RT Channelized 0 0
Lanes 1 1 0 0 1 0
Configuration L TR LTR
Delay Queue Lenath and Level of Service
~pproach Eastbound Westbound Northbound Southbound
Movement 1 4 7 8 9 10 11 12
Lane Configuration L LTR L TR LTR
~ (veh/h) 6 31 148 20 4
~ (m) (veh/h) 1039 968 202 564 370
'/,lie 0.01 0.03 0.73 0.04 0.01
95% queue length 0.02 0.10 4.80 0.11 0.03
Control Delay (s/veh) 8.5 8.8 60.1 11.6 14.8
LOS A A F B B
!Approach Delay (s/veh) -- -- 54.3 14.8
Approach LOS - -- F B
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Appendix D
Existing Plus Fulton Estates Project Conditions
Peak Hour Traffic Signal Warrant
C
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34 | P a g e
Existing Plus Fulton Estates Conditions
Peak Hour Traffic Signal Warrant
Sum of both major approaches is 1142 and largest minor approach is 168 in the PM peak hour. For the AM peak hour, the sum of both major approaches is 1094 and largest minor approach is 161. Both the AM and PM peak hour volumes would satisfy Part B of Warrant 3 – Peak Hour Warrant. It should be noted that Figure 4C-4 was selected to reflect the 55mph speed limit for the Tulare Avenue traffic approaching the intersection. Also, with the anticipated partial widening of Tulare Avenue (SR 137) and Oakmore Street as a result of the Project, two lanes for the major and the minor roadways was assumed for this analysis.
Figure 4C-4. Warrant 3, Peak Hour (70% Factor)
(COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 40 MPH ON MAJOR STREET) 400
MINOR
STREET 300
HIGHER·
VOLUME
APPROACH - 200
VPH
100
300 400 500 600 700 800 900 1000 1100 1200 1300
MAJOR STREET-TOTAL OF BOTH APPROACHESVEHICLES PER HOUR (VPH) ·Note: 100 vph applies as the lower threshold volume for a minor-street approach with two or more lanes and 75 vph applies as the lower threshold volume for a minor-street approach with one lane.
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35 | P a g e
Appendix E
Existing Plus Fulton Estates Project Conditions
(Mitigated)
Level of Service Calculations
C
Traffic Evaluation and Vehicle Miles Traveled Assessment for the Fulton Estates Project
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Fulton Estates Project
Existin~ + Project AM !miti~ated~ 6/2/2022
..> --+ -,. f +- '- ~ t ~ ',. ~ ~
Lane GrouQ EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SB • Lane Configurations "'i + '{' • "'i t.
Volume (vph) 3 367 229 40 455 0 129 4 28 1 • 3 11
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fri 0.850 0.868 0.899
Flt Protected 0.950 0.996 0.950 0.997
Said. Flow (prot) 1770 1863 1583 0 1855 0 1770 1617 0 0 1670 0 Flt Permitted 0.418 0.950 0.747 0.992
Satd. Flow (perm) 779 1863 1583 0 1770 0 1391 1617 0 0 1661 0 Right Turn on Red Yes Yes Yes Yes
Said. Flow (RTOR) 249 30 12
Link Speed (mph) 55 55 30 25
Link Distance (ft) 580 625 447 555
Travel Time (s) 7.2 7.7 10.2 15.1
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 3 399 249 43 495 0 140 4 30 3 12
Shared Lane Traffic(%)
Lane Group Flow (vph) 3 399 249 0 538 0 140 34 0 0 16 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 12 12 12 12
Link Offset(ft) 0 0 0 0
Crosswalk Width(ft) 16 16 16 16
Two way Left Turn Lane
Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9
Turn Type Perm Perm Perm Perm Perm
Protected Phases 4 8 2 6
Permitted Phases 4 4 8 2 6
Minimum Split (s) 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 Total Split (s) 25.0 25.0 25.0 25.0 25.0 0.0 20.0 20.0 0.0 20.0 20.0 0.0 Total Split(%) 55.6% 55.6% 55.6% 55.6% 55.6% 0.0% 44.4% 44.4% 0.0% 44.4% 44.4% 0.0% Maximum Green (s) 21.0 21.0 21.0 21.0 21.0 16.0 16.0 16.0 16.0 Yellow Time (s) 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5
All-Red Time (s) 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5
Lost Time Adjust (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lead/Lag
Lead-Lag Optimize?
Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0
Flash Dont Walk (s) 11.0 11.0 11 .0 11 .0 11 .0 11 .0 11 .0 11.0 11 .0 Pedestrian Calls (#/hr) 0 0 0 0 0 0 0 0 0
Act Effct Green (s) 21 .0 21 .0 21 .0 21.0 16.0 16.0 16.0 Actuated g/C Ratio 0.47 0.47 0.47 0.47 0.36 0.36 0.36
vie Ratio 0.01 0.46 0.29 0.65 0.28 0.06 0.03
Control Delay 6.7 10.3 2.3 13.8 12.4 5.2 6.6
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 6.7 10.3 2.3 13.8 12.4 5.2 6.6
LOS A B A B B A A
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37 | P a g e
Fulton Estates Project
Existina + Project AM !mitiaatedl
..> _,. l' • +-
eGroue EB[ EBT EBR WBL WBT
Approach Delay 7.2 13.8
Approach LOS A B
Intersection Summa
Area Type: Other
Cycle Length: 45
Actuated Cycle Length: 45
Offset: 0 (0%), Referenced to phase 2:NBTL and 6:SBTL, Start of Green Natural Cycle: 45
Control Type: Pretimed
Maximum v/c Ratio: 0.65
'-
WBR
Intersection Signal Delay: 10.3 -~~- Intersection LOS: B ~
NBL
Intersection Capacity Utilization 69.3% ICU Level of Service C Analysis Period (min) 15
S lits and Phases: 3: Int
6/212022
t /> '-. + .cl
NBT NBR SBL SBT SBR
11.0 6.6
B A
:I
Traffic Evaluation and Vehicle Miles Traveled Assessment for the Fulton Estates Project
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38 | P a g e
Fulton Estates Project
Existina + Project PM ~mitiaatedl 6/2/2022
_,; " f +- -\. ~ t ,,. --+ \. ! ~
neGroue EB EBT EBR WBL WBT WBR NBL NBT NBR SBL SB SBR
Lane Configurations ~ + .,, • ~ f.
Volume (vph) 6 447 147 31 510 1 148 1 19 0 • 1 3
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Ulil. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 0.850 0.857 0.899
Flt Protected 0.950 0.997 0.950
Said. Flow (pro!) 1770 1863 1583 0 1857 0 1770 1596 0 0 1675 0 Flt Permitted 0.385 0.960 0.755
Said. Flow (perm) 717 1863 1583 0 1788 0 1406 1596 0 0 1675 0 Right Turn on Red Yes Yes Yes Yes
Said. Flow (RTOR) 160 21 3
Link Speed (mph) 55 55 30 25
Link Distance (ft) 580 625 447 555
Travel Time (s) 7.2 7.7 10.2 15.1
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 7 486 160 34 554 1 161 1 21 0 1 3
Shared Lane Traffic(%)
Lane Group Flow (vph) 7 486 160 0 589 0 161 22 0 0 4 0
Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 12 12 12 12
Link Offset(ft) 0 0 0 0
Crosswalk Width(ft) 16 16 16 16
Two way Left Tum Lane
Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9
Turn Type Perm Perm Perm Perm Perm
Protected Phases 4 8 2 6
Permitted Phases 4 4 8 2 6
Minimum Split (s) 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 Total Split (s) 25.0 25.0 25.0 25.0 25.0 0.0 20.0 20.0 0.0 20.0 20.0 0.0 Total Split(%) 55.6% 55.6% 55.6% 55.6% 55.6% 0.0% 44.4% 44.4% 0.0% 44.4% 44.4% 0.0% Maximum Green (s) 21 .0 21 .0 21.0 21 .0 21 .0 16.0 16.0 16.0 16.0 Yellow Time (s) 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5
All-Red Time (s) 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5
Lost Time Adjust (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lead/Lag
Lead-Lag Optimize?
Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0
Flash Dont Walk (s) 11 .0 11 .0 11.0 11 .0 11 .0 11.0 11 .0 11 .0 11 .0 Pedestrian Calls (#/hr) 0 0 0 0 0 0 0 0 0
Act Effct Green (s) 21.0 21.0 21 .0 21 .0 16.0 16.0 16.0 Actuated g/C Ratio 0.47 0.47 0.47 0.47 0.36 0.36 0.36
vie Ratio 0.02 0.56 0.19 0.71 0.32 0.04 0.01
Control Delay 6.8 11 .8 2.3 15.7 12.8 5.5 7.5
Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Delay 6.8 11.8 2.3 15.7 12.8 5.5 7.5
LOS A B A B B A A
ell
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39 | P a g e
Fulton Estates Project
Existin~ + Project PM !miti~atedl
,> -+ l' f +-
aneGroue EBL EBT EBR BL WBT
Approach Delay 9.4 15.7
Approach LOS A B
• ntersection Summ
Area Type: Other
Cycle Length: 45
Actuated Cycle Length: 45
Offset: 0 (0%), Referenced to phase 2:NBTL and 6:SBTL, Start of Green Natural Cycle: 45
Control Type: Pretimed
Maximum v/c Ratio: 0.71
W' BR
Intersection Signal Delay: 12.3 -~~- Intersection LOS: B ~
NBL
Intersection Capacity Utilization 73.8% ICU Level of Service D Analysis Period (min) 15
3: Tulsre SR 137 &
ell
6/2/2022
t ~ \. ! ~
NBT NBR SBL SBT SB~
11.9 7.5
B A
Traffic Evaluation and Vehicle Miles Traveled Assessment for the Fulton Estates Project
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40 | P a g e
Appendix F
TCAG Regional Traffic Model –
Vehicle Miles Traveled Data
C
Traffic Evaluation and Vehicle Miles Traveled Assessment for the Fulton Estates Project
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Derek M Winning
to me, Roberto, Kasia
Let me know if you have any questions. Derek
Derek Winning
Senior Regional Planner
Tulare County Association of Governments
210 N Church St B, Visalia, CA 93291
559-355-5281 cell
[email protected]
VMT/per
2021 Base VMT Threshholds capita
TO::,.,G Region 11.7
Tulare 15% 10.0
Fulton Estates 11.2
Zone 1094 Housing 11.3
Fulton Estates Region al VMT
No Retai I Region al VMT
Net Region al VMT
VMT/per
employee
7,9
6.8 13,684,033
13,682,798
1,235
VMT/per
service pop
28,4
24.2 RESOLUTION 2022-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
REQUESTING THE TULARE COUNTY LOCAL AGENCY FORMATION
COMMISSION TO TAKE PROCEEDINGS FOR ANNEXATION NO. 2022-01 (EAST TULARE NO. 34) AND DETACHMENT OF THE PROPERTY FROM COUNTY SERVICE AREA NO. 1
WHEREAS, the City Council of the City of Tulare, desires to initiate proceedings for annexation to said city of territory described on the attached legal description; and WHEREAS, the City Council of the City of Tulare at a regular meeting on November 15, 2022 held a public hearing to consider a request by Quest Equity to annex approximately 38.48-acres into the city limits of the City of Tulare. The project is located on the southwest corner of Tulare Avenue (SR-137) and Oakmore Street; and WHEREAS, the City Council of the City of Tulare desires to annex said territory to the City of Tulare for the following reasons: The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and
WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Code of the State of California; and.
WHEREAS, an Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant environmental impact with the incorporation of mitigation measures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The Council of the City of Tulare hereby authorizes application to be made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory illustrated in the map attached as Exhibit ‘A’.
Section 2. In conjunction with the proceedings being taken for this annexation proposal application is also hereby authorized to be made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California for detachment from County Service Area No. 1.
Resolution 2022-XX
Section 3. That upon annexation, the territory shall be zoned R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area) and C-3 (Retail Commercial) consistent with Zone Amendment No. 748.
PASSED, APPROVED, AND ADOPTED on November 15, 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
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ADOPTING GENERAL PLAN AMENDMENT NO. 2022-01
WHEREAS, the Tulare City Council at a regular meeting on November 15, 2022, held a public hearing to consider amending the City of Tulare General Plan land use designation from Residential Estate to Low Density Residential on approximately 35.62- acres and Community Commercial on approximately 2.86 acres located on the southwest corner of Tulare Avenue (SR-137) and Oakmore Street (APN 172-030-010); and
WHEREAS, the Tulare City Council has determined that the proposed amendment is in the public interest; and
WHEREAS, the Tulare City Council determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and
WHEREAS, the Tulare City Council determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety, or welfare; and
WHEREAS, the Tulare City Council determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The General Plan Amendment No. 2022-01 is hereby adopted and will be reflected on the General Plan Land Use Map.
PASSED, APPROVED, AND ADOPTED on November 15, 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-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION
10.04.04 OF SAID CODE ZONE AMENDMENT NO. 748
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.
NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:
SECTION 1. The Zoning Map of the City of Tulare as referred to in Section
10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.04.04; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:
PRE-ZONING approximately 35.62 acres of property to the R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area) zone district and approximately 2.86 acres of the property to the C-3 (Retail Commercial) zone district to become effective upon annexation into the City limits and is located on the south west corner of Tulare Avenue (SR-137) and Oakmore Street as set forth more specifically on said map.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
ORDINANCE 2022-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on XXXX XX, 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-XX
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-XX was introduced at a meeting of the City Council on November 15, 2022, and finally passed and adopted at a regular meeting held on XXXX XX, 2022, by the following vote:
AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Date: XXXX 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-XX has been published in the Visalia Times Delta-Tulare Advance Register, a newspaper of general circulation, on XXXX XX, 2022.
Dated: XXXX XX, 2022
By Melissa Hermann, Chief Deputy City Clerk
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community Services
For Council Meeting of: November 15, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None
AGENDA ITEM:
Receive the recommendation of the Tulare Parks and Recreation Commission and authorize the allocation of $466,000.00 in Regional Park Development Impact Fee funds to design and construct a dog park located at the 400 Block of N Street.
IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:
At the August 9, 2022 meeting the Tulare Parks and Recreation Commission and Tulare Community Services staff discussed potential dog park locations for future development. City staff and the Tulare Parks and Recreation Commission identified five potential locations. The locations were as follows:
• Blain Park
• Elk Bayou Regional Park
• City owned property located at the 400 Block of N Street. • City owned property located at the corner of East Alpine Ave. and Nelder Grove St. • Belmont Basin located on Pleasant Ave. and Belmont St.
On October 11, 2022, the Tulare Parks and Recreation Commission reviewed and discussed the potential Tulare Dog Park locations for a second time. Following questions and discussion with staff, the Commission identified and voted on a preferred location. The Tulare Parks and Recreation Commission voted 7-0 to recommend that the Tulare City Council authorize development of a plan for a dog park to be constructed at the City-owned property located on the north side of the 400 Block of N Street just north of the Santa Fe Trail. The Commission concluded that this is the preferred site due to its central location, proximity to a major trail, substantial distance from schools, and that parking would not impact a residential neighborhood.
A dog park has long been contemplated for construction in the City of Tulare. Regional Park Development Impact Fees will serve as the funding source for the project. The existing Regional Park DIF fund balance is $6,081,179.94. The Community Services Department and City Engineering staff estimate the project cost to be $466,000.00 for the design and construction. The cost estimate includes a ten percent contingency.
STAFF RECOMMENDATION:
Receive the recommendation of the Tulare Parks and Recreation Commission and authorize the allocation of $466,000.00 in Regional Park Development Impact Fee funds to design and construct a dog park located at the 400 Block of N Street.
AGENDA ITEM: General Business 14.1
CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
DIF – Development Impact Fees (390-101-000)
Submitted by: Jason Glick Title: Community Services Director Date: November 15, 2022 City Manager Approval: ____________ G/L #:
2022/2023 2023/2024 2024/2025 2025/2026 2026/2027
Costs Description
Design and Consturction $ 350,000 $ - $ - $ - $ - $ 350,000 $ - Sidewalk - M St 92,000 - - - - 92,000 -
Parking Lot 24,000 - - - - 24,000 -
- - - - - - -
- - - - - - -
- - - - - - -
Total Costs: $ 466,000 $ - $ - $ - $ - $ 466,000 $ -
Funding Sources
Development Impact Fees $ 466,000 - - - - $ 466,000 $ - - - - - - - -
Total Funding: $ 466,000 $ - $ - $ - $ - $ 466,000 $ -
District 4
2020-2025 - Admin Project - Parks
PROJECT # PKxxxx
CITY OF TULARE DOG PARK PROJECT
(Capital)
(Capital)
PROJECT MANAGER: Jason Glick
PROJECT DESCRIPTION & PURPOSE: Construction of the City's first Dog Park.
KEY POINTS: Construction of a Dog Park will meet the Community need for an offleash area for dogs as well as to conform with the recommendation of the Parks Master Plan.
PROJECT STATUS:
Pending Capital Improvement Project adoption by Council.
PROJECTED START DATE: 7/1/2022
PROJECTED END DATE: 6/30/2024
FUTURE M & O:
(Additional Cost & Department Responsibility) $5,000 annually for turf, irrigation, and fence maintenance.
CRITERIA (1-8): Criteria 2: Project addresses regulatory, safety, or environmental requirements that more likely than not threatens in whole or in part the City's ability to operate a core program or function within the next fiscal year if not replace or repaired.
Fiscal Year
Total Unfunded
C:\Users\mhermann\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MBHTJK00\Dog Park/Dog Park
AGENDA ITEM TRANSMITTAL ATTACHMENT
Submitting Department: Community Services Department
For Council Meeting of: November 15, 2022
Proposed Dog Park Location
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: November 15, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None
AGENDA ITEM:
Receive an update on the status of City Project EN0090 – Sequoia-Spruce Tracts Improvements, a street and utility improvement project on Spruce St., Sierra Ave., Sequoia Ave., Dayton St., and Kern Ave; and provide direction regarding the non-compliant asphalt paving installed in Phase 5: Spruce Street between Sierra Avenue and Tulare Avenue.
IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:
Capital Improvement Project EN0090 included street and utility improvements on: Spruce Street between Bardsley Avenue and Tulare Avenue (SR137); Sierra Avenue between SR99 and Canby Street; Sierra Avenue/Sequoia Avenue Alley between SR99 and Spruce Street; Sequoia Avenue between Dayton Street and Spruce Street; Sequoia Avenue/Kern Avenue Alley between Dayton Street and Spruce Street; Kern Avenue between Dayton Street and Spruce Street. The project has addressed deteriorated and substandard water, sewer, and storm drain infrastructure, reconstructed the street section, and included ADA compliance improvements to intersection curb returns and alley/sidewalk intersections within the project limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project was included and approved as a part of the City’s 2019-2024 transportation and utility CIP program budget.
On March 16, 2021 the City Council approved a contract with 99 Pipeline, Inc. in the amount of $6,045,366.78 to complete the work on the subject project. Work began on April 30, 2021, and progressed into June of 2022. The project was broken into 5 phases of work, with the final phase (Phase 5) of the project located on Spruce Street, between Sierra Avenue and Tulare Avenue. The asphalt paving in Phase 5 was performed by 99 Pipeline’s subcontractor, MAC General Engineering, on May 26, 2022. The asphalt material was supplied by Deer Creek Asphalt (a.k.a., Jaxon Enterprises). As is typical, the City contracted with a geotechnical and materials testing consultant, NV5, to serve as the “Quality Assurance Lab”. In this capacity, NV5 obtained material samples and performed required testing to verify compliance with project specifications. Additionally, as required by the contract, the material was also sampled and tested by the Contractor’s consultant, Trinity Engineering Labs, acting as the “Quality Control Lab”. Results from both labs indicated the material failed to meet some of the Caltrans established standards incorporated into the City’s contract specifications. Specifically, the results indicated that the material had low air voids far below allowable tolerances, and high oil content above the specified limit. Material with these properties typically causes “flushing”, a condition where oil migrates out of the material to the surface of the road. This can result in slippery road conditions causing vehicles to lose traction, and an increased potential for rutting (permanent deformation or consolidation of the pavement surface over time). Signs of flushing AGENDA ITEM: General Business 14.2
have been observed since the day the paving work was performed, and continue to progress ever since. Additionally, certain areas are beginning to indicate initial signs of rutting.
The City received the materials testing results from NV5 for the asphalt concrete material placed in Phase 5 of the project on June 3, 2022. The City immediately provided the test results to the Contractor. Based on the results indicating that the material failed to meet specification requirements, and in consultation with NV5, the City made the determination that the asphalt paving materials placed with Phase 5 should be removed and replaced. The City provided direction to the Contractor to move forward with a proposed remediation plan.
MAC General Engineering and Deer Creek Asphalt both recognized the specified material deficiencies, but requested that the material re-tested by a third-party laboratory. Although not required or provided for by the contract specifications, the City obliged this request and allowed them to select an alternative laboratory from the City’s on-call list of consultants to perform “referee” testing at their cost, with the understanding that results confirming that the material failed to meet required specifications would be cause for the prompt removal and replacement of the material, as previously directed. The contractor agreed to these terms and the additional testing of the material was performed by Kleinfelder. Ultimately, the results from Kleinfelder’s referee testing confirmed those previously found by both NV5 and Trinity Engineering, confirming that the material failed to meet the required specifications. Results were provided to the Contractor on September 26, 2022 with, once again, the direction to immediately remove and replace all asphalt concrete paving within the Phase 5 limits of the project.
Since the issuance of the September 26, 2022 letter, additional meetings and rounds of correspondence have occurred between City staff, the Contractor (99 Pipeline), the paving subcontractor (MAC General Engineering), and the asphalt material provider (Deer Creek Asphalt). To date, the Contractor has failed to remove and replace the material in accordance with the contract specifications. As allowed by the provisions of the contract specifications, the City has withheld $103,354.62 related to the work in question. This amount represents all work performed to date (at the bid unit prices) impacted by the non-compliant material. Additionally, as is typical and required by the contract and allowed by the Public Contract Code, the City has also withheld 5% ($290,074.78) in retention of the total amount earned to date. Under normal conditions, upon successful completion of the contract and resolution of outstanding issues, this amount would be released after issuance of the Notice of Completion.
For reference, Deer Creek Asphalt has been the material supplier of asphalt on three (3) other ongoing City projects. They have struggled to produce compliant material on all of these projects, even when utilizing numerous different mix design formulas to meet varying specification requirements. Based on this recent experience, there is significant cause for concern regarding Deer Creek Asphalt’s ability to produce material that meets the requirements of the contract specifications.
Based upon the Contractor’s failure to perform the removal and replacement of the noncompliant asphalt material in a timely manner, staff has obtained additional bids to complete this work. These bids exceed the amount withheld specifically related to the Phase 5 paving, but are well within the total amount currently withheld in retention for the overall project.
STAFF RECOMMENDATION:
Due to the Contractor’s failure to perform work in compliance with the contract specifications and refusal to follow City directives for the correction of noncompliant work, staff recommends that Council direct staff to proceed with performing the necessary remedial work utilizing an alternate contractor.
CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
EN0090-050-0600
Submitted by: Nick Bartsch Title: Senior Project Manager Date: November 7, 2022 City Manager Approval: ____________
MAC General Engineering, Inc.
638 Industrial Drive
Exeter, CA 93221
Attention: Marty Adams
ENGINEERING SERVICES DEPARTMENT
August 18, 2022
Subject: City Project EN0090 (Sequoia-Spruce Tract Improvements) - Asphalt Paving Issues Gentlemen,
This letter is in response to the email we received from Nathan Delk dated August 15, 2022. In said email, MAC General Engineering requests that additional testing be performed by Kleinfelder to further investigate the acceptability of the hot mix asphalt materials (HMA) placed on Phase 5 of the subject project. However, the testing suggested in Mr. Delk's email does not fully comply with the directives contained in my prior letter dated July 29, 2022.
Specifically, the following testing protocols are missing from Mr. Delk's email:
• Extraction % Bitumen Only (Test Method T308)
This test method measures the asphalt binder (oil) content in the asphalt material. Asphalt binder content affects HMA mixture performance in the areas of stiffness, strength, durability, fatigue life, raveling, rutting and moisture damage. HMA that has too much asphalt binder can experience problems such as bleeding, lowered skid resistance, and lowered resistance to permanent deformation (rutting and shoving). HMA that has too little asphalt binder can have lowered fatigue resistance and problems with raveling and stripping.
• Sieve Analysis-Fine and Coarse (Test Method T27)
This test method measures the gradation (aggregate size and make-up) of the hot mix asphalt material. The gradation and size test is used to determine aggregate particle size distribution. Size distribution is perhaps the single most important aggregate quality associated with the control of HMA mixtures. Aggregate gradation and size affect HMA volumetric properties as well as mixture permeability and workability. 411 E. Kem Avenue • Tulare, California 93274 • 559.684.4217 • www.tulare.ca.gov
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: November 15, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None
AGENDA ITEM:
Approve and authorize the mayor to execute the Hillman Center Emergency Homeless Shelter Ground Lease Agreement between the City of Tulare and Tulare County.
IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:
On February 15, 2022 City Council adopted Resolution 2022-05 allocating $2,000,000 in Federal ARPA funds towards a Homeless Shelter (Shelter) the details of which were to be later determined. On May 17, 2022 City Council accepted staff’s recommendations regarding the proposed Shelter to be located at the Hillman Health Center and directed staff to proceed with negotiating a ground lease agreement with Tulare County and preparation of a Request for Proposal (RFP) for a non-profit operator. In addition, on July 19, 2022 City Council approved a contract with 4 Creeks to prepare a survey, geotechnical analysis, design, bidding documents, and construction support services for the Shelter.
Since that time, staff has been negotiating with Tulare County on the terms of a ground lease which is presented herein for approval this evening. Staff has also been working on the development of an RFP for a non-profit operator which will be presented at a future date.
The basic terms of the proposed ground lease are as follows:
• The Shelter is to be located on approximately 2.5 acres at the Hillman Health Center (parcel id #181-040-002) owned by Tulare County.
• The lease is provided at no cost to the City (rent free) in exchange for the City reserving up to 25% of bed space for County homeless service needs. • The initial lease term is 10 years (December 1, 2022 through November 30,2023 with 3 five-year options to renew (total of twenty-five years). • The City is solely responsible for the design, construction, operation, and maintenance of the Shelter.
• The City is responsible to respond to issues regarding safety within one hour during business hours and three hours after business hours.
• The City is responsible to respond to nuisance type issues within twenty-four hours and work to resolve within thirty business days failing which the County may seek lease termination.
• The Shelter shall be opened and operational 7 days per week. • The agreement contemplates a third-party provider to operate the Shelter, the County reserves the right to review the scope of work for the service provider.
AGENDA ITEM: General Business 14.3
• The County retains the right to terminate the agreement or charge fair market rent (less the value of improvements) if the premises are not utilized as a Shelter or if it is determined to no longer be a public benefit (conditions apply). • The City accepts the premises in an “as is” basis, no warranties are provided. • All alterations and construction must be reviewed and approved by the County at various stages, although permitting and inspection responsibility will be retained by the City.
• Prevailing wages and project registration with the Department of Industrial Relations is required.
• City shall provide County with written ten-day advance notice of construction and must complete initial Shelter construction within twenty-four months. • City must keep the leasehold free of liens and indemnify the County. • The City is required to remove all improvement upon lease termination unless otherwise directed by the County.
• The County retains the right to inspect the premises. • If the City vacates the premises the County has the right to terminate the lease. • The City is responsible for all utility related expenses and monthly charges. • The City is responsible for all maintenance.
• The City shall not assign or sublease the premises (a third-party operator is contemplated).
• The City shall be responsible for paying property taxes (if applicable). • The City shall erect a full 8’ tall fence with privacy screening around the premises. • The City shall provide security in the form of Peace Officers to the premises. • The City shall provide exterior lighting, alarms, and a security camera system. • The City and County shall jointly undertake a complete review of the project and the agreement after the project has been in operation for twelve calendar months (agreement modifications may be necessary at that time). • The City shall meet the indemnification and insurance requirements as specified. • Other standard terms and conditions apply.
STAFF RECOMMENDATION:
Approve and authorize the mayor to execute the Hillman Center Emergency Homeless Shelter Ground Lease Agreement between the City of Tulare and Tulare County.
CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
The City Attorney’s Office has reviewed and approved the agreement as to form and legality.
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A Staff anticipates bidding the project early next year and will return with a proposed contract for construction. Staff will provide City Council with alternative funding and cost savings measures should the proposed contract exceed funding availability.
FUNDING SOURCE/ACCOUNT NUMBER:
N/A
Submitted by: Marc Mondell Title: City Manager
Date: November 8, 2022 City Manager Approval: ____________
GROUND LEASE AGREEMENT
HILLMAN CENTER EMERGENCY
HOMELESS SHELTER
THIS GROUND LEASE AGREEMENT (“Agreement”) is made by and between the COUNTY OF TULARE, a political subdivision of the State of California(“COUNTY”) and the CITY OF TULARE, a California Municipal Corporation(“CITY”). COUNTY and CITY are each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following:
WHEREAS, COUNTY is the fee owner of that certain real property and improvements in the City of Tulare, State of California, located at the Hillman Center, more particularly described as County Assessor’s Parcel Number. 181-040-002; and
WHEREAS, CITY desires to provide Emergency Housing Services for homeless individuals to receive support services necessary to rebuild their lives; and WHEREAS, CITY will carry out programs necessary to meet the social needs of the population of the City of Tulare and the County by providing temporary emergency housing, related facilities, and associated programs, and services necessary to assist the homeless population of the COUNTY (“Project”) located at the site described in section 2 below (the “Property”); and WHEREAS, COUNTY is to lease the Property to CITY, at no cost to CITY for the purpose of CITY providing, maintaining, and operating the Project; and WHEREAS, CITY shall be responsible for utilities point-of-connection (“POC”) up- to, along and off-of Property Line; and
WHEREAS, CITY shall be responsible for construction of an Emergency Homeless Shelter, including utilities and associated appurtenances that may be incidental to such activities; and WHEREAS, CITY shall be responsible for maintaining and operating the Project; and WHEREAS, CITY shall hold a ground lease interest in the Property and use the Property for such purposes and will assume maintenance and repair responsibilities for the Property, including any alterations or improvements in and on the Property; and WHEREAS, California Government Code Section 26227 allows a board of supervisors of a county to make available any real property of the county that will not be needed for county purposes during the time of possession, to be used to carry out programs deemed necessary to meet the social needs of the population of the county, including temporary housing and associated programs and services for homeless individuals; and
WHEREAS, the Property will not be needed for COUNTY purposes during the time of possession provided pursuant to this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and
agreements hereinafter set forth, COUNTY and CITY agree that any prior leases between the Parties for, related to, or in connection with the CITY’s use or occupancy of the Property are hereby terminated and that the following terms and conditions shall govern CITY’S use and occupancy of the Property.
1. ADMINISTRATION AND ENFORCEMENT: The provisions of this Agreement shall be administered and enforced for the COUNTY through its General Services Agency, or its designee. The COUNTY’S Director of the COUNTY’s General Services Agency, or designee, shall be the priority contact with CITY, and the General Services Agency, and its designee, may make periodic visits to the Property for inspection and/or other matters as necessary. CITY shall respond to any requests or issues related to this Agreement brought by COUNTY through its General Services Agency Director or designee. City will respond to issues regarding safety within one (1) hour during business hours and three (3) hours after business hours. If the issue is considered a nuisance City will respond within twenty-four (24) hours. If the issue or request is unable to be resolved immediately, the Parties shall work together to seek an amenable solution to the issue within thirty (30) business days of the issue. If no resolution is found, COUNTY may seek Termination of this Agreement pursuant to Section 30 below.
2. LEASED PROPERTY: COUNTY hereby leases to CITY and CITY hereby takes from COUNTY a portion of the real property identified as APN 181-040-002 , in the City of Tulare, State of California, more particularly described or shown as the indicated area on the attached Exhibit A.
3. INGRESS & EGRESS: Access for ingress and egress into and onto the Property by CITY, including, but not limited to, its employees, tenants, invitees, agents, volunteers and/or contractors, shall be along O’Neal Avenue ONLY, depicted on the attached Exhibit B.
4. TERM: The initial term of this Agreement (“Initial Term”) shall commence on December 1, 2022 and run through November 30, 2032, with three (3) five (5) year options to renew thereafter with written consent by COUNTY, which consent shall not be unreasonably withheld. The Initial Term, together with any granted or approved extensions/renewals thereof, are referred to as the “Term” of this Agreement.
The Project shall be used for the continued maintenance and operation of an emergency homeless shelter (“Shelter”) and all other appurtenant improvements, equipment, and operations, including restrooms, and showers units (“Facilities” collectively with the Shelter referred to as the “Improvements”), together with the provision of associated programs and services necessary to assist the homeless population of the COUNTY and CITY, for at least 120-months after the commencement of the Initial Term. If at any time during the Term, including any granted extensions beyond the Initial Term, the Property is used for any other purpose without the express written consent of COUNTY, then CITY shall pay fair market rent for the Property, specifically not including improvements to the Property by CITY, to be determined by an independent appraiser, or, at COUNTY’S option, the Property shall revert to COUNTY and this Agreement shall terminate.
5. PURPOSE AND USE: CITY shall use the Property solely for the purposes of operating and maintaining Improvements seven days a week during the Term of this Agreement and for administering all tasks in the provisions of associated programs and services in compliance with all applicable state and local laws, regulations, rules and ordinances, guidelines, policies, directives, and standards and/or agreements approved by COUNTY which are incidental thereto and necessary to maintain CITY’S Project and related operations on the Property. CITY shall not use the Property and/or the Project for any
other purposes without the express written consent of COUNTY, which consent COUNTY may grant, withhold, or conditionally grant in its sole discretion.
CITY shall perform services in accordance with its separate agreement with CITY’s third-party services provider that describes the provision of services by CITY at the Property. COUNTY reserves the right to review the scope of work contained within the aforementioned services agreement with CITY’s third party services provider and shall provide written approval of such scope of work within fifteen (15) business days of production of such agreement.
6. RENT: In accordance with Government Code Section 26227 and the Tulare County Board of Supervisors determination that the Project is anticipated to be a benefit to the community, and in consideration for CITY administration, operation, maintenance of the Project on the Property and the provision of the services described in Section 5, PURPOSE AND USE hereof, the Property is being provided to CITY by COUNTY rent-free, except that CITY shall reserve twenty-five percent (25%) of bed space available at the Project for COUNTY homeless service needs.
As also described in Section 4 TERM, should, for any reason, the Tulare County Board of Supervisors determine, at a publicly noticed hearing, that the Project is no longer a benefit to the community, or, should the aforementioned Government Code Section be repealed or replaced such that CITY no longer qualifies for the rights granted hereunder, then COUNTY may either terminate this Agreement or charge CITY fair market rent for the Property, specifically for the Property and not for improvements affected by CITY. In order to make a determination that the Project is no longer a benefit to the Community, the Tulare County Board of Supervisors must find that the Project is no longer serving the best interest of the homeless population of the County of Tulare, is providing inadequate care or accommodations, and/or is a public nuisance within the meaning of the Tulare County Ordinance Code or Tulare City Ordinance Code. The amount of such fair market rent shall be determined by an independent appraiser, who has been agreed upon by both Parties hereto; and shall be determined by the rental value of the land only. Said rent shall be due for the remainder of the Term of this Agreement and shall rise 3% per year on the first day of the following month the aforementioned has been determined.
7. PROPERTY SUITABILITY: CITY has investigated the Property and has determined that it is suitable for CITY’S intended operations of the Project, including the responsibilities contained within the third-party service provider agreement and therefore, CITY hereby accepts, by way of executing this Agreement, the Property, as described and/or depicted in Exhibit A hereof, in its existing, as-is condition or status, and is solely responsible for providing the utilities point-of-connection (“POC”).
CITY ACKNOWLEDGES THAT, EXCEPT AS STATED HEREIN, COUNTY HAS
MADE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION OF THE PROPERTY, OR THE SUITABILITY OF SAME FOR THE INTENDED USE BY CITY. CITY
WARRANTS AND REPRESENTS THAT IT HAS NOT DIRECTLY OR INDIRECTLY RELIED
ON ANY WARRANTY OR REPRESENTATION OF COUNTY NOT EXPLICITLY SET FORTH IN THIS AGREEMENT, AND WILL NOT DO SO.
8. ALTERATIONS AND CONSTRUCTION: Any alterations and construction on the Property proposed by CITY shall be presented by CITY to COUNTY in written form with proposed plans, designs, drawings, and specifications prior to any construction or alterations. CITY will prepare and submit all such plans, designs, drawings, and specifications to COUNTY for review. CITY will
provide three submittal packages to COUNTY: (1) at the 60% design completion stage; (2) at the 90% design completion stage, including a bill of materials; and (3) at the 100% design completion stage, which shall include the permitted set of construction documents. COUNTY, through its General Services Agency, will review the documents and provide any comments, approvals, or disapprovals in writing to CITY within fifteen (15) business days after receipt of the documents, or within such longer period as COUNTY may reasonably request. CITY will incorporate COUNTY comments/changes into the applicable plans, designs, drawings, and specifications. CITY reserves the right to issue the plans, designs, drawings, and specifications in phases to allow construction to be performed in phases. If COUNTY fails to provide written comments within the applicable review period, then COUNTY will be deemed to have no comments regarding the applicable documents.
Any such COUNTY approval shall be deemed conditional upon CITY acquiring all necessary permits from the appropriate governmental agencies at its sole expense, furnishing a copy thereof to COUNTY prior to the commencement of the construction or alterations, and CITY’S compliance with all conditions of said permit(s). COUNTY will agree to any nonmaterial changes to the plans, designs, drawings, and specifications required by any such governmental agencies. CITY acknowledges and agrees that any alterations and construction on the Property is subject to CITY or its contractors’/subcontractors’ payment of prevailing wages for such work, with compliance monitoring and enforcement by the Department of Industrial Relations pursuant to the provisions of Section 1770 et seq. of the California Labor Code. The individuals preforming or providing any alterations and construction shall be paid not less than the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations. Any and all permits or clearances required shall be granted only on the merits of the application thereof, and nothing in this Agreement shall be construed to require that COUNTY, or any other government agency, grant such permits or clearances. CITY shall give COUNTY’S General Services Agency, or designee, not less than ten (10) calendar days written notice prior to the commencement of any such construction or alterations in, on, or about the Property; and COUNTY shall have the right to post Notices of Nonresponsibility, as provided by law. CITY shall cause construction on the Project to be completed within twenty-four (24) months of the commencement of the Initial Term (“Project Deadline”). If CITY is unable to complete construction by the Project Deadline, then CITY shall provide written notice to County thirty (30) days prior to that date, with a written explanation of the delays in completion and a new estimated completion date.
During any such construction or alteration, CITY shall keep the leasehold and Property, including all Improvements, free and clear of liens for labor and materials expended by or for CITY or on its behalf, and shall hold COUNTY harmless and defend COUNTY with respect to any construction or alterations.
Non-compliance with this section shall constitute a material breach hereof. When Improvements are constructed by or for CITY under the provisions of this Agreement, then CITY shall inform COUNTY of the date of completion of such Improvements.
The requirements relating to construction or alteration set forth herein are those of COUNTY as landowner and not as a governmental entity. Nothing in this Agreement shall be construed to entitle CITY to undertake construction of any alterations or improvements without complying with all permitting required by COUNTY in its governmental capacity.
9. TITLE: During the Term of this Agreement, title to the Improvements shall vest with CITY.
In accordance with Section 8 above, CITY does not have the right to, and shall not during the Term of this Agreement, erect additional Improvements without the prior written consent of the COUNTY, in or upon the Property hereby leased.
During the Term of this Agreement or any extension thereof, the Improvements shall be and remain the real property of CITY. Title to the Improvements shall remain with CITY after the expiration or termination of this Agreement except that title to some or all of the Improvements shall, at COUNTY’s affirmative election, transfer and vest in the COUNTY if such Improvements are not removed within 45 days of the expiration or termination of this Agreement, or such further deadline as the Board of Supervisors may grant, after date of expiration or termination of this Agreement. Such transfer or vesting of title shall not constitute a waiver of any right or remedy which the COUNTY may have against CITY or any other person for any damage, loss or injury suffered by the COUNTY as a result of any work or activity performed by or for CITY in the exercise of this Agreement.
CITY shall not have the right to waste, destroy, demolish, or remove the Improvements, except as provided in this Agreement. In the event that CITY discontinues use of the Improvements, this Agreement may be terminated as provided in Section 11 ABANDONMENT OF THE PROPERTY and/or IMPROVEMENTS. In such event, CITY shall remove and dispose of the Improvements in accordance with Section 33. SURRENDER OF PROPERTY, hereof.
10. ENTRY BY COUNTY: COUNTY shall have the right, but not the obligation or duty,to enter upon the Property at all reasonable times to examine the condition thereof, provide emergency maintenance, make emergency repairs, and to make such other emergency repairs (“Emergencies”) as COUNTY may deem necessary to make. In the event, the COUNTY Emergencies are deemed necessary by the COUNTY, then CITY shall reimburse COUNTY for all expenses COUNTY incurs for such Emergencies.
11. ABANDONMENT OF THE PROPERTY and/or IMPROVEMENTS: CITY shall not abandon, vacate, surrender, or assign use of the Property and/or the Improvements at any time during the Term of this Agreement. If CITY does abandon, vacate, surrender, or assign use of the Property and/or Improvements, then this Agreement and all of CITY’S rights thereto shall terminate at the option of COUNTY in its sole discretion.
In the event of such termination, the Improvements and any personal property belonging to CITY and left on the Property more than thirty (30) days after such termination shall be deemed abandoned at the sole option of COUNTY, and title to such may pass to COUNTY as provided in Section 9 TITLE.
12. WASTE AND NUISANCE: CITY shall not commit, nor suffer to be committed, any waste upon the Property, nor permit any nuisance to exist thereon. Temporary encampments, tent cities, and any non-permanent homeless community establishments shall expressly be considered a nuisance by COUNTY. CITY shall be solely responsible for any trash, debris, detritus, or paraphernalia cleanup at the Property including those items of trash, debris, detritus, or paraphernalia which are left on COUNTY Property by residents of the Project.
13. UTILITY CHARGES: CITY, subject to any required utility application(s) and utility permit(s) from utility providers, shall install, connect, and maintain the necessary mains, meters, and ancillary equipment required to maintain utility services to the Property and Improvements, at its sole cost and expense. All accounts for such utilities shall name CITY as the responsible party. CITY shall pay when due all charges for utilities used by CITY.
14. MAINTENANCE AND REPAIR: During the Term of this Agreement, including any
extensions, CITY shall, at its sole cost and expense, keep the Property and Improvements neat, clean, and in a sanitary condition, including, but not limited to:
a. The electrical conduits, conductors, ground equipment and all other associated devices;
b. All mechanical equipment, as well as ancillary connections to the equipment, including but not limited to, electrical, gas, and water utility service, HVAC, vents, drains, ducting, and supporting structures;
c. All other unexposed electrical, plumbing and sewage systems; and d. The grounds, including landscaping, fencing, security cameras and alarm systems, exterior lighting, and the like.
15. ASSIGNMENT/ SUBLEASE: CITY shall not assign, license, or sublease the Property, Improvements, or any part thereof or any right or privilege appurtenant thereto without COUNTY'S prior written consent. Consent by COUNTY to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment, licensing, or subleasing made contrary to this Section shall be null and void at the COUNTY’s sole discretion.
16. SUCCESSORS IN INTEREST: This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the respective Parties, to any government or private organization into which CITY may be merged, and to any assignee, licensee, or sublessee of CITY approved by COUNTY under section 15 above.
17. INSURANCE AND INDEMNIFICATION: The Parties shall comply with the indemnification and insurance provisions as set forth in the attached Exhibit C.
18. WAIVER OF SUBROGATION RIGHTS: Notwithstanding anything in this Agreement to the contrary, COUNTY hereby releases and waives unto CITY, including its officers, directors, employees and agents, and CITY hereby releases and waives unto COUNTY, including its officers, directors, employees and agents, all rights to claim damages for any workers’ compensation injury, loss, cost or damage to persons, as long as the amount of such injury, loss, cost or damage has been paid either to or by COUNTY, CITY, or any other person, firm or corporation, under the terms of any workers’ compensation policy of insurance. Each Party shall have its workers’ compensation policy endorsed with a waiver of subrogation in favor of the other Party for all work performed by the other Party, its officers, directors, employees, and agents. Each Party shall provide the other Party with the required insurance endorsement that amends the workers’ compensation insurance policy.
As respects all workers’ compensation policies of insurance carried or maintained pursuant to this Agreement and to the extent permitted under such policies, COUNTY and CITY each waive the insurance carriers’ rights of subrogation. For purposes of this provision, insurance proceeds paid to either Party shall be deemed to include any deductible or self-insurance retention amount for which that Party is responsible. A Party’s failure to obtain or maintain any insurance coverage required pursuant to the terms of this Agreement shall not negate the waivers and releases set forth herein, as long as the insurance that the Party failed to obtain or maintain would have covered the loss or damage for which the Party is
waiving its claims.
19. QUIET ENJOYMENT AND NON-INTERFERENCE: CITY shall at all times conduct its business in a quiet and orderly manner to the satisfaction of the COUNTY. CITY shall not use, nor permit those under its control, including, but not limited to, its employees, tenants, invitees, agents, volunteers and/or contractors to use any portion of the Property in any way that interferes with other adjacent properties of the Property or with COUNTY’s other lawful use of the COUNTY’S adjoining property.
20. NONDISCRIMINATION: CITY in its operations to be conducted pursuant to the provisions of this Agreement, will not discriminate, or permit discrimination against any person or class of persons by reason of race, color, creed, religion, ancestry, age, sex, or national origin in any manner prohibited by the laws of the United States, the State of California, or any COUNTY ordinance.
Noncompliance with provisions of this section shall constitute a material breach hereof and in addition to any other remedies provided by law, COUNTY shall have the right to terminate this Agreement and the interest hereby created without liability therefor.
21. ENVIRONMENTAL IMPAIRMENT: CITY shall comply with all applicable laws, regulations, rules, and orders regardless of when they become or became effective, including without limitation those relating to signing, health, safety, noise, environmental protection, waste disposal, water, and air quality, and shall furnish satisfactory evidence of compliance upon request by COUNTY.
Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Property or Improvements due to CITY'S use and occupancy, then CITY shall clean all property affected to the satisfaction of COUNTY and any governmental body having jurisdiction therefore. CITY shall indemnify, hold harmless, and defend COUNTY from and against all liability, claim, cost, and expense (including without limitation any fines, penalties, judgments, litigation costs, attorney's fees, consulting, engineering and construction costs) incurred by COUNTY as a result of CITY'S breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution due to CITY’S use and occupancy of the Property or any portion hereof, regardless of whether such liability, cost or expense arises during or after the Term of this Agreement, and regardless of negligence, active or passive, of COUNTY.
22. TOXICS: CITY shall not manufacture or generate hazardous wastes on or in the Improvements or Property. CITY shall be fully responsible for any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or transported by CITY, its agents, employees, invitees, volunteers or designees on or in the Improvements or Property during the Term of this Agreement and shall comply with and be bound by all applicable provisions of such federal, state, or local law, regulation, or ordinance dealing with such wastes, substances, or materials. CITY shall notify COUNTY and the appropriate governmental emergency response agency(ies) immediately in the event of any release or threatened release of any such wastes, substances, or materials.
23. COMPLIANCE WITH THE LAW: CITY shall comply with all applicable federal, state, regional, county, and municipal laws, statutes, rules, ordinances, and regulations in effect during the Term or any part of the Term hereof regulating the use of the Property or Improvements now or hereafter in
effect.
24. TAXES AND ASSESSMENTS: CITY and/or its third-party service provider shall pay and discharge any and all property taxes and/or assessments, including special assessments and possessory interest taxes, if any, which may be levied upon said Improvements and/or Property during the Term of this Agreement.
25. NOTICES: Any notice to be given to the Parties shall be in writing and shall be served, either personally or by mail, to the following:
COUNTY: General Services Agency – Property Management
County of Tulare
2637 W. Burrel Ave., Ste. 200
Visalia, CA 93291
CITY: City of Tulare
Attn: City Manager
411 E. Kern Avenue
Tulare, CA
or to the Parties at such other place as may be designated in writing. Such notices shall be served by depositing them addressed as set out above, postage prepaid, in the U.S. mail, reliable overnight courier, or by personal delivery. Notices personally delivered are considered received upon delivery. Notices sent by overnight delivery are considered received on the next business day. Mailed notices are considered received three (3) business days after deposit in the mail.
26. DEFAULT: Except as otherwise required herein, should CITY at any time be in material default hereunder with respect to any covenant contained herein, then COUNTY shall give notice to CITY specifying the particulars of the default and CITY shall promptly commence remedial action to cure the default. Should such default continue uncured for a period of thirty (30) calendar days from such notice, then this Agreement shall terminate at the sole option of the COUNTY; unless the cure of such default shall reasonably take more than thirty (30) calendar days, in which case CITY shall proceed with all due speed to cure the default and shall have a reasonable time to effectuate its cure. Failure of the CITY to cure the default to COUNTY’s satisfaction within such extended cure period shall be grounds for COUNTY to terminate this Agreement upon thirty (30) calendar days’ written notice to CITY.
27. REMEDIES: In the event of a default or breach, either Party may exercise any right or remedy at law or in equity which such Party may have by reason of such default or breach including but not limited to the following:
a. The nondefaulting Party may waive the default or breach in accordance with Section 28, WAIVER, herein below.
b. The nondefaulting Party may maintain this Agreement in full force and effect and recover whatever monetary loss(es) may have resulted from such default or breach. c. Where CITY is the non-defaulting Party, CITY may terminate the
Agreement and surrender use of the Property.
d. Where COUNTY is the non-defaulting Party, COUNTY may terminate the Agreement and CITY shall vacate the Property within 30 days of written notice from COUNTY.
28. WAIVER: It is understood and agreed that any waiver, express or implied of any Term of this Agreement shall not be a waiver of any subsequent breach of a like kind or of any other provision of this Agreement.
29. AMENDMENTS: This Agreement may only be amended by written consent of the Parties and such changes shall be binding upon the heirs or successors of the Parties.
30. TERMINATION: This Agreement shall terminate, and all rights of CITY shall cease, and CITY shall quietly and peacefully deliver to COUNTY, possession and interest in the Property; and possession, interest, and title to the Improvements:
a. Upon expiration or earlier termination of the Agreement as provided in Section 4, TERM; or
b. Upon ninety (90) calendar day written notice from COUNTY or c. Upon ninety (90) calendar day written notice from CITY; or d. Upon abandonment of the Improvements and Property as provided in Section 11, ABANDONMENT OF THE PROPERTY and/or IMPROVEMENTS; or
e. Upon the failure of CITY to satisfy, observe or perform any of the covenants, conditions or reservations set forth in this Agreement and the expiration of the cure period as provided in Section 26, DEFAULT; or
f. As provided in Section 31, DESTRUCTION.
31. DESTRUCTION: If the Improvements or the Property is partially or totally destroyed by fire or other casualty, then this Agreement, at the option of CITY, shall terminate. If CITY chooses to terminate the Agreement, then CITY shall remove all Improvements from the Property and shall return the Property to its original condition as near as is practical.
32. AGENCY DISCLOSURE: CITY acknowledges that the General Services Agency of the COUNTY is the agent for the COUNTY exclusively, and is neither the agent for CITY nor a dual agent in this transaction.
CITY acknowledges that CITY is the agent for itself exclusively, and is neither the agent for the COUNTY nor a dual agent in this transaction.
33. SURRENDER OF PROPERTY: Upon expiration or termination of this Agreement, CITY shall vacate and surrender possession of, and any claim to the Property, leaving it in good condition,
except for ordinary wear and tear at the conclusion of the lease.
CITY shall be required to remove all of the Improvements by the expiration or termination of this Agreement. In the event that CITY fails to remove the Improvements in accordance with this Section, COUNTY shall have the right, but not the obligation, to take title to the Improvements as described in Section 9 TITLE.
34. CONDEMNATION: In the event the Property or Improvements or any part thereof is taken by condemnation, eminent domain, or any such proceeding that precludes access to or use of the Property and/or Improvements, COUNTY shall have the exclusive right to control the defense of any such action in condemnation or eminent domain and to defend any such action and settle the same in COUNTY'S absolute discretion. CITY agrees that COUNTY shall have the right, but not the obligation, to defend or settle any such action of condemnation or eminent domain affecting any of CITY 'S Improvements on the Property.
CITY shall receive from COUNTY such proportionate amount of the judgment, award, or settlement as shall be attributable to CITY'S interests.
In the event possession of the Property or partial possession of the Property is obtained by a public agency or other agency empowered to take by eminent domain, in a manner which precludes CITY'S intended use, then this Agreement shall terminate as of the effective date of possession and upon such termination, any obligations of CITY up to said termination date shall cease.
In the event of a partial taking, this Agreement may continue in full force and effect at CITY'S option.
35. SPECIAL CONDITIONS: CITY’s use of the Property is subject to all federal, state, regional, and local laws, statutes, regulations, ordinances, policies, and guidelines related to the use, including any restrictions and conditions established by COUNTY which may be changed from time to time during this Agreement, including, but not limited to the following:
a.. CITY may place structures on the Premises in accordance with approved design plans pursuant to Section 8. ALTERATIONS AND CONSTRUCTION. b. If CITY’s operation of the Project causes damage to COUNTY’s property, real or personal, CITY shall wholly reimburse COUNTY for any such damage. c. CITY shall cause to be erected around the Premises, a full fence, at least 8 feet high with privacy screening, to the satisfaction of County. d. CITY shall supply security to the Property and Project, who shall be Peace Officers either in the employ of CITY or another Agency. e. CITY shall provide, at its own expense, exterior lighting, alarms, and security camera systems deemed adequate by COUNTY’s General Services Agency Director, or their designee. f. CITY shall promptly report to COUNTY any accident or mishap on the Property. g. The Parties acknowledge and agree that the Project and its location on the particular
County-owned real property are new endeavors for the Parties and present unique challenges, some of which the Parties cannot completely anticipate or plan for. With this in mind, the Parties agree that they will jointly undertake a complete review of the Project and this Agreement immediately after the Project has been in operation for twelve (12) calendar months. Among other things, such review will identify any changes to the Project or amendments to this Agreement that may be necessary under the circumstances.
The Parties will consider and negotiate such changes in good faith. If the Parties are unable to reach agreement on such changes after reasonable efforts, then either Party may submit the matter to mediation.
Costs related to mediation shall be mutually shared between or among the Parties. Unless otherwise agreed in mediation, the Parties retain their rights to proceed to litigation. h. CITY shall, upon completion of the Improvements to the Property and initiation of the Project, enact measures to ensure that no unauthorized camping is to occur within one half mile of the Property and Project site. This specifically does not include camping which is sanctioned or authorized by CITY.
36. CAPTIONS: The title or headings to the sections of this Agreement are not a part of this Agreement, and shall have no effect upon the construction or interpretation of any part hereof.
37. SEVERABILITY: If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
38. CERTIFICATION OF SIGNATORIES: The signatories of this Agreement and each of them represent and warrant that they are authorized to execute this Agreement and that no additional signatures are required to bind COUNTY or CITY to its terms and conditions, or to carry out duties contemplated herein.
39. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties hereto and no obligation other than those set forth herein will be recognized.
40. CONSTRUCTION: The Parties agree that each Party and its respective counsel have reviewed and approved this Agreement to the extent that each Party in its sole discretion has desired, and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement. The terms and provisions of this Agreement embody the Parties’ mutual intent, and this Agreement shall not be construed more liberally in favor of, nor more strictly against, any Party hereto.
41. FACSIMILE/ELECTRONICALLY TRANSMITTED SIGNATURES: The Parties may sign this Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Agreement and to have the same force and effect as a manual signature. For purposes of this Agreement, the term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this Agreement and executed and adopted by a Party with the intent to sign this Agreement, including facsimile, portable document format, or email electronic signatures, pursuant to the California Uniform
Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), as it may be amended from time to time. In the event that the Parties hereto utilize facsimile transmitted documents or electronically transmitted documents which include signatures, such documents shall be accepted as if they bore original signatures, provided that any documents that shall or may need recordation, shall not be accepted for recordation by the County Recorder until such documents bearing original signatures are received by COUNTY and submitted for recording.
42. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts and each such counterpart shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the Parties shall preserve undestroyed, shall together constitute one and the same instrument. A signed copy or signed counterpart of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of a signed original or signed copy of this Agreement.
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IN WITNESS WHEREOF, COUNTY and CITY have executed this Agreement by their respective authorized officers as set forth below, with the Agreement to be effective as of the date it is executed by the COUNTY as shown below (“Effective Date”). “COUNTY”
COUNTY OF TULARE
By: Date: , 2022
Edwardo Valero, Chair
Board of Supervisors
ATTEST:
JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/
CLERK OF THE BOARD OF SUPERVISORS
By:
Deputy
APPROVED AS TO FORM
COUNTY COUNSEL
By:
Deputy
Matter No. 2022781
“CITY”
CITY OF TULARE
By: Date: , 2022
President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
MARC MONDELL, CITY CLERK
By:
Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
APPROVED AS TO FORM:
CITY ATTORNEY
By
EXHIBIT A
The Property and Scope of Work
City of Tulare
Emergency Homeless Shelter
Exhibit A
Transmitted to Tulare County
November 8, 2022
1. Long Term Solution
Emergency Homeless Shelter
2. Introduction
Background
• This exhibit provides an update on the status of the City’s efforts to address the challenges of homelessness from both a long-term perspective.
• Homelessness is a complex issue, root causes varies between individuals and may include; trauma, loss of employment, underemployment, abandonment, mental illness, addiction, criminality, etc.
• Homeless individuals face many challenges including; unsanitary living conditions, exposure to severe weather, limited access to healthcare and food, safety issues including exposure to violence, etc.
• Communities must deal with the outward appearance and impacts of homelessness including; panhandling, impeding access to public amenities, crime, safety concerns, public health concerns, accumulation of garbage and visual blight, etc.
• There are approximately 200 homeless individuals or more in Tulare and growing, therefore the City has made the decision to pursue a permanent homeless shelter (long-term solution).
3. Introduction
Location
• Management examined all
parcels in the City and
determined that neither a
temporary encampment or
shelter located in or near
residential or Downtown would
be supported.
• Shaded areas on map do not
meet criteria (1/8 mile)
• Non-shaded areas meet
criteria (Industrial Area)
4. Introduction
Shelter Site
• The Hillman Center was
determined to be the best site
for the following reasons:
• Adequate land area (3 acres)
to support shelter size and
amenities
• Adequate infrastructure to the
site (ie. water, sewer, electric)
• Proximity to services needed
by homeless individuals
• Proximity to public
transportation
• Proximity to a grocery
• The site is available at little to
no cost
• The City wouldn’t lose tax
revenue
(Long Term Solution)
5. Introduction
Shelter Design
• In order to achieve success, in management’s opinion the shelter needs to include the following:
o 20,000sq.ft. primary shelter structure
o Complete perimeter fencing
o Utility extension (water, sewer, electric)
o Access drive and parking (including overnight)
o Exterior security lighting
o Frontage improvements
o Modular administrative office building
o Restroom and shower trailers (including ADA)
o Modular classrooms, food pantry, and laundry
o Modular housing units (interior and exterior)
o Storage containers
o Dog kennels
o Outdoor recreational amenities (ie. basketball court, garden) o Stormwater retention
o Waste enclosure
(Long Term Solution)
6. Introduction
Shelter Layout
The project will be completed in
two phases to include:
• Perimeter fencing, access
drive, utilities, lighting,
modular housing units, onsite
administration and security.
• Construct shelter, install
classrooms, food pantry,
parking lot, waste enclosure,
basketball court, community
garden, storage containers,
and dog kennels.
(Long Term Solution)
7. Introduction
Project Phasing
• The project is divided into two phases from a management perspective and one phase from a construction perspective as follows:
• The project will start with the installation of modular housing units in the village area and related support functions so the City can be more competitive in the second round of the Encampment Resolution Funding Program. These units will serve as
permanent supportive housing for purposes of the grant. • The balance of project construction will proceed thereafter and will be completed within 24 months of lease execution.
(Long Term Solution)
8. Introduction
Shelter Budget
• The City has obligated $2,000,000 of it’s Federal ARPA funds towards the shelter plus $1,500,000 in City surplus funds and is pursuing a $1,500,000 Federal budget appropriation.
• Management continues to work to identify additional funding if necessary (including reserve funds) and way to reduce costs including; self contracting, modifying the type of structure, purchasing previously used items, delaying frontage
improvements, etc.
• The following estimate assumes there is no land acquisition cost.
Site Work $ 700,000
Shelter $1,800,000
Amenities $ 500,000
Subtotal $3,000,000
Contingency (15%) $ 450,000
Total $3,450,000
(Long Term Solution)
This is the minimum cost subject to change.
9. Introduction
Conceptual Images
Single occupancy sleeping quarters Double occupancy sleeping quarters Modular office, classroom example Modular bathroom, shower example Partitioned sleeping quarters Modular housing unit
(Long Term Solution)
10. Introduction
Conceptual Images
Rendering showing:
A) Shelter Structure
B) Administration
C) Pantry-Classrooms
D) Restroom-Shower Trailers
E) Kennels
F) Family Village
G) Garden
H) Court
I) Storage
A
B
F H
D
C
I
E
G
(Long Term Solution)
11. Introduction
Shelter Operations
• The typical range of annual cost to operate a shelter is between $10,000 to $30,000 per bed depending upon type of sleeping accommodations, services offered, financing costs, equipment, utilities, staffing, etc.
• In management’s opinion, the shelter will serve as the entry point into the partner network of homeless related infrastructure assets and operate as follows (or similar):
o 200 bed shelter facility that can scale to 400 beds if necessary o 24-hour 365-day per year basis under contract with a non-profit o Accept all homeless individuals and families
o Partner with other agencies to ensure adequate services o Provide three internal levels of residency including:
o Entry
o Participation
o Recovery
(Long Term Solution)
12. Introduction
Residency Level 1
• Entry Level
Low barrier starting point for acceptance into shelter including:
o Voluntarily agree to follow basic rules (ie. no fighting, drug use, or weapons at the shelter), allows vehicles, pets, and personal items (with limitations)
o Access to all basic services including; bathrooms, showers, electricity, security, meals, medical, clothing
o Free to come and go, meals provided at established times (Long Term Solution)
13. Introduction
Residency Level 2
• Participation Level
Those desiring additional benefits including:
o Voluntarily agree to participate in programs offered by the operator to include; increased personal space, increased privacy, classroom learning and activities, outdoor recreation activities, etc. o These additional benefits are offered in exchange for part-time assistance including; property maintenance (ie. cleaning, painting, custodial care, etc.) garden cultivation, resident ombudsman, etc. (Long Term Solution)
14. Introduction
Residency Level 3
• Recovery Level
Those that advance and desire additional benefits including:
o Voluntarily agree to participate in additional programs offered by the operator to include; private quarters, classroom training, increased storage of personal items, etc.
o These additional benefits are offered in exchange for part-time employment off premises with the City and participating businesses.
(Long Term Solution)
15. Introduction
Miscellaneous Items
There are a number of other important issues that will be addressed as the shelter moves forward including;
• Selecting a non-profit operator
The City will issue a Request for Proposal upon lease execution • Facilitating homeless to the shelter
This will occur through positive encouragement and persuasion • Funding operations
Management has recommended up to $1,500,000 in cannabis related revenue to support shelter operations plus Tulare County has indicated its willingness to provide a one-time pledge of $500,000 towards operations plus ongoing limited services. • Food procurement
• Maintenance and utilities
• Staffing and equipment
(Long Term Solution)
16. Introduction
How to Measure Success
Management will work with the operator and partner organizations to determine the long-term metrics for measuring success including the recovery rate however, it is management’s opinion that short-term shelter success is based on achieving the following;
• Does the shelter provide safety for those experiencing homelessness?
• Is the shelter reducing the number of encampments?
• Is the shelter addressing challenges of the homelessness in the community, including:
o Reducing the need for panhandling?
o Allowing greater access and full use of public amenities? o Reducing homeless related crime?
o Reducing the accumulation of garbage, unsanitary conditions and visual blight?
• Is the shelter operated in a legally defensible, financially viable, and humane manner?
• Is the area around the shelter properly maintained and safe? (Long Term Solution)
17. Project Milestones
Item
Fall
2022
Winter
2023
Spring
2023
Summer
2023
Fall
2023
Winter
2024
Spring
2024
Summer
2024
Lease
Operator
Plan Submittal
Design
Bidding
Permitting
Construction
Operations
Homeless Shelter
Notes:
1) The “plan submittal” item above includes additional operational plans as requested by the County for review.
18. Questions?
Site Plan
19. Questions?
Site Survey
20. Questions?
Lease Area Description
21. Questions?
END PRESENTATION
22.
EXHIBIT B
Ingress & Egress Diagram
(Attached)
EXHIBIT C
Indemnification and Insurance Requirements
INDEMNIFICATION
CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless COUNTY and its officers, officials, employees, agents and volunteers from and against any and all claims, actions, losses, damages, judgments and/or liabilities arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person or entity and for any costs or expenses (including but not limited to attorneys’ fees) incurred by COUNTY on account of any claim except where such indemnification is prohibited by law. CITY’S indemnification obligation applies to COUNTY’S active as well as passive negligence but does not apply to COUNTY’s sole negligence or willful misconduct.
NOTIFICATION OF ACCIDENTS AND SURVIVAL OF INDEMNIFICATION PROVISIONS CITY shall notify COUNTY immediately in the event of any accident or injury arising out of or in connection with this Agreement. The indemnification provisions in this Agreement shall survive any expiration or termination of this Agreement.
INSURANCE
CITY shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the CITY’S operation and use of the leased Property. The cost of such insurance shall be borne by CITY.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (This applies to lessees with employees).
3. Property Insurance: against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
If CITY maintains higher limits than the minimums shown above, then the COUNTY requires and shall be entitled to coverage for the higher limits maintained by CITY. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the COUNTY.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured – The COUNTY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of CITY including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to CITY ’s insurance at (least as broad as ISO Form CG 20 10).
2. Primary Coverage – For any claims related to this Agreement, CITY’S insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the COUNTY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the COUNTY, its officers, officials, employees, or volunteers shall be excess of CITY’S insurance and shall not contribute with it.
3. Legal Liability Coverage – The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the leased property, including all Improvements altered or constructed thereon by or for CITY.
4. Notice of Cancellation – Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the COUNTY.
5. Deductibles and Self-Insured Retention – Any deductibles or self-insured retentions must be declared to and approved by the COUNTY. The COUNTY may require CITY to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
6. Acceptability of Insurers – Unless otherwise approved by COUNTY’s Risk Management Division, insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best’s Insurance Guide rating of “A- VII”.
7. Verification of Coverage – CITY shall furnish the COUNTY with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to COUNTY before occupying the Property. However, failure to obtain the required documents prior to the work beginning shall not waive CITY’S obligation to provide them. The COUNTY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
8. Failure to Procure Coverage – In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, then COUNTY has the right, but not the obligation or duty, to terminate the Agreement. Maintenance of required insurance coverage is a material element of the Agreement and failure to maintain or renew such coverage or to provide evidence of renewal may be treated by COUNTY as a material breach of contract.
9. Special Risks or Circumstances – COUNTY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. CITY agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of COUNTY.
AZ/JK/9-6-2022/2022781/1845687.docx
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: November 15, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None
AGENDA ITEM:
Adopt a resolution amending the Handbook of Rules and Procedures of the City Council of the City of Tulare formalizing the process for councilmembers to request future agenda items.
IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:
California Government Code § 36813 provides that a city council may establish rules for the conduct of its proceedings. On February 16, 2010, the Tulare City Council approved and adopted the Handbook of Rules and Procedures of the City Council (“Handbook”) which sets forth rules and procedures of the general powers and duties of the Council, meetings, decorum, as well as procedural and administrative rules that may be useful to the City Council, administrative staff, and the general public. The most recent update was on July 19, 2022.
Mayor Mederos advised staff and the Council of his desire to formalize the process for councilmembers to request future agenda items. The current process involves councilmembers bringing up items at a meeting and asking for consensus to place those items on a future agenda. The proposed process involves the following:
1. Councilmembers complete the Council Item Request Form and submit to the City Clerk;
2. Item is added to the next available agenda under Future Agenda Items and the completed form provided by the requesting councilmember will be provided in the packet for review (same as staff reports provided by staff);
3. Council will consider each item under Future Agenda Items separately. If approved, the item will be referred to staff to conduct a full analysis and added to a future agenda.
STAFF RECOMMENDATION:
Adopt a resolution amending the Handbook of Rules and Procedures of the City Council of the City of Tulare formalizing the process for councilmembers to request future agenda items.
CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:
N/A
Submitted by: Marc Mondell Title: City Manager
Date: November 7, 2022 City Manager Approval: ____________ AGENDA ITEM: General Business 14.4
RESOLUTION 2022-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AMENDING THE HANDBOOK OF RULES AND PROCEDURES OF THE CITY
COUNCIL OF THE CITY OF TULARE
WHEREAS, on February 16, 2010, the City Council of the City of Tulare adopted Resolution 10-11, establishing administrative policies, rules and procedures for the conduct of its proceedings as provided for in California Government Code § 36813 entitled Handbook of Rules and Procedures of the City Council of the City of Tulare (“Handbook”); and
WHEREAS, the Council may amend the Handbook by majority vote; and WHEREAS, the Mayor requested and the Council approved the amended Handbook formalizing the process for councilmembers to request future agenda items.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The Handbook is hereby amended as presented in Exhibit A and shall replace and supersede, in whole, any prior version.
Section 2. The Handbook shall be in effect upon adoption and remain in effect until such time as it is amended or new rules are adopted.
PASSED, APPROVED, AND ADOPTED on November 15, 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
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 15, 2022, by the following vote:
AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: November ____, 2022
By Melissa Hermann, Chief Deputy City Clerk
Resolution 2022-XX
Exhibit A
See attached.
Handbook of
Rules and Procedures
of the City Council of the
City of Tulare
Preface
As provided by California Government Code Section 36813, the City Council of the City of Tulare established the Handbook of Rules and Procedures contained therein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.
In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff and the general public. This document is to be known as “The Handbook of Rules and Procedures of the City Council of the City of Tulare.”
Adopted February 16, 2010 by Resolution 10-11
Amended August 21, 2018 by Resolution 18-46
Amended July 19, 2022 by Resolution 2022-37
Amended November 15, 2022 by Resolution 2022-XX
Table of Contents
Chapter 1 – General Information, Powers, and Duties.......................................... 1 A. The City of Tulare....................................................................................... 1 B. Council Elections........................................................................................ 1 C. Vacancies................................................................................................... 1 D. Mayor/Vice Mayor Selection....................................................................... 1 E. Compensation and Benefits ....................................................................... 1 F. City Clerk.................................................................................................... 2 G. City Attorney............................................................................................... 2 H. Triangle of Policy, Process, and Product ................................................... 2 I. Mayor as Presiding Officer and Duties Thereto.......................................... 3 J. Vice Mayor ................................................................................................. 3 K. Rules and Procedures................................................................................ 3 L. Interference in Staff Functions ................................................................... 4 M. Council Voting............................................................................................ 4 Chapter 2 – City Council Meetings........................................................................ 5 A. Regular Meetings ....................................................................................... 5 B. Special Meetings........................................................................................ 5 C. Study Sessions .......................................................................................... 5 D. Closed Sessions ........................................................................................ 5 E. Agenda....................................................................................................... 6 F. Call to Order............................................................................................... 6 G. Quorum ...................................................................................................... 6 H. Lack of Quorum.......................................................................................... 6 I. Recognition to Speak – Councilmember.................................................... 6
1. Interruptions:......................................................................................... 7
2. Public Hearings: ................................................................................... 7 J. Councilmembers’ Obligation After Absence............................................... 7 K. Adjournment of Meeting ............................................................................. 7 L. Agenda Items Out of Order ........................................................................ 7 M. Audio Recordings....................................................................................... 7 N. Agenda Format for Regular Meetings ........................................................ 7 O. Components of Regular Meetings.............................................................. 8
1. Public Comments ................................................................................. 8
2. Communications................................................................................... 8
3. Consent Calendar................................................................................. 8
4. Public Hearings and General Business ................................................ 9 P. Minutes....................................................................................................... 9 Q. Legislative Procedures............................................................................... 9 R. Appeals ...................................................................................................... 9 S. Appointments ...........................................................................................10 T. Addressing the City Council .....................................................................10
1. Speaker Form and Speaker Time.......................................................10
2. One Speaker at a Time ......................................................................10
3. Questions and Comments from the Public .........................................10
4. Addressing the City Council After a Motion is Made...........................10 U. Continued Agenda Items..........................................................................10 V. Public Hearing Closed..............................................................................11 W. Cancellation of Meeting............................................................................11 X. Staff Updates ...........................................................................................11 Y. Future Agenda Items................................................................................11 Chapter 3 – Decorum..........................................................................................13 A. Enforcement of Decorum .........................................................................13 B. Conduct in the Council Chamber .............................................................13
1. Council Chamber Defined ..................................................................13
2. Rules of Decorum for the Public.........................................................13
3. Rules of Conduct and Safety..............................................................13
4. Removal from the Council Chamber...................................................14
5. Cell Phones ........................................................................................14
6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video .........................................................................................14 C. Courtesy...................................................................................................14
1. Councilmembers.................................................................................14
2. City Employees...................................................................................15
3. Public Speakers..................................................................................15
4. Appointed Members of Boards, Commissions, and Committees........15 D. Noise in the Lobby ...................................................................................15 E. Crowd Control in the Council Chamber....................................................15 F. Smoking ...................................................................................................16 G. Food and Drink.........................................................................................16 H. Distribution of Materials in the Council Chamber .....................................16 Chapter 4 – Procedural Rules.............................................................................17 A. Rules of Order..........................................................................................17 B. Rules of Discussion..................................................................................17
1. Withdrawal of Motion..........................................................................17
2. Voting ................................................................................................. 17
3. Failure to Vote ....................................................................................17
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification.............................................................................................17
5. Abstention/Recuse: Conflict of Interest...............................................17
6. Tie Votes ............................................................................................18
7. Motion for Reconsideration................................................................. 18 C. Council Dais.............................................................................................18 Chapter 5 – Administrative Rules........................................................................20 A. Purchase by Contract or in the Open Market ...........................................20 B. Public Works to be Done by Contract ......................................................20 C. Execution of Documents ..........................................................................20
1. Ordinances, Resolutions, and Ceremonial Certificates ......................20
2. Contracts for Supplies, Public Buildings, and Work............................20
3. Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs over $50,000 ...............................................................................20
4. Acting City Manager Designation .......................................................21 D. Council Administrative Support ................................................................21
1. Mail.....................................................................................................21
2. Letters Addressed to Mayor and/or City Councilmembers .................21
3. Council Correspondence ....................................................................21
4. Clerical Support..................................................................................21
5. Council Notification of Significant Incidents ........................................21 E. Rules and Procedures Administration ......................................................22
1. Review of City Council Rules and Procedures ...................................22
2. Adherence to Rules and Procedures..................................................22
3. City Attorney as Rules and Procedures Advisor................................. 22
4. Adherences to Administrative Procedure and Process of Rules and Procedures ..................................................................................................22
5. Applicability of Rules and Procedures ................................................22 F. Conflict with City Charter, Municipal Code, Procurement Policies, Administrative Policies, and State or Federal Law ..........................................22 Handbook of Rules and Procedures - Tulare City Council Page 1 Chapter 1 – General Information, Powers, and Duties
A. The City of Tulare
The City of Tulare is a charter city which operates under a City Council-City manager form of government. Under this form of government, the elected City Council sets the policies for the operation of the Tulare City Government as well as the City. These policies are implemented by staff. The administrative responsibility to carry out the policies set by the City Council rests with the city manager who is appointed by the City Council.
B. Council Elections
The City Council consists of five members elected by district. Each councilmember serves four-year staggered terms without limit. Elected officials serve until their successor has been elected and qualified. Elections are held in November of evennumbered years.
The City contracts with the County of Tulare to administer municipal elections.
C. Vacancies
Pursuant to Section 9 of the City Charter, “A vacancy in any elective office, from whatever cause arising, shall be filled by appointment by the Council, such appointee to hold office until the next general Municipal Election, when a successor shall be chosen by the electors for the unexpired term. All appointees shall be qualified electors of the district which was vacated. If the Council fails to agree or for any other reason does not fill such vacancy within 30 days after the same occurs, then such vacancy shall be filled by the mayor; provided, however, that if for any reasons the seats of a majority of the Council shall become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted as herein provided for general municipal elections.
If any officer of the City shall remove from the City, or absent himself/herself therefrom for more than thirty (30) days consecutively without the permission of the Council, or shall fail or qualify, or shall resign, or be convicted of a felony, or be adjudged insane, his/her office shall thereupon become vacant.” D. Mayor/Vice Mayor Selection
The mayor and vice mayor are members of the City Council and selected by members of the Council. These positions serve a two-year period without limit. Both positions carry additional responsibilities, but neither position carries additional power beyond those of all other councilmembers.
E. Compensation and Benefits
The City Charter provides that councilmembers, including the mayor, receive $5.00 per regular meeting attended (maximum of $10/month). At their option, they can participate in the City’s health and life insurance program in the same manner as regular employees. Expenses for City-related business (e.g. meetings, conference Handbook of Rules and Procedures - Tulare City Council Page 2 attendance, League division dinners, etc.) are covered by the City pursuant to the Council Travel Policy.
F. City Clerk
Since 1987, the city manager has held the official title of City Clerk; however, the Office of the City Clerk is supported by a chief deputy and deputy city clerk who carry out the official functions of the city clerk. When reference is made to the “City Clerk,” these positions are inclusive of that title.
The city clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). Before and after the City Council acts, the city clerk, in consultation with the city attorney, ensures that actions follow all federal, state, and local statutes and regulations, and that all actions are properly executed, recorded, and archived.
The statutes of the State of California prescribe the basic functions and duties of the city clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City departments, and the general public rely for information regarding the operations and legislative history of the City. The city clerk serves as the liaison between the public and City Council and provides related municipal services.
G. City Attorney
In accordance with the Tulare City Charter, the City Council shall appoint the city attorney who shall be an attorney-at-law, duly admitted to practice in the courts of this state, and having practiced therein at least two years.
In the event that it is deemed necessary by the city attorney to hire either special or conflict counsel to act in the place of, or in conjunction with, the city attorney for major and significant projects or litigation, the city attorney shall bring forth such a recommendation to the City Council for approval at a regular or special meeting and be designated to execute the necessary document to facilitate those contracts.
H. Triangle of Policy, Process, and Product
The City Council establishes the Policy establishing vision and direction for the community’s future.
The city clerk, in consultation with the city attorney, oversees the Process ensuring that the decision-making process complies with federal, state, and local regulation, and that it is properly recorded.
Handbook of Rules and Procedures - Tulare City Council Page 3 The city manager provides the Product which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.
I. Mayor as Presiding Officer and Duties Thereto
The mayor shall be recognized as the official head of the City of Tulare for all ceremonial purposes and by the Governor for military purposes. In the time of public danger or emergency, the mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The mayor shall act as the presiding officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all councilmembers by these rules and shall not be deprived of any of the rights and privileges of a councilmember as such presiding officer. The mayor shall possess no veto power.
The mayor shall preserve strict order and decorum of council meetings at all times.
The mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: The length of time persons may speak, require that, if desirable, a spokesperson address the Council on behalf of a group of persons and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the mayor shall announce the results of the vote. The mayor is eligible to vote on all motions, and shall direct the order of participation of councilmembers. The mayor shall, in all instances, have the last chance to speak.
The mayor shall sign all ordinances and resolutions adopted by the City Council during the mayor’s presence. The mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.
J. Vice Mayor
In the absence of the mayor, the vice mayor shall possess and perform the power and duties of the mayor. In that capacity, the vice mayor shall sign ordinances and resolutions adopted in his/her presence. The vice mayor shall also sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.
K. Rules and Procedures
Simple parliamentary decorum shall govern meetings. The mayor shall ask for a motion and a second prior to calling for a voice vote (e.g. ayes, nays, abstentions) absent an electronic voting device. The mayor has the right to direct the clerk to poll the Council on any matter, beginning with the member who motioned, then the member who seconded, and left to right thereafter, with the mayor being polled last.
Amendment to, or adoption of, new City Council Rules shall be accomplished by majority vote of the Council.
Handbook of Rules and Procedures - Tulare City Council Page 4 Any councilmember may move the mayor to enforce the rules and a majority vote of the City Council shall require the mayor to so act. The Council may at any time by majority vote set aside these policies for purposes of any agenda item.
L. Interference in Staff Functions
The City Council shall deal with the administrative services of the City only through the city manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the city manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the city manager.
The City Council shall deal with the Office of the City Attorney only through the city attorney, except for the purpose of inquiry, and neither the City Council nor any member thereof, may give orders to subordinates of the city attorney.
M. Council Voting
A majority, also known as a simple majority, is a subset of a group that is more than half of the entire group (ex. 50% plus 1 of the members present at a given meeting).
A two-thirds majority means that two-thirds of the members present or more must agree to the proposition. Items which need a two-thirds majority approval require four councilmembers to vote for approval if all councilmembers are present. If one councilmember is absent on an item which needs a two-thirds approval, the vote for approval must be unanimous.
Handbook of Rules and Procedures - Tulare City Council Page 5 Chapter 2 – City Council Meetings
A. Regular Meetings
Regular meetings of the City Council shall be open to the public and held on the first and third Tuesdays of every month at the hour of 7:00 p.m. Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day, not a holiday, as if it were a regular meeting.
B. Special Meetings
A special meeting may be ordered at any time by the mayor or by their designee whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law.
C. Study Sessions
The City Council may meet in a “study session” called as a special meeting for the purpose of acquiring information on a particular subject or subjects. Study sessions shall be open to the public. Study sessions are not public hearings; however, public input will be received.
D. Closed Sessions
Consistent with Government Code Section 54954.2, the Council may hold closed sessions during any regular or special meeting or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.
The general subject matter for consideration shall be expressed in an open meeting before such session is held. After closed session, the legislative body must reconvene to open session and is required to disclose any reportable action taken along with the vote, or announce that no reportable actions were taken.
In a closed session, the legislative body can consider only matters covered in its agenda descriptions. Councilmembers shall keep all written materials and verbal information provided to them on matters that are confidential under law in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials should be made to anyone other than councilmembers, city attorney, or city manager, unless one of the aforementioned is precluded or a subject thereof.
If the City Council, in closed session, has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. Unless specifically authorized by Council’s action, a councilmember should not have any contact or discussions Handbook of Rules and Procedures - Tulare City Council Page 6 with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions.
All public statements, information, press releases, should be handled by the designated representative or spokesperson.
Government Code Section 54963 (a) – (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential closed session discussions without first receiving authorization from the legislative body.
E. Agenda
Prior to each Council meeting, the city manager, with input from department heads and the city attorney, shall set the agenda, reviewing same with the mayor. The city clerk shall arrange such matters, including all ordinances, resolutions, reports, communications, contracts, documents, or other matters as may have been timely provided for inclusion in the agenda.
F. Call to Order
The meetings of the City Council shall be called to order by the mayor, or in the mayor’s absence, by the vice mayor. In the absence of the mayor and vice mayor, the meeting shall be called to order by the most senior councilmember present. This person shall serve as the Council’s presiding officer until the arrival of the mayor or vice mayor or until adjournment of the meeting.
G. Quorum
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances require at least three affirmative votes. All resolutions and all orders for the payment of money require a simple majority of those members present.
H. Lack of Quorum
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned, or if no member of the City Council is present, the city clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment at or near the door of the place where the meeting was held.
I. Recognition to Speak – Councilmember
Every councilmember desiring to speak shall address the mayor and, upon recognition by the mayor, shall confine his or her remarks to the item coming before the City Council.
Handbook of Rules and Procedures - Tulare City Council Page 7
1. Interruptions:
A councilmember, once recognized, may voice concerns, comments, or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein and/or the mayor call the item to order.
2. Public Hearings:
Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.
J. Councilmembers’ Obligation After Absence
When a councilmember is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that councilmember to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.
K. Adjournment of Meeting
The mayor, or presiding officer, shall adjourn the meeting. In the instance of the lateness of the hour, the mayor may adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.
L. Agenda Items Out of Order
Upon request by any councilmember and consent of a majority of the City Council present, the Council may modify the order of the agenda at the meeting if such modifications would promote fluidity in the process and discussions.
M. Audio Recordings
All regular meetings (except closed sessions) of the City Council are audio recorded as well as all special meetings, inclusive of, but not limited to study sessions, and budget sessions. Audio recordings are in digital format and are to be archived for a minimum of five years.
N. Agenda Format for Regular Meetings
The agenda format for City Council regular meetings may be prepared to include, but not limited to, the following categories and/or sub-categories, not necessarily in the order herein reflected.
Handbook of Rules and Procedures - Tulare City Council Page 8
CALL TO ORDER
PLEDGE OF ALLEGIANCE AND INVOCATION
PRESENTATIONS (INCLUDES PROCLAMATIONS/RECOGNITIONS)
PUBLIC COMMENTS
COMMUNICATIONS
CONSENT CALENDAR
PUBLIC HEARINGS
GENERAL BUSINESS
MAYOR/COUNCIL REPORTS OR, UPDATES AND ITEMS OF INTEREST
STAFF/COUNCIL UPDATES AND FUTURE AGENDA ITEMS
FUTURE AGENDA ITEMS
CLOSED SESSION
ADJOURNMENT
O. Components of Regular Meetings
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:
1. 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.
2. 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.
3. 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.
Handbook of Rules and Procedures - Tulare City Council Page 9
4. Public Hearings and General Business
Comments related to Public Hearing and General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.
P. Minutes
The City Council utilizes action minutes. Action minutes or decision-only minutes exclude any discussions that went into making the decision and capture the conclusion and/or action taken. The digital audio recordings shall serve as the verbatim record.
Minutes may be approved under the Consent Calendar without reading; however, if a councilmember raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record with Council’s consensus of a majority present and approved at that meeting in which it is addressed.
Q. Legislative Procedures
Generally, legislative proceedings shall be conducted in the following order:
Introduction of the item by the city manager
Staff presentation
If applicable, public hearing opened by mayor
Public comments received
If applicable, public hearing closed by mayor
Questions by councilmembers
Discussion by councilmembers
Action by City Council
Appeal proceedings shall be conducted in the following order:
Introduction of the item by the city manager
Staff presentation
Hearing opened by mayor
Appellant’s comments
Public comments
Rebuttal-Appellant comments
Hearing closed by mayor
Questions by councilmembers
Discussion by councilmembers
Action by City Council
R. Appeals
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda; the decision of which shall be factored upon the Council’s decision on appeal.
Handbook of Rules and Procedures - Tulare City Council Page 10 S. Appointments
Appointment to City boards, commissions, and committees shall be made as set forth in the Boards, Commissions, and Committees Handbook adopted by the Tulare City Council in 2008 as may be amended from time to time.
T. Addressing the City Council
1. Speaker Form and Speaker Time
A person desiring to address the City Council is encouraged to complete a speaker form. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When deemed necessary, the mayor may allocate a longer speaker time other than what is noted on the agenda without objection from the City Council.
Each person shall stand at the podium, if one is available, and is asked to state and spell their name and provide city of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor. No question shall be asked of a councilmember or a member of City staff except through the mayor.
2. One Speaker at a Time
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the mayor. All discussions shall be through the mayor, and no question shall be asked of a councilmember or City staff except through the mayor.
3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comments.
4. Addressing the City Council After a Motion is Made
No person in the audience may address the City Council after a motion is made without first securing permission from the mayor to do so. Upon recognition by the mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.
U. Continued Agenda Items
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a Handbook of Rules and Procedures - Tulare City Council Page 11 continuance shall inform the city clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made. The city clerk shall inform the mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.
V. Public Hearing Closed
Once a public hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of a councilmember addressed through the mayor; however, a public hearing may be re-opened by a majority approval by the Council to hear new information.
W. Cancellation of Meeting
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting, it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also be referenced under items of interest on the agenda for the meeting immediately preceding the canceled meeting date. All noticing of the canceled meeting will be done by the City clerk in accordance with State law.
X. Staff Updates
This is the time that staff is called upon by the mayor to give updates of information and items of interest in the community.
X.Y. Future Agenda Items
Staff Updates and Future Agenda Items is the section of the agenda in which the City Council may request and receive majority approval of the Council to add items to a future agenda.The purpose of this procedure is to establish a clear, effective, and easily understood process for members of the City Council to have items placed on the City Council agenda for consideration.
In that regard, Councilmembers may submit a written request by using the Council Item Request Form to the City Clerk’s Office for inclusion of an item on a City Council agenda. At the meeting where the request is heard, discussion shall be limited to whether the item should be added to an agenda, not the merit of the item.
In order to be included on the next available Council agenda, requests must be received by the city clerk from a councilmember no later than the Monday of the week prior to the Council meeting (eight days prior to the meeting).
The procedure for consideration as a future agenda item shall be as follows:
Handbook of Rules and Procedures - Tulare City Council Page 12
1. Members of the City Council shall use the Council Item Request Form as formatted by the City Clerk’s Office to submit a timely written request for inclusion of an item on a future City Council agenda.
2. Once the Council Item Request Form is timely received by the City Clerk’s Office, it will be placed on the next agenda of a regular meeting. The completed Council Item Request Form will be included in the agenda packet for Council review prior to the next Council meeting.
3. No more than 10 items total may be submitted collectively for consideration by all councilmembers at any regular meeting, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting. In the event more than 10 items are submitted collectively by the councilmembers to the City Clerk’s Office for consideration at a regular meeting, no more than two items shall be accepted by the City Clerk’s Office for consideration from any one councilmember.
4. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the city manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.
Handbook of Rules and Procedures - Tulare City Council Page 13 Chapter 3 – Decorum
A. Enforcement of Decorum
The Chief of Police, or his/her designated representative is the sergeant-at-arms of the City. The sergeant-at-arms shall attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chamber, lobby, or other designated meeting location, unless excused by the mayor. Upon instructions from the mayor, the sergeant-at-arms shall eject any person from the City Council Chamber, in conformance with State law.
B. Conduct in the Council Chamber
1. Council Chamber Defined
Council Chamber shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined and noticed in accordance with the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.
2. Rules of Decorum for the Public
There are multiple opportunities to address the City Council during a Council meeting. During these opportunities, members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from the meeting per Government Code Section 54954.3. Any person who engages in such disruptive behavior may be guilty of a misdemeanor. This section does not prohibit any expressions, actions, or behavior that are otherwise protected by the First Amendment.
3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chamber. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chamber, including cellular phones or pagers, without first either turning said equipment off or switching it to a silent mode.
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4. Removal from the Council Chamber
Subject to provisions of Section 2 above, any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chamber per Government Code Sections 54954.3 and 54957.951. (a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; and,
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; and, (c) Disobedience of any lawful order of the mayor, which shall include an order to be seated or to refrain from addressing the City Council; and, (d) Any other unlawful interference with the due and orderly course of said meeting.
5. Cell Phones
In order to minimize interference to audio recording equipment during a City Council, cell phones shall be turned off or placed on silent during all meetings.
6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video
The use of media equipment that enables recording of information of an open and public meeting is permissible absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings or to the other members of the audience.
In the event that use of media equipment is disruptive, the Presiding Officer may first seek to remedy the disturbance with the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.
If the equipment operator refuses to make such accommodations the mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chamber/meeting location.
C. Courtesy
1. Councilmembers
Councilmembers shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.
1 Senate Bill 1100, signed into law, adds Section 54957.95 to Government Code, effective January 1, 2023.
Handbook of Rules and Procedures - Tulare City Council Page 15
2. City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.
3. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Public Comments section of the agenda. The right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.
While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under Public Comments section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chamber. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the city manager to contact law enforcement.
4. Appointed Members of Boards, Commissions, and Committees Appointed members of boards, commissions, and committees of the City shall observe the same rules of order and decorum applicable to the City Council.
D. Noise in the Lobby
Noise emanating from the lobby outside the City Council Chamber which disrupts City Council meetings shall not be permitted.
E. Crowd Control in the Council Chamber
If the city manager, or the city manager’s designee, anticipates a crowd larger than the maximum number of attendees allowed in the City Council Chamber, they shall meet with the mayor and discuss alternatives for accommodation of the potential number of people in excess of that allowable at the location.
Handbook of Rules and Procedures - Tulare City Council Page 16 F. Smoking
It is unlawful for any person to smoke in the City Council Chamber.
G. Food and Drink
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chamber.
H. Distribution of Materials in the Council Chamber
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chamber.
Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Public Comments, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the city clerk and requesting such material be distributed on their behalf.
Such other literature may only be displayed or distributed outside the City Council Chamber area.
Handbook of Rules and Procedures - Tulare City Council Page 17 Chapter 4 – Procedural Rules
A. Rules of Order
The City Council establishes these rules and may amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council procedures shall be accomplished by a majority vote.
B. Rules of Discussion
1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the councilmember who seconded the motion.
2. Voting
The City Council, in the absence of an electronic voting device, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the mayor. Silence shall be recorded as an affirmative vote, unless recusal is required by law, in which case silence shall be recorded as a recusal and the reason for such recusal must be publicly stated by the councilmember, or if requested, by the city attorney. The presiding officer shall announce the results of the vote. The city clerk shall show on ordinances and resolutions the names of councilmembers and their respective votes.
3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every councilmember to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A councilmember who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A councilmember who chooses to abstain from voting without identifying a legal disqualification shall be counted as an affirmative vote. A councilmember shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A councilmember who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.
5. Abstention/Recuse: Conflict of Interest
Councilmembers shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the Consent Calendar, the abstaining Handbook of Rules and Procedures - Tulare City Council Page 18 councilmember shall leave the dais and the Council Chamber when the item is announced until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum. Further requirement on abstention and absence from the Chamber may be imposed by State law.
A councilmember may speak during public comment or as part of a public hearing process on their own behalf, as opposed to on behalf of someone else or on behalf of, or in their role as a councilmember, on a matter that directly affects their financial interest even when declaring a conflict of interest. Thus, while a councilmember would have to claim a conflict of interest on a matter affecting a piece of property in which the councilmember has a financial interest, they could address the Council, speaking to what the impact would be to their property. Any councilmember who chooses to speak on an item as an individual resident, that they are legally disqualified from participating as a councilmember, shall do so at their own risk and subject to any consequences from FPPC.
6. Tie Votes
When one councilmember is absent and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all councilmembers will be present, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council or when the absence of a councilmember is due to a disqualification for a conflict of interest. The City Council exercises “appellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission could, but for an appeal to the City Council, confer final approval. In these instances a tie vote constitutes a non-action, which is a denial of the appeal.
7. Motion for Reconsideration
Upon final vote by the Council of any agenda item, a motion for reconsideration may be made, but only during the Council meeting wherein the agenda item was approved or denied. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council. If the motion to reconsider passes, then a member of Council may make a new motion related to the same item.
C. Council Dais
The City Council seating area, most commonly referred to as the dais, is restricted to Council and City staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the city clerk for dissemination to the Council, and made part of the record.
Handbook of Rules and Procedures - Tulare City Council Page 19 The dais consists of a half-circle (180º) seating arrangement which shall be as follows:
1. Seating for City Council, City Manager, and City Attorney The Council, city manager, and city attorney shall occupy the seven seats in the middle of the City Council Dais. Seating in the seven seats shall be (facing the audience): The city attorney near the city clerk on the far left, the city manager on the far right, the mayor in the middle, the vice mayor to the left of the mayor, and the immediate past mayor to the right of the mayor. The seating of the remaining two councilmembers shall be as agreed between them and, if not agreed upon, as designated by the mayor. In the event the out-going mayor is not continuing as a councilmember, that seat shall be occupied as agreed upon by said councilmembers and, if not agreed upon, as designated by the mayor.
2. Seating of City Staff
All other seating on the dais by City staff shall be as designated by the city manager.
Handbook of Rules and Procedures - Tulare City Council Page 20 Chapter 5 – Administrative Rules
A. Purchase by Contract or in the Open Market
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market.
Until the Council shall otherwise provide by Ordinance, the chief financial officer shall act as Purchasing Agent.
B. Public Works to be Done by Contract
All public buildings and work, when the expenditure therefor shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.
C. Execution of Documents
1. Ordinances, Resolutions, and Ceremonial Certificates The mayor as presiding officer, or in his absence, the vice mayor, shall execute all ordinances and resolutions. Ceremonial resolutions, proclamations, and certificates will be, whenever possible, executed by the entire City Council.
2. Contracts for Supplies, Public Buildings, and Work
All contracts for supplies, public buildings and work shall be approved as to form by the city attorney, shall be signed by the mayor or in his absence the vice mayor, and attested to by the city clerk.
3. Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs over $50,000
Pursuant to the City’s Purchasing Policy, all agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs over $50,000 shall be, upon approval of Council, approved as to form by the city attorney, shall be signed by the city manager, or his/her designee, and attested to by the city clerk.
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4. Acting City Manager Designation
In that the city manager is required or permitted to be away from the City from time to time, due to conferences, training, business trips, vacations, etc., the city manager has the authority to use discretion in selecting and designating an acting city manager to carry out the ministerial duties for the duration of their absence as set forth in the Acting City Manager Designation Form. Such designee shall be an employee of the City.
D. Council Administrative Support
1. Mail
All general mail is opened, date stamped, and routed to the addressee.
2. Letters Addressed to Mayor and/or City Councilmembers All letters addressed to the mayor and/or councilmembers requiring a response from staff are copied to the city manager. If so directed by Council, a copy of the responses mailed, along with the original letters, will be provided to each councilmember.
Letters addressed to the mayor and/or councilmembers that do not require a response, but provide information on Council agenda items or like matters, will be copied to the full Council.
Mail pertaining to specific meetings where an individual councilmember is the appointed representative of the Council is opened, said mail will be distributed to that councilmember and not copied to the full Council.
3. Council Correspondence
All councilmembers correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual councilmember’s positions. All councilmember correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.
4. Clerical Support
The City Clerk’s Office will coordinate the typing of correspondence requested by individual councilmembers for communications reflecting the position of the full Council. All correspondence typed for councilmember will be on City letterhead and will reflect the position of the full Council, not individual councilmember and will be copied to the full Council.
5. Council Notification of Significant Incidents
In conjunction with the City public safety departments, the City Manager’s Office will report on significant incidents immediately once known, but any means able to provide notice as soon as possible.
Handbook of Rules and Procedures - Tulare City Council Page 22 E. Rules and Procedures Administration
1. Review of City Council Rules and Procedures
The Council will review and revise the Handbook of Rules and Procedures as needed.
2. Adherence to Rules and Procedures
During City Council discussions, deliberations and proceedings, the mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.
3. City Attorney as Rules and Procedures Advisor
At the behest of the full Council, the city manager may be directed to confer with the city attorney in interpreting the City Council’s adopted Rules and Procedures and proposed changes.
4. Adherences to Administrative Procedure and Process of Rules and Procedures
The Council has delegated the city manager responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a councilmember. The city manager will discuss with the councilmember the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the city manager will report the concern to the full Council.
5. Applicability of Rules and Procedures
The City of Tulare City Council Handbook of Rules and Procedures shall also apply to all boards, commissions and committees as established by the City Council.
F. Conflict with City Charter, Municipal Code, Procurement Policies, Administrative Policies, and State or Federal Law
If there is any conflict contained hereinabove with the City Charter, Municipal Code, Procurement Policies, Administrative Policies, and State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.
City of Tulare
Agri-Center of the World
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE
ITEM TITLE
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Dennis A. Mederos 11/7/2022 11/15/2022
1. Utility Bill Late Charge
Frequently, I have received complaints from constituents regarding the late charge they are assessed if their payment doesn't arrive at the Los Angeles Post Office Box on time. Many people mail their utility bill payment or use Bill Pay provided by their financial institution. The mail is woefully slow these days. The late payment penalty is 10% of the outstanding bill which equates to a 120% per annum charge. On its face, this appears to be very excessive.
If agreed to by a consensus of the Council, I would like to have this matter placed on a future Agenda for analysis and review as to whether this late charge is appropriate. I believe the City Attorney should also review this issue to render an opinion as to whether this is legally excessive. Staff, after analysis and review, can then bring this matter back to the Council with a recommendation so we can determine if the appropriate Ordinance regarding the late fee should be modified.
DAM