Agenda packet — Tulare City Council, October 1, 2024

City of Tulare Page 1 of 5
City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, October 1, 2024 491 North M Street, Tulare CA 93274 6:00 p.m. Special Meeting www.tulare.ca.gov 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 City 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 Comment 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 the 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 the City 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 item on the agenda will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning issues not on the agenda will be invited to address Council during the Public Comment portion of the meeting.
• When invited by the mayor to speak, please step up to the lectern, state your name and city of residence, 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.

Councilmembers
Terry A. Sayre, Mayor
Patrick Isherwood, Vice Mayor
Jose Sigala
Stephen C. Harrell
Dennis A. Mederos
City Council Meeting Agenda Tuesday, October 1, 2024
City of Tulare Page 2 of 5
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Tulare is hereby called pursuant to section 54956 of the California Government Code.

1. CALL TO ORDER

2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS - Comments are limited to items to be discussed in closed session. Speaker will be allowed three minutes each per item.

For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

4. RECONVENE FROM CLOSED SESSION

5. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

6. ADJOURNMENT
7:00 p.m. Regular Meeting

7. CALL TO ORDER

8. PLEDGE OF ALLEGIANCE AND INVOCATION - Brian Bell, Bishop of The Church of Jesus Christ of Latter-day Saints, to deliver an invocation.

Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

10. PRESENTATIONS

10.1 Adventist Health.

10.2 Tulare Workforce Investment Board.
6:00 p.m. Special Meeting
City Council Meeting Agenda Tuesday, October 1, 2024
City of Tulare Page 3 of 5

11. 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.

12. COUNCIL REPORTS AND ITEMS OF INTEREST

13. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

13.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.

13.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of September 17, 2024. [M. Hermann]

13.3 CalRecycle Grants Resolution.

Recommended Action: Approve and adopt a resolution authorizing submittal of grant applications for five years to CalRecycle. [T. Whitfield]

13.4 Caltrans Right-of-Way Relinquishment.

13.5 Purchase of Five 2024 Ford Police Interceptors.

13.6 Acceptance of FEMA SAFER Grant.

Recommended Action: Accept the 2023 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $4,658,468. [M. Ott]

13.7 Amend the City’s Non-Utility Position Control Budget and Salary Schedule.

Recommended Action: Adopt a resolution amending the City’s Non-Utility Position Control Budget (PCB) to add the allocation of 12 Firefighter/Paramedics (salary code 4030, from $6,395.07-$7,773.24) and add the classification of Firefighter/EMT (salary code 4025, from $5,915.44-$7,190.25/month) on the salary schedule. [S. Oneal] City Council Meeting Agenda Tuesday, October 1, 2024
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14. 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 Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

14.1 License Agreement Acceptance for Tulare Trail Townhouses.

14.2 Presentation of Revised City Logos.

Recommended Action: Receive a presentation on the revised City Logos and provide direction thereto. [T. Myers]

14.3 Historic Preservation Program Implementation.

14.4 Letter of Intent for Sister City Agreement.

Recommended Action: Consider the letter received from Armando Reyna, mayor of Tecomán, Colima, Mexico and provide direction to staff thereto. [M. Mondell]

15. FUTURE AGENDA ITEMS - NONE SUBMITTED

16. STAFF UPDATES

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

17.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representative: Marc Mondell, Mario U. Zamora, Josh McDonnell, Shonna Oneal
Employee Organization: California League of City Employee Association (CLOCEA); Tulare Police Officers Union (TPOU)
Unrepresented Employee: Tulare Fire Division Chief Group; Middle Manager Group; Department Head Group

17.2 Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager

18. RECONVENE FROM CLOSED SESSION

19. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

20. ADJOURNMENT
City Council Meeting Agenda Tuesday, October 1, 2024
City of Tulare Page 5 of 5
The next regularly scheduled meeting of the Tulare City Council is Tuesday, October 15, 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 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: Thursday, September 26, 2024 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: October 1, 2024 Agenda Memo
Date: September 26, 2024
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

2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS - Comments are limited to items to be discussed in closed session. Speaker will be allowed three minutes each per item. For those that wish to provide public comment while not physically in attendance, you may call (559) 366- 1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

4. RECONVENE FROM CLOSED SESSION

5. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

6. ADJOURNMENT
7:00 p.m. Regular Meeting

7. CALL TO ORDER

8. PLEDGE OF ALLEGIANCE AND INVOCATION - Brian Bell, Bishop of The Church of Jesus Christ of Latter-day Saints, to deliver an invocation.

9. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Tulare City Council Page 2
Agenda Memo - October 1, 2024
Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:05 p.m.]

10. PRESENTATIONS [Time Estimate: 7:20 p.m.]

10.1 Adventist Health.

10.2 Tulare Workforce Investment Board.

12. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:50 p.m.]

13.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

13.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of September 17, 2024. [M. Hermann]

13.3 CalRecycle Grants Resolution.

Recommended Action: Approve and adopt a resolution authorizing submittal of grant applications for five years to CalRecycle. [T. Whitfield] Summary: CalRecycle offers funding authorized by legislation to help public and private entities create a circular waste system. One of the grants offered by CalRecycle is a Rubberized Pavement Grant Program to promote markets for recycled-content surfacing products made from waste tires generated in California. Recycled asphalt concrete (RAC) is made by blending ground tire rubber with asphalt binder, then mixing the blend with conventional materials.

The grant program awards $1.00 per square yard of rubberized chip seal material proposed. The City of Tulare would like to request $64,073 in funding from CalRecycle for a chip seal project. The proposed streets to be chip sealed are noted on the attached maps and the project would cover an estimated 68,000 square yards.

This resolution will approve the City’s application efforts for CalRecycle’s Rubberized Pavement Grant Program.

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Fiscal Impact & Funding Source(s): The total cost of the project is estimated at $850,000. Funding would come from ST0006 – Annual Pavement Management funds.

Legal Review: This item did not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If denied, the City will not accept the grant funds if awarded.

13.4 Caltrans Right-of-Way Relinquishment.

Recommended Action: Authorize the City Manager to provide a letter to Caltrans indicating the City’s intention to accept the relinquishment of State right-of-way on San Joaquin Avenue immediately west of the Highway 99 southbound ramps and on Sierra Avenue immediately east of the Highway 99 northbound ramps, and to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highway Code. [M. Miller]
Summary: As part of the Caltrans project to signalize and improve the Highway 99 ramp intersections of Tulare Avenue (State Route 137), the existing connections of San Joaquin Avenue and Sierra Avenue to the ramps were eliminated. In doing so, it was necessary for Caltrans to construct turnarounds at the east end of San Joaquin Avenue east of Blackstone Street, and at the west end of Sierra Avenue west of Spruce Street.

The turnaround at the east end of San Joaquin Avenue was in the form of a hammerhead style turnaround. Sierra Avenue west of Spruce Street terminates in a culde-sac bulb.

Upon completion of the Caltrans project, the right-of-way for the local street turnarounds is to be relinquished to the City of Tulare. The State has a procedure for relinquishments, where a map and initial site assessment identifying hazardous material or waste-related concerns on the properties is provided to the Local Agency. The Local Agency is asked to execute a standard form verifying its intention to accept the proposed relinquishment.

On December 21, 2021, City Council authorized the City Manager to execute a standard form indicating the City’s willingness to accept a relinquishment for the Sierra Avenue and San Joaquin Avenue turnarounds. Caltrans has since determined that the relinquishment map they provided at that time omitted portions of the overall right-ofway needed for the turnarounds. They are now requesting that the City undertake the same process as before for these omitted portions of right-of-way. A plan showing the locations of the parcels and supporting documentation regarding Caltrans initial site assessment identifying no hazardous material or waste-related concerns is attached for reference. Staff has reviewed these items and has no concerns regarding acceptance of the proposed relinquishment.

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

Legal Review: This item does not require legal review.

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Alternative Action: 1) Approve with changes; 2) Deny - Denying the request would result in portions of the subject turnarounds not being under the City’s jurisdiction; or 3) Table - Tabling the request would not result in any immediate repercussions.

13.5 Purchase of Five 2024 Ford Police Interceptors.

Recommended Action: Award the purchase of five new/unused 2024 Ford Police Interceptors to Dana Safety Supply, Inc., of Fresno, CA, in the amount of $263,721.85, which includes all fees, tax, and shipping. [T. Whitfield] Summary: In March 2023, the City Council approve the purchase of five (5) new/unused 2023 Ford Police Interceptors from National Auto Fleet Group using the Sourcewell Purchasing contract. The purchase order was issued on March 24, 2023, for a total of $266,154.75. Staff has been tracking this order, and on September 9, 2024, staff received notice that Ford Motor Company could not fulfill the order in the current production due to high demand for government orders and they were cancelling the order.

In anticipation of receiving these vehicles, staff had already pre-purchased the lights and other equipment needed to fully outfit the units. The Police Department is at the point that vehicles are needed immediately to replace older units and units that have been in accidents.

Due to the delay and ultimate cancellation of getting the five vehicles that were previously ordered, and the need to get units that can utilize the pre-purchased equipment, staff is requesting Council approval to purchase five units from Dana Safety Supply. Dana Safety Supply of Fresno has five 2024 Ford Police Interceptors in stock that meet the needs of the department and that can utilize the equipment that was prepurchased.

Fiscal Impact & Funding Source(s): The total cost for each unit will be $52,744.37, a decrease of $486.58 for each unit. If approved, the original purchase order to National Auto Fleet Group will be voided and a new purchase order will be issued to Dana Safety Supply. The Police Department has the funding in their Equipment Replacement Fund.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If this request is denied, staff will wait until Ford Motor Company opens the order window for new 2025 Ford Police Interceptors. The delay may cause of a shortage of patrol vehicles in case of accidents or extended time for repair work.

13.6 Acceptance of FEMA SAFER Grant.

Recommended Action: Accept the 2023 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $4,658,468. [M. Ott] Summary: The City of Tulare and its Fire Department (TFD) has been awarded a Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $4,658,468.88. This grant offers three years of complete funding for the salary and Tulare City Council Page 5
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mutually agreed upon benefits to hire 12 new firefighter positions. The grant period of performance starts no later than March 2, 2025, and will end March 1, 2028.

The City and TFD have a 180-day recruitment period from the award date of September 3, 2024 to hire all 12 positions. If the 12 positions are filled before the March 2, 2025 deadline, the City can file an amendment to start the period of performance early. The period of performance regardless of start date cannot be longer than three years.

Below is a breakdown for the three years of funding, these totals are approximate maximum amounts based on the firefighter/paramedic pay scale. These annual totals could be less based on the number of Firefighter/Paramedic and/or Firefighter/EMT being hired as they have different salary scheduled ranges. The City will get reimbursed by FEMA for actual expenses based on the specific positions hired.

Year Annual Salary
Per Firefighter
Annual Benefits
Per Firefighter Total Per Person Total for All 12
1 $82,737 $36,705 $199,442 $1,433,300~
2 $90,348 $38,769 $129,177 $1,549,406~
3 $98,660 $40,986 $139,646 $1,675,761~
3-year total $4,658,468
The estimated cost for the City to maintain these 12 positions starting at year 4 from March 3, 2028 to March 2, 2029 is provided below.

Year 4: Per firefighter, estimated and from the General Fund Annual Salary: $107,750
Annual Benefits: $43,750
Total: $151,500 per person
Total for all 12: $1,818,000
Salary and benefits have been approved in the Fiscal Year (FY) 2025 budget expenditure account 001-4230-1000s series.

The City Council has approved funding in the FY 2025 budget to cover uniforms and personal protective equipment for the 12 new firefighters. TFD will utilize expenditure account 001-4230-2021 Uniform & Clothing to ensure these firefighters are issued the proper equipment to safely respond to citizen emergency response requests.

Fiscal Impact & Funding Source(s): Funds are appropriated and available in the above expenditure accounts.

Legal Review: This item does not require legal review.

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

13.7 Amend the City’s Non-Utility Position Control Budget and Salary Schedule.

Recommended Action: Adopt a resolution amending the City’s Non-Utility Position Control Budget (PCB) to add the allocation of 12 Firefighter/Paramedics (salary code Tulare City Council Page 6
Agenda Memo - October 1, 2024
4030, from $6,395.07-$7,773.24) and add the classification of Firefighter/EMT (salary code 4025, from $5,915.44-$7,190.25/month) on the salary schedule. [S. Oneal] Summary: The City has been awarded a Staffing for Adequate Fire and Emergency Response Grant (SAFER) totaling $4,658,468.88. The grant funding will provide three years of funding for 12 new firefighter positions. The grant performance periods starts no later than March 2, 2025, and will end March 1, 2028.

There is a 180-day hiring period to meet the terms of the grant. To proceed with the hiring process, staff recommends that the PCB be amended to add 12 Firefighter/Paramedics and add the classification of Firefighter/EMT, setting the Firefighter/EMT rate of pay 7.5% lower than the Firefighter/Paramedic. The addition of the Firefighter/EMT classification will give the City flexibility in hiring Firefighter/Paramedics or Firefighter/EMTs depending on the applicant pool within the timeframe required by the grant, but not to exceed the total number of 12 positions authorized.

Fiscal Impact & Funding Source(s): The grant will fund the 12 positions for a threeyear period. The additional cost of uniforms and personal protective equipment for the twelve new positions have already been included in this year’s budget. Additional minor incidental costs associated with onboarding new firefighting staff can be accommodated in the current approved budget as well.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes (deny in part; approve in part); 2) Deny; or 3) Table.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:05 p.m.]

14.1 License Agreement Acceptance for Tulare Trail Townhouses.

Recommended Action: Contingent upon Council’s approved extension of prior Property Sale and Development Agreements with All Valley Housing Services, authorize the Mayor to execute a license agreement, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to allow All Valley Housing Services to construct and maintain 5-foot sidewalks with 5:1 grading slopes within the City’s Santa Fe Trail right-of-way along a portions of their adjacent residential properties. [M. Miller]
Summary: All Valley Housing Services had previously acquired former RDA properties from the City for the intended purpose of developing them with multi-family residential projects. The subject properties are located adjacent to the south side of the Santa Fe Trail between “M” Street and “N” Street, and “N” Street and “O” Streets. The projects proposed by the developer have units fronting on the Santa Fe Trail, which would be beneficial for maximizing trail utilization and security. However, due to the size of the properties, sidewalk along the front of the units would have to be located adjacent to Tulare City Council Page 7
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the buildings to fit within the property boundaries. As an alternative, All Valley Housing is requesting permission to install and maintain approximately 644 linear feet of 5-foot sidewalk with 5:1 slope grading within the Santa Fe Trail right-of-way across the property frontages. This would allow for the installation of planters in between the buildings and sidewalk, which would greatly enhance the aesthetics of the project and provide a greater sense of privacy for residents. Under this scenario, the project sidewalks would encroach three feet (3’) onto the City’s Santa Fe Trail right-of-way.

Additional encroachment would be required to allow the Owner to install and maintain 5:1 slope grading to comply with City standards. Per the terms of the proposed license agreement, the following requirements would apply:
a) The Owner shall properly maintain the sidewalk and 5:1 slope grading and related facilities in an attractive and safe condition, b) The Owner agrees to repair any damage to the City/Santa Fe Trail right of way from installation or maintenance of the sidewalk and 5:1 slope grading, c) The Owner shall remove said encroachments within 90 days of receipt of notice from the City should the Owner fail to comply with the conditions of the license, d) The Owner shall indemnify and hold harmless the City from any claims arising from performance of the work, location and/or design of the sidewalk and 5:1 slope grading.

Should Council approve their request for the subject license agreement, All Valley Housing Services has stated their intention to install improvements that will enhance the Santa Fe Trail along their project frontages as part of their development.

Specifically, they have agreed to landscape the area between their property and the paved trail, and to construct pedestrian access from their property to the trail. Attached Exhibit B shows these proposed improvements.

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

Legal Review: The City Attorney shall review and approve the proposed license agreement prior to its recordation.

Alternative Action: 1) Approve with changes - Staff would work with the Developer to determine how Council directed changes would impact the proposed projects; 2) Deny - Denying the request would require project sidewalks to be constructed entirely on Owner’s property; or 3) Table - Tabling the request for a license agreement would delay the Developer’s project, and could result in their choosing to construct project sidewalk entirely on their property so as not to delay their projects.

14.2 Presentation of Revised City Logos.

Recommended Action: Receive a presentation on the revised City Logos and provide direction thereto. [T. Myers]
Summary: The City of Tulare has an existing logo developed in the mid-1990’s that has become outdated and irrelevant. In light of the ever-increasing economic development Tulare City Council Page 8
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activity occurring with the City, it is the appropriate timing for the City to rebrand it’s identity through the creation of a new logo and marketing tagline.

In December 2023, City of Tulare issued a Request for Proposal seeking a qualified consulting firm(s) to create a logo redesign for the City coupled with separate RFP for production of marketing materials utilizing new logo/brand.

MIG was ranked as the preferred consultant having experience as a multidisciplinary planning and design firm offering services including branding, marketing, communications strategies, graphic design, multimedia services and media relations.

City staff and the consultant worked with an advisory committee of local individuals who represent a cross-section of industry sectors (ie. for profit, non-profit, etc.) to guide the creation of a new logo.

The committee and the consultant created and refined a series of logos over the past several months, which were presented to the City Council on August 6, 2024. After receiving a presentation by MIG and staff; input from the public and Council discussion, the Council narrowed it down to three potential options and directed staff and the Consultant to revise the options and return to them for further consideration.

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

Legal Review: This item does not require legal review.

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

14.3 Historic Preservation Program Implementation.

Recommended Action: Receive a presentation from the historic preservation consultant and authorize approval of actions to implement a historic preservation planning program within the City of Tulare, beginning with properties in the city’s Downtown. [M. Anaya]
Summary: On December 18, 2007, the Tulare City Council passed Ordinance 07-28, establishing Chapter 10.96 Historic Preservation (Historic Preservation Ordinance) in the City of Tulare Municipal Code. The existing Historic Preservation Ordinance authorizes the Planning Commission to oversee and administer the provisions of the ordinance. The Community Development Director serves as the Secretary to the Planning Commission and would do so for Historic Preservation, as authorized by the current Ordinance. Final approval of any historic resource or historic district designations rests with the City Council once the application has been processed by staff and presented to the Planning Commission.

Tulare has one resource already listed on the National Register of Historic Places (NRHP), the Tulare Union High School Auditorium and Administration Building. In Tulare City Council Page 9
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addition, the Tulare Assembly Center (temporary detention camp for Japanese Americans during WWII) is listed on the California Register of Historical Resources (CRHR). Those are the only officially designated resources, at federal and state levels, however there are several properties and resources in the City that have historical ties and have been evaluated or written about over the years, including in the city’s Historic Resource Survey (last updated 2005).

Since the December 19, 2023 City Council meeting, a Historic Preservation Ad Hoc Advisory Committee was established consisting of interested members of the community, including downtown business and property owners, the Community Development Director serving in an advisory/secretary role, and Planning Commissioner Jocelyn Limas serving as the Planning Commission representative. The Ad Hoc Advisory Committee has met and begun preparing materials on next steps the city would need to take to effectuate and implement the city’s historic preservation ordinance, Chapter 10.96 of the Tulare Municipal Code. In addition, Historia Design & Consulting has been hired by the Community Development Director to provide an informational overview on what additional steps and tools the city can take to implement a historic preservation program and utilize historic preservation as a tool for economic development, civic pride, and preserving the diverse heritage and history of the city. As a consultant expert on historic preservation, Jacqueline Padilla-Perez is also able to answer any more detailed or technical questions regarding a historic preservation program at the municipal level.

By having a property designated and listed on the local historic register, it allows a property owner to utilize the performance based Historical Building Code rather than the prescriptive current code, being sensitive to achieving a safe reuse of the property, but still retaining the historic characteristics. In addition, there are opportunities with the Mills Act Property Tax Abatement Program for additional assistance to participating property owners. Locally, the City of Fresno is a CLG and participates in Mills Act contracts. In conferring with the staff specialist who oversees the program, these tools have been widely used in Fresno and it has been beneficial as both a way to preserve the city’s heritage, but also as an economic development tool that has been used throughout the city and in the city’s downtown redevelopment efforts.

Unfortunately, that is also where the city has lost several buildings of local historical value to demolition over the years, even as recently as in the past month.

Following the presentation and the public hearing, Council is asked to vote on approving the following actions included in the attached resolution:

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• Establish a local register of historic resources, with participating properties being reviewed by the Planning Commission and ultimately approved by Council, then designated with an “H” designation/historic overlay in the City’s Zoning Map, noting the property is subject to Chapter 10.96 of the City’s Zoning Ordinance and Municipal Code.
• Direct staff to explore and work on an application for the City of Tulare to become a Certified Local Government (CLG) through the California Office of Historic Preservation (OHP).
• Direct staff to work with OHP to ensure the City can participate with interested property owners on a voluntary basis in the Mills Act Property Tax Abatement Program.
• Direct staff to review the existing Historic Preservation Ordinance (TMC 10.96) for any recommended revisions needed that have been learned about during program implementation.
• Direct staff to research the creation of a revolving loan fund for historic rehabilitation to be financed through available grant programs, as well as privatepublic partnerships, and how these programs have worked in other locations that have implemented them, and report back on the potential of establishing such a program in Tulare.
• Recommend the inclusion of a Historic Preservation Element in the next update to the City’s General Plan.

It should be noted that should these actions be adopted, staff would also be working to provide more information for property owners and residents who may have further questions or concerns about what it means for a property or resource to be designated historic. Resources and education with extensive outreach would be crucial since the program is looking for initial voluntary participation and for these tools to be effective in economic development and community revitalization efforts.

Fiscal Impact & Funding Source(s): Anticipated additional expenditures for consultant services and application fees required by the Office of Historic Preservation, with expenditure paid from the departmental consulting and administrative budget.

Anticipated nominal increased revenue from any grants the city may receive, to be reinvested in staff and commission training, as well as channeled through programs for participating property owners, captured with Planning Division revenues for a new Historic Preservation line item in the Development Services General Ledger.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes: Approval to proceed with implementation of Historic Preservation Program, with addition of changes requested by City Council; 2) Deny: In denying implementation of the Historic Preservation Program, staff would not accept applications for designation of historic resources and the city would not carry out General Plan policies and goals related to historic preservation; or 3) Table: Table the item to a future date as determined by Planning Commission, delaying the implementation of the city’s Historic Preservation Program.

Tulare City Council Page 11
Agenda Memo - October 1, 2024

14.4 Letter of Intent for Sister City Agreement.

Recommended Action: Consider the letter received from Armando Reyna, mayor of Tecomán, Colima, Mexico and provide direction to staff thereto. [M. Mondell] Summary: On August 28, 2024, the City Clerk’s Officer received a letter addressed to Mayor Sayre regarding the interest of a group of residents and the next government of the city and municipality of Tecoman, Colima, Mexico to form a relationship with the City of Tulare through the Sister Cities Program. The letter has been provided to the Council and is attached as part of this staff report.

In 1966, the City established a Sister City relationship with both Angra do Heroísmo, a city on Terceira Island in Azores, Portugal and Inverell, a town in New South Wales, Australia. In 2023, the City initiated the process of forming a Sister City relationship with Jalostotitlán, a town in Jalico, Mexico with the adoption of Resolution 2023-18.

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

Legal Review: This item does not require legal review.

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

15. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:45 p.m.]

16. STAFF UPDATES [Time Estimate: 9:45 p.m.]

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

17.2 Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager

18. RECONVENE FROM CLOSED SESSION [Time Estimate: 10:45 p.m.]

19. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

20. ADJOURNMENT [Time Estimate: 10:45 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, October 15, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 4

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, September 17, 2024
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

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; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Interim Community Services Director Brian Beck; Police Chief Fred Ynclan; Fire Division Chief Dave Rossman; Human Resources Director Shonna
Oneal; Community Development Director Mario Anaya;
Executive Director of Economic Development and
Redevelopment Traci Myers; Chief Technology Officer Jason Bowling; GIS Analyst Justin Patananan; Administration Analyst Melissa Perez

1. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:02 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
City Manager Marc Mondell led the Pledge of Allegiance, and an invocation was given by Pastor Louis Sparks of The River Church.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Hispanic Heritage Month - September 15-October 15, 2024.

Mayor Sayre read a proclamation proclaiming September 15 through October 15, 2024 as Hispanic Heritage Month in the City of Tulare.

4. PUBLIC COMMENT
Steve Pitts expressed concern regarding the blight associated with lack of maintenance of commercial property and inquired about the responsibility to maintain and enforcement by the City.

Item #: 13.2
Consent
City Council Meeting Minutes Tuesday, September 17, 2024 City of Tulare Page 2 of 4

5. COMMUNICATIONS
City Manager Marc Mondell advised the City received a letter from ACRT Pacific Corporation providing a WARN Act notice due to a possible temporary closure of its facilities affecting employees throughout the State including a few in the County of Tulare.

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

7. CONSENT CALENDAR
It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented.

7.1 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.

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of September 3, 2024. [M. Hermann]

7.3 Axon Enterprise Inc. Contract Renewal.

Recommended Action: Approve expenditures for the five-year (60 months) contract renewal of Tulare Police Department’s body-worn camera program equipment/media storage with Axon Enterprise Inc. in the total amount of $448,586.58. [J. Boatman]

7.4 Foster Drive Storm Drain and Water Main Preliminary Oversize Agreement.

Recommended Action: Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Tulare City School District for construction costs associated with Tulare City School District sports fields that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

7.5 Quitclaim Deed for Easement for Sign Access and Electrical Conduit.

Recommended Action: Approve a Quitclaim Deed for an existing easement in favor of the City of Tulare for sign access and electrical conduit recorded on November 9, 1998, Document no. 1998-0083932 of Recorded Document Official County Records in the City of Tulare, County of Tulare, State of California to AgWest Farm Credit, FLCA; and authorize the City Manager to sign the respective Certificate of Conveyance. [M. Miller]

7.6 Conditional Final Map Acceptance – Fulton Estates Phase 1A.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 1A of the Fulton Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to November 16, 2024. [M. Miller]
City Council Meeting Minutes Tuesday, September 17, 2024 City of Tulare Page 3 of 4

7.7 Surplus Vehicles.

Recommended Action: Adopt a resolution authorizing the surplus of City vehicles. [M. Reed]

7.8 2024/2025 K/T AAA Agreements.

Recommended Action: Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide nutritional services through the 2024/2025 K/T AAA Senior Nutrition Program. [B. Beck]

7.9 Contract Amendment for PK0033 Zumwalt Park Project.

Recommended Action: Authorize the City Manager or designee to sign a contract amendment for $23,000 with Lane Engineers of Tulare, CA, for additional construction surveying related to PK0033 Zumwalt Park Project. [M. Miller]

8. GENERAL BUSINESS

8.1 Fiscal Year 2023 Annual Comprehensive Financial Report.

Recommended Action: Review and accept the Annual Comprehensive Financial Report for Fiscal Year 2023.

Presented By: Chief Financial Officer Mark Roberts; Engagement Partner Manager Fausto Hinojosa and Audit Manager Anthony Gonzales II from Price Paige & Company Certified Public Accountants
Public Comment: There were no public comments.

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

8.2 GIS Presentation.

Recommended Action: Receive a presentation on the status of the Geographic Information System (GIS) for the City of Tulare.

Presented By: Chief Technology Officer Jason Bowling; GIS Analyst Justin Patananan
Public Comment: Jason Bender expressed appreciation for the Council and City Manager for supporting the GIS project as well as congratulated Jason Bowling and Justin Patananan their great work.

Council Action: This was an informational item; therefore, no action was taken.

8.3 Award of Construction Contracts for Project FM0048 Homeless Shelter.

Recommended Action: Award and authorize the City Manager to sign contracts related to construction of City Project FM0048 Homeless Shelter; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

Task Description Contractor Amount
Construction Contractor Superior Construction, Bakersfield, Ca $8,940,000 Construction Management CCME, Fresno, Ca $347,600
Materials Inspection Krazan, & Associates, Clovis, Ca $48,745 Construction Surveying Guida, Fresno, Ca $56,700
Labor Compliance Labor Consultants, Hanford, Ca $30,600 Presented By: City Engineer Micheal Miller
City Council Meeting Minutes Tuesday, September 17, 2024 City of Tulare Page 4 of 4
Public Comment: There were no public comments.

Council Action: It was moved by Mayor Sayre and seconded by Vice Mayor Isherwood to award and authorize the City Manager to sign contracts related to construction of City Project FM0048 Homeless Shelter; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 5% of each contract amount; and approve the revised project sheet. Mayor Sayre called for a roll call vote.

AYES: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
The motion carried 5 to 0.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES
Staff provided updates on department activities.

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

11.1 Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager
Council recessed to closed session at 9:46 p.m.

12. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 11:34 p.m.

13. CLOSED SESSION REPORT
Mayor Sayre advised there was no reportable action.

14. ADJOURNMENT
Seeing no further business to discuss, Mayor Sayre adjourned the regular meeting at 11:34 p.m.

These meeting minutes were approved by the Council on October 1, 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Public Works
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: CalRecycle Grants Resolution

RECOMMENDED ACTION
Approve and adopt a resolution authorizing submittal of grant applications for five years to CalRecycle.

SUMMARY
CalRecycle offers funding authorized by legislation to help public and private entities create a circular waste system. One of the grants offered by CalRecycle is a Rubberized Pavement Grant Program to promote markets for recycled-content surfacing products made from waste tires generated in California. Recycled asphalt concrete (RAC) is made by blending ground tire rubber with asphalt binder, then mixing the blend with conventional materials.

The grant program awards $1.00 per square yard of rubberized chip seal material proposed.

The City of Tulare would like to request $64,073 in funding from CalRecycle for a chip seal project. The proposed streets to be chip sealed are noted on the attached maps and the project would cover an estimated 68,000 square yards.

This resolution will approve the City’s application efforts for CalRecycle’s Rubberized Pavement Grant Program.

FISCAL IMPACT & FUNDING SOURCE(S)
The total cost of the project is estimated at $850,000. Funding would come from ST0006 – Annual Pavement Management funds.

LEGAL REVIEW
This item did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If denied, the City will not accept the grant funds if awarded.

ATTACHMENTS

1. Maps of Project Areas

2. Resolution
Reviewed/Approved: JM
Item #: 13.3
Consent

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RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING SUBMITTAL OF INDIVIDUAL PAYMENT PROGRAM

APPLICATIONS AND RELATED AUTHORIZATIONS FOR THE RUBBERIZED

PAVEMENT GRANT PROGRAM
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Payment Programs; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Payment Programs; and WHEREAS, CalRecycle’s procedures for administering Payment Programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the Payment Program.

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

Section 1. The City of Tulare’s Public Works Director, or their designee, is hereby authorized and empowered to execute in the name of the City of Tulare all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

Section 2. This authorization is effective for five years from the date this resolution is adopted or until rescinded by this governing body, whichever occurs first.

PASSED, APPROVED, AND ADOPTED by the Council of the City of Tulare this 1st day of October 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

13.3 Consent Page 5
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Caltrans Right-of-Way Relinquishment

RECOMMENDED ACTION
Authorize the City Manager to provide a letter to Caltrans indicating the City’s intention to accept the relinquishment of State right-of-way on San Joaquin Avenue immediately west of the Highway 99 southbound ramps and on Sierra Avenue immediately east of the Highway 99 northbound ramps, and to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highway Code.

SUMMARY
As part of the Caltrans project to signalize and improve the Highway 99 ramp intersections of Tulare Avenue (State Route 137), the existing connections of San Joaquin Avenue and Sierra Avenue to the ramps were eliminated. In doing so, it was necessary for Caltrans to construct turnarounds at the east end of San Joaquin Avenue east of Blackstone Street, and at the west end of Sierra Avenue west of Spruce Street. The turnaround at the east end of San Joaquin Avenue was in the form of a hammerhead style turnaround. Sierra Avenue west of Spruce Street terminates in a cul-de-sac bulb.

They are now requesting that the City undertake the same process as before for these omitted portions of right-of-way. A plan showing the locations of the parcels and supporting documentation regarding Caltrans initial site assessment identifying no hazardous material or waste-related concerns is attached for reference. Staff has reviewed these items and has no concerns regarding acceptance of the proposed relinquishment.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes
Item #: 13.4
Consent

13.4 Consent Page 1

2. Deny - Denying the request would result in portions of the subject turnarounds not being under the City’s jurisdiction.

3. Table - Tabling the request would not result in any immediate repercussions.

ATTACHMENTS

1. Relinquishment Map

2. Caltrans Initial Site Assessment

3. Draft Acceptance & Waiver Letter
Reviewed/Approved: JM

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STATE OF CALIFORNIA 06- TUL-137-PM 16.5
DEPARTMENT OF TRANSPORTATION EA 06-0T350
2015 E. Shields Ave., Suite 100 RELINQUISHMENT
Fresno, CA 93726 No.89872
The City of Tulare has reviewed your offer to accept that portion of State Right of Way to be relinquished as per the attached map.

Please Check One:
 Yes, we are willing to accept the Relinquishment in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in EDM_89872.pdf. The City of Tulare has received and reviewed a copy of the abovereferenced document. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials. Please proceed with preparing the final submittal.  No, we are not interested in accepting the Relinquishment. (Please list your reasons why) Please Check One:
 Yes, we agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highways Code.  No, we do not agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highway Code.

As the City Manager for the City of Tulare and having the authority to act on behalf of the City Council, I attest to the above checked items.

BY:

TITLE: Marc Mondell, City Manager
DATE:
“Provide a safe and reliable transportation network that serves all people and respects the environment”

13.4 Consent Page 14
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of Five 2024 Ford Police Interceptors

RECOMMENDED ACTION
Award the purchase of five new/unused 2024 Ford Police Interceptors to Dana Safety Supply, Inc., of Fresno, CA, in the amount of $263,721.85, which includes all fees, tax, and shipping.

SUMMARY
In March 2023, the City Council approve the purchase of five (5) new/unused 2023 Ford Police Interceptors from National Auto Fleet Group using the Sourcewell Purchasing contract. The purchase order was issued on March 24, 2023, for a total of $266,154.75. Staff has been tracking this order, and on September 9, 2024, staff received notice that Ford Motor Company could not fulfill the order in the current production run due to high demand for government orders and the City’s order is canceled.

FISCAL IMPACT & FUNDING SOURCE(S)
The total cost for each unit will be $52,744.37, a decrease of $486.58 for each unit. If approved, the original purchase order to National Auto Fleet Group will be voided and a new purchase order will be issued to Dana Safety Supply. The Police Department has the funding in their Equipment Replacement Fund.

LEGAL REVIEW
This item did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If this request is denied, staff will wait until Ford Motor Company opens the order window for new 2025 Ford Police Interceptors. The delay may cause of a shortage of patrol vehicles in case of accidents or extended time for repair work.

Item #: 13.5
Consent

13.5 Consent Page 1

ATTACHMENTS

1. Quote from Dana Safety Supply, Inc.

2. Original Quote from National Auto Fleet Group
Reviewed/Approved: JM

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13.5 Consent Page 4
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Acceptance of FEMA SAFER Grants

RECOMMENDED ACTION
Accept the 2023 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $4,658,468.

SUMMARY
The City of Tulare and its Fire Department (TFD) has been awarded a Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $4,658,468.88. This grant offers three years of complete funding for the salary and mutually agreed upon benefits to hire 12 new firefighter positions. The grant period of performance starts no later than March 2, 2025, and will end March 1, 2028.

The City has a 180-day recruitment period from the award date of September 3, 2024 to hire all 12 positions. If the 12 positions are filled before the March 2, 2025 deadline, the City can file an amendment to start the period of performance early. The period of performance regardless of start date cannot be longer than three years.

Year Annual Salary
Per Firefighter
Annual Benefits
Per Firefighter Total Per Person Total for All 12
1 $82,737 $36,705 $119,442 $1,433,300~
2 $90,348 $38,769 $129,177 $1,549,406~
3 $98,660 $40,986 $139,646 $1,675,761~
3-year total $4,658,468
The estimated cost for the City to maintain these 12 positions starting at year 4 from March 3, 2028 to March 2, 2029 is provided below.

Year 4: Per firefighter, estimated and from the General Fund Annual Salary: $107,750
Annual Benefits: $43,750
Total: $151,500 per person
Total for all 12: $1,818,000
Item #: 13.6
Consent

13.6 Consent Page 1
Salary and benefits have been approved in the Fiscal Year (FY) 2025 budget expenditure account 001-4230-1000s series.

The City Council has approved funding in the FY 2025 budget to cover uniforms and personal protective equipment for the 12 new firefighters. TFD will utilize expenditure account 001-4230- 2021 Uniform & Clothing to ensure these firefighters are issued the proper equipment to safely respond to citizen emergency response requests.

FISCAL IMPACT & FUNDING SOURCES
Funds are appropriated and available in the above expenditure accounts.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Awards Notification
Reviewed/Approved: JM

13.6 Consent Page 2
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/03/2024
Cameron Long

CITY OF TULARE FIRE BUSINESS
800 S. BLACKSTONE
TULARE, CA 93274
EMW-2023-FF-00136
Dear Cameron Long,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2023 Staffing for Adequate Fire and Emergency Response (FF) Grant funding opportunity has been approved in the amount of $4,658,468.88 in Federal funding.

FEMA has waived, in part or in full, one or more requirements for this grant award. See the Summary Award Memo for additional information about Economic Hardship Waivers.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2023 FF Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Summary Award Memo
Program: Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response

13.6 Consent Page 3
Recipient: CITY OF TULARE FIRE BUSINESS
UEI-EFT: N11GN125GAN9
DUNS number: 144842486
Award number: EMW-2023-FF-00136
Summary description of award
The purpose of the SAFER Grant Program is to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application ― including budget information ― was consistent with the SAFER Grant Program’s purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Approved Economic Hardship Waivers
Position cost limit waiver
FEMA has waived the position cost limit requirement for this grant award. Costs are limited to the approved budget per position.

Cost share waiver
FEMA has waived the cost share requirement for this grant award. You are not required to contribute non-Federal funds for this grant award. The recipient is responsible for any costs that exceed the Federal funding provided for this grant award.

Minimum budget waiver
FEMA has waived the minimum budget requirement for this award.

Non-supplanting waiver
FEMA has waived the non-supplanting requirement for this award. SAFER grant funds may be used to replace funds that would be available from State or local sources or from the Bureau of Indian Affairs.

Amount awarded
The amount of the award is detailed in the attached Obligating Document for Award. The cost share amounts described in this award letter are based on the approved total project cost; however, the

13.6 Consent Page 4
Federal funding available is limited based on the applicable position cost limit and the applicable cost share as applied to actual costs.

The following are the total approved budgeted estimates for object classes for all funded firefighter positions for this award (including Federal share plus your cost share, if applicable, as applied to the estimated costs):

Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FF NOFO.

Approved request details:

Hiring of Firefighters
Object Class First Year Second Year Third Year Total
Personnel $992,844.60 $1,084,180.20 $1,183,924.56 $3,260,949.36 Fringe benefits $440,456.04 $465,226.44 $491,837.04 $1,397,519.52 Travel $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00 $0.00
Contractual $0.00 $0.00 $0.00 $0.00
Construction $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00
Indirect charges $0.00 $0.00 $0.00 $0.00
Federal $1,433,300.64 $1,549,406.64 $1,675,761.60 $4,658,468.88 Non-federal $0.00 $0.00 $0.00 $0.00
Total $1,433,300.64 $1,549,406.64 $1,675,761.60 $4,658,468.88

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Agreement Articles
Program: Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF TULARE FIRE BUSINESS
UEI-EFT: N11GN125GAN9
DUNS number: 144842486
Award number: EMW-2023-FF-00136
Table of contents
New, Additional Firefighter(s)

BENEFITS FUNDED
Members of the California Public Employees' Retirement System (PERS). In accordance with the California Public Employees Pension Reform Act of 2013 (PEPRA), the City of Tulare will offer the following retirement benefit (2.7% at 57) to new PERS members beginning January 1, 2013 with three years final compensation. Existing PERS members with no break in service will receive the 3.0% at 55 formula with single highest year. Life insurance is provided. Two complete sets of uniforms are provided and $900 per year is paid thereafter as a uniform allowance. 136 hours vacation per year plus holiday credit. Additional days based on years of service. 134 hours sick leave per year. A long-term disability insurance program is available. Education incentive program. A mandatory wellness/fitness program. Flexible benefit program - IRS Section 125 Plan. Deferred compensation plan - 457 Plans available. Bilingual certification - an additional 2% of base salary for successful completion of city administered bilingual certification test. City pays a portion of the employee and dependent coverage costs of group medical, dental and vision insurance. An opt-out plan is also available. Benefits: Social Security, Employee Health Insurance, Workers’ Compensation, Pension Plan Costs, Medicare, Unemployment, Other 1st Yearly Total in $: 0.00, $11,960.00, $11,938.96, $8,902.51, $1,199.96, $0.00, $2,703.51 2nd Yearly Total in $: 0.00, $11,960.00, $13,307.27, $9,757.62, $1,310.05, $0.00, $2,703.93 3rd Yearly Total in $: 0.00, $11,960.00, $14,236.69, $10,655.32, $1,430.58, $0.00, $2,703.83

NUMBER OF FIREFIGHTERS
12 ANNUAL

SALARY PRICE
ANNUAL

BENEFITS

TOTAL PER

FIREFIGHTER
Year 1 $82,737.05 $36,704.67 $119,441.72
Year 2 $90,348.35 $38,768.87 $129,117.22
Year 3 $98,660.38 $40,986.42 $139,646.80
3 Year Total $4,658,468.88

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Article
1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identifiable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act
Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations

13.6 Consent Page 7
Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Trafficking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identifier and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modification of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals

13.6 Consent Page 8
Article 1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency.

Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II.

Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance. V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award.

After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS.

The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civilrights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

13.6 Consent Page 9
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.

13.6 Consent Page 10
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

13.6 Consent Page 11
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17.

Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

13.6 Consent Page 12
Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificatedair-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help- department-supportedorganizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

13.6 Consent Page 13
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

13.6 Consent Page 14
Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

13.6 Consent Page 15
Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

13.6 Consent Page 16
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

Article 38 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.

13.6 Consent Page 17
Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process.

This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: [email protected] if you have any questions.

Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures.

13.6 Consent Page 18
Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities.

Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and nonconstruction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the firefighter hiring activities of new, additional firefighters, rehire laid off firefighters, or retain firefighters facing layoff OR recruitment and retention activities of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response as requested in its application. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients increased compliance with the National standards described in the NOFO.

Obligating document

1. Agreement No.

EMW-2023-FF00136

2. Amendment
No.

N/A

3. Recipient
No.
946000443

4. Type of
Action
AWARD

5. Control No.

WX03511N2024T

6. Recipient Name and
Address

CITY OF TULARE FIRE

BUSINESS
800 S BLACKSTONE ST
TULARE, CA 93274

7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

13.6 Consent Page 19

9. Name of
Recipient Project
Officer
Cameron Long
9a. Phone
No.
5598590260

10. Name of FEMA Project
Coordinator
Staffing for Adequate Fire and
Emergency Response (SAFER) Grant
Program
10a.

Phone
No.
1-866-
274-0960

11. Effective Date of
This Action
09/03/2024

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
03/02/2025 to
03/01/2028
Budget Period
03/02/2025 to
03/01/2028

15. Description of Action a. (Indicate funding data for awards or financial changes) Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action +
or (-)
Current Total
Award
Cumulative
Non-Federal
Commitment
FF 97.083
2024-F3-
GF01 -
P410-xxxx4101-D
$0.00 $4,658,468.88 $4,658,468.88 $0.00
Totals $0.00 $4,658,468.88 $4,658,468.88 $0.00
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
09/03/2024

13.6 Consent Page 20
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Amend the City’s Non-Utility Position Control Budget and Salary Schedule

RECOMMENDED ACTION
Adopt a resolution amending the City’s Non-Utility Position Control Budget (PCB) to add the allocation of 12 Firefighter/Paramedics (salary code 4030, from $6,395.07-$7,773.24) and add the classification of Firefighter/EMT (salary code 4025, from $5,915.44-$7,190.25/month) on the salary schedule.

SUMMARY
The City has been awarded a Staffing for Adequate Fire and Emergency Response Grant (SAFER) totaling $4,658,468.88. The grant funding will provide three years of funding for 12 new firefighter positions. The grant performance period starts no later than March 2, 2025, and will end March 1, 2028.

FISCAL IMPACT & FUNDING SOURCES
The grant will fund the 12 positions for a three-year period. The additional cost of uniforms and personal protective equipment for the twelve new positions have already been included in this year’s budget. Additional minor incidental costs associated with onboarding new firefighting staff can be accommodated in the current approved budget as well.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes (deny in part; approve in part)

2. Deny

3. Table

ATTACHMENTS

1. Resolution
Reviewed/Approved: JM
Item #: 13.7
Consent

13.7 Consent Page 1
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AMENDING THE CITY’S NON-UTILITY POSITION CONTROL BUDGET AND

SALARY SCHEDULE
WHEREAS, the Position Control Budget (PCB) sets the authorized positions for the fiscal year; and
WHEREAS, staff has identified needed allocations and an additional classification to the PCB and to the City’s established salary schedule; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, that the following changes to the City’s Non-Utility PCB and established salary schedule are hereby adopted as follows:

Section 1. Add the allocation of 12 Firefighter/Paramedic, (salary code 4030, from $6,395.07-$7,773.24).

Section 2. Add the classification of Firefighter/EMT (salary code 4025, from $5,915.44-$7,190.25/month).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 1st day of October 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

13.7 Consent Page 2
Classification Title FTE
-
MM01E0150-001 CITY MANAGER 1.00
MM01E0149-001 ASSISTANT CITY MANAGER 1.00
MM06E0136-002 CHIEF DEPUTY CITY CLERK 1.00
MM06E0139-001 ADMINISTRATION ANALYST 1.00
-
MM01E0054-001 ASSISTANT FINANCE DIRECTOR 1.00
CP06N0022-002 ACCOUNTING TECHNICIAN II 1.00
CP06N0022-004 ACCOUNTING TECHNICIAN II 1.00
CP05N0023-001 PAYROLL SPECIALIST 1.00
MM02E0051-001 UTILITY BILLING MANAGER 1.00
MM02E0057-001 BUDGET FINANCE MANAGER 1.00
MM01E0280-002 CHIEF FINANCIAL OFFICER 1.00
CP06N0020-003 ACCOUNTING TECHNICIAN I 1.00
CP06N0020-002 ACCOUNTING TECHNICIAN I 1.00
CP02N0010-001 ACCOUNTANT 1.00
CP02N0010-004 ACCOUNTANT 1.00
-
MM03E0184-002 COMPUTER SYSTEMS ANALYST 1.00
MM03E0184-003 COMPUTER SYSTEMS ANALYST 1.00
MM03E0184-001 COMPUTER SYSTEMS ANALYST 1.00
MM03E0182-001 GIS SYSTEMS ANALYST 1.00
MM02E0186-001 CHIEF TECHNOLOGY OFFICER 1.00
-
MM01E0706-001 COMMUNITY DEVELOPMENT DIRECTOR 1.00
MM01E0711-001 EXEC DIR OF ECON DEVEL & REDEV 1.00
MM02E0489-005 SENIOR MANAGEMENT ANALYST 1.00
-
MM02E0490-002 MANAGEMENT ANALYST 1.00
MM03E0402-002 HUMAN RESOURCES ANALYST 1.00
MM02E0490-003 MANAGEMENT ANALYST 1.00
MM01E0145-002 HUMAN RESOURCES DIRECTOR 1.00
-
CP05N0160-003 CODE ENFORCEMENT OFFICER 1.00
CP05N0159-001 CODE ENFC OFC/SUB HOUSING CMPL 1.00
CP05N0160-004 CODE ENFORCEMENT OFFICER 1.00
CP05N0160-005 CODE ENFORCEMENT OFFICER 1.00
Position Number
Home department : 001-4020 (Count: 4)
Home department : 001-4030 (Count: 11)
Home department : 001-4035 (Count: 5)
Home department : 001-4040 (Count: 3)
Home department : 001-4060 (Count: 4)
Home department : 001-4100 (Count: 5)
City of Tulare

POSITION CONTROL BUDGET
Allocated Positions
10/1/2024 (FY 2025-26)

13.7 Consent Page 3
CP05N0160-002 CODE ENFORCEMENT OFFICER 1.00
-
NM05N0040-001 ANIMAL SERVICES OFFICER 1.00
MM02E0048-001 ANIMAL SERVICES MANAGER 1.00
NM05N0041-001 KENNEL TECHNICIAN 1.00
NM05N0041-002 KENNEL TECHNICIAN 1.00
NM05N0041-003 KENNEL TECHNICIAN 1.00
NM05N0040-002 ANIMAL SERVICES OFFICER 1.00
CP06N0045-001 ANIMAL SERVICES TECHNICIAN 1.00
NM05N0040-003 ANIMAL SERVICES OFFICER 1.00
-
MM02E0491-001 SAFETY, COMPLIANC & FAC. OFFCR 1.00
-
PD04N0630-005 POLICE OFFICER 1.00
PD04N0630-026 POLICE OFFICER 1.00
CP06N0235-003 DEPARTMENT ASSISTANT II 1.00
CP06N0635-002 POLICE RECORDS SPECIALIST 1.00
CP06N0730-003 PUBLIC SAFETY DISPATCHER I 1.00
CP06N0730-004 PUBLIC SAFETY DISPATCHER I 1.00
PD04N0630-006 POLICE OFFICER 1.00
CP05N0165-008 COMMUNITY SERVICE OFFICER 1.00
CP06N0731-001 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-007 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-008 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-009 PUBLIC SAFETY DISPATCHER II 1.00
MM03E0168-001 POLICE ANALYST 1.00
CP06N0731-005 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-006 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-011 PUBLIC SAFETY DISPATCHER II 1.00
MP03E0633-002 POLICE SERGEANT 1.00
MP01E0610-001 POLICE CHIEF 1.00
CP06N0025-002 SR. ADMINISTRATIVE ASSISTANT 1.00
MM03E0646-002 POLICE RECORDS MANAGER 1.00
CP06N0730-010 PUBLIC SAFETY DISPATCHER I 1.00
CP06N0731-010 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0636-005 POLICE RECORDS ASSISTANT 1.00
CP06N0636-004 POLICE RECORDS ASSISTANT 1.00
MP02E0621-002 POLICE CAPTAIN 1.00
CP06N0635-001 POLICE RECORDS SPECIALIST 1.00
CP06N0635-003 POLICE RECORDS SPECIALIST 1.00
CP03N0732-001 DISPATCH SUPERVISOR 1.00
-
Home department : 001-4105 (Count: 8)
Home department : 001-4120 (Count: 1)
Home department : 001-4220 (Count: 28)
Home department : 001-4221 (Count: 41)

13.7 Consent Page 4
PD04N0630-054 POLICE OFFICER 1.00
PD04N0630-055 POLICE OFFICER 1.00
PD04N0630-056 POLICE OFFICER 1.00
PD04N0630-002 POLICE OFFICER 1.00
PD04N0630-003 POLICE OFFICER 1.00
PD04N0615-003 POLICE CORPORAL 1.00
PD04N0630-028 POLICE OFFICER 1.00
CP05N0165-004 COMMUNITY SERVICE OFFICER 1.00
PD04N0630-019 POLICE OFFICER 1.00
PD04N0630-048 POLICE OFFICER 1.00
PD04N0615-006 POLICE CORPORAL 1.00
CP06N0230-006 DEPARTMENT ASSISTANT I 1.00
PD04N0630-033 POLICE OFFICER 1.00
MP03E0633-008 POLICE SERGEANT 1.00
PD04N0630-039 POLICE OFFICER 1.00
MP03E0633-009 POLICE SERGEANT 1.00
PD04N0630-045 POLICE OFFICER 1.00
PD04N0630-046 POLICE OFFICER 1.00
PD04N0630-051 POLICE OFFICER 1.00
PD04N0630-052 POLICE OFFICER 1.00
MP02E0620-001 POLICE LIEUTENANT 1.00
MP02E0620-002 POLICE LIEUTENANT 1.00
MP02E0620-003 POLICE LIEUTENANT 1.00
MP02E0620-004 POLICE LIEUTENANT 1.00
PD04N0630-001 POLICE OFFICER 1.00
MP03E0633-001 POLICE SERGEANT 1.00
PD04N0630-015 POLICE OFFICER 1.00
MP03E0633-006 POLICE SERGEANT 1.00
CP05N0165-003 COMMUNITY SERVICE OFFICER 1.00
PD04N0630-012 POLICE OFFICER 1.00
MP03E0633-005 POLICE SERGEANT 1.00
PD04N0630-023 POLICE OFFICER 1.00
PD04N0630-027 POLICE OFFICER 1.00
PD04N0615-011 POLICE CORPORAL 1.00
PD04N0615-013 POLICE CORPORAL 1.00
PD04N0630-040 POLICE OFFICER 1.00
PD04N0630-041 POLICE OFFICER 1.00
PD04N0630-014 POLICE OFFICER 1.00
PD04N0630-030 POLICE OFFICER 1.00
MP02E0621-003 POLICE CAPTAIN 1.00
PD04N0630-032 POLICE OFFICER 1.00
- Home department : 001-4222 (Count: 13)

13.7 Consent Page 5
PD04N0615-005 POLICE CORPORAL 1.00
PD04N0615-007 POLICE CORPORAL 1.00
PD04N0615-001 POLICE CORPORAL 1.00
CP05N0165-001 COMMUNITY SERVICE OFFICER 1.00
PD04N0615-012 POLICE CORPORAL 1.00
CP03N0167-001 SENIOR EVIDENCE TECHNICIAN 1.00
PD04N0630-044 POLICE OFFICER 1.00
CP05N0162-001 PROPERTY ROOM ASSISTANT 1.00
CP03N0166-001 EVIDENCE TECHNICIAN 1.00
PD04N0630-009 POLICE OFFICER 1.00
MP03E0633-007 POLICE SERGEANT 1.00
PD04N0615-008 POLICE CORPORAL 1.00
MP02E0621-001 POLICE CAPTAIN 1.00
-
PD04N0630-004 POLICE OFFICER 1.00
PD04N0630-007 POLICE OFFICER 1.00
PD04N0630-010 POLICE OFFICER 1.00
PD04N0630-029 POLICE OFFICER 1.00
PD04N0630-049 POLICE OFFICER 1.00
PD04N0630-008 POLICE OFFICER 1.00
PD04N0615-010 POLICE CORPORAL 1.00
PD05N0629-006 POLICE TRAINEE 1.00
PD04N0630-038 POLICE OFFICER 1.00
CP06N0731-003 PUBLIC SAFETY DISPATCHER II 1.00
PD04N0630-043 POLICE OFFICER 1.00
PD04N0630-037 POLICE OFFICER 1.00
CP06N0731-004 PUBLIC SAFETY DISPATCHER II 1.00
PD04N0615-002 POLICE CORPORAL 1.00
CP05N0165-002 COMMUNITY SERVICE OFFICER 1.00
PD04N0630-013 POLICE OFFICER 1.00
PD04N0630-011 POLICE OFFICER 1.00
PD04N0630-016 POLICE OFFICER 1.00
PD04N0630-017 POLICE OFFICER 1.00
PD04N0630-025 POLICE OFFICER 1.00
PD04N0630-018 POLICE OFFICER 1.00
PD04N0630-042 POLICE OFFICER 1.00
PD04N0630-020 POLICE OFFICER 1.00
PD05N0629-002 POLICE TRAINEE 1.00
MP03E0633-010 POLICE SERGEANT 1.00
PD04N0630-031 POLICE OFFICER 1.00
PD04N0630-034 POLICE OFFICER 1.00
MP03E0633-003 POLICE SERGEANT 1.00
Home department : 001-4224 (Count: 28)

13.7 Consent Page 6
-
FD03N0365-003 FIRE ENGINEER 1.00
M202E0300-002 FIRE CAPTAIN 1.00
M202E0300-004 FIRE CAPTAIN 1.00
M202E0300-005 FIRE CAPTAIN 1.00
FD03N0365-005 FIRE ENGINEER 1.00
FD04N0371-013 FIRE FIGHTER/PARAMEDIC 1.00
FD03N0365-008 FIRE ENGINEER 1.00
FD04N0371-002 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-009 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-011 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-011 FIRE CAPTAIN 1.00
FD03N0365-009 FIRE ENGINEER 1.00
FD03N0365-012 FIRE ENGINEER 1.00
M202E0300-012 FIRE CAPTAIN 1.00
MM02E0360-001 FIRE DIVISION CHIEF 1.00
MM02E0360-002 FIRE DIVISION CHIEF 1.00
MM02E0360-003 FIRE DIVISION CHIEF 1.00
FD03N0365-013 FIRE ENGINEER 1.00
FD04N0371-015 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-007 FIRE CAPTAIN 1.00
MF01E0315-001 FIRE CHIEF 1.00
FD03N0365-001 FIRE ENGINEER 1.00
M202E0300-003 FIRE CAPTAIN 1.00
CP03N0375-001 FIRE INSPECTOR I 1.00
M202E0300-001 FIRE CAPTAIN 1.00
FD03N0365-002 FIRE ENGINEER 1.00
FD04N0371-004 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-007 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-010 FIRE CAPTAIN 1.00
MM02E0362-001 FIRE MARSHAL 1.00
FD03N0365-010 FIRE ENGINEER 1.00
CP06N0025-005 SR. ADMINISTRATIVE ASSISTANT 1.00
FD04N0373-001 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-002 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-003 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-004 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-005 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-006 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-007 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-008 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-009 FIRE FIGHTER/PARAMEDIC* 1.00
Home department : 001-4230 (Count: 44)

13.7 Consent Page 7
FD04N0373-010 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N03737-011 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N03737-012 FIRE FIGHTER/PARAMEDIC* 1.00
-
FD03N0365-006 FIRE ENGINEER 1.00
FD04N0371-014 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-008 FIRE CAPTAIN 1.00
M202E0300-009 FIRE CAPTAIN 1.00
FD04N0371-001 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-003 FIRE FIGHTER/PARAMEDIC 1.00
FD03N0365-007 FIRE ENGINEER 1.00
FD03N0365-011 FIRE ENGINEER 1.00
FD04N0371-006 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-008 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-006 FIRE CAPTAIN 1.00
-
NM08N0793-003 STREET MAINTENANCE WORKER II 1.00
NM07N0800-001 STREET SUPERVISOR 1.00
NM07N0791-001 STREET MAINTENANCE CREW LEADER 1.00
NM07N0779-001 SIGNAL LIGHT TECHNICIAN 1.00
NM08N0792-001 STREET MAINTENANCE WORKER I 1.00
NM07N0791-002 STREET MAINTENANCE CREW LEADER 1.00
NM08N0792-003 STREET MAINTENANCE WORKER I 1.00
NM08N0793-002 STREET MAINTENANCE WORKER II 1.00
NM08N0792-002 STREET MAINTENANCE WORKER I 1.00
MM03E0795-002 STREET MANAGER 1.00
NM07N0779-002 SIGNAL LIGHT TECHNICIAN 1.00
NM08N0794-001 TRAFFIC MAINTENANCE WORKER 1.00
-
NM08N0701-001 COMMUNITY MAINTENANCE WORKER 1.00
NM08N0700-001 SENIOR COMMUNITY MAINTENANCE WORKER 1.00
-
CP06N0235-006 DEPARTMENT ASSISTANT II 1.00
MM01E0696-001 COMMUNITY SERVICES DIRECTOR 1.00
CP06N0025-001 SR. ADMINISTRATIVE ASSISTANT 1.00
-
NM08N0565-001 PARKS MAINTENANCE SUPERVISOR 1.00
NM08N0535-001 PARKS MAINTENANCE TECHNICIAN 1.00
NM08N0545-001 PARKS MAINTENANCE WORKER I 1.00
NM08N0550-002 PARKS MAINTENANCE WORKER II 1.00
NM08N0550-003 PARKS MAINTENANCE WORKER II 1.00
NM08N0535-002 PARKS MAINTENANCE TECHNICIAN 1.00
Home department : 001-4231 (Count: 11)
Home department : 001-4320 (Count: 12)
Home department : 001-4322 (Count: 2)
Home department : 001-4400 (Count: 3)
Home department : 001-4410 (Count: 14)

13.7 Consent Page 8
NM08N0545-003 PARKS MAINTENANCE WORKER I 1.00
NM08N0550-007 PARKS MAINTENANCE WORKER II 1.00
NM03N0564-001 LANDSCAPE MAINTENANCE TECH 1.00
MM03E0561-002 PARKS MAINTENANCE MANAGER 1.00
NM08N0550-001 PARKS MAINTENANCE WORKER II 1.00
NM08N0550-004 PARKS MAINTENANCE WORKER II 1.00
NM08N0566-001 PARK RANGER 1.00
NM08N0545-006 PARKS MAINTENANCE WORKER I 1.00
-
MM03E0685-004 RECREATION SUPERVISOR 1.00
MM03E0685-005 RECREATION SUPERVISOR 1.00
MM03E0685-001 RECREATION SUPERVISOR 1.00
MM03E0685-003 RECREATION SUPERVISOR 1.00
NM08N0703-001 HOMELESS PREVENTION COORDINATOR-CONTRACT 1.00 MM01E0692-001 ASSISTANT COMMMUNITY SRVCS DIR 1.00
-
MM02E0435-002 LIBRARIAN 1.00
MM01E0484-001 LIBRARY MANAGER 1.00
CP05N0445-003 LIBRARY ASSISTANT 1.00
CP05N0740-002 SENIOR LIBRARY ASSISTANT 1.00
CP05N0445-006 LIBRARY ASSISTANT 1.00
MM02E0435-001 LIBRARIAN 1.00
CP05N0445-002 LIBRARY ASSISTANT 1.00
CP05N0740-001 SENIOR LIBRARY ASSISTANT 1.00
MM02E0435-003 LIBRARIAN 1.00
-
NM07N0495-001 MECHANIC II 1.00
NM06N0570-002 PARTS AND INVENTORY CLERK 1.00
NM07N0569-001 SHOP AND PARTS SPECIALIST 1.00
NM07N0382-001 MECHANIC I 1.00
NM07N0495-004 MECHANIC II 1.00
NM07N0495-003 MECHANIC II 1.00
MM03E0380-001 FLEET MAINTENANCE SUPERINTENDE 1.00
NM07N0382-003 MECHANIC I 1.00
NM07N0382-002 MECHANIC I 1.00
NM07N0379-001 LEAD MECHANIC 1.00
-
CP06N0230-005 DEPARTMENT ASSISTANT I 1.00
-
CP03E0089-001 ASSISTANT PLANNER 1.00
MM02E0721-001 HOUSING & GRANTS SPECIALIST 1.00
MM01E0752-001 PRINCIPAL PLANNER 1.00
Home department : 007-4450 (Count: 1)
Home department : 008-4610 (Count: 6)
Home department : 004-4510 (Count: 10)
Home department : 001-4420 (Count: 6)
Home department : 001-4451 (Count: 9)

13.7 Consent Page 9
CP06N0025-004 SR. ADMINISTRATIVE ASSISTANT 1.00
CP03E0089-002 ASSISTANT PLANNER 1.00
MM01E0725-001 HOUSING & GRANTS MANAGER 1.00
-
CP03N0580-001 PLANS EXAMINER 1.00
CP03N0121-001 BUILDING INSPECTOR II 1.00
CP03N0596-001 PERMIT TECHNICIAN 1.00
MM01E0134-001 CHIEF BUILDING OFFICIAL 1.00
CP03N0120-001 BUILDING INSPECTOR I 1.00
CP03N0120-002 BUILDING INSPECTOR I 1.00
MM06E0598-001 PERMIT CENTER COORDINATOR 1.00
CP03N0596-002 PERMIT TECHNICIAN 1.00
CP03N0596-003 PERMIT TECHNICIAN 1.00
-
CP03N0660-002 PUBLIC WORKS INSPECTOR 1.00
CP03N0245-002 ENGINEERING ASSISTANT 1.00
MM02E0156-001 SENIOR CIVIL ENGINEER 1.00
MM02E0156-002 SENIOR CIVIL ENGINEER 1.00
MM01E0651-001 CITY ENGINEER 1.00
CP03N0660-001 PUBLIC WORKS INSPECTOR 1.00
CP03N0245-003 ENGINEERING ASSISTANT 1.00
CP03N0252-001 SENIOR ENGINEERING ASSISTANT 1.00
CP03N0245-004 ENGINEERING ASSISTANT 1.00
-
NM08N0945-001 WATER UTILITY MAINT. WORKER I 1.00
NM08N0935-002 WATER UTILITY CREW LEADER 1.00
NM08N0950-001 WATER UTILITY MAINT. WORKER II 1.00
NM08N0945-002 WATER UTILITY MAINT. WORKER I 1.00
NM08N0945-003 WATER UTILITY MAINT. WORKER I 1.00
NM08N0500-002 METER READER 1.00
MM01E0650-001 PUBLIC WORKS DIRECTOR 1.00
NM08N0945-005 WATER UTILITY MAINT. WORKER I 1.00
NM08N0935-003 WATER UTILITY CREW LEADER 1.00
NM08N0950-004 WATER UTILITY MAINT. WORKER II 1.00
NM03N0921-001 WATER TREATMENT SUPERVISOR 1.00
NM08N0920-001 WATER TREATMENT TECHNICIAN 1.00
NM03N0922-001 CROSS CONNECTION SPECIALIST 1.00
MM03E0917-001 WATER & WW COLL UTILITY MGR 1.00
NM05N0920-002 WATER TREATMENT TECHNICIAN 1.00
NM08N0500-001 METER READER 1.00
NM08N0950-002 WATER UTILITY MAINT. WORKER II 1.00
NM08N0926-001 WATER CONSERVATION WORKER 1.00
Home department : 008-4620 (Count: 9)
Home department : 008-4630 (Count: 9)
Home department : 010-4610 (Count: 21)

13.7 Consent Page 10
NM0070965-001 WATER UTILITY SUPERVISOR 1.00
NM08N0945-008 WATER UTILITY MAINT. WORKER I 1.00
NM08N0945-007 WATER UTILITY MAINT. WORKER I 1.00
-
CP06N0230-004 DEPARTMENT ASSISTANT I 1.00
NM08N0780-003 SOLID WASTE OPERATOR 1.00
NM08N0780-002 SOLID WASTE OPERATOR 1.00
NM08N0780-005 SOLID WASTE OPERATOR 1.00
NM08N0780-007 SOLID WASTE OPERATOR 1.00
NM08N0780-006 SOLID WASTE OPERATOR 1.00
NM08N0780-009 SOLID WASTE OPERATOR 1.00
NM08N0780-010 SOLID WASTE OPERATOR 1.00
NM08N0780-004 SOLID WASTE OPERATOR 1.00
CP06N0230-001 DEPARTMENT ASSISTANT I 1.00
NM08N0781-003 SOLID WASTE MAINTENANCE WORKER 1.00
NM03N0790-002 SOLID WASTE SUPERVISOR 1.00
NM08N0780-008 SOLID WASTE OPERATOR 1.00
NM08N0775-001 SOLID WASTE MAINT CREW LEADER 1.00
MM03E0785-002 SOLID WASTE MANAGER 1.00
NM08N0780-013 SOLID WASTE OPERATOR 1.00
CP06N0025-003 SR. ADMINISTRATIVE ASSISTANT 1.00
NM08N0780-011 SOLID WASTE OPERATOR 1.00
NM08N0780-014 SOLID WASTE OPERATOR 1.00
NM03N0790-001 SOLID WASTE SUPERVISOR 1.00
NM08N0780-012 SOLID WASTE OPERATOR 1.00
NM08N0772-001 CONSERVATION COORDINATOR 1.00
NM08N0780-001 SOLID WASTE OPERATOR 1.00
NM08N0781-001 SOLID WASTE MAINTENANCE WORKER 1.00
NM08N0781-002 SOLID WASTE MAINTENANCE WORKER 1.00
NM08N0780-015 SOLID WASTE OPERATOR 1.00
-
NM08N0765-003 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-001 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-002 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-008 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-009 SENIOR SOLID WASTE OPERATOR 1.00
NM07N0776-001 SR SOLID WASTE MAINTENANCE WKR 1.00
NM08N0765-006 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-007 SENIOR SOLID WASTE OPERATOR 1.00
NM07N0776-003 SR SOLID WASTE MAINTENANCE WKR 1.00
NM08N0765-011 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-012 SENIOR SOLID WASTE OPERATOR 1.00
Home department : 012-4710 (Count: 26)
Home department : 012-4711 (Count: 11)

13.7 Consent Page 11
-
NM08N0765-010 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-004 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-005 SENIOR SOLID WASTE OPERATOR 1.00
-
NM08N0875-001 WASTEWATER COLL. MAINT. WKR II 1.00
NM03N0844-001 WASTEWATER COLL. MAINT. SUPV 1.00
NM07N0865-001 WW COLL. MAINT. CREW LEADER 1.00
NM08N0870-001 WASTEWATER COLL. MAINT. WKR I 1.00
NM08N0870-005 WASTEWATER COLL. MAINT. WKR I 1.00
NM08N0870-004 WASTEWATER COLL. MAINT. WKR I 1.00
NM08N0870-002 WASTEWATER COLL. MAINT. WKR I 1.00
MM02E0489-004 SENIOR MANAGEMENT ANALYST 1.00
-
MM01E0105-001 ASST PUBLIC WORKS DIRECTOR 1.00
NM03N0900-001 WWTP OPERATOR III 1.00
NM05N0880-003 WASTEWATER MAINT. TECHNICIAN I 1.00
NM03N0430-001 LABORATORY TECHNICIAN 1.00
NM03N0900-003 WWTP OPERATOR III 1.00
CP06N0235-007 DEPARTMENT ASSISTANT II 1.00
NM05N0895-004 WWTP OPERATOR II 1.00
NM08N0905-002 WWTP OPERATOR TRAINEE 1.00
NM05N0895-006 WWTP OPERATOR II 1.00
MM03E0885-001 WW TREATMENT PLANT MANAGER 1.00
NM05N0895-008 WWTP OPERATOR II 1.00
NM05N0895-003 WWTP OPERATOR II 1.00
NM05N0880-001 WASTEWATER MAINT. TECHNICIAN I 1.00
NM05N0895-002 WWTP OPERATOR II 1.00
NM05N0880-002 WASTEWATER MAINT. TECHNICIAN I 1.00
NM05N0425-001 LABORATORY ASSISTANT 1.00
NM03N0877-001 WASTEWATER ELECTRICAL TECH I 1.00
NM03N0432-001 LABORATORY SUPERVISOR 1.00
NM08N0543-001 GROUNDS MAINTENANCE WORKER 1.00
NM03N0881-001 WASTEWATER MAINT TECHNICIAN II 1.00
NM05N0890-001 WWTP OPERATOR I 1.00
NM03N0866-001 WASTEWATER MAINTENANCE SUPERVI 1.00
NM08N0905-001 WWTP OPERATOR TRAINEE 1.00
NM03N0902-001 WWTP LEAD OPERATOR 1.00
NM03N0902-002 WWTP LEAD OPERATOR 1.00
MM02E0914-001 WWTP SUPERINTENDENT 1.00
NM05N0405-002 ENVIRONMENTAL COMPLIANCE INSP 1.00
-
Home department : 012-4713 (Count: 3)
Home department : 033-4225 (Count: 1)
Home department : 015-4651 (Count: 8)
Home department : 015-4652 (Count: 27)

13.7 Consent Page 12
PD04N0630-022 POLICE OFFICER 1.00
-
NM08N0190-001 CUSTODIAN 1.00
NM08N0190-002 CUSTODIAN 1.00
NM08N0190-005 CUSTODIAN 1.00
NM08N0190-007 CUSTODIAN 1.00
NM03N0275-003 FACILITIES MAINT. TECHNICIAN 1.00
NM03N0275-001 FACILITIES MAINT. TECHNICIAN 1.00
NM03N0275-002 FACILITIES MAINT. TECHNICIAN 1.00
NM08N0190-006 CUSTODIAN 1.00
MM03E0272-001 FACILITIES & AIRPORT MAINT MGR 1.00
NM03N0493-001 SAFETY COORDINATOR 1.00
NM08N0190-003 CUSTODIAN 1.00
NM03N0275-004 FACILITIES MAINT. TECHNICIAN 1.00
CP06N0030-006 ADMINISTRATIVE ASSISTANT 1.00
-
MM02E0886-001 PROJECT MANAGER 1.00
CP02N0255-001 CONSTRUCTION COORDINATOR 1.00
MM02E0886-002 PROJECT MANAGER 1.00
CP02N0255-002 CONSTRUCTION COORDINATOR 1.00
MM02E0886-003 PROJECT MANAGER 1.00
TOTAL FTE 401.00
Home department : 048-4530 (Count: 13)
Home department : 600-4600 (Count: 5)
*Flex Firefighter/Paramedic or Firefighter/EMT

13.7 Consent Page 13
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: License Agreement Acceptance for Tulare Trail Townhouses

RECOMMENDED ACTION
Contingent upon Council’s approved extension of prior Property Sale and Development Agreements with All Valley Housing Services, authorize the Mayor to execute a license agreement, subject only to minor conforming or clarifying changes acceptable to the City Attorney and City Manager, to allow All Valley Housing Services to construct and maintain 5- foot sidewalks with 5:1 grading slopes within the City’s Santa Fe Trail right-of-way along a portions of their adjacent residential properties.

SUMMARY
All Valley Housing Services had previously acquired former RDA properties from the City for the intended purpose of developing them with multi-family residential projects. The subject properties are located adjacent to the south side of the Santa Fe Trail between “M” Street and “N” Street, and “N” Street and “O” Streets. The projects proposed by the developer have units fronting on the Santa Fe Trail, which would be beneficial for maximizing trail utilization and security. However, due to the size of the properties, sidewalk along the front of the units would have to be located adjacent to the buildings to fit within the property boundaries. As an alternative, All Valley Housing is requesting permission to install and maintain approximately 644 linear feet of 5-foot sidewalk with 5:1 slope grading within the Santa Fe Trail right-of-way across the property frontages. This would allow for the installation of planters in between the buildings and sidewalk, which would greatly enhance the aesthetics of the project and provide a greater sense of privacy for residents. Under this scenario, the project sidewalks would encroach three feet (3’) onto the City’s Santa Fe Trail right-of-way. Additional encroachment would be required to allow the Owner to install and maintain 5:1 slope grading to comply with City standards. Per the terms of the proposed license agreement, the following requirements would apply:
a) The Owner shall properly maintain the sidewalk and 5:1 slope grading and related facilities in an attractive and safe condition,
b) The Owner agrees to repair any damage to the City/Santa Fe Trail right of way from installation or maintenance of the sidewalk and 5:1 slope grading, c) The Owner shall remove said encroachments within 90 days of receipt of notice from the City should the Owner fail to comply with the conditions of the license, d) The Owner shall indemnify and hold harmless the City from any claims arising from performance of the work, location and/or design of the sidewalk and 5:1 slope grading.

14.1 General Business Page 1
landscape the area between their property and the paved trail, and to construct pedestrian access from their property to the trail. Attached Exhibit B shows these proposed improvements.

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

LEGAL REVIEW
The City Attorney shall review and approve the proposed license agreement prior to its recordation.

ALTERNATIVE ACTION

1. Approval with changes - Staff would work with the Developer to determine how Council directed changes would impact the proposed projects.

2. Denial - Denying the request would require project sidewalks to be constructed entirely on Owner’s property.

3. Table - Tabling the request for a license agreement would delay the Developer’s project and could result in their choosing to construct project sidewalk entirely on their property so as not to delay their projects.

ATTACHMENTS

1. Proposed License Agreement

2. Exhibit B – Additional Santa Fe Trail Improvements proposed by Developer Reviewed/Approved: JM

14.1 General Business Page 2

DOCUMENT FOR BENEFIT
OF DEVELOPER. ALL
RECORDING FEES APPLY.

WHEN RECORDED MAIL TO:

CITY OF TULARE

CITY CLERK
411 E. KERNAVE.

TULARE, CA 93274
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CITY OF TULARE

LICENSE TO INSTALL AND MAINTAIN SIDEWALK AND GRADING IN SANTA FE

TRAIL RIGHT-OF-WAY/CITY RIGHT-OF-WAY
BETWEEN “M” STREET & «0” STREET SOUTH OF THE SANTA FE TRAIL The City of Tulare, a Municipal Corporation in the County of Tulare, State of California (CITY), hereby grants to ALL VALLEY HOUSING SERVICES (OWNER), a license and permit to encroach into the City’s /Santa Fe Trail right(s)-of-way along the frontage(s) between “M” Street & “O” Street (PROPERTY) for the purposes as follows:

To install and maintain approximately 644 linear feet of sidewalk and 5:1 slope grading along the PROPERTY’S Santa Fe Trail right of way between “M” Street & “O” Street. As depicted in attached Exhibit A.

Design Requirements:

1. Five feet of sidewalk, 3 ’ of which is located within the Santa Fe Trail/City Right of Way, and 5:1 slope grading.

Maintenance Requirements:

OWNER agrees to properly maintain sidewalk and 5:1 slope grading and related facilities in an attractive and safe condition. OWNER agrees to repair any damage to the Santa Fe Trail right of way/City right of way resulting from the installation or maintenance of the sidewalk and 5:1 slope grading. Should 0\WER fail to comply with these conditions, or should CITY determine said sidewalk and 5:1 slope grading to be in conflict with the installation or maintenance of public improvements within the CITY’s right-of-way, CITY may terminate this license in writing, and OWNER shall remove said encroachments within 90 days of receipt of said notice with all costs associated with the removal of the encroachments and repair of associated improvements to be borne by the OWNER.

14.1 General Business Page 3
Indemnification:

OWNER shall indemnify and hold hannless CITY and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work and/or sidewalk and 5:1 slope grading location and design, caused in whole or in part by any negligent act or omission of the OWNER. OWNER’S independent contractors, representatives, agents and invitees, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

IN WITNESS THEREOF, said CITY and OWNER have executed this document this day of_ScP-\COabe^ , 2021-1.

CITY;'TUJ^:ik^ OWNER (ALL VALLEY HOUSING
SERVICES):

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

Name:

Title: CfO
Date:

ATTEST:

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

14.1 General Business Page 4
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 CM\\0\\^
appeared \O-C^
before me. Notary Public, personally
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.
cdz:) meagham baker Moury Public - California El Tulare County % Commission ● 2471146 K.,. rnmm.Enp1rfsPecl0.2077 I
m
Signature of Notary Public

14.1 General Business Page 5

14.1 General Business Page 6

EXHIBIT C - LICENSE AGREEMENT REQUIRED IMPROVEMENTS BY THE DEVELOPER A
A
B
B
C
C
C
D
D
D
B
CD
AB
N
N
B

14.1 General Business Page 7
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director Economic Development & Redevelopment Agenda Title: Presentation of Revised City Logos

RECOMMENDED ACTION
Receive a presentation on the revised City Logos and provide direction thereto.

SUMMARY
The City of Tulare has an existing logo developed in the mid-1990’s that has become outdated and irrelevant. In light of the ever-increasing economic development activity occurring with the City, it is the appropriate timing for the City to rebrand it’s identity through the creation of a new logo and marketing tagline.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve a revised logo

2. Direct the Consultant to make further revisions

3. Deny

4. Table
Item #: 14.2
General Business

14.2 General Business Page 1

ATTACHMENTS
None
Reviewed/Approved: JM

14.2 General Business Page 2
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: Community Development
Submitted by: Mario Anaya, Community Development Director Agenda Title: Historic Preservation Program Implementation

RECOMMENDED ACTION
Receive a presentation from the historic preservation consultant and authorize approval of actions to implement a historic preservation planning program within the City of Tulare, beginning with properties in the city’s Downtown.

SUMMARY
On December 18, 2007, the Tulare City Council passed Ordinance 07-28, establishing Chapter

10.96 Historic Preservation (Historic Preservation Ordinance) in the City of Tulare Municipal Code. The existing Historic Preservation Ordinance authorizes the Planning Commission to oversee and administer the provisions of the ordinance. The Community Development Director serves as the Secretary to the Planning Commission and would do so for Historic Preservation, as authorized by the current Ordinance. Final approval of any historic resource or historic district designations rests with the City Council once the application has been processed by staff and presented to the Planning Commission.

While the Historic Preservation Ordinance is complete, well-written, and clear to begin implementation, there has yet to be a formal Local Register of Historic Resources that have been designated, which would be the next step in implementing the ordinance. Tulare has one resource already listed on the National Register of Historic Places (NRHP), the Tulare Union High School Auditorium and Administration Building. In addition, the Tulare Assembly Center (temporary detention camp for Japanese Americans during WWII) is listed on the California Register of Historical Resources (CRHR). Those are the only officially designated resources, at federal and state levels, however there are several properties and resources in the City that have historical ties and have been evaluated or written about over the years, including in the city’s Historic Resource Survey (last updated 2005).

At a regularly scheduled City Council meeting on December 19, 2023, City Council unanimously voted to direct the Community Development Director to work with the Planning Commission and establish a Historic Preservation Ad Hoc Advisory Committee to review what is needed to establish a historic preservation program in the City of Tulare, starting with Downtown Tulare as a test/demonstration neighborhood. Since the December 19, 2023 City Council meeting, a Historic Preservation Ad Hoc Advisory Committee was established consisting of interested members of the community, including downtown business and property owners, the Community Development Director serving in an advisory/secretary role, and Planning Commissioner Jocelyn Limas serving as the Planning Commission representative. The Ad Hoc Advisory Committee has met and begun preparing materials on next steps the city would need to take to effectuate and implement the city’s historic preservation ordinance, Chapter 10.96 of the Tulare Municipal Code. In addition, Historia Design & Consulting has been hired by the Community Development Director to provide an informational overview on what additional steps and tools the city can take Item #: 14.3
General Business

14.3 General Business Page 1
to implement a historic preservation program and utilize historic preservation as a tool for economic development, civic pride, and preserving the diverse heritage and history of the city.

As a consultant expert on historic preservation, Jacqueline Padilla-Perez is also able to answer any more detailed or technical questions regarding a historic preservation program at the municipal level.

There is currently momentum to begin implementing a historic preservation program in Downtown Tulare with the recent completion of the Downtown Master Plan, and with downtown property owners preserving, restoring, and/or reusing historic buildings. Unfortunately, that is also where the city has lost several buildings of local historical value to demolition over the years, even as recently as in the past month.

Following the presentation and the public hearing, Council is asked to vote on approving the following actions included in the attached resolution:
• Establish a local register of historic resources, with participating properties being reviewed by the Planning Commission and ultimately approved by Council, then designated with an “H” designation/historic overlay in the City’s Zoning Map, noting the property is subject to Chapter 10.96 of the City’s Zoning Ordinance and Municipal Code. • Direct staff to explore and work on an application for the City of Tulare to become a Certified Local Government (CLG) through the California Office of Historic Preservation (OHP).
• Direct staff to work with OHP to ensure the City can participate with interested property owners on a voluntary basis in the Mills Act Property Tax Abatement Program. • Direct staff to review the existing Historic Preservation Ordinance (TMC 10.96) for any recommended revisions needed that have been learned about during program implementation.
• Direct staff to research the creation of a revolving loan fund for historic rehabilitation to be financed through available grant programs, as well as private-public partnerships, and how these programs have worked in other locations that have implemented them, and report back on the potential of establishing such a program in Tulare. • Recommend the inclusion of a Historic Preservation Element in the next update to the City’s General Plan.

14.3 General Business Page 2

FISCAL IMPACT & FUNDING SOURCE(S)
Anticipated additional expenditures for consultant services and application fees required by the Office of Historic Preservation, with expenditure paid from the departmental consulting and administrative budget.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes: Approval to proceed with implementation of Historic Preservation Program, with addition of changes requested by City Council.

2. Deny: In denying implementation of the Historic Preservation Program, staff would not accept applications for designation of historic resources and the city would not carry out General Plan policies and goals related to historic preservation.

3. Table: Table the item to a future date as determined by Planning Commission, delaying the implementation of the city’s Historic Preservation Program.

ATTACHMENTS

1. Tulare Municipal Code Chapter 10.96 Historic Preservation

2. Why Become a Certified Local Government

3. Mills Act Program Overview & FAQs

4. Requirements

5. Resolution
Reviewed/Approved: JM

14.3 General Business Page 3
CHAPTER 10.96: HISTORIC PRESERVATION
Section

10.96.010 Intent and purpose.

10.96.020 Definitions.

10.96.030 Duties and powers of the Planning Commission.

10.96.040 Designation criteria.

10.96.050 Designation process.

10.96.060 Historic resources.

10.96.070 Local historic districts.

10.96.080 National Register historic districts or structures.

10.96.090 Adoption by Council.

10.96.100 Amendment or rescission of designation.

10.96.110 Local Register of Historic Resources.

10.96.120 Deletion of demolished, relocated or rescinded designated historic resources.

10.96.130 Historic resource permit review process.

10.96.140 Historic district permit review process.

10.96.150 Conditional uses.

10.96.160 Appeal procedure.

10.96.170 Finality of decision.

10.96.180 Substandard buildings.

10.96.190 Advice and guidance to property owners.

10.96.200 Property owned by public agencies.

10.96.210 Fire and building codes.

10.96.220 Minimum maintenance.

10.96.230 Status of properties previously designated.

10.96.240 Civil and criminal penalties.

10.96.250 Severability
§ 10.96.010 Intent and purpose.
(A) The purpose of this chapter is to continue to preserve, promote, and enhance the historic resources and designated historic districts of the city for educational, cultural, economic and the

14.3 General Business Page 4
general welfare of the public; to continue to protect and review changes to these resources and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this city, state and nation; to continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites and districts which reflect elements of the city's historic, cultural, social, economic, political and architectural history; to continue to preserve and enhance the environmental quality and safety of these landmarks and districts; to continue to establish, stabilize and improve property values and to foster economic development. (B) The Council finds that the city has played an important role in the development of the San Joaquin Valley of California and that this history is evidenced today through its historic buildings, structures, objects, and districts representing the commercial, industrial, social, economic, political and architectural development of the city. The Council finds that the distinctive and significant character of the city can best be maintained by protecting and enhancing its historic, architectural, aesthetic and cultural heritage and by preventing unnecessary injury or destruction of its historic resources and districts which are important community assets.
(C) The Council finds that this chapter benefits all of the residents of the city and all owners of property and declares as a matter of public policy that the preservation, protection and use of historic resources and districts are a public necessity because of their character and their value as visible reminders of the history and heritage of this city and state. The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people. The designation and preservation of historic resources and districts and the regulation of alterations, additions, repairs, signs, removal, demolition or new construction to ensure the perpetuation of their historic character is hereby designated to be a public purpose.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.020 Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in § 10.212 shall also govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

ALTERATION. Any change or modification requiring a city permit, through public or private action, of any designated historic resource or any property located within a designated historic district including, but not limited to: exterior changes to or modification of structural details, architectural details or visual characteristics such as doors, windows, surface materials and texture, grading or surface paving; addition of new structures; cutting or removal of important landscape features such as mature trees or other natural features; and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories compromising the exterior visual qualities of the resource or property.

ARCHITECTURAL DESIGN REVIEW COMMITTEE. The entity created to make recommendations to the Planning Commission regarding new development, modifications or alterations to resources within the district.

BUILDING. Any construction created primarily to shelter any form of human activity, including accessory structures and garages.

CALIFORNIA REGISTER OF HISTORICAL RESOURCES. The authoritative guide in California to be used by state and local agencies, private groups and citizens to identify the state's historical

14.3 General Business Page 5
resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial change.

COMMISSION. The City of Tulare Planning Commission.

CONTRIBUTOR TO A LOCAL HISTORIC DISTRICT. An individual historic resource which contributes to the significance of a Locally Designated Historic District (LHD) under the criteria set forth in this chapter.

CONTRIBUTOR TO A NATIONAL REGISTER HISTORIC DISTRICT. An individual historic resource which contributes to the significance of a National Register Historic District (NRD) under the criteria set forth in this chapter.

CULTURAL. As used in this chapter shall include traditional cultures including but not limited to Native American or other identifiable ethnic groups.

DEMOLITION. The act that destroys in whole or in part a designated historic resource.

DEPARTMENT. The Development Services Department, Planning Division of the city.

EXTERIOR ARCHITECTURAL FEATURE. The architectural elements embodying style, design, general arrangement and components of all of the outside surfaces of a building, structure or object, including but not limited to the type of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building, structure or object.

FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors.

HISTORIC RESOURCE. Any building, structure, object or site that has been in existence more than 45 years and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and is associated with events that have made a significant contribution to the broad patterns of our history, or is associated with the lives of persons significant in our past, or embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values; or has yielded, or may be likely to yield, important information in prehistory or history; and has been designated as such by the Council pursuant to the provisions of this chapter.

LANDSCAPING. Designed and non-designed landscapes including vegetation, natural features, structures, objects, roads or waterways, designed, shaped or modified by human activity. Such landscaping is recognized as significant or identified within a nomination as significant in reference to the primary resource; and has been designated as such by the Council pursuant to the provisions of this chapter.

LOCAL REGISTER OF HISTORIC RESOURCES. The inventory of buildings, structures, objects, sites and districts designated by the Council as historic resources or historic districts pursuant to the provisions of this chapter.

LOCAL HISTORIC DISTRICT (LHD). Any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area which possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. The Local Historic District must be significant as well as identifiable and it must meet the criteria of the California Register of Historic Resources.

NATIONAL REGISTER OF HISTORIC PLACES. The official federal list of districts, sites, buildings, structures and objects significant in American history, architecture, engineering and culture as authorized by the National Historic Preservation Act of 1966.

NATIONAL REGISTER HISTORIC DISTRICT (NRD). Any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area which possesses a

14.3 General Business Page 6
significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. The National Register Historic District must be significant as well as identifiable and it must meet National Register criteria for listing on that Register.

NON-CONTRIBUTOR. Any building, structure, object or site that does not contribute the significance of the historic district in which it is located.

OBJECT. Any construction that is primarily artistic in nature or is relatively small in scale and simply constructed. Although an object may be, by nature or design, movable, it is associated with a specific site or environment, such as fountain or sign.

PRESERVATION. The act or process of applying measures to sustain the existing form, integrity and material of an historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

PRESERVATION/DISTRICT PLAN. The plan adopted after the formation of an historic district which shall govern the manner in which the preservation objectives of the district will be attained.

RECONSTRUCTION. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or a part thereof, as it appeared at a specified period of time.

REGULATED PERMITS. Any permit issued for any work on an historic resource or within any historic district.

REHABILITATION. The act or process of making a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural or architectural values.

RESTORATION. The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

SECRETARY. The Planning Director or his or her designee.

SECRETARY OF THE INTERIOR'S STANDARDS. The Secretary of the Interior's Standards for the Treatment of Historic Properties published by the U.S. Department of the Interior.

SITE. The location of a significant event, a prehistoric or historic occupation or activity where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure, including but not limited to a designed landscape or the ruins of a building or structure.

SPECIALIST. A person or person designated by the Planning Director to serve as preservation specialist to assist the city.

STABILIZATION. The act or process of applying measures designed to reestablish a weatherresistant enclosure or the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.

STATE HISTORIC BUILDING CODE. Title 24, Building Standards, Part 8, California Code of Regulations.

STRUCTURE. Any construction created for purposes other than creating human shelter, including but not limited to a bridge or water tower.

SURVEY. Historic resource surveys conducted under the auspices of the city.

14.3 General Business Page 7
UNREASONABLE ECONOMIC HARDSHIP. Facts and circumstances which establish that there are no feasible measures that can be taken which will enable the property owner to make a reasonable beneficial use of the property or derive a reasonable economic return from the property in its current form.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.030 Duties and powers of the Planning Commission. (A) In regard to this chapter, the primary duties of the Planning Commission shall be:
(1) The identification, designation and preservation of historic resources and historic districts owned by the city or located within the city limits; and (2) The regulation of exterior alterations visible from a public right-of-way including demolition, relocation and new construction, and interior alterations which would affect the significance of historic resources or historic districts.
(B) The Commission shall have the following additional duties and powers:
(1) Conduct studies and evaluations of applications requesting the designation of historic districts, make determinations and recommendations as appropriate for consideration of such applications in order to effectuate the purposes of this chapter. (2) Adopt specific guidelines for the designation of historic resources, historic districts and heritage properties as it deems necessary to effectuate the purposes of this chapter. (3) Maintain a current listing and description of designated historic resources and historic districts and transmit copies and update of such listings to all appropriate city agencies and departments as determined by the Secretary to the Commission.
(4) Develop and recommend the adoption of a Historic Preservation Element for the General Plan of the city.
(5) Participate in environmental review procedures called for under this chapter or under the California Environmental Quality Act (CEQA) or under the National Environmental Protection Act (NEPA) by providing review and comments on permit actions affecting designated historic resources and historic districts as the Commission deems appropriate. (6) Review and comment upon the conduct of land use, housing, redevelopment, municipal improvement and other types of planning and programs undertaken by any agency or department of the city, county or state as they relate to designated historic resources and historic districts as the Commission deems appropriate.
(7) Establish criteria and conduct or cause to be conducted historical resource surveys of properties within the city limits in accordance with state survey standards and procedures; submit completed surveys to the Council for official adoption; and submit adopted surveys to the Office of Historic Preservation for integration into the Historic Property Data File for Tulare County maintained by that office.
(8) Recommend internal procedures to facilitate the use of such adopted historical resource surveys in planning and development processes by all relevant city agencies and departments. (9) Publicize, maintain and periodically update such historical resource surveys in accordance with state survey standards and procedures.
(10) Adopt procedural rules for the systematic review of such historical resource surveys to determine if designation proceedings should be initiated on appropriate sites. Provide for the removal

14.3 General Business Page 8
of sites not found qualified for designation from the survey and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation if included therein. (11) Review and make recommendations on nominations for inclusion in the California Register of Historical Resources.
(12) Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this chapter. (13) Adopt, promulgate, amend and rescind, from time to time, such rules, guidelines and regulations as the Commission may deem necessary to effectuate the purposes of this chapter. (14) Provide for a suitable sign, plaque or other marker at public or private expense, on or near the historic resource or district (LHD or NRD), indicating that the resource or district (LHD or NRD) has been so designated. The sign, plaque or other marker shall contain information and data deemed appropriate by the Commission and its placement shall be at the discretion of the owner. (15) Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions as a matter of public record. (16) Render advice and guidance, upon the request of a property owner or tenant on the financial and physical aspects of the restoration, alteration, rehabilitation, landscaping or maintenance of any historic resource or any contributor to any historic district (LHD or NRD). (17) Investigate and report to the Council on the use of various federal, state, local or private funding sources and mechanisms available to promote historic resource preservation in the city. (18) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources and provide for public participation in all aspects of the city's historic preservation programs.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.040 Designation criteria.
(A) Historic resources. Any building, structure, object or site may be designated as an historic resource if it is found by the Commission and Council to meet the following criteria:
(1) It has been in existence more than 50 years and it possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
(a) It is associated with events that have made a significant contribution to the broad patterns of our history; or
(b) It is associated with the lives of persons significant in our past; or (c) It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values; or (d) It has yielded or may be likely to yield, information important in prehistory or history. (2) It has been in existence less than 50 years; it meets the criteria of division (A)(1) above and is of exceptional importance within the appropriate historical context, local, state or national. (B) Local historic districts. Any finite group of resources (buildings, structures, objects or sites) may be designated as a local historic district if it meets the definition set forth in § 10.96.020, its designation is consented to by the majority of the property owners within the local historic district, at least 50% of the resources within the proposed local historic district are 50 years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria:

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(1) It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural heritage, or
(2) It is identified with a person or group that contributed significantly to the culture and development of the city, or
(3) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or (4) Structures within the area exemplify a particular architectural style or way of life important to the city, or
(5) The area is related to a designated historic resource or district in such a way that its preservation is essential to the integrity of the designated resource or local historic district, or (6) The area has potential for yielding information of archaeological interest. (C) National Register historic districts. The nomination of any finite group of resources (buildings, structures, objects or sites), including any local historic district, to the National Register of Historic Places as a National Register historic district may be recommended under this chapter if the nomination is supported by more than 50% of the property owners within the proposed National Register historic district.
(D) Contributors to historic districts. Any building, structure, object or site may be designated as contributor to a local historic district or a proposed National Register historic district if it contributes to the significance of the specific historic district under the criteria set forth above in this section. (Ord. 07-28, passed 12-18-2007)
§ 10.96.050 Designation process.
(A) Buildings, structures, objects, sites and districts may be considered for designation as historic resources, local historic districts or National Register historic district under this chapter as set forth in §§ 10.96.060, 10.96.070, and 10.96.080.
(B) Historic resources and districts shall be adopted by ordinance pursuant to § 10.112 (zoning amendments). In the case of historic resources, the resource shall be designated on the Official Zoning Map with the base zone district followed by the Historic Combining District notation (H). For example, a single family property that is designated historic resource shall have the notation R-1-6(H). (C) In the case of the historic districts, the boundaries of the district will be adopted by ordinance but will not be designated with the H overlay. In the historic district, all historic resources, and contributing resources shall be subject to the Historic district permit review process. (Ord. 07-28, passed 12-18-2007)
§ 10.96.060 Historic resources.
(A) Requests for designation. Designation of an historic resource may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner. The application for designation consideration shall be filed with the city, using a form approved by the Secretary and shall include the following information:
(1) The Assessor's parcel number for the property containing the building, structure, object or site proposed for designation along with the name and address of the current owner(s) of record and a copy of the deed granting title to the owner(s);
(2) Whether the proposed historic resource takes the form of a building, structure, object or site as same is defined in this chapter;

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(3) A description of the specific building, structure, object or site proposed for designation including but not limited to its dates of construction, significant alterations and architectural style; (4) The manner in which the proposed building, structure, object or site meets the criteria for designation contained in § 10.96.040;
(5) Current photographs of all aspects of the proposed historic resource, supplemented by sketches, drawings or other descriptive materials;
(6) A description of the physical condition and appearance of the proposed historic resource; (7) If the designation proposal is not being submitted by the owner, a statement acknowledging whether the owner has consented to submission of the proposal, is in opposition to the submission or has declined to state a position on the issue, however, this language shall not be interpreted as requiring owner consent to the designation of an individual resource under this section; (8) Completed California Department of Parks and Recreation Primary Record and Building, Structure and Object #523 forms for the proposed historic resource. (B) Procedural requirements in advance of hearing.
(1) The application and supporting information shall be reviewed by the Department for adequacy and completeness under the requirements of this section. A hearing on the application will be scheduled when the Department determines that the application is complete. (2) Notice of the time, place and purpose of such hearing will be mailed to the owner of the property proposed for designation at the address shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing.

The Secretary may also give such additional notices as he or she deems desirable and practicable. (3) The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition or removal of such property, and no permit to undertake such work shall be issued by the city for 90 days from the date the Department mails the notice of hearing to determine historic resource designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic resource designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate city officials of said restrictions.

Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.
(4) The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic resource, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the Building Code. (5) Prior to the Commission's hearing on the designation of the property, upon application by the property owner and/or any authorized representative, the Secretary may approve a permit for alterations, construction or reconstruction consistent with the ordinary maintenance and repair of the property, to the extent that such work does not adversely affect the exterior architectural features of the property.
(C) Commission hearing.

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(1) The Commission shall review all materials prepared and submitted and vote on the designation recommendation.
(2) At the conclusion of the hearing, the Commission shall make a recommendation to the City Council for approval, disapproval or modification of the historic designation and make findings in support of that recommendation; or the Commission may continue the hearing. (3) An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.
(4) Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Clerk. The City Clerk shall place on the agenda of the Council the Commission's recommendation for Council consideration. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.070 Local historic districts.
(A) Requests for designation. Designation of a local historic district may be initiated by the Council, the Commission, or property owners within the proposed district and shall consist of an initial, preliminary submission and, if recommended by the Commission, a subsequent, formal submission. (B) Initial application.
(1) The initial application shall be filed with the Secretary using the form(s) approved by the Secretary and shall include the following information:
(a) Proposed district boundaries.
(b) A statement of how the proposed local historic district meets the designation criteria of §10.96.040.
(2) The initial application shall be the subject of a staff report and will be scheduled for a determination by the Commission as to whether the initial application should proceed to a formal application. If the Commission so recommends, a formal application shall be developed and submitted for Commission consideration at a future meeting. If the Commission does not so recommend, no further action shall be taken with respect to the proposed local historic district. (C) Formal application. The formal application for local historic district designation consideration must have written consent by a majority of the property owners within the proposed district for the application to be considered complete. For purposes of determining whether a majority of property owners have consented, each property owner is entitled to one vote. Owners of more than one property within the proposed district are entitled to one vote per property and multiple owners of a single property are collectively entitled to one vote. A formal application shall be filed by the applicant with form(s) approved by the Secretary, which shall include the following information:
(1) A clearly defined and explained boundary for the proposed district shown on an assessor's map or maps.
(2) A concise description of the general physical or historical elements (buildings, structures, objects and sites) and qualities which make this area a local historic district with a description of building types, architectural styles and periods represented in the proposed district. (3) A concise statement that clearly documents why the proposed district has significance (areas of significance that reflect the proposed district's historic importance), the period of time for which it is significant, why it substantially meets local historic district criteria for listing as set forth in §

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10.96.040(B) and, if applicable, why it substantially meets National Register historic district criteria for listing as set forth in section § 10.96.040(C).
(4) A definition of what types of buildings contribute and do not contribute to the significance of the proposed local historic district as well as an estimate of the percentage of buildings within the proposed district that do not contribute to its significance. (5) A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing resources.
(6) Photographs of streetscapes in the proposed district and the contributing and non-contributing resources.
(7) Completed Department of Parks and Recreation #523 forms for each building, structure, object or site within the proposed local historic district which also identify the potential contributors and non-contributors to the district.
(8) Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district.
(9) The signed property owners' consent form which shall clearly indicate the name, district property address, district property parcel number and mailing address of each consenting property owner.
(D) Procedural requirements in advance of hearing.
(1) The formal application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this section. The Commission shall be responsible for determining whether the formal application has been consented to by a majority of the property owners within the proposed district as required by this chapter. A hearing on the application will be scheduled by the Secretary after it has been determined that the application is adequate and complete.
(2) A hearing notice shall be mailed to the owners of all properties within the proposal district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable. (3) No permit shall be issued by the city for the undertaking of any alteration, construction, grading, demolition or removal of any property within a proposed historic district and all property owners and/or their representatives shall be prohibited from undertaking any such work for 90 days from the date the Commission Secretary mails the initial notice of hearing to determine local historic district designation to the property owners and/or their authorized representatives. If no final action has been taken as to the proposed local historic district designation within the 90-day period, said restrictions shall be removed, unless the Commission, with the consent of the property owners and/or their authorized representatives, elects to continue its consideration of the local historic district designation. If the Commission, with the consent of the property owners and/or their authorized representatives, makes such an election, said restrictions shall remain against the properties in the proposed local historic district until final action. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.
(E) The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the local historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the Building Code.

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(F) Commission hearing.
(1) The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.
(2) Any property owner or his or her representative may make a presentation to the Commission on the issue of whether his or her property should be considered as a contributor or non-contributor to the proposed district and on the issue of whether or not the district should be formed. (3) At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval or modification of the proposal for local historic district designation; make findings in support of that recommendation; make findings on issues or concerns raised by any individual property owner; identify any property owner objecting to the inclusion of their property within the district; or the Commission may continue the hearing.
(4) An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.
(5) Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Clerk. The City Clerk shall place on the agenda of the Council the Commission's recommendation for Council consideration. The owners and/or authorized representatives of all of the properties within the proposed local historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(G) Adoption of a Preservation/District Plan. After the adoption of the designation for an historic district by the Council pursuant to §10.96.080, the applicant(s) shall have 90 days to develop a Preservation/District Plan which will set forth the manner in which the preservation objectives of the local historic district will be met. The Plan must include but is not limited to:
(1) A statement of significance which includes a description of contributing resources and significant elements.
(2) The goals and objectives of the proposed district.
(3) The means by which preservation objectives will be enforced:
(a) A proposed Design Review Committee with all conditions for formation, membership and operations specified;
(b) The Planning Commission serving as the Design Review Committee for the local historic district; or
(c) An Architectural Plan Design Review Committee with all conditions for formation, membership and operations specified.
(4) Identification of the standards and guidelines which will be applied to design review within the district.
(5) The activities regulated by the Preservation/District Plan which shall exclude activities determined exempt under this chapter.
(6) The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.080 National Register historic districts or structures.

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(A) Requests for recommendation. Recommendation to designate a local historic district or a structure to the National Register of Historic Places, may be requested by more than 50% of the property owners within such historic district or by the Commission or Council. (B) Procedural requirements in advance of hearing.
(1) An application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this chapter and the National Register of Historic Places. (2) Notice of the time, place and purpose of such hearing will be mailed to the owners of all properties within the designated local historic district or structure proposed for recommendation as a National Register Historic District at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing.

The Secretary may also give such additional notices as deemed necessary. (3) The Secretary shall prepare a staff report addressing the consequences and procedural requirements of listing a local historic district or structure on the National Register of Historic Places. (C) Commission hearing.
(1) The Commission shall review all materials prepared and submitted and may vote on the district recommendation.
(2) At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval or modification of the proposal for the National Register historic district or structure and make findings in support of that recommendation;
(3) Within 30 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Council. (4) The owners of all properties within the proposed National Register historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.090 Adoption by Council.
(A) The sole authority to declare historic resources or historic districts and to endorse local historic districts or structures to the National Register of Historic Places shall be vested in the City Council and shall be exercised only after completion of the Commission's responsibilities under the designation process set forth above in § 10.96.050.
(B) Within 30 days following receipt by the City Clerk of the Commission's recommendations or as soon thereafter as is practicable, a hearing shall be set by the Clerk and held by the City Council.

Following such hearing, the City Council shall adopt, modify or reject the designation recommended by the Commission and, in the instance of a district designation, make findings as to which properties shall be considered contributors and non-contributors to the district. In the alternative, the City Council may continue its consideration of the matter, or, in the event that new information is presented, refer the proposed designation to the Commission for further hearings, consideration or study within a period of time designated by City Council. Adoption of the designation shall be made by resolution which shall contain findings of fact as specified in § 10.96.040. (C) Within ten days of the Council's decision, notice thereof shall be mailed by the Secretary to the owner of record of each property proposed for designation at the address shown on the latest assessment roll and to such other persons that the Secretary may deem appropriate. (D) No proposal for designation once considered and disapproved by the Council shall be reconsidered except upon the affirmative vote of four Council members. Any decision to reconsider

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shall be treated as a new proposal for designation pursuant to §§ 10.96.060, 10.96.070, or 10.96.080. (Ord. 07-28, passed 12-18-2007)
§ 10.96.100 Amendment or rescission of designation.

The City Council may amend or rescind any designation of an historic resource, an historic district, a contributor to an historic district or a non-contributor to an historic district in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation or change of circumstances, conditions or factors which justified the change in designation of the resource or district. (Ord. 07-28, passed 12-18-2007)
§ 10.96.110 Local Register of Historic Resources.

Ordinances adopting designations of historic resources and local historic districts shall collectively be known as the Local Register of Historic Resources. The local register shall be kept on file with the Secretary, who shall transmit copies to the various city officers. (Ord. 07-28, passed 12-18-2007)
§ 10.96.120 Deletion of demolished, relocated or rescinded designated historic resources.

When a designated historic resource has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this chapter, the Secretary, upon notice thereof, shall cause such resource to be deleted from the Local Register of Historic Resources and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation (SHPO). Upon such deletions and such rescission, the provisions of this chapter shall not be deemed to encumber or otherwise restrict the use of such property. (Ord. 07-28, passed 12-18-2007)
§ 10.96.130 Historic resource permit review process.
(A) It shall be unlawful for any person, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct or restore any historic resource without first obtaining a city permit and the approval of the Planning Commission. (B) Upon receipt of an application or proposal for a demolition, grading, removal or building permit for any historic resource, the city department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the historic resource based on the application presented.
(C) Any application or proposal which proposes the substantial alteration of an historic resource shall also be referred to the Secretary or his or her designee for review. (D) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historic resource covered by this chapter that does not involve a change in design, materials or external appearance. (E) Nothing in this section shall be construed to prevent the Secretary from issuing a building permit if he or she determines that demolition, removal or substantial alteration of the historic resource is immediately necessary to protect the public health, safety or general welfare.

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(F) After consideration of all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal. (G) No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:
(1) The proposed work is found to be consistent with the purposes of this chapter and the Secretary of the Interior's Standards, not detrimental to the special historical, architectural or aesthetic interest or value of the historic resource; or
(2) The action proposed is necessary to correct an unsafe or dangerous condition on the property; or
(3) Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant's own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable economic beneficial use of the property or derive a reasonable economic return from the property in its current form; or (4) The site is required for a public use which will directly benefit the public health, safety and welfare and will be of more benefit to the public than the historic resource. (5) For applications for relocation of an historic resource, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural or aesthetic value of the resource and that the relocation is part of a definitive series of actions which will assure the preservation of the resource.
(H) Any finding that denial of the application or proposal will result unreasonable economic hardship to the owner, pursuant to this section, may be based on the following factors:
(1) An economic feasibility analysis conducted pursuant to this section shall include the determination of an "after-rehabilitation" value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the city. This "after-rehabilitation" value shall be determined in the following manner:
(a) The potential residential or commercial rental rate(s) which could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods.
(b) The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
(c) The appropriate capitalization rate shall be applied to the potential annual net income to determine the "after-rehabilitation" value of the property. (2) The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal. (3) The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.
(4) If the fair market value of the land, combined with the costs of rehabilitation, exceed the "after-rehabilitation" value of the property by more than 20%, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner. (I) If the Commission determines a permit should not be issued for the demolition, alteration, relocation or new construction, or the Council on appeal concurs, a new application affecting the same

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property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.
(J) The Commission shall give written notice of the decision regarding the regulated permit to the property owner/applicant and to the city. The notice shall contain the Commission's findings in support thereof.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.140 Historic district permit review process.
(A) It shall be unlawful for any person, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct or restore any property within any historic district without first obtaining a city permit and written approval of the Planning Commission.
(B) Upon receipt of an application or proposal for a demolition, grading, removal or building permit for any property within any historic district, the city department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the permit or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the property based on the application presented.
(C) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, materials or external appearance.
(D) Nothing in this section shall be construed to prevent the Planning Director from issuing a building permit if it is determined that demolition, removal or substantial alteration of a property within any historic district is immediately necessary to protect the public health, safety or general welfare. (E) After consideration of the final environmental document, all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any proposed application or permit application.
(F) No application shall be approved with modifications unless the Commission makes the following findings:
(1) For a contributor to any historic district, the proposed work is found to be consistent with the general purposes of this chapter and the Secretary of the Interior's Standards, not detrimental to the special historical, architectural or aesthetic interest or value of the Contributor or the respective historic district in general and consistent with the district's adopted design standards; or (2) For a non-contributor to any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district's adopted design standards; or
(3) For new in-fill construction within any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district's adopted design standards; or (4) The action proposed is necessary to correct an unsafe or dangerous condition on the property; or
(5) Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant's own making, which establish that there are no feasible measures that can be taken that will enable the

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property owner to make a reasonable economic beneficial use of the property or derive a reasonable economic return from the property in its current form; or (6) For applications for relocation of a contributor from any historic district, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural or aesthetic value of the resource and that the relocation is part of a definitive series of actions which will assure the preservation of the resource. (G) Any finding that denial of the permit application will result in unreasonable economic hardship to the owner, pursuant to division (F)(5) above, may be based upon the application of the following factors:
(1) An economic feasibility analysis conducted pursuant to this section shall include the determination of an "after-rehabilitation" value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the Development Services. This "afterrehabilitation" value shall be determined in the following manner:
(a) The potential residential or commercial rental rate(s) which could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods.
(b) The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
(c) The appropriate capitalization rate shall be applied to the potential annual net income to determine the "after-rehabilitation" value of the property. (2) The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal. (3) The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.
(4) If the fair market value of the land, combined with the costs of rehabilitation, exceeds the "after-rehabilitation" value of the property by more than 20%, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner. (H) A decision relating to the approval with modifications or disapproval of an application for any permit may be appealed pursuant to section § 10.96.160. (I) If the Commission determines a permit should not be issued for the demolition, alteration, relocation or new construction, or the City Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.
(J) The Secretary shall give written notice of the decision regarding the regulated permit to the property owner/applicant. The notice shall contain the Commission's findings in support thereof. (Ord. 07-28, passed 12-18-2007)
§ 10.96.150 Conditional uses.
(A) Conditional uses in the Historic Combining District shall include all uses that are conditional in the base zoning district or are listed as follows:
(1) Art and antique shops.

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(2) Art and craft schools.
(3) Art supply and hobby shops.
(4) Bed and breakfast establishments.
(5) Beauty salons and barber shops.
(6) Floral shops.
(7) Gift and souvenir stores.
(8) Meeting halls.
(9) Multi-family dwellings, not exceeding one unit per 3,000 square feet. (10) Music or dance studios.
(11) Photography studios.
(12) Offices.
(13) Restaurants.
(14) Stamp and coin stores.
(15) Shoe repair shop.
(16) Travel bureaus.
(17) Any other use deemed appropriate by the Planning Commission. (B) The above conditional uses are allowed in residential zone subject to securing a conditional use permit pursuant to Chapter 10.116.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.160 Appeal procedure.

All appeals shall be considered pursuant to Chapter 10.20. (Ord. 07-28, passed 12-18-2007)
§ 10.96.170 Finality of decision.

Any decision of the Council under this chapter shall be final. Any decision of the Commission under §§ 10.96.130 or 10.96.140 shall become final if no appeal is taken from such order or decision within the time limits prescribed by the applicable appeal provision of this chapter. No permit regulated by the provisions of this chapter shall issue, nor shall any rights vest therein, until the decision of the Commission is final or any appeal there from is disposed of in the manner prescribed by this chapter. (Ord. 07-28, passed 12-18-2007)
§ 10.96.180 Substandard buildings.
(A) The Building Official shall notify the Secretary whenever such official declares an historic resource or any structure within an historic district to be a substandard or unsafe pursuant to the California Building Code.
(B) Where any historic resource has been declared substandard and must be demolished for health and safety reasons, the Secretary shall notify the Planning Commission and cause such resource to be removed from any historic list.

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(Ord. 07-28, passed 12-18-2007)
§ 10.96.190 Advice and guidance to property owners.
(A) The Commission may render advice and guidance with respect to any proposed work not requiring a city permit on any designated historic resource or any property within any historic district. (B) Examples of work referred to above are: painting and repainting of exterior surfaces; fencing; landscaping; and, installation of lighting fixtures. In rendering such advice and guidance, the Commission shall be guided by the purposes and standards of this chapter. (Ord. 07-28, passed 12-18-2007)
§ 10.96.200 Property owned by public agencies.
(A) The Commission shall take appropriate steps to notify all public agencies and public utilities which own or may acquire property, including easements and public rights-of-way, in the city about the existence and character of designated historic resources and historic districts, and the Commission shall cause a current record of such resources and districts to be maintained with each such public agency and public utility. All such designated resources and districts shall be subject to the provisions of this chapter regardless of ownership.
(B) In the case of publicly owned properties which are not subject to the permit review procedures of the city, including this chapter, but are more than 50 years of age or are located within any historic district, the agency owning the said property is encouraged to seek the advice of the Commission prior to approval or authorization of any construction, alteration, or demolition thereon, including the use and placement of street furniture, signs, lighting, and landscaping; and, the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this chapter.

If Commission review of a public project involving construction, alteration, or demolition of any building, structure, object or site is required under any other law, the Commission may render the report referred to in this section to such public agencies without specific request therefor. (Ord. 07-28, passed 12-18-2007)
§ 10.96.210 Fire and building codes.

Issuance of a permit in conformance with this chapter shall not alter conformance requirements with the other standards and requirements of this chapter. The Planning and Building Director and the Fire Marshal shall liberally construe and apply all pertinent codes, including the State Historical Building Code and the California Building Code so as to effectuate the purposes of this chapter. (Ord. 07-28, passed 12-18-2007)
§ 10.96.220 Minimum maintenance.
(A) All designated historic resources including contributors to any historic district shall be preserved against decay and deterioration, kept in a state of good repair and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather and vandalism.
(B) Consistent with all other state and city codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects:
(1) Building elements so attached that they may fall and injure members of the public or property. (2) Deteriorated or inadequate foundation.

14.3 General Business Page 21
(3) Defective or deteriorated flooring.
(4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
(5) Members of ceilings, roofs, ceiling or roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration. (6) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration. (7) Deteriorated, crumbling or loose exterior plaster.
(8) Deteriorated or ineffective water- proofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
(9) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering. (10) Any fault, defect or deterioration in the building which renders it structurally unsafe or not properly watertight.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.230 Status of properties previously designated. (A) All historic properties previously designated under this chapter shall remain unless otherwise removed as an historic property.
(B) All existing "H" overlay properties shall be considered historic resources. (Ord. 07-28, passed 12-18-2007)
§ 10.96.240 Civil and criminal penalties.

It shall be unlawful for any person to permit or maintain violations of any of the provisions of this chapter by undertaking the alteration, grading, removal, demolition or partial demolition of an historic resource or a building, structure, object or site within an historic district without first obtaining the written approval of the Secretary, Commission or Council as provided in this chapter, or to defy any order or decision rendered by the Commission or Council. Any violations of this chapter may be enforced as provided in this code, except in the case of administrative citations issued pursuant to Chapter 1.61 of the Municipal Code. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object or site to its appearance or condition prior to the violation, under the guidance of the Development Services Department. (Ord. 07-28, passed 12-18-2007)
§ 10.96.250 Severability.

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have passed this chapter and adopted this chapter and each section, 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.
(Ord. 07-28, passed 12-18-2007)

14.3 General Business Page 22
NPS.gov (https://www.nps.gov/) / Home (https://www.nps.gov/subjects/clg/index.htm) / CLG Benefits CLG Benefits
Why Become a Certified
Local Government
Community certification opens doors to legal protection, funding, technical assistance, and other benefits related to historic preservation.

Protection: Certified Local Governments (CLGs) are all required to make a written, legal commitment to protect and designate a community's irreplaceable historic properties in accordance with State and local laws.

Funding: States receive annual appropriations from the Historic Preservation Fund
(https://www.nps.gov/subjects/historicpreservationfund/index.htm ). States are required to give at least 10% of their funding to CLGs as subgrants. These grants can fund a wide variety of projects including: surveys, National Register nominations, rehabilitation work, design guidelines, educational programs, training, structural assessments, and feasibility studies, to name a few.

Technical Assistance: As a CLG, communities have direct access to SHPO staff for assistance with their commission, building assessments, surveys and nominations, and general preservation assistance. State staff and the NPS offer regular training (https://www.nps.gov/subjects/clg/events.htm) for CLGs as well, an added benefit of the partnership. Each SHPO has a designated CLG Coordinator (https://grantsdev.cr.nps.gov/CLG_Review/search.cfm).

Sustainability: Historic preservation has proven economic, environmental, and social benefits. Studies show that historic districts maintain higher property values, less population decline, more walkability and greater sense of community.

Being a CLG demonstrates your community's commitment to saving what is important from the past for future generations. As a certified community, it becomes easy to demonstrate a readiness to take on successful preservation projects, making your community able to compete for new opportunities!
National Park Service
Certified Local Governments

14.3 General Business Page 23
Local Preservation Tools
Local preservation is the most powerful expression of a community’s history—a history that is felt, seen, and heard every day by its citizens and visitors. Preservation efforts help define the community’s identity and the way that people live in the community.

Preservation ensures that the special places that tell the stories of a community’s past and present are used, revitalized, and carefully tended for the future. Well-planned and implemented local preservation work results in economic, social, and environmental benefits that can transform communities into more prosperous, healthier places to live, work, and grow.

The National Park Service provides information about preservation planning, heritage tourism development, training for local preservation commissions, historic resource surveys and technologies, documenting and designating local resources, and preservation laws, regulations, and standards
Below are some examples of what Certified Local Governments (CLGs) have been able to produce with Historic Preservation Fund (HPF) assistance. Using HPF funds for their local projects, CLGs across the country have produced a wide variety of products to encourage stewardship of historic resources, raise public awareness for local historic landmarks, and prioritize specific preservation projects within their jurisdictions. Projects have included preservation newsletters, documentary movies, publically available brochures, local government websites, historic structure reports, local historic resource inventories, preservation guidelines, and multi-year historic preservation plans.

The links below connect to the NPS Integrated Resource Management Applications Portal (IRMA). The IRMA Portal is a webbased "one-stop" for data and information related to NPS natural and cultural resources. From IRMA you can search for, view, and download documents, reports, publications, and data sets in just a few clicks! Check out the links to IRMA below to see some of the things your local community could produce as a CLG! Certified Local Government Products
Historic Preservation Fund Projects
City of Lincoln - Lancaster County Historic Preservation Sites and Districts (https://irma.nps.gov/DataStore/Reference/Profile/2274171). Nebraska State Historical Society; Historic Preservation - Planning Department, City of Lincoln Haywood Heritage Foundation: Preserving Heritage - Revitalizing for the Future (https://irma.nps.gov/DataStore/Reference/Profile/2277906). Tennessee Historical Commission; Haywood Heritage Foundation

14.3 General Business Page 24
Mills Act Program
Read This First!
The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners. The Mills Act Program is administered and implemented by local governments. Mills Act contracts are between the property owner and the local government granting the tax abatement. The Office of Historic Preservation is not a signatory to Mills Act contracts.

Each local government establishes their own criteria and determines how many contracts they will allow in their jurisdiction. For answers to specific questions such as local eligibility criteria, application procedures, and contract terms, contact the city or county official for your jurisdiction.

Mills Act Questions and Answers
Mills Act Contacts List
You are Important to the Community
Does your local government participate in the Mills Act Program? If so, the Office of Historic Preservation invites you to join the Mills Act community!
We are updating and expanding our list of local governments with a Mills Act program, and we need your help to ensure that the list is as complete as possible. The Mills Act Contacts List will be available for homeowners and others seeking to determine if their community participates in the Mills Act program and who within their local government is the program contact. Mills Act communities throughout California also will be able to use the list to connect with each other and share insights and best practices about the program.

To add or update your information in the contacts list, please fill out the Mills Act Contact Information Form. Email the completed form to [email protected]. Include "Mills Act Contact Information" in your Subject line.

Not sure if you are already on the list or if your information is current? Check our current Mills Act Contacts List. The list is updated weekly, as needed.

Mills Act Questions and Answers
Q: What is the Mills Act Program?
A: Economic incentives foster the preservation of residential neighborhoods and the revitalization of downtown commercial districts. The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners. Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) the authority to enter into contracts with owners of qualified historic properties who actively     
 

14.3 General Business Page 25
participate in the restoration and maintenance of their historic properties while receiving property tax relief. California State Codes Relating to the Mills Act include the following:

California Government Code, Article 12, Sections 50280 - 50290 California Revenue and Taxation Code, Article 1.9, Sections 439 – 439.4 Q: My property or a property I am considering buying is already under a Mills Act contract. What does that mean to me as a property owner?
A: Mills Act contracts are for 10 years initially with automatic yearly extensions and stay with the property when transferred.

Subsequent owners are bound by the contract and have the same rights and obligations as the original owner who entered into the contract. Because the local government and the property owner negotiate other specific terms of the contract, you need to contact your local government to determine the rights and obligations a Mills Act contract creates.

Mills Act Contacts
Q: How are tax assessments determined for properties under the Mills Act? A: The State Board of Equalization has provided guidelines for county assessors for use in assessing properties under the Mills Act.

Board of Equalization Guidelines
Q: Does my property qualify for the Mills Act Program?
A: First, find out if your local government participates in the program. Use the Mills Act Contacts list to find out if your local government participates in the Mills Act Program, what the local criteria are, and what the process is for applying.

Q: No, my local government does not currently participate. Now what do I do? A: Contact the Planning Department or Community Development Department of your local government and ask them to consider adopting the Mills Act Program.

Q: How does the Mills Act benefit Local Governments?
A: The Mills Act allows local governments to design preservation programs to accommodate specific community needs and priorities for rehabilitating entire neighborhoods, encouraging seismic safety programs, contributing to affordable housing, promoting heritage tourism, or fostering pride of ownership. Local governments have adopted the Mills Act because they recognize the economic benefits of conserving resources and reinvestment as well as the important role historic preservation can play in revitalizing older areas, creating cultural tourism, building civic pride, and retaining the sense of place and continuity with the community’s past.

A formal agreement, generally known as a Mills Act or Historical Property Contract, is executed between the local government and the property owner for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold. Property owners agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and conditions identified in the contract. Periodic inspections by city or county officials ensure proper maintenance of the property. Local authorities may impose penalties for breach of contract or failure to protect the historic property. The contract is binding to all owners during the contract period.

Q: How does the Mills Act benefit Owners of Historical Properties? A: Owners of historic buildings may qualify for property tax relief if they pledge to rehabilitate and maintain the historical and architectural character of their properties for at least a ten-year period. The Mills Act program is especially beneficial for recent buyers of historic properties and for current owners of historic buildings who have made major improvements to their properties.

Mills Act participants may realize substantial property tax savings each year for their properties because valuations of properties     


14.3 General Business Page 26
under a Mills Act contract are determined by the Income Approach to Value rather than by the standard Market Approach to Value. The income approach, divided by a capitalization rate, determines the assessed value of the property. In general, the income of a residential property is based on comparable rents for similar properties in the area, while the income amount on a commercial property is based on actual rent received. Because rental values vary from area to area, actual property savings vary around the state. It is important to note that because County Assessors are required to assess all properties annually, Mills Act properties may see slight fluctuation in property taxes each year.

Q: What is a Qualified Historical Property?
A: A qualified historical property, as defined in the state statute:
“Qualified historical property” for purposes of this article, means privately owned property which is not exempt from property taxation and which meets either of the following:
(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations.
(b) Listed in any state, city, county, or city and county official register of historical or archtecturally significant sites, places, or landmarks.
(Added by Stats. 1985, Ch. 965, Sec. 2.)
Q: What is OHP’s role in the Mills Act program?
A: OHP provides Mills Act information to local governments and uses information provided by local governments to maintain a list of communities participating in the Mills Act program as well as copies of Mills Act ordinances, resolutions, and contracts that have been adopted. OHP does not participate in the contract negotiations, is not a signatory to the contract and has no authority over the administration of the Mills Act program.

Q: Where can I get more information?
A: Contact your local government for answers to specific qestions about the program in your community. Additional information is available from the Board of Equalization and California Government Code, Article 12, Sections 50280 - 50290.

Related Pages
Staff Contact
Shannon Lauchner Pries
Supervisor, Local Government & Environmental Compliance Unit, Certified Local Government (CLG) Coordinator
[email protected]
 Architectural Review
Certified California Tax Incentive Projects 
Certified Districts 
 Federal Historic Preservation Tax Incentives Program
Federal Tax Deductions - Easements 
State Historic Rehabilitation Tax Credit 
State Historical Building Code (SHBC) 
 Federal Historic Preservation Tax Credits Benefit California Mills Act Contacts 
    


14.3 General Business Page 27
Office of Historic Preservation
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Follow Us
   
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14.3 General Business Page 28
Requirements
(Excerpt from Appendix G, Certified Local Government Application and Procedures, August 1999, pp 41-47.)
Local governments may be certified to participate in the CLG program by complying with the following requirements:

I Enforce appropriate state or local legislation for the designation and protection of historic properties:

A. State enabling legislation provides for local jurisdictions to enact appropriate historic preservation legislation. California Government Code Sections 65850, 25373, and 37361 enable city and county legislative bodies to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value.” B. Local governments must adopt local historic preservation ordinances with provisions to enforce the designation and protection of historic and archeological resources.

C. The local legislation shall be consistent with the intent and purpose of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470).

D. The CLG will adopt a historic preservation plan or a historic preservation element for the local jurisdiction's General Plan, as authorized by the California Government Code, prior to or upon applying for a CLG grant.

E. The CLG commission will participate in the environmental review of specific federally sponsored projects, such as community development programs involving HUD Block Grant funds unless it is determined by OHP that the necessary expertise is not available to the local government. The CLG will establish programmatic agreements with the state agreeing to ensure compliance with Section 106 provisions of the NHPA.

F. The CLG commission will participate in the environment review of local projects in accordance with the requirements under the California Environmental Quality Act (CEQA). The commission may review and comment on permit actions affecting significant listed historic properties and other resources eligible for listing, in accordance with local ordinance requirements and with CEQA. Procedural guidelines should include standards for demolition stays, design review criteria, anti-neglect requirements, and appeal strategies.

II Establish an adequate and qualified historic preservation review commission by local law:

A. The commission shall include a minimum membership of five (5) individuals with all members having demonstrated interest, competence, or knowledge in historic preservation.

B. At least two (2) Commission members are encouraged to be appointed from among professionals in the disciplines of history, architecture, architectural

14.3 General Business Page 29
history, planning, pre-historic and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community. Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation.

C. A local government may be certified without the minimum number or types of disciplines established in state procedures if it can be demonstrated to the satisfaction of the state that it has made a reasonable effort to fill those positions, or that some alternative composition of the commission best meets the needs of the protection of historic properties in the local community.

D. Commission members shall be appointed by the chief elected local official, city council, or board of supervisors consistent with the provisions of the preservation ordinance. The appointing authority shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The appointing authority shall also act within sixty (60) days to fill a vacancy. Terms of office of the commission members shall be according to the local preservation ordinance.

E. The commission shall meet at least four times a year, with meetings held in a public place, advertised in advance, and open to the public, pursuant to the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings.

Written minutes of commission meetings shall be kept on file, available for public inspection, and submitted to the state as a part of the CLG Annual Report.

F. Each commission member is required to attend at least one informational or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the commission and would be approvable by the state. The CLG Regional Workshops sponsored by the OHP are important sources of information. The annual State Historic Preservation Conference generally provides special sessions devoted to the issues, objectives, and responsibilities of commissions. Commissions may also bring in professionals to provide training on site.

G. An annual report of the activities of the commission shall be submitted to the state at the end of each calendar year. The reports shall include, but not be limited to, such information as narrative summary of accomplishments, summaries of new and corrected survey activities, number of properties designated under local ordinance in relation to inventory for community, summaries of National Register applications reviewed, summaries of historical contexts prepared, number of federal tax certifications reviewed, number of properties on which design review was held, number of properties on which environmental project reviews were conducted, property owners of Mills Act contracts approved, summarization of local preservation activities, list of local landmark designations, description of public education activities, lists of commission members and resumes, list of staff and resumes, detailed listing of commission and staff training received, commission attendance 2 14.3 General Business Page 30
records, summary of changes in preservation laws, summary of adoption or updates of historic preservation plan or historic preservation element of your community's General Plan, commission meeting minutes and agendas, and other pertinent activities performed by the commission.

III Maintain a system for the survey and inventory of historic properties:

The CLG shall be responsible for organizing, developing, and administering an inventory of cultural resources within the entire spatial jurisdiction of the CLG.

A. The commission shall develop procedures for conducting an inventory of culture resources. Survey activities shall be coordinated with and complementary to the state program to ensure that survey results produced by the CLG will be readily integrated into the statewide comprehensive historic preservation planning process.

1. The CLG shall be responsible for overseeing the compiling, recording, and updating of inventory information on cultural resources within its jurisdiction. The information shall be based on comprehensive surveys conducted in conformance with state survey standards and procedures.

Surveys completed prior to the certification of a local government may be re-evaluated in accordance with state standards and may be submitted for inclusion in the State database.

2. As part of any ongoing survey effort, procedural requirements must allow for periodic update of survey results as buildings gain maturity and as new areas are incorporated or annexed by the CLG.

3. The commission must adopt state guidelines for conducting its inventory of historic properties. State-approved inventory forms (DPR-523, A-L) and the OHP's Instructions For Recording Historical Resources shall be used to facilitate integration into the state electronic data system and for statewide comprehensive historic preservation planning purposes. Dimitri software is available for the DPR 523 forms.

4. Standards for the evaluation of properties must be consistent with the National Register of Historic Places criteria.

A. The commission shall establish internal procedures to facilitate the use of survey results in the planning process by the CLG officials and departments.

The commission shall submit survey results to the local government for adoption, then forward to OHP. Copies of the survey should be on deposit at the local planning department, building and safety office, public works department, and redevelopment agency. Libraries, colleges, and historical societies should also receive copies. OHP will make copies available for the appropriate “California Historical Resources Information System” regional center. See IV(A)(2) below for public access requirements.

IV Provide for adequate public participation in the local historic preservation program:

A The CLG shall provide opportunities for public participation in all responsibilities delegated to the CLG, in accordance with appropriate regulations, standards, and guidelines.
3 14.3 General Business Page 31

1. Public participation shall be fully encouraged at local commission meetings. Commission meetings shall be open to the public, with published agenda and minutes in accordance with the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings. The published agenda shall be mailed in advance of meetings to individuals and citizen organizations interested in the commission’s activities.

2. Public participation shall be fully encouraged in the performance of the historic survey program at all levels of responsibility to identify and inventory significant cultural resources in the jurisdiction of the CLG. The public can serve as volunteers to assist in the survey effort. Survey results shall be of public record and on file at a public institution, except in the case of sensitive resources, e.g., archeological sites subject to vandalism.

3. Public participation shall be fully encouraged in the nomination process for the National Register of Historic Places program. The CLG shall invite comments from the general public regarding National Register nominations.

4. Public participation shall be fully encouraged in all public hearings on projects related to CEQA and Section 106 processes.

V Satisfactorily perform the responsibilities delegated to the CLG:

A. The CLG shall prepare a comprehensive local historic preservation plan which would identify preservation missions, goals, and priorities. The plan would also establish preservation strategies, programs, and time schedules.

B. The CLG will participate in the review and comment on historic preservation certification applications for tax incentives. The CLG and state may establish procedures for implementation of the investment tax credit program at the local level in conformance with the Secretary of the Interior's Standards for Historic Preservation.

C. Each CLG must have a local historic preservation plan prior to or upon becoming a CLG before any additional grant applications will be considered.

The state shall monitor and evaluate the performance of the CLG for consistency with the identification, evaluation, and preservation priorities of the comprehensive state historic preservation planning process.

1. Annual Review of CLGs:

The State shall conduct an annual review of CLGs to assure that each government continues to meet the minimal requirements and is satisfactorily performing its responsibilities. As part of this review, the state shall examine the annual reports submitted by the CLGs, records of the administration of funds allocated from the HPF, and other documents as necessary. The CLG shall make these records available to the state.

A more thorough review and site visit to the Certified Local Government will occur at least once every three (3) years.

2. Procedures for Decertification:

If the state evaluation indicates that the CLG no longer meets the minimal requirements or that in any other way a CLG's performance is not 4 14.3 General Business Page 32
satisfactory, the state shall document that assessment and recommend to the local government steps to bring its performance up to a satisfactory level. The CLG shall have a period of not less than 30 nor more than 180 days to implement improvements; If the state determines that sufficient improvement has not occurred, the state shall decertify the local government, citing specific reasons for the decertification. Performance shall be deemed unsatisfactory if one or more of the following conditions exist or is applicable: a) the commission fails to perform its delegated responsibilities within established time periods; b) the CLG fails to coordinate its responsibilities with the state; c) the commission substantially fails to maintain consistency of its design review decisions with the Secretary's Standards for Historic Preservation; d) the CLG fails to maintain a qualified historic preservation review commission membership; e) the CLG fails to enforce the provisions of the local preservation ordinance; f) the CLG fails to enforce its CEQA and Section 106 responsibilities; g) the CLG fails to adequately survey historical resources in its jurisdiction; and h) the CLG fails to comply adequately with proper fiscal management of HPF grants in accordance with the National Register Programs Guideline, OMB Circular A-128, and 43 CFR 12.

3. Decertification Appeal:

If the state recommends decertification, the local government may appeal to the NPS. The NPS has 45 days to respond to the appeal.

4. Decertification Without Prejudice:

CLGs may petition the OHP to be decertified voluntarily and without prejudice.

5. Financial Assistance Close-out:

The state shall conduct financial assistance close-out procedures pursuant to the National Register Program Guideline when a local government is decertified.

VI The CLG shall assume certain responsibilities for reviewing and recommending properties within its jurisdiction to the National Register of Historic Places.

A. The SHPO shall have the sole responsibility of nominating National Register properties directly to the Secretary of the Interior (Secretary).

B. The CLG shall establish local procedures for the National Register nomination process consistent with the requirements in the NHPA, Section 101(c)(2).

1. Before a property within the jurisdiction of a CLG may be considered by the state to be nominated to the National Register, the state shall notify the owner, the applicable chief elected local official, and the local historic preservation commission. The commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty (60) days of notice from the state, the chief elected local official shall transmit the report of the commission and his/her recommendation to the state. After receipt of such report and recommendation, or if no such report and recommendation are received within sixty (60) days, the state 5 14.3 General Business Page 33
shall process the National Register nomination. The state may expedite such process with the concurrence of the CLG.

2. If both the commission and the chief elected local official recommend that a property not be nominated to the National Register, the state shall take no further action, unless within thirty (30) days of the receipt of such recommendation by the state, an appeal is filed with the state. If such an appeal is filed, the state shall follow the procedure for making a nomination pursuant to Section 101(a). Any report and recommendations made under this section shall be included with any nomination submitted by the state to the Secretary.

VII By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG. Local governments may be certified to participate in specific program activities under Programmatic Agreements.

A. The CLG may develop educational programs promoting historic preservation at the local level such as, but not limited to, sponsorship of preservation workshops, publication of preservation information, organizing preservation fairs, conducting walking tours, preparing preservation curricula for schools, etc.

B. Commission members may act in an advisory capacity to other officials and departments within the local government and act as a liaison on behalf of the CLG to individuals and organizations concerned with historic preservation issues at the local level.

C. The CLG may participate in the Mills Act program or other economic incentive programs to provide property-tax relief for owners of historic properties.

D. The CLG may participate in the Marks Historical Rehabilitation Act for issuance of tax-exempt industrial development bonds, providing that the commission shall serve as a part of the required citizen advisory board.

E. The CLG may assume certain responsibilities of recommending National Register of Historic Places properties, identified in the CLG jurisdiction, directly to the State Historical Resources Commission.

F. By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG.
6 14.3 General Business Page 34
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING IMPLEMENTATION OF A HISTORIC PRESERVATION PLANNING

PROGRAM WITHIN THE CITY OF TULARE
WHEREAS, the Tulare City Council at a regular meeting on October 1, 2024, held a public hearing, received public testimony and considered a request by the City’s Community Development Director and representatives of the City’s Historic Preservation Ad Hoc Advisory Committee to begin implementation of a historic preservation planning program within the City of Tulare, beginning with properties in the city’s Downtown; and WHEREAS, on September 9, 2024, the City of Tulare Planning Commission voted 5-0 to recommend to the City Council approval of the tools and next steps required to implement a historic preservation planning program within the City of Tulare; and WHEREAS, the proposed request is not considered a project in and of itself pursuant to Public Resources Code Section 21065 and is therefore exempt from the California Environmental Quality Act (CEQA), in addition, the proposed request is also exempt from CEQA pursuant to CEQA Guidelines Article 18 Section 15262.

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

Section 1. Establish a local register of historic resources, with participating properties being reviewed by the Planning Commission and ultimately approved by Council, then designated with an “H” designation/historic overlay in the City’s Zoning Map, noting the property is subject to Chapter 10.96 of the City’s Zoning Ordinance and Municipal Code.

Section 2. Direct staff to explore and work on an application for the City of Tulare to become a Certified Local Government (CLG) through the California Office of Historic Preservation (OHP).

Section 3. Direct staff to work with OHP to ensure the City can participate with interested property owners on a voluntary basis in the Mills Act Property Tax Abatement Program.

Section 4. Direct staff to review the existing Historic Preservation Ordinance (TMC 10.96) for any recommended revisions needed that have been learned about during program implementation.

Section 5. Direct staff to research the creation of a revolving loan fund for historic rehabilitation to be financed through available grant programs, as well as privatepublic partnerships, and how these programs have worked in other locations that have implemented them, and report back on the potential of establishing such a program in Tulare.

14.3 General Business Page 35
Resolution 2024-XX

Page 2 ends

Section 6. Recommend the inclusion of a Historic Preservation Element in the next update to the City’s General Plan.

PASSED, APPROVED, AND ADOPTED by the Council of the City of Tulare this 1st day of October 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

14.3 General Business Page 36
Staff Report
Meeting: City Council
Date: October 1, 2024
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Letter of Intent for Sister City Agreement

RECOMMENDED ACTION
Consider the letter received from Armando Reyna, mayor of Tecomán, Colima, Mexico and provide direction to staff thereto.

SUMMARY
On August 28, 2024, the City Clerk’s Officer received a letter addressed to Mayor Sayre regarding the interest of a group of residents and the next government of the city and municipality of Tecoman, Colima, Mexico to form a relationship with the City of Tulare through the Sister Cities Program. The letter has been provided to the Council and is attached as part of this staff report.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Letter of Intent for Sister City Agreement
Reviewed/Approved: JM
Item #: 14.4
General Business

14.4 General Business Page 1

ARTIANDO
REYNA

RECEIVED
AUO 21 202tr

CITY CLERKS OFFICE

CITY OF TULARE
coN ESpERANZA,
iSIGAMOS TR.ANSFORMI\NDO!
r PRESIDENTE ELECTO T
2024-2027
Tecomdn, Colima; a27 de agosto de2024'

LETTER OF INTENT FOR SISTER CITY AGREEMENT
MRS. TERRY A. SAYRE
Mayor of Tulare
In sending you a cordial greeting, I am pleased to express the interest ofa group.ofresidents and the next government of the city and municipality of Tecom6n, Colima, Mexico; to twin with the city that you so worthily preside.

It is our interest to know and have the experience of Tulare in cultural, economic, tourist, social, emergency management and projects that result in benefits for its inhabitants.

A large part of the interest in twinning with your city is due to the large number of people from Teoom6n who live in Tulare County, for which I would like to give you an overview of our municipality.

Is a munieipality located in the state of Colima, being the head of the homonymous county' It is located in the Tecorn6n valley, which is called the World Capital of Lemon.

Tecom6n, being the fourth most populated city in the state, together with the municipality of Arnrerfa, make up the metropolitan area of Tecom6n, which had around 143,937 inhabitants in2020.

The main economic activities in the area are agriculture (mechanized production of lemon, coconuts, tamarind, mango and bananas), livestock (breeding and fattening of cattle, pigs, sheep, goats and beekeeping).
industrial (citrus processing and industrial processes) and mining (exploitation of dolomite, silver and limestone).

14.4 General Business Page 2
4 ARMAI{DO coN ESPERANZA,
isrcAMos TRANSFORMANDO!
r pnEStDENTE ELECTO r
2024-2027
ln the eastem part of the municipality there are lands suitable for continuous and mechanized agriculture, favored by rainfall and with infrastructure works for irigation, which allows for the cultivation of various crops such as lemon and banana.

The area with its tax, promotion, infrastructure and services policies has attracted various multinational companies, which have established factories. In much of the urban sector of the municipality there are areas exclusively for industrial use. There is an industrial conidor located throughout the northwest area of the city, its surroundings have qualified labor and a developed infrastructure for communication, transportation and services. Among the companies with plants located in Tecom6n are: Holcim Ltd-Apasco, Coca-Cola, Dupont, United Gypsum Company, Hi-Tech Irrigation, Citrojugo S.A. Danisco, YAZAKI among others.

Throughout the south of the municipality there are lands suitable for supporting vegetation other than grassland, where grazing activities are carried out.

Tecom6n has a House of Culture in the municipal capital. It has a small museum of preColumbian ceramics attached to it; various activities are taught there such as folkloric, scenic and Hawaiian dance; there are also singing, drawing and piano classes, among others. It also has a library where young people can make use of the different bibliographies and computers with Internet.

On one side is the sculpture called The Tree of Life or The Lemon Tree, designed by the famous sculptor Sebasti6n; it is now considered a postmodern emblem of the city which welcomes every visitor who comes to this municipality, but it also represents the effort of the lemon producers to maintain the title that this city has rightfully eamed as "The capital of the lemon'0.

Tecom6n is the second most visited municipality by national and foreign tourists, due to its proximity to the Port of Manzanillo, making it an alternative destination to sample the excellent seafood cuisine offered by the traditional "ramadas" along the Tecoman coast.

14.4 General Business Page 3
AR}IANDO
REYNA coN ESPERANZA,
iS|GAMOS TRANSFORMANDO!
r pnESIDENTE ELECTO
- 2024-2027
Among the most popular tourist sites are: "El Real" Beach, located l0 km south of Tecom6n; it has open sea and deep waters that facilitate surfing; "Boca de Pascuales" Beach, located 12 km from the city of Tecomdn, also open sea, its deep blue waters and strong waves make it equally suitable for surfing.

These two places are also typical and traditional for their seafood establishments, which have the peculiarly tropical roofs of palapas (known in the area as "ramadas"), where you can enjoy delicious dishes based on seafood, such as: shrimp in garlic sauce,.stuffed fish fillet, iguana broth, fish'oa la Talla", fish o'zarandeado", ceviche, mollos, breaded shrimp, crab in garlic sauce, grilled bean tacos, cocad4 lemon stuffed with coconut, mango in honey, coconut with gin, tuba and tejuino.

At the junction where the Fernando Moreno Pefla northern bypass and the Rubdn Tello Gonzfilezsouthern bypass converge, there is the Los Tlalchichis roundabout, popularly called "Perritos Colimotes", a breed of pre-Hispanic dogs native to the state of Colima. The monumental work was carried out by the Jalisco master-craftsman Guillermo Rios Alcali, the work is part of the state's pre-Hispanic identity that was dissovered in a shaft tomb and belongs to the "Comala phase" of the year 300 BC.

The sculpture represents the transition of power; the transmission of knowledge from the big dog to its puppy.

Awaiting your cordial response, I remain at your esteemed orders.

Tecomin, Colima; a27 de agosto de2024.

ARMANDO REYNA MAGAftA
MAYOR
I3-32s-8769
[email protected]

14.4 General Business Page 4

Tulare City CouncilOctober 1, 2024

Tulare City Council
October 1, 2024