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, March 21, 2023
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 the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. 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 Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.
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 Public 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 disabilityrelated modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.
Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Special and Regular Meetings March 21, 2023 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. PUBLIC COMMENT - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes.
3. STUDY SESSION
3.1 6th Cycle Housing Element Update. [M. Anaya]
4. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
4.1 Anticipated litigation pursuant to Government Code § 54956.9(d)(4): 2 cases
5. RECONVENE FROM CLOSED SESSION
6. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.
7. ADJOURNMENT OF SPECIAL MEETING
7:00 p.m. - REGULAR MEETING
8. CALL TO ORDER REGULAR MEETING
9. PLEDGE OF ALLEGIANCE AND INVOCATION
10. PRESENTATIONS
10.1 City Sales Tax Presentation by MuniServices, LLC/Avenu Insights & Analytics
11. 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.
12. 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. 6:00 p.m. – SPECIAL MEETING
City Council Agenda – Special and Regular Meetings March 21, 2023 City of Tulare Page 3
13. COUNCIL REPORTS AND ITEMS OF INTEREST
13.1 Tulare Election Update
14. 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.
14.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
14.2 Special and Regular Meeting Minutes of March 7, 2023.
Recommended Action: Approve as submitted. [M. Hermann]
14.3 February 2023 Investments Report.
Recommended Action: Accept the monthly investments report for February 2023. [D. Ibanez]
14.4 Property Purchase for the Cross Avenue Improvement Project (EN0074).
Recommended Action: Authorize the City Manager to complete and execute the documents necessary to purchase property for public right-of-way required by Project EN0074 located on the north side of Cross Avenue as a portion of APN 168-340-002 in the amount of $6,900, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
14.5 Increase E-mail Retention From 365 days to 730 days (2 years).
Recommended Action: Adopt a resolution amending Resolution 18-60 updating an Electronic E-Mail Retention Policy to increase email retention from 365 days to 730 days (2 years) and incorporating said changes into the City of Tulare’s Records Retention & Indexing Schedules and Information Management Policy. [J. Bowling]
14.6 Parcel Map Acceptance – TPM 2022-07.
Recommended Action: Approve the Parcel Map filed by Sequoia Investors, LLC, a California Limited Liability Company and The Shawn Team, LLC, a California Limited Liability for the division of land located on the southeast corner of Cross Avenue and Cherry Street for recordation, and accept all easements offered to the City. [M. Miller]
14.7 Final Map Conditional Acceptance – Willow Glen No. 6.
Recommended Action: Conditionally approve the Final Map and subdivision improvement agreement for Phase 6 of Willow Glen subdivision for recordation, and accept all easements offered to the City. [M. Miller]
14.8 Grant of Easement and Certificate of Conveyance to SCE Along the South Side of Pacific Avenue West of Mooney Boulevard.
Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within Landscaping Outlots A & B of the Willow Glen No. 5 subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] City Council Agenda – Special and Regular Meetings March 21, 2023 City of Tulare Page 4
14.9 Grant of Easement and Certificate of Conveyance to SCE the West Side of Mooney Boulevard South of Pacific Avenue
Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for the installation and maintenance of SCE utilities located within Landscaping Outlot K of the Kensington Estates No. 4 and Landscaping Outlot B of the Willow Glen No. 5 subdivisions, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
14.10 Grant of Public Utility Easement from Ruiz Food Products, Inc. along International Agri-Center Way.
Recommended Action: Accept a Grant of Easement for public utility purposes from Ruiz Food Products Inc., a California Corporation required for the construction of a new interchange on Highway 99 at International Agri-Center Way (formally Commercial Avenue), and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [M. Miller]
14.11 Purchase of 68 Ruggedized Laptops.
Recommended Action: Approve the funding and purchase of 68 ruggedized laptops for the Police Department, Code Enforcement and Animal control from Dell Inc. using the NASPO contract for a total of $124,606.21. [J. Bowling]
14.12 Tulare Dog Park Naming Recommendation.
Recommended Action: Accept the Tulare Parks and Recreation Commission recommendation to name the future Dog Park “K9 Bane Park” and to have a memorial bench to honor “Jennifer McCown” at the future Dog Park site located at 400 Block of N Street. [J. Glick]
14.13 Change in 2023 Ford Interceptor Vehicle Order.
Recommended Action: Approve changing the five (5) on-order new 2023 Ford Police Interceptor Utility vehicles from hybrid engines to regular engines and re-allocating those vehicles to the Police Department. [T. Whitfield]
14.14 Proclaim the Existence of a Local Emergency.
Recommended Action: Adopt a resolution proclaiming the existence of a local emergency and ratifying the Director of Emergency Services’ declaration of local emergency. [M. Ott]
15. 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.
15.1 Ordinance to Amend Chapter 9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code.
Recommended Action: Pass-to-print an ordinance amending existing Chapter
9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code. [M. Miller]
City Council Agenda – Special and Regular Meetings March 21, 2023 City of Tulare Page 5
16. 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.
16.1 City Surplus Properties.
Recommended Action: Authorize the appraisal and sale of City surplus properties. [M. Correa]
16.2 Ordinance to Amend Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code.
Recommended Action: Pass-to-print an ordinance amending Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code. [M. Zamora]
17. FUTURE AGENDA ITEMS - None Submitted
18. STAFF UPDATES
19. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 4, 2023, at 7:00 p.m. in the Council Chamber at the Tulare Public Library, 491 North M Street, Tulare, California.
AFFIDAVIT OF POSTING
State of California }
County of Tulare } ss.
City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Thursday, March 16, 2023, 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: March 21, 2023 Agenda Memo
Date: March 16, 2023
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
1. CALL TO ORDER SPECIAL MEETING
2. PUBLIC COMMENT - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes.
3. STUDY SESSION
3.1 6th Cycle Housing Element Update. [M. Anaya]
4. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
4.1 Anticipated litigation pursuant to Government Code § 54956.9(d)(4): 2 cases
5. RECONVENE FROM CLOSED SESSION
6. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.
7. ADJOURNMENT OF SPECIAL MEETING
7:00 p.m. - REGULAR MEETING
8. CALL TO ORDER REGULAR MEETING
9. PLEDGE OF ALLEGIANCE AND INVOCATION
10. PRESENTATIONS
10.1 City Sales Tax Presentation by MuniServices, LLC/Avenu Insights & Analytics
11. 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 Tulare City Council Page 2
Agenda Memo – March 21, 2023
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.
12. 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.
13. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:35-7:45 p.m.]
13.1 Update on November 8, 2022 City of Tulare Council Election. City of Tulare, in an effort to keep people advised as to important matters updates a lingering issue arising out of a recent election, are issuing this press release. On Tuesday, November 8, 2022, City of Tulare voters participated in the National Elections. The incumbents for City of Tulare’s District 2 and 4 seats, Terry Sayre and Dennis Mederos, filed their reelection paperwork on time and qualified for the November 8th ballot. No challengers submitted paperwork or qualified to run against either incumbent. Ms. Sayre and Mr.
Mederos ran unopposed for their respective Council seats.
The Tulare County Registrar of Voters, not the City of Tulare or the candidates, decided not to include either Ms. Sayre or Mr. Mederos on the November 8, 2022 ballot, likely because both of their races were uncontested. It was safe to conclude that they had therefore won re-election. Neither the City of Tulare nor the candidates were involved in the County’s decision. After the election, a question was raised whether the names of both individuals should have been included on the ballot consistent with California Elections Code section 10229(b), regardless of the fact that they were running unopposed.
In order to establish certainty, the City of Tulare requested confirmation from the Superior Court that Ms. Sayre and Mr. Mederos were duly elected and are entitled to hold their seats for their standard four-year term as if their names had been placed on the ballot. All members of the Tulare County Board of Supervisors and Tulare City Council are aware of this matter and are eager for its resolution, so certainty can be provided to the City of Tulare’s voters.
Because the Tulare City Charter states that a council person holds their seat “… until his/her successor is elected and qualified…” both Mayor Sayre and Councilmember Mederos remain seated as full members of the Tulare City Council.
Whether through Tulare County Superior Court or an alternate venue, both the County of Tulare and the City of Tulare are committed to finding a mutually agreeable solution Tulare City Council Page 3
Agenda Memo – March 21, 2023
that ensures that both councilmembers are seated in a manner clearly reflecting the fact that both individuals ran in unopposed elections.
14. 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. [Time Estimate: 7:45-7:55 p.m.]
14.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
14.2 Special and Regular Meeting Minutes of March 7, 2023.
Recommended Action: Approve as submitted. [M. Hermann]
14.3 February 2023 Investments Report.
Recommended Action: Accept the monthly investments report for February 2023. [D.
Ibanez]
Summary: The investments report for February 2023 is submitted for Council review and acceptance.
14.4 Property Purchase for the Cross Avenue Improvement Project (EN0074).
Recommended Action: Authorize the City Manager to complete and execute the documents necessary to purchase property for public right-of-way required by Project EN0074 located on the north side of Cross Avenue as a portion of APN 168-340-002 in the amount of $6,900, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: Capital Improvement Project EN0074 addresses pavement and utility infrastructure improvements along Cross Avenue west of West Street. The project includes the installation sidewalk on the north side of Cross Avenue, surface water improvements, water and sewer service modifications, street reconstruction, and improvements on the westerly side of the intersection of Cross Avenue and West Street. The project will improve surface water drainage, as well as improve pedestrian connectivity in the area. The installation of curb, gutter and sidewalk along the north side of Cross Avenue requires the acquisition of additional right-of-way from five (5) parcels.
Project EN0074 dates back to July of 2017. City Council previously identified the project as part of the approved list of SB1 funded projects on April 23, 2019.
Subsequently, Council gave direction to staff to commence the design and right-ofway acquisition phases for the project. A contract was awarded to 4Creeks for design, and to Paragon Group for right-of-way acquisition services. Paragon Group completed appraisals and has been working on the City’s behalf to obtain the required right-ofway at fair market value for the five (5) parcels, which are owned by four (4) separate property owners. The subject parcel is the second owner who has accepted an offer from the City and signed a Purchase and Sale Agreement (attached).
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The subject parcel is located on the north side of Cross Avenue, west of West Street.
The property owner, Hector Coronel, has been working with the City’s consultant team throughout the design, appraisal and acquisition process, and has agreed to sell the required property for the amount of $6,900 in accordance with the terms previously authorized by City Council. This property acquisition encompasses 0.02 acres. The property has minor improvements on the portion being acquired. The land is valued at $4,320, and the value associated with existing improvements affected by the acquisition (cost to cure) was determined to be $2,481. The subsequent acquisition offer was rounded to $6,900.
14.5 Increase E-mail Retention From 365 days to 730 days (2 years).
Recommended Action: Adopt a resolution amending Resolution 18-60 updating an Electronic E-Mail Retention Policy to increase email retention from 365 days to 730 days (2 years) and incorporating said changes into the City of Tulare’s Records Retention & Indexing Schedules and Information Management Policy. [J. Bowling] Summary: The proposed resolution explicitly ties electronic mail to the records retention policy for the City of Tulare. The retention for electronic mail is content driven. It is the responsibility of the employee to look at their e-mail and determine the appropriate retention for each item. Each employee must then act upon the electronic message to ensure that the message is properly retained in accordance with the records retention policy outside of the e-mail system. The current policy is that employees have 365 days to classify and act upon an email from the time of receipt.
This revision of the resolution will increase the period of time to 730 days (2 years).
The item was discussed with department heads, and consensus was reached to allow additional time for review of emails to minimize the impact to operations while adhering to the records retention policy. A two-year e-mail retention will match e-mail retention with “General Correspondence” retention. This will help with the process of reviewing e-mails as action will only need to be taken on e-mails with content that requires a retention of longer than two years.
14.6 Parcel Map Acceptance – TPM 2022-07.
Recommended Action: Approve the Parcel Map filed by Sequoia Investors, LLC, a California Limited Liability Company and The Shawn Team, LLC, a California Limited Liability for the division of land located on the southeast corner of Cross Avenue and Cherry Street for recordation, and accept all easements offered to the City. [M. Miller] Summary: Tentative Parcel Map No. 2022-07 filed by Sequoia Investors, LLC, a California Limited Liability Company and The Shawn Team, LLC, a California Limited Liability Company would create two parcels from one existing parcel, and was approved by the City of Tulare Planning Commission on January 9, 2022. This parcel map comprises approximately 8,941 square feet. Parcel 1 would be 4,622 square feet, and Parcel 2 would be 4,319 square feet. The map requires an irrevocable offer of dedication (IOD) to the City of Tulare at the southeast corner of Cross Avenue and Cherry Street as shown on the Parcel Map. The IOD will be rejected at this time and remain an IOD until accepted at some future date by a separate resolution of City Tulare City Council Page 5
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Council. The map requires a 6-foot public utility easement and sidewalk easement along the parcels’ Cross Avenue frontage.
14.7 Final Map Conditional Acceptance – Willow Glen No. 6.
Recommended Action: Conditionally approve the Final Map and subdivision improvement agreement for Phase 6 of Willow Glen subdivision for recordation, and accept all easements offered to the City. [M. Miller]
Summary: Planning Commission Resolution No. 5192 adopted on September 22, 2016 approved the tentative map for the Willow Glen subdivision located at the northwest corner of Mooney Boulevard (State Route 63) and Cartmill Avenue. The overall subdivision comprises approximately 134 acres. The proposed subdivision is being developed in phases.
Phase 6 of Willow Glen subdivision consists of 53 single-family residential lots, and one landscape and lighting district lot.
14.8 Grant of Easement and Certificate of Conveyance to SCE Along the South Side of Pacific Avenue West of Mooney Boulevard.
Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within Landscaping Outlots A & B of the Willow Glen No. 5 subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: As part of the subdivision improvements for Phase 5 of the Willow Glen subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivision’s Pacific Avenue frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level. SCE is proposing to locate these structures and conduit within the Willow Glen subdivision’s landscape lots along the south side of Pacific Avenue. Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots that are not also designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure, and portions of that infrastructure are located outside of the City street right-of-way.
14.9 Grant of Easement and Certificate of Conveyance to SCE the West Side of Mooney Boulevard South of Pacific Avenue.
Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for the installation and maintenance of SCE utilities located within Landscaping Outlot K of the Kensington Estates No. 4 and Landscaping Outlot B of the Willow Glen No. 5 subdivisions, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
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Agenda Memo – March 21, 2023
Summary: As part of the subdivision improvements for both Phase 4 of the Kensington Estates subdivision and Phase 5 of the Willow Glen (Cypress Park 2) subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivisions’ Mooney Boulevard frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level. SCE is proposing to locate these structures and conduit within the subdivisions’ landscape lots along the west side of Mooney Boulevard. Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots that are not also designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure, and portions of that infrastructure are located outside of the City street right-of-way.
14.10 Grant of Public Utility Easement from Ruiz Food Products, Inc. along International Agri-Center Way.
Recommended Action: Accept a Grant of Easement for public utility purposes from Ruiz Food Products Inc., a California Corporation required for the construction of a new interchange on Highway 99 at International Agri-Center Way (formally Commercial Avenue), and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [M. Miller]
Summary: The widening of International Agri-Center Way to four lanes between South “K” Street and Laspina Avenue will take place as part of the International AgriCenter Way Interchange Project on Highway 99. The widening requires the relocation of existing public utilities located along International Agri-Center Way between South “K” Street and Highway 99. The dedication and acceptance of the attached public utility easement allows for said utility relocation.
14.11 Purchase of 68 Ruggedized Laptops.
Recommended Action: Approve the funding and purchase of 68 ruggedized laptops for the Police Department, Code Enforcement and Animal control from Dell Inc. using the NASPO contract for a total of $124,606.21. [J. Bowling] Summary: The City of Tulare uses ruggedized laptops in the field to run Computer Aided Dispatch (CAD) software. Laptops for Police Department, Code Enforcement and Animal Control are between 5 and 7 years old, and are at the end of their useful life and need to be replaced. The Tulare Police Department is currently in the process replacing the existing CAD system. The new rugged laptops will arrive and configured in time to be utilized by the new CAD system.
Dell hardware will be procured under the State of California NASPO (National Association of State Procurements Officials) ValuePoint Contract # MNWNC-108. This is a cooperative purchasing agreement that is available to cities, counties and special districts.
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Agenda Memo – March 21, 2023
14.12 Tulare Dog Park Naming Recommendation.
Recommended Action: Accept the Tulare Parks and Recreation Commission recommendation to name the future Dog Park “K9 Bane Park” and to have a memorial bench to honor “Jennifer McCown” at the future Dog Park site located at 400 Block of N Street. [J. Glick]
Summary: At the November 21, 2022, City Council meeting, Council approved the recommendation of the Tulare Parks and Recreation Commission and authorized the allocation of $466,000 in Regional Park Development Impact Fee funds to design and construct a Dog Park, to be located at the 400 Block of N Street.
At the December 20, 2022, City Council meeting, Councilman Harrell requested the new Dog Park be named Bane Park after the canine that was killed in the line of duty on December 9, 2018. City Council subsequently directed staff to return to the Council with an outline of the appropriate procedure for naming a City Park.
Staff has found that the City of Tulare has no formal written policy for naming a City Park. In the absence of a formal policy, staff reviewed the process used to name the last City Park, which was the re-naming of Sayre Park on May 5, 2009.
At the January 17, 2023, City Council meeting, Council approved for the suggested name of the new Dog Park to the Tulare Parks and Recreation Commission for review and recommendation.
At the Wednesday March 1, 2023, Tulare Parks and Recreation meeting, the Commission reviewed and recommended that the Tulare City Council name the future Dog Park site “K9 Bane Park”, in honor of Police dog Bane, who was killed in the line of duty December 9, 2018. In addition, the Tulare Parks and Recreation Commission has recommended to the Tulare City Council to have a memorial bench to honor “Jennifer McCown” at the future Dog Park site located at 400 Block of N Street in honor of the many contributions she made to the provision of animal services in the City of Tulare.
14.13 Change in 2023 Ford Interceptor Vehicle Order.
Recommended Action: Approve changing the five (5) on-order new 2023 Ford Police Interceptor Utility vehicles from hybrid engines to regular engines and re-allocating those vehicles to the Police Department. [T. Whitfield] Summary: In September 2022, the City Council approved the purchase of five (5) new/unused 2023 Ford Police Interceptor Utility hybrid vehicles. The vehicles were to be partially funded by a grant from the San Joaquin Valley Air Pollution Control District for the purchase of new alternative fuel vehicles. The vehicles were allocated to go to the following departments: Police (1), Code Enforcement (2), Safety/Facilities (1), and Fire (1).
On March 6, the Fleet Superintendent received an email from the National Auto Fleet Group (NAFG) informing us that there was a shortage of hybrid engines, and if we kept that order, we would run the risk of not getting our order. Staff reached out to Tulare City Council Page 8
Agenda Memo – March 21, 2023
NAFG directly and they confirmed that we would more than likely not receive the units this year, but could possibly have our order filled next year as 2024 vehicles. Due to the deadline with the grant funding, it was determined that waiting for the units with hybrid engines would not be feasible. NAFG gave two other options: change to a regular engine or an EcoBoost engine.
Since we have had these units on order since September and it has become increasingly more difficult to purchase new vehicles, staff is recommending to switch the vehicles to regular engines and re-specify to purchase as regular Ford Police Interceptors. The Police Department has already put in a request for the FY 2023/24 budget year for four (4) replacement Police Interceptors. Switching these vehicles from the hybrid engines to regular engines would meet the Police Departments needs both in vehicle specifications and the request for replacement units.
14.14 Proclaim the Existence of a Local Emergency.
Recommended Action: Adopt a resolution proclaiming the existence of a local emergency and ratifying the Director of Emergency Services’ declaration of local emergency. [M. Ott]
Summary: On March 14, 2023, the Fire Chief as the Director of Emergency Services’ for the City of Tulare declared a local emergency due to the significant weather activity to include rain, wind, and flooding in the City. As the City of Tulare Fire Department has mutual-aid agreements with many fire departments in the area, those fire departments are task saturated with their own emergency response issues due to the storm activity. The City of Tulare Fire Department mutual-aid request in the event of an incident will likely not be supported at this time.
The City of Tulare Fire Department will increase staffing levels to support an extra fire engine and patrol unit. The increased staffing for the next three days provides a lower level of risk if a weather driven or large emergency arises. Additionally, our local ambulance provider is supporting the response in the county, which will cause the City of Tulare Fire Department to be on scene of medical calls for an extended period of time, thus the staffing increase to support that mission.
Finally, City of Tulare Fire Department and City Staff will work with the Federal Emergency Management Agency (FEMA) to seek reimbursement of staffing cost associated with the declaration and response.
15. 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.
15.1 First Reading of Ordinance to Amend Chapter 9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code. [Time Estimate: 7:55- 8:05 p.m.]
Recommended Action: Pass-to-print an ordinance amending existing Chapter
9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code. [M. Miller]
Tulare City Council Page 9
Agenda Memo – March 21, 2023
Summary: Review of Chapter 9.64, “Transportation Demand Management Plan” of the Tulare Municipal Code identified a reference to Rule 9001 adopted by the San Joaquin Valley Unified Air Pollution Control District (District), which has since been repealed and replaced with Rule 9410. Local government agencies within the District were required to adopt Rule 9001 as part of their Transportation Demand Management Plan to demonstrate conformity with the District’s air quality implementation plan. The purpose of both the original Rule 9001 and revised Rule 9410 was to establish the means by which air quality impacts associated with employment centers are analyzed and evaluated. The Rules define various mitigation measures that can be utilized by employers to claim reductions in the estimated trips generated by their business, thereby demonstrating reduced impacts of their operations to the region’s air quality.
The proposed ordinance will correct Chapter 9.64.010 to reference Rule 9410 of the San Joaquin Valley Unified Air Pollution Control District, which is the appropriate, revised Rule addressing trip reduction measures for employment centers.
16. 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.
16.1 City Surplus Properties. [Time Estimate: 8:05-8:35 p.m.] Recommended Action: Authorize the appraisal and sale of City surplus properties. [M. Correa]
Summary: The office of Safety, Compliance and Facilities identified nine properties which are surplus to city operations. Some of the properties still costing the City money to maintain on monthly basis (i.e. electrical, gas, security alarm, water, weed control and clean up fees, vandalism repairs), please see attached spreadsheet for explanation and special provisions. After the Council approval properties will be appraised by an approved company and will be offered to public agencies in accordance with State Government Code and if no agencies are interested in any of the properties they will be offered publicly.
Property #1 *113 N. F Street APN 175-133-007 13,963.91 SQ/F Old Library Property #2 *325 N. West St APN 168-470-011 29,102.70 SQ/F Old TRMC Clinic Property #3 Beaumont / I street APN 169-161-001 12,443.31 SQ/F Property #4 Cross / I street APN 169-140-011 42417.87 SQ/F Property #5 1800 blk North Gem St APN 166-062-033 636.21 SQ/F Old Well / Pump Station Property #6 130 N H Street APN 175-164-014 478.94 SQ/F Old Well/Pump Station Property #7 668 Goodin Rd APN 191-020-006 7,963.91 SQ/F Corporation yard extension Property #8 680 Goodin Rd APN 191-020-007 7,963.91 SQ/F Corporation yard extension Property #9 706 Goodin Rd APN 191-020-009 7,963.91 SQ/F Corporation yard extension *Special provisions:
• Property # 1 recommend to sell, but allow 12 months to work with the community to fund relocation of the Women’s Clubhouse to this site and total cost of repairs; seek demolition quotes; will need an operational plan and pro forma and design; Tulare City Council Page 10
Agenda Memo – March 21, 2023
staff will be available through the City Manager for technical review; after 12 months, if no project, surplus and sale of property will take place. • Property # 2 recommend to sell, but allow 12 months to work with community to determine if there are groups willing to fund and operate garden; will need an operational plan and pro forma and design; staff will be available through the City Manager for technical review; after 12 months, if no project, surplus and sale of property will take place.
Empty properties not for surplus / future projects:
Property # 1 SB 99 on ramp /Cartmill APN 166-240-012
Property # 2 On & Off ramp 99 NB / Cartmill APN 166-240-011 Property # 3 Roadway across from NB Rd 100 APN 166-240-014 Property # 4 Behind J.D Haskell APN 166-230-008
Property # 5 Future Fire Station - Moony/Cross APN 171--280-038 Property # 6 Future Dog park N street / O street APN 170-232-016 Property # 7 Future Dog park N street / O street APN 170-232-017 Property # 8 Location for new well site K/Beardsley APN 181-020-046 Property # 9 Possible ponding basin APN 168-490-068
Property #10 City of Tulare sign / 99 APN 191-250-018
Property #11 Future interchange - International Ag Way APN 191-350-011 Property #12 Future interchange - International Ag Way APN 191-350-010 Property #13 Large ponding Basin APN 191-250-013
16.2 Ordinance to Amend Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code. [Time Estimate: 8:35-8:55 p.m.]
Recommended Action: Pass-to-print an ordinance amending Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code. [M. Zamora] Summary: The City has recently experienced an increase in injuries and death related to camping in the right of way of the railroad tracks. Staff views this as a health and safety issue and wishes to include provisions clearly restricting such camping and authorizing the City Manager to enforce the provisions.
17. FUTURE AGENDA ITEMS - None Submitted
18. STAFF UPDATES [Time Estimate: 8:55-9:05 p.m.]
19. ADJOURNMENT
The next regular meeting of the Tulare City Council is Tuesday, April 4, 2023, at 7 p.m.
PRESS RELEASE
City of Tulare County of Tulare
411 E. Kern Avenue 2800 W Burrel Ave,
Tulare, CA 93274 Visalia, CA 93291
559-684-4200 559-636-5005
March 9, 2023
Update on November 8, 2022 City of Tulare City Council Election City of Tulare, in an effort to keep people advised as to important matters updates a lingering issue arising out of a recent election, are issuing this press release. On Tuesday, November 8, 2022, City of Tulare voters participated in the National Elections. The incumbents for City of Tulare’s District 2 and 4 seats, Terry Sayre and Dennis Mederos, filed their re-election paperwork on time and qualified for the November 8th ballot. No challengers submitted paperwork or qualified to run against either incumbent. Ms. Sayre and Mr. Mederos ran unopposed for their respective Council seats.
The Tulare County Registrar of Voters, not the City of Tulare or the candidates, decided not to include either Ms. Sayre or Mr. Mederos on the November 8, 2022 ballot, likely because both of their races were uncontested. It was safe to conclude that they had therefore won re-election. Neither the City of Tulare nor the candidates were involved in the County’s decision. After the election, a question was raised whether the names of both individuals should have been included on the ballot consistent with California Elections Code section 10229(b), regardless of the fact that they were running unopposed.
In order to establish certainty, the City of Tulare requested confirmation from the Superior Court that Ms. Sayre and Mr. Mederos were duly elected and are entitled to hold their seats for their standard four-year term as if their names had been placed on the ballot. All members of the Tulare County Board of Supervisors and Tulare City Council are aware of this matter and are eager for its resolution, so certainty can be provided to the City of Tulare’s voters.
Because the Tulare City Charter states that a council person holds their seat “… until his/her successor is elected and qualified…” both Mayor Sayre and Councilmember Mederos remain seated as full members of the Tulare City Council.
Whether through Tulare County Superior Court or an alternate venue, both the County of Tulare and the City of Tulare are committed to finding a mutually agreeable solution that ensures that both councilmembers are seated in a manner clearly reflecting the fact that both individuals ran in unopposed elections.
For More Information Contact:
City of Tulare County of Tulare
Josh McDonnell Israel Sotelo
Deputy City Manager Public Information Officer
(559) 684-4210 (559) 636-5000
[email protected] [email protected]
City of Tulare Page 1
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Council Chamber
491 North M Street, Tulare
Tuesday, March 7, 2023
6:30 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood (arrived at 6:45 p.m.)
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora, Chief Deputy City Clerk Melissa Hermann; Chief Financial Officer Diego Ibanez; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Interim Community Development Director/City Planner Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling
1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called the special meeting of the City Council to order at 6:33 p.m. in the Council Chamber located at 491 North M Street.
2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS
There were no public comments.
3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING:
3.1 Conference with Real Property Negotiations – Govt. Code Section 54956.8 Property: North side of Prosperity Ave east of West Street (APN 164-130-005) Agency Negotiation: Marc Mondell, Mario Zamora, Michael Miller Negotiating Parties: City of Tulare, Jeremy Nied
Under Negotiations: Price and terms of payment
3.2 Conference with Real Property Negotiations – Govt. Code Section 54956.8 Property: North side of Prosperity Ave east of West Street (APN 164-130-006) Agency Negotiation: Marc Mondell, Mario Zamora, Michael Miller Negotiating Parties: City of Tulare, Jeremy Nied
Under Negotiations: Price and terms of payment
3.3 Conference with Real Property Negotiations – Govt. Code Section 54956.8 Property: North side of Cross Avenue west of West Street (APN 168-340-003) Agency Negotiation: Marc Mondell, Mario Zamora, Michael Miller Negotiating Parties: City of Tulare
Under Negotiations: Price and terms of payment
Item #: 14.2
Consent
City Council Meeting Minutes March 7, 2023
City of Tulare Page 2
Council recessed to closed session at 6:33 p.m.
4. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:05 p.m.
5. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.
6. ADJOURNMENT OF SPECIAL MEETING
Mayor Sayre adjourned the special meeting at 7:05 p.m.
7. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:05 p.m. in the Council Chamber located at 491 North M Street.
8. PLEDGE OF ALLEGIANCE AND INVOCATION
Police Chief Fred Ynclan led the pledge of allegiance and an invocation was given by William Foxley.
9. PRESENTATIONS
9.1 Developmental Disability Awareness Month Proclamation. Mayor Sayre presented Rebecca Donabed with a proclamation proclaiming March 2023 as Developmental Disability Awareness Month in the City of Tulare.
9.2 Women’s History Month Proclamation. Mayor Sayre presented Chief Deputy City Clerk Melissa Hermann with a proclamation proclaiming March 2023 as Women’s History Month in the City of Tulare.
9.3 Recognition of International Women’s Day and Women’s History Month.
Mayor Sayre recognized past honorees. Councilmember Sigala honored Tara Houston and Veronica Faria-Percival. Mayor Sayre honored Kimberly Torrez.
Councilmember Harrell honored Fire Captain Lisa Trgovac. Councilmember Mederos honored Lucy Van Scyoc, Ed D. Vice Mayor Isherwood honored Paulette Allen. State Senators Shannon Grove and Melissa Hurtado were honored and Senator Grove shared a few words.
10. PUBLIC COMMENTS
The following provided public comment: Richard Torrez Jr., Donnette Silva-Carter, Angel Ruiz, Michael Peña-Wasnick, and Ricky Diaz.
11. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.
12. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.
City Council Meeting Minutes March 7, 2023
City of Tulare Page 3
13. CONSENT CALENDAR
Item 13.5 was removed from the Consent Calendar by Councilmember Sigala.
It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the items on the Consent Calendar as presented with the exception of item 13.5.
13.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
13.2 Regular Meeting Minutes of February 7, 2023.
Recommended Action: Approve as submitted. [M. Hermann]
13.3 Cancellation of July 4, 2023 Regular Meeting.
Recommended Action: Approve the cancellation of the July 4, 2023 regular meeting of the City Council. [M. Hermann]
13.4 Termination of Proclamation of Local Emergency.
Recommended Action: Adopt a resolution terminating the Proclamation of Local Emergency declared in response to COVID-19. [M. Mondell]
PULLED CONSENT CALENDAR ITEMS
13.5 Property Purchase for the Cross Avenue Improvement Project (EN0074).
Recommended Action: Authorize the City Manager to complete and execute the documents necessary to purchase property for public right-of-way required by Project EN0074 located on the north side of Cross Avenue as a portion of APN 168-340-002 in the amount of $6,900, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] This item was tabled.
14. GENERAL BUSINESS
14.1 Community Garden and Art Center on City Property on West Street.
Recommended Action: Receive a report on the feasibility and process required to develop a community garden and art center, and provide direction to staff.
Presented By: Interim Community Development Director/City Planner Mario Anaya
Public Comment: Student from Tulare Western
Council Action: It was moved by Vice Mayor Isherwood and seconded by Councilmember Sigala that the Council is open and endorses future conversations with community partners about a community garden. Mayor Sayre called for a roll call vote:
AYES: Isherwood, Sigala, Harrell, Mederos, Sayre
NOES: None
PASSED 5-0
City Council Meeting Minutes March 7, 2023
City of Tulare Page 4
14.2 Tulare City Council Challenge Coin.
Recommended Action: Receive a report regarding challenge coins and provide direction to staff.
Presented By: Police Chief Fred Ynclan
Council Action: It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to direct staff to bring back proposed designs for Council consideration.
14.3 Tulare Cares Temporary Encampment Rules and Regulations Revisions and Addendum No. 1.
Recommended Action: Approve the Tulare Cares Temporary Encampment Rules and Regulations Revisions and Addendum No. 1 included as an attachment and direct staff to utilize them in association with the operations of the Tulare Cares Temporary Encampment Rules and Regulations.
Presented By: City Manager Marc Mondell and Community Services Director Jason Glick
Council Action: It was moved by Councilmember Harrell, seconded by Mayor Sayre, and unanimously carried to approve the item as presented.
14.4 General Guidelines for Economic Development Investment Program (EDIP).
Recommended Action: Approve the general guidelines for the creation of an Economic Development Investment Program (EDIP), applicable to both large and small projects, to encourage new private sector investment and job creation to the City; and authorize the City Manager and/or his designee to move forward with the implementation of the EDIP.
Presented By: City Manager Marc Mondell and Executive Director of Economic Development and Redevelopment Traci Myers
Public Comment: Tulare Chamber of Commerce CEO Donnette Silva-Carter; Anthony Diaz of the Tulare County Economic Development Corporation Council Action: It was moved by Vice Mayor Isherwood and seconded by Councilmember Harrell to approve the item as presented. Mayor Sayre called for a roll call vote:
AYES: Isherwood, Harrell, Sigala, Mederos, Sayre
NOES: None
PASSED 5-0
14.5 Downtown Special Benefits Property Assessment Districts.
Recommended Action: Approve the issuance of a Request for Proposals to seek qualified firms to assist the City in re-examining the Downtown Special Benefits Property Assessment Districts.
Presented By: City Manager Marc Mondell and Executive Director of Economic Development and Redevelopment Traci Myers
Council Action: It was moved by Mayor Sayre, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
15. FUTURE AGENDA ITEMS - None Submitted
City Council Meeting Minutes March 7, 2023
City of Tulare Page 5
16. STAFF UPDATES
Staff provided updates on department activities.
17. ADJOURNMENT
A moment of silence was held in remembrance of City employee Mark Mitchell who recently passed away. The regular meeting was adjourned at 10:26 p.m.
Approved by Council: March 21, 2023
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
_________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Finance
Submitted by: Chief Financial Officer J. Diego Ibanez
Agenda Title: February 2023 Investments Report
RECOMMENDED ACTION
Accept the monthly investments report for February 2023.
SUMMARY
The investments report for February 2023 is submitted for Council review and acceptance.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item did not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. February 2023 Investments Report
Reviewed/Approved:
Item #: 14.3
Consent
TYPE OF INVESTMENT
CITY OF'TULARE
SUMMARY TREASURER'S REPORT
SUMMARY OF ALL INVESTMENTS
February 28'2023
BOOK
VALUE
MARKET
VALUE
CURRENT
YIELD
BOOK VALUE
Vo OF
TOTAL
UNRESTRICTED INVESTMENTS - SEE PAGE 2
RESTRICTED INVESTMENTS - SEE PAGE 3
TOTAL INVESTMENTS
Respectfully submitted, J. Diego lbanez, Chief Financial Ofifcer 218,308,418 200,566,045 0.7170/0
13 135,906 13,135,906 N/A
231,444 24 213,701,951 N/A
9432Yo
5.68y,
100.00%
Note: The City's financial statments will report market values, not book values, at June 30 each year I certify that this report reflects all City investments and complies with the investment policy of the City of Tulare as approved by City Council' Furthermore, I certiff that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.
Presented to the City Council on March 21,2023 Presented to the Board of Public Utility Commissioners on March 16,2023 zl"r[az>
Date
1 T,\finance\lnvestment Reports\2022-2023 lnvestment Reports\8- February 2023 lnvestment report.xls
TYPE OF INVESTMENT
ISSUER OF
INVESTMENT
Petty Cash N/A
Checking Account - City Wells Fargo Bank
Local Agency Investment Fund (LAIF) State of California Sub-Total
Fixed Income Investments Various (See page 4-7)
Investments in Safekeeping With BNY Western Trust Company
TOTAL UNRESTRICTED INVESTMENTS
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARY OF UNRESTRICTED INVESTMENTS
February 28,2023
N/A
DATES: INTERESTRATES:
ESTIMATED
EARNINGS:
ACQUISITION STATED BOOK VALUE THIS MONTH ANNI,IAL
MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH THISMONTH
UNREALIZED
GArN/(LOSS):
N/A
N/A
N/A
N/A
r29,090
10,758
t29,090
10,758
l,308,760
109,063
BOOK
VALUE
,,1 oF
ufio jtv.
1A8%
t6.20yo
27.69V"
72.31%
I 00.00%
N/A
N/A
N/A
None
N/A
None
12,900
t2,900
25,060,283
25,060,283
N/A
N/A
N/A
N/A
N/A
On Demand
Various
On Demand
N/A
N/A
N/A
N/A
N/A
Balance per bank is $
N/A
0.365Yo
N/A
0.2lsYo
N/A
0.880%
N/A
0.717%
35,367,1',79
34,969,423
(397,756)
(6r,973)
60,440,362
60,042,606
Per BNY WTC
157,868,056
140,s23,439
(397,756)
(6t,973)
(r7,344,617)
(l 5,034,607)
218,308,418
200,566,04s
(17 ,7 42,373)
(15,096,580)
1,437,850
t19,821
* LAIF market values are based on the most currently available amortized cost information 'Match31,2022" 0.988753538 - U/l= Unrestricted Investments 2 T:\Finance\lnvestment Reports\2022-2023 lnvestment Reports\8- February 2023 lnvestment report.xls
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARY OF RESTRICTED INVESTMENTS
January 31,2023
ISSUER OF INVESTMENT
ACQUISITION
DATE
MATURITY
DATE
STATED
INTEREST RATE
PAR
VALUE
BOOK
VALUE
MARKET
VALUE
BALANCES
AS-OF
DATE
TYPE OF INVESTMENT
Bond Funds (All rrc Managed by U.S. Bank Trust Except LAIF):
2018 Lease Revenue and Refunding Bonds (Account No. 244938000) First American Govt Fd U.S. Bank Trust
2015 Sewer Revenue Refunding Bonds (Account No. 2615940000) First Arnerican Govt Fd U.S. Bank Trust
First American Gor,t Fd U.S. Bank Trust
Investment Repuchase GIC Bayerische Landesbank
2016 Sewer Revenue Refunding Borrds (Account No. 23 1687000) U S Bk Mmkt U.S. Bank Trust
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust
2Ol7 Water Revenue Bonds (Account No. 219189000)
U S Bk Mmkt U.S. Bank Trust
2020 Water Revenue Bonds (Account No. 250953000)
ll S Bk Mmkt U.S. Bank Trust
2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No.24534600) U s Bk Mmkt U.S. Bank Trust
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Investments = Various
Various
I l-15-15
Various
Various
Various
Various
Various
On Demand
On Demand
Various
Rseruc Fund
Various
Various
Rosenc Fund
1.9600/o
Rdcrue Fund
3,405,81 I
3,405,81 1
3,405,8 I I
3,405,8 1 I
t0-30-22
t0-31-22
08-3t-22
10-
10-31-22
10-31-22
10-31-22
t0-31-22
t0-31-22
t1-t5-25
On Dernand Various
On Demand Various
On Demand Various
On Demand Various
On Demand Various
5.68%
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
t7
49,32r
5,032,685
5,082,023
l, r07, I 00
1,107,100
t6,302 -----r6M
T7
49,321
5,032,685
5,082,023
16"302
--wfrr
107 100 10-31-22
07 100
107.100
1,107,100
t,769,182
13,135,906
1,1 07,1 00
1,1 07, I 00
t,7 69,182
t,769,182
13, l 35,906
648,388
648,3 88
648,3 8 8
648,3 88
|,769,182
) T:\Finance\lnvestment Reports\2022-2023 lnvestment Reports\8- February 2023 lnvestment report.xls
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTTNUED
FIXED INCOME INVESTMENTS
JanuarY 31,2023
TYPI] OF FIXED INCOME INVESTMENT
UNREALIZED
DATES: INTERESTRATES: GArN/(LOSS):
ACQUISITION STATED BOOK VALUE THIS MONTH
MATURITY CURRENTYIELD PAR VALUE MARKET VALUE LAST MONTH F:,STIMATED
EARNINGS:
ANNUAL
TI{IS MONTI{ CUSIP NUMBER
U.S. GOVERNMENT AGBNCY OBLIGATIONS
Federal Farm Credit Bks Fundittg Corp
31338L147
Federal National Mortgage Assn
3 136G4T52
Federal National Mortgage Assn
3136G4U50
Federal Home Loan Mtg Corp
3I34GVVX3
Federal I-Iome Loan Mtg Corp
3l34GVB56
Fedelal Home Loan Banks
313OAJRE1
Federal Home Loan Mtg Corp
3l34GVT65
Federal National Mortgage Assn
3136G4YUl
Federal National Mortgage Assn
3136G4282
Federal Home Loan Mtg CorP
3134GWUE4
Federal Home Loan Mtg Corp
3134GWUV6
Federal Home Loan Mtg Corp
3l34GWX43
06-t7 -20
06-17-24 c
08-25-20
02-25-25 c
08-27-20
05-27-25 c
06-03-20
05-28-25 c
06-10-20
06-10-25 c
06-24-20
06-24-25 c
06-30-20
06-30-25 c
07 -15-20
07-15-25 c
08-26-20
08-26-25 c
09-30-20
09-30-25 c
09-30-20
09-30-25 c
t0-02-20
t0-02-25 c
l0-15-20
l0-15-25 c
0.580%
0.600%
0.s20%
0.550%
0.600%
0.630%
0.7 50'A
0.780'A
0.'700'
0.740%
0.'150%
0.790%
0.800%
0.850%
0.730o/o
0.7'70%
0.500%
0.530%
0.500%
0.540%
2,000,000
2,000,000
2,000,000
2,000,000
2,000,000
868,056
2,000,000
2,000,000
2,000,000
2,500,000
2,500,000
3,000,000
3,000,000
Per BNY WIC
2,000,000
1,883,260
2,000,000
1,828,400
2,000,000
1,8 1 5,1 80
2,000,000
1,821,300
2,000,000
1,822,740
868,056
789,844
2,000,000
I ,8 17, 100
2,000,000
1,8 I 1,280
2,000,000
t,802,620
2,500,000
2,242,300
(l 16,740)
(109,320)
(17 1,600)
( I 52,040)
(r84,820)
( l61,320)
( I 78,700)
( r 54,940)
(177,260)
( I 5e,e80)
(78,212)
(6e,272)
( 1 82,900)
(l 58,040)
( l 88,720)
(1 63,400)
(197,380)
( I 73,700)
(2s7,700)
(231,t75)
11,600
967
10,400
867
12,000
1,000
15,000
1,250
14,000
1,167
6,5 10
543
16,000
1,333
14,600
1,217
10,000
833
12,500
1,042
0.52004
0.5600/o
0.ss0%
0.590%
0.550%
0.s90%
2,500,000
2,245,175
3,000,000
2,695,890
3,000,000
2,692,740
(254,82s)
(229,925)
(304,1 10)
(27 4,290)
(307,260)
(271,020)
13,000
r,083
16,500
1,3'15
16,500
t,375
- CONTINUED ON PAGE 5 -
4 t:\Finance\tnvestment Reports\2022-2023 lnvestment Reports\8- February 2023 lnvestment report.xls Federal Home Loan Mtg Corp
3134GWXX9
TYPE OF FIXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
JanuarY 3l'2023
DATES: INTERESTRATES:
STATED BOOK VALUE
UNREALIZED
GAIN/(LOSS):
TIIIS MONTH
ESTIMATED
EARNINGS:
ANNUAI,
CUSIP NUMBER
ACQUISITION
MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH THIS MONTH U.S. GOVERNMBNT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3 r 34GWY34
Federal National Mortgage Assn
3 I 35G06A6
Federal Farm Credit Bks Funding Corp
3133EMDZ2
Federal Farm Credit Bks Funding Corp
3I33EMEC2
Federal Home Loan Mtg Corp
3134GW3X2
Federal Home Loan Mtg Corp
3|34GW3Z7
Federal Home Loan Mtg Corp
3|34GWZL3
Federal Horne Loan Mtg Corp
3l34GW6S0
Federal Home Loan Mtg Corp
3I34GXAP9
Federal Horne Loan Mtg Corp
3134GXCS 1
Federal Home Loan Mtg Corp
3136GXFA7
Federal Home Loan Mtg Corp
3134GXDM3
I 0- I 5-20 0.5300
10-15-25 c 0.5700h
10-20-20 0.580%
10-20-2s c 0.620%
t0-21-20 0.520%
10-21-25 C 0.560Yo
10-22-20 0.530%
t0-22-25 C 0.570%
10-27-20 0.625Y"
10-27-25 c 0.670%
t0-28-20 0.6000/0
10-28-25 C 0.640%
t0-29-20 0.570'A
10-29-25 c 0.610%
11-10-20 0.610%
I l-10-25 C 0.650%
11-12-20 0.600%
11-12-25 c 0.6400
1t-25-20 0.625%
t1-25-25 C 0.660%
1r-30-20 0.6s0%
ll-26-25 C 0.700Yo
12-01-20 0.620Yo
12-01-25 c 0.6700
12-17-20 0.540%
t2-t7-25 c 0.580%
- CONTINUED ON PAGE 6.
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
2,000,000
3,000,000
3,000,000
2,000,000
3,000,000
2,000,000
1,500,000
2,500,000
Per BNY WTC
3,000,000
2,691,270
3,000,000
2,682,720
2,500,000
2,231,725
2,500,000
2,232,125
3,000,000
2,684,3r0
2,000,000
r,795,480
3,000,000
2,690,760
3,000,000
2,680,200
2,000,000
1,785,880
3,000,000
2,677 ,7 40
2,000,000
1,786,260
1,500,000
1,337,475
2,500,000
2,220,900
(308,730)
(278,s20)
(3 r7,280)
(27s,820)
(268,27 5)
(233,825)
(267,87s)
(233,37s)
(3 r 5,690)
(273,840)
(204,s20)
( r 83,980)
(309,240)
(278,460)
(3 I e,800)
(285,1 80)
(214,120)
(190,920)
(322,260)
(286,920)
(2t3,7 40)
( 1 90,1 20)
(162,s25)
(140,68s)
(279,r00)
(242,42s)
15,900
r,325
17,400
1,450
13,000
1,083
13,250
1,104
18,750
1,563
12,000
1,000
1 7,1 00
1,425
I 8,300
t,525
12,000
1,000
18,750
1,563
1 3,000
1,083
9,300
775
13,500
1,t25
Federal Farm Credit Bks Funding Corp
3133EMKT8
5 T:\Finance\lnvestment Reports\z022-2023 lnvestment Reports\8- February 2023 lnvestment report.xls
TYPE OF FIXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
JanuarY 31,2023
DATES INTEREST RATES
ACQTIISITION STATED
MATURITY CTIRRENT YIELD
BOOK VALUE 'THIS MONTII ANNUAL
PARVALUE MARKETVALUE LASTMONTH THIS MONTI.I
UNREALIZED
GAIN/(LOSS):
ES'tIMATED
EARNINGS:
CTISIP NUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Horne Loan Mtg Corp
3134GXFV1
Federal IIome Loan Mtg Corp
3I34GXHD9
Federal Home Loan Mtg Corp
3134GXJX3
Federal Home Loan Mtg CorP
3t34GXIZ8
Fedelal Home Loan Banks
3l30AKQ74
Federal Home Loan Mtg Corp
3134GXKJ2
Federal Home Loan Banks
313OAKPC4
Federal National Mortgage Asso
3 135G06R9
Federal Horne Loan Banks
3 I 30AL3S I
Federal Home Loan Banks
313OAKYU4
Federal Home Loan Banks
3l3OALCW2
Federal Florne Loan Banks
3t30LKZZ'
t2-t7 -20
12-17-25 c
t2-23-20
t2-23-25 C
0 I -05-2 I
0l-05-26 c
0t-07-21
0t-07-26 c
0r-22-21
0t-22-26 C
0r-22-21
01-22-26 C
0l-28-21
0t-28-26 C
01-28-21
0t-28-26 C
02-17-21
02-l'7-26 C
02-24-21
02-24-26 c
02-25-21
02,25-26 C
02-26-21
02-26-26 C
03- l 0-2 I
03-10-26 C
0.62s%
0.670%
0.700%
0.750%
0.550%
0.590%
0.520%
0.560%
0.62s%
0.670%
0.ss0%
0.590%
0.600%
0.640%
0.550o/o
0.s90%
0.625%
0.670%
0.600%
0.640%
0.625%
0.670o/o
0.650%
0.700%
0.800%
0.860%
2,000,000
3,000,000
2,500,000
2,000,000
2,500,000
2,500,000
2,000,000
2,000,000
3,000,000
3,000,000
3,000,000
3,000,000
3,000,000
Per BNY WTC
2,000,000
1,786,420
3,000,000
2,676,ts0
2,500,000
2,2t2,750
2,000,000
t,773,880
2,500,000
2,221,425
2,500,000
2,2t6,425
2,000,000
1,774,880
2,000,000
1,766,s20
3,000,000
2,661,5t0
3,000,000
2,641,290
3,000,000
2,643,t20
3,000,000
2,644,920
3,000,000
2,668,170
(2 1 3,580)
(1 8e,400)
(323,850)
(279,270)
(287,250)
(249,82s)
(226,t20)
(201,760)
(278,s7s)
(247,600)
(283,s7s)
(2s2,7 s0)
(225,120)
(200,260)
(233,480)
(203,040)
(338,490)
(308,790)
(358,7 I 0)
(312,420)
(356,880)
(3 I 0,500)
(355,080)
(308,640)
(33 1,830)
(293,430)
I 2,500
1,042
21,000
t,750
13,750
1,146
10,400
867
t5,625
1,302
t3,750
1,146
12,000
1,000
11,000
917
18,750
1,563
18,000
1,500
I 8,750
1,563
19,500
1,625
24,000
2,000
- CONTINUED ON PAGE 7 -
6 f,\finance\lnvestment Reports\2022-2023 lnvestment Reports\8- February 2023 lnvestment report.xls Federal l-Iorne Loan Banks
3 I 3OALFSS
TYPE OF FIXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
January 3l'2022
DATES: INTERESTRATES
ACQUISITION STATED
UNREALIZtrD
GArN/(LOSS):
BOOK VALUE THIS MONTH ANNIJAL
PARVALIJE MARKETVALUE LASTMONTH THIS MONTH
ESTIMATED
EARNINGS:
CUSIP NUMBER MATURITY CURRENT YIELD
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Banks
3130ALKQ6
Federal Home Loan Banks
313OALXV I
Federal I{orne Loan Banks
3l30AMWU2
Federal Home Loan Banks
3 1 30AN2L3
Federal Flome Loan Banks
3 t30AN4R8
Federal Home Loan Banks
3I3OANFT2
Federal Home Loan Banks
3I3OANLZ1
Federal Home Loan Banks
3130ANM56
Federal Home Loan Banks
3I3OANUX6
Federal Home Loan Banks
313OANXS4
Federal Home Loan Banks
3I3OANXTJ9
Federal Home Loan Banks
3I3OANYR5
03-30-2 I
03-30-26 c
04-22-2t
04-22-26 c
06-30-2 I
06-30-26 C
07-13-21
07-t3-26 c
07 -29-21
07-29-26 c
08-24-21
08-24-26 c
08-26-21
08-26-26 c
08-27-2t
08-27-26 c
09-28-21
09-28-26 c
09-28-21
09-28-26 c
09-30-21
09-30-26 c
09-30-2 l
09-30-26 c
10-2t-21
t0-21-26 c
1.030o/o
1.0900/0
t.r00%
1.160010
1.000%
r.060%
1.020%
1.080%
L125Yo
1.t90%
1.0s0%
l.l200h
0.900%
0.960%
1.050%
1.110%
1.100%
1.170%
0.900o/o
0.960%
1.000%
1.0300h
0.950%
1.010%
1.000%
1.060o/n
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
2.500,000
2,500,000
Per BNY WTC
2,500,000
2,235,625
2,500,000
2,228,100
3,000,000
2,653,830
3,000,000
2,647,140
3,000,000
2,653,140
3,000,000
2,639,430
2,500,000
2,t87,400
2,500,000
2,199,000
3,000,000
2,639,t30
3,000,000
2,619,8t0
3,000,000
2,629,020
2,500,000
2,186,825
2,500,000
2,193,47s
(264,37s)
(23 1,300)
(27 t,900)
(230,67s)
(346,r70)
(293,850)
(3s2,860)
(300,030)
(346,860)
(292,890)
(360,570)
(306,120)
(312,600)
(267,325)
(30 1,000)
(25s,475)
(360,870)
(304,800)
(380,1 90)
(324,s40)
(370,980)
(3 14,9 1 0)
(3 13,175)
(266,s7 s)
(306,s2s)
(266,87s)
2s.7 50
2,146
27,500
) )q')
30,000
2,500
30,600
2,550
33,'7 50
2,813
3 1,500
) 6)\
)) 500
1,875
26,250
2,1 88
33,000
2,750
27,000
2,250
30,000
2,500
23,7 50
t,979
25,000
2,083
- CONTINUED ON PAGE 8 -
7 Federal Home Loan Banks
3 I 3OAPCD5
T:\Finance\lnvestment Reports\2022-2023 lnvestment Reports\8- February 2023 lnvestment report.xls
TYPE OF FIXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
January 31,2023
DATES: INTEREST IIATES:
ACQUISITION STATED
MATURITY CURREN'T YIELD
BOOK VALUE
UNREALIZED
GAIN/(LOSS):
THIS MONTH
BSTIMATED
EARNINGS:
ANNUAL
CUSIP NUMBtrR PARVALUE MARKETVALUE LASTMONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
Federal Home Loan Bks
3 I 30APJ55
Federal Home Loan Bks
3I3OAPJB2
Federal Home Loan Bks
313OAPDQ5
Federal Ilome Loan Bks
313OAPFQ3
Federal Home Loal Bks
313OAPFR1
F'ederal I{ome Loan Bks
3 l3OAPFU4
Federal Home Loan Bks
3 I 3OAPLP8
Federal Home Loan Bks
3I3OAPNK7
Federal Home Loan Bks
3 I3OAPPL3
Federal Home Loan Bks
3I3OAPXT7
Federal Home Loan Bks
3130ARA68
TOTAL F'IXED INCOME INVESTMENTS
**All are in safekeeping with BNY Western Trust Company 10-26-21
10-26-26 c
t0-26-21
10-26-26 C
t0-28-21
t0-28-26 c
t0-28-21
10-28-26 c
10-28-21
t0-28-26 c
t0-28-21
10-28-26 C
tl-16-21
tt-16-26 c
1 1-18-21
l1-18-26 c
tt-23-21
t1-23-26 C
l.250Yo
1.3ljYo
1.125'h
r.190%
1.2500h
t.320%
1.r00%
t.t70%
l.l20%o
t.t90%
r.0s0%
1.120v,
1.375%
l.440Yo
l.375Yo
L440Y"
3,000,000
3,000,000
3,000,000
2,000,000
2,000,000
2,000,000
2,500,000
3,000,000
3,000,000
2,000,000
2,000,000
N/A
Per BNY WTC
3,000,000
2,648,550
3,000,000
2,636,280
3,000,000
2,648,130
2,000,000
I,755,580
2,000,000
1,7 56,900
2,000,000
1,752,300
2,500,000
2,220,150
3,000,000
2,663,790
(35 r,450)
(298,500)
(363,720)
(306,540)
(35 1,870)
(294,270)
(244,420)
(206,200)
(243, l 00)
(204,860)
(247,700)
(209,560)
(279,850)
(231,625)
(336,2 r 0)
(278,250)
(329,700)
(271,s00)
(2rs,440)
(17 5,660)
37,500
3,t25
33,750
2,813
37,500
3,125
22,000
1,833
22,400
1,867
21,000
1,7 50
34,375
2,865
4t,250
3,438
43,500
3,625
t2-17 -21
12-17-26 c
03-29-22
03-29-27 C
t.450%
1.510%
1.600%
l.67jYo
2.350%
2.390%
N/A
0.880%
3,000,000
2,670,300
2,000,000
1,784,560
2,000,000
t,822,840
(r77,t60)
(1 36,1 00)
32,000
2,667
47,000
3,917
I 57,868,056
140,523,439
(t7,344,6t7)
( l 5,034,607)
1,308,760
109,063
- Uil= Unrestricted Investments
8 T:\Finance\lnvestment Reports\2022-2023 lnvestment Reports\8- February 2023 lnvestment report xls Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Property Purchase for the Cross Avenue Improvement Project (EN0074)
RECOMMENDED ACTION
Authorize the City Manager to complete and execute the documents necessary to purchase property for public right-of-way required by Project EN0074 located on the north side of Cross Avenue as a portion of APN 168-340-002 in the amount of $6,900, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.
SUMMARY
Capital Improvement Project EN0074 addresses pavement and utility infrastructure improvements along Cross Avenue west of West Street. The project includes the installation sidewalk on the north side of Cross Avenue, surface water improvements, water and sewer service modifications, street reconstruction, and improvements on the westerly side of the intersection of Cross Avenue and West Street. The project will improve surface water drainage, as well as improve pedestrian connectivity in the area. The installation of curb, gutter and sidewalk along the north side of Cross Avenue requires the acquisition of additional rightof-way from five (5) parcels.
Project EN0074 dates back to July of 2017. City Council previously identified the project as part of the approved list of SB1 funded projects on April 23, 2019. Subsequently, Council gave direction to staff to commence the design and right-of-way acquisition phases for the project. A contract was awarded to 4Creeks for design, and to Paragon Group for right-of-way acquisition services. Paragon Group completed appraisals and has been working on the City’s behalf to obtain the required right-of-way at fair market value for the five (5) parcels, which are owned by four (4) separate property owners. The subject parcel is the second owner who has accepted an offer from the City and signed a Purchase and Sale Agreement (attached).
The subject parcel is located on the north side of Cross Avenue, west of West Street. The property owner, Hector Coronel, has been working with the City’s consultant team throughout the design, appraisal and acquisition process, and has agreed to sell the required property for the amount of $6,900 in accordance with the terms previously authorized by City Council. This property acquisition encompasses 0.02 acres. The property has minor improvements on the portion being acquired. The land is valued at $4,320, and the value associated with existing improvements affected by the acquisition (cost to cure) was determined to be $2,481. The subsequent acquisition offer was rounded to $6,900.
FISCAL IMPACT & FUNDING SOURCE(S)
Funding source for the property acquisition is a combination of gas tax and Measure R Local revenues. The corresponding project account number is EN0074-030-0610.
Item #: 14.4
Consent
LEGAL REVIEW
The City Attorney will review purchase documents as necessary to ensure that they conform to standard requirements.
ALTERNATIVE ACTION
1. Approving the proposed property acquisition with changes or additional conditions could require the City to renegotiate the acquisition of said land, which may delay the project construction start date.
2. Denying the subject property acquisition would prevent the relocation of existing Southern California Edison power poles, which would in turn prevent the City from installing curb, gutter, and sidewalk along the north side of Cross Avenue.
3. Tabling the proposed property acquisition could delay the project’s construction start date.
ATTACHMENTS
1. Coronel signed Purchase and Sale Agreement
Reviewed/Approved:
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Information Technology Services
Submitted by: Jason Bowling, Chief Technology Officer
Agenda Title: Increase E-mail Retention From 365 days to 730 days (2 years)
RECOMMENDED ACTION
Adopt a resolution amending Resolution 18-60 updating an Electronic E-Mail Retention Policy to increase email retention from 365 days to 730 days (2 years) and incorporating said changes into the City of Tulare’s Records Retention & Indexing Schedules and Information Management Policy.
SUMMARY
The proposed resolution explicitly ties electronic mail to the records retention policy for the City of Tulare. The retention for electronic mail is content driven. It is the responsibility of the employee to look at their e-mail and determine the appropriate retention for each item. Each employee must then act upon the electronic message to ensure that the message is properly retained in accordance with the records retention policy outside of the e-mail system. The current policy is that employees have 365 days to classify and act upon an email from the time of receipt. This revision of the resolution will increase the period of time to 730 days (2 years).
The item was discussed with department heads, and consensus was reached to allow additional time for review of emails to minimize the impact to operations while adhering to the records retention policy. A two-year e-mail retention will match e-mail retention with “General Correspondence” retention. This will help with the process of reviewing e-mails as action will only need to be taken on e-mails with content that requires a retention of longer than two years.
FISCAL IMPACT & FUNDING SOURCE(S)
There is minimal fiscal impact. The City of Tulare has moved e-mail services to Office365. The storage limits included in existing Office365 plans will allow for this retention level for nearly all users. In the unusual event additional storage is required for a very high-volume user, additional storage plans are available for a reasonable rate.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution
Reviewed/Approved:
Item #: 14.5
Consent
RESOLUTION 2023-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AMENDING RESOLUTION 18-60 E-MAIL RETENTION POLICY INCREASING EMAIL RETENTION FROM 365 DAYS TO 730 DAYS WHEREAS, e-mail systems are not designed for long-term retention of messages; and
WHEREAS, it is the responsibility of the user to determine if an e-mail message is an official record and is covered within the scope of City’s records retention and indexing schedules; and
WHEREAS, e-mail that becomes part of an official record should be acted upon and maintained within a separate project file outside of the e-mail system; and WHEREAS, the need has arisen to increase the e-mail retention from 365 days to 730 days to minimize the impact to operations while adhering to the records retention policy; and
WHEREAS, all e-mail messages will be electronically deleted by the City’s Information Technology Division 730 days after their receipt and e-mail messages that are subject to the City’s records retention schedule need to be acted upon before that time; and
WHEREAS, employees having questions about whether a particular message needs to be retained should direct their questions to the City Clerk’s Office who will receive advice and recommendation from the City Attorney’s Office as to its retention value which includes emails that may be subject to litigation matters; and WHEREAS, e-mail backups performed by the Information Technology Division are for disaster recovery purposes only.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. Resolution 18-60 E-mail Retention Policy is hereby amended increasing e-mail retention from 365 days to 730 days.
PASSED, APPROVED, AND ADOPTED on this 21st day of March, 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Parcel Map Acceptance – TPM 2022-07
RECOMMENDED ACTION
Approve the Parcel Map filed by Sequoia Investors, LLC, a California Limited Liability Company and The Shawn Team, LLC, a California Limited Liability for the division of land located on the southeast corner of Cross Avenue and Cherry Street for recordation, and accept all easements offered to the City.
SUMMARY
Tentative Parcel Map No. 2022-07 filed by Sequoia Investors, LLC, a California Limited Liability Company and The Shawn Team, LLC, a California Limited Liability Company would create two parcels from one existing parcel, and was approved by the City of Tulare Planning Commission on January 9, 2022. This parcel map comprises approximately 8,941 square feet.
Parcel 1 would be 4,622 square feet, and Parcel 2 would be 4,319 square feet. The map requires an irrevocable offer of dedication (IOD) to the City of Tulare at the southeast corner of Cross Avenue and Cherry Street as shown on the Parcel Map. The IOD will be rejected at this time and remain an IOD until accepted at some future date by a separate resolution of City Council. The map requires a 6-foot public utility easement and sidewalk easement along the parcels’ Cross Avenue frontage.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.
ALTERNATIVE ACTION
1. Approve with changes – Changes may result in delay to project continuing and additional financial burden to applicants.
2. Deny – Construction of the proposed multi-family residential project would not be permitted.
3. Table – The delay resulting from tabling the item could adversely impact the Developer’s project financing.
ATTACHMENTS
1. A copy of Planning Commission Resolution 5447
2. Parcel Map TPM 2022-17
Reviewed/Approved:
Item #: 14.6
Consent
RESOLUTION NO. 5447
A RESOLUTION OF THE CITY OF TULARE PLANNING
COMMISSION APPROVING VARIANCE APPLICATION No. 468 AND
TENTATIVE PARCEL MAP NO. 2022-07
WHEREAS, the City of Tulare Planning Commission held a regular meeting on January 9, 2022 to consider a request by Steven Macias with Sequoia Investors for a variance to allow two parcels to be created that do not meet the minimum parcel size or the minimum lot depth requirements of the RM (Multi-family Residential) zone. The project also includes a request for a tentative parcel map to subdivide one existing parcel into two parcels. The subject property is located on the southeast corner of Cross A venue and Cherry Street; and, WHEREAS, the Planning Commission of the City of Tulare after duly published notice, did hold a public hearing before said Commission on January 9, 2023; and, WHEREAS, the City of Tulare Planning Commission determined that the strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of the Zoning Title; and, WHEREAS, the Planning Commission determined that the proposed parcel map will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity; and,
WHEREAS, the Planning Commission determined that the proposed parcel map provides required dedications and easements to be recorded by final parcel map; and, WHEREAS, the Planning Commission determined that the proposed parcel map is in conformance with the goals and objectives of the General Plan; and, WHEREAS, the Planning Commission determined that the proposed parcel map will not have significant effect on surrounding properties and improvements in the vicinity of the project site; and, WHEREAS, the Planning Commission of the City of Tulare finds that A variance from the zoning code and proposed parcel map are exempt pursuant to Section 15315 (Minor Land Divisions) and 15332 (In-fill Development Projects) of the California Environmental Quality Act of 1970, as amended.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented:
1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, and that the strict application of this title deprives the property of privileges enjoyed by other property in the vicinity and under identical district classifications.
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 1
The project site is zoned RM-2 (Multi-family Residential). Currently, the site is developed as a commercial building that operates as a salon. The commercial building is an existing non-conforming use. The project site is under utilized and has a parking lot larger than is needed for the existing commercial business. The applicant is proposing to construct a duplex on the eastern portion of the project site and maintain sufficient parking for the existing commercial building. The proposed duplex is a permitted use.
The applicant is also proposing to subdivide the project site into two parcels in order to separate each of the proposed uses of the parcel. The proposed parcels do not meet the current zoning requirement for total lot size or lot depth. The use of the property as a non-conforming commercial use is a special circumstance. In addition, there are multiple other properties located within 190 feet south of the project site that have been allowed to be created that are also zoned RM-2 and do not meet the minimum requirements for total lot size and lot depth. A strict application of this title would deprive the subject property of a privilege that is enjoyed by other properties in the vicinity under identical district classification.
2) That the granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district and denied to the property for which the variance is sought.
The granting of the requested variance would facilitate the division of the project site into two parcels which do not meet the minimum lot size and lot depth requirements of the RM-2 (Multi-Family Residential) zoning designation. There are multiple other properties located within 190 feet south of the project site that have been allowed to be created that are also zoned RM-2 and do not meet the minimum requirements for total lot size and lot depth. The granting of the requested variance would be necessary for the subject property to possess the same property right that is possessed by other properties in the same vicinity and district.
3) That the granting of the variance will not be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in such vicinity and district in which the property is located.
The granting of the variance would not appear to be detrimental to the public health, safety, or welfare or injurious to the property or improvements in such vicinity or district.
The granting of the variance would simply allow lines on a map to be, drawn for ownership purposes.
4) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and district in which such property is located.
The granting of a variance would not constitute a grant of special privilege. The variance would allow lines on a map to be drawn to subdivide the parcel for ownership purposes. There are several properties within 190 feet south of the subject property that have been granted a similar privilege.
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 2
5) That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.
The variance would not allow an activity which is not otherwise expressly authorized by the zoning regulations governing the parcel. The use of the property as a commercial business is an existing, non-conforming use, which will be allowed to remain unless the property loses its non-conforming statues consistent with Chapter I 0.15 6 of the City of Tulare Municipal Code. The proposed use of the property as a residential duplex is a permitted use per Chapter 10.36 of the City a/Tulare Municipal Code. 6) That granting the variance will not be inconsistent with the General Plan.
The granting of the variance is not inconsistent with the goals and objectives of the General Plan. The proposed uses of the property will be consistent with the zoning ordinance as well as the policies and implementation measures of the general plan. 7) A variance from the zoning code and proposed parcel map are exempt pursuant to Section 15315 (Minor Land Divisions) and 15332 (In-fill Development Projects) of the California Environmental Quality Act of 1970, as amended.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Parcel Map Committee that Tentative Parcel Map 2022-05 and Variance No. 468 are hereby approved and subject to the following conditions:
Conditions:
1) All requirements of Title 10 shall be met.
2) Approval does not authorize any deviation from Fire and Building Codes. 3) The conceptual site plan and elevations are approved as shown in the attachments hereto. 4) A final map shall be recorded in substantial compliance with the Tentative Parcel Map No. 2022-05.
5) Applicant shall comply with attached Engineering conditions.
I
6) In accordance with Zoning Ordinance Section 10.128.090, this Variance approval shall lapse and become void (1) year from the effective date of approval, unless the project is being diligently pursued.
Engineering:
The Engineering Division recommends the following Site Plan Review Status for the subject project:
D Resubmit with the following required revisions to the site plan:
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 3
1. Please provide cross sections of on the Site Plan. Cross sections shall include (at a minimum) dimensions from right-of-way (ROW) to ROW (existing and proposed), dimensions from ROW to landscape lot (if applicable), dimensions from ROW to sections line, dimensions from sections line to curb face, dimensions from curb face to sidewalk, sidewalk width, and median width and location with respect to section line (if applicable).
2. ~ Proceed and comply with Engineering Conditions of Approval checked below.
1. The development shall maintain minimum 20 feet clearance between garage and City right-of-way.
2. Parking and drive aisle widths shall comply with City Std. Dwg. No.2210.
D Proceed. No applicable Engineering Conditions of Approval.
General Engineering Conditions:
~ All public improvements conditionally required for project approval shall comply with the provisions of Chapter 8.24 "Subdivision Regulations" of the Tulare Municipal Code, the "City of Tulare Design Guidelines and Public Improvement Standards", and all other applicable City policies, specifications, ordinances and standard operating procedures in effect at the time of their construction, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Engineering Division while reviewing this development proposal. Nothing in these conditions precludes the City Engineer 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.
~ All required engineering plans and calculations shall be prepared by a registered civil engineer.
Any elevations shown on plans required for the subject development shall be based on the official City of Tulare datum. The Engineer shall provide three (3) copies of each improvement plan set submitted to the City of Tulare for checking. All public improvements shall be on 24" x 36" sheets, in a plan/profile format at a scale of l "=50' or larger. Private on-site improvements may be plan-view only format, and may be on sheet sizes consistent with the rest of the on-site . l I construction p ans.
l
D Following approval of the improvement plans, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved plans. This shall be done prior to scheduling any pre-construction conferences or commencing construction of any improvements.
Following the recordation of a Notice of Completion for the project, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file showing all As-Built revisions approved by the City and incorporated into the construction of the project improvements.
D Prior to the start of construction, a meeting will be called by the City Engineer with the Owner/Developer, Contractor and all concerned including utility companies to coordinate and Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 4
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.
D Applicant shall obtain a Street Closure Permit from the City. A traffic control plan prepared by a registered civil engineer, traffic engineer or traffic control specialist shall be submitted with the Street Closure Permit application, and will be subject to the approval of the City Engineer prior to application approval.
Required Data, Studies and Master Plan Documents:
~ The Owner/Developer shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings. Said report shall be submitted to the City Engineer or Chief Building Official. ~ The Owner/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 and street subgrades. All soils testing shall be performed at the sole cost of the Owner/Developer. The Owner/Developer shall 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 of trench backfill and fills. The City shall order and direct all compaction tests. ~ 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.
D Percolation tests are required for the design of new drainage basin facilities, or the expansion of existing drainage basin facilities.
D Project trip generation data based upon the ITE Trip Generation Manual is required. A Transportation Impact Study identifying the project impacts and proposed mitigation measures may be required as a condition of project approval, and shall be subject to the approval of the City Engineer. Traffic impact studies 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. Traffic impact studies shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating project impacts to existing roadway facilities, traffic impact studies shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Govennments (TCAG), and shall specifically address the project impacts and any appropriate mitigations to facilities identified by the City Engineer.
D A Transportation Impact Study (TIS) identifying the project impacts and proposed mitigation measures shall be submitted to the City 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 Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 5
current transportation modeling forecasts provided by the Tulare County Association of Governments, and shall specifically address the project impacts and any appropriate mitigations to the following facilities:
1. Intersections, (including lane geometry and turn pocket lengths): __
2. Roadway Segments: __
3. Other:
cg] Compaction tests are required on all street subgrades, and at utility trench crossings of curb, gutter and sidewalk. All soil testing shall be performed at the sole cost of the Owner/Developer.
D Master Plan drawings are needed for: D Water, D Sewer, D Storm Drain, D Streets Right of Way Requirements
cg] Any work to be done within the City street rights-of-way requires an encroachment permit issued by the Engineering Division, and shall be done under the inspection of the City Public Works Inspector. All contractors working within City street rights-of-way shall possess a valid City of Tulare business license. Separate encroachment permits are also required from the following agencies for work within their rights-of-way or on their facilities: D County of Tulare: __ , D State: __ , D Tulare Irrigation District.
cg] The following right-of-way dedications are required for street/alley purposes:
a. 20' property corner radius: __
b. Chamfer property corner: SE Cor of Cross Avenue and Cherry Street (1.O.D.) c. Alley: __
d. Street: Cross Avenue additional right-of-way dedication TBD.
D Waiver of direct access rights is required at the following locations: __ .
D Easements will be required for 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 trash enclosures.
Final Map Requirements
cg] Submit to the City of Tulare a title report for the parcel(s) to be developed. cg] Submit closures and tabulation of areas (square feet) of all lots within the subdivision. A blue line area shall also be submitted.
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 6
~ Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the improvement drawings for final checking.
D Following the approval of final subdivision or parcel maps, the Developer's Licensed Surveyor or Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved final map, or GIS shapefile for the related parcels included on said final map. ~ A City Clerk's Certificate is required on the final map for required dedications.
D A Public Works Certificate required on the final map if improvements are not constructed prior to recordation. This provision would require an engineer's estimate and an improvement security.
Roadway Improvements
D Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards The structural section design for new roadways and pave-out areas shall be based upon the results of R-Value tests at locations approved by the City Engineer, and the design criteria provided below. Minimum structural sections allowed shall be per the City of Tulare Design Guidelines and Public Improvement Standards:
Roadway Classification
Traffic
Index Paved Width
a)
b)
D Construct full pave-out width from lip of gutter to the existing edge of pavement on the following existing roadways impacted by the development is required: __ .
D Reconstruct/rehabilitate the following existing roadway segments impacted by the development in accordance with methods to be approved by the City Engineer: __ .
D Provide stabilized shoulders along the following existing roadway segments in accordance with the City ofTulare's adopted PM-10 control guidelines: __ .
D Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: __ .
D Install median improvements per the requirements of the City Engineer within the following existing roadway segments impacted by the development: __ .
D Provide pavement transitions from existing roadway cross-sections to new roadway crosssections per the requirements of the City Engineer at the following locations: __ . ~ Curb and Gutter - Existing curb and gutter to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 7
not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard curb and gutter shall be constructed as indicated below.
I !il,eet F,ealasefsl I ~oafiq",aliea
D Construct City standard cross gutter at the following locations: __ . ~ Driveway Approaches - Existing driveway approaches to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard driveway approaches shall be constructed as indicated below.
Street Frontage(s)
Construct City Std. Driveway Approaches at Locations Shown on the Approved Site Plan
~ Sidewalks - Existing sidewalk to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, and cracked or raised concrete. New City Standard sidewalk shall be constructed as indicated below. For adjacent sidewalk pattern, sidewalk shall transition behind driveway approaches and maintain a minimum width of 4 feet while doing so.
Street Frontage Configuration Sidewalk Width
{ID
Cross Avenue Adjacent to Curb 6 feet
~ Ramped Curb Returns - Existing ramped curb returns to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. "New City atandanl ¥amped Cttf@ ¥ettt¥ftB and/a¥ pedeat¥ial'I ¥ampB ahall he inatalled aa indicated helow.
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Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 8
D Alley Improvements - The following alley improvements are required:
1. Construct vee gutter at the following locations: __ .
2. Construct ADA compliant alley approach at the following locations: __ .
3. Other:
D Street monuments - Street monuments shall be installed at locations as required by the City Engineer.
D Temporary Turnarounds - Turnarounds are required at all dead end or stubbed streets, except where refuse pickup on lot frontages does not require the refuse collection vehicle to back up.
Grants of easement shall be provided to the City of Tulare for all temporary turnaround locations.
C2J Damage to Existing Street Improvements - If work by the Owner/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 Owner/Developer shall maintain the street in its repaired state for the duration of the development's construction activities.
D Street Lights - Street lights shall be owned and maintained by Southern California Edison, and shall be installed at locations designated by the City Engineer per the City of Tulare Design Guidelines and Public Improvement Standards. Luminaires shall be LED fixtures mounted on standard concrete marbelite poles, and shall comply with the following general requirements:
Color
Roadway Rating Minimum Mounting Mast Arm
Classification Wattage (kelvin) Lumens Height Length
Local Streets 31 Watt 4,000 4,000 26 feet 6 foot
Collector 39 Watt 4,000 5,000 26 feet 8 foot
Streets
Minor 39 Watt 4,000 5,000 32 feet 8 foot
Arterial
Streets
Arterial 71 Watt 4,000 8,500 32 feet 8 foot
Streets
Traffic Signal 4,000 15,000 Varies Varies
D Traffic Control Devices - Street name signs, traffic control signs, pavement delineation and/or pavement markings shall be installed as required by the City Engineer.
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 9
D Traffic Calming Measures - The proposed development shall incorporate the following traffic calming measures: __ .
D Bicycle and Pedestrian Facilities - The proposed development shall incorporate the following bicycle/pedestrian facilities: __ .
D Transit Facilities - The proposed development shall incorporate City standard bus turnout(s) at the following location(s): __ .
Grading Requirements
~ A grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road frontages in such a manner that runoff is not diverted to adjacent property.
On-site retention of storm water runoff is D required ~ not required.
A letter verifying that lot grading was completed according to the approved grading / drainage plan shall be prepared by a Registered Civil Engineer or Licensed Architect and submitted to the City Engineer prior to the issuance of any final occupancy permits or notice of completion for public improvements. The Engineer or Architect shall affix their stamp and seal to the letter. ~ 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.
Utility Improvements
D All utility services to be located within paved areas shall be placed in the streets prior to paving.
D The Owner/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. ~ All costs associated with the removal, 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 but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project. The following streets have above ground utilities that will need to be undergrounded:
Street Location
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 10
Water System Requirements
D Water main alignments shall be 6 feet south and/or west of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following water main extensions and connections:
D Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Owner/Developer.
~ Fire hydrants and fire suppression systems shall be provided as required by the City of Tulare Fire Marshall. The proposed development shall demonstrate that sufficient flows are available to support the required improvements. All points of connection to the City water system are subject to the approval of the City Engineer.
~ The proposed development shall install water services with back flow devices, as approved by Planning and Building. Water sizing calculations shall be provided at time of building permit application. Domestic and landscaping services shall be separate metered services using the make and model of meter specified by the City of Tulare Public Works Department. No substitutions are allowed. All R-M-2 lots shall require individual water services (1 ½" minimum) with meter boxes.
D Water sampling stations shall be installed as follows: __ .
D Existing water wells shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.
Sewer System Requirements
D Sewer main alignments shall be 11 feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following sanitary sewer main extensions and connections: __
~ The proposed development shall connect to City sewer. If service from an existing lateral is proposed, said lateral shall be exposed for inspection by the Public Works Inspector and upgraded to current City standards if found to be broken or substandard.
D All sewer lines shall pass both mandrel and air pressure tests. The Owner/Developer shall video inspect all sewer mains prior to placement of asphalt concrete and again after paving is complete.
City Public Works Inspector shall review each video inspection prior to approval.
D A sewer monitoring station, oil/sand/water separator and/or grease interceptor shall be installed as required by the wastewater manager.
D Existing septic tanks shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 11
Storm Drainage System Requirements
D Storm drain alignments shall be 6 feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following storm drain line extensions and connections:
D The Owner/Developer shall video inspect all storm drain mains and laterals prior to placement of asphalt concrete and again after paving is complete. City Public Works Inspector shall review each video inspection prior to approval.
Landscaping and Parks Requirements
D A landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase to assist City staff in the formation of the Landscape & Lighting District. The landscape & irrigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 days before approval of the final map or approval of the improvement plans (whichever comes first).
D A Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local street maintenance. The Owner/Developer shall submit a completed Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minimum of 75 days before approval of the final map or approval of the improvement plans (whichever comes first). Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District.
On-site Improvements
~ On-site A.C. pavement design shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the following minimum traffic index requirements: 4.5 for parking areas/travel lanes and 5.0 for truck routes (including path of travel of solid waste collection vehicles).
D All on-site water, sewer, and storm drain shall be privately owned. All City owned water meters shall be located within the City's ROW.
D All unused culverts and irrigation lines shall be abandoned and plugged in a manner acceptable to the City Engineer.
D A trash enclosure is required and shall be shown on the improvement drawings. The type, location and orientation of the enclosure shall be subject to the approval of the Solid Waste Division Manager. For doublewide enclosures, separate bins are required for solid and recyclable waste, and identification signing shall be posted adjacent to all points of direct access.
The wording of the signing shall be clear and concise, and shall identify all materials accepted in the recycling bin.
~ A landscaping plan subject to the review and approval of the Planning and Building Divisions shall be provided. Approval of the landscaping plan is required prior to approval of engineering Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 12
improvement plans by the City Engineer. All existing trees that conflict with proposed improvements shall be removed to a depth of two (2) feet below proposed finish grade.
D If applicable, existing irrigation ditches and/or canals shall be piped, developed into a trail, or relocated outside the project boundaries per the direction of the City Engineer and affected irrigation district. Related irrigation facilities shall be subject to the same requirements for piping or relocation.
D In conformance with the City of Tulare's adopted air pollution control measures, a sign instructing delivery vehicle drivers to turn off their vehicle's engine while making deliveries shall be prominently posted at the location where deliveries are received.
D Fugitive dust shall be controlled in accordance with the applicable rules of the San Joaquin Valley Air Pollution Control District's Regulation VIII. Copies of any required permits will be provided to the City.
D If 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. ~ If the project meets the one acre of disturbance criteria of the States Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is required. A copy of the approved permit and the SWPPP shall be provided to the City. When construction activities are not covered under the General Permit, storm water pollution control shall be implemented per the requirements of the City's Municipal Separate Storm Sewer System (MS4) permit.
~ The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, begins as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later challenging such exactions.
Oversize Construction
D The conditions of project approval require the construction of facilities which have been designated as "masterplan facilities" by the City Engineer, and as such the Owner/Developer may be eligible to receive reimbursement for oversized construction costs in accordance with Chapter
8.64 "Oversized Construction Reimbursement" of the Tulare Municipal Code, and the oversized construction reimbursement policies of the Engineering Services Department. Eligibility for any reimbursement of oversized construction costs is subject to the City Engineer's review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Owner/Developer shall file with the City Engineer a financial statement, in the form Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 13
specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Owner/Developer shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.
All applicable City fees shall apply unless specifically waived or modified elsewhere in these conditions. All fees shall be based on the current fee schedule in effect at the time of final map recordation or upon the date of issuance of other discretionary permit, whichever is applicable.
These fees include, but are not limited to:
D Sewer front foot charges of$ 26.00 per front foot for frontages on __ .
D Sewer lift station fee of$ __ per acre.
D Water front foot charges of$ 17.50 per front foot for frontages on __ .
D Street front foot charges of$ __ per front foot for frontages on __ .
D Benefit district creation fee (if applicable): $ 1,356.00 per district.
D Traffic signal in-lieu fee of$ __ .
D TIO ditch piping in-lieu fee of$ __ .
D Sewer main construction in-lieu fee of$
D Water main construction in-lieu fee of$
D Street construction in-lieu fee of$ __
cgJ Engineering inspection fee based on a percentage of the estimated cost of construction is required prior to the construction of the improvements. cgJ Development impact fees to be paid with building permit at rates in effect at time of permit issuance.
cgJ Engineering plan check fee to be paid at time of plan submittal. cgJ Final map plan check fee to be paid at time of map submittal.
D Other: __
Prepared By: Jan Bowen, Engineering Department
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 14
PASSED, APPROVED AND ADOPTED this ninth day of January, 2023 by the following recorded vote:
AYES ~< ~,, ~_;; ~-
~
NOES:~
ABSENT:<t)
-------------------------~
ABSTAIN: -<e --------------------------
CHUCK M UEL, CHAIRMAN
City of Tulare Planning Commission
ATTEST:
MARIO ANA YA,SCRET ARY
City of Tulare Planning Commission
Resolution 5447
Variance No. 468
Tentative Parcel Map No. 2022-07 Page 15
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Final Map Conditional Acceptance – Willow Glen No. 6
RECOMMENDED ACTION
Conditionally approve the Final Map and subdivision improvement agreement for Phase 6 of Willow Glen subdivision for recordation, and accept all easements offered to the City.
SUMMARY
Planning Commission Resolution No. 5192 adopted on September 22, 2016 approved the tentative map for the Willow Glen subdivision located at the northwest corner of Mooney Boulevard (State Route 63) and Cartmill Avenue. The overall subdivision comprises approximately 134 acres. The proposed subdivision is being developed in phases.
Phase 6 of Willow Glen subdivision consists of 53 single-family residential lots, and one landscape and lighting district lot.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.
ALTERNATIVE ACTION
1. Approve with changes – Changes would result in delay to the project schedule due to the additional review time that would be needed by various City divisions, and could adversely impact the Developer’s project financing.
2. Deny – Construction of the proposed single-family residential construction project would not be permitted.
3. Table – The delay resulting from tabling this item could adversely impact the Developer’s project financing.
ATTACHMENTS
1. A copy of the Planning Commission Resolution No. 5192
2. Final map Willow Glen 6
Reviewed/Approved:
Item #: 14.7
Consent
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Grant of Easement and Certificate of Conveyance to SCE Along the South Side of Pacific Avenue West of Mooney Boulevard
RECOMMENDED ACTION
Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within Landscaping Outlots A & B of the Willow Glen No. 5 subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.
SUMMARY
As part of the subdivision improvements for Phase 5 of the Willow Glen subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivision’s Pacific Avenue frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level.
SCE is proposing to locate these structures and conduit within the Willow Glen subdivision’s landscape lots along the south side of Pacific Avenue. Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots that are not also designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure, and portions of that infrastructure are located outside of the City street right-of-way.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The submittal from SCE follows their standard format and has been accepted in prior SCE easement dedication requests made to the City.
ALTERNATIVE ACTION
1. Approve with changes – Changes made to the easement would require a new submittal from the applicant and review by staff. Changes would be brought to a later Council meeting for acceptance of Grant of Easement and Certificate of Conveyance.
2. Deny – Denial of the easement request would not allow SCE to construct, maintain and repair utilities located in these lots, and in turn would not allow the Developer to complete the Pacific Avenue frontage improvements that were required as a condition of approval for the Willow Glen subdivision.
3. Table – Tabling the SCE easement request would delay SCE’s ability to proceed with the relocation and undergrounding of their utilities, and would impact the Developer’s ability to complete Pacific Avenue frontage improvements in a timely manner.
Item #: 14.8
Consent
ATTACHMENTS
1. Willow Glen No. 5 final map
2. Draft Grant of Easement
3. Certificate of Conveyance
Reviewed/Approved:
OFFICE OF THE CITY CLERK
CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated March 21, 2023, from the City of Tulare, a Municipal Corporation of the State of California to Southern California Edison Company was duly conveyed by the City Council of the City of Tulare on March 21, 2023, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Grant of Easement.
CITY OF TULARE
By:
Marc Mondell, City Manager
ATTEST:
Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Grant of Easement and Certificate of Conveyance to SCE the West Side of Mooney Boulevard South of Pacific Avenue
RECOMMENDED ACTION
Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for the installation and maintenance of SCE utilities located within Landscaping Outlot K of the Kensington Estates No. 4 and Landscaping Outlot B of the Willow Glen No. 5 subdivisions, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.
SUMMARY
As part of the subdivision improvements for both Phase 4 of the Kensington Estates subdivision and Phase 5 of the Willow Glen (Cypress Park 2) subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivisions’ Mooney Boulevard frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level. SCE is proposing to locate these structures and conduit within the subdivisions’ landscape lots along the west side of Mooney Boulevard. Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots that are not also designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure, and portions of that infrastructure are located outside of the City street right-of-way.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The submittal from SCE follows their standard easement format and has been accepted in prior SCE easement dedication requests made to the City.
ALTERNATIVE ACTION
1. Approve with changes – Changes made to the easement would require a new submittal from the applicant and review by staff. Changes would be brought to a later Council meeting for acceptance of Grant of Easement and Certificate of Conveyance.
2. Deny – Denial of the easement request would not allow SCE to construct, maintain and repair utilities located in these lots, and in turn would not allow the Developer to complete the Mooney Boulevard frontage improvements that were required as a condition of approval for the Kensington Estates and Willow Glen subdivisions.
Item #: 14.9
Consent
3. Table – Tabling the SCE easement request would delay SCE’s ability to proceed with the relocation and undergrounding of their utilities, and would impact the Developer’s ability to complete Mooney Boulevard frontage improvements in a timely manner.
ATTACHMENTS
1. Willow Glen No. 5 final map
2. Kensington Estates No. 4 final map
3. Draft Grant of Easement
4. Certificate of Conveyance
Reviewed/Approved:
OFFICE OF THE CITY CLERK
CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated March 21, 2023, from the City of Tulare, a Municipal Corporation of the State of California to Southern California Edison Company was duly conveyed by the City Council of the City of Tulare on March 21, 2023, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Grant of Easement.
CITY OF TULARE
By:
Marc Mondell, City Manager
ATTEST:
Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Grant of Public Utility Easement from Ruiz Food Products, Inc. along International Agri-Center Way
RECOMMENDED ACTION
Accept a Grant of Easement for public utility purposes from Ruiz Food Products Inc., a California Corporation required for the construction of a new interchange on Highway 99 at International Agri-Center Way (formally Commercial Avenue), and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.
SUMMARY
The widening of International Agri-Center Way to four lanes between South “K” Street and Laspina Avenue will take place as part of the International Agri-Center Way Interchange Project on Highway 99. The widening requires the relocation of existing public utilities located along International Agri-Center Way between South “K” Street and Highway 99. The dedication and acceptance of the attached public utility easement allows for said utility relocation.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this item.
LEGAL REVIEW
Legal review was not applicable.
ALTERNATIVE ACTION
1. Approve with changes – Changes made to the easement would require that Caltrans, SCE, the Grantor, and the City negotiate a revised easement, potentially delaying construction of the International Agri-Center Interchange Project.
2. Deny – Denial of the proposed easement would jeopardize the ability to complete the International Agri-Center Interchange Project.
3. Table – Tabling the acceptance of the proposed easement may cause delay to the construction schedule for the International Agri-Center Project.
ATTACHMENTS
1. Grant of Easement
2. Certificate of Acceptance
Reviewed/Approved:
Item #: 14.10
Consent
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 October 4, 2022, from Ruiz Food Products, Inc., a California Corporation, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on March 21, 2023, 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
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Information Technology Services
Submitted by: Jason Bowling, Chief Technology Officer
Agenda Title: Purchase of 68 Ruggedized Laptops
RECOMMENDED ACTION
Approve the funding and purchase of 68 ruggedized laptops for the Police Department, Code Enforcement and Animal control from Dell Inc. using the NASPO contract for a total of $124,606.21.
SUMMARY
The City of Tulare uses ruggedized laptops in the field to run Computer Aided Dispatch (CAD) software. Laptops for Police Department, Code Enforcement and Animal Control are between 5 and 7 years old, and are at the end of their useful life and need to be replaced. The Tulare Police Department is currently in the process replacing the existing CAD system. The new rugged laptops will arrive and configured in time to be utilized by the new CAD system.
Dell hardware will be procured under the State of California NASPO (National Association of State Procurements Officials) ValuePoint Contract # MNWNC-108. This is a cooperative purchasing agreement that is available to cities, counties and special districts.
FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the rugged laptops will come from Fund 623 Equipment Replacement – Police Computers.
LEGAL REVIEW
This item does not require review by the City Attorney’s Office.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Dell Quote # 3000146775469.2
Reviewed/Approved:
Item #: 14.11
Consent
A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000146775469.2
Total $124,606.21
Customer # 5487355
Quoted On Mar. 13, 2023
Expires by Apr. 12, 2023
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108 / 7157034003
Deal ID 23881187
Sales Rep VALERIE ALLEN
Phone (800) 456-3355, 18009993355
Email [email protected]
Billing To ACCOUNTS PAYABLE
CITY OF TULARE
411 E KERN AVE
STE F
TULARE, CA 93274-4257
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, VALERIE ALLEN
Shipping Group
Shipping To
RON DAVIS
CITY OF TULARE
260 S M ST
TULARE, CA 93274-4127
(559) 685-2300
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Latitude 5430 Rugged $1,699.01 68 $115,532.68
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$115,532.68
$0.00
$272.00
$9,119.48
$106,685.20
$8,801.53
$124,606.21
Shipping Group Details
Shipping To
RON DAVIS
CITY OF TULARE
260 S M ST
TULARE, CA 93274-4127
(559) 685-2300
Shipping Method
Standard Delivery
Quantity Subtotal
Dell Latitude 5430 Rugged
Estimated delivery if purchased today:
Apr. 18, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7157034003
$1,699.01 68 $115,532.68
Description SKU Unit Price Quantity Subtotal
Dell Latitude 5430 Rugged 210-BCFW - 68 -
Intel Core Processor i5-1135G7, (QC, 2.4 to 3.8 GHz, 28W, non-vPro) 379-BERT - 68 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 68 -
No Microsoft Office License Included 658-BCSB - 68 -
Intel® Core™ non-vPro i5-1135G7 with Iris Xe Graphics 338-CCRK - 68 - ME Lockout MOD - Manageability 631-ADED - 68 - 16GB, 2x8GB, 3200 MHz DDR4 Non-ECC 370-AGTH - 68 -
256GB M.2 PCIe NVMe Class 35 Solid State Drive 400-BMSB - 68 - 14" Non-touch 400 nits WVA FHD (1920 x 1080) 100% sRGB Anti- Glare 391-BGGF
- 68 -
English US RGB Backlit Sealed Internal keyboard 583-BILF - 68 - Intel AX210 WLAN Driver 555-BHCC - 68 -
Intel AX210 Wireless Card with Bluetooth 555-BHCH - 68 - 5G - Qualcomm® Snapdragon™ X55 Global 5G (DW5930e), w/o eSIM, Verizon, no NMEA GPS port 556-BCYL
- 68 -
Primary 3 Cell 53.5 Whr Long-lifecycle battery 451-BCYL - 68 - 65W Type-C EPEAT Adapter 492-BCXP - 68 - No Fingerprint, no Smartcard reader 346-BHQK - 68 - E4 Power Cord 1M for US 537-BBBL - 68 - Setup and Features Guide 340-CXCE - 68 - Dummy Airbay Cover 325-BEIV - 68 - ENERGY STAR Qualified 387-BBPC - 68 - Custom Configuration 817-BBBB - 68 - Dell Applications for Windows 10 658-BFIO - 68 - Mix Ship, Notebook, 5430 Rugged 340-CYJC - 68 - Microphone + RGB HD camera; Non-touch; WLAN/WWAN antennae; Pogo vehicle docking and RF passthrough
319-BBHS
- 68 -
EPEAT 2018 Registered (Silver) 379-BDTO - 68 - No Option Included 340-ACQQ - 68 - Additional USB-A rear port 590-TFHR - 68 -
Additional TBT/Type-C port 325-BEJZ - 68 - Rigid handle 750-ADPK - 68 - ProSupport: Next Business Day Onsite, 3 Years 808-6784 - 68 - Dell Limited Hardware Warranty Initial Year 808-6805 - 68 - ProSupport: 7X24 Technical Support, 3 Years 808-6809 - 68 - Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport 989-3449
- 68 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$115,532.68
$0.00
$272.00
$8,801.53
$124,606.21
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request. ^DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc.
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Community Services
Submitted by: Jason Glick Community Services Director
Agenda Title: Tulare Dog Park Naming Recommendation
RECOMMENDED ACTION
Accept the Tulare Parks and Recreation Commission recommendation to name the future Dog Park “K9 Bane Park” and to have a memorial bench to honor “Jennifer McCown” at the future Dog Park site located at 400 Block of N Street.
SUMMARY
At the November 21, 2022, City Council meeting, Council approved the recommendation of the Tulare Parks and Recreation Commission and authorized the allocation of $466,000 in Regional Park Development Impact Fee funds to design and construct a Dog Park, to be located at the 400 Block of N Street.
At the December 20, 2022, City Council meeting, Councilman Harrell requested the new Dog Park be named Bane Park after the canine that was killed in the line of duty on December 9, 2018. City Council subsequently directed staff to return to the Council with an outline of the appropriate procedure for naming a City Park.
Staff has found that the City of Tulare has no formal written policy for naming a City Park. In the absence of a formal policy, staff reviewed the process used to name the last City Park, which was the re-naming of Sayre Park on May 5, 2009.
At the January 17, 2023, City Council meeting, Council approved for the suggested name of the new Dog Park to the Tulare Parks and Recreation Commission for review and recommendation.
At the Wednesday March 1, 2023, Tulare Parks and Recreation meeting, the Commission reviewed and recommended that the Tulare City Council name the future Dog Park site “K9 Bane Park”, in honor of Police dog Bane, who was killed in the line of duty December 9, 2018.
In addition, the Tulare Parks and Recreation Commission has recommended to the Tulare City Council to have a memorial bench to honor “Jennifer McCown” at the future Dog Park site located at 400 Block of N Street in honor of the many contributions she made to the provision of animal services in the City of Tulare.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this item.
LEGAL REVIEW
This item does not require legal review.
Item #: 14.12
Consent
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
None
Reviewed/Approved:
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Change in 2023 Ford Interceptor Vehicle Order
RECOMMENDED ACTION
Approve changing the five (5) on-order new 2023 Ford Police Interceptor Utility vehicles from hybrid engines to regular engines and re-allocating those vehicles to the Police Department.
SUMMARY
In September 2022, the City Council approved the purchase of five (5) new/unused 2023 Ford Police Interceptor Utility hybrid vehicles. The vehicles were to be partially funded by a grant from the San Joaquin Valley Air Pollution Control District for the purchase of new alternative fuel vehicles. The vehicles were allocated to go to the following departments: Police (1), Code Enforcement (2), Safety/Facilities (1), and Fire (1).
On March 6, the Fleet Superintendent received an email from the National Auto Fleet Group (NAFG) informing us that there was a shortage of hybrid engines, and if we kept that order, we would run the risk of not getting our order. Staff reached out to NAFG directly and they confirmed that we would more than likely not receive the units this year, but could possibly have our order filled next year as 2024 vehicles. Due to the deadline with the grant funding, it was determined that waiting for the units with hybrid engines would not be feasible. NAFG gave two other options: change to a regular engine or an EcoBoost engine.
Since we have had these units on order since September and it has become increasingly more difficult to purchase new vehicles, staff is recommending to switch the vehicles to regular engines and re-specify to purchase as regular Ford Police Interceptors. The Police Department has already put in a request for the FY 2023/24 budget year for four (4) replacement Police Interceptors. Switching these vehicles from the hybrid engines to regular engines would meet the Police Departments needs both in vehicle specifications and the request for replacement units.
FISCAL IMPACT & FUNDING SOURCE(S)
The total cost for each unit will be $53,230.95, an increase of $2,240.24 for each unit to outfit as patrol vehicles instead of the original hybrid units. The Police Department has the funding in their Equipment Replacement Fund. These vehicles will satisfy the FY 2023/24 budget request for replacement units.
LEGAL REVIEW
This item did not require legal review.
Item #: 14.13
Consent
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
If this request is denied, staff will cancel the order of the five (5) 2023 Ford Inceptor Hybrids.
ATTACHMENTS
1. National Auto Fleet Group Quote for the replacement units Reviewed/Approved:
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Proclaim the Existence of a Local Emergency
RECOMMENDED ACTION
Adopt a resolution proclaiming the existence of a local emergency and ratifying the Director of Emergency Services’ declaration of local emergency.
SUMMARY
On March 14, 2023, the Fire Chief as the Director of Emergency Services’ for the City of Tulare declared a local emergency due to the significant weather activity to include rain, wind, and flooding in the City. As the City of Tulare Fire Department has mutual-aid agreements with many fire departments in the area, those fire departments are task saturated with their own emergency response issues due to the storm activity. The City of Tulare Fire Department mutual-aid request in the event of an incident will likely not be supported at this time.
The City of Tulare Fire Department will increase staffing levels to support an extra fire engine and patrol unit. The increased staffing for the next three days provides a lower level of risk if a weather driven or large emergency arises. Additionally, our local ambulance provider is supporting the response in the county, which will cause the City of Tulare Fire Department to be on scene of medical calls for an extended period of time, thus the staffing increase to support that mission.
Finally, City of Tulare Fire Department and City Staff will work with the Federal Emergency Management Agency (FEMA) to seek reimbursement of staffing cost associated with the declaration and response.
FISCAL IMPACT & FUNDING SOURCE(S)
The fiscal impact for upstaffing of fire personnel for the three days is approximately $20,000 and will come from account 001-4230-1032 Overtime-Strike Team.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution
Reviewed/Approved:
Item #: 14.14
Consent
RESOLUTION 2023-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE DIRECTOR OF EMERGENCY SERVICES’ DECLARATION OF LOCAL EMERGENCY WHEREAS, pursuant to California Government Code, a special meeting of the City Council of the City of Tulare was properly noticed and convened; and WHEREAS, California Government Code Section 8630 empowers the City Council to proclaim the existence or threatened existence of a Local Emergency when City is affected or likely to be affected by a public calamity; and WHEREAS, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations to provide for the protection of life and property; and
WHEREAS, pursuant to Chapter 3.20 of the City of Tulare Municipal Code, the Director of Emergency Services has declared the existence of a local emergency and requests the City Council ratify and proclaim the same; and WHEREAS, the City Council does hereby find that conditions of extreme peril and a crippling disaster which severely impairs the safety of persons or property have arisen within the City cause by extreme atmospheric river, heavy winds, and heavy rainfall; and
WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The City Council of the City of Tulare hereby proclaims the existence of a local emergency in the City of Tulare pursuant to California Government Code Section 8630 and all other applicable law.
Section 2. The Proclamation of the Existence of a Local Emergency made on March 14, 2023, by the Director of Emergency Services and attached hereto as Exhibit A is hereby ratified.
Section 3. During the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services shall be those prescribed by law, by the existing ordinances and resolutions of the City of Tulare, this resolution and any subsequent emergency orders of the City Council, and any other local, state or federal laws providing powers, immunities or duties in such emergency.
Section 4. During the existence of said local emergency, City shall follow and impose all directives, mandates, Executive Orders and any other emergency related Resolution 2023-XX
restrictions issued by the State of California and/or the County of Tulare, including social distancing and other preventative measures. The Director of Emergency Services may impose more stringent requirements consistent with law.
Section 5. To the extent permitted by law, City goods and services procurement requirements are stayed during this local emergency, as necessary to procure and respond to the local emergency, and the Director of Emergency Services is empowered to exercise all powers granted by any local, state, or federal emergency laws, rules and regulations, and such procurements made by the Director of Emergency Services are hereby ratified; further the Director of Emergency Services is authorized to appropriate and expend any City funds deemed necessary by the DDS in writing, including unappropriated City reserve funds, to exercise any of said emergency powers or procurement powers, and to transfer such funds to corresponding City budget line items or categories.
Section 6. To the extent permitted by law, this declaration of a local emergency is intended to satisfy any local, state or federal law or regulation requiring such a declaration as a prerequisite or requirement for mutual assistance, reimbursement or other cooperation with any other local, state or federal entity. This declaration of local emergency also hereby activates any and all existing City emergency plans, and authorizes the Director of Emergency Services to amend such plans in writing as necessary.
Section 7. The Director of Emergency Services, if delegated by the City Council, may promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries when necessary to preserve the public order and safety, per Government Code Section 8634.
Section 8. This local emergency shall continue until it is terminated by proclamation of the City Council. Pursuant to Section 8630 of the Government Code, the City Council shall proclaim the termination of a local emergency at the earliest possible date that conditions warrant. The need for continuing this local emergency shall be reviewed every sixty days by the City Council.
Section 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED on this 21st day of March, 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: First Reading of Ordinance to Amend Chapter 9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code.
RECOMMENDED ACTION
Pass-to-print an ordinance amending existing Chapter 9.64.010 (Transportation Demand Management Plan – Plan adopted) of the Tulare Municipal Code.
SUMMARY
Review of Chapter 9.64, “Transportation Demand Management Plan” of the Tulare Municipal Code identified a reference to Rule 9001 adopted by the San Joaquin Valley Unified Air Pollution Control District (District), which has since been repealed and replaced with Rule 9410. Local government agencies within the District were required to adopt Rule 9001 as part of their Transportation Demand Management Plan to demonstrate conformity with the District’s air quality implementation plan. The purpose of both the original Rule 9001 and revised Rule 9410 was to establish the means by which air quality impacts associated with employment centers are analyzed and evaluated. The Rules define various mitigation measures that can be utilized by employers to claim reductions in the estimated trips generated by their business, thereby demonstrating reduced impacts of their operations to the region’s air quality.
The proposed ordinance will correct Chapter 9.64.010 to reference Rule 9410 of the San Joaquin Valley Unified Air Pollution Control District, which is the appropriate, revised Rule addressing trip reduction measures for employment centers.
FISCAL IMPACT & FUNDING SOURCE(S)
No fiscal impacts.
LEGAL REVIEW
None required at this time.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work with the City Attorney to revise the Ordinance to incorporate any changes requested by City Council.
2. Deny – No further action would be taken by staff. The San Joaquin Valley Unified Air Pollution Control District could determine that the outdated reference to Rule 9001 in the City’s Municipal Code results in the City being out of conformance with the District’s air quality implementation plan, which could ultimately impact the City’s ability to obtain transportation funding.
3. Table – Staff would await further direction from City Council.
Item #: 15.1
Public Hearing
ATTACHMENTS
1. Ordinance
Reviewed/Approved:
ORDINANCE 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING SECTION 9.64.010 OF CHAPTER 9.64 OF THE
TULARE MUNICIPAL CODE PERTAINING TO THE CITY OF TULARE
TRANSPORTATION DEMAND MANAGEMENT PLAN
WHEREAS, it has been determined Section 9.64.010 of the Tulare Municipal Code references Rule 9001 of the San Joaquin Valley Unified Air Pollution Control District (“DISTRICT”) relating to transportation demand management, which has since been repealed and replaced by the DISTRICT with Rule 9410; and WHEREAS, it is desired to amend said section of the Tulare Municipal Code to provide reference to Rule 9410 of the DISTRICT, which is the current and valid reference.; and
NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:
SECTION 1. Section 9.64.010 of the Tulare Municipal Code of Ordinances is hereby amended and replaced as follows:
§ 9.64.010 Plan adopted.
The City of Tulare hereby adopts Rule 9001 of the San Joaquin Valley Unified Air Pollution Control District, as administered by, and as amended from time to time by, the District, as the Transportation Demand Management Plan within the city. § 9.64.010 Plan adopted.
The City of Tulare hereby adopts Rule 9410 of the San Joaquin Valley Unified Air Pollution Control District, as administered by, and as amended from time to time by, the District, as the Transportation Demand Management Plan within the city.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 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 2023-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the XX day of XXXX, 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa, Safety, Compliance, & Facilities Officer Agenda Title: City Surplus Properties
RECOMMENDED ACTION
Authorize the appraisal and sale of City surplus properties.
SUMMARY
The office of Safety, Compliance and Facilities identified nine properties which are surplus to city operations. Some of the properties still costing the City money to maintain on monthly basis (i.e. electrical, gas, security alarm, water, weed control and clean up fees, vandalism repairs), please see attached spreadsheet for explanation and special provisions. After the Council approval properties will be appraised by an approved company and will be offered to public agencies in accordance with State Government Code and if no agencies are interested in any of the properties they will be offered publicly.
Property #1 *113 N. F Street APN 175-133-007 13,963.91 SQ/F Old Library Property #2 *325 N. West St APN 168-470-011 29,102.70 SQ/F Old TRMC Clinic Property #3 Beaumont / I street APN 169-161-001 12,443.31 SQ/F Property #4 Cross / I street APN 169-140-011 42417.87 SQ/F Property #5 1800 blk North Gem St APN 166-062-033 636.21 SQ/F Old Well / Pump Station Property #6 130 N H Street APN 175-164-014 478.94 SQ/F Old Well/Pump Station Property #7 668 Goodin Rd APN 191-020-006 7,963.91 SQ/F Corporation yard extension Property #8 680 Goodin Rd APN 191-020-007 7,963.91 SQ/F Corporation yard extension Property #9 706 Goodin Rd APN 191-020-009 7,963.91 SQ/F Corporation yard extension *Special provisions:
• Property # 1 recommend to sell, but allow 12 months to work with the community to fund relocation of the Women’s Clubhouse to this site and total cost of repairs; seek demolition quotes; will need an operational plan and pro forma and design; staff will be available through the City Manager for technical review; after 12 months, if no project, surplus and sale of property will take place.
• Property # 2 recommend to sell, but allow 12 months to work with community to determine if there are groups willing to fund and operate garden; will need an operational plan and pro forma and design; staff will be available through the City Manager for technical review; after 12 months, if no project, surplus and sale of property will take place.
Item #: 16.1
General Business
Empty properties not for surplus / future projects:
Property # 1 SB 99 on ramp /Cartmill APN 166-240-012
Property # 2 On & Off ramp 99 NB / Cartmill APN 166-240-011 Property # 3 Roadway across from NB Rd 100 APN 166-240-014 Property # 4 Behind J.D Haskell APN 166-230-008
Property # 5 Future Fire Station - Moony/Cross APN 171--280-038 Property # 6 Future Dog park N street / O street APN 170-232-016 Property # 7 Future Dog park N street / O street APN 170-232-017 Property # 8 Location for new well site K/Beardsley APN 181-020-046 Property # 9 Possible ponding basin APN 168-490-068
Property #10 City of Tulare sign / 99 APN 191-250-018
Property #11 Future interchange - International Ag Way APN 191-350-011 Property #12 Future interchange - International Ag Way APN 191-350-010 Property #13 Large ponding Basin APN 191-250-013
FISCAL IMPACT & FUNDING SOURCE(S)
Appraisal fees and advertising will come from property services.
LEGAL REVIEW
This item will require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Maps
Reviewed/Approved:
Surplus Properties
Office of Safety, Compliance and Facilities
March 21, 2023
PROPERTY # 1 113 N. F STREET APN
175-133-007 (SUBDIVIDED) (13,963.91 SQUARE FEET APROX.) PROPERTY # 2 325 N. WEST ST APN 305-160-073 168-470-011 (29,102.70 SQUARE FEET APROX.)
PROPERTY # 3 BEAUMONT AVE / I STREET APN 169-161-001
(12,443.31 SQUARE FEET APROX.)
PROPERTY # 4 CROSS / I STREET APN 169-140-011
(42,417.87 SQUARE FEET APROX)
PROPERTY # 5 1800 BLK NORTH GEM ST APN 166-062-033
(636.21 SQUARE FEET APROX.)
PROPERTY # 6 130 N H STREET APN 175-164-014
(478.94 SQUARE FEET APROX.)
PROPERTY # 7 668 GOODIN RD APN 191-020-006
(7,963.91 SQUARE FEET APROX.)
PROPERTY # 8 680 GOODIN RD APN 191-020-007
(7,963.91 SQUARE FEET APROX.)
PROPERTY # 9 706 GOODIN RD APN
(7,963.91 SQUARE FEET APROX.)
Staff Report
Meeting: City Council
Date: March 21, 2023
Department: City Attorney
Submitted by: Mario Zamora
Agenda Title: Ordinance to Amend Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code.
RECOMMENDED ACTION
Pass-to-print an ordinance amending Chapter 7.52 (Regulation of Squatter Camps) of the Tulare Municipal Code.
SUMMARY
The City has recently experienced an increase in injuries and death related to camping in the right of way of the railroad tracks. Staff views this as a health and safety issue and wishes to include provisions clearly restricting such camping and authorizing the City Manager to enforce the provisions.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this item.
LEGAL REVIEW
The City Attorney has reviewed and drafted the attached ordinance.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Ordinance
Reviewed/Approved:
Item #: 16.2
General Business
ORDINANCE 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING SECTIONS 7.52.020, 7.52.040 AND 7.52.060 CHAPTER 52 OF TITLE 7
OF THE CITY OF TULARE MUNICIPAL CODE
WHEREAS, the City Council of the City of Tulare, a Charter city under California law, finds the need to revise Sections 7.52.020, 7.52.040 and 7.52.060 Chapter 52 of Title 7 of the City of Tulare Municipal Code related to rules and regulations for City of Tulare parks; and
WHEREAS, the purpose of the revisions of this Ordinance is to add restrictions on camping in the right of way for railroads and change the authority for enforcement.
NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:
SECTION 1. Sections 7.52.020, 7.52.040 and 7.52.060 of Chapter 52 of Title 7 of the City of Tulare Municipal Code is hereby amended as follows:
§ 7.52.020 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall be defined as follows.
CITY MANAGERHEALTH OFFICER. The Health Officer City Manager of the city and his or her duly authorized representatives and deputies.
SQUATTER. One who settles or locates on land enclosed or unenclosed with no bona fide claim or color of title or without the express consent of the owner or person legally in charge of the land.
SQUATTER CAMP. An area or parcel of land upon which any person has settled or located, or which he or she occupies, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and which is occupied or inhabited in violation of § 103 of the California Building Code or Chapter 10 of the Uniform Housing Code as adopted by the City of Tulare. It includes any tent camp space, house court and every other kind of camp, tent, shelter, structure or collection of tents, shelters or structures of any kind established, constructed, maintained or operated thereon. § 7.52.040 Enforcement.
It shall be the duty of the City Manager Chief of Police or Health Officer to enforce the provisions of this chapter.
ORDINANCE 2023-XX
§ 7.52.060 Procedure for abatement of nuisance.
The Health Officer City Manager is hereby authorized to abate such a nuisance under the following alternative and supplemental procedure:
(A) The Health Officer City Manager may serve notice upon the owner or person in charge of the property upon which the squatter camp is located. The notice shall be in writing and must be signed by the Health Officer City Manager, must be served upon the owner or the person in charge of the property upon which the squatter camp is located according to the provisions of Cal. Code of Civil Procedure § 1162. The notice shall require that the squatter camp be completely abandoned, abated, closed and vacated and demolished within three days from the date of service of notice upon the owner or operator or person in charge thereof. Failure or refusal on the part of any such owner or person in charge of the squatter camp to abate, vacate and close it in compliance with the written notice shall constitute a violation of this chapter. (B) Upon the failure or refusal on the part of the owner or person in charge of the land upon which the squatter camp is located to act within 14 days, the Health Officer City Manager may post notices notifying all persons that the squatter camp is condemned as a public nuisance and that all persons shall immediately vacate the premises upon which the squatter camp space is located. Any person who shall thereafter enter in or upon or make any use of the squatter camp shall be guilty of a violation of this chapter.
(C)In case the Health Officer City Manager is unable to ascertain or find the owner of the land upon which any squatter camp is located, or where no person is in charge of the same, or where the owner of the land refuses to act, as an alternative procedure, the Health Officer City Manager may notify all squatters within the squatter camp that the same has been condemned and to remove therefrom immediately. In addition to the oral notification, the Health Officer City Manager shall post a written notice in a conspicuous place, within the squatter camp, notifying all squatters to forthwith and immediately remove there from and vacate the squatter camp. Failure or refusal of any person to comply with the notice shall be a violation of this chapter. (D)Notwithstanding the notice provisions herein, and in addition to any other remedy available, in order to prevent loss of life or serious injury in the case of a person or persons squatting within the right of way of any existing railroad track, violators of this section shall be immediately removed and relocated from the right of way. The City Manager is authorized to develop any regulations to address the storage and/or disposal of property remaining in the railroad right of way, whether abandoned or not.
SECTION 2. If any provision of the Tulare Municipal Code or Title of the Ordinance Code of the City of Tulare, whether approved or adopted prior to or subsequent to Sections 7.52.020, 7.52.040 and 7.52.060 are in conflict therewith, these provisions of Sections 7.52.020, 7.52.040 and 7.52.060 shall govern.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ORDINANCE 2023-XX
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the XX day of XXXX, 2022.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk