Agenda packet — Tulare City Council, December 6, 2022

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

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

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

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

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that particular agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Citizen Comments portion of the meeting.
• When invited by the Mayor to speak, please step up to the podium, state your name and city where you reside, and make your comments. Comments are limited to three minutes per speaker.

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

Agri-Center of the World
Mayor
Dennis A. Mederos, District 4
Vice Mayor
Terry A. Sayre, District 2
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Patrick Isherwood, District 5
City Council Agenda – Special and Regular Meetings December 6, 2022 City of Tulare Page 2
NOTICE IS HEREBY GIVEN, pursuant to section 54956 of the California Government Code, that a special meeting of the City Council of the City of Tulare is hereby called.

1. CALL TO ORDER SPECIAL MEETING

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the agenda only; therefore, public comment will be received during the City Council consideration of the item. Each speaker will be allowed three minutes per item.

2.1. Update and seek City Council input on the status of the Downtown Master Plan Update process. [Submitted by: T. Myers]

3. ADJOURNMENT OF SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION

6. 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.

7. 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.

8. COUNCIL REPORTS AND ITEMS OF INTEREST

9. 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.

9.1. Authorization to read ordinances by title only.

9.2. Approve minutes of the November 15, 2022, special and regular meetings. [Submitted by: M. Hermann]
6:00 p.m. – SPECIAL MEETING (STUDY SESSSION)
City Council Agenda – Special and Regular Meetings December 6, 2022 City of Tulare Page 3

9.3. Second reading and adoption of Ordinance 2022-16 amending the Zoning Map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 748. [Submitted by: M. Hermann]

9.4. Approve the final map for Fernjo Estates (Orchard 79) subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller]

9.5. Approve the final map for Phase 3 of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller]

10. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

10.1. Pass to print an ordinance repealing and replacing Title 3 (Fire Regulations), adding Chapter 7.05 (Code Enforcement Officer) of Title 7, amending Section 7.28.030 of Chapter 7.28 (Nuisances Generally) of Title 7, and repealing Chapter 8.20 (Weed Abatement) of the Tulare Municipal Code. [Submitted by: R. Leonardo]

11. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

11.2. Review and consider a of term sheet precedent to entering into an operating agreement with Spade Entertainment to serve as operator of the Zumwalt Park Amphitheatre. [Submitted by: J. Glick]

12. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING

AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

13. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY

COUNCIL

14. STAFF UPDATES

15. FUTURE AGENDA ITEMS - None Submitted

16. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 20, 2022, at 7:00 p.m. in the Council Chamber at the Tulare Public Library, 491 North M Street, Tulare, California.

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

City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Friday, December 2, 2022, at City Hall, 411 E. Kern Avenue, as well as on the City’s website.

POSTED BY: Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: December 6, 2022 Agenda Memo
Date: December 2, 2022
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. 6:00 p.m. - SPECIAL MEETING (STUDY SESSION)

1. CALL TO ORDER SPECIAL MEETING

2.1. Update and seek City Council input on the status of the Downtown Master Plan Update process. [Submitted by: T. Myers]

3. ADJOURNMENT OF SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION

7. 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 Tulare City Council Page 2
Agenda Memo – December 6, 2022
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.

8. COUNCIL REPORTS AND ITEMS OF INTEREST

9. CONSENT CALENDAR - [Time Estimate: 7:30-7:40 p.m.] All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

9.1. Authorization to read ordinances by title only.

9.2. Approve minutes of the November 15, 2022, special and regular meetings. [Submitted by: M. Hermann] The minutes of the November 15, 2022, special and regular meetings are submitted for Council approval. Staff recommends Council approve as presented.

9.3. Second reading and adoption of Ordinance 2022-16 amending the Zoning Map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 748. [Submitted by: M. Hermann] At the regular meeting of the City Council on November 15, 2022, the City Council held the first reading of and introduced the ordinance concerning amending the Zoning Map of the City being a part of the Section

10.04.04 of said Code Zone Amendment No. 748. As required by law, the final reading and adoption of said ordinance must occur at a regularly scheduled meeting, and, accordingly, City staff hereby presents that same ordinance, unchanged, for consideration by the Council. Staff recommends Council adopt Ordinance 2022-16 amending the Zoning Map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 748.

9.4. Approve the final map for Fernjo Estates (Orchard 79) subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller] Planning Commission Resolution No. 5334 adopted on August 12, 2019 approved the tentative subdivision map for the Fernjo Estates subdivision located on the east side of Mooney Boulevard, approximately .25 miles south of Bardsley Avenue. The overall subdivision comprises approximately

18.1 acres and consists of 80 single family residential lots. The map requires public utility easements, block wall easements, street dedications, and lots dedicated in fee to the City for block wall, sidewalks, landscaping, and other public purposes.

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

A copy of Planning Commission Resolution No. 5334 and the draft final map is attached for reference. Staff recommends Council approve the final map for Fernjo Estates (Orchard 79) subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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Agenda Memo – December 6, 2022

9.5. Approve the final map for Phase 3 of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller] Planning Commission Resolution No. 5066 adopted on January 28, 2013 approved the tentative map for the KCOK Ranch subdivision located between Mooney Boulevard and Morrison Street, north of Seminole Avenue. The overall subdivision comprises approximately 110 acres and consists of 355 lots to be developed in 9 phases. The subdivision final map requires public utility easements, block wall easements, and street dedications dedicated in fee to the City for block wall, sidewalks, landscaping, and other public purposes.

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

A copy of Planning Commission Resolution No. 5066 and the draft final map is attached for reference. Staff recommends Council approve the final map for Phase 3 of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

9.6. Accept a grant of easement for slope grading purposes associated with the Oakcrest Subdivision and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M. Miller] The Oakcrest Subdivision is located half a mile west of West Street on Tulare Avenue. As a condition of approval, the developer was required to construct a portion of a master plan storm drain basin and extend Cromley Street to the south. The basin and Cromley Street extension are located on the west edge of the property, adjacent to an existing agriculture field. The western edge of the property was constructed above the adjacent agriculture land, which resulted in a graded slope from the development to the existing agriculture land. A slope easement is being granted to the City for maintenance of the graded slopes adjacent to City facilities. The slope easement will remain in place until the property to the west develops.

A copy of the slope easement and certificate of acceptance for said conveyances are attached. Staff recommends Council accept a grant of easement for slope grading purposes associated with the Oakcrest Subdivision and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.

9.7. Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Presido JJR Kensington II 100, LLC, a Delaware Limited Liability Company for construction costs associated with Phases 3 and 4 of the Kensington Estates subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller] As part of the Kensington residential development located on the northwest corner of Cartmill Avenue and Mooney Boulevard, Presido JJR Kensington II 100, LLC, is required to install a traffic signal at the intersection of Cartmill Avenue and De La Vina Street. The traffic signal improvements are required to address traffic operational concerns related to the intersection of Cartmill Avenue and De La Vina Street, and serve regional needs Tulare City Council Page 4
Agenda Memo – December 6, 2022
beyond what would be required for the development itself. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached preliminary oversize construction reimbursement agreement for the Cartmill Avenue and De La Vina intersection improvements identifies work that the City has required the Developer to complete that would be eligible for reimbursement under the City’s oversize reimbursement policy, and identifies the conditions under which the City would reimburse the Developer for their eligible expenditures, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program. Staff recommends Council authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Presido JJR Kensington II 100, LLC, a Delaware Limited Liability Company for construction costs associated with Phases 3 and 4 of the Kensington Estates subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

9.8. Approve the sale of APN 191-350-011 and APN 191-070-015 to Caltrans to construct the new interchange at International Agri-Center Way (formerly known as Commercial Avenue) on State Route 99 for the amount of $293,000. [Submitted by: J. McDonnell, M. Correa] At the May 4, 2021 Council meeting, staff met with Council in closed session for negotiations regarding the sale of city-owned property located next to State Route 99 south of Paige Avenue to Caltrans for the future development of the International Agri-Center Way (formerly known as Commercial Avenue) interchange. The property being sold comprises 72,745 sq./ft. of fee for APN 191-350-011 (Caltrans parcel number 88165) and 13,841 sq./ft. of fee for APN 191-070-015 (Caltrans parcel number 88226). The market value of the property being sold is based upon a market value valuation which is summarized on the attached Appraisal Summary Statement and in the amount $293,000.00. Staff recommends Council adopt a resolution approving the sale of APN 191-350-011 and APN 191-070-015 to Caltrans to construct the new interchange at International Agri-Center Way (formerly known as Commercial Avenue) on State Route 99 for the amount of $293,000.

9.9. Adopt a resolution authorizing the City Manager to execute the Permanent Local Housing Allocation (PLHA) Program application, the PLHA standard agreement and any subsequent agreement and any amendments or modifications thereto, as well as any other documents which are related to the Program or PLHA grant award to the City of Tulare. [Submitted by: A. Costales] In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. Revenues collected will fluctuate year-toyear, with 70 percent of all revenue to the Permanent Local Housing Allocation (PLHA) Program reserved for locally administered affordable housing. The City of Tulare, an entitlement jurisdiction, is eligible to receive assistance under PLHA in the Tulare City Council Page 5
Agenda Memo – December 6, 2022
form of grants based on the formula prescribed under federal law for the Community Development Block Grant Program. Beginning in 2020, the California Housing and Community Development (HCD) Department released a Notice of Funding Availability (NOFA) and application for PLHA grant funds on a yearly basis. The City must submit an application to HCD for each PLHA allocation (three to-date) specifying an eligible use and readiness within 48-months of the respective allocation. Information on authorizing legislation and program guidelines are available at https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent-local-housingallocation.

Eligible uses for PLHA formula allocations include the following:

1. Predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low, low, or moderate-income households, including necessary operating subsidies;

2. Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120-percent of AMI, or 150-percent of AMI in high costs areas. ADUs shall be available for occupancy for a term of no less than 30 days;

3. Matching portions of funds placed into local or regional housing trust funds;

4. Matching portions of funds available through the low- and moderate-income housing asset fund pursuant to subdivision (d) of HSC Section 34176;

5. Capitalized reserves for services connected to the preservation and creation of new permanent supportive housing;

6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing;

7. Accessibility modifications in lower-income owner-occupied housing;

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments;

9. Homeownership opportunities, including, but not limited to, down payment assistance;

10.Fiscal incentives made by a county to a city within the county to incentive approval of one or more affordable housing projects, or matching funds invested by a county in an affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing project. Matching funds investments by both the county and the city shall also be a grant or low-interest deferred loan to the affordable housing project.

On July 21, 2020, the City Council adopted resolutions 2020-39 and 2020-40, which established an investment plan for all PLHA funds the City receives and authorized the City Manager to execute PLHA Program applications, standard agreements with HCD, and all related documents. As a reference, the City’s adopted PLHA Program Tulare City Council Page 6
Agenda Memo – December 6, 2022
plan committed all grant funds in the form of a gap loan to Self-Help Enterprises, a real-estate development sponsor, for construction costs associated with Santa Fe Commons, 120-unit affordable multifamily project servicing households with incomes at or below 60 percent of area median income. To-date, the City requested and expended a total of $318,433 in PLHA grant funds, with an additional $1,039,615 available to draw against for construction costs with Santa Fe Commons. The overall amount of PLHA grant funds the City anticipates utilizing from the PLHA Program is $1,910,598.

The original resolution(s) identified the previous City Manager, Rob A. Hunt, as the signatory who may execute subsequent PLHA applications, standard agreements, and other all related documentation. And as such, HCD requests that City Council adopt a new resolution to transfer signatory authority to the new City Manager. Once adopted, the City may execute standard agreement 20-PLHA-15102 and proceed with the contribution of PLHA grant funds to construction of affordable rental housing. Staff recommends Council adopt a resolution authorizing the City Manager to execute the Permanent Local Housing Allocation (PLHA) Program application, the PLHA standard agreement and any subsequent agreement and any amendments or modifications thereto, as well as any other documents which are related to the Program or PLHA grant award to the City of Tulare.

10. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

10.1. Pass to print an ordinance repealing and replacing Title 3 (Fire Regulations), adding Chapter 7.05 (Code Enforcement Officer) of Title 7, amending Section

7.28.030 of Chapter 7.28 (Nuisances Generally) of Title 7, and repealing Chapter

8.20 (Weed Abatement) of the Tulare Municipal Code. [Submitted by: R.

Leonardo] [Time Estimate: 7:40-7:55 p.m.] The 2022 California Fire Code has been incorporated into Title 24, as Part 9 of the California Code of Regulations and it will take effect on January 1, 2023. California Health & Safety Code Section 17958.5 authorizes the City, by ordinance, to make changes or modifications to the requirements contained within the provisions of the California Fire Code and other regulations adopted pursuant to California Health & Safety Code Section 17921(a) that result in more stringent local requirements.

This public hearing is to receive public input and provide opportunity for the Council to consider the approval an ordinance that will set forth the modification or changes to the California Fire Code fulfilling the requirements of the California Health & Safety Code. Staff would take this opportunity to also relocate the references to Code Enforcement Officer in order to better represent the current City structure.

The local amendments proposed for adoption are limited to those essential to effectively administer Code responsibilities in daily operations and to maintain previous amendments approved by Council relating to fire and life safety. The clarification of language as it pertains to fire lanes, and updating the code to allow Tulare City Council Page 7
Agenda Memo – December 6, 2022
reasonable guidelines for open burning. These amendments are listed in Title 3 of the City Code.

Along with the proposed changes to Title 3, staff is proposing adding Chapter 7.05 to Title 7, Health and Sanitation, regarding Code Enforcement Officers including duties, enforcement, and compliance, amending Section 7.28.030 regarding updating reference of Chapter 8.20 to Chapter 3.22, and repealing Chapter 8.20 (Weed Abatement) as this a chapter regarding Hazard/Weed Abatement is being added to Title 3 of the Code. Staff recommends Council pass to print an ordinance repealing and replacing Title 3 (Fire Regulations), adding Chapter 7.05 (Code Enforcement Officer) of Title 7, amending Section 7.28.030 of Chapter 7.28 (Nuisances Generally) of Title 7, and repealing Chapter 8.20 (Weed Abatement) of the Tulare Municipal Code.

11. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

11.1. Receive a presentation by Caltrans District 6 staff regarding their efforts to prepare a Complete Streets Study for the Inyo Avenue (State Route 137) corridor between West Street and I Street. [Submitted by: M. Miller] [Time Estimate: 7:55- 8:10 p.m.] At the request of City staff, Caltrans initiated studies on the Inyo Avenue (State Route 137) corridor between West Street and I Street to evaluate the need for additional pedestrian, bicycle and traffic calming facilities, and to identify recommended improvements that would allow the roadway to function as a complete street serving multiple modes of transportation. Staff recommends Council receive a presentation by Caltrans District 6 staff regarding a Complete Streets Study being prepared for Inyo Avenue (State Route 137) between West Street and I Street. Following the presentation, Councilmembers are encouraged to provide feedback regarding the presentation, including additional insight regarding how proposed improvements could be tailored to best meet the needs of the community.

11.2. Review and consider a term sheet precedent to entering into an operating agreement with Spade Entertainment to serve as operator of the Zumwalt Park Amphitheatre. [Submitted by: J. Glick] [Time Estimate: 8:10-8:25 p.m.] On December 7, 2021, City Council approved $9,820,000 of non-Category 3 American Rescue Plan Act (ARPA) funding to be used on various programs and projects to offset the economic impacts of the COVID-19 pandemic on the City of Tulare.

Included in this funding is $5,000,000 allocated for the construction of the Zumwalt Park Amphitheatre and renovation project.

On January 18, 2022 the City Council approved a contract with Lane Engineers for conceptual design services for the renovation of Zumwalt Park and Amphitheatre.

These were presented to members of the community in a public outreach meeting held on May 4, 2022. In addition, staff made the same presentation to the Tulare Parks and Recreation Commission on June 14, 2022 and has made similar presentations to a number of local groups and associations.

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Agenda Memo – December 6, 2022
On July 27, 2022, a Request for Proposals (RFP) for the Zumwalt Park Amphitheatre Operator was published and due on September 14, 2022. Staff advertised the RFP locally and on the City website. In addition, staff reached out to the following firms listed below, which currently operate amphitheaters, through email and personal phone calls:
• Live Nation,
• Spade Entertainment,
• AEG Worldwide,
• Grand Performances,
• Another Planet Entertainment,
• Source Management Group, and;
• Neste Live.

Staff received one proposal, from Spade Entertainment out of Folsom, California.

Spade Entertainment currently works with the City of Rocklin, City of Citrus Heights and the City of Sacramento on various entertainment projects. Spade Entertainment has over 25 years of experience in radio, special events and the concert business.

They produce live music, cultural events, music festivals and corporate rentals at various parks in Northern California. They produce a combined 70 shows a year at various locations with crowd estimates from 1,000 to 18,000 people. They strive to put “heads in beds at hotels and making your City a destination.” Over the past several weeks, staff has been discussing an operations and compensation term sheet with Spade Entertainment. The highlights of the term sheet (please see Attachment 1) are as follows:
• A three-year agreement with a three-year option
• The Operator will schedule 15 events the first year and more events in subsequent years
• The City will receive $1 for every ticket sold and will be responsible for collecting all parking revenue fees. The City will receive twenty percent of all sponsorship revenue collected after costs. The City will collect $1,000 for every private party rental that comes from the Operator.
• The City will pay the Operator $100,000 the first year and $75,000 in subsequent years for all aspects of event marketing/management for the venue.
• The City will be responsible for security deposits of $150,000 for each year of the agreement for the ability to book talent; In turn, the Operator would reimburse the City 100 percent of the booking fees 30 days after each event. • The Operator will handle all aspects of food and beverage at the venue. • The Operator will have commercial general liability insurance naming the City of Tulare as additional insured.

Staff recommends Council review and approve the draft term sheet included as Attachment 1 with Spade Entertainment to serve as operator of the Zumwalt Tulare City Council Page 9
Agenda Memo – December 6, 2022
Park Amphitheatre. If approved, staff will negotiate an operating agreement to the satisfaction of the City Manager and City Attorney.

12. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING

AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

12.1. Adopt a resolution of the Successor Agency to the former Tulare Redevelopment Agency approving and adopting the recognized obligation payment schedule for the July 1, 2023 through June 30, 2024 period and the Fiscal year 2023-24 Administrative Budget. [Submitted by: D. Ibanez] [Time Estimate: 8:25-8:30 p.m.] The Successor Agency to the former Tulare Redevelopment Agency will consider a resolution approving the Recognized Obligation Payment Schedule for the July 1, 2023 through June 30, 2024 period and the Fiscal Year 2023- 24 Administrative Budget.

Redevelopment agencies were dissolved statewide in 2012. The City of Tulare (“City”) elected to serve as the Successor Agency to the former Tulare Redevelopment Agency (“Successor Agency”). It is responsible for winding down former Tulare Redevelopment Agency (“Former RDA”) obligations. State law requires the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) on an annual basis to request funding for payments owed in the upcoming fiscal year. The Successor Agency must also prepare an administrative budget for the upcoming fiscal year.

The ROPS must be approved by the Oversight Board to the Successor Agency (“Oversight Board”) and submitted to the California Department of Finance (“DOF”).

The ROPS for the period July 1, 2023 through June 30, 2024 (“23-24”), attached as Exhibit “A,” is due to DOF by February 1, 2023. A copy of the ROPS must also be submitted to the Tulare County Auditor-Controller (“Auditor-Controller”) and the State Controller’s Office, and posted on the City website.

The ROPS requests funding for enforceable obligations from the Redevelopment Property Tax Trust Fund (“RPTTF”), or property tax increment revenue, as well as reserve balances and other funds. All ROPS expenses and funding sources must be approved by the Oversight Board and DOF.

The Tulare ROPS 23-24 requests $4,230,802 in expenses, of which $2,804,771 is from RPTTF, and $1,426,031 is from Reserve Balance. The following sections elaborate on the enforceable obligations listed on the ROPS and significant aspects of the Cash Balances.

Debt Service Payments (Items 21 through 24)
The 2017 Bond Indenture of Trust requires the Successor Agency to request funding for each calendar year’s debt service in the ROPS B period. The ROPS 23-24 requests to spend $1,426,031 in a reserve balance set aside from the ROPS 22-23 to pay debt service due in August 2023, $310,885 in RPTTF to pay debt service due in February 2024, and $1,505,885 in RPTTF as a reserve for debt service due in August 2024.

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Agenda Memo – December 6, 2022
City-Redevelopment Agency Loan (Item 12)
The City and the Former RDA entered into a Loan Repayment Agreement (“Agreement”) on April 20, 2010, which was subsequently amended on June 29, 2010, February 1, 2011, and March 9, 2011 (“Third Amendment”). In order to assist the Former RDA in carrying out its redevelopment activities, the City advanced funds to the Former RDA from time to time in accordance with cooperation agreements for individual redevelopment projects. The Third Amendment formally acknowledged the amount of outstanding advances and established formal repayment terms for the Agreement (“City-RDA Loan”).

State law limits annual payments on the City-RDA Loan to one half of the difference between the previous Fiscal Year’s residual revenue and the Fiscal Year 2012-13 residual revenue. Residual revenue is the amount of RPTTF revenue—property taxes distributed by the Auditor-Controller—available after deducting ROPS obligations, administrative fees, and taxing agency pass-through payments.

The County approved Fiscal Year 2012-13 residual RPTTF is $2,502,897. Although the Successor Agency disputes this value and believes it should be $1,524,880, for the purpose of our estimates we are assuming the Fiscal Year 2012-13 residual RPTTF will be $2,502,897. The Fiscal Year 2022-23 residual RPTTF is projected to be approximately $3.6 million, resulting in a maximum payment of approximately $549,181:
$3,601,259 - $2,502,897 = $1,098,362 / 2 = 549,181
The actual FY 2022-23 City-RDA Loan payment cannot be calculated until after the January 2023 RPTTF distribution, which was unavailable at the time the ROPS was prepared. The ROPS requests $600,000 in case the actual amount of residual RPTTF distributed in January 2023 permits a higher loan repayment amount.

Land O’ Lakes Agreement (Item 4)
The request for payment to Land O’ Lakes (Item 4) is based on an agreement with the dairy processor. The requested amount of $280,000 is a projection of the future payment based on what this payment has been in recent years. The actual payment amount will depend on the assessed value of Land O’ Lakes properties in the City, as agreed to between the Former RDA and Land O’ Lakes.

To receive payment, Land O’ Lakes is required to submit documentation to the City showing its employment level in the City, as specified in the agreement. If the employment level decreases below 350 full-time equivalent employees, the Successor Agency can reduce or eliminate the payments. To date, Land O’ Lakes has submitted documentation showing it has met the employment threshold every year since the agreement.

Other Obligations
The Successor Agency is required to prepare an Administrative Budget and submit it to the Oversight Board for approval. The Successor Agency is requesting $100,000 Tulare City Council Page 11
Agenda Memo – December 6, 2022
(ROPS Item 14). An Administrative Budget for the fiscal year is attached as Exhibit “B” to the accompanying resolution.

The Successor Agency requests $3,000 in RPTTF to pay for LRPMP Property Disposition Costs (Item 26) associated with selling a Successor Agency property.

The Successor Agency requests $4,000 to pay fiscal agent fees on the 2017 Bonds (Item 6) and $1,000 to cover the cost of preparing a required annual continuing disclosure that describes the security of the 2017 Bonds (Item 25). Both are required aspects of the 2017 Bonds’ management.

In total, the Successor Agency requests to receive and spend $2,804,771 of RPTTF in Fiscal Year 2022-23. In addition, the Successor Agency requests to spend $1,426,031 in reserves set aside from Fiscal Year 2022-23 on August 1, 2023 debt service.

Cash Balances
The Report of Cash Balances shows cash balance activity in FY 2020-21. Funds are being spent in a timely manner and consistent with the approvals of the Oversight Board and DOF. The Cash Balances page helps the Successor Agency to identify other funds available to spend on enforceable obligations. The estimated remaining available cash balance that DOF may use in-lieu of RPTTF as of FY 20-21 is $0.

There was no available cash balance from Reserve Balance funds or RPTTF.

ROPS 20-21 Prior Period Adjustment
As required by HSC section 34186(c), the Successor Agency prepared a reconciliation between approved and actual payments on enforceable obligations from the ROPS covering Fiscal Year 2020-21 and submitted this reconciliation to the County AuditorController by October 1, 2022. The reconciliation showed a difference of $308,494 between approved and actual expenditures. This amount will be applied to expenditures in Fiscal Year 2023-24.

Staff recommends Council, as the Successor Agency, adopt a resolution of the Successor Agency to the former Tulare Redevelopment Agency approving and adopting the recognized obligation payment schedule for the July 1, 2023 through June 30, 2024 period and the Fiscal year 2023-24 Administrative Budget.

13. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY

COUNCIL

14. STAFF UPDATES [Time Estimate: 8:35-8:40 p.m.]

15. FUTURE AGENDA ITEMS - None Submitted

16. ADJOURNMENT
City of Tulare Page 1
Item #: 9.2
Consent
City of Tulare
City Council Meeting Minutes
A special meeting of the City Council of the City of Tulare was held on Tuesday, November 15, 2022 at 6:00 p.m. at the Tulare Public Library in the Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre (via teleconference), Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Megan Dodd, Mario Zamora (via teleconference), Melissa Hermann

1. CALL TO ORDER SPECIAL MEETING
A special meeting was called to order at 6:01 p.m. by Mayor Mederos.

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

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(c): 1 case Mayor Mederos advised the Council will recess to closed session for this item following the regular meeting.

Mayor Mederos recessed to closed session at 10:53 p.m.

4. RECONVENE FROM CLOSED SESSION
Mayor Mederos reconvened from closed session at 11:53 p.m.

5. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.

6. ADJOURN SPECIAL MEETING
Mayor Mederos adjourned the special meeting at 11:54 p.m.

President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
_________________________________
Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
Approved by Council: December 6, 2022
City of Tulare Page 1
City of Tulare
City Council Meeting Minutes
A special meeting of the City Council of the City of Tulare was held on Tuesday, November 15, 2022 at 6:00 p.m. at the Tulare Public Library in the Council Chamber located at 491 North M Street.

1. CALL TO ORDER SPECIAL MEETING
A special meeting was called to order at 6:02 p.m. by Mayor Mederos.

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

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(c): 1 case Mayor Mederos recessed to closed session at 6:04 p.m.

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

5. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.

6. ADJOURN SPECIAL MEETING
Mayor Mederos adjourned the special meeting at 7:01 p.m.

A regular meeting of the City Council of the City of Tulare was held on Tuesday, November 15, 2022 at 7:00 p.m. at the Tulare Public Library in the Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre (via teleconference), Stephen C. Harrell, Patrick Isherwood, Jose Sigala
STAFF PRESENT: Marc Mondell, Megan Dodd, Josh McDonnell, Traci Myers, Janice Avila, Michael Ott, Fred Ynclan, Diego Ibanez, Michael Miller, Trisha Whitfield, Jason Glick, Nick Bartsch, Justin Patananan, Jason Bowling, Melissa Hermann
City Council Minutes Tuesday, November 15, 2022
City of Tulare Page 2

7. CALL TO ORDER REGULAR MEETING
A regular meeting was called to order at 7:02 p.m. by Mayor Mederos.

8. PLEDGE OF ALLEGIANCE AND INVOCATION
Commissioner Isherwood led the pledge of allegiance and an invocation was given by Father Ivan.

9. PUBLIC COMMENTS
The following provided public comment: James White, Angel Ruiz, and Donnette SilvaCarter.

10. COMMUNICATIONS
There were no communications.

11. CONSENT CALENDAR
It was moved by Councilmember Harrell, seconded by Vice Mayor Sayre, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 11.6 and 11.8.

11.1. Authorization to read ordinances by title only.

11.2. Approve the minutes of the November 1, 2022, special and regular meetings. [Submitted by: M. Hermann]

11.3. Adopt a resolution approving the acceptance and appropriation of Citizens Options for Public Safety (COPS) funds from the State of California in the amount of $107,283.00. [Submitted by: M. Machado]

11.4. Accept as complete the required public works improvements for Phase 3 of the Kensington Estates subdivision with the exception of certain improvements secured through separate deferred improvement agreements; authorize the City Engineer to sign a Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [Submitted by: M. Miller]

11.5. Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with CFT NV Developments, LLC for construction costs associated with the Panda Express commercial development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller]

11.6. Authorize the City Manager to execute and sign a contract with AAA Security, Inc. to provide one security guard for the temporary homeless encampment not to exceed the amount of $141,480.00. [Submitted by: M.

Ott] Councilmember Sigala pulled this item to provide comment regarding the lighting and overnight parking at the property. It was moved by Councilmember City Council Minutes Tuesday, November 15, 2022
City of Tulare Page 3
Sigala, Councilmember Harrell, and unanimously carried to approve the item as presented.

11.7. Accept the monthly investment reports for September and October 2022. [Submitted by: D. Ibanez]

11.8. Authorize City of Tulare to apply to the Kings Tulare Continuum of Care on Homelessness local Homeless Housing, Assistance and Prevention (“HHAP”) Round 4 Request for Proposals for a grant award not to exceed $143,415 to finance street outreach and housing placement services for people experiencing homelessness in prioritized encampment area(s) within the City of Tulare. [Submitted by: T. Myers] Councilmember Isherwood pulled this item to recuse himself due to a business conflict. It was moved by Councilmember Sigala, seconded by Vice Mayor Sayre, and carried 4 to 0 (Councilmember Isherwood recused) to approve the item as presented.

12. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST

12.1. Measure Y results and future implementation.

Council reported out on recent events and discussed items of interest.

13. PUBLIC HEARINGS

13.1. Receive a presentation by Peters Engineering Group regarding their preparation of a Local Road Safety Plan (LRSP) for the City of Tulare, conduct a public hearing to receive comment, and provide Council direction regarding the contents, findings and recommendations of the LRSP. [Submitted by: M. Miller] City Engineer provided a brief report and introduced Will Washburn of Peters Engineering Group who provided a presentation. Mayor Mederos opened the public hearing at 7:51 p.m. Susan Dias-Johnson provided comment in support of the plan. The public hearing was closed at 7:53 p.m. There was no action taken.

13.2. Adopt a resolution adopting the Initial Study / Mitigated Negative Declaration prepared for Tentative Subdivision Map 2022-22 – (Fulton Estates), Annexation No. 2022-01 (East Tulare No. 35), General Plan Amendment No. 2022.01 and Zone Amendment No. 748; adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2022-01 (East Tulare No. 35) and detachment of the property from County Service Area No. 1; adopt a resolution approving General Plan Amendment No. 2022-01 to change the existing 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; and pass to print an ordinance approving Zone Amendment No. 748, pre-zoning approximately 35.62-acres of the subject property to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and approximately 2.86-acres to the C-3 (Retail Commercial) zoning designations to become effective upon annexation into the City limits. [Submitted by: S. Sopp] Principal Planner Steven Sopp provided a report for Council consideration. Mayor Mederos opened the public City Council Minutes Tuesday, November 15, 2022
City of Tulare Page 4
hearing at 8:20 p.m. Darlene Mata, representing the developer and property owner, made herself available for questions. Receiving no public comments, the public hearing was closed at 8:22 p.m. Following discussion, it was moved by Councilmember Isherwood and seconded by Mayor Mederos to approve the item as presented. The motion was carried 4 to 1 by rollcall vote as follows:

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

14. GENERAL BUSINESS

14.1. 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. [Submitted by: J. Glick] Community Services Director Jason Glick provided a report for Council consideration. It was moved by Mayor Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

14.2. 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. [Submitted by: N.

Bartsch] Senior Project Manager Nick Bartsch provided a report for Council consideration. Scott Morris of NV5 provided additional comment regarding the test results. Jack Baker of Deer Creek Asphalt provided comment regarding the product provided for the project and possible remedy. Dan Stein, the attorney representing MAC Engineering, provided additional comment on possible remedy. There was no action taken.

14.3. Approve and authorize the mayor to execute the Hillman Center Emergency Homeless Shelter Ground Lease Agreement between the City of Tulare and Tulare County. [Submitted by: M. Mondell] This item was taken out of order and followed item 13.1. City Manager Marc Mondell provided a report for Council consideration. Noah Whitaker, Homeless Initiative Coordinator for Tulare County, provided additional comment. It was moved by Vice Mayor Sayre and seconded by Councilmember Sigala to approve the item as presented. The motion was carried 5 to 0 by rollcall vote as follows:

AYES: Vice Mayor Sayre, Councilmember Sigala, Councilmember Harrell, Councilmember Isherwood, Mayor Mederos
NOES: None

14.4. 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. [Submitted by: M.

Mondell] City Manager Marc Mondell provided a brief report for Council City Council Minutes Tuesday, November 15, 2022
City of Tulare Page 5
consideration. Mayor Mederos provided additional comment. Following discussion, it was moved by Mayor Mederos, seconded by Vice Mayor Sayre, and unanimously carried to approve the item with the following amendment:

Chapter 2, Section Y, Paragraph 3 (add to the end of the paragraph): “In that regard, the City Clerk’s Office shall work with the councilmembers to prioritize which two items are to come before the Council.”

15. STAFF UPDATES
Staff provided the Council updates on current departmental activities.

16. FUTURE AGENDA ITEMS

16.1. Utility Bill Late Charge. [Submitted by: Mayor Mederos] It was the consensus of Council to add this item to a future agenda.

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

17.1. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(c): 1 case Prior to recessing to closed session, a moment of silence was taken in memory of former Councilmember Gary E. Smith.

Mayor Mederos recessed to closed session at 10:53 p.m.

18. RECONVENE FROM CLOSED SESSION
Mayor Mederos reconvened from closed session at 11:53 p.m.

19. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.

20. ADJOURNMENT
Mayor Mederos adjourned the regular meeting at 11:54 p.m.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: December 6, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None AGENDA ITEM:

Second reading and adoption of Ordinance 2022-16 amending the Zoning Map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 748.

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

At the regular meeting of the City Council on November 15, 2022, the City Council held the first reading of and introduced the ordinance concerning amending the Zoning Map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 748. As required by law, the final reading and adoption of said ordinance must occur at a regularly scheduled meeting, and, accordingly, City staff hereby presents that same ordinance, unchanged, for consideration by the Council.

STAFF RECOMMENDATION:

Adopt Ordinance 2022-16 amending the Zoning Map of the City being a part of the Section

10.04.04 of said Code Zone Amendment No. 748.

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

N/A
Submitted by: Melissa Hermann Title: Chief Deputy City Clerk Date: November 22, 2022 City Manager Approval: ____________ ORDINANCE 2022-16

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 2022-16

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on December 6, 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
Item #: 9.4
Consent

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: December 6, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve the final map for Fernjo Estates (Orchard 79) subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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

Planning Commission Resolution No. 5334 adopted on August 12, 2019 approved the tentative subdivision map for the Fernjo Estates subdivision located on the east side of Mooney Boulevard, approximately .25 miles south of Bardsley Avenue. The overall subdivision comprises approximately 18.1 acres and consists of 80 single family residential lots. The map requires public utility easements, block wall easements, street dedications, and lots dedicated in fee to the City for block wall, sidewalks, landscaping, and other public purposes.

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

A copy of Planning Commission Resolution No. 5334 and the draft final map is attached for reference.

STAFF RECOMMENDATION:

Approve the final map for Fernjo Estates (Orchard 79) subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: November 28, 2022 City Manager Approval: ____________ *n*o
RESOLUTION NO. 5334

A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPRovING TENTATIVE SUBDIVISION MAP 2019-t4- FERNJO ESTI\TES WHEREAS, the City of l-ulare Plarrning Cornmission held a re gular niee ting orr August 12,2019 to consider a request by Josepli and Tawni Fernandes to subdivide approximately 18.1 acres into a 80-lot single farnily residential sr-rbdivision onpropefiy located on the east side of Mooney Blvd. approximately.25 rniles south of Bardsley Avenue (APNs 184-110-016, 017 &.018); and
WHEREAS, the City of Tulare Planning Comrnission determined that tire proposed subdivisiorr rnap is consistent witir applicable Tr-rlare General Plan, and, WHEREAS, the City of Tulare Planning Cornmission determined that the design or improvements of the proposed subdivision are consistent with the Tlriare General Plan; and,
WHEREAS, the City of Tulare Planning Commission determined that the site is physicaliy suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the proposed density of the development; and WHEREAS, the City of Tulare Planning Comrnission determined that the design of the sr"rbdivision or the type of irnprovements are not likeiy to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their hahitat; and,
WHEIIEAS, the City of Tr-riare Planning Commission detennined that the design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public aLlarge, for access through or use of the property within the proposed subdivision; and,
WHEREAS, an Initial Study was prepared and found that aithough the proposed project cor-rld have a significant effect on the enviLonment, thele will not be a significant environmental in-rpact witl-i mitigation measures incorporated; and, WHEREAS, the City of Tulare Planning Commission determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environnrental Quality Act; and,

Page 1 ends

Resolr-rtion 5334
lentative Subdivision Map- 2019- l4- Irernjo Estates
wHEREAS, the City of Tr-rlare Plarrning Commission considered the proposed Mitigated Negative Declaration ancl finds that there is no substarrtial evidence rhat tl.)e project wiil have a significant effect on the environment with mitigation measures incorporated; and,
NOW, THEREFORE, BE IT RESOLVED, that the Plar-rning Commissiorr of the City of Tulare makes the following specific findings based on the Jvidepce presentecl l' 'l'hat the proposed location of the Tentative SLrbdivision Map is cor-rsistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

That the proposed location of the Tentative Subdivision Map and the conditions under which it would be built or maintained will nor be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity. 2 That the proposed Tentative Subdivision Map will be in keeping with existing and future land uses on the site.

BE IT FURTHER RBSOLVED, that rhe planni,g commission hereby approves Tentative Subdivision Map2019-14 (Fernjo Estates), subject to the foilowing:
l) Final subdivision map proposed to be recorded shali be in substantial conformance with the approved tentative map.
2) Applicant shall comply with Engineering, Fire Department, parks and Solid Wasie Division commenis/conditioiis (Attaclrr,eirts IV, V, VI and vrr). 3) Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to the issuance of any'building permits and plior to the storage of combustible materials o1 site. 4) Final acceptance of the tract shall be contingent upon the subdividers providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to th; appr-oval of the Public Works/Engineering Department.
5) Six-foot public utility easements shall be granted along all fi-ont yards as reqr,rired for public utilities.
6) Final sLrbdivisio''rap shalr depict alr easements.
7) The applicant shall comply with the requirernents of tl-re public Works Director and City Engtneet'regarding se'vvage disposal and water supply facilities.
a
J
Resolution 5334 Page 2
Tentative Sr"rbdivision Map- 20Ig-14- Fer.nio Estates
1l)
t2)
13)
8) All lots shall meet the provisions of the applicable zoning district.

Street names will be consistent with street names approved by the Street Narning Committee, and approved by the Commlu-rity & Econornic Development Director.
g)
i 0) Applicant to record a "Right to Fann" notice on final map.

Applicant shall submit four copies of a landscape and irrigation plan consistent witli the City's landscape ordinance.

A 7-foot block wall is required along the west bor-rndary oi'the subject tentative subdivision, adjacent to the exiting landscaping/pedestrian pathway. Final block wall design is subject to the Comrnr-rnity& Economic Development Director approval.

Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction.

Applicant to comply with San Joaquin Valley Air Pollution Control District Rule 9510 for the final map.

Applicant to comply with all mitigation measures within the Mitigated Negative Declaration per adopted Resolution 5257.

Applicant to provide and locate mailbox clusters as approved by the U.S Postmaster, Tulare.

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

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

Applicant to provide a retaining wall where ever adjacent lot grades exceed six inches.
t4)
1s) Recording of the final map is subject to the approval of Zone Amendment No.723.
l6)
t7)
18)
le)
Resolution 5334

Page 3 ends

Tentative Subdivision Map- 2019-14- Fernjo Estates
Ens'in ccrt nfr
A. Renrove "Typical 52'R/W Street Cross Section" lr'orn the'l-eptative Map.

B. On Nelder Grove Street cross section, the existing Nelder Grove Street cross section is l0 f-eet fi'orn right-of-way to face of cr.rrb with a 44 foot street vvidth.

Please correct on proposed tentative map.

C' On Mooney Boulevard cross section, please change to clirrensiop on the landscape lot from "varies" to l0 feet. Right-of-wuy dinr.nrions for- Mooney Blvd. also do not appear to be colrect. Referring to the final maps for the Shadow Wood No. 1, Majestic No. 1, and Majestic No. 2 subdivisiols located irnmediately to the nortl.r of the proposed project, an additionai ROW dedication ol28 feet was ntade, which resr-rlted in a ROW dimension of 68 feet as measured lrorn section line. The existing ROW dimension west of the section lipe is 42 feet, resultir.rg in a toral ROW width of 110 feet rather than tl-re 100 feet shown on thc proposed tentative nrap.

D. City Standard Detail No.7l20 (Local Street Bulb Connection) is dimensionecl for a parkway strip configuratiorr (11 feet fi'om curb face to right-of-way line). please adjust radial dimeusion on bulb to reflect the propoied acijacent sidewalk configuration (10 feet from curb face to riglit-of_way line).

E. Curb returns are showir witli a 30'radius at face of curb. Piease show curb retlrrns with a 20' radius at face of curb per city Standard No. 4110.

F. Tl-re fonnation of an assessment district for maintenance of iandscaping, irrigation anci block wail for ianiiscaping iots along iviooney Bivd., mainienance of cirainage basins, tnaintenance of local streets witirin the subdivision bourrclaries, and electrical and maintenance costs for street lights on local streets within the subdivision boundaries will be required prior to the recordation of the final map.

SOILS
The Subdivider shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer bised upon adequate soii rest borings.

Said report shall be submitted to the City Engineer or ChieiBuilding Official. 'Ihe Subclivider shall have the soils investigated and make recommeldations as to the coffect method of trench backfill for the soils encounterecl in the subclivision so as to assllre 90% relative compaction between the select bedding around the pipe to within 2 feet of tl.re subbase. The top 2 feet shall be compacted to 95Yo relative conrpaction.

Compaction tests are required on all trenches. All soils testing shall be performed at the sole cost of the Sr-rbdivider. The Subdivicler shall establish an accoLrnt with a lice'sed and cefiified soil-testing firtn acceptable to the City Engineer prior to the start olconstrr-rction for compaction testing of trcnch backfill arrd fills. 1'he City shall order aiicl clirect all courpactit.rrr tests.

Resolution 5334 Page 4
fenlative Surbclivision Map- 2019-14- Fernjo Esrates
STREETS:

Street design sliall corrfbrnr to City of Tulare Design Guidelines and Public Improvernent Standards. Arterial street widths and design traffic indices shall be as noted in Attachnent "A."
The structr-rral sectior-r o1'all streets shall be not less tl-rar-r the rninimums requirerl-]ents of the City of Tulare Design Guidelines and Public hnprovement Standards. A greater thickness may be required by soils test results and engineered structural section calculations. The design of the pavernent structural section for streets shall be asphalt concrete over aggregate base materials.

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

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

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

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

Knuckles and transition curves to knuckles shall have 50-foot radii for streets with parkways and 49-foot radii for streets with adjacent sidewalks.

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

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

Street monurnents shall be installed at locations as required by the City Engineer Driveway widths and spacing shall conform to requirements of City Code and tlie City of Tulare Design Guidelines and Public Improvement Standards.

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

Property line chamfers or radii are required at all street intersections perthe requirements of the City of Tr-rlare Design Guidelines and Public Improvement Standards.

The maximum slope ad.jacent to the back of any public sidewalk shall not exceed 5:1 for the first 5 feet. For Landscape and Lighting Act District parcels, the rnaximum slope between the back of the sidewalk ancl the wall or fence shall not exceed i0:1.

Resolution 5334

Page 5 ends

Terrtative Sr-rbdivision Map- 2019- l4- Fernjo Estates
'lurnarottnds
are recluired at all deacl end streets. except where re1'use pickr,rp op lot ii'ontages does nor require the lefirse coilection vehicle to Lack up.

A barricade anda2" x 8" rough reclwood header shail be providecl at dead end streets. As an option, an additional 1-foot of paving beyond rhe reqr-rirecl lirnits of paving rnay be installed in lieu of a redwood header. in cottformance witir Section 8.24.040 (A) 7 o1'the City of TLrlare MLrnicipal Code.',each street intersection shail be as near to a right angle as practicable.', If work by the Subdivicler or liis contractors render any existing City street to be in a corldition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development,s construction activities began. Said repair work must be completecl within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer. Thenceforth, thc Subdivider shall maintain the street in its repair.d ,tut. fo. the duration of the develop'rent's constrnction activities.

The City shall reirnbtlrse the Subdivider for oversize costs for ar.ry facilities clesignated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. Within 90 days follorrying the notice of cornpietion of the pr-ojecr, the Subdivider shall file with the City Engineer a financial statement, ir.r the form specified by the City Engineer, stating and supporting the cost of constructing tlie oversize improvements' If the financial statement is not filed within tliis tirie period, the Subdivider shall not be eligible for any reimbursements. oversize puy*.nr, will be made in accordance with a separate oversize reimbulsement agreement to be executed aftei' coiapietion oi ali subdivision improvements. Paymeni wili be subject to the availability of [unds.

UT REL ATION AND UND GROU ING RE UI ENTS
The Subdivider shali be responsible for all costs associated with the removal, relocation and-undergrounding of utilities as necessary to accommodate installation of the required public improvements. All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be reqr-rired to be placed underground in accordance with Section 8.24.160 (ts) 3 of the Ciry;f Tulare Municipal Code' Tl're cost of such relocations and undergror-rnding shall be inclr-rded in the sr-rbdivision bonds.

SANITARY SEWERS
Sanitary sewers shall be designed and constructed in accordance with the City of Tr-rlare Design Guidelines and pubiic Improvernerrt Sta'crards.
ltesolution 5334
'lentative Subdivision Map- 2Oi 9- 14- Fe

Page 6 ends

m.jo Estates
Server laterals shall be installed to the property lines of all lots befbre the streets are surf'aced. Laterals shall be located B f-eet fi'orn tl-re centelline of each lot, unless otherwise approved to accommodate drive\,vav approach locations.

All seiver lines shall pass both mandrel and ail pressure tests, and shall be subject to video inspection by the City. The cost ol one video irrspectiou of the Development's entire se\ier line impror/errents shall be paid prior to recordation of the flnal map at the rate established at the time ol recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of irrspection.

The City shall reimburse the Subdivider for oversize costs for any facilities clesignatecl "masterplan facilities" b),the City Engineer, subject to revier,v and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the over.size improvements. If the financial statement is not filed within this tirr-re periocl, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordauce with a separate oversize reimbursement agreelnent to be executecl after completion of all subdivision improvements. Payment will be subject to the availability of fi-rnds.

STORM DRAINAGE
The storm drain system shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

All pipe sizes where necessary shall be adjusted to cany the design flow at the fipal design slope.

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

The minimr"un fall around curb returns shall be 0.3 foot.

All storrn drain lines shall be subject to video inspection by the City. The cost of one video inspection of tire Developrnent's entire storm drain line improvements shall bepaid prior to recordation of the final n-iap at the rate established at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the tirne of inspection.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer. subject to review and approval of costs prior to instaliation. Within 90 days fbllorving the notice of completion of the project, the Subdivider sliall flle with tire City Engineer a flnancial statement, in the fbrrn specified by the City Engineer. stating and supporting tlie cost of constructing the oversize itnprovemeuts. If the ilnancial statement is not filed within this time period, the Subdivider shall r-rot be eligible for any reimbursen.ients. Oversize payments will be made in accordance rvith a separate oversize reinrbursenent agreement to be executecl Resolution ,5334

Page 7 ends

'f'entative Sr-rbdivision Map- 2019-14- Iremjo Estates
aI'ter completion of all subdivision improvenrents.
availabiIity of funds.

FIRE HYDRANTS:

Paynrent will be subject to the
Fire hydrants are to be located as requirecl by the Fire Chief and City Engineer.

EASEMENTS.

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

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

WATER SUP PLY
Water mains shall be designed and constructed in accordance with the City of Tulare Design Guidcli'cs a'd public Iurproveme't Standarcls.

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

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

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

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

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

Resolution 5334 Page B
Tentative Subdivision Map- 2019-14- Fernjo Esrares

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

Street ttame sign posts shall be installed at each intersection as requir-ecl by the City Traffic Engineer, and the Subdivider shall pay for the new street name signs and mounting hardware prior to recordation of the final map, at the rate established at the tin're of recordation of the final map. Actual installation of the street name sigrrs shall be completed by City persomel at such tirne that the developlnent reaches a sr-rfficient state of completion.

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

PAV NT DELINEATION
The Subdivider shall install andlor replace traffic striping, pavernent markers, and pavement markings as required by the City Traffic Engineer.

STREET LIGHTS AND ELECTRICAL SERVICE
The Subdivider must make provisions for the underground installation of electrical services and street lighting. Pole type shall be marbelite. Fixture type shall be LED unless otherwise approved by City Engineer. Design of the street lighting systern shall comply with the City of Tulare Design Guidelines and Public Improvement Standards, and shall be subject to the approval of the City Engineer. The cost of the systems shallbe included in the subdivision bonds.

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

PRIVAT IRRIGATION PIPELINES
Existing private irrigation pipelines will need to be removed within street right of ways

IRRIGATIO N CANALS
The existing Tulare Irrigation District (T.l.D.) ditch along the wesr side of Wesr Streer shall be piped and shall be so designated on the plan drawings. The proposed method of piping shall be subject to botir T.l.D. and City approval, and shall be shown on one of the rraster plans if fLrll piping does not occur within the flrst phase.

Resolution 5334

Page 9 ends

Tentative Subdivision Map- 20 19-1 4- Fernjo Estares

TELEPHON E/CABLE
'fhe SLrbciivider must make provisions for the installation of underground telephone apd cable ser-vice.

EXISTING STRUCT URES
Any existing strlrctllres within the subdivision boundary shall be removed WELLS:

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

ELEVATIONS
Any elevations shall be based on the official city of Tulare datum

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

A City encroachment permit is required for any work to be performed withil existing City rights-of-way or easements. A traffic control plan subject to the approval of the City Engineer is required for any work that will impict existing road*ayi. Encroachment permits rnay also be required by the State, Tulare Irrigation District and/or Uniorr pacific Railroad for any work impacting their rights-of-way, easements or facilities.

ADDITIONAL REQ UIREMENTS
Resolutiorr 5334 Page10
Sr-rbmit closures and tabulation of areas (square feet) of all lots within the subdivision. A blue line area shall also be submitted.

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

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

Following approval of the improvement drawings, provide the City of Tulare with one reprodr-rcible copy. four (4) prints and an electronic copy. This shall be dor.re prior to schedr-rIing any pre-cotrstruction conferences or commeniing any improyements.

Submit to the city of Tulare a title repon for the par.cel(s) to be aeueioped.

Tentatirre Subdivisiorr Map- 2019-14- Fentjo Estates
The SLrbdivider's etrgitreer will be required to certify in wliting that all lot grading has been perfot'med in accordance with the approved lot-graciing plan prior to issr:ince oiany building permits.

Prior to constructing any irnprovement that involves City reirnbursements, tlie Sr,rbdivider shall submit to the City copies of their contractor's bid prices to be reviewed ancl approved by the City Engineer st be at re wa rates
be elisible for rei mbtrrsement If the Subdivider fails to obtain approval of reimbursable costs before the start of construction, the city reserves the right to reduce the reimbursable cost if deerned excessi'e by the city Engineer.

Priol to the start of coustruction, a meeting will be calied by the City Engineer with the Subdivider, Contractor and all concerned including utility cornpanies to coorclinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City requirements are met. The Contractor shall perform no construction in the field until after this rneeting.

This project involves construction activity including clearing, grading and excavation which rnay require the filing a Notice of Intent with the State Water Resources Control Board under the General Pennit to dischar'ge storrn water associated with construction activity, the preparation of a storm water pollution prevention plan, and monitoring program.

Resolution 5334
Page11
Tentative Sr-rbdivision Map- 2019-14- Femjo Estates
ATTACHMENT "A''
1' All reqtrired engineering plans and calculations shall be prepared by a registered ciyil engineer. Arry elevations shown on plans reqr.iired for tire sub.iect devellpment shall be based ou the official City of Tulare datLrni. The Engineer shall provide tluee (3) copies of each improvement plan set submitted to the City of Tulare for checkirrg. All pLrblic improvements shall be on 24" x 36" sheets, in a plarVprofile for-niat at a scale o1' l ":50' or larger. Private on-site improvements rnay be plan-view only format, and may be on sheet sizes consistent wiih the rest of the o,r-rit. const.rction plarrs. F-ollowirrg approval of the improvement plans, the Engineer. shall provide the City of Tulare with two reprodr-rcible plan sets. This shall be clone prior to scheduiing any pre-construction conferences or commencing any improVements. 2' Any work to be done within the City street rights-of-way requires an encroachrnent permit issued by the Engineerir"rg Department, and shall be done uncler the inspection of the City Public Works Inspector. All contractors working witltin City street rightsof--way shall possess a valid city of rulare business license. 3' All design and construction of public improvemcnts shall be in accordalce wit6 applicable City Standards, Specifications, Ordinances, and Standard Operatilg Procedures, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Fngineering Department while reviewing this develtpment proposal. Nothing in these conditions precludes the city Engineer from upptying other conditions/modifications necessary for goocl design, operation, and maintenance of existing and future City facilities, as might become apparent during design review andior construction.

Easements will be required fol all public utilities to be located outside of dedicated rights-of--way. Six-foot public utility easements are required along all street frontages, unless otherwise waived by the City Engineer. Additional easements may be required for ingress/egress, drainage, or shared irash enclosures.

New City standard sidewalk shall be constructed as indicated below. For adjacent sidewalk pattern, sidewalk shall transition behind driveway approaches and maintain a minimr-rm width of 4 feet while doing so. The maximum sloie adjacent to tl're back of any public sidewalk shall not exceed 5:1 for the fir'st 5 feet. For areas located within a Landscape and Ligliting District, the maximum slope between the back of the sidewalk and the wall o. fence shall 'ot exceecl 10:r. 4 5
Street Frontaqe Confio uration Sidewalk width (fr)
Local Street Adjacent to Curb 5 feet
Nelder Grove St. Parkway (match existing) 5 feet
Mooney Blvd Parkway 6 feet
ResolLrtion 5334 Page12
Tentative SLrbdivision Map- 20lg-14- Fernjo Estates

6. Neu' City standard ramped curb returns and/or pedestrian ramps shall be installecl at all Iocal street intersection and at Moorrey Blvd and Katrrleen Ave.

7. The following minimum street improvements are required:
a. Full paveout from lip of gutter to the existing edge of pavement along the project's frontages of Mooney Bvld.

Roadway structural sectiott desigr-r shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the design criteria provided below:

Roadwav Class ification. Desiqn T.l.

Mooney Blvd
Local Streets
MajorArlerial, T.l = 11.5
Local Street, T.l. = 5.0
B. Street Lights (Standard Concrete Marbelite Pole) shall be installed at locations designated by the City Engirteer, and shall comply with the followipg general requirements:

X LED, SCE Ownecl/Maintained on a metered service. Design of the LED street lighting system shall be approved by City Engineer. The following street lights are required on roadways as follows:
32-watt LED (5,800 Luuren FI.P.S.V. equivalent) with26-ftpole height and 6- ft mast arm: Local Streets
88-watt LED (16,000 Lumen H.P.s.v. equivalent) with 3I-ft pole height and 6-ft mast arm: Mooney Boulevard

9. Street name signs, traffic control signs, pavement delineation and/or pavement markings shall be installed as required by the City Engineer.

10. The following right-of-way dedications are required for street/alley purposes:
a. 20'property corner radius:
b. Chamfer property corner:
c. Alley:
d. Street: 28 feet Mooney Blvd. frontage
Landscape Lot: A l0 wide lan lot alons Mooney BIvd.
fi'ontase all be dedicated to the Citv.

I l. Project trip generation data based upor-r the ITE Trip Generation Manual is required. A Transporlation Irnpact Study identifying the project impacts and proposed n-ritigation n']easures may be required as a condition of project approval, ancl shall be sr,rb.iect to the approval of the City Engineer. Traffic impact str-rdies shall conform to ctlrretlt CEQA "state of the practice" standards, the Caltrans "Guide For The Resolr-rtion 5334
Page13
-l-errtative Subdivision Map- 2A19-14- Fernjo Estates
Preparation o1''lralfic Irtipaci Stuclies". and City of Tulare General Plan requirements. frafirc itnpact studies shall adclress provisiorrs fbr peclestlian. bicycle and transit access to ti'le project. Itr evalLrating project inrpacts to existing roadway faciiities, tralfic impact sttrdies sliall utilize the current trarrsportation rnodeling forecasts provided by the Tr-rlare County Association of Governmenrs (TCAG). and shall specifically address the pro.ject irupacts and any appropriate mitigatior-rs to facilities identified by the City Engineer.

12. Ali costs associated with the remova[. relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements shall be the responsibility of the project. All utility lines, including bLrt not limited ro electric, commuuications. street lighting and cable television. shall be required to be placed underground in accordance with Section 8.24.160 (B) 3 ol tLe City of Tulare Muiricipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project.
l3.The proposed development shall be responsible lor the follorving water main extensions: as required to serve the subdivision.

14. Fire hydrants and fire sr-rppression systerns shall be provided as requircd by thc City of Tulare Fire Marshali. The proposed devel opment shall demonstrate that sufficient flows are available to support the required improvements. All nts of connection to the Citv water svstem are subiect to the of the Citv glneer

15. Water sampling stations shall be insralled as lollows Works Departrnent.
locatio as required Public

16. Existing waier weils shall be abancloned, filleci anci sealeci in accorda'ce with applicable city, cor-rnty of Tulare, ancl State of california standards. 17' The proposed development shail be responsible for the foliowing salitary sewer main extensions: as required to serve the subdivision.

18. Existing septic tanks shall be abandor.red, filled and sealed in accorda'ce with applicable city, county of rulare, and State of california standards.

19. The proposed development shall be responsible for the following storm drain line extensions and connections: Extend rnaster nlan storm in Nelder Grove Street to boundarv of subdivision

20.A grading/drainage plan prepared by a Registerecl Civil Engineer or Licensed Architect and subject to approval by the Citl, Engineer shall be submitted. The plan shall inclr-rde existing and proposed contours, and detail the means of collection and disposal of storm water runoff fl-orn the site arrd adjacent road frontages in such a mallner tl-rat runoff is not divertecl to adjacent property. On-site retention of storm waterrunoff ir I reqrrired E not requirecl.

ResolLrtion 5334 Page14
Tentative Subdivision Map- 2019-14- Fernjo Esrares
A letter verilvins that Iot sradins rvas comoleted accordius fo anot'oved sradins / drainase nlan sirall be prepared bv a Resi stered Civil Ensine er or Licensed Architect to the Cit lteer to o1'an final
permits or notice of completion for pr-rblic !ryrprovements. The Engineer or Alcliitect E
shall affix their stam and seal to the letter

21. All unused culverts and irrigation lines shall be abandoned and plugged in a n']anner acceptable to the City Engineer.

22. A Public Works Inspection Fee is required prior to the constmction of irnprovements.

23. A landscaping plan subject to the revierry and approval of the Director of Parks and Community Services shall be provided. Approval of the landscaping plan is required prior to approval of engineering improvement plans by the City Engineer. All existing trees that conflict with proposed improvements shall be removecl to a depth of two (2) feet below proposed finish grade.

24.\f applicabie, existing irrigation ditches and/or canals sliall be piped, developed into a trail, orrelocated outside the project bor-urdaries per the direction of the City Engirieer and affected irrigation district. Related irrigation lbcilities shall be subfect to the same requirements for piping or relocation.

25. Fugitive dust shall be controlled in accordance with the applicable rules of the San Joaquin Valiey Air Pollution Control District's Regulation VIII. Copies of any required permits will be provided to the City.

26.1f the project requires discretionary approval from the City, it may be subject to the San Joaquin Valley Air Pollution Control District's Rule 9510 Indirect Source Review per the rule's applicability criteria. A copy of the approved AIA application shall be provided to the City.
27 .If the project meets the one acre of distr"rrbarrce criteria of the States Storm Water Pt'ogram, thetr coverage under General Permit Older 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is required. A copy of the approved permit ar-rd the SWPPP shall be provided to tlie City.

28. The conditions of project approvai set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of tire anollnt of sr-rch fees, and a description of the dedications, resen,ations, and other exactions.

The Owner/Developer is hereby notifled that the 90-day protest periocl, commencing h'om the date of approval of the project, begins as of the date of Planning Cornmission's conditional approval of the project. 11' the Owner/Developer fails to file a protest regalding any of the fees, dedication requirernents, reservation requirements, or other exactions contained in this notice. con-rplying rvith all the requireurents of Government Code Section 66020. the Owner/Developer rvill be legally barred from later challenging such exactions.

Resolution 5334
Page15
leirtative SLrbdivision Map- 2019-14- lrernjo Estates
29'All applicable City f'ees shall apply uniess specifically waivecl or modified elsewhere in tltese conc'litions. All fees shall be basecl on the curi'errt fee schedr-rle in effect ar the tirne o1'r'eci-lrdation olthe final map. These iees inclucle, but are not lirnited to:
r
Mo
Sewer front foot charges of $ 30.00 per front foot for frontages on onev Blvd.
! Sewer lift station fee of $ _ per acre
I Water front foot charges of g 17.50 per front foot for frontages on Moo Blvd
I Street front foot charges of $ --- per front foot for frontages on Benefit district creation fee (if applicable): $ 1,008.1g per district.

Traffic signal in-lieu fee of $ _
TID ditch piping ln-lieu fee of $ _
Sewer main construction in-lieu fee of $ _
Water main construction in-lieu fee of $
Street construction in-lieu fee of $
I Engineering inspection fee based on a percentage of the estimated cost of construction.

I Development impact fees to be paid with buirding permit. ! Engineering plan check fee to be paid at time of plan submittal. ! rinat map plan check fee to be paid at time of map submittal.

I other:

Resolution 5334 Page16
'fentative Subdivision Map- 20lg-14- Fernjo Estates
Fire:

L The project must cornply rvith all of the latest applicable codes.

2. Wlten arty portiort of the facility or bLrilding to be plotected is ntore tharr 400 feet fr.on a1 existing lrydrattt, on a fire apparatLrs access road as rneasured by an apploved route arouttd tlte exterior o1'the facility or bLrilding, <tn-site lrydrarrts and nrairrs shallbe provided rvhere required by the fire code official.

3. Depending otl the location of the existir-rg fire hydrant(s), additional fire hydrants may be required. Fire hydrant spacing shall e as follows:
a. Residential development, one hydrant shall be installed at 500-foot intervals.

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

5. An approved fire apparatus access road shall be provided for every facility, building or portion of a building constructed or moved into or within the City of Tulare. It shall extend to within 150 feet of all portions of the facility and all portions on the exteriorwalls of the first story of the buildings as measured byan approved route around the exterior of the building or facility. The road shall bea minimum of 20' wide and have a minirnum height clearance of 13,6,,.

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

7. The Fire Code Official is authorizedto require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Areas identified as "Fire Lanes" must be identified as such per requirements set forth in tlie California Vehicle Code.

8. All dead-end access roads in excess of 150feet must be provided witli an approved turn-around complying with City standards.

Solid Waste:
l. Customer responsible for setting cans ollt for service by 6:00 a:n and removing cans from curb, gutter, or alley on the same day after serviced. Customer is responsible for any violations.

2. Mandatory Commercial Recycling AB 341. All Commercial Businesses, Mr-rlti Family and Residential customers mlrst have a blue recycle Bin, Roll Off, or Can for clean paper. cardboard, cans, bottles etc.

Resolr,rtion 5334
Page17
lerrtative Subdivision Map- 2019-14- Fernjo Estates
Cllstorner is reqr-rired to flatten, breakdowrr all cardboarcl and other bLrlky recyclables in bltre containers. Customer is responsible fbr any contarrination in containers and all llnes and charges resr,rlting fiom contaminated recyclables.

Maridatory Organics/Compost Recycling AB 1826. Green 96-gallol containers for yard waste/food scraps required. Additional storage area attached to errclosure to store up to 3 96-gallon cans as option shown on enclosure specs is requrired.

Paved areas should be engineercd to witlistand a G0,000 lb. i.efuse truck.

Standard residential can service. Trash, green waste/organics and blue recycling cans serviced once a week.

Section 7.16.040 of the Tulare Municipal code prohibits private companies/haulers from providing lefuse services withoui authorization. Roll Off services for construction and demolition, recycling, compost or green waste and letal are to be provided by the City of Tulare Solid Waste Division. Any private Roll Off companies/haulers used must be listed on the Board of public Utilities city Resolution Approved Authorized I{aulers List, Resolution No. 07-04.

Commercial Front Load Bin service in the City of Tulare is provided exclusively by the city of'Tulare Solid waste Division oniy u, per Municipal code (l.Jo Exceptions).

See attached comments.

ResoiLrtion 5334 Page18
J
4 6
7 Parks
"lerrtative Sr-rbdivision Map- 20lg-l4- Fernjo Estates
PASSED, APPROVED AND ADOPTED rhis rwetfth day of August, 2019 bv the lbllowing recorded vote
AYES I
NOES li
ABSENT

ABSTAIN
City

JO CDO SECRETARY
C Tulare Plarining Commission
ResolLrrion 5334
Page19

CHU MIGUEL, CHAIRMAN
of Tulare Planning Commission
Terrtative Subdivision Map- 2019-14- Fernio Estates

Item #: 9.5
Consent

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: December 6, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Approve the final map for Phase 3 of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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

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

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

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

STAFF RECOMMENDATION:

Approve the final map for Phase 3 of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City on the final map.

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

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: November 28, 2022 City Manager Approval: ____________ RESOLUTION NO. 5066

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

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

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

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

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

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

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

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

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

DECEMBER, 2012
FOR: KCOK PAATNERS
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INTEROFFICE MEMORANDUM
Engineering Department Mike Whitlock, City Engineer
TO:

FROM:

SUBJECT:

LOCATION:

DEVELOPER:

DATE:

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

KCOK Partners
January 24, 2013
SOILS:

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

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

STREETS:

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

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

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

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

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

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

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

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

Driveway widths and spacing shall conform to City Code requirements.

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

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

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

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

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

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

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

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

UNDERGROUND UTILITY LINES:

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

SANITARY SEWERS:

Sanitary sewers shall be installed to City standards.

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

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

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

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

STORM DRAINAGE:

The storm drain layout shall be designed to City standards.

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

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

The minimum fall around curb returns shall be 0.3 foot.

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

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

FIRE HYDRANTS:

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

EASEMENTS:

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

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

WATER SUPPLY:

Water mains shall be installed to City standards.

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

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

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

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

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

STREET NAMES:

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

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

TRAFFIC SIGNS:

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

PAVEMENT DELINEATION:

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

STREET LIGHTS AND ELECTRICAL SERVICE:

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

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

PRIVATE IRRIGATION PIPELINES:

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

IRRIGATION CANALS:

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

TELEPHONE:

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

EXISTING STRUCTURES:

Any existing structures within the subdivision boundary shall be removed.

WELLS:

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

ELEVATIONS:

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

GENERAL CONDITIONS:

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

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

ADDITIONAL REQUIREMENTS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D 6) Other:

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

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

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

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

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

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

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

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

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

Landscape Standards in all of the plans.

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

Item #: 9.6
Consent

CITY OF TULARE

Accept a grant of easement for slope grading purposes associated with the Oakcrest Subdivision and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.

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

The Oakcrest Subdivision is located half a mile west of West Street on Tulare Avenue. As a condition of approval, the developer was required to construct a portion of a master plan storm drain basin and extend Cromley Street to the south. The basin and Cromley Street extension are located on the west edge of the property, adjacent to an existing agriculture field. The western edge of the property was constructed above the adjacent agriculture land, which resulted in a graded slope from the development to the existing agriculture land. A slope easement is being granted to the City for maintenance of the graded slopes adjacent to City facilities. The slope easement will remain in place until the property to the west develops.

A copy of the slope easement and certificate of acceptance for said conveyances are attached.

STAFF RECOMMENDATION:

Accept a grant of easement for slope grading purposes associated with the Oakcrest Subdivision and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: November 28, 2022 City Manager Approval: ____________

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated September 5, 2022, from Robert Bender and Richard Bender, cotrustees of the family trust created under the Wilfred S. Bender and Katherine M.

Bender 1995 trust, Robert W. Bender and Elaine F. Bender, as trustees of the bender family revocable trust of September 9, 2015, and Richard T. Bender, as trustee of the Richard T. Bender revocable trust of September 11, 2015, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on December 6, 2022, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant of Easement.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk
Item #: 9.7
Consent

CITY OF TULARE

Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Presido JJR Kensington II 100, LLC, a Delaware Limited Liability Company for construction costs associated with Phases 3 and 4 of the Kensington Estates subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

As part of the Kensington residential development located on the northwest corner of Cartmill Avenue and Mooney Boulevard, Presido JJR Kensington II 100, LLC, is required to install a traffic signal at the intersection of Cartmill Avenue and De La Vina Street. The traffic signal improvements are required to address traffic operational concerns related to the intersection of Cartmill Avenue and De La Vina Street, and serve regional needs beyond what would be required for the development itself. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

STAFF RECOMMENDATION:

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

DIF Local Streets & Traffic Signals / 230-3230-000
Submitted by: Michael Miller Title: City Engineer
Date: November 28, 2022 City Manager Approval: ____________

Page 1 of 6 ends

PRELIMINARY OVERSIZED REIMBURSEMENT AGREEMENT

CARTMILL AVENUE / DE LA VINA STREET TRAFFIC SIGNAL
This Preliminary Oversize Construction Reimbursement Agreement (“Agreement”) is made and entered into as of this day of , 2022, by
and between the CITY OF TULARE, a Municipal Corporation in the State of California (“CITY”), and PRESIDIO JJR KENSINGTON II, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“DEVELOPER”), with reference to the following facts:

WHEREAS, DEVELOPER is the owner and developer of the residential developments, named “Kensington Estates Phases 3 and 4” located on the northwest corner of Mooney Boulevard (State Route 63) and Cartmill Avenue (hereinafter and jointly referred to as “the Properties”), and
WHEREAS, the conditional approval of the Properties requires DEVELOPER to install a traffic signal at the intersection of Cartmill Avenue and De La Vina Street, and WHEREAS, Chapter 8.64 of Title 8 of the Municipal Code of Tulare requires, in the event that sewer, water, storm drain or street improvements are installed by a developer or a right of way is dedicated by the same, any of which contain supplemental improvements as described in that Chapter, that the CITY shall enter into a reimbursement agreement for oversize improvements with the developer; and WHEREAS, CITY and DEVELOPER desire to memorialize their agreement with respect to the foregoing as more fully set forth below in this Agreement.

NOW, THEREFORE, incorporating the foregoing recitals, and in good consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, CITY and DEVELOPER hereby agree as follows:

1. Reimbursable Off-Site Work. CITY and DEVELOPER agree that the following components of the improvements required as conditions of approval for the PROJECT, are eligible for oversized construction reimbursement by the CITY to DEVELOPER, in accordance with Chapter 8.64 of Title 8 of the City Code of Tulare:
a) Cartmill Avenue and De La Vina Intersection Improvements – The estimated value of the Cartmill/De La Vina traffic signal is as follows:

Traffic Signal Installation Lump Sum = $508,300
The total estimated costs eligible for oversize reimbursement is $508,300.

2. Oversize reimbursable costs shall be based on the actual cost of installation. In

Page 2 of 6 ends

addition, reimbursement shall be limited to the additional material costs where a difference in material quantities is involved. Reimbursement for right of way dedications shall be determined in accordance with the provisions of Chapter

8.64.030 (B) of the City of Tulare Municipal Code. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees directly attributable to the oversized portion.

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

4. The total principal and interest for oversize and/or excessive right of way dedication shall be paid to the DEVELOPER by the CITY in accordance with Chapter 8.64.020 of the City of Tulare Municipal Code which is incorporated herein.

5. CITY shall maintain a Reimbursement List for each fund maintained through the City’s DIF program. DEVELOPER shall be added to each applicable list in date order. The applicable date for purposes of proper placement on the Reimbursement List shall be the date upon which the City accepts the improvements following Notice of Completion.

6. Reimbursements are to be made by mail to the DEVELOPER at the following address:

Presidio JJR Lensington II 100, LLC
A Delaware Limited liability Company
5607 Avenida de Los Robles
Visalia, CA 93720
Attention: Joseph Leal

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

Page 3 of 6 ends

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

9. If either DEVELOPER or CITY brings an action, suit or other legal proceeding against the other for any matter relating to or arising out of this Agreement, then the prevailing party in such action or dispute, whether by final judgement, out of court settlement or otherwise, shall be entitled to recover from the other party, in addition to any other relief granted, all costs and expenses of such legal action, including reasonable attorney’s fees, unless otherwise mutually agreed upon by the parties.

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

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

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

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

14. Service of any notices or documents relating to this Agreement is proper through personal service to the City Manager’s Office or Developer’s above-stated place of business, or by U.S. Mail. Service shall be deemed complete upon personal service or upon the fifth (5th) calendar day following the post-marked date upon anything served by mail.

Page 4 of 6 ends

IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.
“DEVELOPER”
Presidio JJR Kensington II 100, LLC
By
Print Name: Joseph Leal
Title: President
“CITY”

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

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

Page 5 of 6 ends

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

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

Page 6 of 6 ends

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

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Item #: 9.8
Consent

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Office of Safety, Compliance & Facilities For Council Meeting of: December 6, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Approve the sale of APN 191-350-011 and APN 191-070-015 to Caltrans to construct the new interchange at International Agri-Center Way (formerly known as Commercial Avenue) on State Route 99 for the amount of $293,000.

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

At the May 4, 2021 Council meeting, staff met with Council in closed session for negotiations regarding the sale of city-owned property located next to State Route 99 south of Paige Avenue to Caltrans for the future development of the International Agri-Center Way (formerly known as Commercial Avenue) interchange. The property being sold comprises 72,745 sq./ft. of fee for APN 191-350-011 (Caltrans parcel number 88165) and 13,841 sq./ft. of fee for APN 191-070-015 (Caltrans parcel number 88226). The market value of the property being sold is based upon a market value valuation which is summarized on the attached Appraisal Summary Statement and in the amount $293,000.00.

STAFF RECOMMENDATION:

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

N/A
Submitted by: Josh McDonnell Title: Deputy City Manager Manuel Correa Safety, Compliance & Facilities Officer
Date: November 23, 2022 City Manager Approval: ____________ Attachments:

1. Resolution approving sale of property

2. Department of Transportation District 6 correspondence with noted attachments RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
APPROVING THE SALE OF PROPERTY APN 191-350-011 AND APN 191-070-015

FOR THE NEW INTERCHANGE AT INTERNATIONAL AGRI-CENTER WAY (FORMERLY KNOWN AS COMMERCIAL AVENUE)
WHEREAS, the City of Tulare (“City”) desires to sale property APN 191-350-011 and APN 191-070-015; and
WHEREAS, the City approved the property for sale and development; and WHEREAS, the City received an offer of $293,000.00 from California Department of Transportation (“Caltrans”) with plans for construction of a new interchange at International Agri-Center Way (formerly known as Commercial Avenue).

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

Section 1. The City authorizes sale with development agreements of property APN 191-350-011 and APN 191-070-015 to the Caltrans.

Section 2. The City Manager is hereby appointed as agent to execute and submit all documents necessary for the completion of the aforementioned sale.

PASSED, APPROVED, AND ADOPTED on 6th day of December, 2022.

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

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

Page 2 ends

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify that the foregoing Resolution 2022-XX was duly and regularly adopted by the City Council of the City of Tulare, California, at a meeting held on December 6, 2022, by the following vote:

AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: December ____, 20XX
By Melissa Hermann, Chief Deputy City Clerk

DEPARTMENT OF TRANSPORTATION
DISTRICT 6
855 M STREET, SUITE 200
FRESNO, CA 93721-2716
PHONE (559) 445-6243
FAX (559) 445-6215
E-mail: [email protected]
Serious drought.

Help save water!
January 11, 2021
The City of Tulare 06-TUL-99 PM 26.3/27.6
Attn: Josh McDonnell Parcel 88165 & 88226
411 East Kern Ave. Project I.D. 0616000074
Tulare, CA 93274 E.A. 0U8809

Re: Property is located at Assessor Parcel Number: 191-350-011 & 191-070-015 Dear Mr. McDonnell:

The California Department of Transportation (Caltrans) is proposing to construct a new interchange at Commercial Avenue on State Route 99.

A fee of 72,745 sq./ft. of parcel 88165 and a fee of 15,841 sq./ft. of parcel 88226 of the above-referenced properties are required for the project.

The enclosed contains the following acquisition documents relating to this transaction:
• Appraisal Reports
• Appraisal Maps outlining Caltrans Parcel No. 88165 & 88226 • Summary Statement Relating to the Purchase of Real Property or an Interest Within • Appraisal Cost Reimbursement Agreement
• Occupancy Certification
• Right of Way Contract & Deeds
• Title VI & Your Property Your Transportation Project
Please review documents and if you have any questions, contact me at (559) 445-6243 or e-mail: [email protected].

Sincerely,
Houa Yang HOUA YANG
Right of Way Agent
Enclosure

The California Department of Transportation is proposing to construct a new interchange at Commercial Avenue on State Route 99.

Your property located at 1285 E. Paige Ave in the City of Tulare in Tulare County is within the project area; and is also identified by your county assessor as Parcel No.191-350-011 & 191-070-015.

Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the Department of Transportation purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information:

1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.

2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed.

3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made.

The interest acquired is in fee. The property being purchased comprises 72,745 sq./ft of fee for parcel 88165 & 13,841 sq./ft of fee for parcel 88226 and is described in the attached deed and outlined in color on the attached map.

4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Appraisal Summary Statement and in the amount: $ 293,000.00 a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as residential; c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 6/2010) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2
(Form #)
d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the Department of Transportation.

5. Pursuant to Civil Code of Procedure Section 1263.025 should you elect to obtain an independent appraisal, the Department will pay for the actual reasonable costs up to $5,000 subject to the following conditions;

a. You, not the Department of Transportation (Department), must order the appraisal. Should you enter into a contract with the selected appraiser, the Department will not be a party to the contract;
b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA). c. Appraisal cost reimbursement requests must be made in writing and submitted to the Department of Transportation, Division of Right of Way, Attention: Houa Yang, 855 M Street, Suite 200, Fresno, California, 93721, within 90 days of the earliest of the following dates:
(1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the Department of Transportation concurrent with submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable.

6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the Grantor’s ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.

7. If you ultimately elect to reject the State’s offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.

8. You are entitled to receive all benefits that are available through donation to the State of California of all or part of your interest in the real property sought to be acquired by the Department of Transportation as set out in Streets and Highways Code Sections 104.2 and 104.12.

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 6/2010) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2
(Form #)

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3
__________________________________,
California
DIST. COUNTY ROUTE P.M. R/W E. A.
_______________________________202_ 06 TUL 99 26.3/27.6 0616000074 (0U8809)

___________________________________

___________________________________
Grantor
Document No. 88165-1 and 88226-1 in the form of Grant Deeds covering the property particularly described in the above instruments have been executed and delivered to Houa Yang, Right of Way Agent for the State of California.

In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:

1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Document No. 88165-1 & 88226-1 to construct a new interchange, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and
Grantee is compelled to acquire Parcel 88175-1 & 88226-1. (C) Both Grantor and Grantee recognize the expense, time, effort and risk to both parties in determining the
compensation for the property by eminent domain litigation.

The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.

2. The State shall:
(A) Pay the undersigned grantor the sum of $293,000.00 for the property or interest conveyed by the above documents when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes except:
-1-
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. d. Easement granted to Forest E Foster and James T. Foster for purposes of an irrigation ditch. Dated 12/27/1968 Book 2820, pg. 611
e. Granted to Tulare Inn, Inc., for purposes of a road. Dated 7/23/1965 book 2600, pg. 33
f. 26’ Irrevocable offer of Dedication. Dated 2/23/1994 Book 42, pg. 21
(B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the state, the premium charged thereof. Said escrow and recording charges shall not, however, include documentary transfer tax.
(B) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year
except the year in which this escrow closed, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien at
the close of escrow.

3. It is understood and agreed by and between the parties hereto that payment in Clause 2(A) above includes, but is not limited to, payment for 40 linear feet chain-link fence which are considered to be part of the realty and are being acquired by the State in this transaction.

4. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate grantors for the expense of performing the following work: 390 linear feet of chain-link fence, relocation of two (2) swing gates, and drainage basin excavation, compaction, and associated costs.

Part of Right of Way Contract No. 88165-1& 88226-1
-2

5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property by the State, including the right to remove and dispose of improvements, shall commence on SEPTEMBER 1, 2021, or the close of escrow controlling this transaction, whichever occurs first.

6. State agrees to indemnify and hold Grantors harmless from any liability arising out of State’s operation under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State’s operations under this agreement and State will, at its option, either repair or pay for such damages.

7. In consideration of the State’s waiving the defects and imperfections in the record title, as set forth in Paragraph 2(a), the undersigned Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor’s obligation herein to indemnify the State shall not exceed the amount paid to the Grantor under this contract.

8. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) agree(s) to hold State harmless and reimburse State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period exceeding one month. Grantor(s) acknowledges that a quitclaim deed will be required from any lessee that has a lease term exceeding one month.

Said quitclaim deed(s) is to be provided prior to the close of escrow.

9. The Grantor(s) agree that no improvements, other than those already on the property, shall be placed thereof; and the planting of any crops, trees, or shrubs or alterations, repairs, or additions to existing improvements which may hereafter be placed thereon are at Grantor’s risk and without expectation of payment if removed by the State.

Part of Right of Way Contract Number 88165-1& 88226-1
-3
This transaction will be handled through an escrow with the Fidelity National Company. 7475 North Palm Avenue, #107 Fresno, CA 93711 at (559) 431-8050 Escrow No: FFOM-2011902754
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

By: The City of Tulare
____________

JOSH MCDONNELL
Deputy City Manager

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: APPROVED:

By: _________________________ By: _______
HOUA YANG NICHOLAS G. DUMAS
Right of Way Agent Office Chief, Right of Way

By: _______

CHANIN MCKEIGHEN
Chief, Acquisition Branch

NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Part of Right of Way Contract Number 88165-1& 88226-1
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Item #: 9.9
Consent

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community Development
For Council Meeting of: December 6, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution authorizing the City Manager to execute the Permanent Local Housing Allocation (PLHA) Program application, the PLHA standard agreement and any subsequent agreement and any amendments or modifications thereto, as well as any other documents which are related to the Program or PLHA grant award to the City of Tulare.

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

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. Revenues collected will fluctuate yearto-year, with 70 percent of all revenue to the Permanent Local Housing Allocation (PLHA) Program reserved for locally administered affordable housing. The City of Tulare, an entitlement jurisdiction, is eligible to receive assistance under PLHA in the form of grants based on the formula prescribed under federal law for the Community Development Block Grant Program. Beginning in 2020, the California Housing and Community Development (HCD) Department released a Notice of Funding Availability (NOFA) and application for PLHA grant funds on a yearly basis. The City must submit an application to HCD for each PLHA allocation (three to-date) specifying an eligible use and readiness within 48-months of the respective allocation. Information on authorizing legislation and program guidelines are available at https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent-localhousing-allocation.

Eligible uses for PLHA formula allocations include the following:

3. Matching portions of funds placed into local or regional housing trust funds;

4. Matching portions of funds available through the low- and moderate-income housing asset fund pursuant to subdivision (d) of HSC Section 34176;

5. Capitalized reserves for services connected to the preservation and creation of new permanent supportive housing;

7. Accessibility modifications in lower-income owner-occupied housing;

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments;

9. Homeownership opportunities, including, but not limited to, down payment assistance;

Matching funds investments by both the county and the city shall also be a grant or lowinterest deferred loan to the affordable housing project.

On July 21, 2020, the City Council adopted resolutions 2020-39 and 2020-40, which established an investment plan for all PLHA funds the City receives and authorized the City Manager to execute PLHA Program applications, standard agreements with HCD, and all related documents. As a reference, the City’s adopted PLHA Program plan committed all grant funds in the form of a gap loan to Self-Help Enterprises, a real-estate development sponsor, for construction costs associated with Santa Fe Commons, 120-unit affordable multifamily project servicing households with incomes at or below 60 percent of area median income. Todate, the City requested and expended a total of $318,433 in PLHA grant funds, with an additional $1,039,615 available to draw against for construction costs with Santa Fe Commons. The overall amount of PLHA grant funds the City anticipates utilizing from the PLHA Program is $1,910,598.

FINANCIAL IMPACT: No financial impact to the general or other local fund involved.

STAFF RECOMMENDATION:

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

N/A
Submitted by: Alexis Costales Title: Sr. Housing and Grants Specialist Date: November 28, 2022 City Manager Approval: ____________ ATTACHMENTS:

1. Resolution to Reauthorize the City’s Permanent Local Housing Allocation (PLHA) Program Application and Plan
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

APPLICATION AND THE PLAN FOR THE PLHA PROGRAM
WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the State of California (the "State"), Department of Housing and Community Development ("Department") issued a Notice of Funding Availability ("NOFA") dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, City of Tulare is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.

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

Section 1. If the City of Tulare receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the City of Tulare may have with the Department.

Section 2. The City of Tulare is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $1,910,598 in accordance with all applicable rules and laws.

Section 3. The City of Tulare hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City of Tulare and the Department.

Resolution 2022-XX

Page 2 ends

Section 4. Pursuant to Section 302(c)(4) of the Guidelines, the City of Tulare's PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

Section 5. If applicable: City of Tulare certifies that it was delegated by __________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

Section 6. If applicable: City of Tulare certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

Section 7. If applicable: City of Tulare certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

Section 8. If applicable: Pursuant to City of Tulare's certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

Section 9. If applicable: City of Tulare certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within forsale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C).

Section 10. If applicable: City of Tulare certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

Section 11. City of Tulare shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

Section 12. The City Manager is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

Resolution 2022-XX

Page 3 ends

PASSED, APPROVED, AND ADOPTED on December 6, 2022.

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

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

Page 4 ends

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Councilmembers
NOES: None
ABSENT: None
ABSTAIN: None
Dated: December _____, 2022

By Melissa Hermann, Chief Deputy City Clerk
Item #: 10.1
Public Hearing

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Fire
For Council Meeting of: December 6, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None AGENDA ITEM:

Pass to print an ordinance repealing and replacing Title 3 (Fire Regulations), adding Chapter

7.05 (Code Enforcement Officer) of Title 7, amending Section 7.28.030 of Chapter 7.28 (Nuisances Generally) of Title 7, and repealing Chapter 8.20 (Weed Abatement) of the Tulare Municipal Code.

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

The 2022 California Fire Code has been incorporated into Title 24, as Part 9 of the California Code of Regulations and it will take effect on January 1, 2023. California Health & Safety Code Section 17958.5 authorizes the City, by ordinance, to make changes or modifications to the requirements contained within the provisions of the California Fire Code and other regulations adopted pursuant to California Health & Safety Code Section 17921(a) that result in more stringent local requirements.

This public hearing is to receive public input and provide opportunity for the Council to consider the approval of an ordinance that will set forth the modification or changes to the California Fire Code fulfilling the requirements of the California Health & Safety Code. Staff would take this opportunity to also relocate the references to Code Enforcement Officer in order to better represent the current City structure.

The local amendments proposed for adoption are limited to those essential to effectively administer Code responsibilities in daily operations and to maintain previous amendments approved by Council relating to fire and life safety. The clarification of language as it pertains to fire lanes, and updating the code to allow reasonable guidelines for open burning. These amendments are listed in Title 3 of the City Code.

STAFF RECOMMENDATION:

Pass to print an ordinance repealing and replacing Title 3 (Fire Regulations), adding Chapter

7.05 (Code Enforcement Officer) of Title 7, amending Section 7.28.030 of Chapter 7.28 (Nuisances Generally) of Title 7, and repealing Chapter 8.20 (Weed Abatement) of the Tulare Municipal Code.

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: Ryan Leonardo Title: Fire Marshal
Date: November 21, 2022 City Manager Approval: ____________ ORDINANCE 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING TITLE 3, FIRE REGULATIONS, ADDING CHAPTER

7.05 TO TITLE 7, HEALTH AND SANITATION, AMENDING SECTION 7.28.030 OF CHAPTER 7.28 OF TITLE 7, HEALTH AND SANITATION, AND REPEALING CHAPTER 8.20 OF TITLE 8, PUBLIC WAYS AND PROPERTY OF THE TULARE

MUNICIPAL CODE

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

SECTION 1. CODE AMENDMENT. Title 3 of the Tulare Municipal Code is hereby repealed and replaced with the following:

TITLE 3: FIRE REGULATIONS
CHAPTER 3.04

FIRE DEPARTMENT
Sections:

3.04.010 Code enforcement.

3.04.020 Rules and regulations.

3.04.030 Right of entry.

3.04.040 Apparatus and equipment usage.

3.04.050 Unlawful tampering with apparatus or equipment.

3.04.060 Interference with emergency operations.

3.04.070 Fire operations.

3.04.075 Fire lanes.

3.04.080 Fire hydrant clearance.

3.04.090 Investigations.

3.04.100 Powers of arrest.

3.04.110 Misdemeanors.

3.04.010 Code enforcement.

Under the direction of the Fire Chief, the Fire Department is authorized to enforce all ordinances of the city pertaining to the following:
(A) The prevention of fires;
(B) The suppression of dangerous or hazardous fires;
(C)The storage, use and handling of hazardous materials; (D)The installation and maintenance of alarm systems and fire extinguishing equipment;
ORDINANCE 2022-XX

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(E) The maintenance and regulation of fire escapes;
(F) The maintenance of fire protection and the elimination of fire hazards; (G)The maintenance of exists; and
(H)The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3.40.020 Rules and regulations.

The Chief, with the approval of the City Manager, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards, as may be necessary from time to time, to carry out the intent of this code.

3.04.040 Apparatus and equipment usage.

Only authorized personnel shall operate or otherwise ride on any fire apparatus while en route to an emergency incident.

3.04.050 Unlawful tampering with apparatus or equipment.

No person shall tamper with, handle, remove or otherwise injure any hose, ladder, fire apparatus or other equipment belonging to the city.

3.04.060 Interference with emergency operations.

Except as directed by authorized personnel, it shall be unlawful for any person to interfere with any Fire Department personnel performing their duty.

3.04.070 Fire operations.

The Chief, or any other officer of the Fire Department in charge of the scene of a fire or other emergency involving the protection of life or property, shall have the authority to direct such operations as may be necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous situations and take any other action necessary in the reasonable performance of their duty.

3.04.075 Fire lanes.

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when in conflict with other traffic, in a fire lane. Fire lanes may be designated on public or private property. Any person in violation of this section is subject to an administrative fine. Vehicles may also be subject to removal at the owner’s expense.

ORDINANCE 2022-XX

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3.04.080 Fire hydrant clearance.

No person shall stop, park or leave standing any vehicle within ten feet of a fire hydrant, except as provided in the Cal. Vehicle Code § 22514.

3.04.090 Investigations.

All fires of suspicious cause shall be referred to Fire Department investigator(s) who shall complete the investigation to determine cause, to secure and process evidence and to apprehend and prosecute those involved in criminal activity.

3.04.100 Power of arrest.

Each member of the Fire Department is hereby granted police power to arrest any person violating any of the terms or provisions of this chapter. If the arrest is to be made at any time or place other than the site and time of the emergency incident where the crime was committed, the Police Department or Fire Department investigator shall make the arrest.

3.04.110 Misdemeanors.

Failure to depart the lands and structures embraced within the emergency scene when requested to do so by Fire Departmental personnel, entering within clearly established boundaries denoting a restricted area, or violation of any of the other terms of this chapter are misdemeanors.

CHAPTER 3.08

FIRE PREVENTION CODE
Sections:

3.08.010 Adoption of fire codes, regulations and standards.

3.08.020 Establishments and duties of Bureau of Fire Prevention.

3.08.030 Definitions.

3.08.040 Dangerous and illegal fireworks.

3.08.070 Amendments to the California Fire Code (CFC).

3.08.080 Safe and sane fireworks.

3.08.090 Appeals.

3.08.100 Penalties.

3.08.110 Repeal of conflicting ordinances.

3.08.010 Adoption of fire codes, regulations and standards.

The city hereby adopts and incorporates into this code, as if fully set forth at length herein except as modified or amended by § 3.08.070, the following fire codes, standards and regulations to be controlling within city limits:
(A) The 2022 California Fire Code (CFC), which is drafted in the image of the 2021 ORDINANCE 2022-XX

Page 4 ends

International Fire Code (IFC), and which is found in the California Code of Regulations, Title 24, part 9, including Appendices B through N.

3.08.020 Establishment and duties of Bureau of Fire Prevention.

The California Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the city, which is hereby established and which shall be operated under the supervision of the Fire Marshal.

3.08.030 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS AND ILLEGAL FIREWORKS. All fireworks not defined and classified as "Safe and Sane" under the provisions of California Code of Regulations, Title 19 et seq.

JURISDICTION. Where the word is used in the California Fire Code, it shall mean the “City of Tulare”.

3.08.040 Dangerous and illegal fireworks.
(A) In order to enforce this chapter, only visual verification is required by an enforcement officer of where the offense occurred. Any person observed possessing dangerous or illegal fireworks, or accepting responsibility, may be issued a citation. In all other instances, any adult person legally entitled to reside at the location where it is reasonably believed dangerous or illegal fireworks originated may be cited. (B) In addition to any other remedy, penalty, or punishment stated herein or authorized by state law, each person who possesses or causes to be ignited dangerous or illegal fireworks, or violates any other provision of state law, as it relates to the sale, possession, or use of dangerous and illegal fireworks shall be subject to the imposition of an administrative fine. The schedule of administrative fines for such violations shall be imposed as per § 3.08.040(D).
(C)Persons in possession of dangerous and illegal fireworks in excess of 5,000 pounds shall be punishable under California Health and Safety Code § 12700(b)(4).

Persons in possession of "destructive devices" as defined in California Penal Code § 16460, shall be punishable under California Penal Code § 18710. (D)Each person who violates any section of this code shall be subject to the administrative fine as provided below:

Number of Offenses Amount of Fine
First violation $2,000
Second violation $3,000
Third and all subsequent violations $4,000
ORDINANCE 2022-XX

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Possession for sale $10,000
(E) For purposes of calculating the fine amount as specified in this section, the number of offenses shall include every documented instance within a 36-month period. (F) Fines collected pursuant to this section shall be utilized for the safe disposal of confiscated fireworks, public outreach to prevent the possession or use of illegal fireworks and for the continued enforcement of this section. (G)Any duly appointed City of Tulare employee, as specified in this code, having the authority to issue an administrative citation, may lawfully enforce the provisions of this section.
(H)Any person wishing to appeal a citation as issued per this section, shall follow the procedures as established in §§ 1.61.010 and 3.25.010 of this code. An advanced deposit of 50% of the fine levied shall be required. This shall not preclude an appellant the right to apply for a hardship.

3.08.070 Amendments to the California Fire Code (CFC).

The following sections of the 2022 California Fire Code (CFC) are amended and modified, for purposes of this ordinance, as follows:

Section 105.6.30 of the California Fire Code is amended to read:
105.6.32.34 Open Burning. An operational permit is required for any open burning, which has been approved by the San Joaquin Valley Air Pollution Control District.

Prohibited Open Burning. Notwithstanding other provision, open burning is prohibited as follows:

3. The fire code official is authorized to order the immediate extinguishment of any unauthorized open burning and may issue administrative citations and seek to recover costs in accordance with Sections 1.61 and 3.25 of this Code.

C103.3 Maximum spacing. The maximum spacing between fire hydrants shall be 500 feet for residential development and 300 feet in commercial development.

CC105.1 The average spacing between fire hydrants shall not exceed 300 feet for any school building.

D103.5(l) Where a single gate is provided, the gate width shall be not less than 20 feet.

Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 16 feet.

The following list of CFC sections are not adopted by the City of Tulare and are hereby deleted:

ORDINANCE 2022-XX

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109.1 through 109.3 111.1 through 111.4
307
308.1 through 308.1.1
308.1.6.1 through 308.1.6.2
308.2
308.3.1
319
Chapter 36
Appendix #A

3.08.080 Safe and sane fireworks.
(A) Condition of sale. It is unlawful for any person, firm, corporation, association or organization to sell or offer for sale any fireworks within the city, except as expressly permitted under the terms of and for the time period set forth in this section. (B) Time of sale. Subject to the provisions of the State Fireworks Law (California Health and Safety Code, Division II, Part 2 and §§ 12500—12637), and the provisions of this code and California Health and Safety Code § 12599.5, "safe and sane" fireworks as defined in California Health and Safety Code § 12529, may be sold within the city beginning at 12:00 p.m. on June 28 through 12:00 p.m. July 6 (hereinafter “days of sale”). The daily hours of sale on days of sale shall be 9:00 a.m. to 11:00 p.m.

Pyrotechnic displays may deviate from these restrictions subject to applicable provisions of the California Health and Safety Code, and provided they are approved by the Fire Chief or his or her designated representative. (C)Permit required. No person, firm, association, corporation or organization shall sell fireworks within the city without first having obtained a permit thereof (“fireworks permit”). Prior to issuance of a permit the requesting party shall fulfill all municipal licensing requirements and fire safety conditions outlined by the Fire Department. All permit applications shall be received in the Fire Marshal’s office by no later than 5:00 p.m. May 1, of each year. Each sales booth must obtain its own permit. (D)Information required for application. Each applicant for such permit shall file a written application within the Bureau of Prevention including:
(1) Tulare Fire Department Fireworks Application Form;
(2) Property Use Agreement Form with required signatures; (3) Certificate of Liability Insurance; and
ORDINANCE 2022-XX

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(4) State Fire Marshal Fireworks Retail License.
(5) Copy of the organizations non-profit status, such as 501 C3 filing. (E) Qualified organization. Permits shall only be granted to nonprofit organizations, corporations or local community service organizations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes (hereinafter “qualified organization”), which can demonstrate that a majority of their financial resources and manpower are donated to projects of benefit to the total community within the city limits of Tulare.
(F) Number of available fireworks permits.
(1) The total number of fireworks permits available to the public shall be determined by one booth for every 4,500 persons residing within the city as determined by the Planning Department population statistics.
(2) (a) Once approved for a fireworks permit, a qualified organization shall maintain the right to that permit from year to year unless terminated by any of the following:

1. A failure to engage in the business of retailing safe and sane fireworks in the city during the prior calendar year;

2. A safety violation that in the determination of the Fire Department created or had the potential to create a danger to the public;

3. A failure to maintain the requirements of this section; or

4. Any other violations of federal, state, or local law. (b) Such termination is immediate. An appeal may be made to the City Council by giving notice to the City Manager within five days of receipt of the notice of revocation.
(3) If a permit becomes available, either due to termination, voluntary relinquishment, or an increase in population, a notice shall be posted publicly for a twoweek application process. All completed applications will be reviewed and one eligible organization will be selected randomly by the City Clerk's office to fill the vacancy.

Applications can be picked up at either the Fire Department or the City Clerk's office. All completed applications must be turned in to the City Clerk's office by the date and time specified in the public notice.
(G) Application insurance requirements. Each applicant for a permit shall provide, prior to the issuance of any permit, a policy of public liability insurance with coverage of at least $1,000,000.
(H) Fees.

ORDINANCE 2022-XX

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(1) Prior to issuance of a fireworks permit, a permit fee, as determined by the current fee schedule for fireworks booth investigation, must be tendered to the city upon receipt of permit.
(2) A $50 safety clean-up fee is required for each organization approved to sell.

This fee is forfeited to the city in the event that the sales booth site is not left in a clean and orderly condition. Organizations forfeiting this fee must resubmit this fee prior to being permitted to sell the following year.
(I) Identification of fireworks booth locations.
(1) Each application shall contain a description of the site desired. Written permission of the property owner must be included in the application. (2) No booth shall be within 100 feet of any flammable liquid storage. (3) No booth shall be placed closer than 30 feet to any building or structure. (4) No booth shall be placed within 400 feet of another booth. (J) Fireworks booth construction.
(1) All retail sales of fireworks shall be permitted only from within a temporary fireworks booth. The sale from any other building or structure is hereby prohibited. (2) Fireworks booths need not comply with provisions of the Uniform California Building Code; provided the booth is erected under the supervision of the local Building Inspector who shall require the booth be constructed in a manner, which will, reasonably, insure the safety of attendant and patrons. (3) Each booth shall have a minimum of two exit doors.
(4) All lighting appliances used in the booth must be safe and in good condition, all bulbs or fluorescent tubes must be shielded against accidental breakage or contact.

No heating devices of any kind are permitted in or near fireworks booths. (5) All electrical wiring, including the power source, shall be installed to the satisfaction of the Building Inspector. Electrical wiring shall be at least 12 feet above the ground when subject to foot traffic, and 16 feet above the ground when subject to vehicle traffic.
(K) Operational requirements.
(1) No person other than a member of the licensee organization will be permitted to sell or otherwise participate.
(2) All permits are non-transferable.
(3) All persons engaged in the selling of fireworks shall be over the age of 18 ORDINANCE 2022-XX

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years. At least one person 21 years of age or older must be in attendance and in charge during the hours of booth operation.
(4) The hours of operations shall be limited as identified in division (B) of this section.
(5) Fireworks may be sold at the booth only.
(6) No sale or delivery thereof shall be made to any person under 16 years of age in accordance with California Health and Safety Code § 12689(b). (7) All permits and licenses shall be posted inside the booth. (8) Broken or damaged fireworks are not to be sold. The items will be collected and a receipt issued so credit may be received from the vendor. (L) Safety and security.
(1) Each stand shall be provided with two fire extinguishers, rated 2A10BC or better. Such equipment is to be serviceable and accessible during all business hours. (2) No smoking is allowed within 50 feet of any booth.
(3) "No Smoking" signs shall be placed on all exterior sides of each booth and one such sign shall be posted within the booth.
(4) All weeds and combustible material shall be cleared from the location of the stand or within 30 feet thereof.
(5) No person shall light or cause to be lit any fireworks or other combustible article within 200 feet thereof.
(M) Permit revocation.
(1) If, in the judgment of the Fire Chief or his or her agent or the Building Inspector or his or her agent, the construction of the booth or the conduct of the operation therein do not conform to the provisions of this section or if in any way the operation of the stand poses a threat to public safety, such officers or either of them, may have the permit revoked and/or the booth immediately closed.
(2) No person shall sell, store, hold or possess any fireworks classified as dangerous, including fire crackers, rockets or the like, from or within any booth. If such is discovered, the permit will be revoked and the booth immediately closed. (3) Failure to remove all traces of the booth and/or any debris resulting from the operation thereof within 48 hours of the close of business on July 6, shall result in the loss of the cleanup security deposit.

ORDINANCE 2022-XX

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(4) On the second Tuesday of May of each year, at 6:00 p.m., there shall be a meeting of all fireworks permittees and the Fire Marshal, at 800 South Blackstone in the city. Any organization failing to have a representative at this meeting will suffer loss of their permit.

3.08.090 Appeals.

Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Marshal to the Board of Appeals within 30 days from the date of the decision appealed.

3.08.100 Penalties.
(A) Except as specified below, any person who violates any of the provisions of this code or standards hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months or by both the fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
(B) (1) In addition to any other remedies, penalties, or punishments stated herein, and to the fullest extent permitted by law, any person who violates any of the provisions of this code or standards shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges.
(2) The city shall provide cost reimbursement to the State Fire Marshal if required pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of dangerous and illegal fireworks seized by the city, which costs will be part of any administrative fine imposed. However, such cost reimbursement shall not be required unless and until the State Fire Marshal provides services for the disposal of dangerous and illegal fireworks. (3) If the administrative fee, costs, or the cost of removal are charged against either 1) the owner of a parcel of land pursuant to this section or 2) the person cited pursuant to § 3.08.040 who is also the property owner where the citation was given, and said fees, costs, or costs of removal are not paid within 30 days of the date of the order, ORDINANCE 2022-XX

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or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to California Government Code § 38773.5 and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.
(C) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

3.08.110 Repeal of conflicting ordinances.

All ordinances and parts of ordinances in conflict with the provisions of this chapter are hereby repealed.

CHAPTER 3.12

OUTDOOR BURNING
Sections:

3.12.010 Outdoor burning regulations.

3.12.020 Air Pollution Control District.

3.12.010 Outdoor burning regulations.

Outdoor fireplaces and other approved devices are allowed if they comply with the following conditions:
(A) Fuel is to be clean, dry wood and/or charcoal without coatings or preservatives.

No debris, trash, garbage, demolition materials or yard waste shall be burned. (B) The fire is contained in a fire bowl, fire pit, chiminea or outdoor fireplace that has a fire area not larger than three feet in diameter.
(C) A homemade fire bowl or pit is permitted if the fire area is not larger than three feet in diameter and one foot in height, and constructed of noncombustible material that contains the fire and its embers.
(D) An outdoor fireplace shall not be operated within ten (10) feet of a structure or combustible material. Exception: Outdoor fireplaces used at one and two-family dwellings.
(E) Conditions such as dry weeds or other hazards that are nearby, or may cause a fire to spread from the outdoor fireplace, shall be eliminated prior to ignition.

3.12.020 Air Pollution Control District.

Nothing in this code shall authorize or permit any act or condition which is prohibited by the San Joaquin Valley Unified Air Pollution Control District Regulations or the rules or regulations of any air pollution control district established pursuant thereto.

ORDINANCE 2022-XX

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CHAPTER 3.16

HAZARDOUS MATERIALS
Sections:

3.16.010 Purpose.

3.16.020 Definitions.

3.16.030 Management of hazardous materials on properties.

3.16.040 Management of hazardous materials on streets.

3.16.050 Control of mitigation measures.

3.16.060 Notification of release of hazardous materials.

3.16.070 Costs subject to recovery.

3.16.080 Recovery of costs.

3.16.090 Appeals.

3.16.100 Billing.

3.16.010 Purpose.

In the event of a hazardous material release into or upon any land, water or air within the city, responsibility for scene management shall be the most appropriate agency or responsible party, as set forth in this chapter. The costs incurred by the city in cleaning up (mitigating) the effects of such a release shall be reimbursed by the person, firm or corporation found to be the responsible party for causing the release. Costs subject to reimbursement shall include those of the city for emergency response.

3.16.020 Definitions.

For the purpose of this chapter, the following terms shall apply.

CITY. The City of Tulare.

EMERGENCY. A sudden, unexpected occurrence which poses an unreasonable and imminent risk to life, health or safety of person, property or to the ecological balance of the environment and requires immediate action by emergency response personnel.

EMERGENCY RESPONSE PERSONNEL. Any person employed with either the Fire or Police Department of the City of Tulare or any other emergency-related governmental agency having jurisdiction within the City of Tulare.

HAZARDOUS MATERIAL. A substance or combination of substances, of any kind whatsoever, which, because of quantity, concentration, physical, chemical or infectious characteristics, may result in the following conditions:
(A) May cause or significantly contribute to an increase in mortality, an increase in serious irreversible or incapacitating reversible illness; and/or (B) May pose an unreasonable and imminent risk to the life, health or safety of persons, property or to the ecological balance of the environment when improperly released, treated, stored, transported, disposed of or otherwise managed.

ORDINANCE 2022-XX

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HAZARDOUS MATERIALS. Any material defined in Cal. Health and Safety Code § 25501 of Chapter 6.95, Division 20.

NONEMERGENCY. An occurrence that is not a life-threatening situation and, therefore, does not require the deployment of emergency response personnel.

PERSON. An individual, or any business entity, including but not limited to a trust, firm, corporation, joint stock company, partnership, association or the employer of the person.

RELEASE or HAZARDOUS MATERIALS RELEASE. The accidental or intentional spilling, leaking, pumping, pouring, burning, emitting, employing or dumping of hazardous materials into or upon any land, water or air which is unauthorized by federal, state or local governing agencies or statutes.

SCENE MANAGEMENT. The coordination and direction of personnel and equipment involved in the containment and cleanup activities of an incident.

3.16.030 Management of hazardous materials on properties.

In the event of an emergency release of a hazardous material on public or private property, excluding street rights-of-way, within the limits of the City of Tulare, the Fire Department shall be responsible for scene management. In the event of a nonemergency release of hazardous material, the Fire Department may designate another more appropriate agency to manage the incident.

3.16.040 Management of hazardous materials on streets.

In the event of an emergency or nonemergency release of a hazardous material on street rights-of-way contained within the limits of the city, the Fire Department shall have responsibility for scene management on all locally owned rights-of-way. Scene management of all state owned and maintained rights-of-way, including Freeway 99, shall be the responsibility of the California Highway Patrol.

3.16.050 Control of mitigation measures.

An emergency situation created by a hazardous material release which poses an imminent risk to the life, health or safety of persons, property or to the ecological balance of the environment shall be mitigated in the manner prescribed and pursuant to the direction of the Fire Department.

3.16.060 Notification of release of hazardous materials.

In the event of any hazardous material release of any kind, or threat thereof, the Fire Department shall be notified immediately of the location, nature of release and any proposed course of action to mitigate the effects of the release or to prevent the release from occurring. Notification is necessary for the purpose of maintaining records of incidents and exposures occurring within the city.

ORDINANCE 2022-XX

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3.16.070 Costs subject to recovery.

The costs for services incurred by the city resulting from a hazardous material release shall include, but not be limited to, the following: actual labor costs of city personnel, including all fringe benefits costs; temporary or permanent disability and/or medical expenses; administrative overhead; costs of equipment operation, repair or replacement; costs of material obtained directly by the city; cost of any contract labor; and any other reasonably related cost expended to mitigate the release.

3.16.080 Recovery of costs.

The expense of an emergency response may be charged against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectible by the city or other public obligation under a contract, expressed or implied.

3.16.090 Appeals.

In exceptional situations where it is difficult or impossible to comply with the strict letter of this chapter, any person, firm or corporation shall have the option to apply for an exemption from any provision of this chapter to the City Manager or designee. The City Manager/designee shall exercise those powers in such a way that the public welfare is secured. If an appeal has been initiated, the billing process will continue until the appeal is resolved. Appeal applications must be submitted within 90 days after the billing date.

3.16.100 Billing.

The city’s Finance Department shall issue an invoice for the costs incurred in mitigating or causing the mitigation of the effects of a release. Payment shall be due and payable within 15 days after the billing date. Failure to pay after 60 days from the billing date shall result in an additional ten percent late charge. Unpaid bills may be referred to a collection agency after 90-days’ delinquency or be assessed against the parcel of land involved in the incident pursuant to Cal. Gov’t Code § 38773.5 and shall thereafter be transmitted to the Tax Collector for collection.

CHAPTER 3.20

DISASTER MANAGEMENT
Sections:

3.20.010 Purpose.

3.20.020 Definitions.

3.20.030 Duties of the Director.

3.20.040 Unlawful acts.

3.20.050 Misdemeanor.

3.20.010 Purpose.

This chapter is constructed to serve the following purpose:

ORDINANCE 2022-XX

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(A) To empower the City Manager or his or her designee to prepare a plan of operation for the management of disasters and other catastrophic events. This plan is to be developed in accordance with state and federal guidelines using National Incident Management;
(B) To provide for the protection of persons and property within the City of Tulare in the event of such disasters;
(C) To provide for the coordination of the emergency operational functions of the city with all other affected agencies; and
(D) To sanction expenditures made in connection with such disasters, including mutual aid activities, as conclusively required for the direct protection and benefit of the inhabitants and property in the city.

3.20.020 Definitions.

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

DISASTER. Actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other public calamity. It shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.

EMERGENCY OPERATING CENTER (EOC). The physical location designated and used to conduct centralized management of the disaster situation.

EMERGENCY SERVICES. The preparation for management of disaster relief functions, other than functions for which military forces are primarily responsible, and to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision apply to, any condition relating to a labor controversy.

LOCAL DISASTER COUNCIL. The city officials identified in the Emergency Operations Plan who are responsible for its preparation and execution.

NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). The management process utilized by the management personnel operating in the EOC.

TULARE OPERATIONAL AREA (TOA). The unincorporated areas and the incorporated cities within the boundaries of Tulare County.

3.20.030 Duties of the Director.

In the event an emergency situation overwhelms or threatens to overwhelm local resources, or the proclamation of a state of disaster by the Governor, or in the event of a war-caused state of extreme emergency, the official performing the duties of the Director of the Emergency Operations Center (EOC), as authorized in the city’s Emergency Operation Plan, is hereby empowered to perform the following acts:

ORDINANCE 2022-XX

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(A) Activate the Tulare EOC and provide necessary staffing; (B) Make a declaration of a local state of emergency, the declaration to be ratified by the City Council at its next regular meeting;
(C) Cause the dissemination of appropriate warning signals and issue suitable advisory information to the Emergency Council and the public; (D) Advise the Tulare Operational Area EOC of the situation and activation of the city’s local EOC; and
(E) Request mutual aid through the California Office of Emergency Services if local deficiencies of personnel and/or equipment are indicated by the service chiefs.

3.20.040 Unlawful acts.

It shall be unlawful for any person to perform any of the following acts during a disaster:
(A) Willfully obstruct, hinder or delay any member of the Emergency Service Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter;
(B) To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the act is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of the city, or to prevent or delay the defense or protection thereof; and/or
(C) To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the federal government or the State of California.

3.20.050 Misdemeanor.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500 or by imprisonment in the County Jail for not more than six months, or both fine and imprisonment.

CHAPTER 3.22

HAZARD/WEED ABATEMENT
Sections:

3.22.010 Purpose.

3.22.020 Abatement procedure.

ORDINANCE 2022-XX

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3.22.010 Purpose.

It is unlawful, and declared a nuisance, when any person owning, leasing, or charged with the management of any undeveloped property, over one acre in size, is maintained in such a way that it constitutes a fire hazard as per the following condition:
(A) To maintain a property, including sidewalks and parkways adjacent thereto, containing dry or dead weeds, grasses, trees, shrubs, tumbleweeds or any other dry vegetation in a manner of growth to constitute a fire hazard.

3.22.020 Abatement procedure.

In an effort to maintain consistency and efficiency, the abatement process shall be followed as per the following sections of this code: 7.28.150, 7.28.170, 7.28.180,

7.28.190, 7.28.200, 7.28.240 and 7.28.260, or any other procedure allowed by law.

CHAPTER 3.25

ADMINISTRATIVE FINES
Sections:

3.25.010 Administrative fine schedule.

The City Council of the City of Tulare in an effort to more efficiently administer all fines, as referenced within each chapter of the Tulare Municipal Code and associated with its administrative citation process hereby sets forth an Administrative Fine Schedule to be established and adopted by resolution.

SECTION 2. CODE AMENDMENT. Chapter 7.05 (Code Enforcement Officer) of Title 7 (Health and Sanitation) of the Tulare Municipal Code is hereby added to read as follows:

CHAPTER 7.05

CODE ENFORCEMENT OFFICER
Sections:

7.05.010 Code enforcement officer.

7.05.020 Duties.

7.05.030 Enforcement.

7.05.040 Compliance.

7.05.010 Code enforcement officer.

Any duly appointed employee of the Office of Safety, Compliance and Facilities as a Code Enforcement Officer shall be authorized to perform the enforcement duties identified in this code. The Code Enforcement Officer will work closely with members of ORDINANCE 2022-XX

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other departments and the Code Enforcement Officer shall be under the supervision of the Safety, Compliance and Facilities Officer or his or her designee.

7.05.020 Duties.

The duties of the Code Enforcement Officer shall include, but are not limited to, issues involving property maintenance by abating hazardous conditions which threaten the life, health and safety of the public, and any other provisions allowed by law.

7.05.030 Enforcement.

The Code Enforcement Officer shall enforce the provisions of all applicable state and city codes including, but not limited to, the City Municipal Code, the California Health and Safety Code, Uniform Code for the Abatement of Dangerous Buildings, as the codes may, from time to time, be amended.

7.05.040 Compliance.

The Code Enforcement Officer shall work with property owners/residents to obtain voluntary compliance; however, the Code Enforcement Officer shall also have authority to issue citations and pursue other legal remedies as necessary.

SECTION 3. CODE AMENDMENT. Sections 7.28.030(F) and 7.28.030(P)(5)(b) are hereby amended to read as follows:
…
(F) To maintain property, including any sidewalks and parkways adjacent thereto, containing weeds, dry grasses, dead trees, dead shrubs or any other material which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth, or location constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs, including but not limited to sagebrush, chaparral and Russian Thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blown onto adjoining property by prevailing winds; except, as otherwise exempted by Chapter 3.22 of this Code; …
(P) (5) (b) Trees, shrubs, lawns and other landscaping shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns. Parcels in the R-A zones shall comply with the weed abatement standards in Chapter 3.22 of this Code; and, in any case, dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values, shall be abated.
…
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SECTION 4. CODE AMENDMENT. Chapter 8.20 (Weed Abatement) of Title 8 (Public Ways and Property) of the Tulare Municipal Code is hereby repealed.

SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 5. All ordinances and parts in conflict herewith are hereby repealed.

SECTION 6. This Ordinance shall be in full force and effect thirty (30) days from and after its passage, adoption, and approval.

PASSED, ADOPTED, AND APPROVED on 6th day of December, 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
Item #: 11.1
General Business

CITY OF TULARE

Receive a presentation by Caltrans District 6 staff regarding their efforts to prepare a Complete Streets Study for the Inyo Avenue (State Route 137) corridor between West Street and I Street.

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

At the request of City staff, Caltrans initiated studies on the Inyo Avenue (State Route 137) corridor between West Street and I Street to evaluate the need for additional pedestrian, bicycle and traffic calming facilities, and to identify recommended improvements that would allow the roadway to function as a complete street serving multiple modes of transportation.

STAFF RECOMMENDATION:

Receive a presentation by Caltrans District 6 staff regarding a Complete Streets Study being prepared for Inyo Avenue (State Route 137) between West Street and I Street. Following the presentation, Councilmembers are encouraged to provide feedback regarding the presentation, including additional insight regarding how proposed improvements could be tailored to best meet the needs of the community.

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: November 28, 2022 City Manager Approval: ____________ Item #: 11.2
General Business

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community Services
For Council Meeting of: December 6, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Review and consider a term sheet precedent to entering into an operating agreement with Spade Entertainment to serve as operator of the Zumwalt Park Amphitheatre.

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

On December 7, 2021, City Council approved $9,820,000 of non-Category 3 American Rescue Plan Act (ARPA) funding to be used on various programs and projects to offset the economic impacts of the COVID-19 pandemic on the City of Tulare. Included in this funding is $5,000,000 allocated for the construction of the Zumwalt Park Amphitheatre and renovation project.

On January 18, 2022 the City Council approved a contract with Lane Engineers for conceptual design services for the renovation of Zumwalt Park and Amphitheatre. These were presented to members of the community in a public outreach meeting held on May 4, 2022. In addition, staff made the same presentation to the Tulare Parks and Recreation Commission on June 14, 2022 and has made similar presentations to a number of local groups and associations.

On July 27, 2022, a Request for Proposals (RFP) for the Zumwalt Park Amphitheatre Operator was published and due on September 14, 2022. Staff advertised the RFP locally and on the City website. In addition, staff reached out to the following firms listed below, which currently operate amphitheaters, through email and personal phone calls:
• Live Nation,
• Spade Entertainment,
• AEG Worldwide,
• Grand Performances,
• Another Planet Entertainment,
• Source Management Group, and;
• Neste Live.

Staff received a proposal from Spade Entertainment out of Folsom, California which currently works with the City of Rocklin, City of Citrus Heights and the City of Sacramento on various entertainment projects. Spade Entertainment has over 25 years of experience in radio, special events and the concert business. They produce live music, cultural events, music festivals and corporate rentals at various parks in Northern California. They produce a combined 70 shows a year at various locations with crowd estimates from 1,000 to 18,000 people. They strive to put “heads in beds at hotels and making your City a destination.” Over the past several weeks, staff has been discussing an operations and compensation term sheet with Spade Entertainment. The highlights of the term sheet (please see Attachment 1) are as follows:
• A three-year agreement with a three-year option
• The Operator will schedule 15 events the first year and more events in subsequent years
• The City will receive $1 for every ticket sold and will be responsible for collecting all parking revenue fees. The City will receive twenty percent of all sponsorship revenue collected after costs. The City will collect $1,000 for every private party rental that comes from the Operator.
• The City will pay the Operator $100,000 the first year and $75,000 in subsequent years for all aspects of event marketing/management for the venue. • The City will be responsible for security deposits of $150,000 for each year of the agreement for the ability to book talent; In turn, the Operator would reimburse the City 100 percent of the booking fees 30 days after each event. • The Operator will handle all aspects of food and beverage at the venue. • The Operator will have commercial general liability insurance naming the City of Tulare as additional insured.

STAFF RECOMMENDATION:

Review and approve the draft term sheet included as Attachment 1 with Spade Entertainment to serve as operator of the Zumwalt Park Amphitheatre. If approved, staff will negotiate an operating agreement to the satisfaction of the City Manager and City Attorney.

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

N/A
Submitted by: Jason Glick Title: Community Services Director Date: November 28, 2022 City Manager Approval: ____________

0’ 10’ 20’ 40’ 60’
preferred conceptual design JUNE 6, 2022 SCALE 1” = 20’ Tule brush themed splash pad
Splash pad to pay homage to original pond in Zumwalt park long ago Formal central green
Stealth-ship-themed play

ZUMWALT PARK I

PLAYGROUND

FENCING
SPLASH
PAD

AMPHITHEATER & STAGE

PARKING &

STAGING

AREA FOR

CONCERTS

SOUTH N STREET

M STREET

EAST KERN AVE
EAST TULARE AVE.

VIP BOOTHS
(E) PAVILION
FLEX

GRASS AREA
(POTENTIAL

VIP AREA)
TURF
TURF

PAVERS/DECORATIVE

CONCRETE FOR FOOD TRUCK
& EVENT SPACE

LOADING AREA
(E) MATURE

TREE TO
REMAIN
(typ.)
TURF TERRACED SEATING (4’TOTAL GRADE CHANGE)
(E) ZUMWALT

ANCHOR &

INTERPRETIVE SIGNAGE
-4
-3
-2
-1
+0
RESTROOMS +

SPLASH PAD

MEP ROOM

ELECTRICAL

CONTROL

PARK SIGNAGE &

EVENT BANNER

DESIGNATED

SEATING
AREA

MAIN ENTRY GATE

FLEXIBLE PLAZA SPACE
TURF
USS Zumwalt - play area inspiration
Zumwalt Amphitheatre
City of Tulare
Presented by:

Todd Speelman
Claudia Speelman

GENERAL INFORMATION
Spade Entertainment, LLC
1276 Hodgson Court
Folsom, Ca 95630-8413
Tax ID: 37-2064916
Owners:

Todd Speelman
Claudia Speelman

ABOUT US
Todd Speelman – Owner & Lead Producer
Todd has developed a great passion for events while working in the radio industry for over 25 years. While working for major stations in Sacramento and San Diego and assisting in the Los Angeles and San Francisco area markets, he has found tremendous success and found his talents are best utilized producing events – specifically live music. He has gained invaluable knowledge and experience managing operations, i.e., artist contract negotiations and compliance, successful marketing techniques and campaigns, sponsorships, city permits and compliance, vendors, security and safety measures, buildout, enhancing ticket holder experiences through direct communication, including VIP and front-of-stage offerings and, ultimately, finding ‘what works’.

Through his many successes in this area, he is dedicated to producing future events under this joint venture with his partner and wife, Claudia.

Claudia Speelman – Owner & Hospitality/Merchandising Manager Claudia began her career as a secretary, working in the construction industry, then the health industry, serving PMs, VPs, a CFO and managing several employees over a period of 23 years. After a long and successful career in this field, and raising two amazing children, she decided to pursue a childhood dream of becoming a flight attendant. In March of 2008, she made that dream come true and began her new journey flying for the prestigious Delta Air Lines. During COVID, after considerable thought, she opted to take a much coveted retirement package and, in August of 2020, hung up her wings. She always referred to that career as her “fun job”, so it was a tough decision for her to make, but the timing couldn’t have been more perfect. Her best friend and husband, Todd, was beginning his own new journey as a producer and she would become a valuable partner and asset to their new business venture. She brings with her a love of people, of attending to their needs through providing the highest level of customer service, sprinkled with warmth and kindness. Throughout her life and in her careers, she has attained valuable tools and honed her skills in serving the public, bringing high energy and a positive attitude to everything she does. Over the last 2 years, she has helped nurture and grow the hospitality side of the concert business and will bring new life to the merchandising end of it. The artists appreciate her attention to detail and her thoughtful, personable nature.

Our greatest joy is bringing live music to people – seeing them sing and dance with their friends and family, living life. We have such gratitude that we are able to drive traffic to small businesses in our region, getting their brand in front of the public, and giving them the opportunity to share in something very special, to be a part of something so pure and essential…Music for the Soul!

OUR EXPERIENCE
• Produced hundreds of different shows/events from live music to ice skating rinks, womens’ empowerment events, comedy,
speaker series and much more.
• 25 years in the radio business working with the best productions and developing brand relationships.
• Crowds ranging from 1,000 – 18,000.
• Contracts with City of Rocklin, Sacramento and City of Citrus Heights.

THE FAN EXPERIENCE
The experience for the ticket holder is key for us. We think and act like the ticket holder from the moment they hear/see our marketing, to the moment they walk through our main gates and enjoy the show.

We ask ourselves questions like;
• “Are we treating everyone as we would want to be treated?”, “Is it easy to get to everything or is it confusing?”
• “Is the venue clean?”
• “Are we providing a safe and enjoyable atmosphere?”
• “Are our employees treating the ticket holders with respect and kindness?”
• “Are they getting their value?”

WE DELIVER A MEMORABLE
EXPERIENCE!!

ADMINISTRATION
• We begin planning a minimum of 12 months in advance by, routing talent and creating events. Typically, we will work with a point person from the city on my list of artists and potential dates just to make sure everyone is on board with the genre of music. Once I confirm the artist, I confirm with city. • Sample proforma is attached. We build one out for each show and update it weekly, then close it out within 30 days of each show. • Sample SOP is attached. We will update this with all the correct information at least 6 months out from the first show.
• If awarded the contract, one of our main goals with the local business owners is:
• I will visit the business owners in the immediate surrounding area and introduce myself. Crowds will impact their business (In a positive way, but they may have some concerns) and I am there to get them excited about the venue. I will then broaden my outreach for sponsorships and more and will also hire local businesses for services and items needed at the venue for which I am responsible.

TALENT
• We work in various spaces to acquire the best talent, whether it’s a record label, manager, agent or relationships we already have with artists.
• Our goal is to drive crowds and put on the best shows/events • Our goal is to book artists at more locations. Artists like dealing with one producer booking as many dates as possible to create the best routes.
• For local bands, we will look for local talent to feature. We simply ask them to submit their assets and then we match them with our headliner based on their genre.

PRODUCTION
• We have most of our own equipment and some of it will be stored on site to help with production expenses.
• We have our own staff of labor and engineers. They are all certified in the areas of their expertise.
• Every show has different requirements and our goal is to always get the artists what they request and need so they, in turn, will put on the best show.

CORPORATE EVENTS
• Numerous companies reach out to us to host their corporate events and most of them include music. We are happy to work with them and create memories. • We handle them from beginning to end, which they appreciate.. We are full-service for them and can include live music or tie them into one of our current shows and create special spaces for their employees.

MARKETING
• We have relationships with all major Radio(traditional and App-based)/TV groups. We would be working locally but also within a 90 mile radius on some major shows. • We will seek out and develop relationships with any local media that we do not currently have relationships with. • We work with the city and our sponsors launching a very active and heavily paid Social Media presence. • We do hundreds of interviews for all types of media.
• We are strong in pinpointed digital media.
• We tap into all resources with our sponsor’s assets.
• We develop Billboard campaigns.
• Depending on the act, we have major artist photographers come out to shoot and they publish in various music websites/magazines. • We spend thousands of dollars on marketing, not only for the act but for the venue.

VENUE OPERATIONS
• EAP is attached with SOP.
• Currently we use Easter Seals for janitorial – this is a possibility for Tulare, pending approval, but if they are unable to we will seek other options.
• We have private security in place at all required points • Staffing is in two areas – PRODUCTION and OPERATIONS. The FOH leads the production team and load-in/out crews. I handle all operations and oversee production. Claudia handles all hospitality and merchandising.

Roles include the following:
• Setup/Teardown - Exits - VIP Hosts - Main Gates - Production Load-in/out - Engineers - Hospitality - Runners -
Merchandising - Servers - Bar (serve/ID/wristband) hosts and more

FOOD & BEVERAGE
• We typically handle all food with food trucks. We will have snack options and sell sodas and water on site and handle all of that ourselves.
• For the bar, we work with a non-profit and provide a beer and wine sponsor.
• We work closely with the city health department on all permits and licensing and have never been fined or written up.
• We work with the ABC and follow all rules for pouring alcohol and have never been fined or written up.
• We typically will find a winery and brewery as a sponsor. If we are serving pre-mixed drinks, we may work with a hard liquor sponsor and pre-mix on site.
! “Amazing Venue! Not a bad seat in the house. Staff is very friendly and plenty of parking.” “Amazing venue. Great sound system. Good people all around. Fun time!” “The staff was helpful, friendly and available for questions.” “My first time at the Quarry and I loved every minute of it. Dave Koz and Friends were on fire and incredible. I will definitely return to this venue. The VIP section was perfect. Thank you so much for the great show and ambiance.“
“I loved this intimate venue experience. I look forward to coming back.“ “We went to see WAR last weekend. They were amazing! As a birthday treat to myself, I upgraded to VIP and I am so glad that I did. We entered through the VIP entrance, which had no line and red carpet, 30 minutes before the general admission entered. The seats to this venue are incredible from everywhere, but this included a chair and a table and the added bonus of having a private bar, just for the VIP patrons. After going to the restroom and seeing the line that everyone else had to wait in, the VIP was worth it. Food was also included in the price. There are food trucks with other items that can be purchased as well,“

WHAT THE ATTENDEES SAY ABOUT US
“The venue, stage, and crew were incredible…one of the best I’ve worked with. The hospitality and the way we were treated was 5-STAR.“ -PABLO CRUISE
“You guys really know how to treat a band that is touring hard. Everything was top notch and you took care of all our wants and needs. Todd & Claudia, - you are the best.“ -THE SMITHEREENS “Your team treats us better than most of the fancy wineries we go to (chuckle). The crowd was great and the atmosphere was incredible. Will you have us back?“ -DAVE KOZ & FRIENDS “Todd, I know I didn’t' get to make it out to the show but I want to tell you the guys said nothing but incredible things about all of you and your hospitality and what you did for them. They love working with you.“ -THE TUBES (Tour Manager)
“Y’all have been INCREDIBLE. Especially after a long day of traveling to get here you make us feel at home. THANK YOU!” -THOMPSON SQUARE
“They know how to do it and on top of that you run a tight ship around here and keep everyone on time and focused. GREAT JOB.“ -LEGENDS OF MOTOWN

WHAT THE ARTISTS SAY ABOUT US
WHAT THE ARTISTS SAY ABOUT US - cont’d. “Boy you guys sure know how to treat a few country boys. Everything we need is here and waiting for us.

Thank you. Thank you for everything. Let’s do this again!“ -PARMALEE “Todd, thank you so much for everything. From beginning to end you guys just make it all happen. Thank you!“ - RED VOODOO “WOW! We are always on our bus but the way you guys treat us we just want to hang out with you guys in the green room. Thank you for all the hospitality. you (Todd) and Claudia are the stars!” - LONESTAR “Constantly on the road you never know what you're going to run into at the next stop. Well, now we know with you guys there is no wondering. You guys run an incredible operation from top to bottom. Thank you for putting our minds at ease and letting us do our thing.” - JACK RUSSELL’S GREAT WHITE “WOW! you guys really know how to treat a touring band. Thank You.” -AVERAGE WHITE BAND “Thank you for working with us on all of our needs and making us feel at home. When we needed you - you were there. We can’t wait to play the venue again.” -Y&T

MISCELLANEOUS DEAL POINTS
• We work with Police, Fire and EMS on all shows the entire season. Our relationship with them is important to us.
• We will work directly with the health department to ensure all food and beverage vendors have the proper permits.
• If awarded the contract, we will produce an SOP for the location which include logistics of site cleanup and more.
• If awarded the contract, we will provide you with proper insurance information naming the City of Tulare as additional insured.

CHALLENGES
• Getting Artists and attracting big name talent to Tulare can be challenging. Tulare is off the regular tour path and can become expensive. The advantage is that Artists like to play newer venues and we would most likely be booking them at several locations. We also have strong Artist relationships and buying power.
• Large businesses in Tulare that can support sponsorship. Sponsorship is key for us to make some money and still bring big names to the venue.
• Staffing expenses, when we are local, will be higher. This includes hotels, food and more. • There is no history of how ticket sales are for large scale performers in this area. There is also not a history of how many events is too many for the public – how much can they take/afford. The first two years will be key in determining the right formulas.
• Event insurance is extremely expensive as of this 2022 year and adding a location is a large investment on our part.

FINANCIAL
• We request that the City of Tulare pay an annual marketing/ management fee for us to administer the space :
• $100,000 the first year
• $75,000 each year after, for the term of the contract This is to be used for marketing, as well as a percentage for equipment (specifically the first year) • We will create/produce at least 15 key concerts/events per year and more in subsequent years. • The City of Tulare will handle all parking and collect all fees. • Producer will pay the City of Tulare $1.00 per paid ticket for each show/event at the venue. • Producer will pay the City of Tulare 20% of all paid sponsorship monies, after any expenses/needs of the sponsor (i.e., tables, tents, signage etc.)
• Producer will pay a flat rate of $1,000 to the City of Tulare for any rental from a third party or non-paid ticket event.
• Producer will pay for any food/beverage equipment expense that is not fixed to location/building.

THANK YOU
We would love the opportunity to put this beautiful new venue on the map and make it one of the most successful venues in the region for you and the City of Tulare! This won’t be an easy task but we like a challenge and are confident that, with this strategic partnership, we can make this a win-win for all of us.

Working with the City’s team so far has been incredible and we appreciate the communication and support.

Thank you,
Todd & Claudia
Spade Entertainment
Attachment 1
Zumwalt Park Operator
Key Ground Lease Terms Sheet
A. PARTIES, TERM & TERMINATION

1. Parties - SPADE ENTERTAINMENT(Operator) and City of Tulare (City) as City

2. Premises - The Zumwalt Park Amphitheater intended for use as an entertainment venue for concerts, cultural events and festivals. Zumwalt Park is located at (See Exhibit “B”)

3. Term – A three year agreement.

4. Renewal - Two additional three-year mutual option terms; conditions to be discussed and possibly renegotiated.

5. Default -Operator to provide written notice, City allowed 30-day cure period.

6. City to provide written notice, Operator allowed 30-day cure period.

B. USE OF PREMISES

1. The premises shall be used for the purpose of entertainment, private rentals, concerts, cultural events, festivals and public use when the facility is not in use by the Operator. The venue is anticipated to hold twelve events for the first year of operation along with private rentals. The ultimate goal is for the venue to host twenty family friendly oriented events per year along with private and public rentals. ( See Attachment A)
C. DESIGN AND CONSTRUCTION

1. The City shall be solely responsible for completing the design and construction of the Zumwalt Park in general accord with the 75% construction plans and assuming available funding and all applicable code requirements.

2. The Operator will serve as a nonbinding advisor during the design phase of the Zumwalt Park Redevelopment Project.

D. CITY REVENUE
Ticket Sales

1. The Operator will pay the City $1 for every ticket sold per event. It is anticipated that the City will receive $900.00 of ticket sale revenue on average for each event for the first year. The Operator anticipates twelve events for the first year for a grand total of $10,800.00 of revenue based off of ticket sales. The Operator anticipates participation and ticket sale revenue to increase after the first year.

Parking

2. The City will be in charge of parking for all events. The City will provide 200 general admission parking stall locations (Exhibit A) and 60 VIP parking stalls for a total of 260 parking locations as determined by the City. It is recommended that VIP parking is $15.00 per vehicle and general admission parking is $10.00 per vehicle. The Operator anticipates a grand total of $30,000.00 of revenue based off of parking tickets. The anticipated expenditures for parking will be $2,500.00 for a net revenue to the City of $27,500.00 for the first season.

Sponsorships

3. The Operator wishes to have an 80/20 sponsorship split after expenditures. The Operator anticipates collecting $100,000.00 of sponsorships revenue and anticipates $10,000.00 of expenditures for a net value of $90,000.00. The City’s take would be $18,000.00 of revenue from sponsorships. The City retains the naming rights to the Amphitheatre.

Private Rentals

4. The Operator anticipates three private rentals for the first year. The City will collect $1,000.00 per private rental from the Operator. For example, if the Operator gets three private rentals the first year the City of collects $3,000.00.

Net Revenue Total

5. The combined net revenue to the City of Tulare from ticket sales, parking, sponsorships and private rentals is estimated to be $59,300.00 for the first season of operation with the opportunity to increase each year of the agreement.

Economic Impact

6. Special events like these in Zumwalt Park will attract visitors, which will stimulate new economic growth to our City and attract visitors and residents to our downtown businesses and restaurants. It is anticipated that the Operator will bring in 10,000 visitors to Tulare in year one of the agreement and 30,000- 40,000 visitors to Tulare by the end of year three.

E. SECURITY DEPOSITS

1. The City will be responsible for security deposits of $150,000.00 for each year of the agreement for the ability to book talent. The City would use these funds to cut checks and work with the Operator to book talent and in turn the Operator would reimburse the City 100 percent of the booking fees thirty days after the scheduled event in addition to the net revenue requirements.

F. MARKETING/ MANAGEMENT FEES

1. The City would pay the Operator $100,000.00 for the first year of the agreement for marketing and management purposes. For the second and third year of the agreement the fee would drop to $75,000.00 per year. All marketing and management funds will be used for marketing purposes including news print, social media, venue promotion, digital media, radio, television, billboard campaigns, interviewing talent, magazines, etc. The marketing radius will be from Bakersfield to Merced. It is estimated that it will take three to five years to establish the venue.

2. A portion of the marketing and management funds will be used for production equipment at the venue.

3. Less than 10% of marketing fees will be used for administrative costs and the City may demand records to substantiate any amounts. Operator may not utilize outside companies partially or wholly owned by Operator, its agents or principals for marketing.

G. MAINTENANCE
1 The City shall be responsible for capital maintenance (ie. Amphitheater, mechanical systems maintenance, general park maintenance parking lot, etc.)

2. The Operator shall be responsible for booking events, marketing , food and beverage, event set up and take down, trash and all City required event permits.

3. The Operator shall be responsible of all equipment associated with their events. 2 H. SECURITY

1. Any and all private security is the responsibility of the Operator. The City will have police patrol all scheduled events.
3 I. UTILITIES

1. The City shall be responsible for all utility costs on the premises. 4 J. INSURANCE AND INDEMNIFICATION

1. The City shall have the absolute obligation at all times to meet and maintain all minimum insurance requirements.

2. Operator shall meet and maintain at all times the minimum insurance requirements set by the City.

3. Commercial General Liability
a. The Operator shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Operator’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide the City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by Operator shall not affect coverage provided by the City.
c. Coverage shall state that Operator’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4. Workers’ Compensation and Employers’ Liability- Statutory a. Operator shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Operator shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City and County, its officers, agents, employees, and volunteers.
(Coverage can be waived by City, if Operator, in writing, confirms not required to carry coverage)

5. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City , except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Operator shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

The Operator must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. e. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Operator.
5 K. MISCELLANEOUS

1. The Operator agrees to ensure the City is appropriately represented in all marketing and promotional materials as a partner.

2. The City will assist and guide the Operator on securing sponsorships.

3. The City will work with the Operator and be able to schedule their traditional events at Zumwalt Park.

4. The Operator will be responsible for all alcohol sales including staff training and compliance with ABC requirements and all Food and Beverage sales are the responsibility of the Operator.

5. The City will have the opportunity to review, approve, or deny artists.

6. The City will work with the Operator on the storage of their equipment and accessories.

7. The Operator will need to conduct an annual report.

Item #: 12.1
Successor Agency

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Finance
For Council Meeting of: December 6, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution of the Successor Agency to the former Tulare Redevelopment Agency approving and adopting the recognized obligation payment schedule for the July 1, 2023 through June 30, 2024 period and the Fiscal year 2023-24 Administrative Budget.

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

The Successor Agency to the former Tulare Redevelopment Agency will consider a resolution approving the Recognized Obligation Payment Schedule for the July 1, 2023 through June 30, 2024 period and the Fiscal Year 2023-24 Administrative Budget.

The ROPS must be approved by the Oversight Board to the Successor Agency (“Oversight Board”) and submitted to the California Department of Finance (“DOF”). The ROPS for the period July 1, 2023 through June 30, 2024 (“23-24”), attached as Exhibit “A,” is due to DOF by February 1, 2023. A copy of the ROPS must also be submitted to the Tulare County AuditorController (“Auditor-Controller”) and the State Controller’s Office, and posted on the City website.

City-Redevelopment Agency Loan (Item 12)
The City and the Former RDA entered into a Loan Repayment Agreement (“Agreement”) on April 20, 2010, which was subsequently amended on June 29, 2010, February 1, 2011, and March 9, 2011 (“Third Amendment”). In order to assist the Former RDA in carrying out its redevelopment activities, the City advanced funds to the Former RDA from time to time in accordance with cooperation agreements for individual redevelopment projects. The Third Amendment formally acknowledged the amount of outstanding advances and established formal repayment terms for the Agreement (“City-RDA Loan”).

State law limits annual payments on the City-RDA Loan to one half of the difference between the previous Fiscal Year’s residual revenue and the Fiscal Year 2012-13 residual revenue.

Residual revenue is the amount of RPTTF revenue—property taxes distributed by the AuditorController—available after deducting ROPS obligations, administrative fees, and taxing agency pass-through payments.

The Fiscal Year 2022-23 residual RPTTF is projected to be approximately $3.6 million, resulting in a maximum payment of approximately $549,181:
$3,601,259 - $2,502,897 = $1,098,362 / 2 = 549,181
The actual FY 2022-23 City-RDA Loan payment cannot be calculated until after the January 2023 RPTTF distribution, which was unavailable at the time the ROPS was prepared. The ROPS requests $600,000 in case the actual amount of residual RPTTF distributed in January 2023 permits a higher loan repayment amount.

Other Obligations
The Successor Agency is required to prepare an Administrative Budget and submit it to the Oversight Board for approval. The Successor Agency is requesting $100,000 (ROPS Item 14).

An Administrative Budget for the fiscal year is attached as Exhibit “B” to the accompanying resolution.

The Successor Agency requests $3,000 in RPTTF to pay for LRPMP Property Disposition Costs (Item 26) associated with selling a Successor Agency property.

Cash Balances
The Report of Cash Balances shows cash balance activity in FY 2020-21. Funds are being spent in a timely manner and consistent with the approvals of the Oversight Board and DOF.

The Cash Balances page helps the Successor Agency to identify other funds available to spend on enforceable obligations. The estimated remaining available cash balance that DOF may use in-lieu of RPTTF as of FY 20-21 is $0. There was no available cash balance from Reserve Balance funds or RPTTF.

ROPS 20-21 Prior Period Adjustment
As required by HSC section 34186(c), the Successor Agency prepared a reconciliation between approved and actual payments on enforceable obligations from the ROPS covering Fiscal Year 2020-21 and submitted this reconciliation to the County Auditor-Controller by October 1, 2022. The reconciliation showed a difference of $308,494 between approved and actual expenditures. This amount will be applied to expenditures in Fiscal Year 2023-24.

FISCAL IMPACT:

ROPS 23-24 must be approved by the Successor Agency and Oversight Board and submitted to the State Department of Finance (“DOF”) by February 1, 2023, for the Successor Agency to receive RPTTF, administered by the Tulare County Auditor-Controller (“Auditor-Controller”), and pay enforceable obligations during the ROPS 23-24 period. If the ROPS is not submitted on time, the Successor Agency may be subject to a $10,000 penalty per day.

STAFF RECOMMENDATION:

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

N/A
Submitted by: J. Diego Ibanez Title: Chief Financial Officer Date: November 17, 2022 City Manager Approval: ____________ SUCCESSOR AGENCY RESOLUTION 2022-01

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER TULARE

REDEVELOPMENT AGENCY ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE JULY 1, 2023 THROUGH JUNE 30, 2024 PERIOD AND THE FISCAL YEAR 2023-24 ADMINISTRATIVE BUDGET
WHEREAS, the City of Tulare elected to serve as the Successor Agency to the former Tulare Redevelopment Agency (“Successor Agency”) pursuant to Assembly Bill x1 26 (“ABx1 26”) as codified in the California Health & Safety Code (“HSC”); and WHEREAS, ABx1 26 was amended by Assembly Bill 1484 and 471 and Senate Bill 107 (collectively the “Dissolution Act”); and
WHEREAS, among the duties of successor agencies under the Dissolution Act as amended is the preparation of an annual Recognized Obligation Payment Schedule (“ROPS”) per HSC Section 34177(l) that includes the ensuing two six-month periods for consideration by an oversight board and the California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the former Redevelopment Agency; and
WHEREAS, HSC Section 34177(l) further requires that the proposed ROPS be transmitted to the oversight board, after which time the oversight board may approve the ROPS and the Successor Agency’s transmittal of the adopted ROPS to DOF, the County Auditor-Controller, and the State Controller’s Office for their consideration; and WHEREAS, the Tulare County Consolidated Oversight Board (“Oversight Board”), formed July 1, 2018, has jurisdiction over the Successor Agency; and WHEREAS, the proposed ROPS 23-24 covering Fiscal Year 2023-24, attached hereto as Exhibit “A,” has been prepared and is consistent with the provisions of the Dissolution Act and in the format made available by the DOF; and WHEREAS, the Successor Agency prepared the Fiscal Year 2023-24 Administrative Budget in accordance with the Dissolution Act, attached hereto as Exhibit “B” and will submit it to the Oversight Board pursuant to HSC Section 34177(j); and WHEREAS, the Oversight Board will review the ROPS 23-24 and Administrative Budget on January 13, 2023; and
WHEREAS, the Successor Agency is required to prepare an annual administrative budget and submit it to the Oversight Board per HSC Section 34177(j); and
WHEREAS, the Successor prepared the Fiscal Year 2023-24 Administrative Budget in accordance with the Dissolution Act, attached hereto as Exhibit “B”; and Resolution 2022-01

Page 2 ends

WHEREAS, the Oversight Board will review the ROPS 23-24 and Administrative Budget on January 13, 2023; and
WHEREAS, the Successor Agency desires to approve the ROPS 23-24 and the Fiscal Year 2023-24 Administrative Budget and transmit them to various parties as required by the Dissolution Act.

NOW, THEREFORE, the Successor Agency to the former Tulare Redevelopment Agency does hereby RESOLVE, ORDER, and DETERMINE as follows:

Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. The Successor Agency hereby adopts the ROPS 23-24, covering the period of July 1, 2023 to June 30, 2024, in substantially the form attached hereto as Exhibit “A” as required by the Dissolution Act, accepting changes made by the Consolidated Oversight Board in advance in order to enable the submission to the DOF by the deadline of February 1, 2023.

Section 3. Pursuant to the Dissolution Act, the Successor Agency approves the Fiscal Year 2023-24 Administrative Budget for the period July 1, 2023 to June 30, 2023, submitted herewith as Exhibit “B” which is incorporated herein by this reference.

Section 4. The City Manager or another representative of the Successor Agency is hereby authorized and directed to post a copy of the ROPS 23-24 on the City’s website and transmit a copy of the ROPS 23-24 to the offices of the Tulare County Auditor-Controller, the State Controller’s Office, and the State of California Department of Finance.

PASSED, APPROVED, AND ADOPTED on December 6, 2022.

Successor Agency Chair
ATTEST:

Chief Deputy City Clerk and Successor
Agency Secretary
Resolution 2022-01

Page 3 ends

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Melissa Hermann, Chief Deputy City Clerk of the City of Tulare and Successor Agency Secretary, do hereby certify that the foregoing Successor Agency Resolution 2022-01 was duly and regularly adopted by the Successor Agency to the former Tulare Redevelopment Agency at a meeting held on December 6, 2022, by the following vote:

AYES:

NOES: None
ABSENT: None
ABSTAIN: None
Dated: December ____, 2022

Melissa Hermann, Successor Agency Secretary
Successor Agency: Tulare (City)
County: Tulare
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D): $ 1,426,031 $ - $ 1,426,031 B Bond Proceeds $ - $ - $ -
C Reserve Balance $ 1,426,031 $ - $ 1,426,031
D Other Funds $ - $ - $ -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): $ 708,000 $ 2,096,771 $ 2,804,771 F RPTTF $ 608,000 $ 2,096,771 $ 2,704,771
G Administrative RPTTF $ 100,000 $ - $ 100,000
H Current Period Enforceable Obligations (A+E): $ 2,134,031 $ 2,096,771 $ 4,230,802 Certification of Oversight Board Chairman:

Name Title
Signature Title
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Pursuant to Section 34177 (o) of the Health and Safety Code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency.

Current Period Requested Funding for Enforceable Obligations (ROPS Detail)
Exhibit A

A B C D E F G H I J K L M N O P Q R S T U V W X Y
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF
Admin
RPTTF Notes
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF
Admin
RPTTF Notes
$ 60,448,910 $ 4,230,802 $ - $ 1,426,031 $ - $ 608,000 $ 100,000 $ 2,134,031 $ - $ - $ - $ 2,096,771 $ - $ 2,096,771 4 Owner
Participant
Agreement

OPA/DDA/
Construction
4/21/2011 7/19/2026 Land 'O
Lakes Inc
Payment per
OPA
Downtown/
Alpine
280,000 N $ 280,000 $ - 280,000 $ 280,000
6 US Bank Fees 6/30/2011 8/1/2040 U S Bank Trustee for
bonds
All Areas 68,000 N $ 4,000 4,000 $ 4,000 $ -
12 City of Tulare
- Loan
City/County
Loan (Prior
06/28/11),
Cash
exchange
3/9/2011 6/30/1949 City of Tulare Loan for various
projects in
project area
All Areas 15,294,871 N $ 600,000 600,000 $ 600,000 $ -
14 Salary &
Benefits,
consultants
and Attorney
Cost
Admin Costs 2/1/2012 6/30/1949 City of Tulare Salary and Benefits,
consultants and
attorney costs
All Areas 2,500,000 N $ 100,000 100,000 $ 100,000 $ -
21 2017 Tax
Allocation
Refunding
Bonds -
Series A
Refunding
Bonds Issued
After 6/27/12
2/1/2017 8/1/2040 U S Bank Bonds issued to
refund 2010
bonds
All Areas 10,227,475 N $ 613,200 464,700 $ 464,700 148,500 $ 148,500 22 2017 Tax
Allocation
Refunding
Bonds -
Series B
Refunding
Bonds Issued
After 6/27/12
2/1/2017 8/1/2040 U S Bank Bonds issued to
refund 2010
bonds
All Areas 10,915,544 N $ 1,123,716 961,331 $ 961,331 162,385 $ 162,385 23 Reserve for
2017 Tax
Allocation
Refunding
Bonds -
Series A
Reserves 2/1/2017 8/1/2040 U S Bank Reserve for
next period's
debt service
payment
All Areas 10,227,475 N $ 753,500 $ - 753,500 $ 753,500
24 Reserve for
2017 Tax
Allocation
Refunding
Bonds -
Series B
Reserves 2/1/2017 8/1/2040 U S Bank Reserve for
next period's
debt service
payment
All Areas 10,915,544 N $ 752,385 $ - 752,385 $ 752,385
25 2017 Bonds
Continuing
Disclosure
Fees 2/1/2017 8/1/2040 City of Tulare Continuing
Disclosure
prepared by
City staff
All Areas 17,000 N $ 1,000 1,000 1,000 -
26 LRPMP
Property
Disposition
Costs
Property
Disposition
7/1/2021 6/30/2022 RSG; Craig
Smith &
Associates;
Troy Guy -
Broker;
Anderson
Real Estate
Group
Broker opinions
of value and
other costs of
property
disposition not
paid from sale
proceeds
All Areas 3,000 N $ 3,000.00 3,000 $ 3,000.00 $ -
Fund Sources Fund Sources
Tulare Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1,2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Item # Project Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date Payee
Description/
Project Scope
Project
Area
Total
Outstanding
Obligation Retired
ROPS 23-24
Total
ROPS 23-24A (July - December)
23-24A
Total
ROPS 23-24B (January - June)
23-24B
Total

A B C D E F G H
Reserve Balance Other RPTTF
Bonds issued on
or before
12/31/10
Bonds issued on
or after
01/01/11
Prior ROPS
RPTTF and
Reserve Balances
retained for future
period(s)
Rent,
grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20) 1,494,462 1,043,536 1,012,018 E): $1,425,476 in reserve RPTTF for Bonds + $68,986 for ROPS 22-23 Item #23;
F): $508,812 in Other Funds for 2017 TAB future
reserve payment + $190,221 in OF for ROPS 21-
22 Item #12 + $344,503 in OF for ROPS 22-23
Item #23;
G): $531,224 for 17-18 PPA + $225,909 in 18-19
PPA for ROPS 21-22 + $254,885 in 19-20 PPA
for ROPS 22-23
2 Revenue/Income (Actual 06/30/21)
RPTTF amounts should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller during June 2020 and January 2021.
- 1,379,803 F): Interest Investment Income adjusted to zero for GASB unrealized gains;
G): Approved RPTTF distribution for 20-21A&B
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
1,425,476 654,784 G): 20-21 RPTTF expenditures less reserve request for next period
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
68,986 1,043,536 1,428,543 E): $68,986 for ROPS 22-23 Item #23; F): $508,812 in Other Funds reserved for 2017
TAB reserve payment for next period + $190,221
in OF for ROPS 21-22 Item #12 + $344,503 in
OF for ROPS 22-23 Item #23;
G): $947,749 in 2017 TAB reserve RPTTF
retained for next period + $225,909 in 18-19 PPA
for ROPS 21-22 + $254,885 in 19-20 PPA for
ROPS 22-23
Tulare
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Cash Balance Information for ROPS 20-21 Actuals
(07/0120 - 06/30/21)
Fund Sources
Comments
Bond Proceeds

Non-Admin
and Admin
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Cash Balance Information for ROPS 20-21 Actuals
(07/0120 - 06/30/21)
Fund Sources
Comments
Bond Proceeds
5 ROPS 20-21 RPTTF Balances Remaining (PPA) 308,494 20-21 PPA 6 Ending Actual Available Cash Balance (06/30/21)
C to G = (1 + 2 - 3 - 4), H = (1 + 2 - 3 - 4 + 5)
$ - $ - $ - $ - $ -
No entry required
Item # Notes/Comments
4 6
12 14
21 22
23 24
25 26
Tulare
Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
Expense Category Responsibility Budget
Amount
Personnel Costs
City Manager Department • Provide direction to other staff and consultants as needed $ 10,400 City Attorney Department • Provide general legal services as needed • Review staff reports and resolutions 6,700
Finance Department
• Process payment of enforceable obligations
• Maintain documentation of Agency records
• Coordinate with consultant to answer questions and provide documentation as requested by Oversight Board, County
Auditor-Controller, and Department of Finance
12,100
Successor Agency Staff • Administration and implementation of Agency wind-down 20,800 Total Personnel Costs $ 50,000
Services
Consultants
• Prepare ROPS, PPA, staff reports, and resolutions
• Assist with calculations for and administration of the Land O' Lakes Owner Participation Agreement
• Coordinate with and answer questions for Oversight Board, County Auditor-Controller, and Department of Finance
• Monitor and project cash flow to ensure sufficient revenues for obligations and to inform Agency staff of expected
revenues
$ 25,000
Financial Services • Audits and other financial services as needed $ 25,000 Total Services Costs $ 50,000
Total Budget
Total Budget Costs $ 100,000
Successor Agency to the Tulare Redevelopment Agency
Administrative Budget
July 1, 2023 – June 30, 2024
Exhibit B

Tulare City CouncilDecember 6, 2022

Tulare City Council
December 6, 2022