D. There shall be no required interioT side building setback. except where the side lot line abuts a residentially zoned parcel or sensitive receptor then the minimum side building setback area shall be z:58, 1000 feet.
10.28-1 30 Screening, rences, and walls.
A. Fences, walls, and hedges in the M- 1 zone shall confonn to the following standards:
9 13.1 Public Hearing Page 451
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
1. Where au existing industrially z:ened use is within 900 feet of a sensitive receptor 11djeins a site that is 1esideHti11II~ z:elled, a minimum se'l'elrten-foot-tall solid noise barrier wall shall separate the industrial development from the adjoining residential district. Tbe Director may allow fence and wa ll heights to be increased in order to mitigate noise problems documented by a noise study.
10.28.150 General provisions and standards
A. Mechanical equipment shall be located a minimum of~ 1000 feet from a rear or side lot that abuts a residentially zoned prope1ty or sensitive receptor.
B. All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, ·trash, and debris. Any violation of this code shall be enforced by code enforcement and rectified by the property owner within two days of receiving a violation notice.
C. New development may be requi red to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engine-er, including sewer, water, and storm drainage lines, curbs, gutters and sidewalks, street paving, street lightlog, and trash enclosures. These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications Manual and shall be i11stalled prior to occupancy of any strucnrres on the site. The project developer will assume all costs for public inji·astructure to avoid a financial impact and ensure the provision of services will not impact the City and its taxpayers.
10.30 Heavy industrial z~me
10.30.010 Purpose and application
... The purpose of the Heavy lndustrial (M-2) District is to provide locations for heavy jndustrial uses unsuited to other locations in the community, p1otcct i1tdust1ial a,eas .h0111 lhe i1Hn1,io1~ while protecting existing residential neighborhoods and sensitive receptors from the encroachment <f incompatible types of land uses: adhere to performance standards provided for the protection or Tulare residents, residents in the sphere of influence, and the environment, and to provide industrial employment opportunities for residents of the City of Tulare.
10 13.1 Public Hearing Page 452
LEADERSHIP COUNSEL - -----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
The objectives of the M-2 district are:
C. To minLm.ize traffic congestion, while providing an efficient circulation system to mitigate trt!ffic impacts on mads serving residential and commercial uses adjacent to sensitive land uses.
D. To lllinimize impacts on the environment and nearby sensirive receptors E. To ensure the development of heavy industrial a.11d service commercial and sen,ice use is compatible with the surrounding land uses.
F. To ensure the new developmelll and impacts will n01 encroach on the existing residential communities.
G. To ensure the new development and impacts will not encroach on the existing residential commw·1ities CIIUI will not create or contribute to any significant impacts on residential communities or sensitive recepwrs within or outside the City o.fTI1/are boundaries.
H. To ensure cumulative air quality irnpacts from industrial facilities will not create significant environmental impacts on residential and other sensitive land uses, especially in low-income neighborhoods.
10.30.060 Building setback areas
C. There shall be no required rear building setback except where the rear lot line abuts a residentially zoned parcel or sensitive re.ceptor then the setback shall be a minimum of ~ 10()0 feet.
D. There shall be no required interior side building setback, except where the side lot line abut.~ a residentially zoned parcel or sensitive receptor then !he minimum side building setback area shall be ~ / 000 feet.
E. The street side building setback area shall be a minimum oft-5 30/eet.
10.30. 130 Screening, fences, and walls
8. Feuces, walls, and hedges in the M-2 zone shall conform to the following standards:
l. Wbere an existing industrially 2ened sile &djeias a sile !hat is reside1llielly ~ use is within 900 .feel of a sensitive receptor, a minimum se¥en ten-foot tall solid noise barrier wall shall separate the industrial development from the adjoining residential district. The director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study.
II
13.1 Public Hearing Page 453
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
10.30.150 General provisions and standards
A. Mechanical equipment shall be located a minimum ofrSe 1000/eet from a rear or side lot line that abuts a residentially zoned property or sensitive receptor.
Development Standards and Site Design
Strong development standards and design guidelines can protect residential communities and other sensitive receptors near proposed polluting and noxious land uses. The Cily has the opportunity to establish consistent policies for the development and design of industrial uses, which can mitigate impacts on air, heat, noise, infrastructure, health, and the environment.
Proposed development and design standards arc minimal and do not meet state-recommended best practices and guide! ines, such as the Department of Justices Warehouse Best Practices, to avoid land use conflicts and implement sustainable development. To mitigate harm to nearby residential communities and other sensitive receptors, we recommend the following changes 10 the commercial district and industrial design guidelines:
10.50 Development Standards
10.50.010 Purpose
The purpose of this chapter is to establish developme111 s1andards m preserve. pro1ect, and promote the public health, safety. and general welfare of the city and its sphere of i11flue11ce to minimize environmental and health impacL~, and land use conflic1s.
10.50.030 Standards that apply in all zones
C. Ground vibration. No use shall be permitted to cause a steady state, eanh-borne oscillation beyond the project site. Ground vibration caused by moving vehicles. trains, aircraft, or temporary construction or demolition is exempt from tl1is requirement. Such vibraiion shall be mitigated io the maximum exrem feasible, i11c/uding bur ,wt limited to restricti11g con.\'tmction a11d reduci11g hours of operation to ensure that such activities do nor 11egatively impc1c1 sleep, /earni11g, or other critical l/f'e fimcti<ms.
1.2 13.1 Public Hearing Page 454
LEADERSHIP COUNSEL - -----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
K. Energy-efficiem irifras1ructure shall be i11coq>ora1ed in 1he site design, for example, solar roofs. electric plug-ins for co11srruction machine,y, and electric vehicle infrastructure.
10.50.100 Standards tbat apply in all industrial w oes.
The following guidel ines apply Lo aJI development occurring within the M districts and are intended to faci litate high-quality development that complements the character of Tuliu-e while 1ni1igating impacts to people and the environment.
A. Site design.
I. For industrial complexes th at include multiple buildings (such as an i11dustrial campus), the placemem of structures that create opportunities for plazas. courts. or gardens is encouraged. Setback areas may be used to provide space for employee lunch/break areas.
2. Where existing industrial uses are adjacent to non-industrial uses, buffering techniques such as setbacks, screening. and landscaping shall be provided to reduce/eliminate any negati ve impacts of industrial operations.
3. Where industrial uses are adjacent 10 sensirive land uses within or outside of City boundaries. facilities will be sited so 1lwt 1heir properry lines are ca leas, 1,000 feet from the propeny lines of the new·est sensitive receptors.
B. Parking and circulation. Tmportant design considerations for parking and circulation include the location of ingress and egress points, on-site pedestrian and vehicle traffic circulation patterns, and service functions. The purpose is to ensure efficient circulation, safety, and visual quality.
I.
2. Parking faci lities shall be designed so that vehicles can move from one area to another on the same site without entering the street with an adequate amount of 011-sire parking 10 prevem trucks and or//er vehicles from parking or idling on public s11-eets and reduce demand for ojj~site rruck y(lrds.
3. Separate vehicle and pedestrian circulation .5ystems .~hettld be ee11.1jdefed i11 shall /,e included in the design of parking faci l.ities. Pedestrian linkages between buildings in multi-structure industrial developments shall be implemented if applicable .,heuld be .,1., e11gly e111i,htt3il!ed. To improve vehicle circulation and mi11imize unnecessary onsile vehicle rrc1vel. parking aisles, signs, and drive aisle pavement marking to identify 011sile circulation partems should be aligned with vehicle circulation routes.
4. Facilities sl1(1/I be designed to provide €common driveways are e11eet11 n~ed 10 provide access to adjacent sites and improve on-site circulation 13 13.1 Public Hearing Page 455
LEADERSHIP COUNSEL - -----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
5. Parking driveways (access points) shall be located as far a~ possible from street intersections to avoid traffic problems. The number of access poinls shall be lim.ited to the mjnimum amount necessary to provide adequate circulation.
6. 7. Industrial sites shall be designed to accommodate aU parking needs generated by the use. The use of the public street for parking and staging and main1enar,ce of trucks is not permitted. Signs shall be ins1alled in adjacem residential areas, noting tlwt truck and employee parking and maimenance of trucks is prohibited in residential areas and public streets.
8. 9. Parking facili1ies shall pro,,ide conduits and elecrrical hookups 10 provide a1 leas/ 10% of all passenger electric vehicles, ligh1 duty, and heavy-duty charging stations.
10. Parking facilities for construe/ion eq11ip111en1 and hell\ly-d11ty equipment and machinet)' shall be located and parked 011 the opposite side of sensitive receptors to avoid noise and emissions away from sensitive receptors.
I I. Facilities should submit a truck routing plan describing the facility's hours of operation, types of i1ems 10 be stored, and truck routing to and jir>m 1he faciliry to designated truck rou1es that avoid passing sensi1ive receptors. The plan should include measures for preventing truck queuing, circling, stopping, and parking 011 public s1reets, such as sig,wge. pavement markings. <111d queuing analysis and e1!forceme11t. The plan should holtl facility operators responsible for violations of the truck rowing plan, and a revised plan should be required fmm any new tenant 1hat occupies the pmperty before a business license is issued. 711e Ci1_v ojTulare retains discretion to determine if changes to rhe plan are necessary, including any additional measures to alleviaJe 1ruck ro111i11g, tr<!{{ic. and parki11g issues that may arise during 1he life of 1he facilily.
12. Facilities slw/1 be designed to provide a separate entrance for heavy-duty trucks accessible via designated truck roll/es opposite sides from sensitive recepwrs and residential areas.
I 3. Parking facili1ies. drive aisles. and imernal circularion j<1r heavy-duty 1rucks sludl be located away from sensitive receptors.
14. Parkingfacili1ies shall use cool pavement 10111i11im.ize heat islcmd effects.
C. Loading faciliLies
I. Loading faci lities shall be located out of sight of the public-of-way, to the extelll possible. Loading docks shall be located 011 the opposile side, m.-i1y from sensitive receptors, to minimize noise, lighl, and air impacts using a direct s1raight•li11e method. me most apptoptiate1y loe,tt.ed tu the rca, of bt1i:.ldin::,.s. boweter ~heu die ,ea, o-f buildiug.~ is udjace11t ro aoi,~e-seusitite 14 13.1 Public Hearing Page 456
LEADERSHIP COUNSEL - -----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
Jm ,d u.sc.s, loading dock locatious should be planned to minimiiz associated Hoi.te in,i,aets m, sttrrmmt:lii-1g lttftd t:t.ie.s.
2. Highly visible loading facilities shall be screened from view particularly if it is not possible to locate them at the rear of the building.
3. For industrial sites within -5001000 feet of sensitive receptors, heavy-duty trucks sbal1 have a separate entrance accessible via a designated truck route., aFterial roael. tnajor ~horettgkfafe. or a laeal raaEl tl3at J:JreeleRli.RaR~l y serves eorn111ereitd 01 te1itcd ttses.
D. Building design
fl. Noise
I. Building roof shall acconunodate the maximum future coverage of solar panels and install the maximum solar power generation capacity feasible
2. Building roof shall use light-colored roofing materials wit/, a solar rejfecrive index of78 or greater.
3. Building shall meer LEED green building certification stcuulanls.
I. Applicants shall complete an acoustical analysis; the study shall disclose and consider all noise levels associated with construction, operation, onsite, and offi;ite noise generation.
2. New development of i11dtL5trial, commercial. or other noise-generating land uses must 1101 exceed 60 dB Ldn (or CNEL) at the boundct1J1 o_lareas pla1111ed and zoned for residential or other noise-sensitive land uses unless detennined to be necessmy to promote the public health. safety, and welfare of the County.
3. New developments of industrial, commercial, or other noise-generating land 11ses that reach 60 dBA a11d are located at the bounda1y of residential or other noise-sensitive land uses must mitigate noise levels to limit the noise exposure in interior living spaces to 45 dBA.
4. To reduce noise and vibration impacts, applicants shall req11ire sound attenuation features such as walls, benni11g, heavy landscaping. and setbacks between commercial, industrial, and residential uses.
Landscape Standards
Landscaping can be utilized to improve local a ir quality, reduce heat island effects, and protect sensitive receptors from sun-ounding incompatible land uses. Given the poor air quality and subsequent negative health impacts in Matheny Tract, it is imperative that the City implement landscape standards to provide buffering, particulady green buffers in the fonn of 15 13.1 Public Hearing Page 457
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
trees and shrubs, as a measure to mitigate and improve air quality impacts from incompatible land uses and future development.
10.52.010 Purpose
8. Consistent with these legislative findings, the purpose of this chapter is to:
8. Esrablish provisions for g.reen barriers TO protecr and enhance air quali(Y and reduce the heat island ejfec1.
10.52.020 Objectives
D. Preserve the integrity of residential neighborhoods and sensitive receprors within and beyond City boundaries by using landscaping to screen from sensitive receptors inee1npttl'ible !t111d tise~, provide for pedestrians, tttttl mitigate air quality impacts from vehicular traffic, a.nd enhance the beauty of the residential setting.
E. Trees shall be used as part of a solid-screen buffering treatme/ll and planted in two rows along the length of the properly line closest to the sensitive receptor.
Trees used for this purpose shall be evergreen, d1vught toleram, to the extent feasible. composed <l species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on ceme,:
Palm trees shall not be utilized.
Land Use Tables
As considered in the City's General Plan, industrial zones can harm sensitive receptors when in close proximity. To protect and ensure a public process with respect to industrial land use proposals and to ensure consistency with General Plan policies LU P3.8, COS P7.2, SAF P5.5, COS P7. 12, we provide recommendations on types of uses under Ml and M2. l11e proposed changes are recommended to ensure that land uses that have the potential to negatively impact nearby sensitive receptors will undergo appropriate review to ensure conditions and design features are incorporated for the health and safety of residents. Moreover. proposed changes will ensure residems can provide input for the City's consideration of conditions before project approval.
16 13.1 Public Hearing Page 458
DERSHII IP COU - SEL - -----FOR-----
OUNT BlLJTY
.. -
and s:e Ml 2 -
D2 Agriculturnl product packing, packaging, preparing, or proce hg C p - ['
' - ..
D!J xplo ives storage, mnnufacturing, and proces ing. including fil'ewor • - C ' - 010 I FerLi li zer manufactu ri ng - C
DU I
Petroleum prnduct8, mm.mfacturing, proces -jng <1nd ·torage, incJuding ods - C gasoline pal nts. and tar
DU I lnci 11erat0rs . C
013 I Metal indu trie (ore reduction, refininn, melting, and al1oying - C . - ·" 016 Chemi al mrurnfacturing - C
018 I M e.at packing or slaugli terhuo.-e .
Dl!I I :tvliniog, q uan. , or sand and gravel e,cavation ~ C 114 I Fuel sales, fleet o card lock p p
Jl6 I Fuel distributing p p
- C'
-
.124 Recycling, small col tection facility ( CRV only) p p -,
.)25 Ret.:ycling, large collection fadlity p p
- C C --
.126 Recycling, processing, or s.orti ng fadl ity C p
I
- ('
,- -
-
J29 Shooting range, indoor C p
-
J30 Shooting range, outdtior .
K3 Cold · to.rage or ice hou e p p
C C
- · -- .,
K4 Food cker p p
-·
KS Jwtk ynrd, wrecking yard, or al vage facility ·- C ' 7 13.1 Public Hearing Page 459
DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
K6 Mini-warehou 01" If- torage fa ility p p
-
K8 Truck top or Lravel center C C
-- -
K9 Trncking or transportation terminal C p
('
. .
KIO Vehicle impmmd yar-d p p
C
K H War-ehouse or di tribution center p p
C
K6 Mini-w rel ou or elf-stora.ge foci 1 ity p p
C
ln eff01t to p ot.ect "11 itive land u e within and out ide the boundarie-s of the City of Tulare, we urge the City to requir conditional u e permit for u that can potentially have a detrimental imp. ct on p ople or the nvironrnent. E tabHshing onditional u e permi.t provide an opportunity tor City taff to me..aningfulJy coa1 ider neighboring land 11ses pro·ect cumulative impact to the e.nvirnnment and ommunity. require condition to mitigate and prevent environmental. hazard and negative impact to ens1t1v land u, c , and cnab]e public participation for m aningfu1 cngag ment. In ad<l1tion, the n~panment of Ju tic recommended conditional u e permits for certain polJuting indu trial ources to reduce poJlution exposure to Matheny Tact re idem 11. We recommend changes to zonjng codes as follmvs:
10.80.010 Purpose
1n certain disLricts, specific u. es listed in lhis, Litle are permitted . ubjecL to receiving a condiLiona1 use permi.t. Becau. e cf their unu. ual characteristics. potential impact tm the people or the environment, or the unique ar a in which Lhey are pn po. ed lhe. e uses require . pedal consideration so Lhat they may be located properly with re. p ct to the purpose and objecLi. es of this tille and with re. peel to surrounding properties. 8 http :1/oag.ca.nov/ ·yst~m/file /media/ b lO00-let er-ci y-of-tulare.pdf 8 13.1 Public Hearing Page 460
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
10.80.030 Findings
A. Before a conditional use permit can be approved, all the following findings shall be made by lhe reviewing aulhori tty identified in Chapter 10.70:
2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located to ensure the quality of life, safety, and protection of all residents, inc/udi11g sensitive receptors and disadvantaged communities withi11 and outside City of Tulare bou11daries.
6. The proposed location, si ze, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the City and sphere of injluence or materially injurious to prope11ies, sensitive recepwrs, or improvements in the vicinity, and that any incompatible impacts, activities, and environmental hazards that arc of the proposed use are mitigated by conditions of approval.
7. The proposed use will not adversely impact e11viro11111ental quality at and/or the use or eriioyment <f nearby residential properties, schools, or park space and will not adversely impact the public health of nearby tlisadvcmtaged communities as defined by Health and Safety Code Section 39711.
8. The proposed use will not have a detrime11.1al impact on wa.ter quality and supply to residential communities.
9. The necessary infrastructures to serve the project will be installed or adequately financed by the applicant to not create a financial burden on the City's taxpayers and impact the infrastructure capacity of the Ci~v and utility c11stom.ers.
§ 10.80.040 Conditions of approval
The reviewing authority may place conditions of the approval on the conditional use permit that promote the public interests, health, safety, convenience, or welfare of the City and people within the City's sphere of influence er1md that mitigate any impacts to 19 13.1 Public Hearing Page 461
LEADERSHIP COUNSEL - -----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
surroundjng propenies. Conditions may involve the operation of the use, and maintenance of the prope1iy or specific aspects associated with development, including storage and display of goods; grading, surfacing, and drainage improvements; vehicular ingress and egress; parking and loading; landscaping and irrigation and maintenance thereof; regulation of light, vibration, odors, and noise; appearance of buildings, signs and other structures; and street dedication and improvements. Conditions set fo1th in a use permit shall pertain to the purpose and objectives of this chapter.
A. The applica,u's ability to demonstra/e that all necessa,y infrastructures 10 serve the projec/ will be installed or adequately financed by the applicant;
8. lnfras1r11cture improvements are consis1en1 with City infrastructure plans C. lnfrastrucf!lre improvemems inco1porate a range of feasible measures that can be implemented to impmve public safety and/or environmental impacts associared with rhe consrruction, operation, or maimenance of any required improvement; D. The proposed use will ,wt produce or store hazardous waste if located within 1000 feet of a disadvan1aged community as de.fined by Health and Safety Code Section 39711.
E. Proposed uses will not exacerbate exisring environmemal condirions.
F Proposed projects wirh Healrh Risk Assessme11.1s that show adverse impacts will 1101 be approved unless impacts are mitigated to the maximum extent feasible so rhat health effects are fess than significant.
G. The proposed projecr will 11()1 rewlt in or exacerbate existing heat island impacrs for nearby conmwnities, and heal island impacts are mitigated to the maximum extent feasible by incorporating designs such as vegetalive barriers and tree canopies.
H. The proposed project's cumulative air quality impacts, including the projects incremental impact in combination with past, prese/1.1, and future conditions shall not adversely impact nearby communities ro preve111 health impacts to residems and exacerbating c/imare change impacrs; air quality impacts shall be mitigated to the maximum extent feasible by i11co1porati11g measures including but not limited to: requiring light and heavy duty elecrric, charging .1-wtions, requiring tenants to use zero-emission light- and medium-duty vehicles c1s part of business operalio11s, solar paneling, air .filtration systems to co1111111mities located within one ha({ of a mile from the project site.#
1. The proposed project will provide community be11efi1s 10 surrounding comm11niries.
Site Plan Revi.ew
The CLtrrent Site Plan Review code allows for the administrative approval of projects applicable under 10.120.050, which includes new commercial, industrial, and quasi-public developments. As listed in 10.120.060, the Community and Economic Development Director has amhorization to approve the projects without processing the project through the Site Plan 20 13.1 Public Hearing Page 462
DERSHII IP COU - SEL - ----FOR--- - -
OUNT BlLJTY
Committee or the Planning Comrni ion. Given the potcntia1 for advet impacts from the projects l' ted under 10.120.0 -(B and 10.120.0S(G), we propo e r moving tho e Land u e to en ll.re public participation in project a proval .
§ 10.72.050 Applicabilit
The fol lowing projects halJ be proces ed through the ite plan r,eview proces A) Divi. ion. of land or adju. 1ment1 to prop ny line; . (B) ew con truction of multi-family- and office~ etmlmereiaJ, ittdu:st:rittlt:ir quttsi ·pttb~ie aer1td8f) meHt
G) AH~ prajeet it1\le-h4Rg M·-ifltilMHrifieatieH a:t iaHS' tH,erifl:efodtBg eeHversieM et- sen-iee &om either eommereitt:l or indttstria:l· ttse·tt, ft. retai.l eottttttereit1:hrse -or oeeuptt:1tcy of-the strt:teture.
Rezoning La_ud to Les,s Uarm(u.1 Use
Throughout the p.ast year, 1.atheny Tract resident have advocated ince santly to rezone undeveloped indu trial zoned Jand north of Matheny ract9 to commerciaI or other le s harmful land uses to prevent future envirotunental and b aHh impacts from the ity's propo ed indu triaJ development. AdditionaHy, the California Attorney General's offi e ha asked the City to onsider rezoning undev lo ed par el to c.ommer ial to help reduce impact on resident of Matheny Tract. LQ Re. idents have fon° indfoated tbat they want urrounding devcl.opm nt to b compatible with their community and allow for increased acce., to opportunitie. such as grocery . tores, community centers, clinic , and parks. Re idents propos that the city pu.r ue s 1ch devetopme-nt a ay from th ir community and other .. ensiti e receptors _ uch a Palo Verde El mentary School. Community recomm ndalions ali.gn ith the Attome~ Genern1's office, recommended be. t practice. for juri, diction, t implem nt tran. ition zon with commercial land u es Lo minimize conllicr. bet\! e _ n residenlia1 and indu trial. uses. Implementing a rezone •
1 nde eloped parcel ite north of Matheny in lude: 18 7-040-0 13 I 7-040-0 l 4 l 87-03n-003 I X7-030-007, 187-030·008 , l 87-030-009, 187-030,010, 187--030-011 10 •1eyada, Mari llorney Ge 1e ·al', Comme:nt tte to b Lt,ps • //oag c_a giw/sym·n1ffiks/mcd ialsb l Ot1U-ktr.&.' ir-ci l.)•-ur-wJ w:c pd!" I 7-040-015, 187-040-016,
City of Tulare.
21 13.1 Public Hearing Page 463
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
will reflect the City's commitment to be a good neighbor to tbe community of Matheny Tract wbile facilitating the development of essential services and businesses, which will suppo,t the City's economic growth and protect neighboring communities from the encroachment of industrial development.
Duty to Affirmatively Further Fair Housing and Avoid Djscrjmjnatjon Furthermore, we remind the City of its duty to Affirmatively Further Fair Housing and comply with the Fair Employment and Housing Act (FEHA). The City mu~t take meaningful actions to prevent patterns of segregation and access to opportunities Cal. Gov. Code §8899.S0(a)(l), and must "take no action that is materially inconsistent with its obligatiou ro affirmatively fu rther fair housing" Cal. Gov. Code§ 8899.S0(b)( I). FEHA prohibits any public or private land use practices, which include any single act or omission that intentionally discrimina.tes or that has a discriminatory effect without a legally sufficient justification. 2 C.C.R. § I 2 I 61. A legally sufficient justification exists for a discriminatory effect resulting from a public agency's land use practice only when there is no feasible alternative practice that would equally or better accomplish a substantial, legitimate non-discriminatory purpose and other factors are met. 2 C.C.R. § l2062(b). Land use practices that may result in unlawful discriminatory effects under FEHA may include the citing of toxic, polluting. or hazardous land uses in a manner that adversely impacts housing opportunities. 2 C.C.R. § 12 161. Therefore, rhe City must ensure its zoning of industrial uses: near Matheny does not result in an unlawful discrimiaa.tory effect, further patterns of segregaliou, or hamper fair housing.
As U1e City or Tulare finali zes its zoning ordinance and map, it must consider the overall impacts of zoning and zoning ordinances in the City and its sphere of influence. Zoning ordinance edits are meant to ensure au accessible public engagement process, implement miti.gation str:ategies for any future developmem, create good ne ighbor practices that promote public health, and improve the quality of life for the uniocorporated community of Matheny.
Residents look forward ro working with the city to address tbeir concerns and create solutioos.
Thank you (or consideri ng our recommendations. We look forward to readiug the updated draft of the zoning ordinance.
Sincerely,
22 13.1 Public Hearing Page 464
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
Ashley Vega
Tulare County Policy Advocate
Leadership Counsel for Justice and Accountability
/yl
Reinalda Palma Rodriguez
Matheny Tract Community Committee Member
Isl
Danny Rodriguez
Matheny Tract Community Conunittee Member
Isl
Sara Salas
Matheny Tract Community Committee Member
Isl
Genero Salas
Matheny Tract Community Committee Member
Is/
Ado I fo Contreras
Matheny Tract Community Member
Is/
Salvador Torres Yanez
Matheny Tract Community Member
Isl
Hugo Sanchez
Matheny Tract Community Member
23 13.1 Public Hearing Page 465
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
Isl
Javier Medina
Matheny Tract Community Member
Is/
Mary Hightower
Matheny Tract Community Member
Isl
Vernon Hightower
Matheny Tract Community Me111ber
Is/
Mireya Maratin
Matheny Tract Community Member
Is/
Rigo Rivera
Matheny Tract Community Member
/5/
Brandon BoUinger
Director or Co111munity Advocacy
Community Water Center
Cc:
Mari Mayeda
Deputy Attorney General
Office of the Auorney General
Monica Heger
Mario Ai1aya
Community Development Director
City of Tulare
Melissa Hermam1
24 13.1 Public Hearing Page 466
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
Deputy Attorney General
Office of the Attorney General
Chief Deputy City Clerk
City of Tulare
Marc Mondell
City Manager
City of Tulare
Maria Sanchez
Senior Administrative Assistant
City of Tulare
25 13.1 Public Hearing Page 467
______________________________________________________________________________ 411 E. Kern Avenue • Tulare, California 93274 • 559.684.4217 • www.ci.tulare.ca.gov
COMMUNITY DEVELOPMENT
December 5, 2024
Attn: Ashley Vega
Leadership Counsel for
Justice and Accountability
2210 San Joaquin Street
Fresno, CA 93721
Re: Response to Comment – City of Tulare Comprehensive Zoning Ordinance Update City of Tulare staff received a comment letter dated November 22, 2023 (believed to be an error that should be 2024), from Leadership Counsel for Justice and Accountability (LCJA) alongside the Matheny Tract Committee (MTC) regarding the City’s proposed Comprehensive Zoning Ordinance Update. City staff would like to thank LCJA and MTC for their engagement, review, and comment regarding the proposed Comprehensive Zoning Ordinance Update.
Within the comment letter received from LCJA were several recommendations regarding revisions that LCJA and MTC would like to see made to the proposed Comprehensive Update. Staff would like to provide the following responses to the comment letter received and the recommendations that were made:
LCJA Recommendation - The City must enhance public notification and engagement in the approval of projects, particularly in commercial, light, and heavy industrial zones, by expanding notification requirements to property owners and property occupants within a mile of the project location to guarantee the public a seat at the table of land use decisions that can hold impacts to their community.
City Staff Response – The public notification requirements included within the proposed Comprehensive Update meet the requirements of state law. The city is mindful of the Matheny Tract Community and will continue to meet the additional noticing requirements instituted by the Tulare County Local Formation Commission as part of the South ‘I’ Street Specific Plan. These requirements will ensure that all Matheny Tract residents receive public notice any time that a project requires environmental analysis, or a discretionary action is taken by the city. In addition, city administration has directed staff to provide public notice to the Matheny Tract any time a
13.1 Public Hearing Page 468
______________________________________________________________________________ 411 E. Kern Avenue • Tulare, California 93274 • 559.684.4217 • www.ci.tulare.ca.gov project is proposed that is subject to the city’s Site Plan Review process but does not require environmental analysis or discretionary action.
Staff notes that the one mile noticing requirement as proposed by LCJA would affect all projects citywide, even those of little or no consequence to the residents of the Matheny Tract Community and would result in the need for some projects to send out thousands of notices which will result in significant cost in labor and materials. Staff believes that for the reasons outlined above that this request has been essentially accommodated for residents of the Matheny Tract.
LCJA Recommendation - Notifications must be accessible to community by requiring Spanish and Mixteco translations, being sent 30 days prior to the public hearing, the inclusion of an accurate description of the project, maps and drawings of the project and its proposed location and be broadcasted no less than 30 days prior to the public hearing on local radio and television outlets in English, Mixteco, and Spanish.
City Staff Response – The public notification requirements included within the proposed Comprehensive Update meet the requirements of state law. Staff would note that not all application types require 10-day public notification. For example, if a project results in the need for the preparation of environmental analysis, a 30- or 45-day public notification period is required. Staff believes that for those projects that require it, a 10- day period is sufficient and that the requested 30-day period may be too long for citizens to make a priority.
Staff believes that the recommendation for notices to be broadcast on local radio and television outlets in English, Mixteco, and Spanish would be onerous and costly. This recommendation far exceeds the requirements of state law and would result in a need for the city to raise entitlement fees significantly which may be a hinderance to development.
City administration has already agreed to and directed city staff to provide public notice in English and Spanish any time a project proposed in the I Street Specific Plan area adjacent to the Matheny Tract neighborhood is subject to the city’s Site Plan Review process. City staff would have to hire outside services for providing translation to Mixteco, if it is documented that a substantial percentage of the population within Matheny Tract is monolingual in Mixteco. Staff notes that these requirements if implemented as part of the Comprehensive Update would affect projects and development citywide. It should also be noted that other neighborhoods in the city and surrounding the city limits are not subject to the request for additional noticing and broadcast on local radio and television outlets.
LCJA Recommendation - Activities in light and heavy industrial districts must not encroach on areas that house sensitive land uses, including homes and schools, and must mitigate any impacts on the environment and sensitive receptors. and,
13.1 Public Hearing Page 469
______________________________________________________________________________ 411 E. Kern Avenue • Tulare, California 93274 • 559.684.4217 • www.ci.tulare.ca.gov The City shall include requirements in development standards that would mitigate potential harms of projects in commercial, light, and heavy industrial zones on residential areas and sensitive receptors, including homes and schools, through measures such as increased buffers and set-back distances, green boundaries, noise walls, and electric vehicle infrastructure.
and,
Requirements should include at least two lines of drought-resilient tree as a solid-screen buffering treatment along industrial project property lines within 1000 ft of sensitive receptors as a landscaping standard.
City Staff Response – City staff is in agreement that industrial development must not encroach on areas that house sensitive land uses. In the drafting of the proposed Comprehensive Update staff has worked to include requirements to this affect. For example:
Chapter 10.28.060 and 10.30.060 require that a rear or side setback of a lot line that abuts a residentially zoned parcel or sensitive receptor shall be a minimum of 250 ft.
These setback standards have been significantly increased from the existing ordinance that required 10 ft. as side and rear setbacks.
and,
Truck loading bays shall be located a minimum of 500 ft. from the property line of the nearest sensitive receptor. This standard exceeds the 300 ft. requirement in AB 98, recently signed into law.
and,
Chapter 10.28.130 and 10.30.130 require where an industrially zoned site adjoins a site that is residentially zoned, a minimum seven-foot-tall solid wall shall separate the industrial development from the adjoining residential district. The Director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study. This development requirement is in addition to the requirement for landscaping, including trees to provide additional buffering treatment. City staff is also committed to requiring development to mitigate impacts on the environment consistent with the requirements of the California Environmental Quality Act.
LCJA Recommendation - Utilize conditional use permits to allow for extra consideration and public input for industrial and commercial projects when proposed near sensitive receptors.
and,
While only certain type of projects are eligible to be considered by the site plan committee, the committee can approve the project without needing to go to the planning
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______________________________________________________________________________ 411 E. Kern Avenue • Tulare, California 93274 • 559.684.4217 • www.ci.tulare.ca.gov commission or city council for consideration and approval. Our recommendation is for new or existing industrial project or operations that will increase the intensity of operations not to be approved through the site committee to ensure a robust public process. Instead, new commercial or industrial development and existing commercial or industrial uses involving an intensification of land use should be processed through the planning commission.
City Staff Response – The proposed Comprehensive Update utilizes a common method where a matrix is utilized to establish permitted and conditional uses in various zone districts. Permitted uses are required to be reviewed by the site plan review committee for consistency with development standards. Conditional uses are also required to be reviewed by the site plan review committee and subsequently are required to be reviewed by the Planning Commission. The matrix generally establishes that more intensive uses where conditions above and beyond the development standards of the zone may be needed, require conditional use permits. Staff would note that all projects reviewed by the site plan review committee can be appealed to the Planning Commission and that all projects reviewed by the planning commission can be appealed to the City Council. Staff believes that this is a commonly accepted planning practice that allows for the city to promote development while also providing a mechanism for more intensive projects to be reviewed by the Planning Commission or City Council and for less intensive projects to also be reviewed upon appeal. Staff believes it would be overly onerous and impractical to require every project proposed in industrial zones, even those that meet all of the city’s development standards and state law, to obtain an additional discretionary approval through a conditional use permit.
LCJA Recommendation - Throughout the past year, Matheny Tract residents have advocated incessantly to rezone undeveloped industrial zoned land north of Matheny tract to commercial or other less harmful land uses to prevent future environmental and health impacts from the City’s proposed industrial development.
City Staff Response – The proposed Comprehensive Update is required to be consistent with the city adopted General Plan. For this reason, the area north of the Matheny Tract is being down zoned from Heavy Industrial to the Light Industrial zoning designation as the General Plan land use designation for the site is light industrial. It is staff’s belief that changing the zoning as requested, to commercial or other designations as part of the current Comprehensive Update is not the correct step to accomplish the desired outcome of the LCJA and MTC. It is staff’s belief that a Comprehensive Update of the City’s General Plan is the correct method to consider the proposed land use changes. This can be illustrated through the requirements of AB 821 which as of January 2024 allows development to move forward when a project follows the rules of the local government’s general plan, even when the plan is inconsistent with local zoning ordinances. Staff believes that even if the zoning were to be changed, the general plan would take precedence and therefore all uses within the light industrial zone would be allowed.
The existing city General Plan has a planning horizon of 2035. However, planning staff believe that work will need to begin on a comprehensive update to the general plan
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______________________________________________________________________________ 411 E. Kern Avenue • Tulare, California 93274 • 559.684.4217 • www.ci.tulare.ca.gov much sooner. It is planning staff’s intent to seek funding for this update and begin work as soon as possible.
Conclusion
City staff would like to thank LCJA and MTC for their engagement, review and comment regarding the proposed Comprehensive Zoning Ordinance Update. The comments received and staff’s response will be included within agenda materials provided to City Council as part of their review of the proposed Comprehensive Update at its December 17, 2024, City Council meeting.
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Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Community Development
Submitted by: Alexis Costales, Housing and Grants Manager Agenda Title: Analysis of Impediments and Consolidated Plan 101
RECOMMENDED ACTION
Receive and consider a presentation from Baker Tilly Advisory Group on a project plan and overall development of an updated Fiscal Years (FY) 2025-2029 Analysis of Impediments to Fair Housing Choice and updated FY 2025 – 2029 Consolidated Plan for the City of Tulare.
SUMMARY
Baker Tilly Advisory Group (“Baker Tilly”), on behalf of the City, is conducting citizen participation and consultation activities to prepare a substantial update to the City’s Analysis of Impediments (AI) to Fair Housing Choice and Consolidated Plan. Both of these federal plans will be submitted to the U.S.
Department of Housing and Urban Development (HUD). The AI identifies barriers to equal housing access in the City as well as strategies for addressing these issues. The Consolidated Plan is required due to the City’s receipt of federal Community Development Block Grant (CDBG) funding. It identifies community and housing needs and lays out priorities based on these needs to be funded with CDBG and other federal and state grant funds for the next five years.
Baker Tilly prepared an “AI/Consolidated Plan 101” presentation that offers an overview of AI and Consolidated Plan requirements and components, as well as eligible activities that may be pursued with CDBG funding. The session is intended to educate and provide an opportunity for questions. It will be followed by a public workshop to solicit input from residents and other local stakeholders on fair housing issues in the City for the AI, as well as a public hearing to solicit input on community and housing needs to inform goals and actions for the Consolidated Plan.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
Not applicable.
ATTACHMENTS
None
Reviewed/Approved:
Item #: 14.1
General Business
14.1 General Business Page 1
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director
Agenda Title: MOU with Cyclum Renewables, LLC and Central Cal Truck Stops, LLC
RECOMMENDED ACTION
Receive a presentation on a Memorandum of Understanding between the City of Tulare and Cyclum Renewables, LLC and Central Cal Truck Stops, LLC to Establish a Collaborative Relationship to Redevelop Mefford Field with a Renewable Energy Truck and Vehicle Charging Center on 26 acres of city-owned, non-Federal Aviation Administration Property; and to authorize the City Manager or designee to execute same with any minor revisions as approved by the City Attorney.
SUMMARY
The City of Tulare is honored to be the home to the Mefford Field, a civilian airfield, which served as the site for a flight school to teach United States Army Air Corps flight cadets. “Rankin Aeronautical Academy, Inc.” was established in February 1941. Over the years, minor upgrades have been made to the airport.
However, in Fiscal year 2022-2023 and continuing through 2026-2027, the City of Tulare, in partnership with the Federal Aviation Administration, will be making substantial improvements to rehabilitate taxiways, area paving, new lighting, construction of two helipads and access gate improvements. All improvements have the potential to increase lease and rental rates, thereby increase revenue back to the airport for future investment.
The City of Tulare desires to explore opportunities to complement its efforts to increase revenue attributed to Mefford Field, including but not limited to, exploring opportunities for cooperative agreements with ancillary businesses to locate on the approximate twenty-six acres of non-FAA property at the airport.
In or about January 2024, staff was contacted by the representatives of Cyclum Renewable, LLC to express interest in establishing a collaborative relationship with the City of Tulare to redevelop Mefford Field with a renewable energy truck and vehicle charging travel center, containing historical components such as the airplane hangar to remain on site, which will help the City bring renewable energy charging resources to the City’s residents and visitors and additional tax revenues to the City.
After substantial discussions, the parties agreed to enter into a Memorandum of Understanding to form a basis for other documentation and approvals necessary or convenient for the Project, including, but not limited to, any general plan amendments, zoning changes, condition use permits, building permits, and other licenses or permits required or convenient to this operation of the project between the Parties.
A summary of the proposed Memorandum of Understanding is as follows:
I. Project Description: The Project will be the first of a new era in Truck Stop construction, and operations using transitional and renewable fuels including renewable diesel, ethanol-based gasoline, electric vehicle “EV” car and truck charging with direct green electricity, renewable compressed natural gas, and hydrogen. This renewable energy truck and vehicle charging travel oasis will help the City bring renewable energy charging resources to the City’s residents and visitors in a method in accord with the State of California renewable energy goals.
Item #: 14.2
General Business
14.2 General Business Page 1
II. Estimate of Tax Revenue to City: Cyclum estimates the following as simple breakdown of potential annual gross tax revenue to the City upon completion of the Project. a) Approximately $2,600,000 from transactions including the following:
• Gasoline
• Traditional and Renewable Diesel
• Sales from C-Store, Food and Beverage
• Urgent care center
• Sleeping Pod/ Showers
• Scale
NOTE: Renewable Fuel is currently at this time reduced or no tax in California. Additional future taxable revenue could come from Environmental Credits, Renewable Fuels and EV Charging. b) Approximately $215,000 from the following services:
• Overnight Truck and RV Parking
• Service Center
• Truck Wash
• Misc Services
c) Lease Revenue at Market Rate of approximately $288,000 per year pursuant to an appraised lease rental rate report dated.
d) Cyclum Renewables Truck Stops would create approximately 50 new jobs. e) Cyclum Renewables Truck Stops would also generate additional revenue for all the purchased supplies and deliveries.
f) International Agri-Center and City use of new Cyclum Truck Stops electronic sign with agreed approval.
g) Infrastructure improvements including but not limited to, utility upgrades, and Traffic Lights with roads surrounding the site based on Department of Transportation and Cal-Trans approvals.
e) The City will perform an Environmental Assessment in the form of a Phase I study on the property delineated as the “Mefford Hangar” property. Should the results of the Phase I study necessitate the need for a Phase II study, the City also agrees to perform the Phase II study.
Should the Phase II study determine that remediation of the Mefford Hangar property is necessary, the City agrees to pay up to seven hundred and fifty thousand dollars ($750,000.00) which may include demolition of the Mefford Hangar, and Cyclum will shall pay for any remediation measures beyond the City’s commitment of seven hundred and fifty thousand dollars ($750,000.00). The City and Cylcum shall mutually agree on the selection of any options presented for remediation prior to commencement of remediation. f) The City agrees to provide assistance with grant, earmark requests, or other funding applications to pay for necessary off-site traffic improvements required by the project.
All tax revenue generated by the Project will be re-invested into the future maintenance and revitalization of the City’s Airport.
The Memorandum of Understanding and subsequent development of the project will be subject to the approval of the Federal Aviation Administration.
On December 9, 2024, staff presented the project and proposed MOU to the Tulare Aviation Committee.
Two out of the five members were present (Miguel and Serrano) which did not constitute a quorum;
14.2 General Business Page 2
however, staff provided the two members with the project presentation and reviewed the proposed terms of the MOU. No formal vote was taken but both Miguel and Serrano expressed their support of the project and recommendation to proceed to Council with the MOU.
Once prepared, the final Lease Agreement and terms will be presented to City Council for approval.
FISCAL IMPACT & FUNDING SOURCES
All tax revenue generated by the Project will be re-invested into the future maintenance and revitalization of the City’s Airport.
LEGAL REVIEW
This item with accompanying attachments was reviewed and approved by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Draft Memorandum of Understanding
2. Proposed Site Plan
3. Appraisal
Reviewed/Approved:
14.2 General Business Page 3
MEMORANDUM OF UNDERSTANDING
between the
CITY OF TULARE
and
CYCLUM RENEWABLES, LLC AND CENTRAL CAL TRUCK STOPS, LLC This Agreement (“Agreement”) is made and entered into by and between the City of Tulare, California, (hereinafter referred to as ("City"), Cyclum Renewables, LLC, a Delaware limited liability company and Central Cal Truck Stops, LLC, a Delaware limited liability company and their successors and assigns (hereinafter referred to as ("Cyclum"), the City, Cyclum and Central Cal Truck Stops, LLC. together collectively shall be referred to as “the Parties."
A. BACKGROUND:
The City of Tulare is honored to be the home to the Mefford Field, a civilian airfield, which served as the site for a flight school to teach United States Army Air Corps flight cadets. “Rankin Aeronautical Academy, Inc.” was established in February 1941. Over the years, minor upgrades have been made to the airport. However, in Fiscal year 2022-2023 and continuing through 2026-2027, the City of Tulare, in partnership with the Federal Aviation Administration, will be making substantial improvements to rehabilitate taxiways, area paving, new lighting, construction of two helipads and access gate improvements. All improvements have the potential to increase lease and rental rates, thereby increase revenue back to the airport for future investment.
The City of Tulare desires to explore opportunities to complement its efforts to increase revenue attributed to Mefford Field, including but not limited to, exploring opportunities for cooperative agreements with ancillary businesses to locate on the approximate twenty-six acres of non-FAA property at the airport.
B. PURPOSE AND PARTIES HERETO:
1) Purpose: The purpose of this MOU is to establish a collaborative relationship to redevelop Mefford Field with a renewable energy truck and vehicle charging travel oasis, with historical components such as the airplane hangar (“Hangar”) to remain on site, which will help the City bring renewable energy charging resources to the City’s residents and visitors and additional tax revenues to the City (“the Project”). The parties are forming this collaborative relationship to more effectively and efficiently communicate, cooperate, and complete this Project. The Parties shall use this MOU to form a basis for other documentation and approvals necessary or convenient for the Project, including, but not limited to, any general plan amendments, zoning changes, condition use permits, building permits, and other licenses or permits required or convenient to this operation of the Project between the Parties. 2) Parties: The parties to this MOU are:
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a) City of Tulare a municipal corporation and charter law city of the State of California with City Hall Offices located at 411 E. Kern Avenue Tulare, California 93274 (the "City"), attention Marc Mondell, City Manager; and b) Cyclum Renewables, LLC, a Delaware limited liability company and Central Cal Truck Stops, LLC, a Delaware limited liability company and their successors and assigns with offices located at 18809 W. Catawba Avenue, Suite 102, Cornelius, NC 28031(“Cyclum"), attention Brian Profitt and Shaun Lee.
3) Contacts: The parties will designate a contact person responsible for coordinating the collaborative activities. The parties will notify each other in the event of the separation or long-term absence of their contact persons.
C. STATEMENT OF MUTUAL BENEFIT, INTERESTS AND PROJECT
DESCRIPTION:
1) Statement of Mutual Benefit and Interests: Cyclum wishes to locate a renewable energy truck and vehicle charging travel oasis and truck parking facility within the Tulare city limits. City wishes to increase revenue attributed to Mefford Field, while preserving the historical components of the airplane hangar (“Hangar”).
The Parties benefits include a collaborative relationship to plan, construct, install and operate a renewable energy truck and vehicle charging oasis and truck parking facility and related support services and facilities to serve the general public, currently anticipated to include quick service restaurant(s), coffee shop, convenience store, rest areas and vehicle repair & maintenance services. The benefits for City through this cooperative effort are provided through the economic development benefit of utilizing real property to its highest and best use, additional sales tax generation, strategic planning and development of public services, job creation and providing additional goods and services to all users. 2) Project Description: The Project will be the first of a new era in Truck Stop construction, and operations using transitional and renewable fuels including renewable diesel, ethanol-based gasoline, electric vehicle “EV” car and truck charging with direct green electricity, renewable compressed natural gas, and hydrogen. This renewable energy truck and vehicle charging travel oasis will help the City bring renewable energy charging resources to the City’s residents and visitors in a method in accord with the State of California renewable energy goals. 3) Estimate of Tax Revenue to City: Cyclum estimates the following as simple breakdown of potential annual gross tax revenue to the City upon completion of the Project.
a) Approximately $2,600,000 from transactions including the following:
14.2 General Business Page 5
• Gasoline
• Traditional and Renewable Diesel
• Sales from C-Store, Food and Beverage
• Urgent care center
• Sleeping Pod/ Showers
• Scale
NOTE: Renewable Fuel is currently at this time reduced or no tax in California. Additional future taxable revenue could come from Environmental Credits, Renewable Fuels and EV Charging. b) Approximately $215,000 from the following services:
• Overnight Truck and RV Parking
• Service Center
• Truck Wash
• Misc Services
c) Lease Revenue at Market Rate of approximately $288,000 per year pursuant to the appraised lease rental rate dated April 1, 2024.
d) Cyclum Renewables Truck Stops would create approximately 50 new jobs. e) Cyclum Renewables Truck Stops would also generate additional revenue for all the purchased supplies and deliveries.
f) International Agri-Center and City use of new Cyclum Truck Stops electronic sign with agreed approval.
g) Infrastructure improvements including but not limited to, utility upgrades, and Traffic Lights with roads surrounding the site based on Department of Transportation and Cal-Trans approvals.
4) Consideration for Estimated Tax Revenue and Benefits:
a) Entitlement Process: In consideration for the aforementioned estimated Project benefits to the City, the City will initiate and complete all tasks necessary to amend the general plan and current zoning for Medford Field to allow the site to be redeveloped in whole or in part to allow for a travel center with one or more restaurants (with a potential beer and wine ABC license pending on the final restaurant tenant or restaurant mix), a convenience store (with a potential beer and wine ABC license attached), truck wash, fueling stations, EV charging stations, truck parking, pylon signage and adaptive reuse of the Hangar. b) Improvement & Building Plans, Specifications and Details: Upon completion of all required entitlements by the City, Cyclum is responsible to make all required to submit all required plan applications, associated fees and plan submittals to the City as required for Building and Planning review and approval processing.
14.2 General Business Page 6
Submittals to be complete, as defined by the City, and include payment of the respective review or processing fees. Additionally, Cyclum will submit all items reasonably required by the City and the California Department of Transportation (“CalTrans”). This will include submissions to the City to issue plan approval and building permits, and submissions to CalTrans of traffic impact reports, CEQA and off-site improvements as required on the Project. Cyclum to prepare all plans, specifications and details for the planned and approved development including all public improvements (roadways, utility extensions, open space, parking lots and landscaping, etc.) and all plans, specifications and details for the buildings, structures and other improvements. With regard to the hangar and other existing structures, and any soils or water contamination from the prior aeronautical uses, the City will abate and cleanup any lead based paint, asbestos or other hazardous building materials and conduct soil and water cleanup and disposal in accordance with responsible governmental agency requirements and standards. The City shall also prepare and perform structural analysis of the Hangar and all other structures which are proposed to be a part of the Ground Lease (as defined below) to determine whether the structures are structural sound and viable for the proposed uses under the Ground Lease. These City requirements shall be documented in further detail in the Ground Lease between the City and Cyclum.
c) The City will support all applications and approvals required for the commencement and completion of the Project, including, but not limited to, those submitted to the City and CalTrans.
d) The City will process the required entitlement applications for consideration by the appropriate discretionary body. Submittal of entitlement applications by City staff does not guarantee approval of one or all entitlements for the Project. d) Payment of Pre-construction Services: Cyclum is solely responsible for the payment for all preconstruction design, engineering, architectural, testing, survey and other related pre-construction costs for all public and private improvements related to the planned development, other than those which remain the City’s responsibility pursuant to section 4b above. e) Term Sheet: Following the execution of this Memorandum of Understanding, a Term sheet for ground lease of Medford Field shall be negotiated and entered into by and between the Parties by no later than ___________, 2024 (“Term Sheet”).
In addition to the business terms of the ground lease (“Ground Lease”), the Term Sheet shall include language which makes the lease commencement of the ground lease conditioned upon approval of all project entitlements and Cyclum’s receipt of final building and improvement plans and other licenses or permits required or convenient to this operation of the Project from the City and all other county, state and federal governmental agencies, and the rental commencement effective upon the opening of the Project to conduct business with the general public.
14.2 General Business Page 7
f) The City will perform an Environmental Assessment in the form of a Phase I study on the property delineated as the “Mefford Hangar” property. Should the results of the Phase I study necessitate the need for a Phase II study, the City also agrees to perform the Phase II study. Should the Phase II study determine that remediation of the Mefford Hangar property is necessary, the City agrees to pay up to seven hundred and fifty thousand dollars ($750,000.00) which may include demolition of the Mefford Hangar, and Cyclum will shall pay for any remediation measures beyond the City’s commitment of seven hundred and fifty thousand dollars ($750,000.00). The City and Cylcum shall mutually agree on the selection of any options presented for remediation prior to commencement of remediation. g) The City agrees to provide assistance with grant, earmark requests, or other funding applications to pay for necessary off-site traffic improvements required by the project.
D. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN
THE PARTIES THAT:
1. Effect of Agreement: This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or be binding upon the parties. This agreement is not intended to confer any right upon any private person or other third party.
2. Modification: Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed.
3. Termination: Any of the parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration by giving 60 days written notice.
4. Resolution of Disagreements: Disputes arising under this Agreement will be resolved informally by discussions between persons designated pursuant to the Contacts section herein, or other authorized persons designated by each party.
5. Period of Agreement: This agreement becomes effective upon the signing of both parties and will expire one (1) year from the effective date unless otherwise extended by mutual agreement of the Parties.
///
///
14.2 General Business Page 8
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the last written date below.
City of Tulare
By: ____________________ Dated: ________________
Marc Mondell, City Manager
Cyclum Renewables, LLC Dated: __________________
By: ______________________
Brian Profitt, Chief Executive Officer
Central Cal Truck Stops, LLC Dated: __________________
By: ______________________
Shaun Lee, Authorized Signer
14.2 General Business Page 9
G:\7197 Cyclum-Tulare\Drawings\Schematic Design\7197_North SiteE.gxd -- 09/04/2024 -- 11:56 AM -- Scale 1 : 1.00
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Staff Report
Meeting: City Council
Date: December 17, 2024
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Police Department Citizen Complaint Review Board Appointments
RECOMMENDED ACTION
Appoint seven members to the Police Department Citizen Complaint Review Board to serve a term for January 1, 2025 through December 31, 2026.
SUMMARY
The Police Department Citizen Complaint Review Board is charged with the responsibility of reviewing the Police Department’s investigation of citizen complaints in specific areas and providing an independent review to the Chief of Police. The Board does not recommend or review disciplinary action against Police Department employees.
Tulare Municipal Code Chapter 2.12
§ 2.12.020 Scope of Authority of the Board. The Board shall have the authority to receive citizen complaints of alleged police officer misconduct in the form of misuse of force, false arrest, discrimination, criminal conduct, use of racial or ethnic slurs, abuse of authority, extreme discourtesy and/or serious misconduct. The Board shall also have the authority to review the Police Department investigation of all such allegations of police officer misconduct. The Board shall further have the authority to make an annual report summarizing its activities and providing statistical information regarding the receipt and processing of citizen complaints of police officer misconduct. § 2.12.160 Selection of Members of the Board. The Board shall consist of seven members. Each member of the City Council shall select and appoint one member to the Board, subject to approval of the appointment by the remainder of the Council. The remaining two members shall be selected at large by the City Council as a whole. To the greatest extent possible, it is the goal of the Council to select Board members in a manner designed to provide a diversity of ethnic, racial, and socioeconomic backgrounds as well as a diversity of geographic representation from all areas of the city. § 2.12.170 Terms of Office of Board Members. Appointments to the Board shall be for two-year terms and shall be made during the month of January immediately following the bi-annual November election of City Council members; provided, that the initial appointments to the Board shall be for a period of time of less than two years, as the initial appointees shall serve only until their successors are named.
Vacancies on the Board shall be filled for the unexpired term and shall be made pursuant to the same procedures that were used for the initial selection of the departing Board member. At the first meeting of the Board after the bi-annual January appointment of a new Board, the Board members shall select a chairperson and a vice-chairperson from among their members. § 2.12.180 Qualifications of Board Members. In addition to the requirements for diversity of membership on the Board, as set forth in § 2.12.160, to be eligible for appointment to the Board, individuals must be objective, unbiased and without any conflict of interest as it applies to the Police Department, its officers and employees, and relationships between members of an individual’s family and the Department and its employees. The phrase CONFLICT OF INTEREST, as used herein, shall, in addition to the meaning given to it under the Fair Political Practices Act and regulations promulgated thereunder, also mean that Item #: 14.3
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an individual, and the individual’s immediate family, are free of any disputes, disagreements, claims or legal action against the Police Department and any of its officers and employees.
Although the Municipal Code states that the selection occurs in January, historically, the appointments have occurred in December following the certification of the election results to ensure Board members are appointed prior to the first Board meeting in January. Members will serve a term beginning January 1, 2025 through December 31, 2026.
Applications of those interested in serving on the Police Department Citizen Complaint Review Board have been provided for Council review and consideration. Staff recommends making appointments to all seven seats at this time. If Council chooses to delay any appointments, the current members will continue to serve until their successor is appointed.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Applications
Reviewed/Approved:
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Staff Report
Meeting: City Council
Date: December 17, 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.
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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:
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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 17, 2024
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Council Representation on Local and Regional Boards and Committees
RECOMMENDED ACTION
Approve appointments of the City Council representatives to local and regional boards and committees.
SUMMARY
Following the General Municipal Election, the City Council considers appointment of City Council representation on local and regional boards and committees. The current appointments are attached for Council review. Council may choose to maintain the current representation with the exception of the Tulare County City Selection Committee which is made up of the mayors of all eight incorporated cities in Tulare County. The new mayor will serve on this committee and designate an alternate.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Council Representative List
Reviewed/Approved:
Item #: 14.5
General Business
14.5 General Business Page 1
City Council Representation on Local and Regional Boards and Committees Board/Committee Sigala Sayre Harrell Mederos Isherwood
Agri-Center Board Liaison X
Tulare County Council of Cities X
Tulare County Association of
Governments (TCAG) Alt. X
Tulare County Local Agency Formation
Commission (LAFCo) X* X*
Tulare Downtown Association Board of
Directors X
City Employee Health Insurance
Committee X
City Investment Committee X
Teens-On-Board Liaison X
Tulare Irrigation District Joint Comm. X*
Mid-Kaweah Groundwater Sustainability
Agency (MKGSA) Board Alt. X*
Tulare County Task Force on
Homelessness X Alt.
Tulare County Economic Development
Corporation Board of Directors (City
Manager is primary)
Alt.
Tulare County Regional Transit Agency
Board of Directors X Alt.
San Joaquin Valley Unified Air Pollution
Control District Citizens Advisory
Committee
X*
San Joaquin Valley Special City
Selection Committee X
Tulare County City Selection Committee
(mayor selects alternate) X
*Tulare County Local Agency Formation Commission: Harrell appointed as alternate board member; term 5/2021-5/2025; Mederos appointed as large city representative, term 5/2024-5/2028 *Tulare Irrigation District Joint Committee – BPU representative is Howard Stroman *Mid-Kaweah GSA – BPU representative is Blake Wilbur, City Manager or designee as alternate *San Joaquin Valley Unified Air Pollution Control District Citizen Advisory Committee: Mederos appointed as City primary; term expires 1/31/2025
14.5 General Business Page 2
Board/Committee Appointment/Selection
Process Contact/Meeting Information
Agri-Center Board Liaison Selected by Council, subject
to confirmation by the AgriCenter Board.
Tulare County Council of Cities
Consists of elected members from
the incorporated cities working
cooperatively in developing
solutions to regional issues.
Selected by Council. Maria Ruiz Ibarra
(559) 713-4314
[email protected]
Meetings
Every 2 months on the third
Wednesday at 4:00 p.m.
Tulare County Association of
Governments (TCAG) Board of
Governors
A joint powers authority that
serves as Metropolitan Planning
Organization for Tulare County
and has responsibilities as Tulare
County’s Council of Governments,
transportation authority, and
Regional Transportation Planning
Agency.
Selected by Council (primary
and alternate).
(559) 623-0450
[email protected]
Meetings
Every month on the third
Monday at 1:00 p.m.
Tulare County Local Agency
Formation Commission
(LAFCo)
Responsible for coordinating
logical and timely changes in local
governmental boundaries,
conducting special studies which
review way to reorganize,
simplify, and streamline
governmental structure and
preparing Spheres of Influence for
each city and special district
within the County.
Composed of 2 county
supervisors selected by the
Board of Supervisors, 2 city
council representatives
selected by a majority of the
mayors in the county (Tulare
County City Selection
Committee), and 1 public
member selected by the other
4 members. There is an
alternate for each category –
city, county, and public.
Ben Giuliani
(559) 623-0450
[email protected]
Meetings
Every month on the first
Wednesday at 2:00 p.m.
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Board/Committee Appointment/Selection
Process Contact/Meeting Information
Tulare Downtown Association
Board of Directors
Selected by Council. John Harman
(559) 685-2350
[email protected]
Meetings
Every month on the first
Wednesday at 4:00 p.m.
City Employee Health
Insurance Committee
Formed to review, vote, and then
recommend to City Council on
matters regarding health
insurance coverage selection/
changes for active and retired
employees. Provides updates on
the status of the City’s health plan
and make recommendations on
rate increases, if needed, based
on the City’s insurance broker’s
recommendation.
Selected by Council.
Consists of representatives
from each union group, a City
Council Member, and a City
retiree.
Human Resources
(559) 684-4202
[email protected]
Meetings
As needed
City Investment Committee Selected by Council.
Historically, the Mayor has
served on this committee.
Treasurer (CFO)
(559) 684-4253
[email protected]
Meetings
As needed
Teens-On-Board Liaison
Established to provide youth the
opportunity of leadership in their
community. Council
representative will serve on the
interview panel and assist with the
selection process.
Selected by Council. Community Services Dept.
(559) 684-4316
[email protected]
Meetings
As needed
14.5 General Business Page 4
Board/Committee Appointment/Selection
Process Contact/Meeting Information
Tulare Irrigation District Joint
Committee
Established by the Operations
and Management agreement of
May 10, 2005. Addresses ongoing
issues, beginning with the
identification of storm water
discharge points and capacities
into TID facilities.
Selected by Council (one
Council and one BPU
representative)
Consists of the City Manager,
TID General Manager, 2
members each of City
Council, BPU, TID Board and
appropriate TID staff.
Tulare Irrigation District
(559) 686-3425
Meetings
Mid-Kaweah Groundwater
Sustainability Agency (MKGSA)
Board
A joint powers authority (City of
Visalia, City of Tulare, and Tulare
Irrigation District) responsible for
the development, adoption, and
implementation of a Groundwater
Sustainability Plan as required by
the Sustainable Groundwater
Management Act of 2014.
Selected by Council (one
Council and one BPU
representative, plus one
alternate)
Tulare Irrigation District
(559) 686-3425
Meetings
Tulare County Task Force on
Homelessness
Advise and assist the Tulare
County Health & Human Services
Agency in the Agency’s efforts to
address homelessness issues
affecting the community and to
report to the Board of Supervisors
on a periodic basis.
Selected by Council (primary
and alternate).
Health & Human Services
(559) 624-8054
Meetings
Every month on the third
Wednesday at 1:30 p.m.
Tulare County Economic
Development Corporation
Board of Directors
Selected by Council (primary
and alternate). Currently, the
city manager serves as
primary.
Airica de Oliveira
(559) 625-3100
Meetings
Every month on the fourth
Wednesday at 7:30 a.m.
14.5 General Business Page 5
Board/Committee Appointment/Selection
Process Contact/Meeting Information
Tulare County Regional Transit
Agency Board of Directors
Governs the TCRTA which
provides fixed-route, ADA
complementary paratransit, and
on-demand service in the cities of
Dinuba, Exeter, Farmersville,
Lindsay, Porterville, Tulare,
Woodlake, and the
unincorporated areas of Tulare
County.
Selected by Council (primary
and alternate).
Derek Winning
(559) 623-0832
Meetings
Every month on the third
Monday at 6:00 p.m.
San Joaquin Valley Unified Air
Pollution Control District
Citizen Advisory Committee
Nominated by Council.
Appointed by City Selection
Committee.
Consists of one Industry/Ag,
one Environmental, and one
City representative (one
alternate for each) for each
County in the District.
Michelle Franco
(559) 230-6000
Meetings
Every month on the first
Tuesday at 10:00 a.m.
San Joaquin Valley Special City
Selection Committee
Charged with making
appointments of city
representatives to the San
Joaquin Valley Air Pollution
Control District’s Governing
Board.
Selected by Council (primary
and alternate).
Consists of one member
selected by majority vote of
the council of each city
located within the District.
Michelle Franco
(559) 230-6000
Meetings
As needed
Tulare County City Selection
Committee
Established pursuant to
Government Code Section 50270
et seq for the purpose of
appointing representatives to
boards, commissions and
agencies as required by law.
Mayor (designate an
alternate)
Comprised of the mayors of
all 8 cities in Tulare County.
Melinda Benton
(559) 636-5000
Meetings
Quarterly (Jan, Apr, Jul, Oct)
and/or when an appointment is
necessary
14.5 General Business Page 6
City of Tulare
Agri-Center of the World
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE
ITEM TITLE
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #: 15.1
Future Agenda Items