Agenda packet — Tulare City Council, April 2, 2024

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, April 2, 2024
6:00 p.m. – Special Meeting
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

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

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

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

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that 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 Tuesday, April 2, 2024 City of Tulare Page 2
NOTICE IS HEREBY GIVEN, pursuant to section 54956 of the California Government Code, that a special meeting of the City Council of the City of Tulare is hereby called.

1. CALL TO ORDER SPECIAL MEETING

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

2.1 Charter Amendment Review, Discussion, and Direction.

Recommended Action: Review and discuss the possibility of adding a measure to the ballot for the November 5, 2024 General Election in order to amend certain sections of the Charter; and provide direction to staff thereto. [M. Zamora & M.

Hermann]

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

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION

6. PROCLAMATIONS & RECOGNITIONS

6.1 Proclamation for National Donate Life Month - April 2024.

6.2 Proclamation for National Public Safety Telecommunicators Week - April 14-20.

6.3 Recognition of Miss Tulare County and Miss Tulare County’s Teen.

6.4 Recognition of Donnette Silva-Carter, Senator Grove’s Woman of the Year.

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 fifteen 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 ten 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
6:00 p.m. – SPECIAL MEETING
City Council Agenda – Special and Regular Meetings Tuesday, April 2, 2024 City of Tulare Page 3

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 Minutes of the Regular and/or Special Meeting on March 19, 2024.

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

10.3 Tulare Irrigation District Water Main Crossing Common Use Agreement.

10.4 Application for Funding - 2022-2023 HOME.

10.5 EN0088 Prosperity & West Traffic Signal Project – ROW Consultant Contract.

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

11.1 Lago Subdivision.

Recommended Action: Adopt a resolution denying the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision; OR Adopt a resolution upholding the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, adopt a resolution approving General Plan Amendment No. 2024-01 to change the existing General Plan land use designation from community commercial to low density residential on approximately 14.06 acres, pass-to-print an ordinance approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately 14.06 acres, adopt a resolution approving the Fourth Amendment to the Del Lago Specific Plan, and adopt a resolution to adopt the initial study / mitigated negative declaration prepared for Tentative Subdivision No. 2023-27 – Lago Subdivision, General Plan Amendment no. 2024-01, Zone Amendment No. 753 and the Fourth Amendment of the Del Lago Specific Plan. [S. Sopp] City Council Agenda – Special and Regular Meetings Tuesday, April 2, 2024 City of Tulare Page 4

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

12.1 Funding for the Arts.

Recommended Action: Receive a presentation on various art-related programs active in other cities and provide direction to staff thereto. [M. Mondell]

12.2 Economic Development Update.

Recommended Action: Receive an update on economic development activity in the City. [T. Myers]

12.3 Capital Improvements Project Dashboard for April 2024.

Recommended Action: Accept the Capital Improvements Project Dashboard for Aril 2024. [M. Miller]

13. FUTURE AGENDA ITEMS - NONE SUBMITTED

14. STAFF UPDATES

15. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

15.1 Conference with Real Property Negotiations (Gov. Code § 54956.8) Property: 147 South K Street, Tulare
Agency Negotiation: Marc Mondell, Mario U. Zamora, Josh McDonnell, Traci Myers Negotiating Parties: Adrian and Korrie Herrera
Under Negotiation: Price and terms of payment

16. RECONVENE FROM CLOSED SESSION

17. CLOSED SESSION REPORT

18. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 16, 2024, 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, March 27, 2024
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: April 2, 2024 Agenda Memo
Date: March 27, 2024
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. 6:00 p.m. - SPECIAL MEETING

1. CALL TO ORDER SPECIAL MEETING

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

2.1 Charter Amendment Review, Discussion, and Direction.

Hermann]
Summary: The City’s Charter was established in 1923 and has been amended 11 times since its adoption. The most recent amendment occurred in 2012 when the City moved to Council districts.

Staff has discussed the desire to amend certain sections of the Charter. Staff’s proposed revisions are attached and highlighted below. In addition, staff is proposing to make various clerical corrections related to outdated language.

Section Proposed Revisions
Section 13 This section provides the compensation for the City Council. Currently, councilmembers receive $5 per regular meeting attended. Council may choose to revise the language to read “…shall receive compensation as allowed by state law.” If voters pass the amendment with this revised language, Council will follow Government Code Section 36516 to determine the compensation (enact an ordinance to set the salary based on population). The Council may also choose to propose a different amount in the Charter for the voters to consider.

Tulare City Council Page 2
Agenda Memo - April 2, 2024
Section 15 This section deals with ordinances and resolutions. All adopted ordinances (summary of) are required to be published in a daily newspaper of general circulation including the vote. The inclusion of the word “daily” restricts the City from using publications that are considered weekly. This limits the City to the use of one newspaper publication in the area. Staff is recommending the removal of the word “daily” to provide more options for the City when required to publish legal notices.

Section 17 This section deals with appointive officers. According to this section, Council appoints three positions: City Manager, City Clerk, and City Attorney. Since 1987, Council has chosen to have the City Manager hold the title of City Clerk. Removing “City Clerk” from the second paragraph in this section will allow the City Manager to hire the City Clerk instead of holding both titles.

This would be more aligned with actual practice as the Chief Deputy City Clerk carries out all the duties of the City Clerk which is hired by the City Manager.

Section 20 This section deals with the powers and duties of the City Manager. Staff is proposing to update the language to read as follows:
“The City Manager shall administer the day-to-day affairs of the city; hire and fire city employees; and perform such other functions as the Council chooses to authorize by ordinance. To accomplish those responsibilities, his/her powers and duties shall be as follows, and which may be delegated to other subordinate employees:”
Section 23 This section deals with purchase by contract or in the open market. Staff is proposing to simply the language to read:
“Purchases for any items not considered a “public works” as defined by state law shall be obtained by a policy adopted by resolution of the City Council.” Section 26 This section deals with estimates of revenue and expenditures provided to Council on or before the second meeting in May. Staff is proposing to remove section d as this is an outdated practice, providing a list of all supplies and materials on hand.

Section 28 This section deals with miscellaneous provisions relating to appropriations.

Staff is recommending updating the language to allow any money in the general fund otherwise unappropriated to be appropriated by the Council at any time by resolution instead of an ordinance as the Charter currently states.

Tulare City Council Page 3
Agenda Memo - April 2, 2024
“Design-build” method is a project delivery method in which both the design and construction of a project are procured from a single entity. The contract may be entered into using a qualifications-based selection process or using a selection process that evaluates price as well as other factors.

Completing projects by lowest responsible bidder “design-bid-build” will remain an option for the City.

Allowing the use of these types of alternative bidding methods can allow for faster completion of projects, may avoid contractors who might be the lowest bidder but are inexperienced or do not have a satisfactory track record, and may also eliminate the common practice of contractors bidding low and then increasing the overall project cost via excessive change orders, resulting in increased costs to taxpayers.

Typically, the City Manager signs agreements, not the Mayor, so staff is proposing to update the language in paragraph 2 of this section.

Section 49 This section deals with the Department of Parks and Recreation. It provides that the Director and City Manager shall make rules for the use of the parks and the preservation of the trees, shrubs, lawns, etc., subject to the approval of the City Council. Staff is recommending replacing “City Council” with “the Parks and Recreation Commission” since this has been the practice as the Parks and Recreation Commission oversee the rules and policies of this subject.

Section 52 This section pertains to the Board of Public Utilities. The second paragraph provides for the compensation of the members of the Board which is set to $5 per regular meeting attended. Council may choose to amend this section to allow Council to set the compensation by resolution.

Section 52e This section pertains to the Board of Public Utilities. Staff is recommending adding solid waste services and removing “ice or other systems of providing and distributing refrigerating means, materials and service, or any of them…”
If Council chooses to move forward with placing a measure on the November ballot to propose Charter amendments, Council will need to adopt a resolution and submit to the County no later than July 8 which will include the ballot question and full text.

Fiscal Impact & Funding Source(s): The City contracts with the Tulare County Registrar of Voters to provide various election-related services. The cost of the election is dependent upon the number of registered voters. Currently, there are 18,426 registered voters in Districts 1, 3, and 5. If all three districts are on the ballot in November, the cost estimate provided by the ROV is $27,400-30,400 for the General Election. Adding a measure to the ballot would be an additional cost of $6,000-7,000.

Aside from the fees charged by the ROV, there will be costs associated with the City Attorney’s Office services related to the election which are not covered under their flat fee. These election-related costs will be paid from 001-4020-2065.

Legal Review: This item has been reviewed by the City Attorney’s Office.

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Agenda Memo - April 2, 2024
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

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

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION

6. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:05-7:25 p.m.]

6.1 Proclamation for National Donate Life Month - April 2024.

6.2 Proclamation for National Public Safety Telecommunicators Week - April 14-20.

6.3 Recognition of Miss Tulare County and Miss Tulare County’s Teen.

6.4 Recognition of Donnette Silva-Carter, Senator Grove’s Woman of the Year.

8. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten 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. [Estimate: 7:40-7:40 p.m.]

9. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:40-7:45 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.

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Agenda Memo - April 2, 2024

10.2 Minutes of the Regular and/or Special Meeting on March 19, 2024.

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

10.3 Tulare Irrigation District Water Main Crossing Common Use Agreement.

Recommended Action: Authorize the City Manager to execute a pipeline crossing common use agreement with Tulare Irrigation District (TID) for an 8-inch water main crossing at Enterprise Street and TID’s Lemos Ditch, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: As part of the Soults Mutual Water Company (SMWC) Water System Improvements Project located southwest of Hwy 137 and Haven Street, SMWC is upgrading the existing water mains and services within the existing Soults Track to current City standards. Upon completion of the project, the City of Tulare will take over the maintenance and operation of the water mains and services.

The project requires SMWC to install an 8-inch water main on Enterprise Street. The Enterprise Street 8-inch water main will cross under the existing 36-inch Lemos Ditch irrigation pipe. Lemos Ditch is owned and maintained by TID. At the irrigation ditch crossing, TID’s easement rights supersede the existing Enterprise Street easement rights, requiring the City to enter into a common use agreement with TID for the installation of a water main within their easement.

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

Legal Review: The TID water main crossing common use agreement has been reviewed and approved as to form and content by the City Attorney.

Alternative Action: 1) Approve with changes - any proposed changes to the common use agreement could take months to resolve with TID, further delaying the construction of the required improvements; 2) Deny - would prevent the SMWC from constructing the required water system improvements; or 3) Table - would delay construction of the SMWC’s water system improvements.

10.4 Application for Funding - 2022-2023 HOME.

Recommended Action: Adopt a resolution as presented to approve the submittal of an application to the HOME Program for up to $500,000 for First-Time Homebuyer, Owner-Occupied Rehabilitation, and Tenant Based Rental Assistance Programs within the City of Tulare. [G. Avitia]
Summary: On January 19, 2024, the Department of Housing and Community Development (HCD) released the 2022-2023 HOME Notice of Funding Availability (NOFA). The City of Tulare has previously received 2 different grants under the HOME Program which have established three vital programs to bolster affordable housing initiatives: First-Time Homebuyer, Owner-Occupied Rehabilitation, and Tenant-Based Rental Assistance.

Our First-Time Homebuyer Program aims to facilitate homeownership for low-income individuals and families within the City. Meanwhile, the Owner-Occupied Rehabilitation Tulare City Council Page 6
Agenda Memo - April 2, 2024
Program is dedicated to ensuring the safety and livability of homes for low-income homeowners. Lastly, the Tenant-Based Rental Assistance Program directly addresses the ongoing challenges of housing affordability for renters in our community.

The Division of Housing and Grants has prepared an application requesting $500,000 to continue these three key services, which will underscore a continued commitment to enhancing affordable housing opportunities in our community. Additionally, the division is requesting the adoption of a resolution authorizing the Mayor to sign the HOME Standard Agreement, and City Manager and Community Development Director to execute all other required documents.

Fiscal Impact & Funding Source(s): The HOME program allows up to 2.5% of the awarded amount to be utilized for program administration but does not provide longterm funding. Therefore, with Housing and Grants Division staff assuming grant administration duties, any associated expenses - including contract/grant setup, draw submissions, quarterly/annual report submissions, and loan servicing - will be absorbed by the City. These costs will be covered by the Community Development Department budget.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes - Housing and Grants Division will edit activity and/or award requests and submit an application to HOME on the City’s behalf; 2) Deny - The City will not apply for the HOME Application and miss the opportunity to receive grant funds; or 3) Table - Rescheduling consideration of this item will cause the City to miss the opportunity to apply for HOME grant funds by the application deadline.

10.5 EN0088 Prosperity & West Traffic Signal Project – ROW Consultant Contract.

Recommended Action: Approve and authorize the City manager to sign a purchase order amendment for $5,600 with Monument Right of Way for reappraisal fees and additional acquisition services related to City project EN0088 – Prosperity and West Traffic Signal. [M. Miller]
Summary: Capital Improvement Project EN0088 addresses pavement and infrastructure improvements along Prosperity Avenue and West Street. This project required reconstructing and widening the Prosperity & West intersection, including installing a new traffic signal. This construction will necessitate the acquisition of additional right-of-way. Project EN0088 dates back to 2017, when City Council directed staff to commence the project's design and right-of-way acquisition phases.

Monument Right of Way, a consultant from our on-call list, was awarded the right-ofway acquisition contract.

On March 4, 2024, the City Engineer approved a purchase order increase of 10% to the original contract amount to complete the acquisition. On March 20, 2024, with the acquisition process nearly complete, Monument informed the City that the Parmar property, one of the properties (1279 N West St) required for this project, had been sold. As a result, Monument must restart the acquisition process with the new property owners, requiring a reappraisal of the property and additional services. The original Tulare City Council Page 7
Agenda Memo - April 2, 2024
budget and the 10% increase have been exhausted. Due to the abovementioned circumstances, Monument needs additional funding to complete the acquisition.

Fiscal Impact & Funding Source(s): EN0088-030-0230
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to amend the on-call contract with Monument. The City will not have the easement required to move forwards with the project; or 3) Table - The postponement of amending the contract with Monument will delay the process of executing a contract amendment and delay the project.

11. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council. [Time Estimate: 7:55-8:25 p.m.]

11.1 Lago Subdivision.

Recommended Action: Adopt a resolution denying the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision; OR Adopt a resolution upholding the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, adopt a resolution approving General Plan Amendment No. 2024-01 to change the existing General Plan land use designation from community commercial to low density residential on approximately 14.06 acres, pass-to-print an ordinance approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately 14.06 acres, adopt a resolution approving the Fourth Amendment to the Del Lago Specific Plan, and adopt a resolution to adopt the initial study / mitigated negative declaration prepared for Tentative Subdivision No. 2023-27 – Lago Subdivision, General Plan Amendment no. 2024-01, Zone Amendment No. 753 and the Fourth Amendment of the Del Lago Specific Plan. [S. Sopp] Summary: This is a request by San Joaquin Valley Homes to subdivide approximately 14.06-acres into a 125-lot single-family residential subdivision to be built in two phases and to be zoned R-1-4 (Small Lot Single Family Residential – 3,200 square foot minimum lot area).

The project site consists of two parcels and is located on the southwest corner of Mooney Blvd. and Cartmill Avenue (APN 149-380-032, 149-390-022). Entry access to the development will be established through two points of access. One entry will be established off of Cartmill Avenue, the other entry will be established off of Ribolla Avenue. Ribolla Avenue will also be extended to connect to Mooney Blvd.

Specific Plan Amendment
In 1999, the Amended Del Lago Specific Plan, which included a land use plan and guidelines for development of a 611-acre site was developed. The proposed Lago Subdivision falls within the Del Lago Specific Plan planning area. Since its original adoption, the Del Lago Specific Plan has guided the development of the 611-acre site Tulare City Council Page 8
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which has geographic boundaries with the northern boundary being Cartmill Avenue, western boundary being Hillman Street, southern boundary being Prosperity Avenue, and the eastern boundary being Mooney Blvd. (does not include the former winery property). The Del Lago Specific Plan has been amended 3 times previously to allow for various development that has occurred within the plan area since its adoption.

The applicant is proposing to make several changes to the Amended Del Lago Specific Plan (see attached Del Lago Specific Plan Fourth Amendment). Proposed changes include the following:
- Amendment of the “Revised Concept Plan” (Figure 1-3) to change the land use designation for “Area C” from Community commercial to single-family residential. - Addition of Residential Design Standards for “Area C” which pertain to the Lago Subdivision (Table 3-5) and would supersede zoning requirements of the R-1-4 zone. These standards establish specific requirements relating too:
o Lot sizes
o Lot dimensions
o Setbacks
o Garage Type
- Inclusion of Appendix B to provide discussion of updated mitigation measures for the Lago Subdivision as identified in the Initial Study / Mitigated Negative Declaration prepared for the project.
- Other revisions made to ensure tables and descriptions are consistent with new total lot counts for the overall development with the proposed Lago Subdivision. - Several revisions to reflect current conditions and reflect that improvements have been made and development has occurred.

The proposed amendments are necessary to be adopted for entitlement of the Lago Subdivision within the Del Lago Specific Plan.

General Plan Amendment / Zone Amendment
The existing General Plan designation for the site is Community Commercial within the City of Tulare adopted 2035 General Plan. The applicant proposes to amend the General Plan land use designation to designate the entire site as Low Density Residential.

The current zoning designation for the site is C-3 (Retail Commercial). The applicant proposes to amend the zoning designation to allow for the construction of a singlefamily residential subdivision with lot sizes as proposed by the applicant. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Small-lot Residential).

Tentative Subdivision Map
The development of a Specific Plan allows for the applicant to propose development standards that deviate from the base zone district as long as the development standards remain consistent with the policies of the General Plan. The applicant is proposing to deviate from the requirements of the R-1-4 as follows:

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Any remaining standards of the R-1-4 zone, not outlined above, will be required to be met. Staff has reviewed the proposed standards and believe them to be consistent with the policies of the General Plan.

The applicant proposes to construct the subdivision in two phases (See Site Plan). A 7-foot tall block wall with backing lot treatment will be required for parcels along Cartmill Avenue, Mooney Blvd., and Ribolla Street. The project area will be required to be included within the Landscape Maintenance District formed for the Del Lago subdivision or the applicant may form a Homeowners Association or similar entity acceptable to the City Engineer to provide funding for the maintenance and servicing of landscaping improvements, sidewalks, and fences/block walls within common lot areas (including areas of backing lot treatment), and for street maintenance on local streets within the project boundaries.

Mooney Blvd. Improvements
As part of the conditions of approval for the project the applicant will be required to underground existing Southern California Edison power lines along the subject property’s frontage of Mooney Blvd. and to install curb, gutter, sidewalk, landscaping, and a block wall. The City is currently engaged in a project to install many of the same improvements to the south of the project site along the Mooney Blvd. frontages of the Tesori and Bella Oaks subdivisions. Due to the complexity and cost of these improvements in working with Caltrans and Southern California Edison, both the applicant and City staff see potential benefits in working together to install these improvements concurrently. San Joaquin Valley Homes has expressed a willingness to enter into a development agreement with the City to install all of the required improvements as part of a single project in exchange for compensation from the City for improvements south of their project site. If the project is approved, City staff would explore a potential development agreement with San Joaquin Valley Homes and if it is found to be beneficial would bring any possible agreement to Council for its review and approval.

Standard Proposed Existing
Minimum Lot Area 3,000 sq. ft. 3,200 sq. ft
Lot Dimensions
32 ft. x 95 ft.
50 ft. x 95 ft.
30 ft. x 65 ft. (if there is
alley)
40 ft. x 65 ft. (if no alley)
Side Yard Setback on
Living Side of Home 3 ft. 4 ft.

Side Yard Setback on
Garage Side of Home 4 ft. 4 ft.

Rear Yard Area 5 ft. minimum 450 sq. ft. minimum area
Covered Parking One, Two and Two-Car
Tandem
Two-Car
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Staff Concerns – Applicants Response
The proposed development is a new concept that is unique to Tulare. Planning staff has some concerns with what has been proposed as outlined below and has provided the applicant with an opportunity to respond to these concerns.

Loss of Commercially Zoned Land – Planning staff is concerned that the amount of commercially zoned land being lost to residential uses is starting to add up. This is now the third subdivision in the vicinity of the Cartmill Avenue / Prosperity Avenue / Del Lago Area that has resulted in the loss of commercially designated land.

Applicant Response: We understand and appreciate the significance of maintaining a balanced approach to land use planning, ensuring the sustainable growth and development of the city. It is important to note that the demand for housing in the quadrant of the city where our proposed project is situated has been exceptionally high. In response to your concern, we would like to note that there are many properties close to the proposed project that remain zoned for commercial uses. The intersection of Highway 99 and Cartmill currently offers a significant amount of vacant commercial land less than 1.5 miles away from our proposed subdivision, poised to serve as a major commerce corridor upon development completion. Within Del Lago, at the Northwest Corner, there are approximately 12 acres of undeveloped commercial property. At the Southeast Corner of Del Lago, The Vineyard currently offers an additional 8 Acres of land that remains undeveloped, this too is zoned for commercial uses. Lastly, the undeveloped property across Mooney Boulevard from the subject property has a General Plan designation of Village, which will allow staff to consider commercial needs at the time that property is developed.

This land has been vacant for a long time, and we feel that a reconsideration of the current zoning given the recent evolutions of the real estate development market is warranted. We feel that providing options for home buyers and increasing the number of residential dwelling units in the area will support future commercial development in the areas along the commerce corridor identified above.

One Car Garages – One of the floor plans proposed by the applicant will only provide one covered parking space. Another floor plan will provide two covered parking spaces but will be in a tandem configuration. Staff is concerned that the tandem garages will function like one car garages. This will be the only development in the City that staff is aware of that would allow this. Planning staff is hesitant to set this precedence and unsure how well it will function. Staff would note that parking on the driveway, street parking and guest parking will be available in addition to the garages discussed.

Applicant Response: The inclusion of a one-car garage option stems from our research into the market and the ability to continue to offer homes that are more affordable. We estimate 18% of lots will feature the single car garage option. We believe that by providing diverse housing options, we are better able to cater to different preferences and needs within the community. To address potential Tulare City Council Page 11
Agenda Memo - April 2, 2024
concerns about parking and garage usage, we intend to implement Covenants, Conditions, and Restrictions (CC&Rs) along with a Homeowners Association (HOA) to regulate garage usage and ensure that space inside the garage remains reserved for parking. This proactive approach will help support the functionality of the subdivision and will address any concerns regarding garage usage effectively.

Reduced Setbacks – Planning staff is concerned with the lot size being as small as 3,111 sq. ft. and setbacks (mainly side setbacks) being reduced a typical 5 ft. (3 and 4 ft.). This does set a precedent within the city where there are limited examples of this being done. Staff is unsure if these exceptions will result in a reduction in functionality of the subdivision or cause the subdivision to age poorly.

Applicant Response: We acknowledge the Planning Staff's concerns regarding lot size and setbacks. Our team has carefully considered these factors during the planning and design phases of the project. While the proposed lot sizes and setbacks may deviate slightly from what was approved in the specific plan, these requested deviations allow for us to increase density, in turn allowing us to provide homes that will be priced an average of $20,000 below the median new home price. The Specific Plan allows for 4' side yard setbacks. Through our amendment to the approved Specific Plan, we are requesting consideration of a reduction to the approved side yard setbacks on only one side of the home. The side yard setbacks we propose are 4' on the garage side, consistent with the specific plan, and 3' on the non-garage side of the home, a 1' reduction to the approved specific plan.

Insufficient Parking – Planning staff is concerned that the combination of the number of guest parking spaces, street parking, and some units having one car garages is not sufficient.

Applicant Response: We understand the concern about the sufficiency of guest parking spaces, particularly given the one-car garage option. To address this concern, we are providing 41 guest parking stalls strategically located at the end of blocks. These areas will be maintained by the HOA to ensure accessibility and convenience for residents and their guests. The HOA will also maintain the front yards of all homes in this development, we feel we have planned a project that will age gracefully.

Environmental
An Initial Study was prepared for this project, consistent with the California Environmental Quality Act (CEQA). The Initial Study and proposed Mitigated Negative Declaration (IS/MND) evaluate the potential environmental impacts associated with the project implementation. It was found that implementation of the proposed project would not result in potentially significant impacts to the environment with the incorporation of mitigation measures.

A 30-day public notice was published on January 25, 2024, for the proposed discretionary approvals and Notice of Intent to adopt (NOI) a Mitigated Negative Declaration for the proposed project. One comment letter was received from the San Joaquin Valley Air Pollution Control District. The most substantive comment Tulare City Council Page 12
Agenda Memo - April 2, 2024
recommended that a prioritization screening for the need for a health risk assessment be completed. They applicant completed a prioritization screening which did not screen the project out of the need for a health risk assessment. The applicant then prepared a health risk assessment which concluded that “health risk levels to nearby receptors from project-related construction emissions would be below the air district’s thresholds. Therefore, no significant health risk would occur relating to emissions from Project-related construction emissions. The documents have been provided as Appendix ‘E’ and “F’ within the initial study document provided.

On October 25, 2023, pursuant to Public Resources Code Section 21080.3.1, a request for review to determine if formal consultation is appropriate was sent to tribes that were identified by the Native American Heritage Commission. No comments were received in response to the request for consultation.

Planning Commission
On March 11, 2024, the Planning Commission voted 3-2 to recommend that the City Council deny General Plan Amendment No. 2024-01, Zone Amendment No. 753, Del Lago Specific Plan Fourth Amendment, and the IS/MND prepared for the project. The Planning Commission also voted 3-2 to deny Tentative Subdivision No. 2023-27 – Lago Subdivision.

The applicant has filed an appeal of the Planning Commission’s determination and paid necessary filing fees within the required timeline for appeal.

Fiscal Impact & Funding Source(s): As development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

Legal Review: This item does not require legal review.

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

12. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council. [Time Estimate: 8:25-9:25 p.m.]

12.1 Funding for the Arts.

Recommended Action: Receive a presentation on various art-related programs active in other cities and provide direction to staff thereto. [M. Mondell]

12.2 Economic Development Update.

Recommended Action: Receive an update on economic development activity in the City. [T. Myers]

12.3 Capital Improvements Project Dashboard for April 2024.

Recommended Action: Accept the Capital Improvements Project Dashboard for Aril 2024. [M. Miller]
Summary: On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with Tulare City Council Page 13
Agenda Memo - April 2, 2024
each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed,
• Create department 5-year project plans,
• Improve pre-planning and preparation,
• Identify and implement management policies and procedures, • Improve project cost tracking and project delivery,
• Formalize and improve project reporting, and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

Pursuant to the City Council’s request, staff provides quarterly Capital Improvement Project Dashboards for all major capital projects that fall under City Council’s purview.

The dashboard provides a visual summary of the overall progress of the projects so that City Council is aware of their status. The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes regarding the status and/or issues affecting the project.

The attached Capital Improvements Project Dashboard reflects the quarterly status of active projects as of April 2024. The dashboard uses a color metric for the completion status graphic (pie chart) that reflects the phase each project is in. BLUE shading indicates that the project is in the Design phase, GREEN shading indicates that the project is in the Environmental or Right-of-Way Acquisition phase, and ORANGE shading indicates that the project is in the Construction or Implementation phase.

Fiscal Impact & Funding Source(s): Receipt and approval of the Capital Improvement Project Dashboard will not result in any fiscal impact.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny - Action would not result in any notable impact; or 3) Table - Action would not result in any notable impact.

13. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:25-9:25 p.m.]

14. STAFF UPDATES [Time Estimate: 9:25-9:30 p.m.]

15. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 9:30-9:50 p.m.]

16. RECONVENE FROM CLOSED SESSION
Tulare City Council Page 14
Agenda Memo - April 2, 2024

17. CLOSED SESSION REPORT

18. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 16, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

Staff Report
Meeting: City Council
Date: April 2, 2024
Department: City Attorney / City Manager
Submitted by: Mario Zamora, City Attorney & Melissa Hermann, Chief Deputy City Clerk Agenda Title: Charter Amendment Review, Discussion, and Direction

RECOMMENDED ACTION
Review and discuss the possibility of adding a measure to the ballot for the November 5, 2024 General Election in order to amend certain sections of the Charter; and provide direction to staff thereto.

SUMMARY
The City’s Charter was established in 1923 and has been amended 11 times since its adoption. The most recent amendment occurred in 2012 when the City moved to Council districts.

Section 15 This section deals with ordinances and resolutions. All adopted ordinances (summary of) are required to be published in a daily newspaper of general circulation including the vote. The inclusion of the word “daily” restricts the City from using publications that are considered weekly. This limits the City to the use of one newspaper publication in the area. Staff is recommending the removal of the word “daily” to provide more options for the City when required to publish legal notices.

This would be more aligned with actual practice as the Chief Deputy City Clerk carries out all the duties of the City Clerk which is hired by the City Manager.

Item #: 2.1
Study Session
Section 20 This section deals with the powers and duties of the City Manager. Staff is proposing to update the language to read as follows:
“The City Manager shall administer the day-to-day affairs of the city; hire and fire city employees; and perform such other functions as the Council chooses to authorize by ordinance. To accomplish those responsibilities, his/her powers and duties shall be as follows, and which may be delegated to other subordinate employees:”
Section 23 This section deals with purchase by contract or in the open market. Staff is proposing to simply the language to read:
“Purchases for any items not considered a “public works” as defined by state law shall be obtained by a policy adopted by resolution of the City Council.” Section 26 This section deals with estimates of revenue and expenditures provided to Council on or before the second meeting in May. Staff is proposing to remove section d as this is an outdated practice, providing a list of all supplies and materials on hand.

Section 28 This section deals with miscellaneous provisions relating to appropriations.

Section 46 This section deals with public works to be done by contract. Staff finds it necessary to amend this section to have as options other construction methods that are authorized by law, but not necessarily to the lowest bidder. “Construction manager at risk” is a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract may be entered into using a qualifications-based selection process or using a selection process that evaluates price as well as other factors.
“Design-build” method is a project delivery method in which both the design and construction of a project are procured from a single entity. The contract may be entered into using a qualifications-based selection process or using a selection process that evaluates price as well as other factors.

Completing projects by lowest responsible bidder “design-bid-build” will remain an option for the City.

Typically, the City Manager signs agreements, not the Mayor, so staff is proposing to update the language in paragraph 2 of this section.

FISCAL IMPACT & FUNDING SOURCE(S)
The City contracts with the Tulare County Registrar of Voters to provide various electionrelated services. The cost of the election is dependent upon the number of registered voters.

Currently, there are 18,426 registered voters in Districts 1, 3, and 5. If all three districts are on the ballot in November, the cost estimate provided by the ROV is $27,400-30,400 for the General Election. Adding a measure to the ballot would be an additional cost of $6,000-7,000.

LEGAL REVIEW
This item has been reviewed by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Charter (redlined version)
Reviewed/Approved:

Freeholders Charter
of the
City of Tulare
A Municipal Corporation of
The State of California
(June 2012)
FREEHOLDERS’ CHARTER OF THE CITY OF TULARE
(Filed with the Secretary of State February 3, 1923)

(Statutes of 1923, P. 1508)
As Amended April 24, 1933 (Statutes of 1933, P. 3043)
As Amended May 24, 1935 (Statutes of 1935), P. 2640)
As Amended March 26, 1954 (Statutes of 1953, P. 381)
As Amended April 14, 1959 (Statutes of 1959, P. 5713)
As Amended April 13, 1971 (Statutes of 1971, V2, Ch158, P. 4388-4394) As Amended April 8, 1975 (Stat. of 1975, V2, App. Chart. Ch10, P.45) As Amended November 2, 1982 (Stat. of 1982, V6, App. Chart. P. 138-139) As Amended November 5, 1996 (Statutes of 1997, Chart. Ch 7) As Amended November 2, 2004 (Statutes of 2005, Chart. Ch. 1) As Amended November 2, 2010 (Statutes of 2010, Chart. Ch. 14) As Amended June 5, 2012

NAME AND BOUNDARIES
Section 1. The municipal corporation now existing and known as the City of Tulare, shall remain and continue a body, politic and corporate in the name in fact and in law.

The boundaries of the City of Tulare shall continue as now established until changed in some manner authorized by law.

Section 2: Repealed March 26, 1954.

POWERS
Section 3. Said city shall have and may exercise all the powers heretofore granted to the other municipalities of the state, also such as may be necessary or appropriate to a municipal corporation and to the general welfare of its inhabitants which are not prohibited by the constitution and which it would be competent for this Charter to set forth particularly or specifically, and the specification herein of any particular powers shall not be held to be exclusive.

ELECTIVE OFFICERS
Section 4. (As Amended April 13, 1971; June 5, 2012) Elective Officers of the City shall be five (5) Council Members, each elected from a separate district.

Section 5. (As Amended April 13, 1971; June 5, 2012) In order to transition to a district based election, on the 6th day of November, 2012, and every four years thereafter during the general election there shall be elected by district three (3) Council Members. On the 4th day of November, 2014, and every four years thereafter during the general election, there shall be elected by district two (2) Council Members. The term of office of each of said Elective Officers shall be four (4) years and until his/her successor is elected and qualified.

Section 6: Repealed April 13, 1971.

Section 7: Repealed March 26, 1954.

Section 8: Repealed April 13, 1971.

VACANCIES
Section 9. (As Amended April 13, 1971; June 5, 2012) A vacancy in any elective office, from whatever cause arising, shall be filled by appointment by the Council, such appointee to hold office until the next general Municipal Election, when a successor shall be chosen by the electors for the unexpired term. All appointees shall be qualified electors of the district which was vacated. If the Council fails to agree or for any other reason does not fill such vacancy within thirty (30) days after the same occurs, then such vacancy shall be filled by the Mayor; provided, however, that if for any reasons the seats of a majority of the Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted as herein provided for general Municipal Elections.

If any officer of the City shall remove from the City, or absent himself/herself therefrom for more than thirty (30) days consecutively without the permission of the Council, or shall fail or qualify, or shall resign, or be convicted of a felony, or be adjudged insane, his/her office shall thereupon become vacant.

QUALIFICATIONS OF OFFICERS
Section 10. (As Amended March 26, 1954; June 5, 2012) All elective officers, at the time of their election, shall be qualified electors of their district in the City of Tulare.

ELECTIONS
Section 11. (As Amended April 8, 1975; November 2, 2010) Except as otherwise provided, all elections shall be held and conducted, as nearly as may be, in accordance with the Elections Code of the State of California as amended from time to time. The regular municipal elections shall be held in even-numbered years at the same time as the general election for state offices for the state of California, in accordance with the Elections Code of the State of California as amended from time to time.

INITIATIVE, REFERENDUM AND RECALL
Section 12. (As Amended November 2, 2010) Ordinances may be initiated in accordance with the Elections Code of the State of California as amended from time to time. Referendum petitions protesting enacted legislation passed by the Council under and in accordance with the constitution and general laws of the state, may be circulated in accordance with the Elections Code of the State of California as amended from time to time. Any elective officer shall be subject to the recall in accordance with the provisions of the constitution and general laws of the state, in accordance with the Elections Code of the State of California as amended from time to time; and in the case an officer is recalled, the office held by him/her shall be deemed vacant and shall be filled by the Council as any other vacancy.

Section 13. (As Amended May 24, 1935) The legislative body of the City shall be vested in a City Council to consist of five (5) members who shall received as compensation the sum of $5.00 for each regular meeting attended by themno greater than that allowed by state law [ALTERNATIVE – “as allowed by state law”.

MEETINGS
Commented [MH1]: Possible revision to compensation; further discussion by Council.

Section 14. (As Amended November 5, 1996; November 2, 2004) The City Council shall meet at the first regular session after certification of the municipal election results, shall take the oath of office, shall choose one of their number President, who shall be Ex-Officio Mayor and executive head of the City. The Council shall hold regular meetings at least once in each month at such times as they shall fix by ordinance, and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Special meetings may be called at any time by the Mayor or by three Council Members by giving prior written notice as required by the Brown Act. All meetings of the Council shall be public, except for closed sessions as permitted by state law, and held within the corporate limits of the City at such places as may be designated by ordinance or Council action, excepting that joint meetings with other public agencies may be held outside the city corporate limits consistent with applicable state law.

ORDINANCES AND RESOLUTIONS
Section 15. (As amended April 13, 1971; November 2, 2004; November 2, 2010) The Council shall act only by Ordinance, Resolution, or motion. All proposed Ordinances shall be introduced in typewritten or printed form, and no Ordinance shall be passed by the Council on the date of its introduction, nor within five (5) days thereafter, nor at any time other than a regular meeting. Nothing herein shall be construed as prohibiting minor changes, amendments or modifications of a proposed Ordinance between the time of its introduction and final passage, providing its general scope and original purpose are retained. The affirmative vote of three (3) members shall be necessary to the passage of any Ordinance or Resolution. All Resolutions and Ordinances shall be signed by the President of the Council and attested by the City Clerk.

The enacting clause of all Ordinances shall be "Be It Ordained by the Council of the City of Tulare". All Ordinances, with the exception of the annual appropriation Ordinance, shall contain but one subject, which shall be clearly stated in the title.

If any subject shall be embraced in an Ordinance or Resolution, which shall not be expressed in its title, such Ordinance or Resolution shall be void only as to such thereof as shall not be expressed.

All Ordinances, except emergency Ordinances not subject to referendum before final action thereon, must be passed to print and the following actions taken: a summary of the ordinance, not to exceed fifty (50) words, with the "Ayes" and "Noes", shall be issued in a daily newspaper of general circulation in the City of Tulare for one (1) day; the ordinance with the "Ayes" and "Noes" shall be available in at least one public place at the city offices; and, upon request to the City Clerk, a copy of the ordinance shall be made available to any citizen.

No Ordinance shall be amended unless the whole Section to be amended be set forth, as amended, and the original Section repealed.

POWER OF INVESTIGATION
Section 16. The Council, or a committee thereof, may investigate the affairs of any department or the official acts and conduct of any official. It shall have power to administer oaths, compel the attendance of witnesses and the production of books and papers, and may punish for contempt any person failing to obey its subpoena or refusing to testify. No person shall be excused from testifying, but his/her testimony shall not be used against him/her in any criminal proceeding, other than for perjury.

APPOINTIVE OFFICERS
Commented [MH2]: Remove "daily" to open up other
newspapers such as The Sun Gazette who are not considered a daily newspaper.

Section 17. (As amended April 13, 1971; November 2, 2004; November 2, 2010; June 5, 2012) There shall be the following appointive officers, boards and commissions, who shall perform the duties assigned them by this Charter or by Ordinance: City Manager, City Clerk, City Engineer, Public Works Director, City Attorney, Finance Director, Chief of the Police Department, Chief of the Fire Department, City Planning Commission, Recreation & Parks Director, Board of Public Utilities Commissioners, and any other position designated as a department head by city ordinance or resolution.

The Council may, by Ordinance, provide for the appointment of all employees of the City Government, except as otherwise provided in this Charter. The Council shall appoint the City Manager, City Clerk, and City Attorney, members of all Boards and Commissions, and such other subordinate officers as in their judgment may be deemed necessary, and fix their compensation.

All appointive officers not appointed by the Council shall be appointed and removed by the City Manager.

All appointive officers shall, before entering upon the duties of their office, take the oath herein prescribed for elective officers, and file with the City Clerk bonds of some responsible Surety Company in such penal sums as this Charter, or failing such provisions, as the Council may by Ordinance direct.

No provisions of this Charter shall be construed to prohibit the adoption of an Ordinance providing for a personnel, merit, civil service, or other system for the employment, tenure, discharge or retirement of employees.

CITY CLERK
Section 18. (As amended March 26, 1954)The City Clerk shall be the custodian of the seal of the City; shall safely keep all books, records and other documents required by this Charter or the laws of the State to be kept and filed in his/her office. He/She shall be the Clerk of the Council.

He/She shall have the power to administer oaths. It shall be his/her duty to perform all acts required of his/her by this Charter, by Ordinance, or by the laws of the state.

CITY ATTORNEY
Section 19. The City Attorney shall be an attorney-at-law, duly admitted to practice in the courts of this state, and having practiced therein at least two years. He/She shall represent the City in all litigation, including the prosecution of criminal cases arising out of the violations of city ordinances. He/She shall be the legal advisor of the Council, the City Manager, and all other officers, boards and departments of the City, and shall give his/her opinion in writing when requested in writing by any officer or board. He/She shall draft all proposed ordinances, or resolutions, when requested to do so by the Council, and perform such other duties as may be prescribed by ordinance.

CITY MANAGER
Section 20. The Council shall appoint a City Manager. The City Manager shall administer the day-to-day affairs of the city; hire and fire city employees; and perform such other functions as the council chooses to authorize by ordinance. To accomplish those responsibilities, His/Her powers and duties shall be as follows, and which may be delegated to other subordinate employees:
a. To see that all Ordinances are enforced.

Commented [MH3]: Removing City Clerk from this section will allow the City Manager to appoint the City Clerk instead of the City Council.
b. (As amended March 26, 1954) To appoint, except as otherwise provided, and subject to the provisions of any Ordinance providing for a personnel, merit, civil service, or other system for the employment, tenure, discharge or retirement of employees, all heads of departments, subordinate officials, and employees, and remove the same, except as otherwise herein provided. c. To exercise general supervision over all public utilities operating within the City so far as the same are subject to municipal control.
d. To see that the provisions of all franchises, permits and privileges granted by the City are fully observed, and to report to the Council any violation thereof. e. Repealed April 13, 1971.
f. Repealed November 2, 2004.
g. To attend all meetings of the Council unless excused therefrom by the Council or the Mayor.
h. To examine or cause to be examined, without notice, the conduct of any officer or employee of the City.
i. To keep Council advised as to the needs of the City. j. To devote his/her entire time to the interests of the City. k. To appoint such advisory boards as he/she may deem best to serve without compensation, to confer with him/her and assist him/her in his/her work.

Section 21: Repealed April 13, 1971.

Section 22: Repealed April 13, 1971.

PURCHASE BY CONTRACT OR IN THE OPEN MARKET
Section 23. (As amended November 2, 1982; November 2, 2004; June 5, 2012) Purchases for any items not considered a “public works” as defined by state law shall be obtained by a policy adopted by resolution of the City Council.When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market.

Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.

FISCAL YEAR
Section 24. (As amended April 24, 1933) The fiscal year shall commence on the first day of July.

Section 25. The Council shall by Ordinance provide for the assessment, levy and collection of taxes. The tax levy authorized by the Council shall not exceed one dollar ($1.00) upon each one hundred dollars ($100.00) of the assessed valuation of all real and personal property within the City exclusive of the amount necessary to pay the principal of and interest on the bonded indebtedness of the City, except by Ordinance approved, or adopted by the affirmative vote of the majority of the people voting at a general or special election.

ESTIMATES OF REVENUE AND EXPENDITURE
Section 26. (As amended April 14, 1959)On or before the second regular meeting in May of each year, the City Manager shall submit to the Council an estimate of revenue and expenditures for the ensuing year. It shall contain an estimate of the probable revenue from all sources, the amount necessary to meet the interest and principal of the bonded indebtedness of the City, and the following information, arranged in parallel columns:
a. Detailed estimate of the expenses of conducting each Department, as submitted by the Department.
b. Expenditures for the corresponding items for the last two (2) fiscal years. c. Expenditures of corresponding items for the current fiscal year, including adjustments due to transfers between appropriations, and an estimate of the expenditure necessary to complete the current fiscal year.
d. Supplies and materials on hand.
e. Such other information as the Council may require.
f. Recommendations of the City Manager.

Sufficient copies shall be prepared by the City Manager to provide one for each member of the Council, and to place two (2) copies on file in his office for inspection by the public.

PUBLICATION OF THE BUDGET
Section 27. (As amended April 14, 1959)Upon the receipt of this budget, the Council shall proceed to consider the same. Before the final action is taken, the City Manager, at the direction of the Council, shall publish for general distribution, an abstract of the budget showing the principal items of expenditure for each Department together with the changes in his/her recommendation, if any, proposed to be made by the Council.

MISCELLANEOUS PROVISIONS RELATING TO APPROPRIATIONS
Section 28. (As amended April 13, 1971) Upon request of the City Manager, the Council may, by Resolution, transfer any part of an unencumbered balance of any appropriation to another purpose or object, or may, by Resolution, authorize a transfer to be made between items appropriated to the same office or department. At the close of each fiscal year, the unexpended balance of each appropriation, against which no contracts or works or supplies are outstanding, reverts to the general fund. Any money in the general fund otherwise unappropriated may be appropriated by the Council at any time by OrdinanceResolution.

No money shall be drawn from the City Treasury, nor obligation for the expenditure of money be incurred, except in accordance with the appropriation made by the Council or otherwise provided for herein.

Section 29: Repealed April 13, 1971.

Section 30: Repealed April 13, 1971.

Section 31: Repealed April 13, 1971.

Section 32: Repealed April 13, 1971.

Section 33: Repealed April 13, 1971.

PAYMENT OF MONEYS INTO THE TREASURY
Section 34. (As amended November 2, 2004)Every officer collecting or receiving any moneys belonging to or for the use of the city, except when otherwise provided by law or this Commented [GU4]: It seems illogical for amendment of the budget to require a "higher" standard for approval than adoption, which is by resolution.
- Mark
Charter, shall pay the same into the City Treasury and account therefor to the Finance Director daily. The Finance Director shall direct the proper fund to be credited therewith.

Section 35: Repealed April 13, 1971.

POLICE AND FIRE DEPARTMENTS
Section 36. The Police Department shall consist of a Chief of Police, a police force and such subordinate officers and employees as the City Council may prescribe. The Chief of Police and City Manager shall adopt rules for the government, discipline, equipment and uniform of the department, subject to the approval of the Council.

CHIEF OF POLICE
Section 37. The Chief of Police shall have all the powers that are now or may hereafter be conferred upon sheriffs and other peace officers by the laws of the state. He/She shall be responsible for the execution of all laws and ordinance and rules governing the Police Department. He/She shall have such other powers and duties as may be conferred by the Council.

FIRE DEPARTMENT
Section 38. The Fire Department shall consist of a Fire Chief and such Fire Fighters and other employees as the Council may determine. The Fire Chief and City Manager shall prescribe rules for the government of the department.

Section 39: Repealed April 13, 1971.

Section 40: Repealed March 26, 1954.

Section 41: Repealed March 26, 1954.

Section 42: Repealed March 26, 1954.

Section 43: Repealed March 26, 1954.

Section 44: Repealed March 26, 1954.

DEPARTMENT OF PUBLIC WORKS
Section 45. (As amended April 13, 1971; November 2, 2004)The City Engineer shall be a Civil Engineer, duly licensed under the laws of the State of California. The Public Works Director shall be head of the Department of Public Works. He/She shall have all such powers and duties as are conferred on him/her by this Charter or by Ordinance. He/She shall be exofficio Superintendent of Streets. The Public Works Director may be, but is not required to be, the City Engineer. The Department of Public Works shall have charge of all public works relating to streets, street cleaning, water, sewers, sewage disposal, garbage disposal, and the construction and operation of all public utilities owned and operated by the City, except as otherwise provided herein.

PUBLIC WORKS TO BE DONE BY CONTRACT
Section 46. (As amended November 5, 1996; November 2, 2004; November 2, 2010; June 5, 2012) All public buildings and work, when the expenditure therefor shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidderselected by any method allowed by law, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.

All contracts shall be approved as to form by the City Attorney, and shall be signed by the MayorCity Manager, and attested to by the City Clerk.

No contract is valid, except in the case where the work to be done is to be paid for by special assessment, unless the Finance Director shall endorse thereon his/her certificate that there remains an unexpended balance of an appropriation or proceeds of a bond issue applicable thereto.

PENALTY FOR COLLUSION
Section 47. If at any time it shall be found that the person, firm or corporation to whom the contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the contract so awarded shall be null and void, and the contractor and his/her sureties shall be liable to the City for all loss or damage which the city may suffer thereby, and the Council may advertise anew for bids for said work.

CITY PLANNING COMMISSION
Section 48. There shall be a City Planning Commission established, governed and maintained under and pursuant to the provisions of the generals laws of the state.

DEPARTMENT OF PARKS AND RECREATION
Section 49. (As amended April 13, 1971; November 2, 2004) The Department of Parks and Recreation shall consist of a Recreation, Parks and Library Director, and such other employees as the Council may provide. The Director shall have complete charge of the parks and reservations of the City, except as otherwise limited in this Charter. The Director and City Manager shall make rules for the use of the parks and the preservation of the trees, shrubs, lawns, etc., subject to the approval of the City CouncilParks and Recreation Commission. The Council may designate any of the employees of the Parks Department as special police officers and, as such, they shall have the powers and duties within the parks and reservations of the City as would be possessed by regular police officers.

DEPARTMENT OF HEALTH
Section 50. Repealed November 2, 2010.

ADVISORY BOARD OF HEALTH
Section 51. Repealed November 2, 2010.

BOARD OF PUBLIC UTILITIES
Section 52. (As amended April 14, 1959; November 2, 2004)There is hereby created a Department of Public Utilities. Said department shall be under the control and management of a board of five (5) commissioners. Said Board shall be known as the Board of Public Utilities Commissioners, and the members of such Board shall be known as the Commissioners of said department. Said Board shall consist of five (5) members appointed by the Mayor and confirmed by the Council, who shall hold office for four (4) years and until their successors are appointed and qualified; they may be removed by the Mayor, subject to the approval of the Council by a majority vote.

Commented [MH5]: Do all rules come to Council for approval as stated in the Charter or are they just approved by the Parks & Rec Commission?
Commented [MZ6R5]: Just approved by P&R.

The Board shall hold regular meetings at a regular meeting place within the corporate limits of the City of Tulare. All meetings shall be public. The members of the Board shall receive as compensation set by resolution of the City Council, but in any case, no greater than that allowed by state lawthe sum of $5.00 each for each regular meeting attended by them, as well as and necessary expenses incurred by them shall be properly charged against the City, and when certified by the Finance Director shall be paid.

Section 52a. As soon as practicable after the first day of July in each year, the Board shall organize by electing one of its members President and one Vice President, which officers shall hold office for one year and until their successors are elected, unless their membership on the Board sooner expires. The election of each succeeding President and Vice President shall be held at the meeting of the Board during the last week in July of each year. The Board may fill the unexpired term of any vacancy occurring in the office of President or Vice President. All meetings shall be in a public office of the Board, with reasonable provision for attendance by the public.

Section 52b. (As amended November 2, 2004)The Board shall appoint the City Clerk as secretary of the Board and the Finance Director as chief accounting employee. The secretary shall keep a record of the proceedings and transactions of the Board, specifying therein the names of the Commissioners at all meetings and giving the ayes and noes upon all votes. He/She shall post and publish all orders, and resolutions and notices which the Board shall order to be posted or published, and shall perform such other duties as are herein or may be by order of the Board imposed upon him/her.

Section 52c. The Board of Public Utilities shall have power (subject to the provisions of this Charter and to such Ordinances of the City as are not in conflict with the grants of power made to this department of the City government elsewhere in this Charter) to supervise, control, regulate and manage the department and to make and enforce all necessary and desirable rules and regulations therefor and for the exercise of the powers conferred upon the department by this Charter. It shall have such additional powers and perform such other duties as may be granted or imposed elsewhere in this Charter, or by Ordinance not in conflict with the provisions of this Charter. No grant of power by this Charter to this department of the City government shall be construed to restrict the power of the Council to enact Ordinances under the police power of the City except as otherwise specifically provided in this Charter.

Section 52d. The power conferred by this Charter upon the Board shall be exercised by order or resolution adopted by a majority of its members and recorded in the minutes with the ayes and noes at length. Such action shall be attested by the signature of the President or Vice President, or two members of the Board, and by the signature of the secretary of the Board.

Section 52e. (As amended November 2, 2004)The Department of Public Utilities shall have the power to use a corporate seal, to sue and be sued, and to have perpetual succession; it shall have the power and duty:

1. To acquire, construct, operate, maintain, extend, manage, and control works and property for the purpose of supplying the City and its inhabitants with water and electric energy, gas, heat, sewers, transportation, telephone and telegraph service, and solid waste servicesice or other systems of providing and distributing refrigerating means, materials and service, or any of them, Commented [MH7]: Possibly increase this amount or add
something that says the Council can set this amount by resolution so there can be adjustments without having to do a Charter amendment in the future.
and to acquire and take, by purchase, lease, condemnation, or otherwise, and to hold, in the name of the City, all property situated within or without the City, and within or without the state, that may be necessary or convenient for such purpose. To borrow money for any or all of such purposes on terms and conditions prescribed by said Board, said indebtedness to be payable only out of the revenue fund pertaining to the municipal works for or on account of which such indebtedness was created.

2. To regulate and control the use, sale, and distribution of water, electric energy, gas, transportation, and other utility owned or controlled by the City; the collection of rates therefor and the granting of permits for connection with said water or electric works or gas or transportation or sewer or other utilities; and to fix the rates to be charged for such connection; and subject to approval of the Council by Ordinance or Resolution, to fix by contract or otherwise and for a term deemed reasonable by the Board the rates charged for water or electric energy, or gas, or transportation, or any other utility for use within or without the City, and to prescribe the time and the manner of payment of the same; provided that, except as hereafter otherwise prescribed, such rates shall be of uniform operation as near as may be, and shall be fair and reasonable taking into consideration, among other things, the nature of the use, the quantity supplied, and the value of the service; provided further that the rates inside the City may be less, but no greater, than the rates outside the City for the same or similar uses.

3. To supply and distribute, at rates fixed as hereinbefore provided, any surplus water or surplus electric energy or surplus gas or surplus of any other utility owned or controlled; and subject to the approval of the Council by Ordinance, to fix by contract or otherwise the rates to be charged for public utilities for use without the City, and to prescribe the time and the manner of the same.

4. At the discretion of the Board, to divide the work of the department into as many bureaus as the number of public utilities it controls, and to discontinue such bureaus and to consolidate the work of any such. In case such division is made, the General Manager, subject to confirmation by the Board, shall have the power to appoint a manager for each bureau, who shall operate under and shall be subject to the supervision and direction of the General Manager for the entire department. Each such manager shall be directly responsible to the General Manager and shall have such powers and duties as shall from time to time be conferred on by the General Manager.

5. In the event that all or any portion of a utility is acquired by the Department of Public Utilities under a contract providing for the payment in whole or in part of the purchase price thereof out of revenues to be obtained from said utility, then, at its option, to appoint an agent, corporate or individual, to have charge of and to manage the said utility, so far as may be permitted by law, pending the time that the revenues of the utility shall pay the full purchase price thereof. In the event of the appointment of such agent by contract, the provisions of sections affecting the powers and duties of the manager and of the manager of such utility shall be suspended as to such utility during the term of such contract.

6. To sue and to be sued, and to require the services of the City Attorney in all cases to which the Board or Department is a party, provided that the Board may employ other attorneys to assist the City Attorney therein, with the latter's written approval.

7. To lease, for a term not exceeding five years, any or all of the lands under its control for agricultural or other purposes, which shall not conflict with the beneficial uses of said lands by the City for the purposes for which they are held by the Board; and except as otherwise provided in this Charter, to sell, from time to time, such personal property, placed under its control, as shall not be longer necessary or suitable for the use of such Department. The Board shall have the right, in conjunction with the joint use of pipe lines, poles, or pole facilities, to buy, sell, or lease fractional interests in pipe lines, poles or pole facilities owned or controlled by said other utilities or by said Board. No real property nor any rights or interests in real property held by said Board shall be sold, leased, or otherwise disposed of, or in any manner withdrawn from its control, save as above provided, unless by written instrument duly authorized by Ordinance of the City and a Resolution of the Board, and duly executed by the City and the Board.

No water or water rights nor any of the following property now or hereafter owned or controlled by the City, to wit; gas, electric energy, or the right to develop electric or other power by means of any water or water right now or hereafter owned or controlled by the City, shall ever be sold, leased, or disposed of, in whole or in part, without the assent of two-thirds of the qualified voters of the City voting on the proposition at a general or special election, at which such proposition shall be lawfully submitted, and no water shall ever be sold, supplied, or distributed to any person or corporation, other than municipal, for resale, rental, or disposal to consumers or other persons. Neither shall any electric power or gas ever be sold, supplied or distributed to any person or corporation other than municipal for resale, rental or disposal to consumers or other persons without the assent of two-thirds of the qualified voters of said City given, as aforesaid; provided that nothing in this section contained shall be construed to prevent the ordinary sale and distribution by the City of water, gas, and electric energy to its own inhabitants for their own use, or to prevent the supplying or distribution by the City of surplus electric energy or gas to consumers or municipal corporations outside of the City, as elsewhere in this Charter provided.

8. To control, and order, except as otherwise in this Charter provided, the expenditure of all money received for the sale or use of water, or from any other source in connection with the operation of said water works, and all money received from the sale or use of electric energy or from any other source in connection with the operation of said electric works, and all money received from the sale or use of gas or of transportation or of any other public utility, or from any other source in connection with the operation of said public utilities; provided that all money pertaining to each of said utilities shall be deposited in the City Treasury to the credit of a special fund created for each of said utilities; and the money so deposited in each special fund shall be kept separate and apart from other money of the City and shall be drawn only from said fund upon demands authenticated by signature of the Finance Director. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof.

Section 53. (As amended May 24, 1935)None of the money in or belonging to any of said special revenue funds shall be appropriated or used for any purpose except the following purposes pertaining to the municipal works from or on account of which such money was received, to wit:

1. For the necessary expenses of operating and maintaining such works.

2. For the payment of the principal and interest or either due or coming due under contract or upon outstanding notes, certificates or other evidences of indebtedness issued against revenue of such works or bonds or other evidence of indebtedness, general or district, heretofore or hereafter issued for the purpose of such works or parts thereof.

3. For the necessary expenses of constructing, extending, and improving such works, including the purchase of lands, water rights, and other property; also the necessary expenses of conducting and extending the business of the department pertaining to such works; also for reimbursement to another bureau on account of services rendered, or materials, supplies, or equipment furnished; also for expenditures for the purpose for which bonds, or evidences of indebtedness shall have been authorized, subject to reimbursement as soon as practicable from monies derived from the sale or issuance of such bonds or evidence of indebtedness.

4. For establishing and maintaining a reserve fund to insure payment at maturity of the principal and interest on all bonds and all other contract obligations not outstanding or hereafter issued or made for the purchase of municipal works and such other reserve funds pertaining to such works as the Board may provide for by Resolution subject to approval of the Council by Ordinance. The money set aside and placed in such fund or funds so created shall remain in said fund or funds until expended for the purpose thereof, and shall not be transferred to any other fund of the City. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof.

5. Any balance may be appropriated for use in any ensuing fiscal year or years or be transferred to the general fund of the City with the consent of the Board of Public Utilities, and not otherwise.

Section 53a. The Board may provide for the cost of acquisition of a public utility and or extensions and or betterments of said public utility from funds from the sale of bonds, general or district, and/or from revenues received from said works to which such acquisition, extensions, and betterments pertain and/or from the proceeds of loans contracted in accordance with the provisions of this Charter.

Whenever in the exercise of such power to provide for the cost of acquisition of a public utility and/or extensions and/or betterments from such revenues, the Board may deem it advisable to make any such acquisition, extension or betterment which cannot be provided for out of the appropriations for a single fiscal year, it may at any time adopt a special budget and make special appropriations therefor specifying the amount of such appropriation for each fiscal year during which the cost of such acquisition, extension or betterment is expected to be paid, and when such special budget is so adopted, said Board may incur financial obligations and make expenditures as authorized thereby; provided that no such special appropriation for a future fiscal year shall be made unless, on report of the Manager, it shall find that the reasonably expected revenues of such works in each fiscal year for which such appropriation is made will be amply sufficient to permit the making of such appropriation in addition to the following:

1. Appropriations to cover the necessary expenses of operating and maintaining such works, and such payments of principal and interest on outstanding bonds, as, under the provisions of this Charter, and findings or resolutions provided for therein, said Board is required to apportion and set apart;

2. Appropriation to cover all sums coming due in said year for principal and interest upon notes, certificates or other evidences of indebtedness issued under the provisions of this Charter;

3. Appropriations to cover all appropriations made by any prior special budget; and

4. Appropriations to cover all other reasonably anticipated expenses for said year.

Any such special budget shall be subject to modification or extension upon like report and finding. It shall be the duty of the Board in adopting the annual departmental budget for each fiscal year to include therein appropriations for each item for which an appropriation for that year has been made by any such special budget.

Section 53b. (As amended November 2, 2004)The Board shall each year apportion and set apart out of the revenue fund in the city treasury pertaining to each such municipal works an amount or amounts sufficient to pay at maturity all sums coming due in said year for principal and interest, upon all outstanding general bonds, and/or other obligations issued for the purposes of the works, to which such revenue fund pertains, and also all sums coming due in said year for principal and interest upon all outstanding district bonds, issued for such purposes or such part of the last mentioned sums as can be paid from moneys in said fund not appropriated to other purposes and the Board finds are not required to meet outstanding obligations or liabilities payable out of said fund, including the principal and interest of general bonds, and/or other obligations; and said amounts shall be transferred forthwith into a special fund in the city treasury, to be designated by name indicating the nature or purpose of such special fund, and the money in such special fund shall be subject to apportionment by the Finance Director as may be required to make such payments on the principal and interest of said bonds and/or other obligations, and for no other purpose. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof. The foregoing provisions of this section shall apply to all such bonds now outstanding or hereafter issued; except as in this section provided said Board may, at its discretion, apply the moneys in such revenue funds to such purposes permitted by this Charter and in such order and such amounts as in the exercise of such discretion it shall determine. Balances remaining unexpended in said revenue funds, and all sums receivable into said fund from unpaid bills of consumers and other similar sources at the close of any fiscal year shall be available for appropriations for, and expenditures in, succeeding fiscal years in like manner and for like purposes as revenues received during such succeeding years. The Board shall appoint and shall have the power to remove the General Manager who shall be the chief administrative officer. The City Manager may be appointed General Manager.

Section 53c. Subject to the provisions of this Charter, the rules of the department and instructions of this Board, said General Manager shall have the power and duty:

1. To administer the affairs of the department as its chief administrative officer.

2. To appoint, discharge, suspend, or transfer the employees of the department, other than the secretary of the Board and the chief accounting employee of the department, and to issue instructions to said employees, other than the secretary and the chief accounting employee, in the line of their duties.

3. To expend the funds of the department in accordance with the provisions of the budget appropriations or of appropriations made subsequent to the budget.

4. To recommend to the Board prior to the beginning of each fiscal year an annual departmental budget covering the anticipated revenues and expenditures of the department, conforming as far as practicable to the forms and dates provided in this Charter in relation to the general city budget.

5. To certify all expenditures of the department to the chief accounting employee.

6. To exercise such further powers in the administration of the department as may be conferred upon him/her by the Board.

Section 53d. Repealed: April 13, 1971.

Section 53e. The Board shall provide suitable quarters, equipment, and supplies for the department. It shall create the necessary positions in said department, authorize the necessary deputies, assistants and employees and fix their salaries and duties, and fix the salary of the General Manager and may require bonds of any or all such employees for the faithful performance of their duties.

Section 54. (As amended May 24, 1935)Whenever in this Charter provision is made for the discharge of specific duties by a specific appointee, the appointing power of such appointee may designate an employee or employees in the same department with full power to act in place of such appointee in case of his/her temporary absence or other inability to act; and in other cases upon the written request of such appointee.

Section 55. (As amended May 24, 1935; November 2, 2004)The Board shall, prior to the beginning of each fiscal year, adopt an annual departmental budget and make an annual departmental budget appropriation covering the anticipated revenues and expenditures of said department. Such budget shall conform, as far as practicable, to the forms and times provided in this Charter for the general city budget. Such budget shall contain a sum to be known as the "unappropriated balance", which sum shall be available for appropriation by the Board later in the ensuing fiscal year to meet contingencies as they may arise. A copy of such budget, when adopted, and of every Resolution subsequently adopted making appropriations from said unappropriated balance shall promptly be filed with the City Council and Finance Director. No expenditure shall be made for financial obligations incurred by such department except as authorized by the annual department budget appropriation, or appropriations made subsequent to said annual budget, or as otherwise provided in this Charter. Provided, however, and anything contained in this Charter to the contrary notwithstanding, the Board shall have power at any time to pledge said unappropriated balance, or to contract with reference therefore, for any of the purposes set forth in this Charter.

Section 55a. (As amended November 2, 2004)No money shall be drawn from any fund under the control of such department, except upon warrants authenticated by the signature of the Finance Director, who shall be directly appointed by the Board and shall be directly responsible to it in the discharge of his/her duties. The Board, by resolution, may authorize a temporary substitution in the case of the absence or inability to act of the person whose signature is herein required.

Section 56. Repealed: June 5, 2012.

Section 56a. 1. The Board is hereby authorized to borrow money from the federal government or the state government, or any duly authorized agency created by either said government and acting therefor, to defray the expenses of construction work in the department.

The principal and interest of such borrowed money shall be paid from the revenue fund pertaining to the municipal works for or on account of when such indebtedness was created, and the principal shall be repaid in not more than forty (40) years, no payments of principal need be required the first three (3) years following the date of any such loan.

2. The Board is hereby authorized to make contracts providing for expenditure or incurring financial obligations to be paid in whole or in part in succeeding fiscal years, for or on account of the acquisition of any public utility, and of extensions and improvements of the works under the control of said department, all payments under said contracts to be made out of the revenue fund pertaining to the municipal works for or on account of which such indebtedness was created.

FRANCHISES
Section 57. The general power of the Council to grant franchises for the construction and operation of public utilities in the streets and public grounds of the City of Tulare shall be exercised as provided in this article, and not otherwise.

Section 58. No franchise shall be granted except by ordinance, specifying the streets or other public grounds to which the same may apply.

PUBLIC LIBRARY
Section 59. The public library of the City of Tulare shall be maintained and managed in accordance with the provisions of the general laws of the state.

BOARD OF EDUCATION
Section 60: Repealed November 5, 1996.

Section 61: Repealed November 5, 1996.

Section 62: Repealed November 5, 1996.

Section 63: Repealed November 5, 1996.

Section 64: Repealed November 5, 1996.

SUPERINTENDENT OF SCHOOLS
Section 65: Repealed November 5, 1996.

Section 66: Repealed November 5, 1996.

ORDINANCES TO REMAIN IN EFFECT
Section 67. All lawful ordinances of the City of Tulare, including resolutions and regulations of the several boards and commissions in force and effect at the time this Charter takes effect, and not inconsistent therewith, shall remain in force until duly amended or repealed.

GENERAL MISCELLANEOUS PROVISIONS
Section 68. (As amended April 13, 1971; November 2, 2004; November 2, 2010; June 5, 2012) All fees, fines or other moneys collected by the Library and by the Recreation & Parks departments shall be paid into the city treasury daily.

Section 69. (As amended March 26, 1954; November 2, 2004)At the beginning of each fiscal year the Council shall designated Certified Public Accountants or qualified Public Accountants, duly licensed by the State Board of Accountancy or the State of California, who, at such time or times specified by the Council, shall make an independent audit of accounts and other evidences of financial transactions of the city government, and shall submit their reports to the Council and to the City Manager, and shall, at the end of the fiscal year, submit a final report to the Council and to the City Manager, a copy of such report to be placed on filed with the City Clerk for inspection by the general public.

Such Accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government, or any of its officials; they shall not maintain any accounts or records of the City business, but within the specifications approved by the Council, shall post audit the books and documents kept by the Finance Director, and any separate or subordinate account kept by any office, department or agency of the city government.

Section 70. No officer, board, or member of any board, of this city shall recommend the appointment of, appoint, vote for or elect, to any office, position of employment, in any department of the city government, any person related by consanguinity or connected by marriage with such officer or such member, or with any member of such board. A breach of this section shall be cause for removal of any such officer, board or member of such board.

Section 71. (As amended March 26, 1954; November 2, 2004)Except as otherwise provided for by law, this Charter, or by Ordinance, all public offices shall be kept open every day of the business week, as determined by the City Council, except legal holidays, and all books and records of every officer and department shall be open to the inspection of any citizen at any time during business hours, subject to the proper rules and regulations of the efficient conduct of the business of each department or office.

Section 72. All general laws of the State applicable to municipal corporations, now or hereafter enacted, and which are not in conflict with the provisions of this Charter or with Ordinances or Resolutions hereafter enacted, shall be applicable to the City.

Section 73. Unless otherwise provided by this Charter, any officer or board authorized to appoint any deputy, clerk, assistant or employee, shall have the right to remove the person so appointed.

Section 74. All officers and employees, when this Charter takes effect, shall continue to hold and exercise their respective offices or employment, under the terms of this Charter until the election or appointment and qualification of their successors.

Section 75. No Council Member shall in any manner attempt to influence the City Manager in the making of any appointment or in the purchase of supplies. A violation of this provision shall work a forfeiture of the office of the Council Member.

Section 76. Repealed November 2, 2010.

TAKING INTO EFFECT OF THIS CHARTER
Section 77. If this Charter be approved by the 1923 session of the State Legislature, then for the purposes of nominating and electing candidates for Council Member, City Auditor, Treasurer and Police Judge and for the exercise of the initiative referendum and recall, this Charter shall take effect from the time of its approval by said legislature. For all other purposes it shall take effect on the first day of May, 1923.

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This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. © 2013 American Legal Publishing Corporation
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1.800.445.5588.
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WHEREAS, more than 19,998 individuals in California that are currently on the national organ transplant waiting list, and 22 patients die each day due to the shortage of donated organs; and WHEREAS, Donor Network West serves as the federally designated Organ Procurement Organization in Northern/Central California and Northern Nevada and works in close partnership with fariilies, doctors, nurses, and coroners in hospitals to connect donors to recipients; and WHEREAS, organ and tissue are life-giving acts recognized worldwide as expressions of compassion to those in need that save thousands of lives each year; and WHEREAS, the need for donated organs is especially urgent in Asian, Hispanic and African American communities; and
WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to Jignt lives; donation of tissue can save and healthe lives of up to 75 others; and WHEREAS, the spirit of giving and decision to donate are not restricted by age or medical condition; and
WHEREAS, over fourteen million Californians have signed up with the state-authorized Donate Life California Registry to ensure their wishes to be organ and tissue donors are honored; and WHEREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or renewing their driver's licenses or lD cards at the California Department of MotorVehicles' NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the month of April2024 as
National Donate Life Month
in the City of Tulare and encourage all Californians to check "YES!' when applying for or renewing their driver's license or l.D. card or by signing up at donornetworkwest.org.

Dated this 2nd day of April2024 a
M
Mayor
Gouncilmember
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C. Harrell, Gouncilmember
Nl,',ini, A. fufu^M,,
Dennis A. Mederos, Gouncilmember
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Stephen
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WHEREAS, emergencies can occur at any time that require law enforcement, fire, or emergency medicalservices; and
WHEREAS, when an emergency occurs the prompt response of law enforcement officers, firefighters, and EMS providers is critical to the protection of life and preservation of property; and WHEREAS, the safety of our law enforcement officers, firefighters, and EMS providers is dependent upon the quality and accuracy of information obtained from citizens who contact the emergency communications centers; and
WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our law enforcement officers, firefighters, and EMS providers by monitoring their activities by radio, providing them information, and ensuring their safety; and
WHEREAS, Public Safety Telecommunicators are critical in improving the chance of survivalfor patients who exper'rence sudden tardiac arrest by recognizing the need for cardiopulmonary resuscitation and other lifesaving interventions prior to arrival of EMS; and WHEREAS, Public Safety Telecommunicators of the emergency communications centers has contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and
WHEREAS, each telecommunicator has exhibited compassion, understanding, and professionalism during the performance of their job in the past year.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the week of April 14-20,2024, as
National Public Safety Telecommunicators Week
in the City of Tulare in honor of the individuals whose diligence and professionalism keep our community and citizens safe.

Dated this 2nd day of April2024 a J"r^^-
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Mayor
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J Gouncilmember
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Stephen
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G. Harrell, Councilmember
Ntuni, A. fufu^MDennis A. Mederos, Gouncilmember
City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, March 19, 2024
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Mark
Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Captain Matt Machado; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; 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 7:05 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Mederos led the Pledge of Allegiance, and an invocation was given by Joshua Mateine, Pastor of Unchained Church.

3. PUBLIC COMMENTS
The following provided public comment: Amelia, Adrian Acosta, Gozer, and Ant Vo addressed the Council regarding a cease fire resolution; Donnette Silva-Carter provided various Chamber updates; and Todd Speelman of Spade Entertainment provided an update on the shows booked for the new amphitheater.

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

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

Item #: 10.2
Consent
City Council Meeting Minutes Tuesday, March 19, 2024
City of Tulare Page 2

6. CONSENT CALENDAR
Item 6.4 was removed from the Consent Calendar by Council.

It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for item 6.4.

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 March 5, 2024.

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

6.3 Second Reading and Adoption of Ordinance 2024-01 and 2024-02.

Recommended Action: Adopt Ordinance 2024-01 repealing Chapter 4.36 (Abandoned, Wrecked Vehicles) and enacting Chapter 7.29 (Abandoned, Wrecked, Dismantled, or Inoperative Vehicles on Private Property) of the Tulare Municipal Code; and adopt Ordinance 2024-02 repealing and replacing Sections

7.28.020, 7.28.030, and 7.28.090 of Title 7 (Health and Sanitation), Chapter 7.28 (Nuisances Generally) of the Tulare Municipal Code. [M. Correa]

6.5 Acceptance of a Public Utility Easement for Project WT0055.

Recommended Action: Accept a Grant of Easement for public utilities purposes from Quest Equity, LLC on property (APN 166-020-032) located east of Highway 99 and south of the Corvina Avenue alignment for the construction of a water main connection between Gem Street and Corvina Avenue as identified in the City’s Water Master Plan; and authorize the City Manager or his designee to sign the Certificate of Acceptance for the same. [M. Miller]

6.6 Grant of Easement and Certificate of Conveyance to SCE.

Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within Landscaping Outlot D of the Farrar Estates No. 2 subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

6.7 Purchase of 2025 Ford Police Interceptors.

Recommended Action: Award the purchase of 11 new/unused 2025 Ford Police Interceptor Utility (K8A)(AWD) vehicles to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $647,859.74. [T. Whitfield]

6.8 School Resource Officer Agreement.

Recommended Action: Authorize the City Manager, or designee, to execute an agreement with the Tulare City School District for the School Resource Officer Program to be effective through June 30, 2026. [M. Machado] City Council Meeting Minutes Tuesday, March 19, 2024
City of Tulare Page 3

PULLED CONSENT CALENDAR ITEMS

6.4 Conditional Acceptance of Tentative Parcel Map No. 2023-01.

Recommended Action: Subject to receipt of the signed parcel map, all fees, and other required items prior to May 18, 2024, conditionally approve tentative parcel map No. 2023-01 and accept all easements and dedications offered thereon to the City. [M. Miller]
Council Action: Vice Mayor Isherwood pulled this item for comment. Council posed questions that were responded to by City Engineer Michael Miller.

Following discussion, it was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

7. PUBLIC HEARINGS

7.1 Amend the Master Fee Schedule.

Recommended Action: Adopt a resolution amending the City of Tulare’s Master Fee Schedule with regard to certain Engineering Division Fees.

Presented By: City Engineer Michael Miller
Public Comment: The public hearing was opened at 7:42 p.m. Receiving no public comment, the public hearing was closed at 7:42 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

8. FUTURE AGENDA ITEMS

8.1 Amending City Truck Route Ordinance.

Recommended Action: It was the consensus of Council to have staff add this item to a future agenda.

8.2 Funding for the Arts in the City of Tulare.

Recommended Action: It was the consensus of Council to have staff add this item to a future agenda.

9. GENERAL BUSINESS

9.1 Tulare County LAFCO Representative Selection.

Recommended Action: Select a councilmember to be considered to serve as the large city representative on the Tulare County Local Agency Formation Commission (LAFCO) for a term ending May 2028.

Presented By: Chief Deputy City Clerk Melissa Hermann
Public Comment: None
Council Action: It was moved by Councilmember Sigala and seconded by Councilmember Harrell to select Councilmember Sigala to be considered for appointment to LAFCO. Mayor Sayre called for a roll call vote.

AYES: Councilmember Sigala, Councilmember Harrell
NOES: Councilmember Mederos, Vice Mayor Isherwood, Mayor Sayre Motion FAILED 2-3
City Council Meeting Minutes Tuesday, March 19, 2024
City of Tulare Page 4
It was moved by Councilmember Mederos and seconded by Mayor Sayre to select Councilmember Mederos to be considered for appointment to LAFCO.

Mayor Sayre called for a roll call vote.

AYES: Councilmember Mederos, Mayor Sayre, Councilmember Harrell, Councilmember Sigala, Vice Mayor Isherwood
NOES: None
Motion PASSED 5-0

10. STAFF UPDATES
Staff provided updates on department activities.

11. ADJOURNMENT
The regular meeting was adjourned at 8:20 p.m.

Approved by Council: April 2, 2024

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: April 2, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Tulare Irrigation District Water Main Crossing Common Use Agreement

RECOMMENDED ACTION
Authorize the City Manager to execute a pipeline crossing common use agreement with Tulare Irrigation District (TID) for an 8-inch water main crossing at Enterprise Street and TID’s Lemos Ditch, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of the Soults Mutual Water Company (SMWC) Water System Improvements Project located southwest of Hwy 137 and Haven Street, SMWC is upgrading the existing water mains and services within the existing Soults Track to current City standards. Upon completion of the project, the City of Tulare will take over the maintenance and operation of the water mains and services.

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

LEGAL REVIEW
The TID water main crossing common use agreement has been reviewed and approved as to form and content by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – any proposed changes to the common use agreement could take months to resolve with TID, further delaying the construction of the required improvements.

2. Deny – would prevent the SMWC from constructing the required water system improvements.

3. Table – would delay construction of the SMWC’s water system improvements.

ATTACHMENTS

1. TID’s Agreement for Common Use of Easement
Reviewed/Approved:

Item #: 10.3
Consent
Documentary Transfer Tax - $0.00
Recorded or the Benefit of:

TULARE IRRIGATION DISTRICT
P.O. Box 1920 Tulare, CA 93275
Recording Informaon

AGREEMENT FOR COMMON USE OF EASEMENTS
THIS AGREEMENT, made and entered into this ______ day of ____________, 2024, by and between the TULARE IRRIGATION DISTRICT, hereinafter referred to as "DISTRICT", and the City of Tulare, hereinafter referred to as "CITY", with reference to the following Recitations.

R E C I T A T I O N S:

A. DISTRICT is the owner of a pre-existing culvert
structure just south of the intersection of Enterprise Street (Road 84) and West Soults Dr, in Tulare County, for its use in connection with the construction, maintenance, operation and use of an irrigation canal and/or pipeline and incidental
appurtenances, known as the “Lemos Ditch.”
B. CITY has or will acquire a right-of-way interest
in certain lands in the same area as the DISTRICT's easement and right of way, and CITY intends to use this right-of-way interest for the purpose of constructing, maintaining and operating an extension of City's Utilities.

C. A portion of CITY's right-of-way will overlap
DISTRICT’s pre-existing easement or right-of-way, which overlapping portion is more specifically described as that area shown on the diagram attached hereto as Exhibit "A", such overlapping area being hereby designated as the "Area of Common Use". For purposes of this Agreement, the Area of Common Use is limited to the area subject to DISTRICT’s easement rights and excludes any area that is not subject to DISTRICT’S easement rights.

D. The improvements to be constructed by CITY within
or near the Area of Common Use are described in Exhibit "B" (the improvements so described are hereinafter referred to as "the Improvements").

E. DISTRICT and CITY wish to establish certain
conditions under which the Area of Common Use shall be used by the Parties.

A G R E E M E N T
NOW, THEREFORE, it is agreed as follows:

I
DISTRICT hereby consents to the use by CITY of the Area of Common Use for purposes of constructing, maintaining and operating the Improvements. CITY’s use of the Area of Common Use shall be subject to DISTRICTS’ right to fully use the Area of Common Use in accordance with DISTRICT’s existing easement rights and the terms and conditions herein contained. DISTRICT does not by this Agreement subordinate any rights it may have in the Area of Common Use to any use which the CITY shall make of the land. CITY acknowledges that by DISTRICT’s consent to CITY’s use of the Area of Common Use, DISTRICT is making no representation or warranty regarding the existence or nonexistence of any third parties claiming a right, title or interest in the Area of Common Use. CITY may exercise its right-of-way rights outside of the Area of Common Use,
including, without limitation, any areas that are not subject to DISTRICT’s easement rights, in any manner that CITY deems appropriate as long as CITY does not unduly interfere with DISTRICT’s easement rights.

II
As consideration for the consent provided by the DISTRICT to the CITY in accordance with this Agreement and processing thereof, CITY shall pay to the DISTRICT the sum of $100 upon execution of said Agreement.

III
CITY shall, at its own cost and with DISTRICT’s prior
approval, locate, construct, and maintain the Improvements in the Area of Common Use in such a manner and of such material as may be required so that it will not, at any time, be a source of danger to or interference with the present or future uses of the DISTRICT’s facilities located within the District’s easement pursuant to its existing easement rights. CITY is specifically required to coordinate the construction of the Improvements so that it does not interfere with DISTRICT’s water delivery and maintenance schedules of DISTRICT’s
facilities existing in accordance with its easement rights.

The constructed facilities shall be in conformance with the construction plans shown in Exhibit “B.”
The right of the DISTRICT to approve such construction
details is solely for the benefit of the DISTRICT and is not intended to assign to DISTRICT any responsibility for the safe and proper construction of the Improvements, such
responsibility and liability being entirely assigned to CITY.

Approval by the DISTRICT of construction details shall not result in an assumption of liability for the Improvements.

IV
All of the Improvements constructed or installed pursuant to this Agreement shall be the property of CITY, and all
appurtenances and facilities installed or existing in the Area of Common Use which are related to DISTRICTS’ facilities shall be the property of DISTRICT. Except as herein otherwise provided, neither DISTRICT nor CITY shall have any right, title, or control over the other's the property other than it already has under applicable law.

V
Except as expressly set forth herein, this Agreement shall not in any way alter, modify, or terminate DISTRICTS’ easement in the Area of Common Use. Both DISTRICT and CITY shall use the Area of Common Use in such a manner as not to unreasonably interfere with the rights of one another and nothing herein shall be construed as a release or waiver of any claim for compensation or damages which DISTRICT or CITY may now have, or may hereafter acquire, resulting from the construction or alteration of existing facilities or the construction or alteration of additional facilities by either DISTRICT or CITY which causes damage to or unreasonable interference with the use of the Area of Common Use by the other Party.

VI
CITY shall be responsible to pay, and shall reimburse
DISTRICT upon demand, for any reasonable cost incurred by DISTRICT for work performed by DISTRICT that is caused by or required by CITY’s construction, maintenance or use of the Improvements, whether such work was completed at CITY’s expense or as reasonably determined to be necessary by DISTRICT.

DISTRICT shall be responsible to pay, and shall
reimburse CITY upon demand, for any reasonable cost incurred by CITY for work performed by CITY on the Improvements that is caused or required by any DISTRICT work performed within the Area of Common Use, whether such work was completed at
DISTRICT’s expense or as reasonably determined to be necessary by CITY.

Except as described above, DISTRICT and CITY shall be
responsible for the maintenance, repair, alteration,
improvement or relocation of their respective facilities within the Area of Common Use. In the event that the DISTRICT must enter the Area of Common Use to maintain, repair, alter or improve its facilities, it shall not be responsible for the cost to replace or repair the identified Improvements placed by the CITY within the Area of Common Use; provided however, DISTRICT will coordinate with CITY prior to undertaking any work so damage to the Improvements may be avoided or minimized.

Nothing in this Agreement shall relieve the Parties from any responsibility toward the other for damage to the other’s property located outside of the Area of Common Use.

VII
To the fullest extent permitted by law, CITY agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arising out of its use of the Area of Common Use, except for any such claims arising out of the willful misconduct or negligence of DISTRICT or its directors, officers, employees or authorized volunteers. CITY agrees to defend, hold harmless, and indemnify DISTRICT, its directors, officers, employees or authorized volunteers against any and all such injuries, damages, and claims. This indemnification agreement shall not be restricted to any insurance proceeds.

To the fullest extent permitted by law, DISTRICT agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arising out of its use of the Area of Common Use, except for any such claims arising out of the willful misconduct or negligence of CITY or its council members, officers, employees or authorized volunteers.

DISTRICT agrees to defend, hold harmless, and indemnify CITY, its council members, officers, employees or authorized
volunteers against any and all such injuries, damages, and claims. This indemnification agreement shall not be restricted to any insurance proceeds.

VIII
Except in the event of an emergency, or as necessary to maintain the flow of water in DISTRICTS’ canal or pipeline, each Party shall give the other reasonable notice before performing or permitting any work affecting the other's facilities in the Area of Common Use, and shall furnish the other Party with plans and specifications describing the work to be done beforehand. Neither Party shall permit installation of facilities by others in the Area of Common Use without the written consent of the other Party. The reviewing Party shall have the right to specify reasonable conditions on, or changes in, the proposed work and schedule when necessary to prevent damage to its facilities or interference with its operations in the Area of Common Use. Where such changes shall result in additional expense, such expense shall be borne by CITY. Each Party agrees to repair any damage to the other Party's
facilities caused by work permitted, directed or performed by it within the Area of Common Use, except where the CITY'S facilities within the Area of Common Use must necessarily be damaged, destroyed or removed by DISTRICT to accommodate repair, maintenance, modification or replacement of DISTRICTS’ facilities, DISTRICT shall have no obligation to restore CITY's affected facilities; provided however, such release from liability shall not apply to any DISTRICT work performed outside of the Area of Common Use. In the event of an emergency, no such notice shall be required and either Party may proceed to do what is reasonably necessary to prevent serious loss or damage and to protect the public health and safety. An
emergency shall be deemed to exist if immediate action is reasonably required to prevent serious loss or damage to life or property, or to protect the public health and safety.

XI
This Agreement shall apply to and bind successors and
assigns of the respective Parties hereto.

X
Violation of any term of this Agreement shall be cause of termination of the Agreement, and in such an event, DISTRICT shall have all remedies available at law or equity to enforce DISTRICT’s right to the unimpeded use of the Area of Common Use. No termination of this Agreement shall release CITY from liability hereunder, whether of indemnity or otherwise.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
“CITY”
City of Tulare
“DISTRICT”

TULARE IRRIGATION DISTRICT
A Public Corporation
By: _________________________ By:__________________________ Marc Mondell, City Manager Aaron Fukuda, Secretary
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

S LEMOS DITCH
OF
DESIGN ENGINEER:

JOB NO:

DATE:

WATER SYSTEM IMPROVEMENTS PROJECT

SOULTS MUTUAL WATER COMPANY

COUNTY OF TULARE, CA

EXHIBIT A- AREA OF COMMON USE
ELV
09/12/2023
231623001
1 1 9/18/2023 12:44 PMG:\Soults MWC-2316\231623001-Const Admin for Water Co\300 CAD\340 Sheet Sets\99_Exhibits\1 EXHIBIT A- AREA OF COMMON USE.dwg -Stacey Claros www.provostandpritchard.com
COUNTY

RIGHT-OF-WAY
0 10 20 40 SCALE IN FEET TID RIGHT-OF-WAY
8" WATERMAIN
COUNTY

RIGHT-OF-WAY

TID RIGHT-OF-WAY AREA OF

COMMON USE

ENTERPRISE STREET
LEGEND
(E) SEWER MAIN
(E) GAS MAIN
(E) OVERHEAD

ELECTRIC
COUNTY

RIGHT-OF-WAY
COUNTY

RIGHT-OF-WAY

EXHIBIT B
The improvements to be constructed within the Area of Common use are a domesc water main to be owned and operated by the City ofT ulare. The domesc water main consists of 8-inch Polyvinyl Chloride piping and associated fi ngs installed along Enterprise Avenue and will cross under the exisng Lemos Ditch that is owned and operated by Tulare Irrigaon District. The construcon o&he pipe crossing will be done per Tulare Irrigaon District Standards.

Staff Report
Meeting: City Council
Date: April 2, 2024
Department: Community Development - Housing
Submitted by: Gladys Avitia, Housing and Grants Specialist Agenda Title: Application for Funding - 2022-2023 HOME

RECOMMENDED ACTION
Adopt a resolution as presented to approve the submittal of an application to the HOME Program for up to $500,000 for First-Time Homebuyer, Owner-Occupied Rehabilitation, and Tenant Based Rental Assistance Programs within the City of Tulare.

SUMMARY
On January 19, 2024, the Department of Housing and Community Development (HCD) released the 2022-2023 HOME Notice of Funding Availability (NOFA). The City of Tulare has previously received 2 different grants under the HOME Program which have established three vital programs to bolster affordable housing initiatives: First-Time Homebuyer, OwnerOccupied Rehabilitation, and Tenant-Based Rental Assistance.

Our First-Time Homebuyer Program aims to facilitate homeownership for low-income individuals and families within the City. Meanwhile, the Owner-Occupied Rehabilitation Program is dedicated to ensuring the safety and livability of homes for low-income homeowners. Lastly, the Tenant-Based Rental Assistance Program directly addresses the ongoing challenges of housing affordability for renters in our community.

FISCAL IMPACT & FUNDING SOURCE(S)
The HOME program allows up to 2.5% of the awarded amount to be utilized for program administration but does not provide long-term funding. Therefore, with Housing and Grants Division staff assuming grant administration duties, any associated expenses - including contract/grant setup, draw submissions, quarterly/annual report submissions, and loan servicing - will be absorbed by the City. These costs will be covered by the Community Development Department budget.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes: Housing and Grants Division will edit activity and/or award requests and submit an application to HOME on the City’s behalf.

Item #: 10.4
Consent

2. Deny: The City will not apply for the HOME Application and miss the opportunity to receive grant funds.

3. Table: Rescheduling consideration of this item will cause the City to miss the opportunity to apply for HOME grant funds by the application deadline.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF

SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY

AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO

PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM WHEREAS, the California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200; and
WHEREAS, on January 19, 2024, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”); and
WHEREAS, in response to that HOME NOFA, The City of Tulare, a municipal corporation, wishes to apply to the Department for, and receive an allocation of, HOME funds.

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

Section 1. In response to the above-referenced HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five-Hundred Thousand Dollars ($500,000) for the following activities and/or programs:
• First Time Homebuyer Program
• Owner Occupied Rehabilitation Program
• Tenant Based Rental Assistance Program
to be located in the City of Tulare.

Section 2. If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or Resolution 2024-XX

Page 2 ends

required by the Department or HUD for participation in the HOME program (collectively, the required documents).

Section 3. The Applicant authorizes the Mayor or their designee(s) to execute, in the name of the Applicant, the HOME Standard Agreement.

Section 4. The Applicant authorizes the City Manager or their designee(s) to execute, in the name of the Applicant, all other required documents.

PASSED, APPROVED, AND ADOPTED on this 2nd day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: April 2, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: EN0088 Prosperity & West Traffic Signal Project – ROW Consultant Contract

RECOMMENDED ACTION
Approve and authorize the City manager to sign a purchase order amendment for $5,600 with Monument Right of Way for reappraisal fees and additional acquisition services related to City project EN0088 – Prosperity and West Traffic Signal.

SUMMARY
Capital Improvement Project EN0088 addresses pavement and infrastructure improvements along Prosperity Avenue and West Street. This project required reconstructing and widening the Prosperity & West intersection, including installing a new traffic signal. This construction will necessitate the acquisition of additional right-of-way. Project EN0088 dates back to 2017, when City Council directed staff to commence the project's design and right-of-way acquisition phases. Monument Right of Way, a consultant from our on-call list, was awarded the right-ofway acquisition contract.

On March 4, 2024, the City Engineer approved a purchase order increase of 10% to the original contract amount to complete the acquisition. On March 20, 2024, with the acquisition process nearly complete, Monument informed the City that the Parmar property, one of the properties (1279 N West St) required for this project, had been sold. As a result, Monument must restart the acquisition process with the new property owners, requiring a reappraisal of the property and additional services. The original budget and the 10% increase have been exhausted. Due to the abovementioned circumstances, Monument needs additional funding to complete the acquisition.

FISCAL IMPACT & FUNDING SOURCE(S)
EN0088-030-0230

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes.

2. Deny – Should Council deny the request to amend the on-call contract with Monument. The City will not have the easement required to move forwards with the project.

3. Table – The postponement of amending the contract with Monument will delay the process of executing a contract amendment and delay the project.

Item #: 10.5
Consent

ATTACHMENTS

1. Updated project sheet
Reviewed/Approved:
2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 010 -Conceptual $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
020 - Preliminary Design $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 030 - Environmental $312 $0 $43,494 $35,752 $0 $0 $0 $0 $0 $79,558 $0 0206 - Environmental $0 $0 $2,532 $35,752 $0 $0 $0 $0 $0 0210 - Attorney $0 $0 $877 $936 $10,000 $0 $0 $0 $0
0230 - Right-of-Way $0 $0 $40,085 $25,848 $67,100 $0 $0 $0 $0 0987 - Development Services Time $312 $0 $0 $0 $0 $0 $0 $0 $0 040 - Final Design $91,959 $42,614 $12,090 $24,706 $592 $0 $0 $0 $0 $171,960 $0 0202 - Engineering $87,856 $29,336 $3,172 $16,067 $0 $0 $0 $0 $0 0996 - Project Management Time $3,467 $11,768 $8,451 $6,504 $0 $0 $0 $0 $0 0998 - Development Services Time $636 $1,510 $467 $2,135 $592 $0 $0 $0 $0 050 - Construct/Impliment $0 $0 $3,011 $0 $6,181,916 $0 $0 $0 $0 $6,184,927 $0 0202 - Engineering $0 $0 $0 $0 $37,414 $0 $0 $0 $0
0203 - Construction Management $0 $0 $0 $0 $350,755 $0 $0 $0 $0 0205 - Labor Compliance $0 $0 $0 $0 $46,767 $0 $0 $0 $0 0225 - Miscellaneous $0 $0 $0 $0 $36,000 $0 $0 $0 $0
0231 - Property Surveys & Testing $0 $0 $0 $0 $93,535 $0 $0 $0 $0 0601 - Construction Costs $0 $0 $0 $0 $4,676,732 $0 $0 $0 $0 0612 - Materials Testing $0 $0 $0 $0 $116,918 $0 $0 $0 $0 0996 - Project Management Time $0 $0 $0 $0 $70,151 $0 $0 $0 $0 0998 - Development Services Time $0 $0 $0 $0 $4,677 $0 $0 $0 $0 0999 - Contingency $0 $0 $3,011 $0 $748,967.30 $0 $0 $0 $0 060 - Close Out $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Costs: $92,271 $42,614 $58,595 $60,458 $6,182,507 $0 $0 $0 $0 $6,436,445 $0 PROJECT DESCRIPTION & PURPOSE: Installation of a new traffic signal due to increased traffic volume at the intersection of Prosperity Avenue and West Street. Includes acquisition of necessary right of way to achieve the ultimate alighnment of the intersection. The project also addressed ADA concrete work.
2023 - 2028 CIP Transportation
PROJECT #: EN0088
Prosperity & West Traffic Signal Improvements
(Capital)
(Capital)
District(s): 1, 2
PROJECT MANAGER: Michael Miller
KEY POINTS: Critical Utility Infrastructure Improvements; Traffic safety; Relief from potential liability concerns; Compliance to the American Disabilities Act.

PROJECT STATUS: Underway
PROJECTED START DATE: 12/1/2019
PROJECTED END DATE: 6/30/2024
FUTURE M & O: (Additional Cost &
Department Responsibility)
Maintenance and utility costs are estimated at $2,500 / year.

CRITERIA (1-8): Criteria 7: Project addresses regulatory, safety, or environmental requirements that could threaten in whole or in part the City's ability to operate a core program or function at some future time if not replaced or repaired.

Costs Description
Fiscal Year
Total Unfunded
97 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 Fund 021 - Measure R Local $134,538 $1,000,000 $0 $0 $588,009.49 $0 $0 $0 $0 $1,722,547 $0 Fund 022 - Gas Tax $0 $0 $1,564,114 $0 $1,264,509.64 $0 $0 $0 $0 $2,828,624 $0 Fund 230 - Local Streets & Traffic Signals DIF $0 $0 $0 $0 $749,027 $0 $0 $0 $0 $749,027 $0 Fund 260 - Water DIF Fund $0 $0 $0 $0 $10,239 $0 $0 $0 $0 $10,239 $0 Fund 290 - Sewer DIF Fund $0 $0 $0 $0 $72,696 $0 $0 $0 $0 $72,696 $0 Fund 610 - Water CIP Fund $0 $354,689 $0 $0 $141,333.40 $0 $0 $0 $0 $496,022 $0 Fund 615 - Sewer/Wastewater CIP Fund $0 $0 $398,499 $0 $158,790.43 $0 $0 $0 $0 $557,289 $0 Total Funding: $134,538 $1,354,689 $1,962,613 $0 $2,984,605 $0 $0 $0 $0 $6,436,445 $0 G/L #'s:

Notes:
643-4643-6028
Revised 03/05/24 to include SCE relocation costs of $233,123,78 in contingency. Approved by TMT on 3/22/19. Approved by Council on 11/05/19.

Funding Sources
Fiscal Year
Total Unfunded
98 Staff Report
Meeting: City Council
Date: April 2, 2024
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Lago Subdivision

RECOMMENDED ACTION
Adopt a resolution denying the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision; OR Adopt a resolution upholding the applicants appeal of the Planning Commission’s determination to deny approval of Tentative Subdivision No. 2023-27 – Lago Subdivision, adopt a resolution approving General Plan Amendment No. 2024-01 to change the existing General Plan land use designation from community commercial to low density residential on approximately 14.06 acres, pass-to-print an ordinance approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately

14.06 acres, adopt a resolution approving the Fourth Amendment to the Del Lago Specific Plan, and adopt a resolution to adopt the initial study / mitigated negative declaration prepared for Tentative Subdivision No. 2023-27 – Lago Subdivision, General Plan Amendment no. 2024-01, Zone Amendment No. 753 and the Fourth Amendment of the Del Lago Specific Plan.

SUMMARY
This is a request by San Joaquin Valley Homes to subdivide approximately 14.06-acres into a 125-lot single-family residential subdivision to be built in two phases and to be zoned R-1-4 (Small Lot Single Family Residential – 3,200 square foot minimum lot area).

Specific Plan Amendment
In 1999, the Amended Del Lago Specific Plan, which included a land use plan and guidelines for development of a 611-acre site was developed. The proposed Lago Subdivision falls within the Del Lago Specific Plan planning area. Since its original adoption, the Del Lago Specific Plan has guided the development of the 611-acre site which has geographic boundaries with the northern boundary being Cartmill Avenue, western boundary being Hillman Street, southern boundary being Prosperity Avenue, and the eastern boundary being Mooney Blvd. (does not include the former winery property). The Del Lago Specific Plan has been amended 3 times previously to allow for various development that has occurred within the plan area since its adoption.

The applicant is proposing to make several changes to the Amended Del Lago Specific Plan (see attached Del Lago Specific Plan Fourth Amendment). Proposed changes include the following:

Item #: 11.1
Public Hearing
- Amendment of the “Revised Concept Plan” (Figure 1-3) to change the land use designation for “Area C” from Community commercial to single-family residential. - Addition of Residential Design Standards for “Area C” which pertain to the Lago Subdivision (Table 3-5) and would supersede zoning requirements of the R-1-4 zone.

These standards establish specific requirements relating too:
o Lot sizes
o Lot dimensions
o Setbacks
o Garage Type
- Inclusion of Appendix B to provide discussion of updated mitigation measures for the Lago Subdivision as identified in the Initial Study / Mitigated Negative Declaration prepared for the project.
- Other revisions made to ensure tables and descriptions are consistent with new total lot counts for the overall development with the proposed Lago Subdivision. - Several revisions to reflect current conditions and reflect that improvements have been made and development has occurred.

The proposed amendments are necessary to be adopted for entitlement of the Lago Subdivision within the Del Lago Specific Plan.

The current zoning designation for the site is C-3 (Retail Commercial). The applicant proposes to amend the zoning designation to allow for the construction of a single-family residential subdivision with lot sizes as proposed by the applicant. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Small-lot Residential).

Side Yard Setback on
Garage Side of Home 4 ft. 4 ft.

Rear Yard Area 5 ft. minimum 450 sq. ft. minimum area
Covered Parking One, Two and Two-Car
Tandem
Two-Car
Any remaining standards of the R-1-4 zone, not outlined above, will be required to be met.

Staff has reviewed the proposed standards and believe them to be consistent with the policies of the General Plan.

The City is currently engaged in a project to install many of the same improvements to the south of the project site along the Mooney Blvd. frontages of the Tesori and Bella Oaks subdivisions. Due to the complexity and cost of these improvements in working with Caltrans and Southern California Edison, both the applicant and City staff see potential benefits in working together to install these improvements concurrently. San Joaquin Valley Homes has expressed a willingness to enter into a development agreement with the City to install all of the required improvements as part of a single project in exchange for compensation from the City for improvements south of their project site. If the project is approved, City staff would explore a potential development agreement with San Joaquin Valley Homes and if it is found to be beneficial would bring any possible agreement to Council for its review and approval.

Staff Concerns – Applicants Response
The proposed development is a new concept that is unique to Tulare. Planning staff has some concerns with what has been proposed as outlined below and has provided the applicant with an opportunity to respond to these concerns.

In response to your concern, we would like to note that there are many properties close to the proposed project that remain zoned for commercial uses. The intersection of Highway 99 and Cartmill currently offers a significant amount of vacant commercial land less than 1.5 miles away from our proposed subdivision, poised to serve as a major commerce corridor upon development completion. Within Del Lago, at the Northwest Corner, there are approximately 12 acres of undeveloped commercial property. At the Southeast Corner of Del Lago, The Vineyard currently offers an additional 8 Acres of land that remains undeveloped, this too is zoned for commercial uses. Lastly, the undeveloped property across Mooney Boulevard from the subject property has a General Plan designation of Village, which will allow staff to consider commercial needs at the time that property is developed.

Applicant Response: The inclusion of a one-car garage option stems from our research into the market and the ability to continue to offer homes that are more affordable. We estimate 18% of lots will feature the single car garage option. We believe that by providing diverse housing options, we are better able to cater to different preferences and needs within the community. To address potential concerns about parking and garage usage, we intend to implement Covenants, Conditions, and Restrictions (CC&Rs) along with a Homeowners Association (HOA) to regulate garage usage and ensure that space inside the garage remains reserved for parking. This proactive approach will help support the functionality of the subdivision and will address any concerns regarding garage usage effectively.

Insufficient Parking – Planning staff is concerned that the combination of the number of guest parking spaces, street parking, and some units having one car garages is not sufficient.

A 30-day public notice was published on January 25, 2024, for the proposed discretionary approvals and Notice of Intent to adopt (NOI) a Mitigated Negative Declaration for the proposed project. One comment letter was received from the San Joaquin Valley Air Pollution Control District. The most substantive comment recommended that a prioritization screening for the need for a health risk assessment be completed. They applicant completed a prioritization screening which did not screen the project out of the need for a health risk assessment. The applicant then prepared a health risk assessment which concluded that “health risk levels to nearby receptors from project-related construction emissions would be below the air district’s thresholds. Therefore, no significant health risk would occur relating to emissions from Project-related construction emissions. The documents have been provided as Appendix ‘E’ and “F’ within the initial study document provided.

The applicant has filed an appeal of the Planning Commission’s determination and paid necessary filing fees within the required timeline for appeal.

FISCAL IMPACT & FUNDING SOURCE(S)
As development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Table

ATTACHMENTS

1. Resolution – General Plan Amendment

2. Resolution – Specific Plan Amendment

3. Resolution – IS / MND adoption

4. Resolution – Denying Appeal of TSM

5. Resolution – Upholding Appeal of TSM

6. Ordinance – Zone Amendment

7. PC Package

8. Final IS / MND (due to size, provided in a separate document)

9. Letter of Support from Del Lago Development and the Lagomarsino Group Reviewed/Approved:

RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ADOPTING GENERAL PLAN AMENDMENT NO. 2024-01
WHEREAS, the Tulare City Council at a regular meeting on April 2, 2024, held a public hearing to consider amending the City of Tulare General Plan land use designation from Community Commercial to Low Density Residential on approximately

14.06-acres located on the south west corner of Cartmill Avenue and Mooney Blvd. (APNs 149-380-032, 149-390-022); 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. 2024-01 is hereby adopted and will be reflected on the General Plan Land Use Map.

PASSED, APPROVED, AND ADOPTED on this 2nd day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ADOPTING THE FOURTH AMENDMENT TO THE DEL LAGO SPECIFIC PLAN WHEREAS, the Tulare City Council at a regular meeting on April 2, 2024, held a public hearing to consider amending the Del Lago Specific Plan to accommodate proposed development of Area ‘C’ of the Del Lago Revised Concept Plan and more specifically described as the southwest corner of Cartmill Avenue and Mooney Blvd.

The proposed amendment is the Fourth Amendment of the Del Lago Specific Plan; and WHEREAS, the Tulare City Council has determined that the proposed amendment is in the public interest; and
WHEREAS, the Tulare City Council determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and
WHEREAS, the Tulare City Council determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety, or welfare; and
WHEREAS, the Tulare City Council determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).

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

Section 1. The Fourth Amendment to the Del Lago Specific Plan is hereby adopted.

PASSED, APPROVED, AND ADOPTED on this 2nd day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE SUBDIVISION MAP 2023-27 – (LAGO SUBDIVISION), DEL LAGO SPECIFIC PLAN – FOURTH AMENDMENT, GENERAL PLAN AMENDMENT NO. 2024-01 AND ZONE AMENDMENT NO. 753
WHEREAS, the Council of the City of Tulare held a regular meeting on April 2, 2024 to adopt a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2023-27 – (Lago Subdivision), Del Lago Specific Plan – Fourth Amendment, General Plan Amendment No. 2024-01, and Zone Amendment No. 753; and WHEREAS, the Council of the City of Tulare determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and
WHEREAS, the Council of the City of Tulare considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment after mitigation; and WHEREAS, the Council of the City of Tulare determined that the proposed Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis.

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

Section 1. The Mitigated Negative Declaration prepared for Tentative Subdivision Map 2023-27 – (Lago Subdivision), Del Lago Specific Plan – Fourth Amendment, General Plan Amendment No. 2024-01 and Zone Amendment No. 753 is hereby adopted by the Council of the City of Tulare.

PASSED, APPROVED, AND ADOPTED on this 2nd day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
DENYING THE APPEAL OF TENTATIVE SUBDIVISION MAP NO. 2023-27 – LAGO

SUBDIVISION
WHEREAS, the Council of the City of Tulare held a regular meeting on April 2, 2024 and considered an appeal filed by San Joaquin Valley Homes of the Planning Commission’s decision to deny Tentative Subdivision Map No. 2023-27 – Lago Subdivision, a request to construct a 125-lot single-family residential subdivision to be located on the southwest corner of Cartmill Avenue and Mooney Boulevard; and WHEREAS, the Council of the City of Tulare voted ___ to ___ on an appeal of Tentative Subdivision Map No. 2023-27 – Lago Subdivision, resulting in denial of said appeal; and
WHEREAS, the Council of the City of Tulare determined that this request is not in conformance with the objectives of the General Plan; and WHEREAS, the Council of the City of Tulare determined that the proposed design or improvements of the proposed subdivision are inconsistent with the Tulare General Plan; and
WHEREAS, the Council of the City of Tulare determined that the proposed site is physically unsuitable for the type of development proposed; and WHEREAS, the Council of the City of Tulare determined that the proposed subdivision map is inconsistent with the Tulare City Municipal Code.

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

Section 1. The appeal of Tentative Subdivision Map No. 2023-27 - Lago Subdivision is hereby denied.

PASSED, APPROVED, AND ADOPTED on this 2nd day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
UPHOLDING THE APPEAL OF TENTATIVE SUBDIVISION MAP NO. 2023-27 –

LAGO SUBDIVISION
WHEREAS, the Council of the City of Tulare held a regular meeting on April 2, 2024 and considered an appeal filed by San Joaquin Valley Homes of the Planning Commission’s decision to deny Tentative Subdivision Map No. 2023-27 – Lago Subdivision, a request to construct a 125-lot single-family residential subdivision to be located on the southwest corner of Cartmill Avenue and Mooney Boulevard; and WHEREAS, the Council of the City of Tulare voted ___ to ___ on an appeal of Tentative Subdivision Map No. 2023-27 – Lago Subdivision, resulting in upholding of said appeal; and
WHEREAS, the Council of the City of Tulare determined that this request is in conformance with the objectives of the General Plan; and WHEREAS, the Council of the City of Tulare determined that the proposed design or improvements of the proposed subdivision are consistent with the Tulare General Plan; and
WHEREAS, the Council of the City of Tulare determined that the proposed site is physically suitable for the type of development proposed; and WHEREAS, the Council of the City of Tulare determined that the proposed subdivision map is consistent with the Tulare City Municipal Code.

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

Section 1. The appeal of Tentative Subdivision Map No. 2023-27 - Lago Subdivision is hereby upheld.

PASSED, APPROVED, AND ADOPTED on this 2nd day of April 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
ORDINANCE 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.24.05 OF SAID CODE ZONE AMENDMENT NO. 753
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.

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

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

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

REZONING approximately 14.06 acres of property from the C-3 (Retail Commercial) zoning designation to the R-1-4 (Small-lot Residential) zoning designation and is located on the southwest corner of Cartmill Avenue and Mooney Blvd. as set forth more specifically on said map.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

ORDINANCE 2024-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the XX day of XXXX, 2022.

TERRY A. SAYRE, MAYOR
ATTEST:

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

Staff Report
Meeting: City Council
Date: April 2, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Capital Improvements Project Dashboard for April 2024

RECOMMENDED ACTION
Accept the Capital Improvements Project Dashboard for Aril 2024.

SUMMARY
On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed,
• Create department 5-year project plans,
• Improve pre-planning and preparation,
• Identify and implement management policies and procedures, • Improve project cost tracking and project delivery,
• Formalize and improve project reporting, and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

Pursuant to the City Council’s request, staff provides quarterly Capital Improvement Project Dashboards for all major capital projects that fall under City Council’s purview. The dashboard provides a visual summary of the overall progress of the projects so that City Council is aware of their status. The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes regarding the status and/or issues affecting the project.

FISCAL IMPACT & FUNDING SOURCE(S)
Receipt and approval of the Capital Improvement Project Dashboard will not result in any fiscal impact.

LEGAL REVIEW
This item does not require legal review.

Item #: 12.3
General Business

ALTERNATIVE ACTION

1. Approve with changes.

2. Deny – Action would not result in any notable impact.

3. Table – Action would not result in any notable impact.

ATTACHMENTS

1. Capital Improvement Project Dashboard for April 2024 Reviewed/Approved:

Project Name Contacts Description Progress Update Project Budget Completion PK0033:

Zumwalt Park
Rehabilitation
District(s): 4 New improvements will
generally include
concrete flatwork, site
walls, lighting,
landscaping,
playground equipment,
splash pad, new stage
and amphitheater
building, new restroom
building, ramps, stairs,
fencing, signage, and
storm drain
improvements. The
existing gazebo shall
remain in place or get
rebuilt as an
alternative. Off-site
improvements will
consist of new curb,
gutter, sidewalk, and
striping along "N"
Street and Kern
Avenue.

NTP was issued to
contractor
11/13/2023.

Contractor has
completed the
removal and
demolition phase.

Currently the
contractor is
working on installing
all underground
utilities and making
final grade. Once
complete vertical
construction will
start.

Total Budget: $15,156,227
Expected Completion:

Division: Parks
Encumbered: $10,680,200
Project
Manager:

Dylan
Chimienti
Spent to Date: $2,970,430
Engineer: RRM
Remaining
Budget:

$12,185,797
Contractor: Caliber
Contracting
Services Inc. Contract
Working
Days:
365
Fall 2024
Funding: ARPA Federal
Grant, Park DIF, Other
General Fund CIP
PK0037: K9
Bane Dog Park
District(s): 4 New improvements
include a concrete
drive approach and
concrete flatwork on
site, asphalt parking lot
with concrete ADAaccessible parking
stalls, signing and
Design
The City has
received 100% plans
and specifications.

With an engineer’s
estimate for
construction to be
$850,600.

Total
Budget:
$466,000
Division: Parks
Contract
Award: TBD
Project
Manager:

Dylan
Chimienti
CO’s to
Date:

N/A Engineer: 4Creeks
15%
Design R.O.W. Const.
100%
Project Name Contacts Description Progress Update Project Budget Completion pavement marking,
fencing, landscape
architecture and
irrigation, architectural
elements including
benches, shade
structure, bike racks,
drinking fountains,
parking lot and site
lighting. Off-site
improvements consist
of new curb and gutter,
sidewalk, and asphalt
paving on N “O” Street
and N “N” Street.

Total
Contract: TBD
Contractor: TBD
Contract
Working
Days:
90 Expected Completion:

TBD
Funding: Park DIF
Design R.O.W. Const.

Project Name Contacts Description Progress Update Project Budget Completion WT0040: SRF
Grant Project
(Matheny
Well and Well
14 Pipeline)
District(s): ALL Funded by a SRF
grant from the
State as a result of
the Matheny Tract
connection to the
City water system.

The project
includes
construction of a
new City well 4-3
(per the Carollo
Matheny/Soultz
Technical
Memorandum)
and extending the
12" mainline from
Well 14 north up I
Drive to Matheny
Tract.

Construction
Well Drilling
Completed
Well Equipping –
NTP 10/3/23
Control building and
generator pads
poured. Control
building block
construction
installed. Tie-in to K
Street main
completed. Onsite
tie in to well pending
pad pours and
installation of pump
and motor.

Permanent fencing
to start mid-April.

Total Budget: $8,061,402
Division: Water
Construction
Cost: $7,885,711 Project
Manager:

Michael
Powers
CO’s to Date: N/A
Engineer: Cannon
Total Contract: $6,256,942
Contractor: Well Drilling -
Prieto Water
Well Drilling
Inc.

Well Equipping
– W.M. Lyles
Contract
Working Days: 270
Expected Completion:

Fall 2024
Funding: Water
CIP
FM0046:

Courthouse
Renovation
District(s): 4 City of Tulare
purchased the
Tulare County
Superior Court
House,
Renovations
include Police
Department,
Business Incubator,
and Chamber of
Commerce.

Contractors have
completed the
demolition phase
and have moved on
to construction.

Wall framing along
with electrical, HVAC
and plumbing is
being installed. The
Parking lot has been
Budget: $6,707,956
Division: Facility
Maintenance
Encumbered:

Project
Manager:

Bryan Cahill
Spent to Date: $491,291
Engineer: 4Creeks
Remaining
Budget: $6,216,665 Contractor:
50%
Design R.O.W. Const.
15%
Project Name Contacts Description Progress Update Project Budget Completion 4CG and
Various Subs
demolished for new
Solar Canopy’s.

Contract
Working
Days:
200
Expected Completion:

Fall 2024
Funding: ARPA
Funds, General CIP,
Lease Revenue
Bonds
EN0096:

International
Agri-Center
Interchange
District(s): 3 4 Lane overpass
constructed over
Hwy 99
connecting K St
thru Commercial
Ave to Laspina St.

The Contractor has
mobilized to the site
and began grading
for overpass ramps.

SCE is currently
installing electrical
conduit from K St
east through
Commercial Ave.

Budget: $52,800,000
Expected Completion:

June 2025
Division: Engineering
Spent to
Date:

Project
Manager:

Bryan Cahill
Engineer: Caltrans and
NV5
Remaining
Budget:

Contract
Working
Days:
400
Contractor: Security
Paving
Funding: TCAG
EN0097:

International
Agri-Center
Extension
District(s): 3 Street
Construction
including water
sewer and storm
drain lines.

Connecting
Laspina St thru to
Turner Dr.

Project engineer
currently has
developed 90%
plans and
specifications.

Total Budget: $6,040,779
Division: Engineering
Encumbered:

Project
Manager:

Bryan Cahill
Spent to
Date: Engineer:

Design R.O.W. Const.
5%
Design R.O.W. Const.

Project Name Contacts Description Progress Update Project Budget Completion Peters
Engineering
Group
Funding: Measure
R Local, CDBG,
Streets DIF, Water
DIF, IAC Way
Benefit District
and Federal
Earmark.

Engineering working
with City Staff on
final design. Remaining
Budget: Contractor
:

TBD
Contract
Working
Days:

TBD
Expected Completion:

TBD
FM0049:

Engie Project
District(s): Various Construction
locations include
Library, Council
Chambers, City
Hall, Police
Department,
Business
Incubator, Parks
and Sports Fields.

Installing HVAC,
Lighting, EV
Chargers and Solar
Canopy’s.

Project design is
complete.

Currently installing
lighting upgrades in
various city building
and Santa Fe Trail.

Also, manufacturing
of the Solar
Canopy’s has begun.

Total Budget: $12,895,898
Expected Completion
Division: Facility
Maintenance
Construction
Estimate:

Project
Manager:

Bryan Cahill
CO’s to Date:

Engineer:

Total Contract
Contractor: TBD
Contract
Working Days: TBD
2025
Funding: EECS
Grant and Federal
Assistance
90%
Design R.O.W. Const.
10%
Design R.O.W. Const.

Project Name Contacts Description Progress Update Project Budget Completion PK0038:

Prosperity
Sports park
Basketball
Courts
District(s): 2 Remove existing
basketball court
and install two
new courts. New
site improvements
to include lighting
and drainage.

Construction has
been completed.

City staff is currently
working with
contractor to
complete close out
documents.

Total
Budget:
$325,000
Division: Parks
Contract
Award: eptember 2023 Project
Manager:

Michael Powers
CO’s to Date:
$8,000 Engineer: 4Creeks
Total
Contract: $333,000
Contractor: Todd
Companies
Contract
Working
Days:
60 Expected Completion:

Funding: Grant 2024
and City
EN0078:

Bardsley
Sidewalk
Improvements
District(s): 5 Traffic safety
Project. To install
continuous ADA
compliant
sidewalk and curb
gutter along
Bardsley Ave at
Morrison St.

Funding:

Fund 022 -Gas Tax
The design has been
completed.

Our right of way
consultant, Paragon
Partners, is currently
working on the
frontage acquisition.

Total Budget: $303,444
Division: Engineering
Contract Award:

Project
Manager:

Bryan Cahill
Engineer: City of Tulare
Total Contract:

TBD
Contractor:

TBD
Contract
Working Days: TBD Expected Completion:

TBD
100%
Design R.O.W. Const.
2%
Design R.O.W. Const.

Project Name Contacts Description Progress Update Project Budget Completion EN0074: Cross
& West
Improvements
District(s): 1&2 The project
includes the
installation
sidewalk on the
north side of Cross
Avenue, surface
water
improvements,
water and sewer
service
modifications,
street
reconstruction,
and improvements
on the westerly
side of the Cross
Avenue-West
Street intersection.

The project will
improve surface
water drainage, as
well as improve
pedestrian
connectivity in the
area.

Design is at 90%
completed. City staff
is working with
design engineer to
add additional
surface water and
storm drain
improvements to
nearby basin.

Property acquisition
is nearly complete,
with 1 property
remaining.

Budget: $842,500
Division: Engineering
Contract
Award:

TBD
Project
Manager:

Dylan
Chimienti
Designer /
Engineer:
4Creeks
Total
Contract: TBD
Contractor: TBD
Contract
Working
Days:

TBD
Expected Completion:

TBD
Funding: Measure
R, Gas Tax, Gas Tax
(RMRA) SB1
FM0133:

Tulare Ave
Roundabout
District(s): 5 Construct a
roundabout at the
intersection of
Tulare Ave and
Design has been
completed.

Budget: $1,605,000
Division:
90%
Design R.O.W. Const.

Project Name Contacts Description Progress Update Project Budget Completion Facility
Maintenance
Morrison Street in
partnership with
Caltrans and
Woodside homes,
the developer of the
Farrar Estates
subdivision.

Project was put out
to bid 3/12/24.

Contract
Award:

Expected Completion:

TBD
Project
Manager:

Michael
Powers
Designer /
Engineer:
4Creeks
Total
Contract:

Contract
Working
Days:
180
Contractor: TBD
Funding: Fund 245
– State HWY DIF
Funds
Caltrans SHOPP
Funds
WT0056:

New Well 1
Replacement
District(s): 1 Construction of a
new water well to
replace existing
Well #1 on the
same site.

Utilizing an on-call
well design
engineers. The City
awarded the
contract to Carollo
Engineers on
12/7/23 to design
plans and
specifications.

Budget: $2,102,000
Expected Completion:

TBD
Division: Water
Project
Manager:

Dylan
Chimienti
Designer /
Engineer:

Carollo
Total Design
Contract:

Contract
Working
Days:
$336,095
TBD
Contractor: TBD
100%
Design R.O.W. Const.
2%
Project Name Contacts Description Progress Update Project Budget Completion Funding: Water CIP
WT0055:

Highway 99
Water
Crossing at
Washington
Ave.

District(s): 4 Construction of a
water main under
Highway 99
between Prosperity
and Cartmill.

This project has
been identified in
the Water Master
Plan and is needed
to help loop the
system on the north
side of Tulare. This
project will need to
occur with
development of
Cartmill.

Design
Provost & Prichard
have finished plan
design.

Currently in ROW
acquisition with
properties east of
easement.

Budget: $1,400,000
Expected Completion:

TBD
Division: Water
Construction
Estimate:

CO’s to Date:
$995,000
N/A
Project
Manager:

Michael
Powers
Designer /
Engineer:

Provost &
Pritchard
Total
Contract:

Contract
Working
Days:

TBD
TBD
Contractor: TBD
Funding: Water DIF;
Water CIP
EN0088:

Prosperity /
West Traffic
Signal
District(s): 1 & 2 Expansion project
to install a traffic
signal at the
intersection of
Prosperity and
West. Includes
ROW acquisition
to allow
placement of
facilities at their
ultimate location.

Includes ADA
Design is complete,
and ROW acquisition
is ongoing. A
Resolution of
Necessity was
approved by the City
Council on 11/1/22.

City staff working with
SCE on utility pole
relocation.

Anticipated to bid in
Fall of 2024 pending
Total Budget: $3,486,840
Division: Engineering
Construction
Estimate:
$3,295,446
Project
Manager:

Dylan
Chimienti
CO’s to Date: N/A
Engineer: QK
Total
Contract:

TBD
Contractor: TBD
Design R.O.W. Const.
60%
Design R.O.W. Const.
95%
Project Name Contacts Description Progress Update Project Budget Completion concrete work,
sewer water,
storm drain, and
TID facilities.

SCE pole relocation
and final ROW
acquisition.

Contract
Working Days TBD
Expected Completion
2025
Funding: Measure
R, Gas Tax, Water
CIP, Sewer CIP
Design R.O.W. Const.

Project Name Contacts Description Progress Update Project Budget Completion EN0091:

Elliott Tract
Improvements
District(s): 1 Pavement
management system
and utility project on
Owens (West-Santa
Clara), Los Angeles
(Bardsley-Owens), Elm
(West-Sacramento),
and Santa Clara
(Bardsley-Inyo).

Includes ADA concrete
work and water, sewer
and storm drain
facilities.

Construction
All phases of work
have been
completed. City
staff working with
consultants and
contractor on
closeout
documents.

Total Budget: $5,808,207
Division: Engineering
Construction
Contract Award: $4,136,815 Project
Manager:

Dylan
Chimienti
CO’s to Date: $46,858.44
Engineer: 4Creeks (1.12%)
Total
Construction
Contract:
$4,183,673
Contractor: DawsonMauldin, LLC. Contract
Working Days: 190
Expected Completion:
2024 Funding: Gas Tax, Gas
Tax (RMRA) SB1,
Water CIP, Sewer CIP,
Streets CIP, Storm
Drain CIP
Project Name Contacts Description Progress Update Project Budget Completion EN0092:

Pratt St. /
MeffordChoice Tracts
Improvements
District(s): 1 & 2 Pavement management
system and utility
project on Pratt
(Bardsley-Inyo), Walter
(Bardsley-Elm), Oliver
(Bardsley-Elm),
Cleveland (BardsleyElm), Victoria (BardsleyElm), Elm (Howard-D Street), and “C” Street
(Elm-Alpine). Includes
ADA concrete work and
water, sewer and storm
drain facilities.

Construction:

City staff is working
with contractor on
final punch list
items. Once
completed project
can start close out
process.

Budget: $8,728,466
Division: Engineering
Contract
Construction
Award:
$6,782,277
Project
Manager:

Dylan
Chimienti
CO’s to Date: $39864.44
(0.59%) Designer /
Engineer:

Provost &
Pritchard
Total
Construction
Contract:
$6,822,141.44 Contractor: DawsonMauldin,
LLC. Expected Completion:
100%
Design R.O.W. Const.
100%
Funding: Measure R,
Gas Tax, CDBG, Gas Tax
(RMRA) SB1, Water CIP,
Sewer CIP, Streets CIP,
Storm Drain CIP
Contract
Working
Days:
220
2024
EN0093:

Prosperity
& J St.

Intersection
Improvements
District(s): 2 & 4 CRISI Grant funded
project to add
protected left
movements for
E/bound & W/bound
traffic at Prosperity
and J Street, add a presignal in advance of
the UPRR crossing, and
install ADA compliant
pedestrian
improvements.

Design: Design and
coordination with
Union Pacific
Railroad is ongoing
Budget: $2,800,000
Division: Engineering
Construction
Estimate
(City Portion):
$700,000
Project
Manager:

Michael
Powers
CO’s to Date: N/A
Designer /
Engineer:

Peters
Engineering
Group Total
Contract:

Contract
Working
Days:

TBD
TBD
Contractor: TBD
Funding: Gas Tax
(HUTA), CRISI Grant
Expected Completion:

TBD
Design R.O.W. Const.
85%
Design R.O.W. Const.

Project Name Contacts Description Progress Update Project Budget Completion EN0094:

Sycamore &
San Joaquin
Improvements
District(s): 4 Pavement Management
System / Utility project on
King Ave. between O St.
and Cherry St.; Sycamore
Ave. between Cherry St.
and Blackstone St.; San
Joaquin Ave. between O
St. and Blackstone St.;
Madden St. between
Tulare Ave. and King St.;
Delwood St. between
Sycamore Ave. and San
Joaquin Ave.; and N.

Highland St. between
Tulare Ave. and Sycamore
Ave. Includes ADA
Concrete work, Water,
Sewer and Surface Water
facilities.

Construction:

Notice of completion
was signed
2/20/2024.

Budget: $8,743,192
Division: Engineering
Contract
Award:
$6,652,485.50
Project
Manager:

Bryan Cahill
CO’s to Date: $23,640.75
Designer /
Engineer:

Peters
Engineering
Group Total
Contract:

Contract
Working
Days:
$6,676,126.25
240
Contractor: Floyd
Johnston
Construction
Company,
Inc.

Funding: Gas Tax (RMRA),
CDBG, Water CIP, Sewer
CIP, Streets CIP, Storm
Drain CIP
Expected Completion:
2024
Project Name Contacts Description Progress Update Project Budget Completion EN0095:

Academy &
Apricot
Improvements
District(s): 4 Pavement Management
System / Utility project on
Apricot Ave. between
Gem St. and Blackstone
St.; Academy Ave.
between Gem St. and
Blackstone Ave.; Pine Dr.
between Academy Ave.
and Highland St.; E. La
Mesa Dr. between
Academy Ave. and
Blackstone St.; N. Gem St.

Bidding & Award:

Project was taken to
City Council 11/7/23.

Council took staff
recommendation to
reject all bids due to
the project being over
budget.

City staff has
reopened the project
Budget: $7,434,068
Expected Completion:

Division: Engineering
Construction
Estimate
(City
Portion):
$10,169,812
Project
Manager:

Dylan
Chimienti
CO’s to Date: N/A
Designer /
Engineer:
4 Creeks
TBD
100%
Design R.O.W. Const.
100%
Contractor: TBD between San Joaquin Ave.
and Academy Ave.;
Highland St. between San
Joaquin Ave. and the
Santa Fe Trail; and
Olympic Ct. at Apricot
Ave. Includes ADA
Concrete work, Water,
Sewer and Surface Water
facilities.
for bids starting
2/12/2024 with bid
closing on 3/28/2024.

Total
Contract:

Contract
Working
Days:
280
2025
Funding: Gas Tax
(RMRA/HUTA), Water CIP,
Sewer CIP, Streets CIP,
Storm Drain CIP
Project Name Contacts Description Progress Update Project Budget Completion EN0098:

Various
Streets
Northeast of
Tulare Ave.
and Dayton
St. -
Improvements
District(s): 3 Pavement Management
System / Utility project on
Academy Ave. between
Dayton St. and Laspina St;
Stanley Dr. between Lane
St. and Academy Ave.; La
Mesa Ave. between
Dayton St. and Spruce St.;
Burton Ave. east of Lane
St.; Miracle Ct.; Dayton St.
between Tulare Ave. and
La Mesa Ave.; Lane St.
between Tulare Ave. and
Design
100% Design
Meeting held on
7/13/2023.

City staff working
with Peters
Engineering group
specification
creation and final
bid package.

Budget: $6,807,467
Expected Completion:

TBD
Division: Engineering
Construction
Estimate:
$8,059,579
Project
Manager:

Bryan Cahill
CO’s to Date: N/A
Design R.O.W. Const.
100%
Designer /
Engineer:

Peters
Engineering
Group
Burton Ave.; and Canby St.
between Tulare Ave. and
the Santa Fe Trail.

Includes ADA Concrete
work, Water, Sewer and
Surface Water facilities.

Total
Contract:

Contract
Working
Days:

TBD
TBD
Contractor: TBD
Funding: Gas Tax (RMRA),
Water CIP, Sewer CIP,
Storm Drain CIP
Project Name Contacts Description Progress Update Project Budget Completion EN0099:

Mt. View St.

Improvements
District(s): 5 Pavement Management
System / Utility project on
Tulare Ave./Cheryl Lane
Alley between Canby St.
and Mt. View St.; Cheryl
Lane at Laspina St.;
Academy Ave. between
Laspina St. and Mt. View
St.; Burton Ave. west of
Laspina to east of Mt.

View St.; Eastgate Ave.

Design
100% design and bid
specifications have
been completed.

Budget: $5,521,134
Division: Engineering
Construction
Estimate:
$7,037,839
Project
Manager:

Dylan
Chimienti
CO’s to Date: N/A
Designer /
Engineer:
4 Creeks
TBD
Design R.O.W. Const.
100%
Contractor: TBD west of Laspina St. to Mt.

View St.; Vineland Ave.
between Laspina St. and
Mt. View St.; and Fairwind
Ct. at Vineland Ave.

Includes ADA Concrete
work, Water, Sewer and
Surface Water facilities.

Total
Contract:

Contract
Working
Days:

TBD
Expected Completion:

TBD
Funding: Gas Tax (RMRA),
Water CIP, Sewer CIP,
Streets CIP, Storm Drain
CIP
Design R.O.W. Const.

Tulare City CouncilApril 2, 2024

Tulare City Council
April 2, 2024