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City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, December 3, 2024 491 North M Street, Tulare CA 93274 6:30 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.
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.
Members of the public may attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849 during Public Comment. 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.
Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
A person desiring to address the City Council is encouraged to complete a public comment card and provide to the city clerk prior to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Council. Depending upon the extent of the agenda and number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When invited by the mayor to speak, please approach the lectern and begin your comments by stating your name and city of residence.
• All remarks shall be addressed to the Council as a body and not to any member thereof. • No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor.
• No question shall be asked of a councilmember or a member of City staff except through the mayor.
• Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comment. • No person shall engage in disorderly or boisterous conduct which disturb, disrupt, impede, or otherwise render the orderly conduct of the meeting infeasible. Persons engaging in such conduct may be subject to ejection of the meeting pursuant to Government Code Sections 54954.3 and 54957.95.
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.
City of Tulare YouTube Channel: https://www.youtube.com/@cityoftulare3805 Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov. Copies are also available for public inspection at the City Clerk’s Office located at City Hall, 411 E. Kern Avenue, Second Floor, during normal business hours.
Councilmembers
Terry A. Sayre, Mayor
Patrick Isherwood, Vice Mayor
Jose Sigala
Stephen C. Harrell
Dennis A. Mederos
City Council Meeting Agenda Tuesday, December 3, 2024
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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 Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Manager Mondell, City Attorney Zamora, Assistant City Manager McDonnell, Human Resources Director Oneal
Employee Organization(s): Tulare Police Officers Union (TPOU) Unrepresented Employee(s): Fire Division Chief Group; Police Management Group
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 - Micah Thiesen, Senior Pastor of Evangelical Free Church, 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 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.
10. 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.
11. COUNCIL REPORTS AND ITEMS OF INTEREST
6:30 p.m. Special Meeting
City Council Meeting Agenda Tuesday, December 3, 2024
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12. 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.
12.1 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.
12.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of November 19, 2024. [M. Hermann]
12.3 Condition and Risk Assessment of Downtown Sewer Collection System.
Recommended Action: Authorize the City Manager or designee to execute a task amendment to the existing Utility Master Plan contract with Carollo Engineers, Inc. to complete a Condition and Risk Assessment of the Downtown Sewer Collection System in the amount of $226,400. [T. Whitfield]
12.4 Monthly Investments Report.
Recommended Action: Accept the monthly investments report for October 2024. [D. Thiesen]
13. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by 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.
13.1 Declaring City-owned Property as Surplus.
Recommended Action: Adopt a resolution declaring two parcels of City-owned property totaling approximately five acres located between K Street and Highway 99 just south of Commercial Avenue in Tulare, CA (APN’s: 191-350-010; 191-350-017) as surplus in accordance with Government Code Section 65402. [T. Myers]
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 Amend Chapter 7.09, Wells, of the Tulare Municipal Code.
Recommended Action: Pass-to-print an ordinance amending Chapter 7.09, Wells, to the City of Tulare Municipal Code. [T. Whitfield]
14.2 Cost Reimbursement for Parades and Events.
Recommended Action: Provide direction to staff regarding cost reimbursement for parades and events in which the City expends funds. [M. Anaya]
15. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY
15.1 Annual ROPS and Administrative Budget.
Recommended Action: Adopt a resolution approving and adopting the Recognized Obligation Payment Schedule (“ROPS”) for the July 1, 2025 through June 30, 2026 period and the Fiscal Year 2025-26 Administrative Budget. [M. Gaboardi]
City Council Meeting Agenda Tuesday, December 3, 2024
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16. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL
17. FUTURE AGENDA ITEMS - NONE SUBMITTED
18. STAFF UPDATES
19. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 17, 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: Wednesday, November 27, 2024 Melissa Hermann, Chief Deputy City Clerk
OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: December 3, 2024 Agenda Memo
Date: November 27, 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.
6:30 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 Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Manager Mondell, City Attorney Zamora, Assistant City Manager McDonnell, Human Resources Director Oneal
Employee Organization(s): Tulare Police Officers Union (TPOU) Unrepresented Employee(s): Fire Division Chief Group; Police Management Group
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 - Micah Thiesen, Senior Pastor of Evangelical Free Church, 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 Tulare City Council Page 2
Agenda Memo - December 3, 2024
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 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. 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. [Time Estimate: 7:20 p.m.]
11. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20 p.m.]
12. 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. [Time Estimate: 7:25 p.m.]
12.1 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.
12.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of November 19, 2024. [M. Hermann]
12.3 Condition and Risk Assessment of Downtown Sewer Collection System.
Recommended Action: Authorize the City Manager or designee to execute a task amendment to the existing Utility Master Plan contract with Carollo Engineers, Inc. to complete a Condition and Risk Assessment of the Downtown Sewer Collection System in the amount of $226,400. [T. Whitfield]
Summary: On October 6, 2022, the Board of Public Utilities awarded a contract to Carollo Engineers, Inc. of Fresno, CA for the preparation of the City’s Water, Sanitary Sewer and Storm Drain Master Plans. The Master Plans were recently accepted by both the Board and City Council. While they provide a basic framework for understanding and planning for necessary infrastructure improvements to address system deficiencies and accommodate future growth, it is often necessary to supplement the Master Plans with focused studies to refine design parameters as additional information regarding proposed development becomes available.
With all of the new projects and renewed interest in redeveloping downtown, staff asked Carollo to prepare a scope of services to perform a condition and risk assessment of the City’s downtown gravity sewer mains. While the master plans did provide recommendations for capacity improvements, a visual inspection and risk assessment is still needed to determine the existing conditions of the sewer facilities downtown. The scope of work and fee proposal includes the following:
1. Meetings/Workshops/Project Management
2. CCTV (closed circuit television) Inspection of the gravity mains
3. Development of the risk assessment and recommended improvements Tulare City Council Page 3
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4. Development of a rehabilitation and replacement (R&R) program
5. Technical Memorandum summarizing the work and recommendations
6. Inspection Contingency of $30,000 to account for any unforeseen conditions during inspection or any additional inspections that may be needed The knowledge and understanding of the City’s sewer system and downtown infrastructure gained by Carollo Engineers, Inc. through their preparation of the City Master Plans makes them uniquely equipped to prepare the condition and risk assessment in the most cost-effective and timely manner. In accordance with the attached Scope of Services and Fee Proposal, Carollo Engineers, Inc. is requesting $226,400 to complete the condition and risk assessment.
Fiscal Impact & Funding Source(s): The costs associated with the proposed task amendment would be charged to the following sources:
1. ARPA Program Funds $90,000
2. City Manager’s Office – Professional Services $68,200 (001-4110-2017)
3. Fund 015 – Sewer Operating – Professional Services $68,200 (015-4651-2017)
Due to the combined funding sources from ARPA, General Fund and the Sewer Enterprise Fund, this item will also be taken to the December 5, 2024 Board of Public Utilities meeting for approval.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes - No impact; 2) Deny - The Council can reject the proposal received from Carollo Engineers, Inc. and direct staff to seek proposals from other consultants. Staff anticipates that this would result in substantially higher costs due to the additional work required for another consultant to collect the necessary background information on the City’s downtown gravity sewer collection system; or 3) Table - Delaying the preparation of the condition and risk assessment of the downtown gravity sewer collection system could possibly delay and adversely impact potential development projects in the downtown.
12.4 Monthly Investments Report.
Recommended Action: Accept the monthly investments report for October 2024. [D. Thiesen] Summary: The investments report for October 2024 is submitted for Council review and acceptance.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
13. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by 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. [Time Estimate: 7:30 p.m.] Tulare City Council Page 4
Agenda Memo - December 3, 2024
13.1 Declaring City-owned Property as Surplus.
Recommended Action: Adopt a resolution declaring two parcels of City-owned property totaling approximately five acres located between K Street and Highway 99 just south of Commercial Avenue in Tulare, CA (APN’s: 191-350-010; 191-350-017) as surplus in accordance with Government Code Section 65402. [T. Myers] Summary: The City owns two parcels of land located between K Street and Highway 99 just south of Commercial Avenue. The City has received interest from Knight Transportation, the owner of surrounding properties to purchase the five acres of City-owned property to expand their current trucking operations.
As of January 1, 2021, the California Housing and Community Development Department (HCD) was required to begin enforcing guidelines of the California Surplus Land Act (SLA), which includes the process for declaring City owned property as surplus, reviewing each jurisdiction’s notices of availability sent, negotiations conducted with any responding entities and review of written findings of the local agency.
To begin negotiating the purchase of the parcels, the City must first declare the land surplus and submit a Notice of Availability (NOA) to all required government agencies and housing sponsors. The City may begin negotiating with Knight Transportation if no notified party contacts the City during the sixty-day NOA response period.
The following is a summary of surplus property requirements:
a. “Surplus land” means land owned by the city in fee that the City Council declares, at a regular meeting, as surplus and not necessary for the “agency’s use.” Gov. Code 54221(b)(1).
b. Surplus property rules do not apply to “exempt surplus land,” which is defined in Gov.
Code § 54221(f)(1). One type of exempt surplus property is land that is less than five thousand (5,000) square feet in size, (ii) less than the minimum legal residential building lots size within the City, or five thousand (5,000) square feet in area, whichever is less, or (iii) has no record access and is less than ten thousand (10,000) square feet in area; and is not contiguous to land owned by the state or local agency that is used for openspace or low- and moderate-income housing. c. Prior to disposing of or participating in negotiations to dispose of surplus property, the City must provide a written notice of availability to all specified agencies and entities having jurisdiction over the following: development of low- and moderate-income housing, open space, and school facilities construction or school district open space.
Gov. Code § 54222.
d. A notice sent to housing entities must be sent to any public entity (defined in H&S Code § 50079) within whose jurisdiction the land is located and to “housing sponsors” (defined in H&S § 50074) that have notified HCD of their interest in surplus property. Gov. Code § 54222(a)(1).
e. “Housing sponsor” includes any public or private entity certified by HCD to own, construct, acquire, or rehabilitate a housing development. Health & Safety Code § 50074. The California Department of Housing and Community Development (HCD) maintains a list of “housing sponsors.”
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Agenda Memo - December 3, 2024
f. An entity desiring to purchase or lease surplus property offered by the City shall notify the City in writing within sixty (60) days after the City’s notice of availability is sent via certified mail or via email. Gov. Code § 54222(e).
g. The City and an interested entity shall enter into good faith negotiations. If the parties are unable to negotiate terms during a ninety (90) day negotiation period, the City may sell the property to another party. Gov. Code 55223(a). h. Prior to agreeing to disposition terms, the City must provide HCD a description of notices of availability sent and negotiations conducted with responding entities and a copy of affordability restrictions to be recorded against the property per Gov. Code § 54233 or § 54233.5. The surplus property may not be sold until HCD’s formal approval letter is received.
The disposition of the subject property is subject to the State’s surplus property requirements.
Although the property may not be zoned for single family residential use, recent changes to State law allow housing, especially low-income housing, to be constructed regardless of a property’s zoning designation under certain circumstances.
General Plan Consistency:
California Government Code Section 65402 requires that a declaration of properties as surplus and the disposition of real property that was originally acquired by the City be reviewed by the Planning Commission for determination as to whether the sale and declaration as surplus conforms to the City’s adopted General Plan.
On October 28, 2024, at a regularly scheduled meeting, the City of Tulare Planning Commission made the findings the declaration of the properties as surplus and disposition of the properties for industrial development is consistent with the 2035 General Plan, adopted October 7, 2014.
Fiscal Impact & Funding Source(s): The act of declaring the City-owned property as surplus, has no immediate fiscal impact. Future impact may result in the form of revenue to the City.
Legal Review: This item was reviewed and approved by legal counsel.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
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. [Time Estimate: 7:45 p.m.]
14.1 Amend Chapter 7.09, Wells, of the Tulare Municipal Code.
Recommended Action: Pass-to-print an ordinance amending Chapter 7.09, Wells, to the City of Tulare Municipal Code. [T. Whitfield]
Summary: In November 2018, the City Council approved Ordinance 18-11, which established policies in Municipal Code Chapter 7.09 for the construction, modification, repair, abandonment, or destruction of wells in the City of Tulare. The purpose of the ordinance is to manage the groundwater supply so that it will not be contaminated or polluted, to ensure that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety, or welfare of the residents, and to monitor the amount of water pumped from any wells within the City.
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Agenda Memo - December 3, 2024
While the intent of the original ordinance was to eliminate the construction of non-City wells within the City of Tulare, this was not clearly stated in the ordinance. The proposed revisions clarify the intent and also clean up the formatting to match the standard format of the City’s Municipal Code. The redlined copy of Chapter 7.09 is attached, as well as a clean copy reflecting the revisions. The proposed revisions were made and reviewed by the Public Works Department, Engineering, Assistant City Manager, City Manager and City Attorney.
The Board of Public Utilities approved the revisions as presented at their November 21, 2024 meeting. The Board recommended for staff to introduce the revisions for adoption by the City Council.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: The revisions have been reviewed by the City Attorney.
Alternative Action: 1) Approve with changes; 2) Deny - If denied, the existing ordinance will still be in effect, but staff may not be able to deny well drilling requests within City limits; or 3) Table - If postponed, well drilling requests that are submitted before any changes are made may have to be approved.
14.2 Cost Reimbursement for Parades and Events.
Recommended Action: Provide direction to staff regarding cost reimbursement for parades and events in which the City expends funds. [M. Anaya]
Summary: At the November 5, 2024 regular meeting, Tulare City Council requested to add an agenda item for discussion regarding cost reimbursement for parades and events in which the city expends funds. The following information was provided in the agenda item request:
The City has a policy that requires cost reimbursement for parades and events that are organized and conducted by various groups. This request is to review this policy as it relates to events and parades that occur as a result of a national holiday. An example of this is the annual MLK walk that will be held January 20, 2025. Exceptions should be narrow but are warranted under certain circumstances.
Parades and special events are reviewed by the City’s Site Plan Review Committee to coordinate and review with event organizers any requested street closures, event layout, emergency access, and other event particulars as they relate to public safety. Participating in Site Plan Review is free, so the only costs associated with parades and events would be the following:
• Hiring a licensed engineer to prepare a traffic control plan & paying a traffic safety company to put out and remove barricades and necessary traffic control signs (only required for events proposing to close public streets, such as the Tulare County Fair Parade or Tulare Christmas Parade).
• Hiring a motorcade service to escort participants of a parade or procession (only required for events where participants will be walking/traversing the public roadway, rather than just utilizing sidewalks and signalized crosswalks, such the annual T.D.E.S./St. Aloysius Holy Spirit Celebration Procession). • Special Event Parade Application Fee $31.00 (only required for events requiring street closures or where participants will be walking/traversing in the public roadway) Tulare City Council Page 7
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• Amplified Sound Permit Application Fee $22.00 (only required for events with amplified speech or music)
• Staffing Costs for events of regional or statewide significance that involves multiple agencies (for example World Ag Expo or the Tulare County Fair) The only types of events where the City would be expending funds is for those regional or statewide significance events such as World Ag Expo and the Tulare County Fair, with those costs consisting of staff time for public safety personnel, along with services provided by neighboring jurisdictions, such as the County.
In the past couple of years, events like the annual MLK walk have only gone through Site Plan Review and the only associated costs would be for an amplified sound permit (if using amplified sound). It was conveyed to staff that participants would be walking on the sidewalks and utilizing crosswalks. If participants intend to walk in the street roadway, then there would be the additional cost for the Special Event/Parade Application fee, and costs associated with hiring a motorcade service. It is staff’s understanding that in at least the last 2-3 years the Police Department does not provide complimentary motorcade services, nor does the City’s Streets Division implement complimentary traffic control services for these events put on by other organizations.
Furthermore, Tulare Municipal Code 8.70 focuses on Parades and Events and currently allows the city to impose fees to cover the cost of police services/escorts. A copy of Chapter 8.70 is attached to this staff report for reference. There currently is no particular reference to process or procedures specific to events occurring as a result of a national holiday.
Upon Council discussion, staff is seeking Council input regarding the adequacy of the existing requirements in the Code and how staff has been implementing the processing and permitting for parades and events, as well as direction on any proposed revisions to the attached municipal code chapter or the costs associated with parades and events in the city.
Fiscal Impact & Funding Source(s): If it is Council’s intent to facilitate and cover the costs for certain parades and events, staff requests direction on the source of additional funds.
One potential option is the Council’s Community Improvement discretionary funds. A summary of the current fund balance is below:
Account Current Balance
001-4010-2117 Community Improvement – District 1 $2,500 001-4010-2217 Community Improvement – District 2 $2,500 001-4010-2317 Community Improvement – District 3 $1,476.75 001-4010-2417 Community Improvement – District 4 $2,500 001-4010-2517 Community Improvement – District 5 $2,125 Legal Review: Legal review is currently not required for this item.
Alternative Action: 1) Approve Council-directed requests for changes to the Code text and procedures for parades and events; 2) Deny any changes to the Code text and procedures for parades and events. The current existing Code language and procedures for parades and events will continue to be followed by staff; or 3) Table this item until a future date, as determined Tulare City Council Page 8
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by Council. The current existing Code language and procedures for parades and events will continue to be followed by staff.
15. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY [Time Estimate: 8:30 p.m.]
15.1 Annual ROPS and Administrative Budget.
Recommended Action: Adopt a resolution approving and adopting the Recognized Obligation Payment Schedule (“ROPS”) for the July 1, 2025 through June 30, 2026 period and the Fiscal Year 2025-26 Administrative Budget. [M. Gaboardi]
Summary: Redevelopment agencies were dissolved statewide in 2012. The City of Tulare (“City”) elected to serve as the Successor Agency to the Tulare Redevelopment Agency (“Successor Agency”). It is responsible for winding down former Tulare Redevelopment Agency (“Former RDA”) obligations. State law requires the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) on an annual basis to request funding for payments owed in the upcoming fiscal year. The Successor Agency must also prepare an administrative budget for the upcoming fiscal year.
The ROPS must be approved by the Oversight Board to the Successor Agency (“Oversight Board”) and submitted to the California Department of Finance (“DOF”). The ROPS for the period July 1, 2025 through June 30, 2026 (“25-26”), attached as Exhibit “A,” is due to DOF by February 1, 2025. A copy of the ROPS must also be submitted to the Tulare County AuditorController (“Auditor-Controller”) and the State Controller’s Office and posted on the City’s website.
The ROPS requests funding for enforceable obligations from the Redevelopment Property Tax Trust Fund (“RPTTF”), or property tax increment revenue, as well as reserve balances and other funds. All ROPS expenses and funding sources must be approved by the Oversight Board and DOF.
The Tulare ROPS 25-26 requests $2,444,916 in expenses, of which $1,727,054 is from RPTTF, and $717,862 is from Reserve Balance. The following sections elaborate on the enforceable obligations listed on the ROPS and significant aspects of the Cash Balances.
Debt Service Payments (Items 21 through 24)
The 2017 Bond Indenture of Trust requires the Successor Agency to request funding for each calendar year’s debt service in the ROPS B period. The ROPS 25-26 requests to spend $717,862 in a reserve balance set aside from the ROPS 24-25 to pay debt service due in August 2025, $279,527 in RPTTF to pay debt service due in February 2026, and $739,527 in RPTTF as a reserve for debt service due in August 2026.
City-Redevelopment Agency Loan (Item 12)
The City and the Former RDA entered into a Loan Repayment Agreement (“Agreement”) on April 20, 2010, which was subsequently amended on June 29, 2010, February 1, 2011, and March 9, 2011 (“Third Amendment”). In order to assist the Former RDA in carrying out its redevelopment activities, the City advanced funds to the Former RDA from time to time in accordance with cooperation agreements for individual redevelopment projects. The Third Amendment formally acknowledged the amount of outstanding advances and established formal repayment terms for the Agreement (“City-RDA Loan”).
State law limits annual payments on the City-RDA Loan to one half of the difference between the previous Fiscal Year’s residual revenue and the Fiscal Year 2012-13 residual revenue.
Tulare City Council Page 9
Agenda Memo - December 3, 2024
Residual revenue is the amount of RPTTF revenue—property taxes distributed by the AuditorController—available after deducting ROPS obligations, administrative fees, and taxing agency pass-through payments.
The County approved Fiscal Year 2012-13 residual RPTTF is $2,502,897. Although the Successor Agency disputes this value and believes it should be $1,524,880, for the purpose of our estimates we are assuming the Fiscal Year 2012-13 residual RPTTF will be $2,502,897.
The Fiscal Year 2024-25 residual RPTTF is projected to be approximately $2.6 million, resulting in a maximum payment of approximately $68,461:
$2,639,818 - $2,502,897 = $136,921 / 2 = 68,461
The actual FY 2025-26 City-RDA Loan payment cannot be calculated until after the January 2025 RPTTF distribution, which was unavailable at the time the ROPS was prepared. The ROPS requests $600,000 in case the actual amount of residual RPTTF distributed in January 2025 permits a higher loan repayment amount.
Land O’ Lakes Agreement (Item 4)
The request for payment to Land O’ Lakes (Item 4) is based on an agreement with the dairy processor. The requested amount has been reduced to $0 due to the agreement end date having passed on June 30, 2024. However, payments may be extended to July 19, 2026 if certain conditions are met and it is for this reason that this item is not slated for retirement.
To receive payment, Land O’ Lakes is required to submit documentation to the City showing its employment level in the City, as specified in the agreement. If the employment level decreases below 350 full-time equivalent employees, the Successor Agency can reduce or eliminate the payments. To date, Land O’ Lakes has submitted documentation showing it has met the employment threshold every year since the agreement.
Other Obligations
The Successor Agency is required to prepare an Administrative Budget and submit it to the Oversight Board for approval. The Successor Agency is requesting $100,000 (ROPS Item 14).
An Administrative Budget for the fiscal year is attached as Exhibit “B” to the accompanying resolution.
The Successor Agency requests $3,000 in RPTTF to pay for LRPMP Property Disposition Costs (Item 26) associated with selling a Successor Agency property.
The Successor Agency requests $4,000 to pay fiscal agent fees on the 2017 Bonds (Item 6) and $1,000 to cover the cost of preparing a required annual continuing disclosure that describes the security of the 2017 Bonds (Item 25). Both are required aspects of the 2017 Bonds’ management.
In total, the Successor Agency requests to receive and spend $1,727,053 of RPTTF in Fiscal Year 2025-26. In addition, the Successor Agency requests to spend $717,862 in reserves set aside from Fiscal Year 2025-26 on August 1, 2025 debt service.
Cash Balances
The Report of Cash Balances shows cash balance activity in FY 2022-23. Funds are being spent in a timely manner and consistent with the approvals of the Oversight Board and DOF.
The Cash Balances page helps the Successor Agency to identify other funds available to spend on enforceable obligations. The estimated remaining available cash balance that DOF may use Tulare City Council Page 10
Agenda Memo - December 3, 2024
in-lieu of RPTTF as of FY 22-23 is $0. There was no available cash balance from Reserve Balance funds or RPTTF.
ROPS 22-23 Prior Period Adjustment
As required by HSC section 34186(c), the Successor Agency prepared a reconciliation between approved and actual payments on enforceable obligations from the ROPS covering Fiscal Year 2022-23 and submitted this reconciliation to the County Auditor-Controller by October 1, 2024.
The reconciliation showed a difference of $527,363 between approved and actual expenditures.
This amount will be applied to expenditures in Fiscal Year 2025-26.
Fiscal Impact & Funding Source(s): ROPS 25-26 must be approved by the Successor Agency and Oversight Board and submitted to the State Department of Finance (“DOF”) by February 1, 2025 for the Successor Agency to receive RPTTF, administered by the Tulare County AuditorController (“Auditor-Controller”), and pay enforceable obligations during the ROPS 25-26 period. If the ROPS is not submitted on time, the Successor Agency may be subject to a $10,000 penalty per day.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
16. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL [Time Estimate: 8:40 p.m.]
17. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:40 p.m.]
18. STAFF UPDATES [Time Estimate: 8:40 p.m.]
19. ADJOURNMENT [Time Estimate: 8:45 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, December 17, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.
City of Tulare Page 1 of 5
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, November 19, 2024
6:30 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala (arrived at 6:40 p.m.)
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Assistant Community Services Director Brian Beck; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development Director Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling
1. CALL TO ORDER
Mayor Sayre called to order the special meeting of the Tulare City Council at 6:32 p.m. in the Council Chamber located at 491 North M Street.
2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS
There were no public comments.
3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
3.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Manager Mondell, Assistant City Manager McDonnell, City Attorney Zamora, Human Resources Director Oneal Unrepresented Employee(s): Fire Department Division Chiefs Council recessed to closed session at 6:33 p.m.
4. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:02 p.m.
5. CLOSED SESSION REPORT
Mayor Sayre advised there was no reportable action.
6. ADJOURNMENT
Mayor Sayre adjourned the special meeting at 7:02 p.m.
Item #: 12.2
Consent
City Council Meeting Minutes Tuesday, November 19, 2024 City of Tulare Page 2 of 5
7. 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.
8. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Sayre led the Pledge of Allegiance, and an invocation was given by Susan Henard, Pastor of River Valley Church.
9. PUBLIC COMMENT
Donnette Silva-Carter provided updates regarding the Chamber of Commerce activities. She also requested support from Council regarding ARPA funds for unexpected expenses associated with the Tulare Business Innovation Zone (TBIZ).
10. PRESENTATIONS
10.1 Tulare County Association of Governments (TCAG) Update on State Route 99 Tulare/Paige Interchange Improvements. Ted Smalley and Benjamin Giuliani of Tulare County Association of Governments provided an update on the status of the State Route 99 Tulare/Paige Interchange Improvements.
11. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.
Chief Financial Officer Mark Roberts introduced Jacob Del Cid, the new Budget Finance Manager.
12. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest. Vice Mayor Isherwood requested that the meeting be adjourned in memory of Philip Smith who recently passed away.
13. 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.
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 November 5, 2024. [M. Hermann]
13.3 Surplus Vehicles.
Recommended Action: Adopt a resolution authorizing the surplus of City vehicles. [M.
Reed]
13.4 Award of Contract for Development of Post Construction Stormwater Management Design Standards.
Recommended Action: Approve the project scope and budget for development and implementation of Post Construction Stormwater Low Impact Development Standards; authorize the City Manager to sign a contract with Provost & Pritchard of Visalia, CA in an amount not to exceed $17,000; and authorize the City Manager or designee to approve City Council Meeting Minutes Tuesday, November 19, 2024 City of Tulare Page 3 of 5
contract change orders in an amount not to exceed 20% ($3,400) of the contract award amount. [M. Miller]
13.5 Award of Contract for PS&E Phase of Tesori-Bella Oaks Improvements.
Recommended Action: Approve the project scope and budget for City Project EN0101 – “Tesori-Bella Oaks Improvements”; authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $163,900 for preparation of Plans, Specifications and Estimates (PS&E), including topographic surveying, utility coordination, design, permitting, bidding and construction support services for Project EN0101; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($16,300) of the contract award amount. [M. Miller]
13.6 Easement to SCE for Utilities Associated with Project FM0046.
Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities associated with City Project FM0046 – Court House Renovation and Parking Lot, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
13.7 Grant Deed in Fee Title for Lot R of the Wild Oak Subdivision.
Recommended Action: Accept in fee title the Grant Deed for Lot R of the Wild Oak subdivision. [M. Miller]
13.8 Oversized Construction Reimbursement Agreement for the Little Caesars Commercial Development.
Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with Gussan Shedid for construction costs associated with the Little Caesars commercial development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager; authorize a transfer from the Streets & Traffic Signals Development Impact Fee Fund (Fund 230) to the General Fund (Fund 001) of $210,823.16; authorize the establishment of $260,919.75 appropriation in the General Fund Oversize Liability – Principal (001-4320-8206) account for the payment of the reimbursement attributable to new growth; and authorize the use of $50,096.59 of General Fund fund balance for payment of the remainder of the reimbursement. [M. Miller]
13.9 Dispatch Services with Tulare County Consolidated Ambulance Dispatch, Inc.
Recommended Action: Authorize the City Manager to approve and execute the fire and emergency services dispatch agreement between the City of Tulare and Tulare County Consolidated Ambulance Dispatch, Inc (TCCAD). [M. Ott]
13.10 Subscribe to Amazon Services, LLC and Join OMNIA Partners, Inc. for Purchases.
Recommended Action: Authorize the City Manager to execute all necessary documents to purchase an Amazon Services, LLC (“Amazon Business”) subscription and join OMNIA Partners, Inc. (“OMNIA”) for purchases of various materials and supplies. [M. Roberts]
13.11 Rejection of Claim - Isabel Cortez Ayala, FR102587.
Recommended Action: Reject the liability claim for damages filed on October 25, 2024, by Attorney Alan B. Bianco on behalf of claimant Isabel Cortez Ayala, FR102587. [S.
Oneal]
City Council Meeting Minutes Tuesday, November 19, 2024 City of Tulare Page 4 of 5
13.12 Rejection of Claim - Ivette Marisol Reyes, the Estate of Ivette Marisol Reyes, and Jessica Williams, FR102552.
Recommended Action: Reject the liability claim for damages filed on October 18, 2024, by Attorney Alivia Abreu on behalf of claimant Ivette Marisol Reyes, the Estate of Ivette Marisol Reyes, and Jessica Williams, FR102552. [S. Oneal]
14. GENERAL BUSINESS
14.1 Citizens Option for Public Safety 2024/2025 Program Funds.
Recommended Action: Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2024/2025 Program funds from the State of California in the amount of $109,333 to be used to fund one police officer position.
Presented By: Police Chief Fred Ynclan
Public Comment: Ellen Gorelick, Tammi Valov, David Phelps, and Zane Cushing expressed their support for the Tulare Police Department.
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
14.2 City of Tulare Health Care Center Term Sheet.
Recommended Action: Approve the City of Tulare Health Care Center term sheet with Elite Corporate Medical Services, Inc. (Elite) and authorize the City Attorney to prepare the agreement.
Presented By: Human Resources Director Shonna Oneal; City Manager Marc Mondell; Nick Gambini of Elite Corporate Medical Services, Inc.
Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Mederos, seconded by Vice Mayor Isherwood, and unanimously carried to approve the item as presented.
14.3 Emergency Homeless Shelter Operations Scoping Exercise.
Recommended Action: Receive a report regarding the emergency homeless shelter operations scoping exercise and provide direction thereto.
Presented By: City Manager Marc Mondell
Public Comment: There were no public comments.
Council Action: Vice Mayor Isherwood shared concerns regarding the animal management, security, and staffing ratio while also supporting the overarching philosophy.
Mayor Sayre agreed with Vice Mayor Isherwood in supporting the goals and overarching philosophy. Councilmember Harrell agreed with the comments that have been made.
Councilmembers Mederos and Sigala made suggestions to the document as follows:
Mission Statement: Revise the statement to “The City will strive to maintain a shelter in order to reasonably provide a humane, safe, and clean public facility for Tulare based individuals experiencing homelessness to reside, address basic needs, and use services intended to address their physical health, behavioral health, employment, social welfare, and/or housing outcomes.”
Third paragraph under Mission Statement: Revise to “The facility will provide for the basic needs of individuals. This approach is meant to encourage individuals to desire and strive for better living conditions and therefore work with the operator to achieve such an outcome.”
Outcomes: Revise item 2 to “Track and observe a reduction in the number of calls in the City for service, cleanups, and code enforcement actions related to homeless individuals.” City Council Meeting Minutes Tuesday, November 19, 2024 City of Tulare Page 5 of 5
Goals & Objectives: Highlight partnerships; important for the operator to understand how valuable those partnerships are to the City.
There was no action taken on this item. City Manager Marc Mondell will revise the document to incorporate comments and proposed revisions and will send to Council in a weekly report for review.
14.4 Final American Rescue Plan Act (ARPA) Allocations.
Recommended Action: Receive a presentation on the status of American Rescue Plan Act (ARPA) fund expenditures and adopt a resolution allocating ARPA funds and directing staff to re-allocate all funds available after the completion of projects toward the construction of the Emergency Shelter.
Presented By: Assistant City Manager Josh McDonnell
Public Comment: Members of Tulare Boxing Club spoke in support of Vice Mayor Isherwood’s request for funding for improvements to the property utilizing ARPA funds.
Council Action: It was moved by Vice Mayor Isherwood, seconded by Mayor Sayre, and unanimously carried to approve the item as amended to include the appropriation of $16,000 toward marketing for west Tulare as requested by Councilmember Sigala.
14.5 Artificial Intelligence Guiding Document.
Recommended Action: Receive a guiding document outlining the use of Artificial Intelligence (AI) by local governments.
Presented By: Chief Technology Officer Jason Bowling
Public Comment: There were no public comments.
Council Action: This was an informational item only; therefore, no action was taken.
15. FUTURE AGENDA ITEMS - NONE SUBMITTED
16. STAFF UPDATES
Staff provided updates on department activities.
17. ADJOURNMENT
Seeing no further business to discuss, Mayor Sayre adjourned the regular meeting at 9:45 p.m.
These meeting minutes were approved by the Council on December 3, 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: December 3, 2024
Department: Public Works - Wastewater
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Condition and Risk Assessment of Downtown Sewer Collection System
RECOMMENDED ACTION
Authorize the City Manager or designee to execute a task amendment to the existing Utility Master Plan contract with Carollo Engineers, Inc. to complete a Condition and Risk Assessment of the Downtown Sewer Collection System in the amount of $226,400.
SUMMARY
On October 6, 2022, the Board of Public Utilities awarded a contract to Carollo Engineers, Inc. of Fresno, CA for the preparation of the City’s Water, Sanitary Sewer and Storm Drain Master Plans. The Master Plans were recently accepted by both the Board and City Council. While they provide a basic framework for understanding and planning for necessary infrastructure improvements to address system deficiencies and accommodate future growth, it is often necessary to supplement the Master Plans with focused studies to refine design parameters as additional information regarding proposed development becomes available.
With all of the new projects and renewed interest in redeveloping downtown, staff asked Carollo to prepare a scope of services to perform a condition and risk assessment of the City’s downtown gravity sewer mains. While the master plans did provide recommendations for capacity improvements, a visual inspection and risk assessment is still needed to determine the existing conditions of the sewer facilities downtown. The scope of work and fee proposal includes the following:
1. Meetings/Workshops/Project Management
2. CCTV (closed circuit television) Inspection of the gravity mains
3. Development of the risk assessment and recommended improvements
4. Development of a rehabilitation and replacement (R&R) program
5. Technical Memorandum summarizing the work and recommendations
6. Inspection Contingency of $30,000 to account for any unforeseen conditions during inspection or any additional inspections that may be needed
The knowledge and understanding of the City’s sewer system and downtown infrastructure gained by Carollo Engineers, Inc. through their preparation of the City Master Plans makes them uniquely equipped to prepare the condition and risk assessment in the most cost-effective and timely manner. In accordance with the attached Scope of Services and Fee Proposal, Carollo Engineers, Inc. is requesting $226,400 to complete the condition and risk assessment.
FISCAL IMPACT & FUNDING SOURCE(S)
The costs associated with the proposed task amendment would be charged to the following sources:
1. ARPA Program Funds $90,000
2. City Manager’s Office – Professional Services $68,200 (001-4110-2017)
3. Fund 015 – Sewer Operating – Professional Services $68,200 (015-4651-2017)
Item #: 12.3
Consent
12.3 Consent Page 1
Due to the combined funding sources from ARPA, General Fund and the Sewer Enterprise Fund, this item will also be taken to the December 5, 2024 Board of Public Utilities meeting for approval.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes – No impact.
2. Deny - The Council can reject the proposal received from Carollo Engineers, Inc. and direct staff to seek proposals from other consultants. Staff anticipates that this would result in substantially higher costs due to the additional work required for another consultant to collect the necessary background information on the City’s downtown gravity sewer collection system.
3. Table – Delaying the preparation of the condition and risk assessment of the downtown gravity sewer collection system could possibly delay and adversely impact potential development projects in the downtown.
ATTACHMENTS
1. Scope of Services and Fee Proposal for a Condition and Risk Assessment of Downtown Collection System from Carollo Engineers, Inc., dated October 1, 2024.
Reviewed/Approved: JM
12.3 Consent Page 2
1401 Fulton Street, Suite 802
Fresno, California 93721
P 559-436-6616
carollo.com
Project No / Downtown Inspection Scope.docx
October 1, 2024
Trisha Whitfield, P.E.
Public Works Director
City of Tulare
411 East Kern Avenue
Tulare, CA 93274
Subject: Condition and Risk Assessment of Downtown Collection System Dear Mrs. Whitfield:
In accordance with your request, Carollo Engineers, Inc., (Carollo) is pleased to provide the City of Tulare (City) with the following scope and fee estimate to perform a condition and risk assessment of City’s downtown gravity sewer mains.
Introduction
Carollo recently completed the Water, Wastewater, and Storm Drain Master Plan Update (Master Plan Update) for the City of Tulare. There is increasing interest in re-development within the downtown area. For the City to proceed with redevelopment or densification the existing condition of existing facilities and any capacity limitations need to be identified to assess the potential impacts. While the Master Plan Update does provide recommended capacity improvements, a visual inspection and risk assessment is still needed to determine the existing condition of the sewer facilities within that could be impacted by potential development. The City has asked Carollo Engineers, Inc. (Carollo) to develop a scope of work to conduct the condition assessment and conduct a risk evaluation of the facilities in the potential area of impact. Our scope of work to complete this work includes the following tasks:
Scope of Work
Task 1 – Meetings, Workshops, and Project Management
Carollo will prepare for and attend up to four virtual meetings, including one project kick-off meeting and up to three meetings to review progress and discuss results. Carollo will prepare and distribute meeting minutes summarizing meeting discussions, decisions, and action items. Carollo will also perform project management tasks, including coordinating with the City, monitoring the project schedule and budget, and preparing and delivering monthly invoicing with status updates.
Task 1 Deliverables:
Meeting minutes.
Action and decision log.
Monthly progress reports.
12.3 Consent Page 3
1401 Fulton Street, Suite 802
Fresno, California 93721
P 559-436-6616
carollo.com
Project No / Downtown Inspection Scope.docx
Task 2 – CCTV Inspections
Carollo will coordinate with Nor-Cal Pipeline Services (NCPS) to conduct Closed Circuit Television (CCTV) inspection of approximately 40,000 feet of gravity mains. Pipelines to be inspected are shown on Figure 1, attached. This includes the gravity pipelines within and along the downtown area boundary. It also includes the downstream pipelines along Kern Avenue and Tulare Avenue. The Master Plan Update identified existing capacity deficiencies along these pipelines and re-development within the downtown area may exacerbate these deficiencies. Understanding the condition of these pipelines, although outside the downtown area, will help confirm the recommended capacity improvement project on Tulare Avenue.
The system will be inspected in accordance with the National Association of Sewer Service Company’s (NASSCO) Pipeline Assessment and Certification Program (PACP). A Level 1 condition assessment of the associated manholes (approximately 120 manholes1) will also be conducted, in accordance with NASSCO Manhole Assessment and Certification Program (MACP). Information included in a Level 1 manhole inspection provides basic condition assessment information, including the condition of the manhole wall, chimney, bench, and channel. Each will be given a rating of sound or defective. Evidence of infiltration and inflow (I/I) will be documented as well.
Carollo will coordinate inspection activities between the City and NCPS. Maps will be provided ahead of time to provide the City with enough time to clean the pipelines prior to inspection. It is assumed that the City will be responsible for pre-cleaning the inspected pipelines, preferably within a few days of inspection. A Carollo NASSCO PACP certified team member will review 10 percent of the CCTV videos provided by NCPS for quality assurance and quality control (QA/QC). The final pipeline and manhole inspection data will be joined to the City’s GIS database.
Task 2 Deliverables:
Inspection videos, photos, and reports for each pipeline and manhole inspected. Updated GIS database with condition assessment information (gravity pipelines and manholes) Task 3 – Downtown Risk Assessment
Carollo will conduct a desktop risk assessment of the gravity pipelines within the downtown area. The risk assessment will be based on the likelihood of failure (LOF), based on the inspection results provided from Task 2, and consequence of failure (COF), or the impact of a potential failure of the assets. Carollo will work with City staff to determine the risk matrix used to rank the assets, which may include factors such as pipeline diameter, material, estimated age, area served, and proximity to critical facilities.
Carollo will hold a workshop with City staff to review the preliminary findings of the risk assessment and to discuss recommended improvements. The final risk assessment results will be joined to the City’s GIS database.
Task 3 Deliverables:
Updated GIS database with risk assessment information.
12.3 Consent Page 4
1401 Fulton Street, Suite 802
Fresno, California 93721
P 559-436-6616
carollo.com
Project No / Downtown Inspection Scope.docx
Task 4 – Rehabilitation and Replacement Program
Based on the results of the risk assessment (Task 3), Carollo will develop a recommended rehabilitation and replacement (R&R) program for the downtown area. Class V planning level costs will be provided for the recommended projects. Additional recommendations, such as future CCTV inspections for the downtown area as well as the City’s remaining gravity sewers, will also be included. Carollo will hold a workshop with the City to review the preliminary R&R program and costs.
Task 5 – Technical Memorandum
Carollo will summarize the work completed as part of Tasks 2, 3, and 4 in a draft technical memorandum (TM).
Electronic copies of the TM will be provided to the City. Any comments received will be incorporated into a final TM. The final TM will be provided within two weeks of receiving comments from the City. Only electronic copies of the TM will be provided (no hard copies).
Task 5 Deliverables:
Draft and final technical memorandum.
Project Assumptions:
All meetings and workshops will be virtual.
The City will be able to clean the downtown pipelines prior to CCTV inspections. A risk assessment of the remaining collection system will not be performed at this time, due to limited age information.
Carollo will provide all deliverables in electronic format (no hard copies).
Task 6 – Contingency
This task includes an additional $30,000 contingency for NCPS to account for unforeseen conditions during inspection. Additional inspections could also be included under this task.
Schedule and Fee
Carollo’s estimated fee to complete this Scope of Work is $226,400, which includes a $30,000 inspection contingency. Carollo can submit a draft TM within three months once the CCTV inspections have been completed. A final TM will be submitted two weeks after the City’s final comments have been received.
12.3 Consent Page 5
1401 Fulton Street, Suite 802
Fresno, California 93721
P 559-436-6616
carollo.com
Please let me know if you have any questions or comments on the proposed scope of work, fee, or schedule.
Sincerely,
CAROLLO ENGINEERS, INC.
Tim Loper, P.E.
Vice President
TJL:do
Enclosures: Figure 1 (Inspection Pipelines)
Fee Estimate
12.3 Consent Page 6
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Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.
Engineering and/or survey accuracy
is not implied.
Data Sources: City of Tulare, ESRI
SEPTEMBER 2024 / DRAFT / CAROLLO
Figure 1 Downtown Pipeline Inspection
CITY OF TULARE
DOWNTOWN CONDITIONS AND RISK ASSESSMENT
Legend
Manholes
Tulare Wastewater Main
Kern Pipeline to be
Inspected
Downtown Sewer Mains to
be Inspected
Downtown Area
Inset Map
12.3 Consent Page 7
DOWNTOWN CONDITION ASSESSMENT
City of Tulare
TL FJ RFO DO MW KC AW
$324 $308 $308 $262 $208 $192 $133
Task 1 - Meetings, Workshops, and Project Management 8 4 8 8 0 0 0 28 $8,400 $400 $8,800Task 2 - CCTV Inspections 0 0 0 6 24 6 0 36 $7,700 $136,600 $144,300Task 3 - Downtown Risk Assessment 2 4 4 8 40 8 0 66 $15,100 $1,000 $16,100Task 4 - Rehabilitation and Replacement Program 2 6 4 4 32 8 0 56 $13,000 $800 $13,800Task 5 - Technical Memorandum 2 2 2 8 32 4 8 58 $12,500 $900 $13,400Task 6 - Contingency 0 0 0 0 0 0 0 0 $0 $30,000 $30,000Total 14 16 18 34 128 26 8 244 $56,700 $169,700 $226,400 Notes:
Document
Processing
Total Hours
(1) Other direct expenses include mileage travelling to/from meetings at IRS Federal Rate, reproduction at cost plus 5%, and Project Equipment and Communication Expense billed at $15.00 per hour.
Task Description Labor
Subs and
Other
Direct
Expenses(1)
Estimated
Principal In Charge
Technical Advisor
Project Manager
Project Engineer
Assistant Engineer
Technician Fee
Hours by Classification
12.3 Consent Page
8 Staff Report
Meeting: City Council
Date: December 3, 2024
Department: Finance
Submitted by: Don Thiesen, Accounting Consultant
Agenda Title: Monthly Investments Report
RECOMMENDED ACTION
Accept the monthly investments report for October 2024.
SUMMARY
The investments report for October 2024 is submitted for Council review and acceptance.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item did not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. October 2024 Investments Report
Reviewed/Approved: JM
Item #: 12.4
Consent
12.4 Consent Page 1
BOOK VALUE
BOOK MARKET CURRENT % OF
TYPE OF INVESTMENT VALUE VALUE YIELD TOTAL
UNRESTRICTED INVESTMENTS - SEE PAGE 2 235,227,887 228,341,887 1.308% 94.48% RESTRICTED INVESTMENTS - SEE PAGE 3 13,734,784 13,734,784 N/A 5.52% TOTAL INVESTMENTS 248,962,671 242,076,671 N/A 100.00%
Note: The City's financial statements will report market values, not book values, at June 30 each year.
I certify that this report reflects all City investments and complies with the investment policy of the City of Tulare as approved by City Council.
Furthermore, I certify that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.
Presented to the City Council on December 3, 2024. Presented to the Board of Public Utility Commissioners on December 5, 2024.
Respectfully submitted, Mark Roberts, Chief Financial Officer Date
October 31, 2024
SUMMARY OF ALL INVESTMENTS
SUMMARY TREASURER'S REPORT
CITY OF TULARE
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12.4 Consent Page 2
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARY OF UNRESTRICTED INVESTMENTS
UNREALIZED ESTIMATED BOOK
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS: VALUE
ISSUER OF ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL % OF TYPE OF INVESTMENT INVESTMENT MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U/I~ Petty Cash N/A N/A N/A N/A 12,900 N/A N/A 0.01%
N/A None 12,900 N/A N/A
Checking Account - City Wells Fargo Bank N/A N/A N/A 41,966,652 N/A N/A 17.84% On Demand None 41,966,652 N/A N/A
Balance per bank is $
Local Agency Investment Fund (LAIF) State of California Various N/A N/A 37,380,280 77,044 1,688,841 15.89% On Demand 4.518% * 37,457,324 (137,707) 140,737
Sub-Total N/A N/A 79,359,832 77,044 1,688,841 33.74%
2.126% 79,436,876 (137,707) 140,737
Per BNY WTC
Fixed Income Investments Various (See page 4-8) N/A N/A 155,868,056 (6,963,044) 1,297,160 66.26% Investments in Safekeeping With BNY Western Trust Company 0.870% 148,905,012 (6,439,456) 108,097 TOTAL UNRESTRICTED INVESTMENTS N/A N/A 235,227,887 (6,886,000) 2,986,001 100.00%
1.308% 228,341,887 (6,577,164) 248,833
* LAIF market values are based on the most currently available amortized cost information - Sep 30, 2024: 1.002061084 ~ U/I = Unrestricted Investments October 31, 2024
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CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARY OF RESTRICTED INVESTMENTS
BALANCES
ACQUISITION MATURITY STATED PAR BOOK MARKET AS-OF
TYPE OF INVESTMENT ISSUER OF INVESTMENT DATE DATE INTEREST RATE VALUE VALUE VALUE DATE Bond Funds (All are Managed by U.S. Bank Trust Except LAIF):
2018 Lease Revenue and Refunding Bonds (Account No. 244938000) First American Govt Fd U.S. Bank Trust Various On Demand Various N/A 1,275,578 1,275,578 10-31-24 Reserve Fund 1,275,578 1,275,578
2015 Sewer Revenue Refunding Bonds (Account No. 261594000) First American Govt Fd U.S. Bank Trust Various On Demand Various N/A 319,210 319,210 10-31-24 First American Govt Fd U.S. Bank Trust Various N/A 0 0 10-31-24 Reserve Fund
Investment Repurchase GIC Bayerische Landesbank 11-15-15 11-15-25 1.960% N/A 5,032,685 5,032,685 10-31-24 Reserve Fund 5,351,895 5,351,895
2016 Sewer Revenue Refunding Bonds (Account No. 231687000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 18 18 10-31-24 18 18
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 19,580 19,580 10-31-24 19,580 19,580
2017 Water Revenue Bonds (Account No. 219189000)
U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 3 3 10-31-24 3 3
2020 Water Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 7,087,702 7,087,702 10-31-24 7,087,702 7,087,702
2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No. 245346000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 9 9 10-31-24 9 9
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Investments = 5.52% 13,734,784 13,734,784 October 31, 2024
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UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:
TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL
CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS
** Per BNY WTC
Federal National Mortgage Assn 08-25-20 0.520% 2,000,000 2,000,000 (24,860) 10,400 3136G4T52 02-25-25 C 0.520% 1,975,140 (33,860) 867
Federal National Mortgage Assn 08-27-20 0.600% 2,000,000 2,000,000 (42,440) 12,000 3136G4U50 05-27-25 C 0.600% 1,957,560 (47,280) 1,000
Federal Home Loan Mtg Corp 06-03-20 0.750% 2,000,000 2,000,000 (41,660) 15,000 3134GVVX3 05-28-25 C 0.750% 1,958,340 (45,660) 1,250
Federal Home Loan Mtg Corp 06-10-20 0.700% 2,000,000 2,000,000 (43,480) 14,000 3134GVB56 06-10-25 C 0.700% 1,956,520 (47,280) 1,167
Federal Home Loan Banks 06-24-20 0.750% 868,056 868,056 (20,174) 6,510 3130AJRE1 06-24-25 C 0.750% 847,882 (22,786) 543
Federal Home Loan Mtg Corp 06-30-20 0.800% 2,000,000 2,000,000 (46,660) 16,000 3134GVT65 06-30-25 C 0.800% 1,953,340 (51,100) 1,333
Federal National Mortgage Assn 07-15-20 0.730% 2,000,000 2,000,000 (50,540) 14,600 3136G4YU1 07-15-25 C 0.730% 1,949,460 (54,840) 1,217
Federal National Mortgage Assn 08-26-20 0.500% 2,000,000 2,000,000 (60,680) 10,000 3136G42E2 08-26-25 C 0.500% 1,939,320 (62,420) 833
Federal Home Loan Mtg Corp 09-30-20 0.500% 2,500,000 2,500,000 (86,150) 12,500 3134GWUE4 09-30-25 C 0.500% 2,413,850 (78,900) 1,042
Federal Home Loan Mtg Corp 09-30-20 0.520% 2,500,000 2,500,000 (83,300) 13,000 3134GWUV6 09-30-25 C 0.520% 2,416,700 (87,975) 1,083
Federal Home Loan Mtg Corp 10-02-20 0.550% 3,000,000 3,000,000 (100,470) 16,500 3134GWX43 10-02-25 C 0.550% 2,899,530 (93,570) 1,375
Federal Home Loan Mtg Corp 10-15-20 0.550% 3,000,000 3,000,000 (104,580) 16,500 3134GWXX9 10-15-25 C 0.550% 2,895,420 (97,020) 1,375
- CONTINUED ON PAGE 5 -
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS
October 31, 2024
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12.4 Consent Page 5
UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:
TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL
CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Mtg Corp 10-15-20 0.530% 3,000,000 3,000,000 (105,900) 15,900 3134GWY34 10-15-25 C 0.530% 2,894,100 (97,770) 1,325
Federal National Mortgage Assn 10-20-20 0.580% 3,000,000 3,000,000 (106,410) 17,400 3135G06A6 10-20-25 C 0.580% 2,893,590 (106,830) 1,450
Federal Farm Credit Bks Funding Corp 10-21-20 0.520% 2,500,000 2,500,000 (89,250) 13,000 3133EMDZ2 10-21-25 C 0.520% 2,410,750 (82,950) 1,083
Federal Farm Credit Bks Funding Corp 10-22-20 0.530% 2,500,000 2,500,000 (89,375) 13,250 3133EMEC2 10-22-25 C 0.530% 2,410,625 (83,025) 1,104
Federal Home Loan Mtg Corp 10-27-20 0.625% 3,000,000 3,000,000 (105,960) 18,750 3134GW3X2 10-27-25 C 0.625% 2,894,040 (98,010) 1,563
Federal Home Loan Mtg Corp 10-28-20 0.600% 2,000,000 2,000,000 (71,120) 12,000 3134GW3Z7 10-28-25 C 0.600% 1,928,880 (70,960) 1,000
Federal Home Loan Mtg Corp 10-29-20 0.570% 3,000,000 3,000,000 (107,490) 17,100 3134GWZL3 10-29-25 C 0.570% 2,892,510 (100,290) 1,425
Federal Home Loan Mtg Corp 11-10-20 0.610% 3,000,000 3,000,000 (108,660) 18,300 3134GW6S0 11-10-25 C 0.610% 2,891,340 (102,120) 1,525
Federal Home Loan Mtg Corp 11-12-20 0.600% 2,000,000 2,000,000 (73,160) 12,000 3134GXAP9 11-12-25 C 0.600% 1,926,840 (68,500) 1,000
Federal Home Loan Mtg Corp 11-25-20 0.625% 3,000,000 3,000,000 (112,980) 18,750 3134GXCS1 11-25-25 C 0.625% 2,887,020 (117,360) 1,563
Federal Home Loan Mtg Corp 11-30-20 0.650% 2,000,000 2,000,000 (75,020) 13,000 3136GXFA7 11-26-25 C 0.650% 1,924,980 (69,820) 1,083
Federal Home Loan Mtg Corp 12-01-20 0.620% 1,500,000 1,500,000 (57,420) 9,300 3134GXDM3 12-01-25 C 0.620% 1,442,580 (53,445) 775
Federal Farm Credit Bks Funding Corp 12-17-20 0.540% 2,500,000 2,500,000 (101,975) 13,500 3133EMKT8 12-17-25 C 0.540% 2,398,025 (94,975) 1,125
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CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
October 31, 2024
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UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:
TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL
CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Mtg Corp 12-17-20 0.625% 2,000,000 2,000,000 (79,760) 12,500 3134GXFV1 12-17-25 C 0.625% 1,920,240 (74,000) 1,042
Federal Home Loan Mtg Corp 12-23-20 0.700% 3,000,000 3,000,000 (119,070) 21,000 3134GXHD9 12-23-25 C 0.700% 2,880,930 (117,960) 1,750
Federal Home Loan Mtg Corp 01-05-21 0.550% 2,500,000 2,500,000 (104,675) 13,750 3134GXJX3 01-05-26 C 0.550% 2,395,325 (97,925) 1,146
Federal Home Loan Mtg Corp 01-07-21 0.520% 2,000,000 2,000,000 (84,800) 10,400 3134GXJZ8 01-07-26 C 0.520% 1,915,200 (79,440) 867
Federal Home Loan Banks 01-22-21 0.625% 2,500,000 2,500,000 (109,575) 15,625 3130AKQ74 01-22-26 C 0.625% 2,390,425 (103,500) 1,302
Federal Home Loan Mtg Corp 01-22-21 0.550% 2,500,000 2,500,000 (109,100) 13,750 3134GXKJ2 01-22-26 C 0.550% 2,390,900 (101,575) 1,146
Federal Home Loan Banks 01-28-21 0.600% 2,000,000 2,000,000 (89,440) 12,000 3130AKPC4 01-28-26 C 0.600% 1,910,560 (84,500) 1,000
Federal National Mortgage Asso. 01-28-21 0.550% 2,000,000 2,000,000 (88,580) 11,000 3135G06R9 01-28-26 C 0.550% 1,911,420 (82,260) 917
Federal Home Loan Banks 02-17-21 0.625% 3,000,000 3,000,000 (138,990) 18,750 3130AL3S1 02-17-26 C 0.625% 2,861,010 (131,100) 1,563
Federal Home Loan Banks 02-24-21 0.600% 3,000,000 3,000,000 (141,810) 18,000 3130AKYU4 02-24-26 C 0.600% 2,858,190 (134,010) 1,500
Federal Home Loan Banks 02-25-21 0.625% 3,000,000 3,000,000 (141,150) 18,750 3130ALCW2 02-25-26 C 0.625% 2,858,850 (133,290) 1,563
Federal Home Loan Banks 02-26-21 0.650% 3,000,000 3,000,000 (140,460) 19,500 3130AKZ25 02-26-26 C 0.650% 2,859,540 (132,540) 1,625
Federal Home Loan Banks 03-10-21 0.800% 3,000,000 3,000,000 (138,960) 24,000 3130ALFS8 03-10-26 C 0.800% 2,861,040 (129,060) 2,000
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CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
October 31, 2024
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UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:
TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL
CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Banks 03-30-21 1.030% 2,500,000 2,500,000 (112,775) 25,750 3130ALKQ6 03-30-26 C 1.030% 2,387,225 (103,825) 2,146
Federal Home Loan Banks 04-22-21 1.100% 2,500,000 2,500,000 (115,150) 27,500 3130ALXV1 04-22-26 C 1.100% 2,384,850 (105,375) 2,292
Federal Home Loan Banks 06-30-21 1.000% 3,000,000 3,000,000 (159,870) 30,000 3130AMWU2 06-30-26 C 1.000% 2,840,130 (142,680) 2,500
Federal Home Loan Banks 07-13-21 1.020% 3,000,000 3,000,000 (162,360) 30,600 3130AN2L3 07-13-26 C 1.020% 2,837,640 (145,050) 2,550
Federal Home Loan Banks 07-29-21 1.125% 3,000,000 3,000,000 (161,310) 33,750 3130AN4R8 07-29-26 C 1.125% 2,838,690 (143,160) 2,813
Federal Home Loan Banks 08-24-21 1.050% 3,000,000 3,000,000 (166,410) 31,500 3130ANFT2 08-24-26 C 1.050% 2,833,590 (152,970) 2,625
Federal Home Loan Banks 08-26-21 0.900% 2,500,000 2,500,000 (145,600) 22,500 3130ANLZ1 08-26-26 C 0.900% 2,354,400 (134,700) 1,875
Federal Home Loan Banks 08-27-21 1.050% 2,500,000 2,500,000 (139,325) 26,250 3130ANM56 08-27-26 C 1.050% 2,360,675 (128,025) 2,188
Federal Home Loan Banks 09-28-21 1.100% 3,000,000 3,000,000 (172,440) 33,000 3130ANUX6 09-28-26 C 1.100% 2,827,560 (156,420) 2,750
Federal Home Loan Banks 09-28-21 0.900% 3,000,000 3,000,000 (183,330) 27,000 3130ANXS4 09-28-26 C 0.900% 2,816,670 (167,850) 2,250
Federal Home Loan Banks 09-30-21 1.000% 3,000,000 3,000,000 (178,470) 30,000 3130ANXU9 09-30-26 C 1.000% 2,821,530 (162,510) 2,500
Federal Home Loan Banks 09-30-21 0.950% 2,500,000 2,500,000 (151,000) 23,750 3130ANYR5 09-30-26 C 0.950% 2,349,000 (137,800) 1,979
Federal Home Loan Banks 10-21-21 1.000% 2,500,000 2,500,000 (151,175) 25,000 3130APCD5 10-21-26 C 1.000% 2,348,825 (132,875) 2,083
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CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
October 31, 2024
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UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:
TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL
CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Bks 10-26-21 1.250% 3,000,000 3,000,000 (172,920) 37,500 3130APJ55 10-26-26 C 1.250% 2,827,080 (150,720) 3,125
Federal Home Loan Bks 10-26-21 1.125% 3,000,000 3,000,000 (179,970) 33,750 3130APJB2 10-26-26 C 1.125% 2,820,030 (158,130) 2,813
Federal Home Loan Bks 10-28-21 1.250% 3,000,000 3,000,000 (173,400) 37,500 3130APDQ5 10-28-26 C 1.250% 2,826,600 (151,140) 3,125
Federal Home Loan Bks 10-28-21 1.100% 2,000,000 2,000,000 (121,260) 22,000 3130APFQ3 10-28-26 C 1.100% 1,878,740 (106,720) 1,833
Federal Home Loan Bks 10-28-21 1.120% 2,000,000 2,000,000 (120,500) 22,400 3130APFR1 10-28-26 C 1.120% 1,879,500 (105,920) 1,867
Federal Home Loan Bks 10-28-21 1.050% 2,000,000 2,000,000 (123,140) 21,000 3130APFU4 10-28-26 C 1.050% 1,876,860 (108,700) 1,750
Federal Home Loan Bks 11-16-21 1.375% 2,500,000 2,500,000 (141,725) 34,375 3130APLP8 11-16-26 C 1.375% 2,358,275 (122,650) 2,865
Federal Home Loan Bks 11-18-21 1.375% 3,000,000 3,000,000 (170,520) 41,250 3130APNK7 11-18-26 C 1.375% 2,829,480 (147,570) 3,438
Federal Home Loan Bks 11-23-21 1.450% 3,000,000 3,000,000 (167,130) 43,500 3130APPL3 11-23-26 C 1.450% 2,832,870 (144,120) 3,625
Federal Home Loan Bks 12-17-21 1.600% 2,000,000 2,000,000 (108,860) 32,000 3130APXT7 12-17-26 C 1.600% 1,891,140 (92,820) 2,667
Federal Home Loan Bks 03-29-22 2.350% 2,000,000 2,000,000 (88,320) 47,000 3130ARA68 03-29-27 C 2.350% 1,911,680 (67,820) 3,917
TOTAL FIXED INCOME INVESTMENTS N/A N/A 155,868,056 (6,963,044) 1,297,160 **All are in safekeeping with BNY Western Trust Company 0.870% 148,905,012 (6,439,456) 108,097 ~ U/I = Unrestricted Investments
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
October 31, 2024
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CITY OF TULARE
TREASURER'S EXECUTIVE SUMMARY
October 31, 2024
BOOK VALUE
CHANGES IN BALANCES AND YIELDS: MARKET VALUE
DIFFERENCE AVERAGE STATED YIELD
CATEGORY SEP AUG CHANGE SEP AUG CHANGE
Total Investments 248,962,671 250,068,651 (1,105,980) N/A N/A N/A 242,076,671 243,706,239 (1,629,567)
(6,886,000) (6,362,413) (523,587)
Unrestricted Investments 235,227,887 235,929,494 (701,606) 1.308% 1.310% -0.002% 228,341,887 229,567,081 (1,225,194)
(6,886,000) (6,362,413) (523,587)
Restricted Investments 13,734,784 14,139,158 (404,374) N/A N/A N/A 13,734,784 14,139,158 (404,374)
0 0 0
Local Agency Investment Fund (LAIF) 37,380,280 37,380,280 0 4.518% 4.575% -0.057% 37,457,324 37,457,324 0
77,044 77,044 0
Fixed Income Investments (Total) 155,868,056 155,868,056 0 0.870% 0.870% 0.000% 148,905,012 149,428,599 (523,587)
(6,963,044) (6,439,456) (523,587)
TRANSACTIONS (BOOK VALUE): *
CATEGORY PURCHASES SALES / CALLS
Fixed Income Investments Fixed Income Investments
0 0
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12.4 Consent Page 10
Staff Report
Meeting: City Council
Date: December 3, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director
Agenda Title: Declaring City-owned Property as Surplus
RECOMMENDED ACTION
Adopt a resolution declaring two parcels of City-owned property totaling approximately five acres located between K Street and Highway 99 just south of Commercial Avenue in Tulare, CA (APN’s: 191-350-010; 191-350-017) as surplus in accordance with Government Code Section 65402.
SUMMARY
The City owns two parcels of land located between K Street and Highway 99 just south of Commercial Avenue. The City has received interest from Knight Transportation, the owner of surrounding properties to purchase the five acres of City-owned property to expand their current trucking operations.
As of January 1, 2021, the California Housing and Community Development Department (HCD) was required to begin enforcing guidelines of the California Surplus Land Act (SLA), which includes the process for declaring City owned property as surplus, reviewing each jurisdiction’s notices of availability sent, negotiations conducted with any responding entities and review of written findings of the local agency.
To begin negotiating the purchase of the parcels, the City must first declare the land surplus and submit a Notice of Availability (NOA) to all required government agencies and housing sponsors. The City may begin negotiating with Knight Transportation if no notified party contacts the City during the sixty-day NOA response period.
The following is a summary of surplus property requirements:
a. “Surplus land” means land owned by the city in fee that the City Council declares, at a regular meeting, as surplus and not necessary for the “agency’s use.” Gov. Code 54221(b)(1). b. Surplus property rules do not apply to “exempt surplus land,” which is defined in Gov. Code § 54221(f)(1). One type of exempt surplus property is land that is less than five thousand (5,000) square feet in size, (ii) less than the minimum legal residential building lots size within the City, or five thousand (5,000) square feet in area, whichever is less, or (iii) has no record access and is less than ten thousand (10,000) square feet in area; and is not contiguous to land owned by the state or local agency that is used for open-space or low- and moderate-income housing. c. Prior to disposing of or participating in negotiations to dispose of surplus property, the City must provide a written notice of availability to all specified agencies and entities having jurisdiction over the following: development of low- and moderate-income housing, open space, and school facilities construction or school district open space. Gov. Code § 54222. d. A notice sent to housing entities must be sent to any public entity (defined in H&S Code § 50079) within whose jurisdiction the land is located and to “housing sponsors” (defined in H&S § 50074) that have notified HCD of their interest in surplus property. Gov. Code § 54222(a)(1).
Item #: 13.1
Public Hearing
13.1 Public Hearing Page 1
e. “Housing sponsor” includes any public or private entity certified by HCD to own, construct, acquire, or rehabilitate a housing development. Health & Safety Code § 50074. The California Department of Housing and Community Development (HCD) maintains a list of “housing sponsors.”
f. An entity desiring to purchase or lease surplus property offered by the City shall notify the City in writing within sixty (60) days after the City’s notice of availability is sent via certified mail or via email. Gov. Code § 54222(e).
g. The City and an interested entity shall enter into good faith negotiations. If the parties are unable to negotiate terms during a ninety (90) day negotiation period, the City may sell the property to another party. Gov. Code 55223(a).
h. Prior to agreeing to disposition terms, the City must provide HCD a description of notices of availability sent and negotiations conducted with responding entities and a copy of affordability restrictions to be recorded against the property per Gov. Code § 54233 or § 54233.5. The surplus property may not be sold until HCD’s formal approval letter is received.
The disposition of the subject property is subject to the State’s surplus property requirements. Although the property may not be zoned for single family residential use, recent changes to State law allow housing, especially low-income housing, to be constructed regardless of a property’s zoning designation under certain circumstances.
General Plan Consistency:
California Government Code Section 65402 requires that a declaration of properties as surplus and the disposition of real property that was originally acquired by the City be reviewed by the Planning Commission for determination as to whether the sale and declaration as surplus conforms to the City’s adopted General Plan.
On October 28, 2024, at a regularly scheduled meeting, the City of Tulare Planning Commission made the findings the declaration of the properties as surplus and disposition of the properties for industrial development is consistent with the 2035 General Plan, adopted October 7, 2014.
FISCAL IMPACT & FUNDING SOURCES
The act of declaring the City-owned property as surplus, has no immediate fiscal impact. Future impact may result in the form of revenue to the City.
LEGAL REVIEW
This item was reviewed and approved by legal counsel.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution
2. Subject Property Exhibits
Reviewed/Approved: JM
13.1 Public Hearing Page 2
RESOLUTION 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
DECLARING APPROXIMATELY FIVE ACRES OF CITY-OWNED PROPERTY LOCATED BETWEEN K STREET AND HIGHWAY 99 JUST SOUTH OF COMMERCIAL AVENUE,
TULARE, CA AS SURPLUS PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 65402
WHEREAS, the City of Tulare owns two parcels of land located between K Street and Highway 99 just south of Commercial Avenue. (APN 191-350-017; 191-350-017); and WHEREAS, the parcels are zoned Industrial in the City’s 2035 General Plan and have been and currently remain undeveloped lands; and
WHEREAS, the City of Tulare has received interest from adjacent property owner, Knight Transportation, to purchase the vacant parcels for the purpose of future expansion of their current facility; and
WHEREAS, the City of Tulare has no other plans to develop or utilize the property; and WHEREAS, as of January 1, 2021, the California Housing and Community Development Department was required to begin enforcing guidelines of the California Surplus Land Act, which includes the process for declaring City owned property as surplus, reviewing each jurisdiction’s notices of availability sent, negotiations conducted with any responding entities and review of written findings of the local agency; and
WHEREAS, the California Housing and Community Development Department’s Surplus Land Act Guidelines were both updated early 2024. However, the revisions do not exempt the subject property from Surplus Land Act Guideline requirements; and WHEREAS, pursuant to Government Code section 54222, prior to disposing of or participating in negotiations to dispose of surplus property, the City must provide a written notice of availability to all specified agencies and entities having jurisdiction over the following: development of low- and moderate-income housing, open space, and school facilities construction or school district open space; and
WHEREAS, on October 28, 2024, the Planning Commission determined that the sale of the surplus property is consistent with the City’s 2035 General Plan adopted October 7, 2014.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City-owned property located between K Street and Highway 99, south of Commercial Avenue, that is approximately five acres, is hereby declared surplus.
Section 2. The City Manager is hereby authorized and directed to send a written offer (“Surplus Property Notice”) to sell or lease the property to those public agencies identified in Government Code Section 54222.
13.1 Public Hearing Page 3
Resolution 2024-XX
Section 3. The City Manager shall, in accordance with surplus property provisions of the Government Code, negotiate the terms of sale or lease of the property with any public agency that responds to the Surplus Property Notice and expresses an interest in the property.
Section 4. If no agency or entity that receives the Surplus Property Notice desires to purchase the property or if the City is unable to successfully negotiate a sale with an interested agency or entity, the City Manager is hereby authorized and directed to negotiate the sale of the property to a private party.
Section 5. The City Manager is directed to provide the City Council, for its review and approval, those terms that the City Manager negotiates in accordance with this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 3rd day of December 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Terry A. Sayre, President of the Council and
Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
13.1 Public Hearing Page 4
Tara K. Freitas, County Assessor
Property Address: 4266 S K ST TULARE CA 93274-7187
**The information provided here is deemed reliable, but is not guaranteed. Additional reports on this property © 2024 ParcelQuest | www.parcelquest.com | Privacy Policy | Refund Policy | Disclaimer | Usage Limits General Information
Parcel # (APN): 191-350-010-000
Owner: See Full Detail
Mailing Address: 411 E KERN AVE TULARE CA 93274-4257
Legal Description: PARCEL 2 PM 1094 V11 P95
Use Type: GOVERNMENT
Tax Rate Area: 005-091
Assessment
Total Value: $1 Year Assd: 2024
Land: $1 Zoning:
Structures: Use Code: See Full Detail
Other: Census Tract: See Full Detail
% Improved: See Full Detail Price/SqFt:
Exempt Amt:
HO Exempt: N
Full Detail $14.95
PLEASE NOTE: If a field is empty on this page, there is no data available, and the field will also be empty on the Full Detail property report.
13.1 Public Hearing Page 5
Tara K. Freitas, County Assessor
Property Address:
**The information provided here is deemed reliable, but is not guaranteed. Additional reports on this property © 2024 ParcelQuest | www.parcelquest.com | Privacy Policy | Refund Policy | Disclaimer | Usage Limits General Information
Parcel # (APN): 191-350-017-000
Owner: See Full Detail
Mailing Address: 411 E KERN AVE TULARE CA 93274-4257
Legal Description: POR PARCEL 3, PARCEL MAP NO 1094, PM 11-95 Use Type: GOVERNMENT
Tax Rate Area: 005-091
Assessment
Total Value: $1 Year Assd: 2024
Land: $1 Zoning:
Structures: Use Code: See Full Detail
Other: Census Tract: See Full Detail
% Improved: See Full Detail Price/SqFt:
Exempt Amt:
HO Exempt: N
Full Detail $14.95
PLEASE NOTE: If a field is empty on this page, there is no data available, and the field will also be empty on the Full Detail property report.
13.1 Public Hearing Page 6
Staff Report
Meeting: City Council
Date: December 4, 2024
Department: Public Works - Water
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Amend Chapter 7.09, Wells, of the Tulare Municipal Code
RECOMMENDED ACTION
Pass-to-print an ordinance amending Chapter 7.09, Wells, to the City of Tulare Municipal Code.
SUMMARY
In November 2018, the City Council approved Ordinance 18-11, which established policies in Municipal Code Chapter 7.09 for the construction, modification, repair, abandonment, or destruction of wells in the City of Tulare. The purpose of the ordinance is to manage the groundwater supply so that it will not be contaminated or polluted, to ensure that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety, or welfare of the residents, and to monitor the amount of water pumped from any wells within the City.
While the intent of the original ordinance was to eliminate the construction of non-City wells within the City of Tulare, this was not clearly stated in the ordinance. The proposed revisions clarify the intent and also clean up the formatting to match the standard format of the City’s Municipal Code. The redlined copy of Chapter 7.09 is attached, as well as a clean copy reflecting the revisions. The proposed revisions were made and reviewed by the Public Works Department, Engineering, Assistant City Manager, City Manager and City Attorney.
The Board of Public Utilities approved the revisions as presented at their November 21, 2024 meeting.
The Board recommended for staff to introduce the revisions for adoption by the City Council.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact resulting from this item.
LEGAL REVIEW
The revisions have been reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny – If denied, the existing ordinance will still be in effect, but staff may not be able to deny well drilling requests within City limits.
3. Table – If postponed, well drilling requests that are submitted before any changes are made may have to be approved.
ATTACHMENTS
1. Redlined Chapter 7.09 (Wells) Ordinance
2. Clean version of the revised Chapter 7.09 (Wells) Ordinance Reviewed/Approved: JM
Item #: 14.1
General Business
14.1 General Business Page 1
1 CHAPTERhapter 7.09: WELLS
Sections:
07.09.010 Title.
07.09.020 Legislative Intent.
07.09.030 Definitions.
07.09.040 Acts Prohibited, Permit Required.
07.09.050 Meter Required.
07.09.055 Reporting Water Use.
07.09.060 Permits.
07.09.070 Rules and Regulations.
07.09.080 Cash Deposit or Security Bond.
07.09.090 Suspension or Revocation of Permit.
07.09.100 Appeal.
07.09.110 Public Nuisance.
07.09.120 Inspection.
07.09.130 Backflow Prevention.
§ 07.09.010 Title.
This chapter shall be known and referred to as the Well Ordinance of the City of Tulare. § 07.09.020 Legislative Intent.
It is the purpose of this Ordinance to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the groundwater of this City will not be contaminated, or polluted, or used in an unstainable manner, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this City, and to monitor the amount of water pumped from wells. § 07.09.030 Definitions.
(A) PERSON"Person." Person shall mean any individual, firm, partnership, general corporation, association, or governmental entity.
(B) WELL"Well." Well shall mean any artificial excavation for the purpose of extracting water from, or injecting water into, the ground, or for providing cathodic protection, or for
14.1 General Business Page 2
2 making tests or observations of underground conditions, or for any other similar purpose. This definition shall not include: (1) oil, gas, or geothermal wells; or (2) wells used for the purpose of (a) dewatering excavation during construction or (b) stabilizing hillsides or earth embankments. (C) OWNER. The owner of the property upon which any well subject to this ordinance is located and / or the permittee for such well.
(DC) CONTAMINATION"Contamination." Contamination shall mean the impairment of the quality of water to a degree which creates, or may create a hazard, to the public health through poisoning or through spread of disease.
(ED) POLLUTION"Pollution." Pollution shall mean the alteration of the quality of water, in full or part, which affects or may affect such water for beneficial uses. Pollution may include contamination.
(FE) PUBLIC WORKS DIRECTOR"Public Works Director." Public Works Director shall mean the Public Works Director of the City of Tulare or his/her duly authorized representatives. (GF) PUBLIC NUISANCE"Public Nuisance." Public Nuisance, when applied to a well, shall mean any action or omission which threatens to or which in fact contaminates or pollutes the groundwater, exacerbates overdraft conditions, adversely impacts the City of Tulare’s public water supply system, or otherwise jeopardizes the health, safety and welfare of the public. (HG) ABANDON or ABANDONMENT"Abandon or Abandonment." Abandon or Abandonment, when applied to a well, shall mean to cease maintenance or use of the well for a period of one (1) year.
(IH) DESTROY or DESTRUCTION"Destroy or Destruction." Destroy or Destruction, when applied to a well, shall mean any action which causes the well to no longer produce or act as a conduit for the interchange of water.
(JI) EMERGENCY"Emergency." Emergency shall mean a circumstance which (1) causes an imminent threat of or actual contamination or pollution of the City’s groundwater, or (2) jeopardizes the health or safety of the people of this City, or (3) is likely to cause a substantial and immediate loss of property.
§ 07.09.040 Acts Prohibited, Permit Required.
(A) It shall be unlawful for any person to construct, modify or repair, abandon or destroy any well within the City, except by the City, unless such person has a valid permit issued by the Public Works Director for the specific action to be taken. (B) It shall be unlawful for any person to construct, modify or repair, abandon or destroy any well, unless such construction, modification or repair, abandonment or destruction is in Commented [MM1]: Just thinking it would be good to
specifically identify impacts to City water supply as a defined nuisance as justification for denial of a well permit.
Commented [JB2]: We use “private well” in paragraph C)
and D) below. Should we just define “private wells” as “all wells not owned or maintained by the City” - or something equivalent and then use “private well” throughout the
document?
Commented [TW3R2]: Removed “private” and just left
all references to well.
Commented [JB4]: Does ordinance apply to the City? Do
we need clauses like this (see private well comment above)? Commented [TW5R4]: The municipal code gives us the
authority. I don’t think the ordinance applies to the City. I have reviewed others and our language is consistent.
14.1 General Business Page 3
3 conformance with the terms and conditions contained in the permit issued by the Public Works Director.
(C) It shall be unlawful for any person to construct any private well, whether for domestic, industrial, or any other use. No permit shall be issued for construction of a well, if the property to be served is connected to the City’s water supply system, or the property is within city limits, or within 500 feet of a feasible connection point to the City’s water supply system. (D) It shall be unlawful for any person to modify an existing private well, and no permit shall be issued for modifications other than abandonment and destruction if the property is within city limits or within 500 feet of a feasible connection point to the City’s water supply system. (E) The Public Works Director may issue a permit for the construction, modification or repair of a supply well for domestic, commercial, or industrial purposes, for temporary use only, under the following conditions:
(1) City water mains are not in place adjacent to the property involved; (2) The City Engineer has determined that it is not economically feasible or desirable to extend the City’s water mains to serve the property at the time the request for service is made by the owner or lessee; and
(3) The Oowner of the property has executed an agreement for the discontinuance of the use of the well and capping of the same upon notice by the City Engineer. Such notice shall be given immediately following the installation of water mains adjacent to the property on which the well has been drilled.
§ 07.09.050 Meter Required.
All new wells constructed after the date of this ordinance are required to have a meter installed at the time of construction. In the event that a meter is not installed on an existing constructed private water well the Public Works Director may cause a meter to be installed, at the cost of the City. Existing private water wells are defined as those constructed prior to the effective date of this Ordinance. In the event any water well meter is not properly maintained by the Ownerwell owner, the Public Works Director may perform the necessary maintenance on the meter and recover the costs from the Oowner.
§ 07.09.055 Reporting Water Use.
The Oowner of each well within the City of Tulare on which a water meter has been installed shall allow the City access to read said meter annually on or about October 1 of each year and, not later than thirty (30) days thereafter. This information shall be reported to the Public Works Director as the amount of water pumped since the last meter reading. In the event the meter is Commented [JB6]: Do we have the authority to regulate
well construction within the County?
Commented [TW7R6]: Yes, per Tulare County. I double
checked that we have the authority.
Commented [JB8]: At a minimum should this be 500 feet
per paragraph C) and D) above.
Commented [TW9R8]: No, the 500’ requirement is what
got us where we are at. We needed to open it up more due to private roads.
Commented [JB10]: This would be okay as long as
engineering has an internal policy to establish economic feasibility (extending the City water main is 1.5 times the cost of the well, or something equivalent). Otherwise this becomes very arbitrary.
Commented [TW11R10]: Agree. Engineering would need
to create an internal policy.
Commented [JB12]: Abandonment?
Commented [TW13R12]: Tim is out. I will double check
the correct term with him.
14.1 General Business Page 4
4 not read and the amount pumped not reported to the Public Works Director in accordance with this Ordinance, he/she may cause the meter to be read by any lawful means. § 07.09.060 Permits.
(A) The application for the permit required by this ordinance shall be:
(1) Made in writing to the Public Works Director on such forms as he/she may prescribe, setting forth such information as he/she may require to carry out the purposes of this ordinance. (2) Signed by the applicant.
(B) The application shall be accompanied by any filing fee established for said applications by the City Council, through Resolution. No part of the filing fee is refundable. (C) Permits issued pursuant to this Ordinance by the Public Works Director may contain, and be subject to, such terms and conditions as the Public Works Director determines are necessary to carry out the purposes of this Ordinance. The Public Works Director shall deny any Application for a Permit if, in his/her determination, its issuance would tend to jeopardize the purposes of this Ordinance.
§ 07.09.070 Rules and Regulations.
The Public Works Director may adopt rules and regulations to implement and administer this Ordinance. Said rules and regulations shall be approved by the City Council. § 07.09.080 Cash Deposit or Security Bond.
Prior to the issuance of a Permit, the applicant shall post with the Public Works Director a cash deposit or security bond to guarantee compliance with any terms and conditions of the Permit and the proper performance of the work. Such cash and security bond shall be in the amount determined necessary by the Public Works Director to ensure compliance with this Ordinance, but in no event will such cash deposit or security bond be for an amount in excess of the total estimated cost of the work to be performed. The deposit or bond will be returned to the permittee upon satisfactory completion of the work.
§ 07.09.090 Suspension or Revocation of Permit.
(A) The Public Works Director may suspend or revoke a water well Permit issued under this Ordinance whenever the Public Works Director determines that any work performed under such a permit constitutes a Public Nuisance or when the applicant, his agents, employees, or the licensed well drilling contractor performing the work (1) violates any provision of this Ordinance or any terms and conditions of the permit, or (2) misrepresents any material fact(s) in the Permit Application.
14.1 General Business Page 5
5 (B) Before the Public Works Director suspends or revokes a water well permit, the Public Works Director shall make reasonable effort to notify the landowner where the well is located or the licensed well drilling contractor performing work on the well. § 07.09.100 Appeal.
Any person whose Permit Application has been denied, granted conditionally, or any person who’swhose Permit has been suspended or revoked, may appeal to the City Council:
(A) Said person shall file a Notice of Appeal with the City Clerk on or before the 14th calendar day following the date of decision by the Public Works Director. (B) The matter shall be scheduled for hearing before the City Council, no later than 30 days following receipt of the Appeal, absent mutual agreement to the contrary. The Appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued, upon mutual consent. At the time of the hearing the appealing party, the Public Works Director, and any other interested person may present such relevant evidence as he or she may have, relating to the determination from which the appeal is taken.
(C) Based upon the submission of such evidence and any other relevant material including city files, the City Council shall issue a decision upholding, modifying, or reversing the determination from which the appeal is taken. Notice of Decision shall be given within 14 days following submission of the matter to the Council and shall state the reasons for the Decision.
Any notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the fifth calendar day following the date of mailing. § 07.09.110 Public Nuisance.
Upon finding by the Public Works Director that a well may cause contamination or pollution to the groundwater or is a threat to the public health, safety or welfare, such well shall constitute a Public Nuisance. The Public Works Director may take any action necessary to abate such Public Nuisance. The owner of the property upon which the well is located and / or the permittee for such well shall be liable for any and all costs incurred by, or at the request of, the Public Works Director in the abatement of said Public Nuisance. § 07.09.120 Inspection.
The Public Works Director or his/her designee(s) may, at any and all reasonable times (absent an emergency, reasonable times exclude any time of day on weekends or holidays and prior to 8am or after 6pm on weekdays), enter any and all places, property, enclosures and structures for the purpose of examining or investigating the construction, modification or repair, abandonment, or destruction of wells.
14.1 General Business Page 6
6 § 07.09.130 Backflow Prevention of Existing Auxiliary Water Supply Wells (California Administrative Code Title 17)
The water purveyor has the primary responsibility to prevent water from unapproved sources entering the public water supply system. Each service connection from a public water system supplying water to premises having an auxiliary water supply (well) shall be protected against backflow of water from the premises into the public water system by the installation of a Cityapproved reduced pressure principle backflow prevention device installed at the public water supply meter connection. It shall be the responsibility of the water user to provide protective devices as required under this Code. It shall be the duty of the water user on any premise for which backflow protective devices are installed to have a competent licensed inspection and test performed at least once per year at the expense of the water user. § 07.09.140 Violation-Penalty.
(A) It shall be unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions herein shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from a misdemeanor to an infraction.
(B) Any person convicted on a misdemeanor under this chapter shall be punished by a fine not to exceed $2,500 or by imprisonment not exceeding six months, or by both the fine and imprisonment.
(C) Any person convicted of an infraction under this chapter shall be punished by:
(1) A fine not exceeding $50 for a first violation;
(2) A fine not exceeding $100 for a second violation of this chapter within one year; and (3) A fine not exceeding $250 for each and every additional violation of this chapter within one year.
(D) Each day that a violation continues shall be regarded as a new and separate offense. (E) In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney’s fees, related to the enforcement of this chapter. § 07.09.150 Notification of violation.
14.1 General Business Page 7
7 Whenever the Public Works Director finds that any user has violated or is violating this chapter, the Public Works Director may serve upon the owner of the property upon which the well is located and / or the permittee for such well a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the the owner of the property upon which the well is located and / or the permittee for such well to the Public Works Director. Submission of this plan in no way relieves the owner of the property upon which the well is located and / or the permittee for such well of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
14.1 General Business Page 8
ORDINANCE 2024-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING CHAPTER 07.09 (WELLS) OF TITLE 7, HEALTH AND
SANITATION, OF THE MUNICIPAL CODE, ESTABLISHING POLICIES FOR THE
CONSTRUCTION, MODIFICATION, REPAIR, ABANDONMENT, OR DESTRUCTION OF
WELLS IN THE CITY
WHEREAS, the State of California has adopted the 2014 Sustainable Groundwater Management Act (SGMA) to assist local agencies in managing sustainable groundwater basins; and
WHEREAS, local agencies are the primary institutional entities to manage groundwater within the State of California; and
WHEREAS, it is imperative that local agencies manage the use of groundwater in a manner that can assure it will be maintained during the planning and implementation horizon without causing undesirable results; and
WHEREAS, areas of California are experiencing overdraft conditions within their groundwater basins and local agencies need to monitor and manage those conditions so as to assure reasonable base water usage, safe yield, and manage overdraft conditions; and WHEREAS, the Council desires to limit the number of private wells within its managed groundwater basin to assure adequate water to accommodate planned development and growth; and
WHEREAS, the assurance that all water users within the City can connect into the City’s water system necessitates the above monitoring and management objectives to comply with the Sustainable Groundwater Management Act.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. Title 7 of the Tulare Municipal Code, Chapter 07.09 (Wells) is hereby repealed and replaced with the following:
CHAPTER 7.09: WELLS
Sections:
07.09.010 Title.
07.09.020 Legislative intent.
07.09.030 Definitions.
07.09.040 Acts prohibited; Permit required.
07.09.050 Meter required.
07.09.055 Reporting water use.
07.09.060 Permits.
07.09.070 Rules and regulations.
07.09.080 Cash deposit and security bond.
07.09.090 Suspension or revocation of permit.
07.09.100 Appeal.
07.09.110 Public nuisance.
14.1 General Business Page 9
ORDINANCE 2024-XX
07.09.120 Inspection.
07.09.130 Backflow prevention of existing auxiliary water supply wells.
07.09.140 Violation-Penalty.
07.09.150 Notification of violation.
07.09.010 Title.
This chapter shall be known and referred to as the Well Ordinance of the City of Tulare.
07.09.020 Legislative intent.
It is the purpose of this Ordinance to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the groundwater of this City will not be contaminated, polluted, or used in an unstainable manner, that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this City, and to monitor the amount of water pumped from wells.
07.09.030 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them.
ABANDON or ABANDONMENT. Abandon or Abandonment, when applied to a well, shall mean to cease maintenance or use of the well for a period of one (1) year.
CONTAMINATION. Contamination shall mean the impairment of the quality of water to a degree which creates, or may create a hazard, to the public health through poisoning or through spread of disease.
DESTROY or DESTRUCTION. Destroy or Destruction, when applied to a well, shall mean any action which causes the well to no longer produce or act as a conduit for the interchange of water.
EMERGENCY. Emergency shall mean a circumstance which (1) causes an imminent threat of or actual contamination or pollution of the City’s groundwater, or (2) jeopardizes the health or safety of the people of this City, or (3) is likely to cause a substantial and immediate loss of property.
PERSON. Person shall mean any individual, firm, partnership, general corporation, association, or governmental entity.
WELL. Well shall mean any artificial excavation for the purpose of extracting water from, or injecting water into, the ground, or for providing cathodic protection, or for making tests or observations of underground conditions, or for any other similar purpose. This definition shall not include: (1) oil, gas, or geothermal wells; or (2) wells used for the purpose of (a) dewatering excavation during construction or (b) stabilizing hillsides or earth embankments.
OWNER. The owner of the property upon which any well subject to this ordinance is located and / or the permittee for such well.
POLLUTION. Pollution shall mean the alteration of the quality of water, in full or part, which affects or may affect such water for beneficial uses. Pollution may include contamination.
14.1 General Business Page 10
ORDINANCE 2024-XX
PUBLIC WORKS DIRECTOR. Public Works Director shall mean the Public Works Director of the City of Tulare or his/her duly authorized representatives.
PUBLIC NUISANCE. Public Nuisance, when applied to a well, shall mean any action or omission which threatens to or which in fact contaminates or pollutes the groundwater, exacerbates overdraft conditions, adversely impacts the City of Tulare’s public water supply system, or otherwise jeopardizes the health, safety, and welfare of the public.
07.09.040 Acts prohibited; permit required.
(A) It shall be unlawful for any person to construct, modify or repair, abandon, or destroy any well within the City, except by the City, unless such person has a valid permit issued by the Public Works Director for the specific action to be taken. (B) It shall be unlawful for any person to construct, modify or repair, abandon, or destroy any well, unless such construction, modification or repair, abandonment or destruction is in conformance with the terms and conditions contained in the permit issued by the Public Works Director.
(C) It shall be unlawful for any person to construct any well, whether for domestic, industrial, or any other use. No permit shall be issued for construction of a well, if the property to be served is connected to the City’s water supply system, the property is within city limits, or within 500 feet of a feasible connection point to the City’s water supply system. (D) It shall be unlawful for any person to modify an existing well, and no permit shall be issued for modifications other than abandonment and destruction if the property is within city limits or within 500 feet of a feasible connection point to the City’s water supply system. (E) The Public Works Director may issue a permit for the construction, modification, or repair of a supply well for domestic, commercial, or industrial purposes, for temporary use only, under the following conditions:
(1) City water mains are not in place adjacent to the property involved; (2) The City Engineer has determined that it is not economically feasible or desirable to extend the City’s water mains to serve the property at the time the request for service is made by the owner or lessee; and
(3) The Owner has executed an agreement for the discontinuance of the use of the well and capping of the same upon notice by the City Engineer. Such notice shall be given immediately following the installation of water mains adjacent to the property on which the well has been drilled.
07.09.050 Meter required.
All new wells constructed after the date of this ordinance are required to have a meter installed at the time of construction. In the event that a meter is not installed on an existing constructed water well the Public Works Director may cause a meter to be installed, at the cost of the City. Existing water wells are defined as those constructed prior to the effective date of this Ordinance. In the event any water well meter is not properly maintained by the Owner, the Public Works Director may perform the necessary maintenance on the meter and recover the costs from the Owner.
14.1 General Business Page 11
ORDINANCE 2024-XX
07.09.055 Reporting water use.
The Owner of each well within the City of Tulare on which a water meter has been installed shall allow the City access to read said meter annually on or about October 1 of each year and, not later than thirty (30) days thereafter. This information shall be reported to the Public Works Director as the amount of water pumped since the last meter reading. In the event the meter is not read and the amount pumped not reported to the Public Works Director in accordance with this Ordinance, he/she may cause the meter to be read by any lawful means.
07.09.060 Permits.
(A) The application for the permit required by this ordinance shall be:
(1) Made in writing to the Public Works Director on such forms as he/she may prescribe, setting forth such information as he/she may require to carry out the purposes of this ordinance.
(2) Signed by the applicant.
(B) The application shall be accompanied by any filing fee established for said applications by the City Council through Resolution. No part of the filing fee is refundable. (C) Permits issued pursuant to this Ordinance by the Public Works Director may contain, and be subject to, such terms and conditions as the Public Works Director determines are necessary to carry out the purposes of this Ordinance. The Public Works Director shall deny any Application for a Permit if, in his/her determination, its issuance would tend to jeopardize the purposes of this Ordinance.
07.09.070 Rules and regulations.
The Public Works Director may adopt rules and regulations to implement and administer this Ordinance. Said rules and regulations shall be approved by the City Council.
07.09.080 Cash deposit or security bond.
Prior to the issuance of a Permit, the applicant shall post with the Public Works Director a cash deposit or security bond to guarantee compliance with any terms and conditions of the Permit and the proper performance of the work. Such cash and security bond shall be in the amount determined necessary by the Public Works Director to ensure compliance with this Ordinance, but in no event will such cash deposit or security bond be for an amount in excess of the total estimated cost of the work to be performed. The deposit or bond will be returned to the permittee upon satisfactory completion of the work.
07.09.090 Suspension or revocation of permit.
(A) The Public Works Director may suspend or revoke a water well Permit issued under this Ordinance whenever the Public Works Director determines that any work performed under such a permit constitutes a Public Nuisance or when the applicant, his agents, employees, or the licensed well drilling contractor performing the work (1) violates any provision of this Ordinance or any terms and conditions of the permit, or (2) misrepresents any material fact(s) in the Permit Application.
(B) Before the Public Works Director suspends or revokes a water well permit, the Public Works Director shall make reasonable effort to notify the landowner where the well is located or the licensed well drilling contractor performing work on the well.
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ORDINANCE 2024-XX
07.09.100 Appeal.
Any person whose Permit Application has been denied, granted conditionally, or any person whose Permit has been suspended or revoked, may appeal to the City Council:
(A) Said person shall file a Notice of Appeal with the City Clerk on or before the 14th calendar day following the date of decision by the Public Works Director. (B) The matter shall be scheduled for hearing before the City Council, no later than 30 days following receipt of the Appeal, absent mutual agreement to the contrary. The Appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued, upon mutual consent.
At the time of the hearing the appealing party, the Public Works Director, and any other interested person may present such relevant evidence as he or she may have, relating to the determination from which the appeal is taken.
(C) Based upon the submission of such evidence and any other relevant material including city files, the City Council shall issue a decision upholding, modifying, or reversing the determination from which the appeal is taken. Notice of Decision shall be given within 14 days following submission of the matter to the Council and shall state the reasons for the Decision. Any notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the fifth calendar day following the date of mailing.
07.09.110 Public nuisance.
Upon finding by the Public Works Director that a well may cause contamination or pollution to the groundwater or is a threat to the public health, safety, or welfare, such well shall constitute a Public Nuisance. The Public Works Director may take any action necessary to abate such Public Nuisance. The owner of the property upon which the well is located and / or the permittee for such well shall be liable for any and all costs incurred by, or at the request of, the Public Works Director in the abatement of said Public Nuisance.
07.09.120 Inspection.
The Public Works Director or his/her designee(s) may, at any and all reasonable times (absent an emergency, reasonable times exclude any time of day on weekends or holidays and prior to 8 a.m. or after 6 p.m. on weekdays), enter any and all places, property, enclosures, and structures for the purpose of examining or investigating the construction, modification or repair, abandonment, or destruction of wells.
07.09.130 Backflow prevention of existing auxiliary water supply wells. (California Administrative Code Title 17)
The water purveyor has the primary responsibility to prevent water from unapproved sources entering the public water supply system. Each service connection from a public water system supplying water to premises having an auxiliary water supply (well) shall be protected against backflow of water from the premises into the public water system by the installation of a City-approved reduced pressure principal backflow prevention device installed at the public water supply meter connection. It shall be the responsibility of the water user to provide protective devices as required under this Code. It shall be the duty of the water user on any premise for which backflow protective devices are installed to have a competent licensed inspection and test performed at least once per year at the expense of the water user.
07.09.140 Violation-Penalty.
(A) It shall be unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions herein shall constitute a
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ORDINANCE 2024-XX
misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from a misdemeanor to an infraction.
(B) Any person convicted on a misdemeanor under this chapter shall be punished by a fine not to exceed $2,500 or by imprisonment not exceeding six months, or by both the fine and imprisonment.
(C) Any person convicted of an infraction under this chapter shall be punished by:
(1) A fine not exceeding $50 for a first violation;
(2) A fine not exceeding $100 for a second violation of this chapter within one year; and
(3) A fine not exceeding $250 for each and every additional violation of this chapter within one year.
(D) Each day that a violation continues shall be regarded as a new and separate offense.
(E) In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney’s fees, related to the enforcement of this chapter.
07.09.150 Notification of violation.
Whenever the Public Works Director finds that any user has violated or is violating this chapter, the Public Works Director may serve upon the owner of the property upon which the well is located and / or the permittee for such well a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the owner of the property upon which the well is located and / or the permittee for such well to the Public Works Director. Submission of this plan in no way relieves the owner of the property upon which the well is located and / or the permittee for such well of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
SECTION 2. If any provision of the Tulare Municipal Code or Title 7 of the Ordinance Code of the City of Tulare, whether approved or adopted prior to or subsequent to Chapter 7.09 is in conflict therewith, the provisions of Chapter 7.09 shall govern.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
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ORDINANCE 2024-XX
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X.
Terry A. Sayre, President of the Council and
Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
14.1 General Business Page 15
Staff Report
Meeting: City Council
Date: December 3, 2024
Department: Community Development
Submitted by: Mario Anaya, Community Development Director Agenda Title: Cost Reimbursement for Parades and Events
RECOMMENDED ACTION
Provide direction to staff regarding cost reimbursement for parades and events in which the city expends funds.
SUMMARY
At the November 5, 2024 meeting, Tulare City Council requested to add an agenda item for discussion regarding cost reimbursement for parades and events in which the City expends funds. The following information was provided in the agenda item request:
The City has a policy that requires cost reimbursement for parades and events that are organized and conducted by various groups. This request is to review this policy as it relates to events and parades that occur as a result of a national holiday. An example of this is the annual MLK walk that will be held January 20, 2025. Exceptions should be narrow but are warranted under certain circumstances.
Parades and special events are reviewed by the City’s Site Plan Review Committee to coordinate and review with event organizers any requested street closures, event layout, emergency access, and other event particulars as they relate to public safety. Participating in Site Plan Review is free, so the only costs associated with parades and events would be the following:
• Hiring a licensed engineer to prepare a traffic control plan & paying a traffic safety company to put out and remove barricades and necessary traffic control signs (only required for events proposing to close public streets, such as the Tulare County Fair Parade or Tulare Christmas Parade).
• Hiring a motorcade service to escort participants of a parade or procession (only required for events where participants will be walking/traversing the public roadway, rather than just utilizing sidewalks and signalized crosswalks, such the annual T.D.E.S./St. Aloysius Holy Spirit Celebration Procession).
• Special Event Parade Application Fee $31.00 (only required for events requiring street closures or where participants will be walking/traversing in the public roadway) • Amplified Sound Permit Application Fee $22.00 (only required for events with amplified speech or music)
• Staffing Costs for events of regional or statewide significance that involves multiple agencies (for example World Ag Expo or the Tulare County Fair)
The only types of events where the City would be expending funds is for those regional or statewide significance events such as World Ag Expo and the Tulare County Fair, with those costs consisting of staff time for public safety personnel, along with services provided by neighboring jurisdictions, such as the County.
Item #: 14.2
General Business
14.2 General Business Page 1
In the past couple of years, events like the annual MLK walk have only gone through Site Plan Review and the only associated costs would be for an amplified sound permit (if using amplified sound). It was conveyed to staff that participants would be walking on the sidewalks and utilizing crosswalks. If participants intend to walk in the street roadway, then there would be the additional cost for the Special Event/Parade Application fee, and costs associated with hiring a motorcade service. It is staff’s understanding that in at least the last 2-3 years the Police Department does not provide complimentary motorcade services, nor does the City’s Streets Division implement complimentary traffic control services for these events put on by other organizations.
Furthermore, Tulare Municipal Code 8.70 focuses on Parades and Events and currently allows the city to impose fees to cover the cost of police services/escorts. A copy of Chapter 8.70 is attached to this staff report for reference. There currently is no particular reference to process or procedures specific to events occurring as a result of a national holiday.
Upon Council discussion, staff is seeking Council input regarding the adequacy of the existing requirements in the Code and how staff has been implementing the processing and permitting for parades and events, as well as direction on any proposed revisions to the attached municipal code chapter or the costs associated with parades and events in the city.
FISCAL IMPACT & FUNDING SOURCE(S)
If it is Council’s intent to facilitate and cover the costs for certain parades and events, staff requests direction on the source of additional funds.
One potential option is the Council’s Community Improvement discretionary funds. A summary of the current fund balance is below:
Account Current Balance
001-4010-2117 Community Improvement – District 1 $2,500 001-4010-2217 Community Improvement – District 2 $2,500 001-4010-2317 Community Improvement – District 3 $1,476.75 001-4010-2417 Community Improvement – District 4 $2,500 001-4010-2517 Community Improvement – District 5 $2,125
LEGAL REVIEW
Legal review is currently not required for this item.
ALTERNATIVE ACTION
1. Approve Council-directed requests for changes to the Code text and procedures for parades and events.
2. Deny any changes to the Code text and procedures for parades and events. The current existing Code language and procedures for parades and events will continue to be followed by staff.
3. Table this item until a future date, as determined by Council. The current existing Code language and procedures for parades and events will continue to be followed by staff.
ATTACHMENTS
1. TMC Chapter 8.70 Parades and Events
Reviewed/Approved: JM
14.2 General Business Page 2
CHAPTER 8.70: PARADES AND EVENTS
Section
8.70.010 Purpose.
8.70.020 Definitions.
8.70.030 Persons obstructing streets.
8.70.040 Obstructing entrances to public assemblages.
8.70.050 Permit required—Parades and events.
8.70.060 Enforcement officer designated.
8.70.070 Permit—Application.
8.70.080 Permit—Issuance.
8.70.090 Amplified sound.
8.70.100 Police Department fees.
8.70.110 Demonstration equipment prohibited.
8.70.120 Indemnification and insurance.
8.70.130 Permit—Use.
8.70.140 Transfer of permit.
8.70.150 Revocation of permit.
8.70.160 Public conduct.
§ 8.70.010 Purpose.
The purpose of this chapter is to regulate parades occurring on, upon, or along any city street, sidewalk, alley, or other public way to ensure the safety of parade participants and observers, promote the free flow of vehicular and pedestrian traffic, and facilitate multiple uses of such property. (Ord. 09-17, passed 12-15-2009)
§ 8.70.020 Definitions.
The following words and terms when used in this chapter shall have the meanings herein ascribed to them.
EXPRESSIVE ACTIVITY. The sole or principal object of which is the expression, dissemination, or communication of opinion, views, or ideas by verbal, visual, literary, or auditory means.
PARADE. Any parade, march, rally, protest, picketing, assembly, vigil, ceremony, show, review, exhibition, pageant, motorcade, athletic event or procession of any kind, or any similar display, which is to assemble or travel in unison on, upon, or along any portion of any public street, sidewalk, alley or other public way and which:
(1) Does not comply with the normal and usual traffic regulations or controls, or (2) Is likely to impede, obstruct, impair or interfere with the free use of such public street, sidewalk, alley, or other public way.
PARADE ORGANIZER. Any person who conducts, manages, promotes, organizes, aids or solicits attendance at a parade.
STREET, SIDEWALK, ALLEY, OR OTHER PUBLIC WAY. Includes all streets, highways, avenues, lanes, sidewalks, alleys, and other public ways in the city open to public use for purposes of vehicular or pedestrian travel. (Ord. 09-17, passed 12-15-2009)
§ 8.70.030 Persons obstructing streets.
No person shall loiter or stand or sit in or upon any public street, highway, lane, alley, sidewalk or crosswalk in the city so as to, in any manner, hinder or obstruct the free passage therein of persons or vehicles passing along the same, or so as, in any manner, to annoy or molest persons passing along the same. (Ord. 09-17, passed 12-15-2009)
§ 8.70.040 Obstructing entrances to public assemblage.
No person shall loiter or stand or sit in or at the entrance to any church, hall, theater or any place of public assemblage in
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the city so as to, in any manner, obstruct the entrance. (Ord. 09-17, passed 12-15-2009)
§ 8.70.050 Permit required—Parades and events.
No person shall hold, manage, conduct, carry on or cause or permit to be held, conducted or carried on, any parade, march or procession of any kind; or hold, conduct or address any assemblage, meeting or gathering of persons or make or deliver any public speech, lecture or discourse or conduct or take part in any public debate or discussion; or make any display of or use, beat or operate any wind instrument, stringed instrument or musical instrument in or upon any public street, sidewalk, public park or public place in the city without having first obtained from the City Manager a written permit so to do. Funeral processions are exempt from obtaining permits. (Ord. 09-17, passed 12-15-2009)
§ 8.70.060 Enforcement officer designated.
It shall be the duty of the City Manager, or his or her designee, to enforce the provisions of this chapter. (Ord. 09-17, passed 12-15-2009)
§ 8.70.070 Permit—Application.
Every person desiring to carry on, engage in or do any acts set forth or regulated by this chapter shall first make a written application to and secure from the City Manager a written permit therefore and which permit shall be signed by the applicant if he or she be an individual, or by the managing agent thereof if the applicant be a firm, corporation or association. (A) Place and time for filing. Applications shall be filed with the City Clerk's Office and shall be filed not less than ten calendar days before the proposed date of the parade.
(B) Application fee. All applications, except for events that qualify as an expressive activity, shall be submitted with payment of a nonrefundable fee.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.080 Permit—Issuance.
(A) Review by City Manager. Upon the filing of complete application for a parade permit, the City Manager, or his or her designee, shall review for compliance with this section. (B) Action on permit application.
(1) The City Manager, or his or her designee, shall approve any application for a permit if the following criteria have been met:
(a) The proposed parade will not substantially disrupt vehicular traffic, public transportation, or pedestrian traffic within the city;
(b) The proposed parade will not unreasonably interfere with access to police or fire stations, or other public safety facilities;
(c) The proposed parade would not present unreasonable danger to the health, safety, or welfare of the applicant, spectators, city employees, or members of the public;
(d) The parade is not proposed for a time and place for which another parade permit has been or will be issued to a prior applicant;
(e) There is sufficient on-street and/or off-street parking to accommodate parade participants; (f) The proposed area for the assembly or route of the parade will physically accommodate the number of participants expected to participate in the parade;
(g) The application is complete and does not contain fraud, misrepresentation or false statement; (h) The applicant has not violated any provision of this chapter; (i) The applicant's permit has not been previously revoked as provided in this chapter. (2) The City Manager, or his or her designee, may condition any permit approved pursuant to division (B)(1) of this section with reasonable time, place and manner regulations to protect the public health, safety and welfare, to facilitate multiple uses of public property, to prevent dangerous, unlawful or impermissible uses of public property, and to regulate vehicular and pedestrian traffic; provided, that such conditions shall not be imposed in a manner that will unreasonably restrict expressive activity or other conduct protected by the California or United States Constitutions. Conditions that may be imposed on a parade permit include, but are not limited to:
(a) The accommodation of the parade's pedestrian and vehicular traffic, including the restriction of parade participants to city sidewalks, or portions of city streets or other public ways;
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(b) Conditions designed to lessen interference with public safety and emergency service access; (c) The provision and use of barricades and/or police escort; (d) Noise restrictions.
(3) The City Manager and the Chief of Police, or their designees, shall review for approval any applications for expressive activity.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.090 Amplified sound.
Any event proposing the amplification of sound must comply with § 6.40.050 of Chapter 6.40 of Title 6 of this Code. A separate administrative fee will be applied for processing an amplified sound permit. (Ord. 09-17, passed 12-15-2009)
§ 8.70.100 Police Department fees.
Additional fees may be imposed by the Police Department, if it is requested by the applicant or determined by the Chief of Police that police escorts are needed for the event.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.110 Demonstration equipment prohibited.
(A) No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly, any length of lumber, wood, or wood lath unless that object is one-quarter inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such objects shall not exceed one-half inch in its thickest dimension. (B) No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly, any metal standards or poles, or objects with sharpened, pointed or jagged surfaces. (Ord. 09-17, passed 12-15-2009)
§ 8.70.120 Indemnification and insurance.
(A) Indemnification agreement. Each applicant shall execute a hold harmless agreement in a form approved by the City Attorney agreeing to defend, protect, indemnify and hold the city, its officers, employees, agents, and volunteers free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted parade.
(B) Insurance.
(1) Prior to the issuance of a permit, the applicant shall obtain general liability insurance from an insurance company licensed to do business in the state of California and having a rating in Best's Insurance Guide of at least "B." Such insurance shall be in an amount of at least $1,000,000 combined single limit. If the applicant intends to use vehicles in activities associated with the permit, the applicant shall obtain automobile liability insurance from an insurance company licensed to do business in the state of California and having a rating in Best's Insurance Guide of at least "B" in an amount of at least $1,000,000 per accident. Proof of insurance shall be filed with Human Resources/Risk Management and such insurance shall remain in full force and effect for the duration of the permitted parade. (2) Applicants who intend to engage in expressive activity are exempt from providing insurance, unless there is a specific demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant's conduct of previous parades in the city that are similar to the proposed parade. (Ord. 09-17, passed 12-15-2009)
§ 8.70.130 Permit—Use.
A permittee shall comply with all permit conditions, and with all applicable laws and ordinances. The parade organizer or other person heading or leading the parade shall carry the parade permit upon his or her person during the conduct of the parade and shall exhibit the permit upon the request of any city official. (Ord. 09-17, passed 12-15-2009)
§ 8.70.140 Transfer of permit.
All permits issued pursuant to this chapter shall be nontransferable and nonassignable and shall be for one act or action and for but one place or course.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.150 Revocation of permit.
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The City Manager or Chief of Police shall have the authority to revoke any permit granted by it, without notice, for any violations of these regulations or if deemed for the best interests of the public peace, health and safety of the city and the inhabitants thereof.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.160 Public conduct.
(A) No person shall unreasonably hamper, obstruct, impede or interfere with any parade or with any person, vehicle, or animal participating or used in a parade.
(B) Except for emergency vehicles, no driver of a vehicle shall drive between the vehicles, animals, or persons comprising a parade when such vehicles, animals or persons are conspicuously designated as a parade. (C) The city shall, when necessary for the safety and protection of parade participants and observers, to prohibit or restrict the parking of vehicles along the street or part thereof constituting a part of the route of a parade. (Ord. 09-17, passed 12-15-2009)
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Staff Report
Meeting: City Council
Date: December 3, 2024
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director Agenda Title: Annual ROPS and Administrative Budget
RECOMMENDED ACTION
Adopt a resolution approving and adopting the Recognized Obligation Payment Schedule (“ROPS”) for the July 1, 2025 through June 30, 2026 period and the Fiscal Year 2025-26 Administrative Budget.
SUMMARY
Redevelopment agencies were dissolved statewide in 2012. The City of Tulare (“City”) elected to serve as the Successor Agency to the Tulare Redevelopment Agency (“Successor Agency”). It is responsible for winding down former Tulare Redevelopment Agency (“Former RDA”) obligations. State law requires the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) on an annual basis to request funding for payments owed in the upcoming fiscal year. The Successor Agency must also prepare an administrative budget for the upcoming fiscal year.
The ROPS must be approved by the Oversight Board to the Successor Agency (“Oversight Board”) and submitted to the California Department of Finance (“DOF”). The ROPS for the period July 1, 2025 through June 30, 2026 (“25-26”), attached as Exhibit “A,” is due to DOF by February 1, 2025. A copy of the ROPS must also be submitted to the Tulare County Auditor-Controller (“Auditor-Controller”) and the State Controller’s Office and posted on the City’s website.
The ROPS requests funding for enforceable obligations from the Redevelopment Property Tax Trust Fund (“RPTTF”), or property tax increment revenue, as well as reserve balances and other funds. All ROPS expenses and funding sources must be approved by the Oversight Board and DOF.
The Tulare ROPS 25-26 requests $2,444,916 in expenses, of which $1,727,054 is from RPTTF, and $717,862 is from Reserve Balance. The following sections elaborate on the enforceable obligations listed on the ROPS and significant aspects of the Cash Balances.
Debt Service Payments (Items 21 through 24)
The 2017 Bond Indenture of Trust requires the Successor Agency to request funding for each calendar year’s debt service in the ROPS B period. The ROPS 25-26 requests to spend $717,862 in a reserve balance set aside from the ROPS 24-25 to pay debt service due in August 2025, $279,527 in RPTTF to pay debt service due in February 2026, and $739,527 in RPTTF as a reserve for debt service due in August 2026.
City-Redevelopment Agency Loan (Item 12)
The City and the Former RDA entered into a Loan Repayment Agreement (“Agreement”) on April 20, 2010, which was subsequently amended on June 29, 2010, February 1, 2011, and March 9, 2011 (“Third Amendment”). In order to assist the Former RDA in carrying out its redevelopment activities, the City advanced funds to the Former RDA from time to time in accordance with cooperation agreements for individual redevelopment projects. The Third Amendment formally acknowledged the amount of outstanding advances and established formal repayment terms for the Agreement (“City-RDA Loan”).
State law limits annual payments on the City-RDA Loan to one half of the difference between the previous Fiscal Year’s residual revenue and the Fiscal Year 2012-13 residual revenue. Residual revenue is the Item #: 15.1
Successor Agency
15.1 Successor Agency Page 1
amount of RPTTF revenue—property taxes distributed by the Auditor-Controller—available after deducting ROPS obligations, administrative fees, and taxing agency pass-through payments.
The County approved Fiscal Year 2012-13 residual RPTTF is $2,502,897. Although the Successor Agency disputes this value and believes it should be $1,524,880, for the purpose of our estimates we are assuming the Fiscal Year 2012-13 residual RPTTF will be $2,502,897. The Fiscal Year 2024-25 residual RPTTF is projected to be approximately $2.6 million, resulting in a maximum payment of approximately $68,461:
$2,639,818 - $2,502,897 = $136,921 / 2 = 68,461
The actual FY 2025-26 City-RDA Loan payment cannot be calculated until after the January 2025 RPTTF distribution, which was unavailable at the time the ROPS was prepared. The ROPS requests $600,000 in case the actual amount of residual RPTTF distributed in January 2025 permits a higher loan repayment amount.
Land O’ Lakes Agreement (Item 4)
The request for payment to Land O’ Lakes (Item 4) is based on an agreement with the dairy processor.
The requested amount has been reduced to $0 due to the agreement end date having passed on June 30, 2024. However, payments may be extended to July 19, 2026 if certain conditions are met and it is for this reason that this item is not slated for retirement.
To receive payment, Land O’ Lakes is required to submit documentation to the City showing its employment level in the City, as specified in the agreement. If the employment level decreases below 350 full-time equivalent employees, the Successor Agency can reduce or eliminate the payments. To date, Land O’ Lakes has submitted documentation showing it has met the employment threshold every year since the agreement.
Other Obligations
The Successor Agency is required to prepare an Administrative Budget and submit it to the Oversight Board for approval. The Successor Agency is requesting $100,000 (ROPS Item 14). An Administrative Budget for the fiscal year is attached as Exhibit “B” to the accompanying resolution.
The Successor Agency requests $3,000 in RPTTF to pay for LRPMP Property Disposition Costs (Item 26) associated with selling a Successor Agency property.
The Successor Agency requests $4,000 to pay fiscal agent fees on the 2017 Bonds (Item 6) and $1,000 to cover the cost of preparing a required annual continuing disclosure that describes the security of the 2017 Bonds (Item 25). Both are required aspects of the 2017 Bonds’ management.
In total, the Successor Agency requests to receive and spend $1,727,053 of RPTTF in Fiscal Year 2025-
26. In addition, the Successor Agency requests to spend $717,862 in reserves set aside from Fiscal Year 2025-26 on August 1, 2025 debt service.
Cash Balances
The Report of Cash Balances shows cash balance activity in FY 2022-23. Funds are being spent in a timely manner and consistent with the approvals of the Oversight Board and DOF. The Cash Balances page helps the Successor Agency to identify other funds available to spend on enforceable obligations.
The estimated remaining available cash balance that DOF may use in-lieu of RPTTF as of FY 22-23 is $0. There was no available cash balance from Reserve Balance funds or RPTTF.
ROPS 22-23 Prior Period Adjustment
As required by HSC section 34186(c), the Successor Agency prepared a reconciliation between approved and actual payments on enforceable obligations from the ROPS covering Fiscal Year 2022-23 and submitted this reconciliation to the County Auditor-Controller by October 1, 2024. The reconciliation
15.1 Successor Agency Page 2
showed a difference of $527,363 between approved and actual expenditures. This amount will be applied to expenditures in Fiscal Year 2025-26.
FISCAL IMPACT & FUNDING SOURCE(S)
ROPS 25-26 must be approved by the Successor Agency and Oversight Board and submitted to the State Department of Finance (“DOF”) by February 1, 2025 for the Successor Agency to receive RPTTF, administered by the Tulare County Auditor-Controller (“Auditor-Controller”), and pay enforceable obligations during the ROPS 25-26 period. If the ROPS is not submitted on time, the Successor Agency may be subject to a $10,000 penalty per day.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution
Reviewed/Approved: JM
15.1 Successor Agency Page 3
RESOLUTION 2024-01
A RESOLUTION OF SUCCESSOR AGENCY TO THE FORMER TULARE
REDEVELOPMENT AGENCY ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE JULY 1, 2025 THROUGH JUNE 30, 2026 PERIOD AND THE FISCAL YEAR 2025-26 ADMINISTRATIVE BUDGET
WHEREAS, the City of Tulare elected to serve as the Successor Agency to the former Tulare Redevelopment Agency (“Successor Agency”) pursuant to Assembly Bill x1 26 (“ABx1 26”) as codified in the California Health & Safety Code (“HSC”); and WHEREAS, ABx1 26 was amended by Assembly Bills 1484 and 471 and Senate Bill 107 (collectively, the “Dissolution Act”); and
WHEREAS, among the duties of successor agencies under the Dissolution Act as amended is the preparation of an annual Recognized Obligation Payment Schedule (“ROPS”), per HSC Section 34177 (I), that includes the ensuing two six-month periods for consideration by an oversight board and the California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the former Redevelopment Agency; and WHEREAS, HSC Section 34177 (I) further requires that the proposed ROPS be transmitted to the oversight board, after which time the oversight board may approve the ROPS and the Successor Agency’s transmittal of the adopted ROPS to DOF, the County AuditorController, and the State Controller’s Office for their consideration; and WHEREAS, the Tulare County Consolidated Oversight Board ("Oversight Board"), formed July 1, 2018, has jurisdiction over the Successor Agency; and WHEREAS, the proposed ROPS 25-26 covering Fiscal Year 2025-26, attached hereto as Exhibit “A”, has been prepared and is consistent with the provisions of the Dissolution Act and in the format made available by DOF; and
WHEREAS, the Successor Agency is required to prepare an annual administrative budget and submit it to the Oversight Board per HSC Section 34177 (j); and WHEREAS, the Successor Agency prepared the Fiscal Year 2025-26 Administrative Budget in accordance with the Dissolution Act, attached hereto as Exhibit “B”; and WHEREAS, the Oversight Board will review the ROPS 25-26 and Administrative Budget on January 10, 2025; and
WHEREAS, the Successor Agency desires to approve the ROPS 25-26 and the Fiscal Year 2025-26 Administrative Budget and transmit them to various parties as required by the Dissolution Act.
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the former Tulare Redevelopment Agency, as follows, to wit:
Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
15.1 Successor Agency Page 4
Resolution 2024-01
Section 2. The Successor Agency hereby approves and adopts the ROPS 25-26 covering the period of July 1, 2025 to June 30, 2026 in substantially the form attached hereto as Exhibit A, as required by the Dissolution Act. The Successor Agency accepts changes made by the Consolidated Oversight Board in advance in order to enable the Successor Agency to submit the ROPS 25-26 to DOF by the deadline of February 1, 2025.
Section 3. Pursuant to the Dissolution Act, the Successor Agency approves the Fiscal Year 2025-26 Administrative Budget for the period July 1, 2025 to June 30, 2026 submitted herewith as Exhibit B, which is incorporated herein by this reference.
Section 4. The City Manager or another representative of the Successor Agency is hereby authorized and directed to post a copy of the ROPS 25-26 on the City’s website and transmit a copy of the ROPS 25-26 to the offices of the Tulare County Auditor-Controller, the State Controller’s Office, and the State of California Department of Finance.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 3rd day of December 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Terry A. Sayre, President of the Council and
Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
15.1 Successor Agency Page 5
Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Tulare
County: Tulare
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 717,862 $ - $ 717,862 B Bond Proceeds - - -
C Reserve Balance 717,862 - 717,862
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 708,000 $ 1,019,054 $ 1,727,054 F RPTTF 608,000 1,019,054 1,627,054
G Administrative RPTTF 100,000 - 100,000
H Current Period Enforceable Obligations (A+E) $ 1,425,862 $ 1,019,054 $ 2,444,916 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
15.1 Successor Agency Page 6
Tulare
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$55,824,490 $2,444,916 $- $717,862 $- $608,000 $100,000 $1,425,862 $- $- $- $1,019,054 $- $1,019,054 4 Owner
Participant
Agreement
OPA/DDA/
Construction
04/21/
2011
07/19/2026 Land 'O
Lakes Inc
Payment
per OPA
Downtown/
Alpine
- N $- - - - - - $- - - - - - $-
6 US Bank Fees 06/30/
2011
08/01/2040 U S Bank Trustee for
bonds
All Areas 64,000 N $4,000 - - - 4,000 - $4,000 - - - - - $- 12 City of
Tulare -
Loan
City/County
Loan (Prior
06/28/11),
Cash
exchange
03/09/
2011
08/01/2040 City of
Tulare
Loan for
various
projects in
project
area
All Areas 14,542,946 N $600,000 - - - 600,000 - $600,000 - - - - - $- 14 Salary &
Benefits,
consultants
and
Attorney
Cost
Admin
Costs
02/01/
2012
06/30/2067 City of
Tulare
Salary and
Benefits,
consultants
and
attorney
costs
All Areas 2,500,000 N $100,000 - - - - 100,000 $100,000 - - - - - $- 21 2017 Tax
Allocation
Refunding
Bonds -
Series A
Refunding
Bonds
Issued After
6/27/12
02/01/
2017
08/01/2040 U S Bank Bonds
issued to
refund
2010
bonds
All Areas 9,337,575 N $434,500 - 301,400 - - - $301,400 - - - 133,100 - $133,100 22 2017 Tax
Allocation
Refunding
Bonds -
Series B
Refunding
Bonds
Issued After
6/27/12
02/01/
2017
08/01/2040 U S Bank Bonds
issued to
refund
2010
bonds
All Areas 10,011,697 N $562,889 - 416,462 - - - $416,462 - - - 146,427 - $146,427 23 Reserve
for 2017
Tax
Allocation
Refunding
Bonds -
Series A
Reserves 02/01/
2017
08/01/2040 U S Bank Reserve
for next
period's
debt
service
payment
All Areas 9,337,575 N $313,100 - - - - - $- - - - 313,100 - $313,100 24 Reserve
for 2017
Tax
Allocation
Refunding
Bonds -
Series B
Reserves 02/01/
2017
08/01/2040 U S Bank Reserve
for next
period's
debt
service
payment
All Areas 10,011,697 N $426,427 - - - - - $- - - - 426,427 - $426,427
15.1 Successor Agency Page 7
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
25 2017
Bonds
Continuing
Disclosure
Fees 02/01/
2017
08/01/2040 City of
Tulare
Continuing
Disclosure
prepared
by City
staff
All Areas 16,000 N $1,000 - - - 1,000 - $1,000 - - - - - $- 26 LRPMP
Property
Disposition
Costs
Property
Dispositions
07/01/
2021
06/30/2022 RSG; Craig
Smith &
Associates;
Troy Guy -
Broker;
Anderson
Real
Estate
Group
Broker
opinions of
value and
other costs
of property
disposition
not paid
from sale
proceeds
All Areas 3,000 N $3,000 - - - 3,000 - $3,000 - - - - - $-
15.1 Successor Agency Page 8
Tulare
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
1,543,588 652,026 585,857 "E): $1,268,902 and $205,700 for 2017 TAB Reserve in ROPS 22-23 + $68,986 in RPTTF
reserve for ROPS 23-24; F): $344,503 in
Other Funds for RPTTF reserve for ROPS
23-24 + $307,523 in Other Funds for ROPS
22-23; G): $254,885 om 19-20 PPA for ROPS
22-23 + $330,972 in 21-22 PPA for ROPS
24-25"
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
1,629,165 RPTTF Distribution
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
1,474,602 307,523 344,145 "E): $1,268,902 and $205,700 for 2017 TAB Reserve in ROPS 22-23; F): $307,523 in
Other Funds for ROPS 22-23; G): RPTTF
expenditures"
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
68,986 344,503 1,343,514 "E): $68,986 in RPTTF reserve for ROPS 23-24; F): $344,503 in Other Funds for
RPTTF reserve for ROPS 23-24; G):
$330,972 in 21-22 PPA for ROPS 24-25 +
15.1 Successor Agency Page 9
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
$51,211 and $961,331 for RPTTF reserve for
ROPS 23-24"
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required 527,363 22-23 PPA
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $-
15.1 Successor Agency Page 10
Tulare
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
4 6
12 14
21 22
23 24
25 26
15.1 Successor Agency Page 11
Expense Category Responsibility
Budget
Amount
Personnel Costs
City Manager Department • Provide direction to other staff and consultants as needed $ 10,400 City Attorney Department • Provide general legal services as needed • Review staff reports and resolutions
6,700
Finance Department
• Process payment of enforceable obligations
• Maintain documentation of Agency records
• Coordinate with consultant to answer questions and
provide documentation as requested by Oversight Board,
County Auditor-Controller, and Department of Finance
12,100
Successor Agency Staff • Administration and implementation of Agency wind-down 20,800 Total Personnel Costs $ 50,000
Services
Consultants
• Prepare ROPS, PPA, staff reports, and resolutions
• Assist with calculations for and administration of the Land O' Lakes Owner Participation Agreement
• Coordinate with and answer questions for Oversight
Board, County Auditor-Controller, and Department of
Finance
• Monitor and project cash flow to ensure sufficient
revenues for obligations and to inform Agency staff of
expected revenues
$ 25,000
Financial Services • Audits and other financial services as needed $ 25,000 Total Services Costs $ 50,000
Total Budget
Total Budget Costs $ 100,000
ATTACHMENT B
Successor Agency to the Tulare Redevelopment Agency
Administrative Budget
July 1, 2025 – June 30, 2026
15.1 Successor Agency Page 12