Agenda packet — Tulare City Council, December 5, 2023

City of Tulare Page 1
City of Tulare
City Council
Notice and Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, December 5, 2023
6:15 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 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 disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
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 December 5, 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 per item.

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

5. CALL TO ORDER REGULAR MEETING

6. PLEDGE OF ALLEGIANCE AND INVOCATION - Joshua Mateine, Pastor of Unchained Church, to deliver invocation.

7. 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.

8. 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 meeting.

9. COUNCIL REPORTS AND ITEMS OF INTEREST

10. 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.

10.1 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.

10.2 Special and/or Regular Meeting Minutes of November 21, 2023.

Recommended Action: Approve as submitted. [M. Hermann]
6:15 p.m. – SPECIAL MEETING
City Council Agenda – Special and Regular Meetings December 5, 2023 City of Tulare Page 3

10.3 Receipt of County of Tulare American Rescue Plan Act Allocation.

10.4 Airport Rental Rate Changes.

Recommended Action: Authorize changes in the Airport T-Hangar, Port-a-Hangar, Extended Hangar, and Business Hangar rental rates. [M. Correa]

10.5 Mooney Boulevard Street Right-of-Way and Public Utility Easement.

Recommended Action: Accept a Grant Deed for dedication of street right of way and public utility purposes, and a Grant of Easement for public utilities purposes from Gussan Shedid, Trustee of the Gussan Shedid Trust of 2018, as to an undivided

10.6 Panda Express Notice of Completion.

10.7 Magic Wave Car Wash, LLC. Development Impact Fee Deferral Request.

10.8 Oakcrest Subdivision Phase 1 Notice of Completion.

10.9 Right of Way Dedication and Public Utility Easement Dedication for Industrial Avenue and Industrial Place (SP22-013).

Recommended Action: Accept a public utility easement and grant deed associated with the Industrial Avenue Shell Buildings development project (Site Plan Review No.

SP22-013) and authorize the City Manager or his designee to sign Certificates of Acceptance for same. [M. Miller]
City Council Agenda – Special and Regular Meetings December 5, 2023 City of Tulare Page 4

11. 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.

11.1 Chandler Grove Master Plan and Annexation Project.

12. 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.

12.1 Conditional Acceptance of Revised Tentative Parcel Map No. 2022-06 for the Fulton Estates Development.

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

AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

13.1 Annual ROPS and Administrative Budget.

Recommended Action: Adopt a resolution approving and adopting the recognized obligation payment schedule for the July 1, 2024 through June 30, 2025 period and the Fiscal Year 2024-25 Administrative Budget. [M. Gaboardi]

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

THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY

COUNCIL

15. FUTURE AGENDA ITEMS

15.1 Formation of Historic Preservation Committee.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]
City Council Agenda – Special and Regular Meetings December 5, 2023 City of Tulare Page 5

16. STAFF UPDATES

17. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 19, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this notice and agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Wednesday, November 29, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: December 5, 2023 Agenda Memo
Date: November 29, 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. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public. 6:15 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 per item.

3. BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS - Review applications, interview applicants, and appoint members to City boards, commissions, and committees to serve from January 1, 2024 through December 31, 2028. [M. Hermann] Summary: The City has eight boards, commissions, and committees with members appointed by City Council. Below is a list of seats with terms expiring on December 31, 2023.

Staff has also included a summary of each appointment process.

Aviation Committee
The Aviation Committee is a five-member committee established by the City Council pursuant to Minute Action on July 6, 1971, and is responsible for making recommendations to the Council and staff in all areas related to City airport use, improvements, and development. The membership is made up of the following: one Planning Commissioner (appointed by the Planning Commission), one airport lease holder, and three additional members. All members, with the exception of the Planning Commissioner, are appointed by the mayor and confirmed by the majority of the Council. There are three seats with terms expiring on December 31. Of the three, Cris Colson and Robert Smith have applied to be considered for reappointment.

Name Appointed By Type Initial
Appointment
Most Recent
Appointment
Application
Received
Cris Colson Mayor General 3/1/2022 3/1/2022 Yes
Robert Smith Mayor General 12/1/2015 1/7/2020 Yes
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Agenda Memo - December 5, 2023
Ryan Wilson Mayor General 1/7/2020 1/7/2020 No
Board of Public Utilities
The Board of Public Utilities Commissioners (BPU) is a five-member board established by the City Charter and is charged with the responsibility of regulating and managing the utility divisions of the City which includes Solid Waste, Water, Sewer, and Wastewater. Pursuant to Section 52 of the City Charter, all members are appointed by the mayor and confirmed by the City Council. There are three seats with terms expiring on December 31. Of the three, Renee Soto and Tony Sozinho have applied to be considered for reappointment. Tom Griesbach advised staff he is not seeking reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Renee Soto Mayor 6/18/2019 6/18/2019 Yes
Thomas Griesbach Mayor 4/18/2017 10/22/2019 No
Tony Sozinho Mayor 1/19/2021 1/19/2021 Yes
Committee on Aging
The Committee on Aging is a five-member committee established by the City Council in 1972 and is responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. There are two seats with terms expiring on December 31. Both Pam Malloy and Ralph Cantu have applied to be considered for reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Pam Malloy Council Seat 1 11/5/2019 11/5/2019 Yes
Ralph Cantu Council Seat 2 10/4/2022 10/4/2022 Yes
Measure I Citizen Oversight Committee
The Measure I Citizen Oversight Committee is a five-member committee established pursuant to ballot language (Resolution 05-5261) and by guidelines approved on May 16, 2017. The Committee meets twice annually, once to be briefed on the annual budget (midyear) and again to review the Annual Audit Report, specific to Measure I. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. There are two seats with terms expiring on December 31. Neither member has applied to be considered for reappointment. Staff reached out to the members via email and telephone multiple times with no response. The one meeting held in September was attended by all members except for the two members whose seats are up for appointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Dawn “Michelle” Rowsey Council Seat 2 11/5/2019 11/5/2019 No Crystal Boling Council Seat 4 2/15/2022 2/15/2022 No
Tulare City Council Page 3
Agenda Memo - December 5, 2023
Parks and Recreation Commission
The Parks and Recreation Commission is a seven-member commission established by City Ordinance and acts on matters of recreational importance to all segments of the community, including recreational programs, facilities, and park development. The Commission also advises staff and Council on street trees to be removed or planted, standards for landscape enhancement, and tree preservation policy. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. The two remaining members are appointed at large by the City Council as a whole.

There are four seats with terms expiring on December 31. Applications were received from all four members expressing interest in continuing to serve on the Commission.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Lori Fishbough Council Seat 1 12/1/2015 12/17/2019 Yes
W. Eric Farrenkopf Council Seat 2 12/1/2015 12/17/2019 Yes Nicholas Sherwood Council Seat 3 12/1/2015 12/17/2019 Yes Armando Da Silva Council Seat 4 12/1/2015 12/17/2019 Yes Planning Commission
The Parks and Recreation Commission is a seven-member commission established by City Ordinance and acts on matters of recreational importance to all segments of the community, including recreational programs, facilities, and park development. The Commission also advises staff and Council on street trees to be removed or planted, standards for landscape enhancement, and tree preservation policy. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. The two remaining members are appointed at large by the City Council as a whole.

There are four seats with terms expiring on December 31. Applications were received from Charles Miguel and Sandra Miller expressing interest in continuing to serve on the Commission. Chad Petersen advised he is not seeking reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Chad Petersen Council Seat 2 1/11/2022 1/11/2022 No
Sandra Miller Council Seat 4 12/1/2015 12/17/2019 Yes
Charles Miguel Council Seat 5 12/1/2015 12/17/2019 Yes
All applications received from those interested in serving who confirmed they would still like to be considered are attached for Council review and consideration. All applicants live within the city limits. Applicants have been invited to the meeting to answer any questions the Council may have. Council may elect to make appointments at this meeting for terms that would be effective beginning January 1, 2024, or defer appointment at a future date understanding issues with quorums may arise at future meetings if appointment does not occur prior to December 31, 2023.

4. ADJOURN SPECIAL MEETING
Tulare City Council Page 4
Agenda Memo - December 5, 2023
7:00 p.m. - REGULAR MEETING

5. CALL TO ORDER REGULAR MEETING

6. PLEDGE OF ALLEGIANCE AND INVOCATION - Joshua Mateine, Pastor of Unchained Church, to deliver invocation.

8. 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. [Time Estimate: 7:20- 7:20 p.m.]

9. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20-7:25 p.m.]

10.1 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.

10.2 Special and/or Regular Meeting Minutes of November 21, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

10.3 Receipt of County of Tulare American Rescue Plan Act Allocation.

Recommended Action: Approve receipt of $500,000 in County of Tulare American Rescue Plan Act (ARPA) funds for acquisition of materials (mattresses, cubicles, tables, chairs, etc.) associated with the construction of the Tulare Emergency Shelter and direct the City Manager or designee to execute the associated County of Tulare Health & Human Services Agency Services Agreement. [J. McDonnell] Summary: The City of Tulare is currently in the design phase and will soon begin construction of a new 200+ bed permanent emergency shelter. Located on County of Tulare property near the northwest corner of East O’Neal Avenue and South O Street, Tulare City Council Page 5
Agenda Memo - December 5, 2023
the facility will operate on a 24-hour 365-day per year basis under contract with a nonprofit and will accept all homeless individuals and families.

The County of Tulare has partnered with the City of Tulare to make the proposed facility a reality, both by making the land available for the physical location of the shelter, as well as offering a $500,000 contribution from the County’s ARPA allocation to defray costs associated with fitting out the future shelter facility, including the purchase of items such as mattresses, cubicles, tables, chairs, and other items necessary in a shelter setting.

The County of Tulare Health & Human Services Agency Services Agreement is included as Attachment 1 to this staff report. Items to be purchased with the County’s $500,000 contribution are identified in Exhibit B of Attachment 1.

Fiscal Impact & Funding Source(s): Approval of the agreement will result in the City receiving an additional $500,000 from the County of Tulare to assist in the acquisition of specified items as part of the construction of the Tulare Emergency Shelter.

Legal Review: Not applicable.

Alternative Action: 1) Approve with changes – Direct staff to discuss alternatives for expenditure of the contribution; however, the materials identified in Exhibit B have been pre-approved by the County; 2) Deny – Do not move forward with accepting the $500,000 County allocation; or 3) Table – Direct staff to research additional material associated with emergency shelter materials and return with the results.

10.4 Airport Rental Rate Changes.

Recommended Action: Authorize changes in the Airport T-Hangar, Port-a-Hangar, Extended Hangar, and Business Hangar rental rates. [M. Correa] Summary: At the August 28, 2023 Aviation Committee meeting, the Committee reviewed current rates and leases for Hangar, Port-a-Hangar, Extended Hangar, and Business Hangar rentals and proposed new rates based upon market data at "like" airports. Based upon the data, the Committee voted to adopt the new rates and recommend to Council that rates be increased as follows:

CURRENT RATE FUTURE RATE
Ten Port-a-Hangars @ $125/month Ten Port-a-Hangars @ $170/month 19 T-Hangars @ $150/month 19 T-Hangars @ $200/month
Two Extended Hangars @ $160/month Two Extended Hangars @ $215/month
Business Hangars CPI or 10% whichever is lower when
term expires
If the rate increase is authorized, all renters would be notified in writing and rates would go into effect on January 1, 2024. In addition, staff has been working on standardized contracts for the rentals and will be signed after rate approval.

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Agenda Memo - December 5, 2023
Fiscal Impact & Funding Source(s): No fiscal impact.

Legal Review: City attorney reviewed the contract, no changes were needed.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

10.5 Mooney Boulevard Street Right-of-Way and Public Utility Easement.

33.334% interest; Joseph Feghali, a Married Man, as to an undivided 33.333% interest and Maroun Feghali, a Married Man, as to an undivided 33.333% interest, for street dedication and public utilities located along the frontage of Mooney Boulevard; and authorize the City Manager or his designee to sign the Certificates of Acceptance for the same. [M. Miller]
Summary: In accordance with Site Plan Review No. SP20-38, Gussan Shedid is constructing a Little Caesars restaurant located on property fronting Mooney Boulevard approximately 550 feet north of its intersection with Bardsley Avenue (APN 172-150-021). Dedication of additional street right-of-way and a public utility easement were required along the project’s Mooney Boulevard frontage as conditions of project approval. A Grant Deed for the street right-of-way dedication and a Grant of Easement for the public utility easement have been executed by the owner and await recordation pending Council approval. Certificates of Acceptance signed by the City Manager will need to be recorded along with the Grant Deed and Grant of Easement.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The standard format of Grant Deeds, Grants of Easement, and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Portion of the project’s Mooney Boulevard frontage would remain under ownership of the developer, and a certificate of occupancy would not be issued for the Little Caesars project; or 3) Table - A certificate of occupancy would not be issued for the Little Caesars project.

10.6 Panda Express Notice of Completion.

Recommended Action: Accept as complete the required public works improvements for Panda Express, a commercial development located at the northeast corner of Bardsley Avenue and Blackstone Street; authorize the City Engineer to sign a Notice of Completion (NOC); and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]
Summary: CFT NV Developments, LLC, a Nevada limited liability company, is constructing a Panda Express restaurant as part of a commercial development located on the northeast corner of Bardsley Avenue and Blackstone Street. Included in the conditions of project approval, the Developer was required to construct a Tulare City Council Page 7
Agenda Memo - December 5, 2023
median island and associated improvements in Bardsley Avenue to control turning movements into the project site. The developer has completed the construction of all required public works improvements in accordance with the approved plans and specifications for this development.

On February 24, 2023, the developer and City Council entered into a preliminary oversized construction reimbursement agreement for the construction of said improvements. Following the recordation of a notice of completion for the improvements, staff will work with the developer on a final oversize construction reimbursement agreement and will present that to Council for consideration at a future date.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The City’s standard Notice of Completion format has been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Not approving the NOC would prevent the developer from entering into a final oversize construction reimbursement agreement for median island improvements installed on Bardsley Avenue; or 3) Table - A delay in the City accepting the improvements would in turn delay future reimbursement for median island improvements on Bardsley Avenue.

10.7 Magic Wave Car Wash, LLC. Development Impact Fee Deferral Request.

Recommended Action: Adopt a resolution granting the deferral of development impact fees as requested by Magic Wave Car Wash, LLC. (Property Owner), located at 1012 South ‘Q’ Place, Tulare CA 93274, in the sum of $40,641.00. [M. Anaya] Summary: City through Site Plan Review No. 21-47 approved the construction of a car wash located at 1012 South ‘Q’ Place, Tulare CA 93274. On November 9, 2022, Property Owner applied for building permits accompanied by building plans to begin construction of the project.

Property Owner is requesting a deferral of the development impact fees totaling $40,641.00 associated with the project pursuant to section 8.56.080 of the Tulare Municipal code which provides in part:

8.56.080 Payment of fees.

The fees established pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below:
(B) Fees imposed on non-residential development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make Tulare City Council Page 8
Agenda Memo - December 5, 2023
specific findings setting forth how the subject project accomplishes this goal;
(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years;
(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project;
(4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and
(5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

The value of this project will generate new construction sales tax. The Property Owner, when possible, will employ a local contractor who commits to using local subcontractors. Additionally, a percentage of all construction materials associated with the project will be purchased locally when possible.

Property Owner shall be required to pay all non-development impact fee related fees totaling $31,937.80 and $10,160.25 (20%) of the development impact fees at the time of the issuance of the building permit. Developer agrees to pay the remaining outstanding eighty percent (80%) balance of $40,641.00 in equal installments of $10,160.25, plus interest on or before December 30 of the consecutive years 2024, 2025, 2026 and 2027.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: Notice of Completion have been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Would delay issuance of the building permit and construction of the proposed project; or 3) Table - Would delay issuance of the building permit and construction of the proposed project.

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Agenda Memo - December 5, 2023

10.8 Oakcrest Subdivision Phase 1 Notice of Completion.

Recommended Action: Accept the required public works improvements for Oakcrest Phase 1 subdivision located on the north side of Tulare Avenue ½-mile west of West Street as complete; authorize the City Engineer to sign a Notice of Completion (NOC); and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M Miller]
Summary: On April 20, 2022, City Council conditionally approved the final map for Oakcrest Phase 1 subdivision, which created 115 single-family residential lots, as shown in the attached exhibit. The overall subdivision comprises approximately 25.9 acres and consists of 119 lots.

The Subdivider, D.R. Horton CA3, Inc., a Delaware Corporation, has completed construction of all required public works improvements for Phase 1 of the Oakcrest subdivision in accordance with approved plans and specifications.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The City’s standard Notice of Completion format has been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Not approving the NOC would prevent residents from occupying their recently purchased homes; or 3) Table - A delay in the City accepting the improvements would prevent residents from occupying their recently purchased homes.

10.9 Right of Way Dedication and Public Utility Easement Dedication for Industrial Avenue and Industrial Place (SP22-013).

Recommended Action: Accept a public utility easement and grant deed associated with the Industrial Avenue Shell Buildings development project (Site Plan Review No.

SP22-013) and authorize the City Manager or his designee to sign Certificates of Acceptance for same. [M. Miller]
Summary: Site Plan Review No. SP22-013 addresses Planning, Building and Engineering requirements for the development of an industrial shell building project located at the northwest corner of Industrial Avenue and Industrial Place. The project includes the installation of sidewalk on the north side of Industrial Avenue and the west side of Industrial Place, surface water improvements, water and sewer service modifications, and improvements on the northwest side of the intersection of Industrial Avenue and Industrial Place.

The installation of a ramped curb return along the northwest corner of Industrial Avenue and Industrial Place requires dedication of additional right-of-way for public street purposes at the intersection of Industrial Avenue and Industrial Place by way of a Grant Deed from CNS Real Estate, LLC, a California Limited Liability Company.

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Agenda Memo - December 5, 2023
The development also requires dedication of a public utility easement along the project’s Industrial Place frontage by way of a Grant of Easement from CNS Real Estate, LLC, a California Limited Liability Company.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The exhibits, Grant Deed, and Grant of Easement will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes - Approving the proposed property acquisition with changes or additional conditions could require revision of the Grant Deed, Grant of Easement, or associated legal descriptions and exhibits, which could delay the project construction start date; 2) Deny - Denying the required dedications would prevent construction of conditionally required improvements and affect the ability of utility companies to locate their facilities along the west side of Industrial Place; or 3) Table - Tabling the acceptance of the required dedications could delay the project’s finalization and occupancy date.

11. 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. [Time Estimate: 7:30-8:10 p.m.]

11.1 Chandler Grove Master Plan and Annexation Project.

Recommended Action: Adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2020-01 (East Tulare No. 36 – Chandler Grove) and detachment of the property from County Service Area No. 1; adopt a resolution approving General Plan Amendment No. 2022-04 to implement the City’s adopted COS North Transit Oriented Development Plan and establish land use designations for areas of the project site as Low Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Public / Quasi Public and Parks and Recreation; pass to print an ordinance approving Zone Amendment No. 743, pre-zoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area), (RM-2 (Multiplefamily Residential, 3,000 sq. ft. minimum per unit), RM-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zoning designations; and adopt a resolution certifying the Final Environmental Impact Report with appropriate Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program prepared for the Chandler Grove Master Plan and Annexation Project. [S. Sopp]
Summary: This is a request by Arun Toor on behalf of AST LLC. to annex into the City limits approximately 863 acres of which 231 acres is considered the “Project Site” and is planned for future development. The applicant has proposed a master plan for the project site that is intended to implement to the requirements of the City of Tulare adopted COS North Transit Oriented Development (TOD) Plan. Development is proposed to consist of a mixed-use development that would consist of low, medium, and high-density residential units, a central park, a neighborhood commercial center, a potential school site and other related improvements.

Tulare City Council Page 11
Agenda Memo - December 5, 2023
As part of the project the applicant is proposing to establish general plan land use designations and pre-zoning to implement the proposed master plan and COS North TOD Plan. The applicant is not proposing specific development at this time. As such, the Environmental Impact Report (EIR) for the project analyzes the project based upon maximum densities allowed by proposed zoning and allowed uses within the zone. The EIR analyzed the development of 1,197 total units of low, medium and high density residential on approximately 163.1 acres, a neighborhood commercial center on approximately 10.8 acres, a 4.9-acre school site and other improvements such as parks, stormwater detention areas, as well as trails for recreation.

Upon annexation into the City limits, additional entitlement and site plan review applications will be required to be reviewed and approved prior to development.

However, if specific proposed development remains consistent with the zoning and land use established and within the scope analyzed by the EIR prepared for the project, any additional environmental analysis would be minimal and timelines for approval would be expedited.

The area proposed for development is located on the northeast corner of Bardsley Avenue and Oakmore Street. The site is bounded by S. Oakmore Street (Road 124) to the west, the East Tulare Villa Community to the east, Avenue 228 to the north, and E. Bardsley Avenue to the South.

Annexation
The project proponents are requesting to annex approximately 863-acres into the City limits. Of this area, approximately 231-acres are owned by the project proponent and proposed for future development. The remaining area is owned by the College of the Sequoias Community College District and the Kaweah Delta Water Conservation District. The project site is located immediately adjacent to the existing City limit and currently consists of mainly orchards.

However, City staff have received a separate annexation application for the annexation of this property which is currently being processed and is on track to be brought for discretionary review and approval in 2024. Staff believes that it can be found that the project meets the requirements to waive the restrictions of Government Code Section 56744 (limit on creating county islands) by finding that the restrictions would be detrimental to the orderly development of the community and that the area that would be enclosed by the annexation or incorporation is so located that it cannot reasonably be annexed to another city or incorporated as a new city consistent with Government Code Section 56375(m).Staff has reviewed the proposed annexation and determined it to be consistent with Chapter 10.26 – Annexations, of the City of Tulare Municipal Code.

At the request of the Tulare County Local Agency Formation Commission (LAFCO), City staff have met or communicated with representatives of College of the Sequoias and the Kaweah Delta Water Conservation District to determine their interest and Tulare City Council Page 12
Agenda Memo - December 5, 2023
willingness for land owned and managed by those entities to be included within the proposed annexation. After discussions, both entities were in support of or willing to have these lands included in the annexation. This includes approximately 632-acres of the proposed annexation area.

At the request of LAFCO, staff also sent survey letters to property owners and registered voters of the East Tulare Villas to the east of the proposed development as well as rural residential county residents located along the western side of Oakmore Street north of Mission Oak High School inquiring about interest in being included in the annexation. Results of the survey showed that a majority did not want to be included in the proposed annexation.

The 231-acre portion proposed for development is currently subject to a Land Conservation Contract (Williamson Act Contract). Upon annexation, the City will be required to succeed to the existing contract. The project applicant will be required to submit proof of executed exchange and cancellation of the Williamson Act Contract to the City prior to issuance of a grading or building permit for the project.

Following the approval of a resolution of application by the City Council, the applicant will be required to submit an application to the Tulare County Local Agency Formation Commission (LAFCO) in order to initiate annexation proceedings.

General Plan Amendment
The project site is designated as COS North Transit Oriented Development (TOD) in the City’s adopted 2035 General Plan. The land use concept for the COS North plan area is intended to create a new community to serve COS students and staff as well as existing and future Tulare residents, with retail services, housing, and a new park and school. The TOD plan envisions a “complete neighborhood” where residents can access many of their basic activities and needs via walking or biking. Figure 3-3 of the COS North plan (see attached) provides a land use concept for how to achieve the goals of the TOD plan and sets the amount of land and densities that should be dedicated to each land use.

The COS North land use concept was included in the General Plan for illustrative purposes. The actual layout of the development is to be determined by future site planning. However, Land Use Element Policy P8.1 in General Plan 2035 calls for the City to implement a TOD land use pattern in the same spirit as the COS North land use concept.

The project proponent is requesting to change the General Plan land use designation on the project site to implement the current Transit Oriented Development Plan and establish the following General Plan designations: Low Density Residential, Medium Density Residential, High Density Residential, Community Commercial, Public / Quasi Public and Parks and Recreation. Staff has reviewed the proposed General Plan Amendment and determined it to be consistent with the goals and objectives of the City’s General Plan, including COS North TOD plan, the City’s Climate Action Plan, and Title 10 of the City of Tulare Municipal Code.

Tulare City Council Page 13
Agenda Memo - December 5, 2023
Zone Amendment
The area proposed for annexation is currently subject to the County’s zoning requirements and is zoned AE-40 (Agricultural Exclusive, 40-acre minimum parcel size). The applicant is proposing to pre-zone the project site to the City’s zoning to become effective upon annexation into the City limits of the City of Tulare. Proposed zoning designations of the project site are C-3 (Retail Commercial), R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands). The proposed Zone Amendment is consistent with the goals and objectives of the City’s General Plan, including the proposed General Plan Amendment associated with the project and the COS North Transit Oriented Development Plan.

Site Plan Review
While the proposed applications include a conceptual land use plan, more detailed subsequent site plans and maps, including subdivision and parcel maps, will be subject to the City’s Site Plan Review process. The Site Plan Review Committee consists of representatives from Public Works, Engineering, Planning, Community Services, Fire and Solid Waste. Subsequent site plans, parcel, and subdivision maps will be reviewed by the Site Plan Review Committee to ensure appropriate coordination on the construction of public utility and circulation infrastructure. These entitlement processes will then be required to be reviewed by the relevant authority (Parcel Map Committee, Planning Commission, City Council) for approval.

Environmental
An environmental impact report (EIR) has been prepared for this project, in accordance with the California Environmental Quality Act (CEQA). The City of Tulare published a Notice of Availability (NOA) for the Draft EIR on July 27, 2023, inviting comments from the general public, agencies, organizations, and other interested parties. The NOA was filed with the State Clearinghouse (SCH #2022090149), the County Clerk, and published in a newspaper of regional circulation pursuant to the public noticing requirements of CEQA. The public review period was from July 27, 2023, through September 11, 2023 (45 days).

In accordance with CEQA Guidelines Section 15088, the Final EIR responds to all comments received during the public review period. The Final EIR also contains minor edits to the Draft EIR, which are included in Section 2, Changes to the Draft EIR, of the Final EIR. The responses to comments do not involve any new significant impacts or “significant new information” that would require recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5.

The initial study and Final EIR prepared for the project found that despite the implementation of mitigation measures identified in the Mitigation Monitoring and Reporting Program (MMRP), significant unavoidable impacts would remain as a result of the project to agricultural resources, air quality, greenhouse gas emissions and transportation. As a result, staff is recommending that the City Council certify the final environmental impact report with appropriate Findings, and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

Tulare City Council Page 14
Agenda Memo - December 5, 2023
On October 23, 2023, the Planning Commission voted 3-0 (with two members absent) to recommend that the City Council approve Annexation No. 2020-01 (East Tulare No. 36), General Plan Amendment No. 2022-04, Zone Amendment No. 743, and certification of the EIR prepared for the project.

Fiscal Impact & Funding Source(s): The proposed action will not have any immediate financial impact. As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required. It is recommended that future action be taken to amend the City’s development impact fee program to add longer term infrastructure improvements specifically related to traffic to the program.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny - If denied, the proposed annexation area would remain within the jurisdiction of Tulare County and the “Project Area” would remain subject to the County’s AE-40 (Agricultural Exclusive, 40-acre minimum parcel size) zoning designation; or 3) Table.

12. 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. [Time Estimate: 8:10-8:40 p.m.]

12.1 Conditional Acceptance of Revised Tentative Parcel Map No. 2022-06 for the Fulton Estates Development.

Recommended Action: Conditionally approve revised tentative parcel map No. 2022-06 for the Fulton Estates development project, accept all easements offered thereon to the City, and conditionally reject, until later accepted by a separate resolution of the City Council, irrevocable offers of dedication to the City for Oakmore Street (Road 124) and Tulare Avenue (S.R, 137), subject to receipt of the signed parcel map, all fees, and other required items prior to February 3, 2024. [M. Miller] Summary: The Tulare Parcel Map Committee adopted Resolution No. 848 on January 30, 2023, approving Tentative Parcel Map No. 2022-06 for the Fulton Estate development located on the northwest corner of Hwy 137 (Tulare Avenue) and Oakmore Street (Road 124). The overall project comprises approximately 37 acres.

The proposed parcel map will create four (4) parcels for residential use to be further subdivided at a later date as phases of the Fulton Estates subdivision, and one remainder lot that is zoned for commercial development.

The conditions of approval of the parcel map required the Subdivider to dedicate additional right-of-way for Oakmore Street to the City, and for Tulare Avenue (State Route 137) to the State of California. While dedications to the City are typically accomplished by calling out the dedication on the recorded parcel map, dedications to Tulare City Council Page 15
Agenda Memo - December 5, 2023
the State of California have previously been done by a separate instrument between the Subdivider and State of California with the resulting recorded document referenced on the parcel map. Such was the case for the Tulare Avenue dedication on Tentative Parcel Map No. 2022-06 when it was conditionally approved by Council on November 21, 2023.

Since Council’s conditional approval, the Subdivider has determined that the amount of time required to complete the right-of-way dedication process to the State of California for Tulare Avenue exceeds the timeline they have agreed to for close of sale of one of the newly created parcels to a Developer for Phase 1 of the Fulton Estates subdivision. To be able to meet their deadline, the Subdivider is requesting to provide the City of Tulare with an irrevocable offer of dedication for the right-of-way for Tulare Avenue rather than the State of California. It would then be necessary at some future date for the City to accept said irrevocable offer of dedication and transfer the right-of-way to the State of California.

Fiscal Impact & Funding Source(s): Additional costs resulting from staff time and consultant services would likely be incurred by the City to complete future right-of-way transfer to the State of California.

General Fund (G/L #008-4630-1021) Regular Salaries - $TBD General Fund (G/L #008-4630-2017) Professional/Technical Services - $TBD Legal Review: The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes - Changes would result in a delay to the approval of the Tentative Parcel Map No. 2022-06, which may jeopardize the subsequent development of the Fulton Estates subdivision due to the Subdivider’s inability to meet deadlines related to the sale of property; 2) Deny - Council conditionally approved Tentative Parcel Map No. 2022-06 on November 21, 2023.

Should Council opt to deny the revised tentative parcel map incorporating the Subdivider’s request to dedicate Tulare Avenue (State Route 137) right-of-way to the City as opposed to the State of California directly, subsequent development of the Fulton Estates subdivision may be jeopardized due to the Subdivider’s inability to meet deadlines related to the sale of property; or 3) Table - Delay resulting from tabling this item may be jeopardize the subsequent development of the Fulton Estates subdivision due to the Subdivider’s inability to meet conditions related to the sale of property.

13. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY [Time Estimate: 8:40-8:55 p.m.]

13.1 Annual ROPS and Administrative Budget.

Tulare City Council Page 16
Agenda Memo - December 5, 2023
Summary: Redevelopment agencies were dissolved statewide in 2012. The City of Tulare (“City”) elected to serve as the Successor Agency to the Tulare Redevelopment Agency (“Successor Agency”). It is responsible for winding down former Tulare Redevelopment Agency (“Former RDA”) obligations. State law requires the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) on an annual basis to request funding for payments owed in the upcoming fiscal year. The Successor Agency must also prepare an administrative budget for the upcoming fiscal year.

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

The ROPS for the period July 1, 2024 through June 30, 2025 (“24-25”), attached as Exhibit “A,” is due to DOF by February 1, 2024. A copy of the ROPS must also be submitted to the Tulare County Auditor-Controller (“Auditor-Controller”) and the State Controller’s Office and posted on the City’s website.

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

The Tulare ROPS 24-25 requests $3,499,608 in expenses, of which $1,993,723 is from RPTTF, and $1,505,885 is from Reserve Balance. The following sections elaborate on the enforceable obligations listed on the ROPS and significant aspects of the Cash Balances.

Debt Service Payments (Items 21 through 24)
The 2017 Bond Indenture of Trust requires the Successor Agency to request funding for each calendar year’s debt service in the ROPS B period. The ROPS 24-25 requests to spend $1,505,885 in a reserve balance set aside from the ROPS 23-24 to pay debt service due in August 2024, $287,862 in RPTTF to pay debt service due in February 2024, and $717,862 in RPTTF as a reserve for debt service due in August 2024.

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

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

Tulare City Council Page 17
Agenda Memo - December 5, 2023
The County approved Fiscal Year 2012-13 residual RPTTF is $2,502,897. Although the Successor Agency disputes this value and believes it should be $1,524,880, for the purpose of our estimates we are assuming the Fiscal Year 2012-13 residual RPTTF will be $2,502,897. The Fiscal Year 2023-24 residual RPTTF is projected to be approximately $2.6 million, resulting in a maximum payment of approximately $53,342:
$2,609,580 - $2,502,897 = $106,683 / 2 = 53,342
The actual FY 2024-25 City-RDA Loan payment cannot be calculated until after the January 2024 RPTTF distribution, which was unavailable at the time the ROPS was prepared. The ROPS requests $600,000 in case the actual amount of residual RPTTF distributed in January 2024 permits a higher loan repayment amount.

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

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

Other Obligations
The Successor Agency is required to prepare an Administrative Budget and submit it to the Oversight Board for approval. The Successor Agency is requesting $100,000 (ROPS Item 14). An Administrative Budget for the fiscal year is attached as Exhibit “B” to the accompanying resolution.

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

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

In total, the Successor Agency requests to receive and spend $1,993,723 of RPTTF in Fiscal Year 2024-25. In addition, the Successor Agency requests to spend $1,505,885 in reserves set aside from Fiscal Year 2024-25 on August 1, 2024 debt service.

Cash Balances
The Report of Cash Balances shows cash balance activity in FY 2021-22. Funds are being spent in a timely manner and consistent with the approvals of the Oversight Tulare City Council Page 18
Agenda Memo - December 5, 2023
Board and DOF. The Cash Balances page helps the Successor Agency to identify other funds available to spend on enforceable obligations. The estimated remaining available cash balance that DOF may use in-lieu of RPTTF as of FY 20-21 is $0.

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

ROPS 20-21 Prior Period Adjustment
As required by HSC section 34186(c), the Successor Agency prepared a reconciliation between approved and actual payments on enforceable obligations from the ROPS covering Fiscal Year 2020-21 and submitted this reconciliation to the County Auditor-Controller by October 1, 2022. The reconciliation showed a difference of $330,972 between approved and actual expenditures. This amount will be applied to expenditures in Fiscal Year 2024-25.

Fiscal Impact & Funding Source(s): ROPS 23-24 must be approved by the Successor Agency and Oversight Board and submitted to the State Department of Finance (“DOF”) by February 1, 2024 for the Successor Agency to receive RPTTF, administered by the Tulare County Auditor-Controller (“Auditor-Controller”), and pay enforceable obligations during the ROPS 24-25 period. If the ROPS is not submitted on time, the Successor Agency may be subject to a $10,000 penalty per day.

Legal Review: Not applicable.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

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

THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY

COUNCIL

15. FUTURE AGENDA ITEMS [Time Estimate: 8:55-9:00 p.m.]

15.1 Formation of Historic Preservation Committee.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]

16. STAFF UPDATES [Time Estimate: 9:00-9:05 p.m.]

17. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 19, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

Staff Report
Meeting: City Council
Date: December 5, 2023
Department: City Manager
Submitted by: Chief Deputy City Clerk Melissa Hermann
Agenda Title: Board, Commission, and Committee Appointments

RECOMMENDED ACTION
Review applications, interview applicants, and appoint members to City boards, commissions, and committees to serve from January 1, 2024 through December 31, 2028.

SUMMARY
The City has eight boards, commissions, and committees with members appointed by City Council. Below is a list of seats with terms expiring on December 31, 2023. Staff has also included a summary of each appointment process.

Name Appointed By Type Initial
Appointment
Most Recent
Appointment
Application
Received
Cris Colson Mayor General 3/1/2022 3/1/2022 Yes
Robert Smith Mayor General 12/1/2015 1/7/2020 Yes
Ryan Wilson Mayor General 1/7/2020 1/7/2020 No
Board of Public Utilities Commissioners
The Board of Public Utilities Commissioners (BPU) is a five-member board established by the City Charter and is charged with the responsibility of regulating and managing the utility divisions of the City which includes Solid Waste, Water, Sewer, and Wastewater. Pursuant to Section 52 of the City Charter, all members are appointed by the mayor and confirmed by the City Council. There are three seats with terms expiring on December 31. Of the three, Renee Soto and Tony Sozinho have applied to be considered for reappointment. Tom Griesbach advised staff he is not seeking reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Renee Soto Mayor 6/18/2019 6/18/2019 Yes
Thomas Griesbach Mayor 4/18/2017 10/22/2019 No
Tony Sozinho Mayor 1/19/2021 1/19/2021 Yes
Item #: 3
Special Meeting
Committee on Aging
The Committee on Aging is a five-member committee established by the City Council in 1972 and is responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. There are two seats with terms expiring on December 31. Both Pam Malloy and Ralph Cantu have applied to be considered for reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Pam Malloy Council Seat 1 11/5/2019 11/5/2019 Yes
Ralph Cantu Council Seat 2 10/4/2022 10/4/2022 Yes
Measure I Citizen Oversight Committee
The Measure I Citizen Oversight Committee is a five-member committee established pursuant to ballot language (Resolution 05-5261) and by guidelines approved on May 16, 2017. The Committee meets twice annually, once to be briefed on the annual budget (mid-year) and again to review the Annual Audit Report, specific to Measure I. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. There are two seats with terms expiring on December 31. Neither member has applied to be considered for reappointment. Staff reached out to the members via email and telephone multiple times with no response. The one meeting held in September was attended by all members except for the two members whose seats are up for appointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Dawn “Michelle” Rowsey Council Seat 2 11/5/2019 11/5/2019 No Crystal Boling Council Seat 4 2/15/2022 2/15/2022 No
Parks and Recreation Commission
The Parks and Recreation Commission is a seven-member commission established by City Ordinance and acts on matters of recreational importance to all segments of the community, including recreational programs, facilities, and park development. The Commission also advises staff and Council on street trees to be removed or planted, standards for landscape enhancement, and tree preservation policy. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. The two remaining members are appointed at large by the City Council as a whole.

There are four seats with terms expiring on December 31. Applications were received from all four members expressing interest in continuing to serve on the Commission.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Applications
Reviewed/Approved:

Aviation Committee
Current Member Applications
Cris Colson
Robert Smith
New Applications
Steven Melendez
Jaime Mendez*
*Interested in other boards, commissions, and committees as well

Board of Public Utilities Commissioners
Current Member Applications
Renee Soto
Tony Sozinho
New Applications
Paula Johnson*
Jonathan Juarez*
Jaime Mendez*
Jonathon Porter*
Derek Newman*
*Interested in other boards, commissions, and committees as well

Committee on Aging
Current Member Applications
Pam Malloy
Ralph Cantu*
New Applications
Sharon Fien
Celeste Galeno*
Derek Newman*
*Interested in other boards, commissions, and committees as well

Measure I Citizen Oversight Committee
Current Member Applications
None Applied
New Applications
Jonathon Juarez*
Jaime Mendez*
Celeste Galeno*
*Interested in other boards, commissions, and committees as well

Parks & Recreation Commission
Current Member Applications
Armando Da Silva
Eric Farrenkopf
Lori Fishbough
Nick Sherwood
New Applications
Paula Johnson*
Jonathan Juarez*
Jaime Mendez*
Jonathon Porter*
Celeste Galeno*
Derek Newman*
*Interested in other boards, commissions, and committees as well

Planning Commission
Current Member Applications
Charles Miguel
Sandra Miller
New Applications
Jonathan Juarez*
Jaime Mendez*
Ralph Cantu*
Jonathon Porter*
Danielle Avila
Madalyn Souza
Derek Newman*
*Interested in other boards, commissions, and committees as well

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, November 21, 2023
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
COUNCIL ABSENT: Councilmember Jose Sigala
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Assistant Finance Director Melanie Gaboardi; 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; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

1. CALL TO ORDER
Mayor Sayre called the regular meeting of the City Council to order at 7:00 p.m. in the Council Chamber located at 491 North M Street.

Mayor Sayre advised that Councilmember Sigala would not be in attendance due to medical reasons and excused his absence.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Vice Mayor Isherwood led the Pledge of Allegiance, and an invocation was given by John Maher, Pastor of Calvary Chapel Tulare.

3. PUBLIC COMMENTS
The following provided public comment: Jan Smith and Barbara Harrell on behalf of the Tulare Hospital and Community Health Foundation expressing appreciation for Council in regard to the Festival of Trees event; and John Thomas on behalf of the Tulare Library Foundation inviting everyone to the upcoming Night at the Library fundraising event.

4. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

Item #: 10.2
Consent
City Council Meeting Minutes November 21, 2023
City of Tulare Page 2

5. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

6. CONSENT CALENDAR
It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Councilmember Sigala absent) to approve the items on the Consent Calendar as presented.

6.1 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.

6.2 Special and/or Regular Meeting Minutes of November 7, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

6.3 Conditional Acceptance of Tentative Parcel Map No. 2022-06 for the Fulton Estates Development.

Recommended Action: Conditionally approve tentative parcel map No. 2022-06 for the Fulton Estates development project and accept all easements and dedications offered to the City, subject to receipt of the signed parcel map, all fees, and other required items prior to January 20, 2024. [M. Miller]

6.4 Data Backup Replacement.

Recommended Action: Authorize the City Manager to enter into a three-year service and equipment contract with ePlus Technology, Inc., of Rocklin, to purchase Rubrik data protection equipment, support, maintenance, and off-site backup storage piggybacking the National Association of State Procurement Officials (NASPO) master contract; and authorize the prepayment of the entire three years not to exceed $83,409.12. [J. Bowling]

6.5 Tulare Local Road Safety Plan 2023.

Recommended Action: Adopt a resolution adopting the Tulare Local Road Safety Plan 2023 prepared by Peters Engineering Group on behalf of the City. [M. Miller]

6.6 Tulare Cares Temporary Encampment Revised Rules and Regulations.

Recommended Action: Approve the Tulare Cares Temporary Encampment Revised Rules and Regulations included as Attachment 1 and direct staff to utilize them in association with the operations of the Tulare Cares Temporary Encampment Rules and Regulations. [J. Glick]

6.7 Fire Department Memoranda of Understanding.

Recommended Action: Approve the enclosed MOUs for Division Chief Group, Non-Management Bargaining Group, and Management Bargaining Group. [M.

Zamora]
City Council Meeting Minutes November 21, 2023
City of Tulare Page 3

6.8 Motorcycle Radios Purchase.

Recommended Action: Approve the purchase of four APX 8500 Series Motorcycle Radios and accessories from J’s Communications of Fresno, CA using the quote # 2366968 in the amount of $27,807.02. [D. Hastings]

6.9 Contract Amendment with Peters Engineering Group related to design services for Project EN0093.

Recommended Action: Approve and authorize the City Manager to sign a contract amendment in the amount of $60,000 with Peters Engineering Group for additional design services related to City Project EN0093 – Prosperity Avenue / “J” Street RR Crossing Improvements, a traffic safety improvement project to improve the UPRR crossing of Prosperity Avenue and adjacent traffic signal at “J” Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [M. Miller]

7. GENERAL BUSINESS

7.1 Appointment to Selection Committee for the Operator of the Tulare Emergency Homeless Shelter.

Recommended Action: Appoint one councilmember to serve on an ad hoc selection committee for an operator of the City’s planned Tulare Emergency Homeless Shelter.

Presented By: Community Services Director Jason Glick
Public Comment: None
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Councilmember Sigala absent) to appoint Vice Mayor Isherwood as the Council representative on the selection committee.

7.2 Nomination of Candidate for the SJVAPCD Governing Board.

Recommended Action: Adopt a resolution nominating Visalia Councilmember Elizabeth Wynn for consideration by the Special City Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing Board.

Presented By: Chief Deputy City Clerk Melissa Hermann
Public Comment: None
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Councilmember Sigala absent) to approve the item as presented.

8. FUTURE AGENDA ITEMS - NONE SUBMITTED

9. STAFF UPDATES
Staff provided updates on department activities.

City Council Meeting Minutes November 21, 2023
City of Tulare Page 4

10. ADJOURNMENT
A moment of silence was held in honor of Chuck Taylor. The regular meeting was adjourned at 7:33 p.m.

Approved by Council: December 5, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: December 5, 2023
Department: City Manager
Submitted by: Josh McDonnell, Assistant City Manager
Agenda Title: Receipt of County of Tulare American Rescue Plan Act Allocation

RECOMMENDED ACTION
Approve receipt of $500,000 in County of Tulare American Rescue Plan Act (ARPA) funds for acquisition of materials (mattresses, cubicles, tables, chairs, etc.) associated with the construction of the Tulare Emergency Shelter and direct the City Manager or designee to execute the associated County of Tulare Health & Human Services Agency Services Agreement.

SUMMARY
The City of Tulare is currently in the design phase and will soon begin construction of a new 200+ bed permanent emergency shelter. Located on County of Tulare property near the northwest corner of East O’Neal Avenue and South O Street, the facility will operate on a 24- hour 365-day per year basis under contract with a non-profit and will accept all homeless individuals and families.

FISCAL IMPACT & FUNDING SOURCE(S)
Approval of the agreement will result in the City receiving an additional $500,000 from the County of Tulare to assist in the acquisition of specified items as part of the construction of the Tulare Emergency Shelter.

LEGAL REVIEW
Not applicable.

ALTERNATIVE ACTION

1. Approve with changes – Direct staff to discuss alternatives for expenditure of the contribution; however, the materials identified in Exhibit B have been pre-approved by the County.

2. Deny – Do not move forward with accepting the $500,000 County allocation.

3. Table – Direct staff to research additional material associated with emergency shelter materials and return with the results.

Item #: 10.3
Consent

ATTACHMENTS

1. County of Tulare Health & Human Services Agency Services Agreement Reviewed/Approved:

Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manny Correa, Safety, Compliance and Facilities Officer Agenda Title: Airport Rental Rate Changes

RECOMMENDED ACTION
Authorize changes in the Airport T-Hangar, Port-a-Hangar, Extended Hangar, and Business Hangar rental rates.

SUMMARY
At the August 28, 2023 Aviation Committee meeting, the Committee reviewed current rates and leases for Hangar, Port-a-Hangar, Extended Hangar, and Business Hangar rentals and proposed new rates based upon market data at "like" airports. Based upon the data, the Committee voted to adopt the new rates and recommend to Council that rates be increased as follows:

CURRENT RATE FUTURE RATE
Ten Port-a-Hangars @ $125/month Ten Port-a-Hangars @ $170/month 19 T-Hangars @ $150/month 19 T-Hangars @ $200/month
Two Extended Hangars @ $160/month Two Extended Hangars @ $215/month Business Hangars CPI or 10% whichever is lower when term expires
If the rate increase is authorized, all renters would be notified in writing and rates would go into effect on January 1, 2024. In addition, staff has been working on standardized contracts for the rentals and will be signed after rate approval.

FISCAL IMPACT & FUNDING SOURCE(S)
No fiscal impact.

LEGAL REVIEW
City attorney reviewed the contract, no changes were needed.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Item #: 10.4
Consent
Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Mooney Boulevard Street Right-of-Way and Public Utility Easement

RECOMMENDED ACTION
Accept a Grant Deed for dedication of street right of way and public utility purposes, and a Grant of Easement for public utilities purposes from Gussan Shedid, Trustee of the Gussan Shedid Trust of 2018, as to an undivided 33.334% interest; Joseph Feghali, a Married Man, as to an undivided 33.333% interest and Maroun Feghali, a Married Man, as to an undivided

33.333% interest, for street dedication and public utilities located along the frontage of Mooney Boulevard; and authorize the City Manager or his designee to sign the Certificates of Acceptance for the same.

SUMMARY
In accordance with Site Plan Review No. SP20-38, Gussan Shedid is constructing a Little Caesars restaurant located on property fronting Mooney Boulevard approximately 550 feet north of its intersection with Bardsley Avenue (APN 172-150-021). Dedication of additional street right-of-way and a public utility easement were required along the project’s Mooney Boulevard frontage as conditions of project approval. A Grant Deed for the street right-of-way dedication and a Grant of Easement for the public utility easement have been executed by the owner and await recordation pending Council approval. Certificates of Acceptance signed by the City Manager will need to be recorded along with the Grant Deed and Grant of Easement.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The standard format of Grant Deeds, Grants of Easement, and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Portion of the project’s Mooney Boulevard frontage would remain under ownership of the developer, and a certificate of occupancy would not be issued for the Little Caesars project.

3. Table – A certificate of occupancy would not be issued for the Little Caesars project.

ATTACHMENTS

1. Mooney Boulevard Street Right-of-Way Grant Deed

2. Mooney Boulevard Street Right-of-Way Grant Deed Certificate of Acceptance

3. Mooney Boulevard Public Utility Easement

4. Mooney Boulevard Public Utility Easement Certificate of Acceptance Reviewed/Approved:

Item #: 10.5
Consent
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

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

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ NONE
City of Tulare Parcel No.: 172-150-021
Computed on full value of interest or property conveyed, or Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
Gussan Shedid, Trustee of the Gussan Shedid Trust of 2018, as to an undivided 33.334% interest; Joseph Feghali, a Married Man, as to an undivided 33.333% interest and Maroun Feghali, a Married Man, as to an undivided 33.333% interst (“Grantor”) Hereby GRANT(S) to the City of Tulare, a Municipal Corporation (“Grantee”), in fee interest, for street right of way and public utility purposes, over the real property in the City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT ‘A’ FOR LEGAL DESCRIPTION AND EXHIBIT ‘B’ FOR PLAT.

Date:

Grantor: Gussan Shedid Trust of 2018
By:

Date:

Grantor: Joseph Feghali, a Married Man
By:

Date:

Grantor: Maroun Feghali, a Married Man
By:

Gussan Shedid, Trustee
State of California )
County of Tulare ) S.S.

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

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

WITNESS my hand and official seal.

Signature of Notary Public
State of California )
County of Tulare ) S.S.

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

WITNESS my hand and official seal.

Signature of Notary Public
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (Seal)
State of California )
County of Tulare ) S.S.

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

WITNESS my hand and official seal.

Page 1 of 2 ends

EXHIBIT 'A'
Lane Engineers, Inc. Job No. 20329
November 21, 2023
ADDITIONAL RIGHT OF WAY DEDICATION:

The East 23.00 feet of the West 68.00 feet of the following described parcel:

COMMENCING at the Southwest corner of Section 7, Township 20 South, Range 25 East, Mount Diablo Base and Meridian;
Thence North 00°43’51” East 457.45 feet along the West line of the SW1/4 of said Section 7 to the TRUE POINT OF BEGINNING;
Thence South 88°27’42” East 222.02 feet along a line parallel with and 457.4 feet North of the South line of said SW1/4 of Section 7 as measured at right angles thereto; Thence North 00°43’51” East 196.22 feet along a line parallel with and 222.0 feet East of the West line of said SW1/4 of Section 7 as measured at right angles thereto to the South line of Parcel 4 of Parcel Map No. 4628, recorded in Book 47 of Parcel Maps, at Page 33, T.C.R.; Thence North 88°27’42” West 222.02 feet along said South line of Parcel 4 and the prolongation thereof to the West line of said SW1/4 of Section 7; Thence South 00°43’51” West 196.22 feet along said West line to the TRUE POINT OF BEGINNING.

CONTAINING 4,513 SQUARE FEET, MORE OR LESS.

SEE EXHIBIT ‘B’ ATTACHED HERETO.
11/21/2023
68'
45'
68'
23'
68'

ADDITIONAL RIGHT OF WAY

DEDICATED TO THE CITY OF TULARE
4,513 SQ. FT.±
PARCEL 4
PARCEL MAP NO. 4628
REC. IN BK. 47 OF PARCEL MAPS, AT PG. 33, T.C.R.

APN 172-150-024 APN 172-150-023
APN 172-150-021 MOONEY BLVD. N00°43'51"E 457.45
S88°27'42"E 222.02
N88°27'42"W 222.02
S00°43'51"W 196.22
S00°43'51"W 196.22

EXISTING RIGHT OF WAY

PROPOSED RIGHT OF WAY
6'
74'

PUBLIC UTILITY EASEMENT
1,177 SQ. FT.±

TRUE POINT OF

BEGINNING
BARDSLEY AVE.

POINT OF COMMENCEMENT
SW COR. SEC. 7-20-25
J:\Jobs\2020\20329\Dwg\Exhibits\EXHIBIT RW AND PUE.dwg 1/26/2022 4:07 PM S88°27'42"E

EXHIBIT B
NORTH
SCALE: 1" = 30'
11/21/2023

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated __________________________, from Gussan Shedid, Trustee of the Gussan Shedid Trust of 2018, as to an undivided 33.334% interest; Joseph Feghali, a Married Man, as to an undivided 33.333% interest and Maroun Feghali, a Married Man, as to an undivided 33.333% interest, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on December 5, 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 Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

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

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ NONE
City of Tulare Parcel No.: 172-150-021
Computed on full value of interest or property conveyed, or Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
Gussan Shedid, Trustee of the Gussan Shedid Trust of 2018, as to an undivided 33.334% interest; Joseph Feghali, a Married Man, as to an undivided 33.333% interest and Maroun Feghali, a Married Man, as to an undivided 33.333% interst (“Grantor”) Hereby GRANT(S) to the City of Tulare, a Municipal Corporation (“Grantee”), an easement for Public Utility purposes over the real property in the City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT ‘A’ FOR LEGAL DESCRIPTION AND EXHIBIT ‘B’ FOR PLAT.

Date:

Grantor: Gussan Shedid Trust of 2018
By:

Date:

Grantor: Joseph Feghali, a Married Man
By:

Date:

Grantor: Maroun Feghali, a Married Man
By:

Gussan Shedid, Trustee
State of California )
County of Tulare ) S.S.

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

WITNESS my hand and official seal.

Signature of Notary Public
State of California )
County of Tulare ) S.S.

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

WITNESS my hand and official seal.

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

WITNESS my hand and official seal.

Page 1 of 2 ends

EXHIBIT 'A'
Lane Engineers, Inc. Job No. 20329
November 21, 2023
PUBLIC UTILITY EASEMENT:

The East 6.00 feet of the West 74.00 feet of the following described parcel:

CONTAINING 1,177 SQUARE FEET, MORE OR LESS.

SEE EXHIBIT ‘B’ ATTACHED HERETO.
11/21/2023
68'
45'
68'
23'
68'

ADDITIONAL RIGHT OF WAY

DEDICATED TO THE CITY OF TULARE
4,513 SQ. FT.±
PARCEL 4
PARCEL MAP NO. 4628
REC. IN BK. 47 OF PARCEL MAPS, AT PG. 33, T.C.R.

APN 172-150-024 APN 172-150-023
APN 172-150-021 MOONEY BLVD. N00°43'51"E 457.45
S88°27'42"E 222.02
N88°27'42"W 222.02
S00°43'51"W 196.22
S00°43'51"W 196.22

EXISTING RIGHT OF WAY

PROPOSED RIGHT OF WAY
6'
74'

PUBLIC UTILITY EASEMENT
1,177 SQ. FT.±

TRUE POINT OF

BEGINNING
BARDSLEY AVE.

POINT OF COMMENCEMENT
SW COR. SEC. 7-20-25
J:\Jobs\2020\20329\Dwg\Exhibits\EXHIBIT RW AND PUE.dwg 1/26/2022 4:07 PM S88°27'42"E

EXHIBIT B
NORTH
SCALE: 1" = 30'
11/21/2023

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 __________________________, from Gussan Shedid, Trustee of the Gussan Shedid Trust of 2018, as to an undivided 33.334% interest; Joseph Feghali, a Married Man, as to an undivided 33.333% interest and Maroun Feghali, a Married Man, as to an undivided 33.333% interest, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on December 5, 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: December 5, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Panda Express Notice of Completion

RECOMMENDED ACTION
Accept as complete the required public works improvements for Panda Express, a commercial development located at the northeast corner of Bardsley Avenue and Blackstone Street; authorize the City Engineer to sign a Notice of Completion (NOC); and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office.

SUMMARY
CFT NV Developments, LLC, a Nevada limited liability company, is constructing a Panda Express restaurant as part of a commercial development located on the northeast corner of Bardsley Avenue and Blackstone Street. Included in the conditions of project approval, the Developer was required to construct a median island and associated improvements in Bardsley Avenue to control turning movements into the project site. The developer has completed the construction of all required public works improvements in accordance with the approved plans and specifications for this development.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The City’s standard Notice of Completion format has been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Not approving the NOC would prevent the developer from entering into a final oversize construction reimbursement agreement for median island improvements installed on Bardsley Avenue.

3. Table – A delay in the City accepting the improvements would in turn delay future reimbursement for median island improvements on Bardsley Avenue.

Item #: 10.6
Consent

ATTACHMENTS

1. Notice of Completion

2. Preliminary Oversize Construction Reimbursement Agreement Reviewed/Approved:

RECORDING REQUESTED BY:

City of Tulare

WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4 1 1 East Kern Avenue
Tulare, CA 93274 -4257
P URSUANT TO GOVERNMENT CODE SECTION 6 10 3 ,
NO RECORDING FEE REQUIRED.

N O T I C E O F C O M P L E T I O N

NOTICE IS HEREBY GIVEN THAT:

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

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

3. On the December 5, 2023, a work of improvement on real property hereinafter described was completed by CFT NV Developments, LLC, a Nevada limited liability company, the Developer of record, whose address is 1120 N. Town Center Drive, Suite 150, Las Vegas, Nevada 98144

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

Public improvements on Blackstone Street and Bardsley Avenue associated with the Panda Express commercial development, including, but not limited to, the installation of master plan median island improvements in Blackstone Street.

5. The public works improvements were accepted as complete by the City Council of the City of Tulare on December 5, 2023.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

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

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

Executed on ________________________ , 2023 at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Community Development
Submitted by: Mario Anaya, Community Development Director Agenda Title: Magic Wave Car Wash, LLC. Development Impact Fee Deferral Request

RECOMMENDED ACTION
Adopt a resolution granting the deferral of development impact fees as requested by Magic Wave Car Wash, LLC. (Property Owner), located at 1012 South ‘Q’ Place, Tulare CA 93274, in the sum of $40,641.00.

SUMMARY
City through Site Plan Review No. 21-47 approved the construction of a car wash located at 1012 South ‘Q’ Place, Tulare CA 93274. On November 9, 2022, Property Owner applied for building permits accompanied by building plans to begin construction of the project.

8.56.080 Payment of fees.

(B) Fees imposed on non-residential development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal;
(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years;
(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project;
Item #: 10.7
Consent
(4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and
(5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

The value of this project will generate new construction sales tax. The Property Owner, when possible, will employ a local contractor who commits to using local subcontractors.

Additionally, a percentage of all construction materials associated with the project will be purchased locally when possible.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
Notice of Completion have been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Would delay issuance of the building permit and construction of the proposed project.

3. Table – Would delay issuance of the building permit and construction of the proposed project.

ATTACHMENTS

1. Development Impact Fee Deferral Resolution

2. Agreement for Issuance of Building Permits and Deferral of Payment of Impact Fees Reviewed/Approved:

RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

APPROVING A DEFERRAL OF DEVELOPMENT IMPACT FEES PURSUANT TO SECTION 8.56.080 OF THE TULARE MUNICIPAL CODE
WHEREAS, Property Owner, Magic Wave Car Wash, LLC. has submitted plans and specifications and applied for associated permits for a development project (the “Project”) located at the southeast corner of Bardsley Avenue and South Q Street; and WHEREAS, as a condition of receiving the required permits to commence construction on the Project, Property Owner must agree to pay the required development impact fees in the sum of $50,801.25, which includes police, fire, general government, wastewater, water, groundwater recharge, and transportation impact fees which have been set by Resolution of the City Council and in conformity with California Government Code Section 66001 et seq.; and
WHEREAS, City Council has made determination the project will promote and stimulate economic development within the city; and
WHEREAS, Property Owner has requested, and City Council approved on December 5, 2023, a four-year development impact fee deferral; and WHEREAS, Property Owner shall pay $10,160.25 which represents twenty percent (20%) of the Total development impact fees due and owing at the time of issuance of the building permits on the project; and
WHEREAS, Property Owner shall pay the remaining outstanding eighty percent (80%) balance of $40,641.00 in equal installments of $10,160.25, plus interest on or before December 30 of the consecutive years 2024, 2025, 2026, and 2027.

WHEREAS, Property Owner shall execute an Agreement, which shall be recorded in the office of the County Recorder of Tulare County and, from the date of recordation, shall constitute a lien for the payment of the fee, which shall be enforceable against successors in interest to the Property owner or lessee at the time of issuance of the building permit; and
WHEREAS, a determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

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

Section 1. The request by Magic Wave Car Wash, LLC. for a deferral of project related development impact fees in the sum of $40,641.00 under section

8.56.080 of the Tulare Municipal Code is hereby approved.

Resolution 2023-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED on this 5th day of December 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:

CITY OF TULARE

CITY CLERK
411 E. KERN AVE.

TULARE, CA 93274
No Recording Fee G.C. 6103
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CITY OF TULARE

AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND

DEFERRAL OF PAYMENT OF IMPACT FEES
(Non-Residential)
This agreement is entered into this ____ day of December 2023, by and between the City of Tulare hereinafter called the “City” and Magic Wave Car Wash, LLC., hereinafter called “Property Owner”.

RECITAL
WHEREAS, Property Owner owns real property situated in the City of Tulare, County of Tulare, described in Exhibit “A” attached and incorporated by reference, which is located at 1012 South ‘Q’ Place Tulare, CA 93274 (APN 181-070-067); and WHEREAS, Property Owner intends to construct a commercial development on said property; and
WHEREAS, Property Owner has filed, and the City has approved Site Plan Review No. 21-47 for construction of a car wash on said property hereinafter called the “Project”; and
WHEREAS, by virtue of City Resolution No. 08-90, adopted on October 7, 2008, Property Owner is obligated to pay Impact Fees for the Project; and WHEREAS, Property Owner has submitted building plans and has requested that the City issue building permits for construction of the Project and has requested a deferment of payment of said impact fees for a four-year time period; and WHEREAS, on December 5, 2023, the Tulare City Council adopted Resolution 2023-_____ approving a four-year development impact fee deferral in favor of Property Owner.

NOW, THEREFORE, in consideration of the premises, the issuance of said permits and promises and covenants herein contained, the undersigned agree as follows:

1. Deferment of payment of the impact fees shown on Exhibit “B” is hereby granted and Property Owner hereby promises to pay to the City the full amount of said fees, without reduction or offset, over a four-year time period as follows:

Payment of $10,160.25 which represents twenty percent (20%) of the total development impact fees due and owing at the time of issuance of the building permits on the project; and
Payment of the remaining outstanding eighty percent (80%) balance of $40,641.00 in equal installments of $10,160.25, plus interest on or before December 30th of the consecutive years 2024, 2025, 2026 and 2027.

2. Should the Property Owner fail to comply with the provisions of Paragraph 1 above, the City is hereby granted a statutory lien as to the full amount of the impact fees show on Exhibit “B”, pursuant to Civil Code Sections 2884, et seq., with all the rights of a lien or therein set forth.

3. Property Owner shall indemnity, defend and hold free and harmless the City, its officers, employees and agents from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses for legal services, arising from or out of the construction of the Project or the issuance of building permits as requested by the Property Owner.

4. To further assure the City of Property Owner’s promises herein contained, the Property Owner agrees that this agreement may be recorded in the office of the Tulare County Recorder against the property on which the Project is to be constructed.

5. In the event legal action is undertaken by either party to enforce the terms of this agreement, or to remedy the breach thereof, the prevailing party in such action shall be entitled to an award of its attorney’s fees and costs.

6. The obligations of the Property Owner provided in this Agreement are joint and several and shall be binding upon his heirs, successors, assigns and transferees.

7. The foregoing obligations of the Property Owner shall burden the property described and constitute a covenant running with the land in favor of and for the benefit of the City of Tulare and its property, shall be enforceable thereby, and shall be binding upon the successor, assigns, transferees, and heirs of Property Owner.

CITY OF TULARE ATTEST

City Manager Deputy City Clerk

PROPERTY OWNER
Magic Wave Car Wash, LLC

Jaswinder Singh
President

EXHIBIT “A”
PARCEL NO. 11 OF PARCEL MAP 4770 IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 48, PAGE 75

OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT “B”

DEVELOPMENT IMPACT FEE
(COMMUNITY COMMERCIAL)

TOTAL FEES
Transportation Impact Fee $9,871.08
Groundwater Recharge Impact Fee $2,938.89
Sewer Facility Impact Fee $11,260.00
General Government Impact Fee $1,453.88
Water Facility Impact Fee $23,747.00
Fire Station Impact Fee $1,300.84
Police Facility Impact Fee $229.56
Library Facility Impact Fee N/A
Storm Drainage Impact Fee N/A
Park Facility Impact Fee N/A
=
BLD-22-25692
7,652 SF BUILDING
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Oakcrest Subdivision Phase 1 Notice of Completion

RECOMMENDED ACTION
Accept the required public works improvements for Oakcrest Phase 1 subdivision located on the north side of Tulare Avenue ½-mile west of West Street as complete; authorize the City Engineer to sign a Notice of Completion (NOC); and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office.

SUMMARY
On April 20, 2022, City Council conditionally approved the final map for Oakcrest Phase 1 subdivision, which created 115 single-family residential lots, as shown in the attached exhibit.

The overall subdivision comprises approximately 25.9 acres and consists of 119 lots.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The City’s standard Notice of Completion format has been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Not approving the NOC would prevent residents from occupying their recently purchased homes.

3. Table – A delay in the City accepting the improvements would prevent residents from occupying their recently purchased homes.

ATTACHMENTS

1. Notice of Completion

2. Oakcrest subdivision final map
Reviewed/Approved:

Item #: 10.8
Consent
RECORDING REQUESTED BY:

City of Tulare

WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4 1 1 East Kern Avenue
Tulare, CA 9 3 2 7 4 -4257
P URSUANT TO GOVERNMENT CODE SECTION 6 10 3 ,
NO RECORDING FEE REQUIRED.

N O T I C E O F C O M P L E T I O N

NOTICE IS HEREBY GIVEN THAT:

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

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

3. On the 5h day of December 2023, a work of improvement on real property hereinafter described was completed by D.R. Horton CA3, Inc., a Delaware Corporation, the Subdivider of record, whose address is 419 West Murray Avenue, Visalia, CA 93291.

4. The name of the surety for the work of improvements is Liberty Mutual Insurance Company, 175 Berkeley St, Boston, MA, 02116.

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

Public Works Improvements for Phase 1 of the Oakcrest subdivision.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on December 5, 2023.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

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

Executed on ________________________ , 2023 at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Right of Way Dedication and Public Utility Easement Dedication for Industrial Avenue and Industrial Place (SP22-013)

RECOMMENDED ACTION
Accept a public utility easement and grant deed associated with the Industrial Avenue Shell Buildings development project (Site Plan Review No. SP22-013) and authorize the City Manager or his designee to sign Certificates of Acceptance for same.

SUMMARY
Site Plan Review No. SP22-013 addresses Planning, Building and Engineering requirements for the development of an industrial shell building project located at the northwest corner of Industrial Avenue and Industrial Place. The project includes the installation of sidewalk on the north side of Industrial Avenue and the west side of Industrial Place, surface water improvements, water and sewer service modifications, and improvements on the northwest side of the intersection of Industrial Avenue and Industrial Place.

The development also requires dedication of a public utility easement along the project’s Industrial Place frontage by way of a Grant of Easement from CNS Real Estate, LLC, a California Limited Liability Company.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The exhibits, Grant Deed, and Grant of Easement will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approving the proposed property acquisition with changes or additional conditions could require revision of the Grant Deed, Grant of Easement, or associated legal descriptions and exhibits, which could delay the project construction start date.

2. Denying the required dedications would prevent construction of conditionally required improvements and affect the ability of utility companies to locate their facilities along the west side of Industrial Place.

3. Tabling the acceptance of the required dedications could delay the project’s finalization and occupancy date.

Item #: 10.9
Consent

ATTACHMENTS

1. Grant of Easement – Public Utility Easement

2. Grant Deed – Right of Way Dedication
Reviewed/Approved:

RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA93274-4257
MAIL TAX STATtrMENTS TO PARTY LISTED ABOVE
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDER'S USE Grant of Easement

THE TJNDERSIGNED GRANTOR(S) DECLARE(S)

DOCUMENTARY TRANSFER TAX IS S NONE
X City of Tulare Parcel No.: 191-320-017
I Computed on full value of interest or property conveyed, or ! Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
CNS Reol Estate, LLC, a California limited liabilitv companv (ooGrantor") Hereby GRANT(S) to the City of Tulareo a Municipal Corporation ("Grantee"), an easement for Public Utility purposes over the real property in the City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT 'A' FOR LEGAL DESCRIPTION AND EXHIBIT 'B' FOR PLAT Date q- 1l-23
Grantor: CNS Real LLC
By:
(ClintAndrewRussell) (President)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validiW of that document.

State of California
County of Tulare
)
) S.S.

On a\rr\ro?3 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/trer/their authorized capacity(ies), and that by his/her/their signaturc(s) on thc instrumcnt the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

A{EAGHAN BAKER
WITNESS my hand and official seal. Notary Public , C!lifornla Tulare Counw
Conmisston t zzistot
Signature of Notary Public (Seal)
ffi, Comm. Dec 10, 2023
EXHIBIT "A''
That portion of lot 6 of Parcel Map No. 4656, in the City of Tulare, County of Tulare, State of California, according to the map thereof filed in Book 47, Page 61, Tulare County Records, described as follows:

The Easterly 6.00 feet.

Contains an area of:1921Sq. Ft., more or less
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EXISTING RIGHT-OF-WAY

STREET CENTERLINE

EXISTING LOT LINES

INDICATES AREA OF PUBLIC UTILITY

EASEMENT DEDICATION
AREA: 1921 SQ. FT.

P.U.E. PUBLIC UTILITY EASEMENT I - / :toeb
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EXHIBIT "B''

PUBLIC UTILITY EASEMENT
NO. ___--_
DR. BY
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DATE
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SHEET NO. OF 1 SHEETS
EXHIBIT ,'8,'

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant of Easement dated September 11, 2023, from CNS Real Estate, LLC, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on December 5, 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
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4l I East Kern Avenue
Tulare, CA93274-4257

MAIL TAX STATEMENTS TO PARTY LISTED ABOVE
USE

THE LTNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ NONE
X City of Tulare Parcel No.: I ql -?ro_n1?
I Computed on full value of interest or property conveyed, or I Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
CNS Real Estate, LLC. s California limited lisbilin comnanv ("Grantor") Hereby GRANT(S) in fee interest to the City of Tulareo a Municipal Corporation ('oGrantee"), for the real properfy in The City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT 'AO FOR LEGAL DESCRIPTION AND EXHIBIT'B' FOR PLAT.

Date:

Grantor:

By:

CNS Real LLC
(Clint Andrew Russell) (President)
Date:

Grantor:

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

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

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

WITNESS my hand and official seal. t
t
of Notary Public (Seal)
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PARCEL LINE TABLE
LrNE# lENGTH DIRECTION
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INDICATES AREA OF RIGHT_OF-WAY
DEDICATION FOR S]REET PURPOSES
AREA: 86 SQ. FT.

POB POINT OF BEGINNING

CURVE TABLE

CURVE RADIUS LENGTH DELTA
c1 20.00' 31.42' 90'00' 00"
il- /- ZoLJ

CITY OF TULARE FUND NO,-
PROJ. ID.

PROJ. ID.
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DR. BY
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DATE
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JOB NO.

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EXHIBIT ..A''
APN: 1 91-320-01 7 (PORTION)

RIGHT OF WAY DEDICATION
That portion of lot 6 of Parcel Map No. 4656, in the City of Tulare, County of Tulare, State of California, according to the map thereof filed in Book 47, Page 61 , Tulare County Records, described as follows:

Beginning at the Southeast corner of lot 6 of Parcel Map No. 4656; Thence 576" 20' 07'W along the southerly line of lot 6; a distance of 20.00 feet to the beginning of a tangent curve, concave Northwesterly having a radius of 20.00 feet and through a central angle of 90' 00' 00"; thence along said curve a distance of 31.42 feet to the east line of lot 6; Thence s13' 39' 53"E for 20.00 feet to the point of beginning.

Contains an area of: 85 Sq. Ft., more or less
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Page 1 of 1 ends

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated November 21, 2023, from CNS Real Estate, LLC, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on December 5, 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 Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Chandler Grove Master Plan and Annexation Project

RECOMMENDED ACTION
Adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2020-01 (East Tulare No. 36 – Chandler Grove) and detachment of the property from County Service Area No. 1; adopt a resolution approving General Plan Amendment No. 2022-04 to implement the City’s adopted COS North Transit Oriented Development Plan and establish land use designations for areas of the project site as Low Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Public / Quasi Public and Parks and Recreation; pass to print an ordinance approving Zone Amendment No. 743, pre-zoning the subject property to the R-1-5 (Singlefamily Residential, 5,000 sq. ft. minimum lot area), (RM-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), RM-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zoning designations; and adopt a resolution certifying the Final Environmental Impact Report with appropriate Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program prepared for the Chandler Grove Master Plan and Annexation Project.

SUMMARY
This is a request by Arun Toor on behalf of AST LLC. to annex into the City limits approximately 863 acres of which 231 acres is considered the “Project Site” and is planned for future development. The applicant has proposed a master plan for the project site that is intended to implement to the requirements of the City of Tulare adopted COS North Transit Oriented Development (TOD) Plan. Development is proposed to consist of a mixed-use development that would consist of low, medium, and high-density residential units, a central park, a neighborhood commercial center, a potential school site and other related improvements.

As part of the project the applicant is proposing to establish general plan land use designations and pre-zoning to implement the proposed master plan and COS North TOD Plan. The applicant is not proposing specific development at this time. As such, the Environmental Impact Report (EIR) for the project analyzes the project based upon maximum densities allowed by proposed zoning and allowed uses within the zone. The EIR analyzed the development of 1,197 total units of low, medium and high density residential on approximately 163.1 acres, a neighborhood commercial center on approximately 10.8 acres, a 4.9-acre school site and other improvements such as parks, stormwater detention areas, as well as trails for recreation.

Upon annexation into the City limits, additional entitlement and site plan review applications will be required to be reviewed and approved prior to development. However, if specific proposed development remains consistent with the zoning and land use established and within Item #: 11.1
Public Hearing
the scope analyzed by the EIR prepared for the project, any additional environmental analysis would be minimal and timelines for approval would be expedited.

Annexation
The project proponents are requesting to annex approximately 863-acres into the City limits.

Of this area, approximately 231-acres are owned by the project proponent and proposed for future development. The remaining area is owned by the College of the Sequoias Community College District and the Kaweah Delta Water Conservation District. The project site is located immediately adjacent to the existing City limit and currently consists of mainly orchards.

If approved, the annexation will result in the formation of a county island, wholly surrounded by the City limits. This island will be approximately 40-acres, located on the southwest corner of Bardsley Avenue and the Oakmore Street alignment. However, City staff have received a separate annexation application for the annexation of this property which is currently being processed and is on track to be brought for discretionary review and approval in 2024. Staff believes that it can be found that the project meets the requirements to waive the restrictions of Government Code Section 56744 (limit on creating county islands) by finding that the restrictions would be detrimental to the orderly development of the community and that the area that would be enclosed by the annexation or incorporation is so located that it cannot reasonably be annexed to another city or incorporated as a new city consistent with Government Code Section 56375(m).Staff has reviewed the proposed annexation and determined it to be consistent with Chapter 10.26 – Annexations, of the City of Tulare Municipal Code.

At the request of the Tulare County Local Agency Formation Commission (LAFCO), City staff have met or communicated with representatives of College of the Sequoias and the Kaweah Delta Water Conservation District to determine their interest and willingness for land owned and managed by those entities to be included within the proposed annexation. After discussions, both entities were in support of or willing to have these lands included in the annexation. This includes approximately 632-acres of the proposed annexation area.

The COS North land use concept was included in the General Plan for illustrative purposes.

The actual layout of the development is to be determined by future site planning. However, Land Use Element Policy P8.1 in General Plan 2035 calls for the City to implement a TOD land use pattern in the same spirit as the COS North land use concept.

Zone Amendment
The area proposed for annexation is currently subject to the County’s zoning requirements and is zoned AE-40 (Agricultural Exclusive, 40-acre minimum parcel size). The applicant is proposing to pre-zone the project site to the City’s zoning to become effective upon annexation into the City limits of the City of Tulare. Proposed zoning designations of the project site are C3 (Retail Commercial), R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands). The proposed Zone Amendment is consistent with the goals and objectives of the City’s General Plan, including the proposed General Plan Amendment associated with the project and the COS North Transit Oriented Development Plan.

On October 23, 2023, the Planning Commission voted 3-0 (with two members absent) to recommend that the City Council approve Annexation No. 2020-01 (East Tulare No. 36), General Plan Amendment No. 2022-04, Zone Amendment No. 743, and certification of the EIR prepared for the project.

FISCAL IMPACT & FUNDING SOURCE(S)
The proposed action will not have any immediate financial impact. As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

It is recommended that future action be taken to amend the City’s development impact fee program to add longer term infrastructure improvements specifically related to traffic to the program.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – If denied, the proposed annexation area would remain within the jurisdiction of Tulare County and the “Project Area” would remain subject to the County’s AE-40 (Agricultural Exclusive, 40-acre minimum parcel size) zoning designation.

3. Table

ATTACHMENTS

1. Resolution – Annexation

2. Resolution – General Plan Amendment

3. Resolution – EIR Certification

4. Ordinance – Zone Amendment

5. Planning Commission Package

6. Final EIR (available as separate electronic file)

7. Findings, Statement of Overriding Considerations (available as separate electronic file)

8. Draft EIR (available as separate electronic file)

9. EIR Appendices (available as separate electronic file) Reviewed/Approved:

RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

REQUESTING THE TULARE COUNTY LOCAL AGENCY FORMATION
COMMISSION TO TAKE PROCEEDINGS FOR ANNEXATION NO. 2020-01 (EAST TULARE NO. 36 – CHANDLER GROVE) AND DETACHMENT OF THE PROPERTY FROM COUNTY SERVICE AREA NO. 1
WHEREAS, the City Council of the City of Tulare, desires to initiate proceedings for annexation to said city of territory described on the attached legal description; and WHEREAS, the City Council of the City of Tulare at a regular meeting on December 5, 2023 held a public hearing to consider a request by Arun Toor on behalf of AST LLC. to annex approximately 863-acres into the city limits of the City of Tulare. The project is generally located on the northeast corner of Bardsley Avenue and Oakmore Street; and
WHEREAS, the City Council of the City of Tulare desires to annex said territory to the City of Tulare for the following reasons: The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and
WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Code of the State of California; and,
WHEREAS, the proposed annexation will create a temporary county island located at the southwest corner of Bardsley Avenue and the Oakmore Street alignment; and
WHEREAS, a finding can be made by the Tulare County Local Formation Commission that the project meets the requirements to waive the restrictions of Government Code Section 56744 by finding that the restrictions would be detrimental to the orderly development of the community and that the area that would be enclosed by the annexation or incorporation is so located that it cannot reasonably be annexed to another city or incorporated as a new city consistent with Government Code Section 56375m; and
WHEREAS, even after the implementation of mitigation measures, significant and unavoidable cumulative impacts would remain to agricultural resources, air quality, greenhouse gas emissions and transportation as a result of development of the Project, in combination with other cumulative development in the project vicinity; and Resolution 2023-XX

Page 2 ends

WHEREAS, the City Council certified the Final Environmental Impact Report with appropriate Findings, and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program prepared for the Chandler Grove Master Plan and Annexation Project.

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

Section 1. That the Council of the City of Tulare hereby authorizes application to be made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory illustrated in the map attached as Exhibit ‘A’.

Section 2. In conjunction with the proceedings being taken for this annexation proposal application is also hereby authorized to be made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California for detachment from County Service Area No. 1.

Section 3. That upon annexation, the territory shall be zoned C-3 (Retail Commercial), R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) consistent with Zone Amendment No. 743.

PASSED, APPROVED, AND ADOPTED on this 5th day of December 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ADOPTING GENERAL PLAN AMENDMENT NO. 2022-04
WHEREAS, the Tulare City Council at a regular meeting on December 5, 2023, held a public hearing to consider amending the City of Tulare General Plan land use designation to implement the City-adopted COS North Transit Oriented Development Plan and establish the Low Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Public / Quasi Public and Parks and Recreation land use designations on lands associated with the Chandler Grove Master Plan and Annexation Project and generally located on the northeast corner of Bardsley Avenue and Oakmore Street; and
WHEREAS, the Tulare City Council has determined that the proposed amendment is in the public interest; and
WHEREAS, the Tulare City Council determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and
WHEREAS, the Tulare City Council determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety, or welfare; and
WHEREAS, the Tulare City Council determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).

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

Section 1. General Plan Amendment No. 2022-04 is hereby adopted and will be reflected on the General Plan Land Use Map.

PASSED, APPROVED, AND ADOPTED on this 5th day of December 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND ADOPTING CEQA

FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR ANNEXATION NO. 2020-01 (EAST TULARE NO. 36 – CHANDLER GROVE), GENERAL PLAN AMENDMENT NO. 2022-04, AND ZONE AMENDMENT NO. 743 FOR THE

CHANDLER GROVE MASTER PLAN AND ANNEXATION PROJECT
WHEREAS, the Council of the City of Tulare at a regular meeting on December 5, 2023 held a public hearing, received public testimony, and considered a request by Arun Toor on behalf of AST LLC., for General Plan Amendment No. 2022-04, Annexation No. 2020-01 (East Tulare No. 36 – Chandler Grove), and Zone Amendment No. 743, to annex into the City limits approximately 863-acres for a planned multi-use commercial and residential development, the Chandler Grove Master Plan and Annexation Project (Project); and
WHEREAS, an environmental impact report (EIR) was prepared for the Chandler Grove Master Plan Project pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines; and
WHEREAS, the Final EIR responds to all comments received during the public review period in accordance with CEQA Guidelines Section 15088; and WHEREAS, the Tulare City Council has determined that the responses to comments in the Final EIR do not involve any new significant impacts or significant new information that would require recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5; and
WHEREAS, mitigation measures are included in the Project’s Mitigation Monitoring and Reporting Program to mitigate the potential impacts of the Project on the environment to the extent feasible, and are included as conditions of approval for the EIR and the Project; and
WHEREAS, even after the implementation of mitigation measures, significant and unavoidable cumulative impacts would remain to agricultural resources, air quality, greenhouse gas emissions and transportation as a result of development of the Project, in combination with other cumulative development in the project vicinity; and WHEREAS, the City of Tulare Planning Commission, at a meeting held on October 23, 2023, voted 3-0 (2 members absent) to recommend that the Tulare City Council certify the Final EIR, adopt the CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program in support of the Project; and
Resolution 2023-XX

Page 2 ends

WHEREAS, the Final EIR was presented to the Tulare City Council, the decisionmaking body of the lead agency, which reviewed and considered the information in the Final EIR; and
WHEREAS, the Tulare City Council has determined that based on the entire record and the EIR, the economic and social benefits of the project in Tulare, consistent with Goals and Policies in the City’s General Plan, outweigh and override any significant unavoidable environmental impacts that would result from future project implementation; and
WHEREAS, the Tulare City Council determined that the EIR, Findings pursuant to CEQA Section 15091, and Statement of Overriding Considerations pursuant to Section 15093, reflect the independent judgement of the City of Tulare, as lead agency under CEQA.

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

Section 1. The Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, CEQA Findings, and Statement of Overriding Considerations prepared in support of General Plan Amendment No. 2022-04, Annexation No. 2020-01 (East Tulare No. 36 – Chandler Grove), and Zone Amendment No. 743, to Pre-Zone approximately 863 acres upon annexation, for the Chandler Grove Master Plan and Annexation Project, is hereby adopted.

PASSED, APPROVED, AND ADOPTED on this 5th day of December 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
ORDINANCE 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE

AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION

10.04.04 OF SAID CODE ZONE AMENDMENT NO. 743
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that an Environmental Impact Report has been prepared in accordance with the California Environmental Quality Act.

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

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

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

PRE-ZONING approximately 863-acres of property to the following zoning designations in order to implement the City of Tulare adopted COS North Transit Oriented Development Plan and the General Plan: R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zone district to become effective upon annexation into the City limits and is generally located on the northeast corner of Bardsley Avenue and Oakmore Street as set forth more specifically on said map.

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

SECTION 3. 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.

ORDINANCE 2023-XX

Page 2 ends

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 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Acceptance of Revised Tentative Parcel Map No. 2022-06 for the Fulton Estates Development

RECOMMENDED ACTION
Conditionally approve revised tentative parcel map No. 2022-06 for the Fulton Estates development project, accept all easements offered thereon to the City, and conditionally reject, until later accepted by a separate resolution of the City Council, irrevocable offers of dedication to the City for Oakmore Street (Road 124) and Tulare Avenue (S.R, 137), subject to receipt of the signed parcel map, all fees, and other required items prior to February 3, 2024.

SUMMARY
The Tulare Parcel Map Committee adopted Resolution No. 848 on January 30, 2023, approving Tentative Parcel Map No. 2022-06 for the Fulton Estate development located on the northwest corner of Hwy 137 (Tulare Avenue) and Oakmore Street (Road 124). The overall project comprises approximately 37 acres. The proposed parcel map will create four (4) parcels for residential use to be further subdivided at a later date as phases of the Fulton Estates subdivision, and one remainder lot that is zoned for commercial development.

To expedite the parcel map approval process, Council conditionally approved Tentative Parcel Map No. 2022-06 on November 21, 2023, subject to receipt of the signed map, all fees, and other required items within 60 days. That approval action also included acceptance of all easements and dedications offered to the City in accordance with the conditions of Tulare Parcel Map Committee Resolution No. 848. The conditions of approval of the parcel map required the Subdivider to dedicate additional right-of-way for Oakmore Street to the City, and for Tulare Avenue (State Route 137) to the State of California. While dedications to the City are typically accomplished by calling out the dedication on the recorded parcel map, dedications to the State of California have previously been done by a separate instrument between the Subdivider and State of California with the resulting recorded document referenced on the parcel map. Such was the case for the Tulare Avenue dedication on Tentative Parcel Map No. 2022-06 when it was conditionally approved by Council on November 21, 2023.

Item #: 12.1
General Business

FISCAL IMPACT & FUNDING SOURCE(S)
Additional costs resulting from staff time and consultant services would likely be incurred by the City to complete future right-of-way transfer to the State of California.

General Fund (G/L #008-4630-1021) Regular Salaries - $TBD General Fund (G/L #008-4630-2017) Professional/Technical Services - $TBD

LEGAL REVIEW
The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in a delay to the approval of the Tentative Parcel Map No. 2022-06, which may jeopardize the subsequent development of the Fulton Estates subdivision due to the Subdivider’s inability to meet deadlines related to the sale of property.

2. Deny – Council conditionally approved Tentative Parcel Map No. 2022-06 on November 21, 2023. Should Council opt to deny the revised tentative parcel map incorporating the Subdivider’s request to dedicate Tulare Avenue (State Route 137) right-of-way to the City as opposed to the State of California directly, subsequent development of the Fulton Estates subdivision may be jeopardized due to the Subdivider’s inability to meet deadlines related to the sale of property.

3. Table – Delay resulting from tabling this item may be jeopardize the subsequent development of the Fulton Estates subdivision due to the Subdivider’s inability to meet conditions related to the sale of property.

ATTACHMENTS

1. Tulare Parcel Map Committee Resolution No. 848

2. Revised Tentative Parcel Map No. 2022-06 Exhibit
Reviewed/Approved:

Staff Report
Meeting: City Council
Date: December 5, 2023
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director Agenda Title: Annual ROPS and Administrative Budget

RECOMMENDED ACTION
Adopt a resolution approving and adopting the recognized obligation payment schedule for the July 1, 2024 through June 30, 2025 period and the Fiscal Year 2024-25 Administrative Budget.

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

The ROPS must be approved by the Oversight Board to the Successor Agency (“Oversight Board”) and submitted to the California Department of Finance (“DOF”). The ROPS for the period July 1, 2024 through June 30, 2025 (“24-25”), attached as Exhibit “A,” is due to DOF by February 1, 2024. A copy of the ROPS must also be submitted to the Tulare County AuditorController (“Auditor-Controller”) and the State Controller’s Office and posted on the City’s website.

City-Redevelopment Agency Loan (Item 12)
The City and the Former RDA entered into a Loan Repayment Agreement (“Agreement”) on April 20, 2010, which was subsequently amended on June 29, 2010, February 1, 2011, and Item #: 13.1
Successor Agency
March 9, 2011 (“Third Amendment”). In order to assist the Former RDA in carrying out its redevelopment activities, the City advanced funds to the Former RDA from time to time in accordance with cooperation agreements for individual redevelopment projects. The Third Amendment formally acknowledged the amount of outstanding advances and established formal repayment terms for the Agreement (“City-RDA Loan”).

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

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

The County approved Fiscal Year 2012-13 residual RPTTF is $2,502,897. Although the Successor Agency disputes this value and believes it should be $1,524,880, for the purpose of our estimates we are assuming the Fiscal Year 2012-13 residual RPTTF will be $2,502,897.

The Fiscal Year 2023-24 residual RPTTF is projected to be approximately $2.6 million, resulting in a maximum payment of approximately $53,342:
$2,609,580 - $2,502,897 = $106,683 / 2 = 53,342
The actual FY 2024-25 City-RDA Loan payment cannot be calculated until after the January 2024 RPTTF distribution, which was unavailable at the time the ROPS was prepared. The ROPS requests $600,000 in case the actual amount of residual RPTTF distributed in January 2024 permits a higher loan repayment amount.

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

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

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

Cash Balances
The Report of Cash Balances shows cash balance activity in FY 2021-22. Funds are being spent in a timely manner and consistent with the approvals of the Oversight Board and DOF.

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

FISCAL IMPACT & FUNDING SOURCE(S)
ROPS 23-24 must be approved by the Successor Agency and Oversight Board and submitted to the State Department of Finance (“DOF”) by February 1, 2024 for the Successor Agency to receive RPTTF, administered by the Tulare County Auditor-Controller (“Auditor-Controller”), and pay enforceable obligations during the ROPS 24-25 period. If the ROPS is not submitted on time, the Successor Agency may be subject to a $10,000 penalty per day.

LEGAL REVIEW
Not applicable.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution
Reviewed/Approved:

RESOLUTION 2023-01

A RESOLUTION OF SUCCESSOR AGENCY TO THE FORMER TULARE

REDEVELOPMENT AGENCY ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE JULY 1, 2024 THROUGH JUNE 30, 2025 PERIOD AND THE FISCAL YEAR 2024-25 ADMINISTRATIVE BUDGET
WHEREAS, the City of Tulare elected to serve as the Successor Agency to the former Tulare Redevelopment Agency (“Successor Agency”) pursuant to Assembly Bill x1 26 (“ABx1 26”) as codified in the California Health & Safety Code (“HSC”); and WHEREAS, ABx1 26 was amended by Assembly Bills 1484 and 471 and Senate Bill 107 (collectively, the “Dissolution Act”); and
WHEREAS, among the duties of successor agencies under the Dissolution Act as amended is the preparation of an annual Recognized Obligation Payment Schedule (“ROPS”), per HSC Section 34177 (I), that includes the ensuing two six-month periods for consideration by an oversight board and the California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the former Redevelopment Agency; and
WHEREAS, HSC Section 34177 (I) further requires that the proposed ROPS be transmitted to the oversight board, after which time the oversight board may approve the ROPS and the Successor Agency’s transmittal of the adopted ROPS to DOF, the County Auditor-Controller, and the State Controller’s Office for their consideration; and WHEREAS, the Tulare County Consolidated Oversight Board ("Oversight Board"), formed July 1, 2018, has jurisdiction over the Successor Agency; and WHEREAS, the proposed ROPS 24-25 covering Fiscal Year 2024-25, attached hereto as Exhibit “A”, has been prepared and is consistent with the provisions of the Dissolution Act and in the format made available by DOF; and WHEREAS, the Successor Agency is required to prepare an annual administrative budget and submit it to the Oversight Board per HSC Section 34177 (j); and
WHEREAS, the Successor Agency prepared the Fiscal Year 2024-25 Administrative Budget in accordance with the Dissolution Act, attached hereto as Exhibit “B”; and
WHEREAS, the Oversight Board will review the ROPS 24-25 and Administrative Budget on January 12, 2024; and
WHEREAS, the Successor Agency desires to approve the ROPS 24-25 and the Fiscal Year 2024-25 Administrative Budget and transmit them to various parties as required by the Dissolution Act.

Resolution 2023-01

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the former Tulare Redevelopment Agency, as follows, to wit:

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

Section 2. The Successor Agency hereby approves and adopts the ROPS 24- 25 covering the period of July 1, 2024 to June 30, 2025 in substantially the form attached hereto as Exhibit A, as required by the Dissolution Act. The Successor Agency accepts changes made by the Consolidated Oversight Board in advance in order to enable the Successor Agency to submit the ROPS 24-25 to DOF by the deadline of February 1, 2024.

Section 3. Pursuant to the Dissolution Act, the Successor Agency approves the Fiscal Year 2024-25 Administrative Budget for the period July 1, 2024 to June 30, 2025 submitted herewith as Exhibit B, which is incorporated herein by this reference.

Section 4. The City Manager or another representative of the Successor Agency is hereby authorized and directed to post a copy of the ROPS 24-25 on the City’s website and transmit a copy of the ROPS 24-25 to the offices of the Tulare County Auditor-Controller, the State Controller’s Office, and the State of California Department of Finance.

PASSED, APPROVED, AND ADOPTED on this 5th day of December 2023.

TERRY A. SAYRE, SUCCESSOR

AGENCY CHAIR
ATTEST:

MARC MONDELL, CITY CLERK /

SUCCESSOR AGENCY SECRETARY
By Melissa Hermann, Chief Deputy City Clerk
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Tulare
County: Tulare
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,505,885 $ - $ 1,505,885 B Bond Proceeds - - -
C Reserve Balance 1,505,885 - 1,505,885
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 708,000 $ 1,285,724 $ 1,993,724 F RPTTF 608,000 1,285,724 1,893,724
G Administrative RPTTF 100,000 - 100,000
H Current Period Enforceable Obligations (A+E) $ 2,213,885 $ 1,285,724 $ 3,499,609 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Tulare
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

OPA/DDA/
Construction
04/21/
2011
07/19/2026 Land 'O
Lakes Inc
Payment
per OPA
Downtown/
Alpine
280,000 N $280,000 - - - - - $- - - - 280,000 - $280,000 6 US Bank Fees 06/30/
2011
08/01/2040 U S Bank Trustee for
bonds
All Areas 68,000 N $4,000 - - - 4,000 - $4,000 - - - - - $- 12 City of
Tulare -
Loan
City/County
Loan (Prior
06/28/11),
Cash
exchange
03/09/
2011
08/01/2040 City of
Tulare
Loan for
various
projects in
project
area
All Areas 15,294,871 N $600,000 - - - 600,000 - $600,000 - - - - - $- 14 Salary &
Benefits,
consultants
and
Attorney
Cost
Admin
Costs
02/01/
2012
06/30/2067 City of
Tulare
Salary and
Benefits,
consultants
and
attorney
costs
All Areas 2,500,000 N $100,000 - - - - 100,000 $100,000 - - - - - $- 21 2017 Tax
Allocation
Refunding
Bonds -
Series A
Refunding
Bonds
Issued After
6/27/12
02/01/
2017
08/01/2040 U S Bank Bonds
issued to
refund
2010
bonds
All Areas 10,227,475 N $889,900 - 753,500 - - - $753,500 - - - 136,400 - $136,400 22 2017 Tax
Allocation
Refunding
Bonds -
Series B
Refunding
Bonds
Issued After
6/27/12
02/01/
2017
08/01/2040 U S Bank Bonds
issued to
refund
2010
bonds
All Areas 10,915,544 N $903,847 - 752,385 - - - $752,385 - - - 151,462 - $151,462 23 Reserve
for 2017
Tax
Allocation
Refunding
Bonds -
Series A
Reserves 02/01/
2017
08/01/2040 U S Bank Reserve
for next
period's
debt
service
payment
All Areas 10,227,475 N $301,400 - - - - - $- - - - 301,400 - $301,400 24 Reserve
for 2017
Tax
Allocation
Refunding
Bonds -
Series B
Reserves 02/01/
2017
08/01/2040 U S Bank Reserve
for next
period's
debt
service
payment
All Areas 10,915,544 N $416,462 - - - - - $- - - - 416,462 - $416,462 25 2017 Fees 02/01/ 08/01/2040 City of Continuing All Areas 17,000 N $1,000 - - - 1,000 - $1,000 - - - - - $-

A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
Bonds
Continuing
Disclosure
2017 Tulare Disclosure
prepared
by City
staff
26 LRPMP
Property
Disposition
Costs
Property
Dispositions
07/01/
2021
06/30/2022 RSG; Craig
Smith &
Associates;
Troy Guy -
Broker;
Anderson
Real
Estate
Group
Broker
opinions of
value and
other costs
of property
disposition
not paid
from sale
proceeds
All Areas 3,000 N $3,000 - - - 3,000 - $3,000 - - - - - $- Tulare
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
1,525,547 534,724 480,794 (E): $206,700 + $508,812 (Other Funds) + $741,049 in 2017 TAB Reserve RPTTF
Payments + $68,986 held for ROPS 22-23
Item #23; (F): $190,221 in OF for ROPS
21-22 Item #12 + $344,503 in OF for ROPS
22-23 Item #23; (G): $225,909 in 18-19 PPA
for ROPS 21-22 + $254,885 in 19-20 PPA for
ROPS 22-23;
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
2,373,715 (F): $0 interest income accounting for
unrealized GASB per Trial Balance; (G):

RPTTF Distribution approved by DOF
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
1,456,561 190,221 794,050 (E): $206,700 + $508,812 (Other Funds) + $741,049 in 2017 TAB Reserve RPTTF
Payments; (F): $190,221 in OF for ROPS
21-22 Item #12; (G): $794,050 in approved
ROPS 21-22 expenditures excluding reserves
for ROPS 22-23;
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
68,986 344,503 1,729,487 (E): $68,986 for ROPS 22-23 Item #23; (F):
$344,503 in Other Funds for ROPS 22-23
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Non-Admin
and Admin
distributed as reserve for future period(s) Item #23; (G): $254,885 in 19-20 PPA for ROPS 22-23 + $205,700 and $1,268,902 in
RPTTF Reserves for 2017 TAB payment in
ROPS 22-23;
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 330,972 21-22 PPA
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $-
Tulare
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
4 6
12 14
21 22
23 24
25 26
Expense Category Responsibility Budget
Amount
Personnel Costs
City Manager Department • Provide direction to other staff and consultants as needed $ 10,400 City Attorney Department • Provide general legal services as needed • Review staff reports and resolutions 6,700
Finance Department
• Process payment of enforceable obligations
• Maintain documentation of Agency records
• Coordinate with consultant to answer questions and provide documentation as requested by Oversight Board, County
Auditor-Controller, and Department of Finance
12,100
Successor Agency Staff • Administration and implementation of Agency wind-down 20,800 Total Personnel Costs $ 50,000
Services
Consultants
• Prepare ROPS, PPA, staff reports, and resolutions
• Assist with calculations for and administration of the Land O' Lakes Owner Participation Agreement
• Coordinate with and answer questions for Oversight Board, County Auditor-Controller, and Department of Finance
• Monitor and project cash flow to ensure sufficient revenues for obligations and to inform Agency staff of expected
revenues
$ 25,000
Financial Services • Audits and other financial services as needed $ 25,000 Total Services Costs $ 50,000
Total Budget
Total Budget Costs $ 100,000

ATTACHMENT B
Successor Agency to the Tulare Redevelopment Agency
Administrative Budget
July 1, 2024 – June 30, 2025
Item#: 15.1
Future Agenda Items

COUNCIL ITEM REQUEST FORM
City of Tulare
Agri-Center of the World
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all council members at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.

NAME OF REQUESTING COU�tW,EMBER
Stephen Harrell Y

ITEM TITLE
Formation of Historic Preservation Committee

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM

TODAY'S DATE AGENDA DATE
November15,2023 DecemberS,2023
Historic preservation is a conversation with our past about our future. It provides us with opportunities to ask, What is important in the history of Tulare ? and what parts of our past should we preserve for the future? Historic resources are important community assets:
they provide ways of reaching out and touching, buildings, trees, physical locations that link us to Tulare's historical and cultural heritage.
they help create Tulare's special character and identity the maintenance, rehabiliation, and adaptive reuse of older buildings will create economic benefits to Tulare.

I am asking Council support in developing this committee as a means of protecting our past .

Tulare City CouncilDecember 5, 2023

Tulare City Council
December 5, 2023