Agenda packet — Tulare City Council, December 17, 2024 (part 1 of 4)

City of Tulare Page 1 of 5
City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, December 17, 2024 491 North M Street, Tulare CA 93274 6:00 p.m. Special Meeting www.tulare.ca.gov 7:00 p.m. Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Regular City Council meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation.

Additional meetings of the City Council may be called as needed.

Members of the public may attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849 during Public Comment. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.

A person desiring to address the City Council is encouraged to complete a public comment card and provide to the city clerk prior to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Council. Depending upon the extent of the agenda and number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When invited by the mayor to speak, please approach the lectern and begin your comments by stating your name and city of residence.
• All remarks shall be addressed to the Council as a body and not to any member thereof. • No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor.
• No question shall be asked of a councilmember or a member of City staff except through the mayor.
• Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comment. • No person shall engage in disorderly or boisterous conduct which disturb, disrupt, impede, or otherwise render the orderly conduct of the meeting infeasible. Persons engaging in such conduct may be subject to ejection of the meeting pursuant to Government Code Sections 54954.3 and 54957.95.

Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

City of Tulare YouTube Channel: https://www.youtube.com/@cityoftulare3805 Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov. Copies are also available for public inspection at the City Clerk’s Office located at City Hall, 411 E. Kern Avenue, Second Floor, during normal business hours.

Councilmembers
Terry A. Sayre, Mayor
Patrick Isherwood, Vice Mayor
Jose Sigala
Stephen C. Harrell
Dennis A. Mederos
City Council Meeting Agenda Tuesday, December 17, 2024
City of Tulare Page 2 of 5
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Tulare is hereby called pursuant to section 54956 of the California Government Code.

1. CALL TO ORDER

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

2.1 Comprehensive Zoning Ordinance Update Review.

Recommended Action: Review and discuss the proposed updates to the City’s Zoning Ordinance.

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

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Steve Duyst, Pastor of Tulare Community Church, to deliver an invocation.

6. ACTIONS FOLLOWING THE 2024 GENERAL MUNICIPAL ELECTION

6.1 Declare Results of the City of Tulare November 5, 2024 General Municipal Election.

6.2 Administration of Oath of Office to Newly Elected City Councilmembers: Jose Sigala for District 1, Steve Harrell for District 3, and Patrick Isherwood for District 5.

6.3 Reorganization of the City Council.

Council Action: Select the mayor and vice mayor amongst the membership.

7. PROCLAMATIONS & RECOGNITIONS

7.1 Resolution of Commendation to Canby’s Air Conditioning & Heating for 100 Years.

8. PRESENTATIONS

8.1 2024 Concert Series Recap by Todd Speelman of Spade Entertainment.

9. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your 6:00 p.m. Special Meeting
City Council Meeting Agenda Tuesday, December 17, 2024
City of Tulare Page 3 of 5
city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

10. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

11. COUNCIL REPORTS AND ITEMS OF INTEREST

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

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

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

12.2 Approval of City Council Meeting Minutes.

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

12.3 Second Reading and Adoption of Ordinance 2024-06.

Recommended Action: Adopt Ordinance 2024-06 amending Chapter 7.09 (Wells) of the City of Tulare Municipal Code. [T. Whitfield]

12.4 Amendment to Contract with RSG, for Consulting Services.

Recommended Action: Approve an amendment to the contract with RSG, for consulting services associated with administration of American Rescue Plan Act (“ARPA”) funding. [M.

Gaboardi]

12.5 Lease of City-owned Property - 407 North K Street.

12.6 Parcel Map Acceptance – TPM 2022-01.

12.7 Parcel Map Acceptance – TPM 2024-02.

12.8 City of Tulare Health Care Center Agreement.

Recommended Action: Approve the City of Tulare Health Care Center Agreement with Elite Corporate Medical Services, Inc. (Elite), subject to minor clarifying and confirming revisions as approved by the City Attorney; and authorize the City Manager to execute the Agreement. [S.

Oneal]
City Council Meeting Agenda Tuesday, December 17, 2024
City of Tulare Page 4 of 5

13. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

13.1 Comprehensive Zoning Ordinance Update.

Recommended Action: Pass-to-print an ordinance adopting Zone Amendment No. 756 approving a Comprehensive Update to the City of Tulare’s Zoning Ordinance (Title 10 of the City of Tulare Municipal Code). [S. Sopp]
Environmental Findings: This project is exempt pursuant to Section 15061(b)(3) - (Common Sense Exemption) of the California Environmental Quality Act of 1970, as amended.

14. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

14.1 Analysis of Impediments and Consolidated Plan 101.

14.2 MOU with Cyclum Renewables, LLC and Central Cal Truck Stops, LLC.

14.3 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. [M. Hermann]

14.4 Cost Reimbursement for Parades and Events.

Recommended Action: Provide direction to staff regarding cost reimbursement for parades and events in which the city expends funds. [M. Anaya]

14.5 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. [M. Hermann]

15. FUTURE AGENDA ITEMS - NONE SUBMITTED

15.1 Moratorium of Demolition Permits.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Harrell

16. STAFF UPDATES
City Council Meeting Agenda Tuesday, December 17, 2024
City of Tulare Page 5 of 5

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

17.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representative: City Manager Mondell; City Attorney Zamora; Assistant City Manager McDonnell; Human Resources Director Oneal
Employee Organization: Tulare Police Officers Union (TPOU) Unrepresented Employee: Police Management Group

18. RECONVENE FROM CLOSED SESSION

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

20. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 7, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

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

POSTED: Thursday, December 12, 2024 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: December 17, 2024 Agenda Memo
Date: December 12, 2024
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
6:00 p.m. Special Meeting

1. CALL TO ORDER

2.1 Comprehensive Zoning Ordinance Update Review.

Recommended Action: Review and discuss the proposed updates to the City’s Zoning Ordinance.

Summary: In 2020, City of Tulare staff obtained a Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development (HCD). Staff’s proposed use for these grant funds was to complete a Comprehensive Zoning Ordinance Update of Title 10 of the City of Tulare Municipal Code. To begin the project, the City issued a Request for Proposals (RFP) to obtain professional services assistance with public outreach associated with the project as well as the preparation of the comprehensive update. QK Inc. was selected.

The goals of the comprehensive update included bringing the City’s zoning code into conformance with changes to State law, including changes related to accessory dwelling units, emergency shelters, transitional and supportive housing and other needed revisions relating to housing. Another goal was to adopt objective design standards relating to housing development and to revise and streamline portions of the ordinance including the City’s Mixed-Use Ordinance.

During the preparation of the City’s Comprehensive Update, the city with the assistance of QK Inc., worked to obtain public participation and input. At the beginning of the Project, QK Inc. and, and City staff met with Stakeholders within the development community such as builders, Realtors, contractors, and other individuals who interact regularly with the city and have experience with the existing development code.

Tulare City Council Page 2
Agenda Memo - December 17, 2024
The City then held a series of five public workshops with the Planning Commission. Each workshop was publicly noticed. Events were posted to the City’s social media accounts and posted on the City’s website. Each workshop concentrated on different aspects of the development code and solicited discussion and input from the community and Planning Commission. Workshops discussed topics such as objective design standards, zoning classifications, parking, signs, and others. Public input was received and able to be provided regarding each topic discussed and regarding the Project as a whole.

Changes of Note
The Comprehensive Update proposes formatting changes to all chapters of the zoning code with text revisions being made to many chapters and wholesale re-writes of some chapters proposed. These changes are comprehensive and make it so that staff is unable to provide a redline version showing the changes that have been made. Below is a summary of some of the changes that staff would like to note. This is not a comprehensive list. - Accessory Dwelling Unit (ADU) requirements – requirements relating to the construction of ADUs and JADUs updated to be consistent with state law. - Reduction in Number of Residential Districts – the number of single-family residential and multi-family residential zones have been consolidated.
- Planned Unit Development – chapter has been rewritten to make application and implementation more simple and clear.
- Mixed-Use Zone – chapter has been rewritten to make application and implementation more simple and clear and to allow in both commercial and multi-family zones. - Signs – chapter has been re-written.

Zoning Map
As a result of changes to the zoning ordinance, changes to the zoning map are also being proposed. Proposed changes to the zoning map are being made to address the following issues:

1. Make the existing zoning of parcels consistent with the existing General Plan Land Use Designation adopted within the 2035 General Plan.

2. The proposed zoning ordinance is reducing the number of residential zone districts. For example, all parcels zoned R-1-7 (Single-family Residential, 7,000 sq. ft. minimum lot area) and, R-1-8 (8,000 sq. ft. minimum lot area) are being changed to be zoned R-1-6 (6,000 sq. ft. minimum lot area) as the R-1-7 and R-1-8 zones are being eliminated.

Public Comments
Staff received a comment letter from Leadership Counsel for Justice and Accountability alongside the Matheny Tract Committee regarding the proposed Comprehensive Update. Due to timing, staff was unable to respond to the comments received prior to the Planning Commission making a recommendation. Staff has subsequently worked to provide written response to the comments received. The comments and staff’s response to them have been included within the agenda materials provided.

Environmental Findings
This project is exempt pursuant to Section 15061(b)(3) - (Common Sense Exemption) of the California Environmental Quality Act of 1970, as amended.

Planning Commission Recommendation
On November 25, 2024, the Planning Commission voted 4-0 with one absent to recommend that the City Council approve Zone Amendment No. 756 adopting the Comprehensive Update Tulare City Council Page 3
Agenda Memo - December 17, 2024
to Title 10 of the City of Tulare Municipal Code with some minor corrections and revisions being made. Those changes have been provided as part of the attachments included with this item.

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

Alternative Action: Not applicable.

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

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Steve Duyst, Pastor of Tulare Community Church, to deliver an invocation.

6. ACTIONS FOLLOWING THE 2024 GENERAL MUNICIPAL ELECTION [Time Estimate: 7:05 p.m.]

6.1 Declare Results of the City of Tulare November 5, 2024 General Municipal Election.

Council Action: Adopt a resolution accepting the official canvass and certified Statement of Votes of the November 5, 2024 General Municipal Election and declaring the results and other such matters as provided by law. [M. Hermann]
Summary: On November 5, 2024, the General Municipal Election was held which included elections for the City of Tulare’s City Council Areas (Districts) 1, 3, and 5. The City consolidates its elections with the Tulare County Elections Office who performs most elections-related tasks for the City including conducting the official canvass. On December 3, 2024, the Tulare County Registrar of Voters certified the results of the official canvass which is provided as Exhibit A of the attached resolution. The results are summarized as follows:

Election Candidate # of Votes
Tulare City Council Area (District) 1 Jose Sigala 2,221 Tulare City Council Area (District) 3 Steve Harrell 2,359 Tulare City Council Area (District) 5 Patrick Isherwood 4,387 The candidates ran for their respective offices unopposed. The elected councilmembers will serve a four-year term which will end in December 2028 or until their successors are elected and qualified. Following adoption of the resolution, the City Clerk will swear in the new councilmembers.

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

Legal Review: This item does not require legal review.

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

6.2 Administration of Oath of Office to Newly Elected City Councilmembers: Jose Sigala for District 1, Steve Harrell for District 3, and Patrick Isherwood for District 5.

6.3 Reorganization of the City Council.

Council Action: Select the mayor and vice mayor amongst the membership. [M. Hermann] Tulare City Council Page 4
Agenda Memo - December 17, 2024
Summary: Every two years following the General Municipal Election, newly elected councilmembers are sworn in and a new mayor and vice mayor are selected amongst the membership to serve in these roles for two years.

These positions serve a two-year period without limit. Both positions carry additional responsibilities, but neither position carries additional power beyond those of all other councilmembers.”
Any member of the Council may make the motion to select a member to serve as the mayor or vice mayor. The selection must be confirmed by majority vote of the Council.

Following the selection of the new mayor and vice mayor, the Council will move seats to ensure the mayor is seated at the center of the dais, the vice mayor is directly to the left of the mayor, and the immediate past mayor to the right of the new mayor (Chapter 4, Section C1 of the Handbook). The seating of the remaining two councilmembers shall be as agreed between them and, if not agreed upon, as designated by the mayor.

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

Legal Review: This item does not require legal review.

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

7. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:35 p.m.]

7.1 Resolution of Commendation to Canby’s Air Conditioning & Heating for 100 Years.

8. PRESENTATIONS [Time Estimate: 7:40 p.m.]

8.1 2024 Concert Series Recap by Todd Speelman of Spade Entertainment.

9. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:00 p.m.]

11. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 8:10 p.m.] Tulare City Council Page 5
Agenda Memo - December 17, 2024

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

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

12.2 Approval of City Council Meeting Minutes.

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

12.3 Second Reading and Adoption of Ordinance 2024-06.

Recommended Action: Adopt Ordinance 2024-06 amending Chapter 7.09 (Wells) of the City of Tulare Municipal Code. [T. Whitfield]
Summary: In November 2018, the City Council approved Ordinance 18-11, which established policies in Municipal Code Chapter 7.09 for the construction, modification, repair, abandonment, or destruction of wells in the City of Tulare. The purpose of the ordinance is to manage the groundwater supply so that it will not be contaminated or polluted, to ensure that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety, or welfare of the residents, and to monitor the amount of water pumped from any wells within the City.

While the intent of the original ordinance was to eliminate the construction of non-City wells within the City of Tulare, this was not clearly stated in the ordinance. The proposed revisions clarify the intent and also clean up the formatting to match the standard format of the City’s Municipal Code. The redlined copy of Chapter 7.09 is attached, as well as a clean copy reflecting the revisions. The proposed revisions were made and reviewed by the Public Works Department, Engineering, Assistant City Manager, City Manager and City Attorney.

The Board of Public Utilities approved the revisions as presented at their November 21, 2024 meeting. The Board recommended for staff to introduce the revisions for adoption by the City Council.

On December 3, 2024, the proposed ordinance was introduced and passed-to-print by Council.

This is the second reading and adoption as required pursuant to Section 15 of the City’s Charter.

There have been no changes made to the ordinance since introduction.

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

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny – If denied, the existing ordinance will still be in effect, but staff may not be able to deny well drilling requests within City limits; or 3) Table – If postponed, well drilling requests that are submitted before any changes are made may have to be approved.

12.4 Amendment to Contract with RSG, for Consulting Services.

Recommended Action: Approve an amendment to the contract with RSG, for consulting services associated with administration of American Rescue Plan Act (“ARPA”) funding. [M.

Gaboardi]
Tulare City Council Page 6
Agenda Memo - December 17, 2024
Summary: The purpose of this item is to extend the services currently provided by RSG. The City and RSG entered into an agreement for as-needed consulting services effective January 1, 2022. Prior amendments have been authorized by City Council and the current agreement expires on December 31, 2024. It is necessary to continue these services and RSG has agreed to extend the agreement through June 30, 2027 at existing rates for an additional amount not to exceed $50,000; total amended contract not to exceed $125,000. City Council appropriated additional funds to cover this activity under resolution 2024-64.

Fiscal Impact & Funding Source(s): American Recovery Plan Act – ARPA Consultant – Category 7.1; Account: 028-4145-5201
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the contract amendment is not approved, we will no longer have consulting services for this funding source.

12.5 Lease of City-owned Property - 407 North K Street.

Recommended Action: Approve a five-year lease agreement with New Life Ministries of Tulare County for the building located at 407 North K Street for $1,500 per month; and authorize the City Manager to execute all necessary documents on behalf of the City. [M. Correa] Summary: On November 25, 2024, Larry and Grady Dodson and Luther and Candice Haas viewed the City-owned building at 407 North K Street and expressed interest in leasing the property and submitted the following proposal to staff via email:
“After viewing the property at 407 N K Street, New Life Ministries of Tulare County (www.nlmtc.com) would like to pursue leasing this property as soon as possible.

We have also provided workshops to Tulare County mental health providers. New Life Ministries strives to be a source of hope by offering humility, optimism, and support to everyone we encounter. NLMTC emphasizes mental health wellness while assisting others in accessing mental health services to address all personal issues. We believe all people can embrace who they are, can define their future, and can change the world. Our mission is to empower people to take control of their lives through strategic and personalized planning. Everyone is worth saving. Families are the foundation of our communities. Fix our families, fix our communities.

New Life Ministries of Tulare County is searching for a building or office space to be able to conduct small groups per our grant with Tulare County Mental Health Services and be a hub for New Life Ministries. We need a space to provide small group settings that help all people overcome issues that impede their achievement and ability to succeed. Small groups are led by a trained facilitator. Groups can range from 3 people to 20 people. Within these groups participants are helped to identify problems, causes, alternative solutions, and possible consequences so they can make decisions that lead to positive outcomes.

We look forward to collaborating with the City of Tulare, just as we have done with Tulare County.”
The property will be managed by Anderson Property Management with a 7% monthly fee. The new lease rate will start at $1,500 per month subject to an annual increase of 3%.

Tulare City Council Page 7
Agenda Memo - December 17, 2024
Fiscal Impact & Funding Source(s): None
Legal Review: Contract will be reviewed by the City Attorney’s Office prior to signing.

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

12.6 Parcel Map Acceptance – TPM 2022-01.

Recommended Action: Approve the Parcel Map filed by Paula C. Ametjian, general partner of the Armistre Ametjian Staley Family Limited Partnership and Trustee of the Paula C. Ametjian Separate Property Trust for the division of land located on the north side of Tulare Avenue between Mountain View Street and Aronian Street for recordation, and accept all easements and dedications offered to the City. [M. Miller]
Summary: Tentative Parcel Map No. 2022-01 filed by Paula C. Ametjian would create four parcels and one remainder parcel from one existing parcel and was approved by the City of Tulare Parcel Map Committee on March 28, 2022. This parcel map comprises approximately 437,077 square feet. Parcel 1 would be 8,018 square feet, Parcel 2 would be 8,015 square feet, Parcel 3 would be 8,017 square feet, Parcel 4 would be 76,309 square feet & the Remainder Parcel would be 336,718 square feet. Right-of-way dedication for street purposes along Mountain View Street and Eastgate Avenue are shown on the Parcel Map. A 6-foot public utility easement dedicated to the City along the parcels’ Mountain View Street, Aronian Street and Eastgate Avenue frontages is provided on Map.

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

Legal Review: The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes – Changes may result in delay to project continuing and additional financial burden to applicant; 2) Deny – Construction of the proposed single-family residential construction project would not be permitted and would not allow for future development to occur; or 3) Table The delay resulting from tabling the item could adversely impact the Developer’s project financing and completion.

12.7 Parcel Map Acceptance – TPM 2024-02.

Recommended Action: Approve the Parcel Map filed by Joe Pedro, chairperson of The First Church of God of Tulare, for the division of land located on North Blackstone Street, and accept all easements and dedications offered to the City. [M. Miller] Summary: Tentative Parcel Map No. 2024-02 filed by Joe Pedro would create two parcels from one existing parcel and was approved by the City of Tulare Parcel Map Committee on June 24, 2024. This parcel map comprises approximately 6.68 acres. Parcel 1 would be 4.48 acres and Parcel 2 would be 2.2 acres. Right-of-way dedication for street purposes along Blackstone Street are shown on the Parcel Map. A 6-foot public utility easement dedicated to the City along the parcels’ Blackstone frontage is provided on the Map.

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

Legal Review: The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes – Changes may result in delay to project continuing and additional financial burden to applicant; 2) Deny – Creation of additional parcel Tulare City Council Page 8
Agenda Memo - December 17, 2024
would not continue; or 3) Table The delay resulting from tabling the item could adversely impact the Developer’s future site development.

12.8 City of Tulare Health Care Center Agreement.

Oneal]
Summary: City management has been exploring the possibility of opening a health care center for City employees with a goal of supporting employee wellness with quick and easy access to medical care. The following actions have already occurred:

On July 20, 2024, the City issued a Request for Proposals for a health care center. Proposals were due on September 3, 2024.

On September 23, 2024, the City review panel conducted an initial screening of the proposals.

On October 3, 2024, the review panel held interviews with all firms who submitted proposals.

On October 7, 2024, the review panel unanimously recommended Elite to move forward in the process. The other proposals received were from:
- Adventist Health: Annual estimated operating cost $971,280 (or $95 per member). - Concentra Onsite Health: Annual estimated operating cost $615,557 (or $60 per member).

On November 19, 2024, the City Council approved the health care center term sheet and authorized the City Attorney to prepare the agreement. The agreement is consistent with the approved term sheet. The basic terms include:
o The Employee Health Center (Center) is to be located within the city limits, preferably within Downtown, and shall be exclusive to the City of Tulare, unless an agreement is reached to allow other organization participation.
o An initial three-year agreement (to commence no later than March 1, 2025). o The Center will operate for a minimum of 32 hours per week during normal business hours (9am to 5pm, Monday through Friday). Alternative hours or extended hours (including Saturdays) can be agreed to by separate letter.
o Two additional five-year option terms (fee to be renegotiated). o City shall pay to Elite a monthly fee of $40,194.67. The parties agree that the monthly fee and services will be reviewed on an annual basis and may result in an amendment to the agreement if mutually agreeable. A mutually agreeable increase per year, not to exceed published COLA.
o City shall pay Elite an initial one-time startup fee of $16,220.00. This fee is for all necessary licensing, IT set-up and hardware, IS programming, Electronic Medical Records set-up and licensing, and any other related initial account set-up fees. o Facility & Exam Rooms – City will be given a pass-through cost of the furniture/equipment and improvements, reimbursed to Elite up to $30,000 upon issuance of certificate of occupancy along with proof of expenditures to cover its portion of the initial tenant improvement and equipment cost. All improvements and purchases require advance City review, approval, and permitting as applicable.
o City agrees to a flat rate of $5,400 per exam/lab room as desired based on mutually agreed upon final clinic design.

Tulare City Council Page 9
Agenda Memo - December 17, 2024
o Default – Both parties to provide written notice and allow 60-day cure period not including a force majeure event.
o Elite is solely responsible for the management and day to day operations of the Center including:
 Staffing of medical, technical, and support staff which hold the property licensures and certifications and demonstrate strong interpersonal skills, a service mentality, and passion for the treatment, care, and recovery of patients including one bilingual staff member located at the Center.
 Supply and inventory management.
 Medical administration of patient care including patient management and referral management (including Medicare).
 Maintain patient records in a secure environment and in compliance with HIPAA regulations.
 Actively manage patient health by deploying target wellness and chronic disease management initiatives.
 Provide regularly scheduled reports to the City that sufficiently describe the program impact, cost impact, employee satisfaction, and other parameters as agreed upon by the City.
 Refer patients to cost-effective, local providers who are in the City’s medical insurance network.
 Refer post-65-year-old patients to Medicare providers. o Elite will ensure the Center will accept walk-in patients and same day appointments to the extent possible and will provide an online scheduling option. o Elite shall be responsible for all maintenance, repair, and replacement of City purchased equipment, except for any special equipment requests.

Fiscal Impact & Funding Source(s): A summary of the estimated expenses and potential funding options are found below. These numbers are variable and depend on utilization rates, new entities being added for cost sharing, prescription rebates, etc.

Expense Year 1 Year 2 Year 3 Notes
Initial Start Up $62,000 NA NA
Annual Expense $361,500 $481,500 $481,500 Year 1 - (3/25-12/25) TOTAL POTENTIAL COST $423,500 $481,500 $481,500
Funding Year 1 Year 2 Year 3
PCP Claim Reduction (Fund 060) $160,000 $198,000 $238,000 RX Prescription Rebates (Fund 060) $150,000 $150,000 $150,000 New Hire Physicals, DOT Physicals,
Vaccinations (various funds) $30,000 $35,000 $40,000
Annual Firefighter exams $20,000 $25,000 $25,000
TOTAL POTENTIAL SAVINGS $360,000 $408,000 $453,000
Remaining - Fund Balance 060 $63,500 $73,500 $28,500
Audited Financials FY23 060 Fund
Balance $5,600,000
Tulare City Council Page 10
Agenda Memo - December 17, 2024
The City will work with Elite to achieve cost savings as possible. Cost savings may occur either through increased employee utilization, through organization partnerships, or both. If after the initial three-year term, the Center is determined to be financially unviable then the City can renegotiate costs prior to approving the option term or cease operations.

Legal Review: The City Attorney’s office has reviewed and approved the agreement.

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

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:25 p.m.]

13.1 Comprehensive Zoning Ordinance Update.

The City then held a series of five public workshops with the Planning Commission. Each workshop was publicly noticed. Events were posted to the City’s social media accounts and posted on the City’s website. Each workshop concentrated on different aspects of the development code and solicited discussion and input from the community and Planning Commission. Workshops discussed topics such as objective design standards, zoning classifications, parking, signs, and others. Public input was received and able to be provided regarding each topic discussed and regarding the Project as a whole.

Tulare City Council Page 11
Agenda Memo - December 17, 2024
Changes of Note
The Comprehensive Update proposes formatting changes to all chapters of the zoning code with text revisions being made to many chapters and wholesale re-writes of some chapters proposed. These changes are comprehensive and make it so that staff is unable to provide a redline version showing the changes that have been made. Below is a summary of some of the changes that staff would like to note. This is not a comprehensive list. - Accessory Dwelling Unit (ADU) requirements – requirements relating to the construction of ADUs and JADUs updated to be consistent with state law. - Reduction in Number of Residential Districts – the number of single-family residential and multi-family residential zones have been consolidated.
- Planned Unit Development – chapter has been rewritten to make application and implementation more simple and clear.
- Mixed-Use Zone – chapter has been rewritten to make application and implementation more simple and clear and to allow in both commercial and multi-family zones. - Signs – chapter has been re-written.

Zoning Map
As a result of changes to the zoning ordinance, changes to the zoning map are also being proposed. Proposed changes to the zoning map are being made to address the following issues:

3. Make the existing zoning of parcels consistent with the existing General Plan Land Use Designation adopted within the 2035 General Plan.

4. The proposed zoning ordinance is reducing the number of residential zone districts. For example, all parcels zoned R-1-7 (Single-family Residential, 7,000 sq. ft. minimum lot area) and, R-1-8 (8,000 sq. ft. minimum lot area) are being changed to be zoned R-1-6 (6,000 sq. ft. minimum lot area) as the R-1-7 and R-1-8 zones are being eliminated.

Environmental Findings
This project is exempt pursuant to Section 15061(b)(3) - (Common Sense Exemption) of the California Environmental Quality Act of 1970, as amended.

Planning Commission Recommendation
On November 25, 2024, the Planning Commission voted 4-0 with one absent to recommend that the City Council approve Zone Amendment No. 756 adopting the Comprehensive Update to Title 10 of the City of Tulare Municipal Code with some minor corrections and revisions being made. Those changes have been provided as part of the attachments included with this item.

Fiscal Impact & Funding Source(s): The preparation of the proposed Comprehensive Update was fully funded through a grant obtained by the Community Development Department. There is no fiscal impact associated with this action.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. A decision not to approve the proposed Comprehensive Update will result in certain sections of the current code Tulare City Council Page 12
Agenda Memo - December 17, 2024
continuing to be inconsistent with state law, recent case law and revisions being requested by the California Department of Housing and Community Development.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:55 p.m.]

14.1 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. [A. Costales]
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 Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

Alternative Action: Not applicable.

14.2 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. [T. Myers]
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 Tulare City Council Page 13
Agenda Memo - December 17, 2024
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, ethanolbased 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.

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
Tulare City Council Page 14
Agenda Memo - December 17, 2024
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; 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 Source(s): All tax revenue generated by the Project will be reinvested 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; or 3) Table.

Tulare City Council Page 15
Agenda Memo - December 17, 2024

14.3 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. [M. Hermann] 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 vicechairperson 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 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.

Tulare City Council Page 16
Agenda Memo - December 17, 2024
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 Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

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

14.4 Cost Reimbursement for Parades and Events.

Recommended Action: Provide direction to staff regarding cost reimbursement for parades and events in which the city expends funds. [M. Anaya]
Summary: At the November 5, 2024 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 Tulare City Council Page 17
Agenda Memo - December 17, 2024
costs consisting of staff time for public safety personnel, along with services provided by neighboring jurisdictions, such as the County.

In the past couple of years, events like the annual MLK walk have only gone through Site Plan Review and the only associated costs would be for an amplified sound permit (if using amplified sound). It was conveyed to staff that participants would be walking on the sidewalks and utilizing crosswalks. If participants intend to walk in the street roadway, then there would be the additional cost for the Special Event/Parade Application fee, and costs associated with hiring a motorcade service. It is staff’s understanding that in at least the last 2-3 years the Police Department does not provide complimentary motorcade services, nor does the City’s Streets Division implement complimentary traffic control services for these events put on by other organizations.

Furthermore, Tulare Municipal Code 8.70 focuses on Parades and Events and currently allows the city to impose fees to cover the cost of police services/escorts. A copy of Chapter 8.70 is attached to this staff report for reference. There currently is no particular reference to process or procedures specific to events occurring as a result of a national holiday.

Upon Council discussion, staff is seeking Council input regarding the adequacy of the existing requirements in the Code and how staff has been implementing the processing and permitting for parades and events, as well as direction on any proposed revisions to the attached municipal code chapter or the costs associated with parades and events in the city.

Fiscal Impact & Funding Source(s): If it is Council’s intent to facilitate and cover the costs for certain parades and events, staff requests direction on the source of additional funds.

One potential option is the Council’s Community Improvement discretionary funds. A summary of the current fund balance is below:

Account Current Balance
001-4010-2117 Community Improvement – District 1 $2,500 001-4010-2217 Community Improvement – District 2 $2,500 001-4010-2317 Community Improvement – District 3 $1,476.75 001-4010-2417 Community Improvement – District 4 $2,500 001-4010-2517 Community Improvement – District 5 $2,125 Legal Review: This item does not require legal review.

Alternative Action: 1) Approve Council-directed requests for changes to the Code text and procedures for parades and events; 2) Deny any changes to the Code text and procedures for parades and events. The current existing Code language and procedures for parades and events will continue to be followed by staff; or 3) Table this item until a future date, as determined by Council. The current existing Code language and procedures for parades and events will continue to be followed by staff.

14.5 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. [M. Hermann]
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 Tulare City Council Page 18
Agenda Memo - December 17, 2024
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 Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

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

15. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 10:55 p.m.]

15.1 Moratorium of Demolition Permits.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Harrell

16. STAFF UPDATES [Time Estimate: 11:00 p.m.]

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 11:05 p.m.]

18. RECONVENE FROM CLOSED SESSION [Time Estimate: 11:35 p.m.]

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

20. ADJOURNMENT [Time Estimate: 11:35 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 7, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Comprehensive Zoning Ordinance Update Review

RECOMMENDED ACTION
Review and discuss the proposed updates to the City’s Zoning Ordinance.

SUMMARY
In 2020, City of Tulare staff obtained a Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development (HCD). Staff’s proposed use for these grant funds was to complete a Comprehensive Zoning Ordinance Update of Title 10 of the City of Tulare Municipal Code. To begin the project, the City issued a Request for Proposals (RFP) to obtain professional services assistance with public outreach associated with the project as well as the preparation of the comprehensive update. QK Inc. was selected.

Each workshop concentrated on different aspects of the development code and solicited discussion and input from the community and Planning Commission. Workshops discussed topics such as objective design standards, zoning classifications, parking, signs, and others. Public input was received and able to be provided regarding each topic discussed and regarding the Project as a whole.

This is not a comprehensive list.
- Accessory Dwelling Unit (ADU) requirements – requirements relating to the construction of ADUs and JADUs updated to be consistent with state law.
- Reduction in Number of Residential Districts – the number of single-family residential and multifamily residential zones have been consolidated. - Planned Unit Development – chapter has been rewritten to make application and implementation more simple and clear.

Item #: 2.1
Study Session

2.1 Study Session Page 1
- Mixed-Use Zone – chapter has been rewritten to make application and implementation more simple and clear and to allow in both commercial and multi-family zones. - Signs – chapter has been re-written.

Zoning Map
As a result of changes to the zoning ordinance, changes to the zoning map are also being proposed.

Proposed changes to the zoning map are being made to address the following issues:

1. Make the existing zoning of parcels consistent with the existing General Plan Land Use Designation adopted within the 2035 General Plan.

The comments and staff’s response to them have been included within the agenda materials provided.

Environmental Findings
This project is exempt pursuant to Section 15061(b)(3) - (Common Sense Exemption) of the California Environmental Quality Act of 1970, as amended.

Planning Commission Recommendation
On November 25, 2024, the Planning Commission voted 4-0 with one absent to recommend that the City Council approve Zone Amendment No. 756 adopting the Comprehensive Update to Title 10 of the City of Tulare Municipal Code with some minor corrections and revisions being made. Those changes have been provided as part of the attachments included with this item.

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

ALTERNATIVE ACTION
Not applicable.

ATTACHMENTS

1. PC Recommended Revisions

2. LCJA Comments

3. Staff Response to LCJA Comments

4. Proposed Zoning Map
Reviewed/Approved:

2.1 Study Session Page 2

2.1 Study Session Page 3

2.1 Study Session Page 4

2.1 Study Session Page 5

2.1 Study Session Page 6

2.1 Study Session Page 7

2.1 Study Session Page 8

2.1 Study Session Page 9

2.1 Study Session Page 10

2.1 Study Session Page 11
November 25nd, 2023
Attn: Mario Anaya
City of Tulare
Planning Department
491 North "M" Street
Tulare, California

LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
Re: 6.2 Comprehensive Zoning Ordinance Update
Dear Mr Anaya,
Leadership Counsel for Justice and Accountability ("LCJA") works alongside the Matheny Tract Commit1ee ("MTC"), a group comprised of l'vlatheny residents whose mission and purpose is to advocate for improved conditions in Matheny Tract. Together, we've successfully advocated for the connection of the community to tbe City ofTulare's water system, are advancing the community's connection to the City's wastewater system, and have advocated for the protection of the conununity's environmental health and infrastructural improvements by engaging with both the City and Tulare County.

Residents have continuously engaged in Tulare City Counci.l meeti ngs, have met with the City Manager, Marc Mondell, sent numerous letters to the City and County outlining the burdens they face as a result of the City's encroaching industrial development, and advocated for the establishment good-neighbor practices that would protect their community's health and infrastructure from said development, including a rezone of the industrial sites north of Matheny Tract, significant standard requirements to protect the community from heavy industrial developmeut east of their community, and recommendations to the zoning ordinance.

Unfortunately, the City bas not agreed to address issues related to tile persistent industrial development surroundiug Matheny Tract. On the contrary, the City has maintained its position of developing existing industrial-zoned land north of the community and expanding its industrial zone south of the community, enveloping Matheny Tract.
ln April 2023, LCJA, i11 collaborati011 witb MTC, submitted recommeudations to assist the City in developing a Zoning Ordinance draft that advances well-being, environmental health,

2.1 Study Session Page 12

DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
and equal acc·ess to opportunities for communities mo t burdened by pollution, particuJarly Matheny ract. Per our review of the October 2024 City of ulare Zoning Ordinances Public Draft (0 Zoning Ordinance Draft'). the City has failed to include our recommendations to expand public engagement and notification of projects, improve the accessibiJity of notifications of projects, and implement measure and polici to protect sen itive receptor 1, particularly low-ine-ome disadvant.aged communities, from th.e impacts of industria development and accompanytng trnffic and air quality impacts. TI1c zoning ordinance 1pdatc process presents the City witb the opportunity to adopt policie that uphold environmental. justic principle and protect the w 11-being of residents from Matheny Tract and 1ts con titucnt . We urg the ity to re.con ider our recommendations to ensur its land rrse practices affirmatively .further fair hon. ing and prot ct overly burd ne<l e-ommunitie from the impact of indu trial d velopment Outline of Recommendation
• The ity must nhanc-e pub he notification and engag ment in th approval of project . particu1arly ·n conm1e ·cia1, 1igbt, and heavy industrial zone , by expanding notification requirements to prope11y o,vne -~ and property occupant · within a mile of the project location to guarantee the public a seat at the table of land u ·e decision that can hold impacts to their community.
•· otification • mu t be acce: ·.ible to community by requiring Spani ·h and Mixteco tnm lations, being sent 0 day prior to the public hearing, the inclusion of an accurate de cription of the project, maps and drawings of the project and its proposed location. and be brnadcasted no less than 30 days prior to the public hearing on local radio and televi ion outlets in uglis 1, Mixteco, and Spani h.
• Activities in light and heavy industrial di t:ricts must not encroach on area that hou e ensitive land use , inc-luding home and • chools, and nm t mitigate any impact on the environment and sensjti ve receptm .
• The Cjty slrnH include requirement in development tandards tJiat , ou]d miti.gate potential harms of project jn commcrcia l, light, and heavy industrtal zones on re idcntial area and sen .itivc receptors including homes and schoo]s, through mca ur-cs such as in rea cd buffers and set-hack di tanc s, 0 rce,n boundaries, noi waU , and electric ehicle infra tmcturc.
1 Scnsiti,1c receptor. are chilclre.n, elderly a.~malics and 11.illicrs whosi..: an: al a hcighlcrit>d risk of 11cgaLi, • health outcome due lo exposure to air pollution. 1e location where Lhese sen iLi e recepto1's congregate are con idered en hive receptor location . . Sen itive Receptor locatiot1 may include ho, pitals. chool~, and dar care centel', and . ueh other location.· m, the: air cfo,lrict bo.:lltl or ·Ca liforn ia Air Resource.~ Boord may dcte1111 ine (California Health and Safety Code * 42705.5(a)t5)). Califorfoia Air Resou e • Bm1rd Sen iLive Rec:epto As ment. http ://ww2.arb.ca.govfoapp/c tl'rdi/sen iti,1e-reoeptor-asse , meut 2 2.1 Study Session Page 13

DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
• Requirements hould include at least two line of drought-resilient tree as a solid-screen buffering treatment along industrial project property lines ,vithi □ 1000 ft of sensitive receptors as a landscaping standard.
• tilize oonditionai use permits to aliow for extra consideration and pubhc input for industriaJ and commerciaJ projects when proposed :near en it'ive receptors. • \.Vhile only ertain type of pro'ecrs are eligible to b considered by the ite plan om mi nee. the committee can approve the project without n "eding rn go to th planning ommi. .sion or city ounci1 for consideration aild apprn al. Our recmnmendation i for new or xisting i11du trial proj ct or oper. tion Lhm ,viU increase the int nsity of operations not to b approved through the ite 01n1niue-e to "n ur a robu t public proce .. In tead, n w comrner ia] or indu tri I development and existing commerdaI or indu trial u e. invol ino ru-1 int n i:fication of land llL e hou]d b proce ed thr ugh the planning commi . ion.

Cut:rent Conditions iu_ Matheo>' Tract
Matheny Tract • a disadvantaged, uninco ·porated community located ·outhwest of the City of Tulare, within a mile radius of the ity's in.du ·trial development, including trucking and diese] industrie , food manufacturing, onstruction, recycling, demolition ites. and farm equiprne 1t manufacturing. The conunu lity begat as a place of refuge for ·f:-ican Amer·can farmworker in tl e m·d~20th centu·y and ha -conthued to be o erlooked and ig10red by the City of Tulare. 1 be industrie allowed and e 1couraged by the City's zoning burden the community ,vith emissions, noise mad deterioratio 1, and vibration from truck traffic from nearby faciliti,es during day-to~day operations, incJuding transportation of product . The City' recalcitrance to residents of Matheny Tract has ·esulted in the current lack of bas·c infrastructure, depletion of existing infra tructnre, and ,exposure to various sources of polluting land uses, including development under the City ofTulare's I treet Specific Plan.

Matheny T·act is enclosed by the city's indust-ial zone and e;ustmg indu trial development iacluding Truck & railer Repair, Double D Towing, and ruck Tub nt which houses large semi-trucks and traffic near the community. J'vfutheny Tract al o neighbor the Saputo Chee e factory Ruiz ood.s, and other large upply shops like Mid- alley Pipe & Supply Inc., CaJifomia Industrial Rubber, and I ydraulic Controls Inc. esidents in Matheny Tract lhttp ://w ww. bloom berg.comtne slarticles/20 I 5-10-08/t:he-drnugllt-force --wmer- y te m- on olid ation-in-callfomi a- -centraJ-valle
3 2.1 Study Session Page 14

DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
experience poor quality of life and health issues mainly exacerbated by the ramifications of living near various polluting ,ources. Despite its proximity to the City of Tulare, fatheny , ract continues to have ]imited basic infrastruchn-e, such a Jights and sidewalks. Considering the concern and burdens atheny resident bear could prevent a:dditiona1 environmental harm to the are.a, caused by future development while reducing pollution burden the conummity already face .

Matheny ract is in the 96tb percentile of CalEnviro creen ranking of alifomia communitie I poJtution burdens. making it one of the mo t poJ luted communities in the State.

Moreover~ the. community is tn the 99th percentile for groundwater contamination, 95th for PM2 .5 poUution, and 85th for ozone pollution. a result, the community' cardiovascular ,djsease rate is higher than 87.23% of the c.en us tract in California. ln addition, the community1s asthma rates are 75% bi J1cr than all other California ccnsu tracts, and rates of low birth weight ar in the 70t11 perc =-ntile. The City;s deci ion to desiouatc truck route and allO\ warehouse and oth r industriaJ land uses around Matheny Tract makes it nearly impossible for the ommunity to overcome it pollution burden. A. a linguisticaHy isofatc<l\ di ad antage-d. unincorporated community and predominantly community of color4 within the City' . pher of influence, the City must con ider how the i.ty' land use de, ignations and zone c,ode pro i ion negative]y impact the quality of life for re. idents .. Without a change in the ity'_ land_ use practices pollution lev ]s wi11 continue lo intensify, increasing ri. ks o1 re. pirntory and cardiova cuhlr dLea est poor birlh outcome,. and pr matur dealh. Proactiv I lanning in the General Plans loca1 ordinances, and good n _ ighbor policies ar fcmndalional to prot _ cting vu1nerab1e communitie from incompatible 1and uses and enviromn ntal harm, which the Attorney General'. Oftice ha· empha.iz.ed in its guidance and enforcement efforts .. Land use de ·ig11ation and oning deci.sions should channe d velopment into appropriate ar,eas and consider e i~t'ng co nmunities to avoid e acerbating exi ·ting condition . 5 To protect ,communities and support the City in updatjng th,e zon·ng code consistent wUh the City's Genera~ PJan, we pro 'id-e our comments b ' chapter aod section while J Matheny Tracl rank· in the 97th p -cen ·1e for linguistic isolation acwrding to C.ilEnviroScreeu 4.0, htt,pd/cxpericncc an·,gi$, comkxpi:ricncdl Jd f53282a54cecbcac74' SdlJi 842ff),lpagdCa,1EnviroS1-·rcca-4 OJ 4 GPA 17-29 Matl1e.ny met Legacy Plan 2017. Acces ible at h ltps:~ 1m~rn lpl aa . o .J u I~ re .ca . Ll ~ rloc11mem ~tGP/QOl ! ed% 20Tu lare%20Cou ut~ %20Ge11 eral %20Pl an% 20l\.:larer ja.Js/ L 80Purt%W l! I %2QLcgucy% 11)pj (ms% ..,07 %20uf% 1Q_7/Q04MallwnWC,PA% ..,0 l 7-?9%...,0MATHEN Y<k ">0TRAC I %20LEGbCYZ2QeLAN,pd[ 5Bece1n. Xavier, Warehou. e Projec : Be l Prnctices a_nd ·ligation l\. e-asure lo Compl}• with the Cahlomia Env irnnmcn !.al Quality Acl, 5 _ hups-Hvchh;i. ca ~:>v/cali; m1i mse CL':CD frq,orttrnl rnvjroscrL'.C:IJ::40 4 2.1 Study Session Page 15

DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
referencing relevant Genernl Plan puli.des. Some comment· include trikethroughs to represent deletion to the curr nt or propo ed code and ital.ic-s to repre ent additions to the code. Zoning code edits are indented.

Permits.and App;lic.aticrns; _ otice Rcguire,ments _and The City' provision ofpubUc participation and engagement opportunities in the approval of fand use project , particularly for uses under light and heavy industrial commercial, and public land , is crucial to ensure commuuitie • h.ave the opportunity to provide recommendation for mitigations as conditions of approval, and insight and local know]edge about potential impacts of projects fo • the City's consider-ation. E tablishing these proce ses in the zoning ordmance wm ensure the City is practicing equitable long-ten 1 land use pattern and avoiding di parate impacts from ind\1 trial development ou communities. Residents de erve a eat in the deci ion-making prnces regarding land u e around their communities, as it impacts their access to opportunitie , bealth, and environment. As t11ted in the Public Engagement ection of the Attorney General•s Warehou c Be t Practice Guidance, eady and consistent community engagement is central to establ'shing good relationships bet.ween communities ]ead agencies and warchou c developers and tcnants.6 Providing meaningful public notice and cn(Tagcmcnt opportunities to commuaittes that the City' land use decisions may impact on. the ba i ofrace, ethnicity, or otJ,cr cllaractcrishcs protected by ci:vil right law i a]so a component of the City's mandatory duty !O Aftinnativ Jy Further fair Hou ing (" FFH"). Go . Code ." 8899 . .S0(b); HCD's AFFH Guidance.7 In addition to complying with it duty, providing trong public participation provi ion. in the City s ordinanc will ensure the City i. complying with c.ivil right laws and is not denying the community'. right lo participate in activitie hich can rt:. ult in disparate and di.criminatory impact. Gov. Cod 9§ 11135; Gov. Code§ 14026 a).

Residents ar e,oncerned that planne<l and ongoing land uses are proposed and approved without r sident notification and fe-edback, furth ring incompatible and polluting land use. around their community that wot. en en ironmental onditions. Thi concern ha. been exacerbated by th City's approva1 of Ihe Tt1far Indu t1ial C nter/Paige enu lndu. trial Center Pro jeer ('"Proj cf' ithom notic to Matheny Trncl resident . The it.,'. approva] •Of che Project ite Pfan was inconsistent with and in vio1ation or condition 8(G) atta hed to Tulare ounty Local Ag _ncy Formation CommLsion {"'I.AF O ) R olution o. 1.0-015. \Vhil th ~ Becerra, avier, Warehouse P·ojects: e t Practice and Mitigation Mea. u.re, to Comply with the California Eovi ·onment, I Qualit-y cl, 4.
1 http ://www.hc-d.ca.gov/community-develop 1ent/affh/do s/alfh_docume 1t_final_ 4- 7-202 1.pdf 5 2.1 Study Session Page 16

LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
City continues to deny the discretionary nature of this project, residents are experiencing repercussions in their everyday live-s due to tbe Project, wb.icb they were deprived of their right to be notified of. The Industrial Center will impact residents' ability to use and enjoy their properties by substantially increasing vehicular traffic, causing considerable noise, light, vibration, and air pollution that harms the community's environment and health. To minimize the impacts of the City's development on Matheny Tract, the City must comply with its commitment to notify residents and enhance its notificatio•n requirements by adopting provisions in the ordinance that enhance public engagement, thus allowing residents to provide feedback to protect their community from potential implications of future projects while ensuring consistency in the City's policies.
ln response to resident concerns, LCJA and MTC submitted a comment letter to the City on April 2023, outlining recommendations to enhance notification and public engagement. Per our review of the City's recent Zoning Ordinance Draft, the City failed to incorporate feedback and maintained limited notification requirements. To facilitate an inclusive public hearing process and provide residents a seat at the table during decision-making processes that impact development surrounding their communities, we provide recommendations shared in the April comment leller and new recom.Jnendations to the zoning code as follows:
§ 10.70.100 Notice requirements.

Notice of time and place of public bearings and how the public can e11gage shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require longer notice period.

A. A notice of any public hearing shall be given by al least one publication of general circulation in the city not less than IO dtt) s befure tile date 6f the pub lie heE1Fi11g thirty days prior lo the date of such hearing. If there is 110 such newspaper of general circul(l{io11, the notice shall be posted 011 a sign on the property lot of rhe projec1, on (I{ least jive local businesses within J mile of the project site, and the city website al least thirty days after the applicatio11 is Jiled, prior 10 the hearing in at least Jive public places within the city a11d any adjacent neighboring disadvantaged commuriities, defined by Health and Safety Code Sectio11 397 ! l.

B. A notice of pt1blie hea1 ing sbttH be ~i vet\ b~ 1.1rnili:i1g 5 vvt itteu notiee not les.s thau JG says A written 11otice in English. Spanish. and Mixteco shall be mailed and 6 2.1 Study Session Page 17

LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
delivered no less than thirty days prior to the date of such hearing to the applicant, ttttd to owners of property, a11d occupants of s11rro1111ding properties within a radius of 300 feet half a mile of the exterior boundaries of the property that is the subj ect of the application, using for this purpose the name and address of such owners, occupants, and properties, as shown on the latest adopted County tax roll and k11ow11 addresses lo ensure that all occupants, be they owners or tenants be notified. Notice shall also be mailed to interested persons who have filed a written request for notification with the Director no less than thirty days prior lo the date of such hearing.

C. Unless the proposed project is localed in or within a half mile from a disadvantaged community, in the event that the number of owners of property to whom ootice may be sent pursuant to subsection 8 of this section would result in more than l 000 notices, notice may alternatively be given at least te11 dsys thirty days prior to a hearing by either of the following procedures:
a. By placing a display advertisement in English, Spanish, and Mixteco of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment.
b. By placing a written notice in English, Spanish, and Mixteco with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billing for city services.

D. A notice of the hearing shall be mailed and delivered no less them thirty days prior to such hearing to each local agency expected 10 provide wate1; sewage, road, schools, or other essential .facilities or services whose abili~y to provide those facilities may be significanliy ajjected.

E. A notice of hearing shall be broadcast 110 less than thirty days prior to the date of such hearing via Local radio outlets in English and Spanish radio and television channels 110 less than thirty days prior lo the date of such hearing.

F. {( a project is proposed within J 000 feet from a disadvantaged community as defined by Section 39711 of the Health and Safety Code, City stqff will conduct a community meeting prior to a public hearing 10 share project details. e11vironmental impacts, and for 1he opportunity to receive feedback a11d inform 7 2.1 Study Session Page 18

LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
adop1ed mitigation measures. Notices for the commu11ity meeting. public hearings. and other related public process notices. shall be mailed to all residents located in the disadvancaged community al feast 30 days be.fore the date of the community meeti11g a11d 110 later than 30 days prior to any public hearing.

10.70.110 Notice Wording
Public notice of heari ngs shall be in English, Spanish. and Mixteco and begin with the words similar to "Notice of Proposed Change of Zone Disn·ict," or ''Notice of Proposed Variance," or "Notice of Proposed Conditional Use Permit," as the case may be, and set forth the an accurate description and location of the property under consideration, including maps and drawings of the project design that is the subject of the hearing, the nature of the proposed change or use, identification of the hearing body. tlfte the time and place at which the public hearing on the matter will be held. and information 011 how and to whom the public can provide input.

Industrial Zones
The community of Matheny Tract is adjacent to the City's light and heavy industrial zones, formulating impacts from pollution exposure and traffic. We define "adjacent" as two land use zones borderi ng each other. Poor land use p.lanning has led to tbe encroachment of i.ndustrial land uses on the community. In this context. we define "encroachment" as the infringement of uses as the industrial zones have inte1fered with the use and enjoyment of the community's residential zones. To mitigate tbe impacts of further encroachment of industrial land uses in residential zones such as Matheny Tract, we propose the fol lowing recommendations:

10.28 Light Industrial Zone

10.28.010 Purpose and application
The purpose of the Light Industrial (M-1) District is to provide areas for light manufacturing. wholesale, and storage activities in a manner that does 1101 allow encroachment of industrial operations near residential zones and other sensitive /a,uf uses 1,vithi11 and adjacent to the City, proteet industrittl ttrett" fn.lllt ~he intruttit>fl t.,f incompatible types of laud uses. adhere to performance standards provided for the protection of Tulare residents. inc/11di11g people living within the City of Tulare's sphere of i11jl11ence and sensitive receptors within and adjacent to the City's sphere of irifluence, 8 2.1 Study Session Page 19

LEADERSHIP COUNSEL - -----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
and the environment, and to provide industrial employment opportunities for residents of the City of Tulare a11d wiJ/zin lhe City's sphere of influence. The objectives of the M- 1 district are
A. The development of a variety of light industrial and service commercial and service uses, which are not suited to other commercial zones, in buildings and complexes that exhibit high standards of design, including:

4. To minimize traffic congestion, while providing an efficient circulation system 10 mitigate traffic impac1s on roads serving residential and commercial uses adjacent to sensitive receptors.

5. To ,ninimize impac1s on 1he environme/11 and nearby se11si1ive recep1ors.

6. To ensure 1he developmenr of lighr indttSlrial, commercial, and service use is compalible wilh 1he surrounding la11d uses.

7. To e11sure the new clevelopment a11d impacls will nor encroach 011 rhe existing residen.tial communities and do 1101 create or contribute ro any significant impacts mi residential communities or se11si1ive receptors within or oulside the Cily ,4Tulare bowularies.

8. To ensure cumularive air quality impacrs from industrial facilities will not create sig11ijica111 environmental impacts on residential a11d other sensitive land uses, especially in disadvanraged communities within and outside rile City of Tulare boundaries.

10.28,060 Building setback areas
C. There shall be no required rear build.ing setback except where the rear lot line abuts a residentially zoned parcel or sensitive receptor then the setback shall be a minimum of~ /000 feet.

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 2.1 Study Session Page 20

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 2.1 Study Session Page 21

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.

2.1 Study Session Page 22

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 2.1 Study Session Page 23

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.

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 2.1 Study Session Page 24

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 2.1 Study Session Page 25

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 2.1 Study Session Page 26

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 2.1 Study Session Page 27

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 2.1 Study Session Page 28

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 2.1 Study Session Page 29

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 2.1 Study Session Page 30

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 2.1 Study Session Page 31

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 2.1 Study Session Page 32

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 2.1 Study Session Page 33

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 2.1 Study Session Page 34

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 2.1 Study Session Page 35

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 2.1 Study Session Page 36
______________________________________________________________________________ 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

2.1 Study Session Page 37
______________________________________________________________________________ 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,

2.1 Study Session Page 38
______________________________________________________________________________ 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

2.1 Study Session Page 39
______________________________________________________________________________ 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

2.1 Study Session Page 40
______________________________________________________________________________ 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.

2.1 Study Session Page 41

2.1 Study Session Page 42
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Declare Results of the City of Tulare November 5, 2024 General Municipal Election

RECOMMENDED ACTION
Adopt a resolution accepting the official canvass and certified Statement of Votes of the November 5, 2024 General Municipal Election and declaring the results and other such matters as provided by law.

SUMMARY
On November 5, 2024, the General Municipal Election was held which included elections for the City of Tulare’s City Council Areas (Districts) 1, 3, and 5. The City consolidates its elections with the Tulare County Elections Office who performs most elections-related tasks for the City including conducting the official canvass. On December 3, 2024, the Tulare County Registrar of Voters certified the results of the official canvass which is provided as Exhibit A of the attached resolution. The results are summarized as follows:

Election Candidate # of Votes
Tulare City Council Area (District) 1 Jose Sigala 2,221 Tulare City Council Area (District) 3 Steve Harrell 2,359 Tulare City Council Area (District) 5 Patrick Isherwood 4,387 The candidates ran for their respective offices unopposed. The elected councilmembers will serve a fouryear term which will end in December 2028 or until their successors are elected and qualified. Following adoption of the resolution, the City Clerk will swear in the new councilmembers.

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. Resolution
Reviewed/Approved:

Item #: 6.1

6.1 Page 1
RESOLUTION 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

ACCEPTING THE OFFICIAL CANVASS AND CERTIFIED STATEMENT OF VOTES OF THE NOVEMBER 5, 2024 GENERAL ELECTION AND DECLARING THE RESULTS AND OTHER

SUCH MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Tulare, California on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the Election was given in time, form, and manner as provided by law; voting precincts were properly established; election officers were appointed; and that in all respects, the Election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities and the provisions of the City of Tulare’s Charter; and
WHEREAS, the Tulare County Registrar of Voters has canvassed the returns of the Election and has certified the results as presented in Exhibit A.

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

Section 1. The whole number of votes cast in the City of Tulare for Tulare City Council Member 1, 3, and 5, including ballots cast at the precincts and vote-by-mail ballots cast, was 11,677.

Section 2. The person that received the highest vote count for the office of Tulare City Council Member 1 is Jose Sigala with a total of 2,221 votes.

Section 3. The person that received the highest vote count for the office of Tulare City Council Member 3 is Steve Harrell with a total of 2,359 votes.

Section 4. The person that received the highest vote count for the office of Tulare City Council Member 5 is Patrick Isherwood with a total of 4,387 votes.

Section 5. The number of votes given at each precinct for each person are listed in Exhibit A, attached.

Section 6. The City Clerk is hereby authorized to sign and deliver a Certificate of Election and administer the Oath prescribed in the Constitution of the State of California to Jose Sigala, Steve Harrell, and Patrick Isherwood.

Section 7. The City Clerk shall certify the passage and adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 17th day of December 2024, by the following vote:

Ayes:

Noes:

Absent:

6.1 Page 2
Resolution 2024-XX

Page 2 ends

Abstain:

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

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

6.1 Page 3
Statement of Vote
General Election
November 5, 2024

6.1 Page 4

6.1 Page 5

6.1 Page 6

6.1 Page 7
Section 1
Votes Cast by Precinct

6.1 Page 8
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
1021001 1130 750 66.37 160 589 1
1022001 793 520 65.57 127 390 3
1022006 359 274 76.32 39 235
1023001 1273 990 77.77 224 760 6
1024001 845 545 64.50 152 392 1
1025001 407 283 69.53 70 213
1025004 700 467 66.71 128 339
1028001 0 0 0.00
1030001 4332 2252 51.99 494 1712 46
1038001 0 0 0.00
1064001 2123 1198 56.43 308 883 7
1064006 2642 1241 46.97 278 952 11
1064008 2104 998 47.43 311 675 12
1065001 3013 1790 59.41 406 1374 10
1065005 784 484 61.73 132 349 3
1065007 745 355 47.65 90 259 6
1065011 2784 1809 64.98 436 1360 13
1068001 272 92 33.82 24 68
1080001 4150 2075 50.00 600 1460 15
1088001 0 5 0.00 5
1088002 0 0 0.00
1990096 327 264 80.73 48 215 1
1990172 388 207 53.35 35 144 28
1990280 278 171 61.51 36 127 8
1990413 442 248 56.11 75 154 19
1990435 595 493 82.86 87 406
1998001 774 584 75.45 77 507
1998002 92 68 73.91 1 67
1998003 96 69 71.88 6 63
1998004 1133 878 77.49 93 781 4
1998005 24 18 75.00 2 16
1998006 4 4 100.00 4
1998007 8 7 87.50 1 6
1998008 122 112 91.80 21 90 1
1998009 34 22 64.71 7 15
November 5, 2024 General Election
Precinct Turnout
1-001 6.1 Page 9
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
1998010 10 8 80.00 4 4
1998011 213 165 77.46 25 140
1998012 65 61 93.85 9 52
1998013 125 85 68.00 9 75 1
1998014 35 28 80.00 28
1998015 343 210 61.22 34 176
1998016 155 68 43.87 22 46
1998017 22 16 72.73 6 10
1998018 107 84 78.50 4 80
1998019 105 87 82.86 13 73 1
1998020 41 25 60.98 2 23
1998021 46 41 89.13 5 36
1998022 10 8 80.00 8
1998023 346 238 68.79 21 217
1998024 6 2 33.33 2
1998025 24 8 33.33 8
1998026 132 77 58.33 8 69
1998027 426 240 56.34 40 198 2
1998028 267 156 58.43 21 132 3
1998029 2 1 50.00 1
1998030 694 409 58.93 67 341 1
1998031 179 123 68.72 14 108 1
1998032 31 16 51.61 16
1998033 0 0 0.00
1998034 15 13 86.67 13
1998035 8 8 100.00 8
1998036 6 3 50.00 3
1998037 18 16 88.89 3 13
1998038 181 116 64.09 15 100 1
1998039 216 140 64.81 22 111 7
1998040 1985 1133 57.08 161 945 27
1998041 27 24 88.89 3 21
1998042 2 2 100.00 2
1998043 3 3 100.00 3
1998044 35 23 65.71 1 22
1998045 293 147 50.17 10 135 2
1998046 196 90 45.92 6 81 3
1998047 27 20 74.07 1 19
1998048 80 59 73.75 7 51 1
1998049 16 7 43.75 1 6
1998050 229 138 60.26 16 122
1998051 56 21 37.50 3 17 1
1-002 6.1 Page 10
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
1998052 67 17 25.37 5 12
1998053 2 2 100.00 1 1
1998054 0 0 0.00
2051005 4690 2480 52.88 611 1846 23
2052001 3754 1960 52.21 431 1503 26
2052022 857 667 77.83 127 532 8
2053005 1337 798 59.69 192 583 23
2053008 727 379 52.13 89 277 13
2053011 1043 682 65.39 158 511 13
2053013 1529 845 55.26 173 651 21
2053033 279 179 64.16 32 147
2054001 4628 3332 72.00 712 2584 36
2054017 3612 2608 72.20 539 2032 37
2055001 1021 685 67.09 159 513 13
2055002 1430 947 66.22 161 774 12
2055004 4059 2883 71.03 523 2313 47
2055009 1671 1170 70.02 275 877 18
2058001 1 0 0.00
2058002 909 450 49.50 53 387 10
2058003 655 318 48.55 62 250 6
2058004 200 85 42.50 10 73 2
2058005 0 0 0.00
2058006 4 1 25.00 1
2058007 172 93 54.07 20 72 1
2058008 141 87 61.70 16 70 1
2058009 1 0 0.00
2058010 0 0 0.00
2058011 95 66 69.47 11 54 1
2058012 0 0 0.00
2990005 256 167 65.23 23 144
2990115 927 533 57.50 138 376 19
2990148 754 490 64.99 188 216 86
2990237 2027 1004 49.53 374 619 11
2998001 33 22 66.67 4 17 1
2998002 26 19 73.08 1 18
2998003 476 349 73.32 31 315 3
2998004 37 32 86.49 1 31
2998005 9 9 100.00 1 8
2998006 7 5 71.43 5
2998007 692 540 78.03 64 471 5
2998008 1087 663 60.99 71 586 6
2998009 529 341 64.46 51 289 1
1-003 6.1 Page 11
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
2998010 0 0 0.00
2998011 0 0 0.00
2998012 9 4 44.44 1 3
2998013 0 0 0.00
2998014 245 183 74.69 22 161
2998015 192 147 76.56 20 126 1
2998016 304 193 63.49 17 175 1
2998017 200 103 51.50 18 64 21
2998018 33 23 69.70 2 21
2998019 290 151 52.07 13 102 36
2998020 0 0 0.00
2998021 57 24 42.11 23 1
2998022 178 83 46.63 8 55 20
2998023 524 233 44.47 48 181 4
2998024 2 2 100.00 2
2998025 0 0 0.00
2998026 135 76 56.30 5 70 1
2998027 169 64 37.87 6 58
2998028 199 83 41.71 12 69 2
3061001 1713 1356 79.16 264 1079 13
3061003 2169 1681 77.50 293 1378 10
3061005 2516 2019 80.25 345 1660 14
3061010 1140 785 68.86 174 606 5
3061011 1533 1133 73.91 215 912 6
3061015 2802 1959 69.91 386 1552 21
3061020 501 340 67.86 65 274 1
3062002 6655 4590 68.97 939 3629 22
3062013 4675 3284 70.25 665 2573 46
3062022 1032 749 72.58 193 548 8
3062024 743 508 68.37 124 383 1
3062025 551 426 77.31 31 393 2
3062031 3691 2700 73.15 537 2129 34
3063002 3026 2428 80.24 604 1794 30
3063014 3005 2295 76.37 351 1933 11
3063021 4522 3129 69.20 649 2471 9
3063026 920 607 65.98 135 469 3
3063030 4156 3235 77.84 618 2606 11
3063037 1741 1197 68.75 234 953 10
3064006 981 764 77.88 180 582 2
3065004 704 380 53.98 106 269 5
3065006 3841 2726 70.97 548 2149 29
3065016 659 335 50.83 112 219 4
1-004 6.1 Page 12
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
3068001 2 1 50.00 1
3068002 0 0 0.00
3068003 57 32 56.14 12 19 1
3068004 553 345 62.39 60 283 2
3068005 10 1 10.00 1
3068006 234 149 63.68 30 117 2
3068007 12 2 16.67 1 1
3068008 175 136 77.71 25 111
3068009 0 0 0.00
3068010 56 39 69.64 11 28
3068011 394 200 50.76 49 148 3
3998001 10 11 110.00 4 7
3998002 42 29 69.05 5 24
3998003 149 106 71.14 23 82 1
3998004 76 63 82.89 2 59 2
3998005 15 13 86.67 1 12
3998006 29 19 65.52 19
3998007 334 243 72.75 25 216 2
3998008 6 3 50.00 1 2
3998009 0 0 0.00
3998010 7 9 128.57 2 7
3998011 310 250 80.65 27 221 2
3998012 57 41 71.93 2 39
3998013 15 10 66.67 10
3998014 364 262 71.98 29 229 4
4011001 1650 860 52.12 194 654 12
4012001 472 232 49.15 46 182 4
4012002 1189 548 46.09 133 404 11
4013001 2105 1212 57.58 250 944 18
4014001 2036 1146 56.29 254 877 15
4014005 309 242 78.32 30 212
4015001 2520 1568 62.22 297 1248 23
4018001 86 35 40.70 5 29 1
4018002 33 24 72.73 3 21
4061001 2145 1590 74.13 340 1245 5
4061004 2008 1417 70.57 254 1148 15
4064001 2316 1726 74.53 392 1319 15
4064002 1541 946 61.39 191 742 13
4068001 445 282 63.37 58 221 3
4068002 0 0 0.00
4070001 604 311 51.49 106 205
4070004 1837 984 53.57 280 703 1
1-005 6.1 Page 13
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
4070005 440 258 58.64 59 199
4078001 46 35 76.09 16 19
4078002 122 68 55.74 21 46 1
4078003 6 2 33.33 2
4990011 1082 762 70.43 129 624 9
4990039 1332 681 51.13 131 534 16
4990040 795 396 49.81 95 292 9
4990046 1278 542 42.41 100 421 21
4990061 390 194 49.74 22 170 2
4990119 705 593 84.11 128 455 10
4990161 1752 929 53.03 315 569 45
4990202 739 529 71.58 71 456 2
4990253 269 207 76.95 15 192
4990271 1502 749 49.87 216 525 8
4990390 910 792 87.03 181 609 2
4990396 287 247 86.06 82 165
4998001 9 12 133.33 4 8
4998002 36 23 63.89 2 20 1
4998003 231 184 79.65 29 154 1
4998004 0 0 0.00
4998005 185 157 84.86 14 143
4998006 21 13 61.90 13
4998007 1661 1174 70.68 170 1000 4
4998008 158 110 69.62 21 87 2
4998009 1252 756 60.38 96 656 4
4998010 0 1 0.00 1
4998011 509 399 78.39 65 334
4998012 202 87 43.07 6 80 1
4998013 0 0 0.00
4998014 21 18 85.71 1 17
4998015 1325 723 54.57 89 625 9
4998016 2 2 100.00 2
4998017 425 280 65.88 27 251 2
4998018 147 91 61.90 1 90
4998019 608 287 47.20 61 221 5
4998020 148 92 62.16 5 86 1
4998021 30 23 76.67 3 20
4998022 96 59 61.46 15 44
4998023 172 97 56.40 8 86 3
4998024 141 95 67.38 5 90
4998025 84 54 64.29 5 48 1
4998026 472 365 77.33 30 328 7
1-006 6.1 Page 14
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
4998027 9 5 55.56 5
4998028 11 11 100.00 1 9 1
4998029 16 9 56.25 1 8
4998030 44 22 50.00 2 20
4998031 35 23 65.71 4 19
4998032 258 123 47.67 5 118
4998033 262 201 76.72 40 161
4998034 141 118 83.69 13 105
4998035 0 0 0.00
4998036 198 172 86.87 23 149
4998037 42 38 90.48 4 34
4998038 84 41 48.81 5 36
4998039 2 4 200.00 2 2
4998040 0 0 0.00
4998041 6 3 50.00 3
4998042 1 1 100.00 1
4998043 76 52 68.42 6 46
5041006 2323 1398 60.18 297 1069 32
5041022 945 511 54.07 113 391 7
5041024 1339 780 58.25 178 575 27
5042003 3401 2032 59.75 397 1602 33
5042024 1255 664 52.91 144 512 8
5043001 1231 768 62.39 174 581 13
5043005 668 372 55.69 54 313 5
5043008 3038 1520 50.03 403 1084 33
5044001 5210 3362 64.53 628 2683 51
5045001 2654 1451 54.67 381 1048 22
5045016 571 267 46.76 70 193 4
5045021 268 171 63.81 51 118 2
5048001 948 618 65.19 88 520 10
5048002 98 49 50.00 10 39
5048003 25 19 76.00 4 15
5048004 7 3 42.86 1 2
5048005 467 269 57.60 38 229 2
5048006 97 62 63.92 16 44 2
5048007 191 87 45.55 10 76 1
5048008 3 3 100.00 3
5048009 2 2 100.00 2
5048010 193 92 47.67 16 76
5048011 1031 604 58.58 111 482 11
5048012 13 6 46.15 6
5048013 138 81 58.70 15 65 1
1-007 6.1 Page 15
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
5048014 0 0 0.00
5990012 594 356 59.93 101 218 37
5990091 856 569 66.47 197 338 34
5990197 289 136 47.06 37 98 1
5990206 319 131 41.07 36 93 2
5990323 3020 2488 82.38 598 1872 18
5990347 571 277 48.51 138 127 12
5990349 289 223 77.16 32 190 1
5998001 20 14 70.00 3 11
5998002 0 0 0.00
5998003 598 476 79.60 34 435 7
5998004 104 69 66.35 7 61 1
5998005 24 13 54.17 13
5998006 965 627 64.97 84 535 8
5998007 2 0 0.00
5998008 66 49 74.24 8 41
5998009 238 173 72.69 8 165
5998010 30 21 70.00 21
5998011 388 240 61.86 38 199 3
5998012 35 27 77.14 2 24 1
5998013 663 399 60.18 42 351 6
5998014 20 12 60.00 12
5998015 16 9 56.25 9
5998016 14 7 50.00 4 3
5998017 86 65 75.58 3 61 1
5998018 270 133 49.26 17 113 3
5998019 703 347 49.36 72 269 6
5998020 131 42 32.06 9 33
5998021 191 86 45.03 12 74
5998022 69 30 43.48 2 28
5998023 80 58 72.50 5 52 1
5998024 320 182 56.88 19 162 1
5998025 3 2 66.67 1 1
5998026 214 120 56.07 15 104 1
5998027 27 19 70.37 1 17 1
5998028 18 8 44.44 8
5998029 15 12 80.00 11 1
5998030 59 51 86.44 6 45
5998031 0 0 0.00
5998032 10 7 70.00 1 5 1
5998033 0 0 0.00
5998034 4 2 50.00 2
1-008 6.1 Page 16
Voting Precinct
Registered Voters
Voters Cast
Turnout (%)
Polling Place
Vote by Mail
Election Day PROV/CVR
5998035 51 28 54.90 28
5998036 459 224 48.80 23 198 3
5998037 127 96 75.59 2 92 2
5998038 213 138 64.79 7 130 1
5998039 23 17 73.91 17
5998040 21 14 66.67 3 11
5998041 0 0 0.00
5998042 438 269 61.42 33 231 5
5998043 0 0 0.00
5998044 77 54 70.13 5 49
5998045 12 6 50.00 1 5
5998046 0 0 0.00
5998047 1 0 0.00
5998048 55 51 92.73 1 50
5998049 0 1 0.00 1
Total 218999 139860 63.86 28569 109472 1819
1-009 6.1 Page 17
Section 2
Statement of Votes
Cast

6.1 Page 18
District
Times CastUndervotesOvervotes
District
Total Votes
Electionwide Electionwide
California County Name California County Name
California County Name - Total 2,931 710 0
California County Name - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Electionwide - Total 2,931 710 0
Electionwide - Total 2,221 100.00
%

0.00% 2,221
United States Representative United States Representative Congressional District 22 Congressional District 22
Congressional District 22 - Total 2,931 710 0
Congressional District 22 - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
United States Representative -
Total
2,931 710 0
United States Representative -
Total
2,221 100.00
%

0.00% 2,221
State Senator State Senator
Senate District 16 Senate District 16
Senate District 16 - Total 2,931 710 0
Senate District 16 - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
State Senator - Total 2,931 710 0
State Senator - Total 2,221 100.00
%

0.00% 2,221
Member of the State
Assembly
Member of the State
Assembly
Assembly District 33 Assembly District 33
Assembly District 33 - Total 2,931 710 0
Assembly District 33 - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Member of the State Assembly -
Total
2,931 710 0
Member of the State Assembly -
Total
2,221 100.00
%

0.00% 2,221
Board of Equalization (State) Board of Equalization (State) Board of Equalization 1 Board of Equalization 1
Board of Equalization 1 - Total 2,931 710 0
Board of Equalization 1 - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Board of Equalization (State) -
Total
2,931 710 0
Board of Equalization (State) -
Total
2,221 100.00
%

0.00% 2,221
County Supervisor County Supervisor
County Supervisor District 2 County Supervisor District 2 County Supervisor District 2 -
Total
2,931 710 0
County Supervisor District 2 -
Total
2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
County Supervisor - Total 2,931 710 0
County Supervisor - Total 2,221 100.00
%

0.00% 2,221
City City
City of Tulare City of Tulare
City of Tulare - Total 2,931 710 0
City of Tulare - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
City - Total 2,931 710 0
City - Total 2,221 100.00
%

0.00% 2,221
0 0
5,603 0
5,603 0
0 0
5,603 0
5,603 0
0 0
5,603 0
5,603 0
0 0
5,603 0
5,603 0
0 0
5,603 0
5,603 0
0 0
5,603 0
5,603 0
0 0
5,603 0
5,603 0
Tulare City Council Council Member 1 (Vote for 1)
**** - Insufficient Turnout to Protect Voter Privacy Registered VotersJOSE SIGALAWrite-in
2-113 6.1 Page 19
District
Times CastUndervotesOvervotes
District
Registered VotersJOSE SIGALAWrite-in
Total Votes
City sub-district City sub-district
City of Tulare Area 1 City of Tulare Area 1
City of Tulare Area 1 - Total 2,931 710 0
City of Tulare Area 1 - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
City sub-district - Total 2,931 710 0
City sub-district - Total 2,221 100.00
%

0.00% 2,221
Unincorporated Unincorporated
Unincorporated Unincorporated
Unincorporated - Total 2,931 710 0
Unincorporated - Total 2,221 100.00
%

0.00% 2,221
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Unincorporated - Total 2,931 710 0
Unincorporated - Total 2,221 100.00
%

0.00% 2,221
0 0
5,603 0
5,603 0
0 0
5,603 0
5,603 0
2-114 6.1 Page 20
District
Times CastUndervotesOvervotes
District
Total Votes
Electionwide Electionwide
California County Name California County Name
California County Name - Total 3,061 702 0
California County Name - Total 2,359 100.00
%

0.00% 2,359
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Electionwide - Total 3,061 702 0
Electionwide - Total 2,359 100.00
%

0.00% 2,359
United States Representative United States Representative Congressional District 20 Congressional District 20
Congressional District 20 - Total 179 38 0
Congressional District 20 - Total 141 100.00
%

0.00% 141
Congressional District 22 Congressional District 22
Congressional District 22 - Total 2,882 664 0
Congressional District 22 - Total 2,218 100.00
%

0.00% 2,218
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
United States Representative -
Total
3,061 702 0
United States Representative -
Total
2,359 100.00
%

0.00% 2,359
State Senator State Senator
Senate District 12 Senate District 12
Senate District 12 - Total 179 38 0
Senate District 12 - Total 141 100.00
%

0.00% 141
Senate District 16 Senate District 16
Senate District 16 - Total 2,882 664 0
Senate District 16 - Total 2,218 100.00
%

0.00% 2,218
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
State Senator - Total 3,061 702 0
State Senator - Total 2,359 100.00
%

0.00% 2,359
Member of the State
Assembly
Member of the State
Assembly
Assembly District 33 Assembly District 33
Assembly District 33 - Total 3,061 702 0
Assembly District 33 - Total 2,359 100.00
%

0.00% 2,359
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Member of the State Assembly -
Total
3,061 702 0
Member of the State Assembly -
Total
2,359 100.00
%

0.00% 2,359
Board of Equalization (State) Board of Equalization (State) Board of Equalization 1 Board of Equalization 1
Board of Equalization 1 - Total 3,061 702 0
Board of Equalization 1 - Total 2,359 100.00
%

0.00% 2,359
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Board of Equalization (State) -
Total
3,061 702 0
Board of Equalization (State) -
Total
2,359 100.00
%

0.00% 2,359
County Supervisor County Supervisor
County Supervisor District 2 County Supervisor District 2 County Supervisor District 2 -
Total
3,061 702 0
County Supervisor District 2 -
Total
2,359 100.00
%

0.00% 2,359
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
County Supervisor - Total 3,061 702 0
County Supervisor - Total 2,359 100.00
%

0.00% 2,359
City City
City of Tulare City of Tulare
5,288 0
5,288 0
0 0
5,288 0
5,288 0
0 0
5,288 0
5,288 0
0 0
5,288 0
5,009 0
0 0
279 0
0 0
5,288 0
5,008 0
280 0
0 0
5,288 0
5,288 0
Tulare City Council Council Member 3 (Vote for 1)
**** - Insufficient Turnout to Protect Voter Privacy Registered VotersSTEVE HARRELLWrite-in
2-115 6.1 Page 21
District
Times CastUndervotesOvervotes
District
Registered VotersSTEVE HARRELLWrite-in
Total Votes
City of Tulare - Total 3,061 702 0
City of Tulare - Total 2,359 100.00
%

0.00% 2,359
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
City - Total 3,061 702 0
City - Total 2,359 100.00
%

0.00% 2,359
City sub-district City sub-district
City of Tulare Area 3 City of Tulare Area 3
City of Tulare Area 3 - Total 3,061 702 0
City of Tulare Area 3 - Total 2,359 100.00
%

0.00% 2,359
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
City sub-district - Total 3,061 702 0
City sub-district - Total 2,359 100.00
%

0.00% 2,359
Unincorporated Unincorporated
Unincorporated Unincorporated
Unincorporated - Total 3,061 702 0
Unincorporated - Total 2,359 100.00
%

0.00% 2,359
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Unincorporated - Total 3,061 702 0
Unincorporated - Total 2,359 100.00
%

0.00% 2,359 5,288 0
5,288 0
0 0
5,288 0
5,288 0
0 0
5,288 0
5,288 0
0 0
2-116 6.1 Page 22
District
Times CastUndervotesOvervotes
District
Total Votes
Electionwide Electionwide
California County Name California County Name
California County Name - Total 5,685 1,298 0 California County Name - Total 4,387 100.00 %

0.00% 4,387
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Electionwide - Total 5,685 1,298 0 Electionwide - Total 4,387 100.00 %

0.00% 4,387
United States Representative United States Representative Congressional District 20 Congressional District 20
Congressional District 20 -
Total 1,170 279 0 Congressional District 20 -
Total
891 100.00
%

0.00% 891
Congressional District 22 Congressional District 22
Congressional District 22 -
Total 4,515 1,019 0 Congressional District 22 -
Total
3,496 100.00
%

0.00% 3,496
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
United States Representative -
Total 5,685 1,298 0 United States Representative -
Total
4,387 100.00
%

0.00% 4,387
State Senator State Senator
Senate District 12 Senate District 12
Senate District 12 - Total 1,170 279 0 Senate District 12 - Total 891 100.00 %

0.00% 891
Senate District 16 Senate District 16
Senate District 16 - Total 4,515 1,019 0 Senate District 16 - Total 3,496 100.00 %

0.00% 3,496
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
State Senator - Total 5,685 1,298 0 State Senator - Total 4,387 100.00 %

0.00% 4,387
Member of the State
Assembly
Member of the State
Assembly
Assembly District 33 Assembly District 33
Assembly District 33 - Total 5,685 1,298 0 Assembly District 33 - Total 4,387 100.00 %

0.00% 4,387
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Member of the State Assembly -
Total 5,685 1,298 0 Member of the State Assembly -
Total
4,387 100.00
%

0.00% 4,387
Board of Equalization (State) Board of Equalization (State) Board of Equalization 1 Board of Equalization 1
Board of Equalization 1 - Total 5,685 1,298 0 Board of Equalization 1 - Total 4,387 100.00 %

0.00% 4,387
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Board of Equalization (State) -
Total 5,685 1,298 0 Board of Equalization (State) -
Total
4,387 100.00
%

0.00% 4,387
County Supervisor County Supervisor
County Supervisor District 2 County Supervisor District 2 County Supervisor District 2 -
Total 5,685 1,298 0 County Supervisor District 2 -
Total
4,387 100.00
%

0.00% 4,387
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
County Supervisor - Total 5,685 1,298 0 County Supervisor - Total 4,387 100.00 %

0.00% 4,387
City City
City of Tulare City of Tulare
City of Tulare - Total 5,685 1,298 0 City of Tulare - Total 4,387 100.00 %

0.00% 4,387
8,181 0
Tulare City Council Council Member 5 (Vote for 1)
**** - Insufficient Turnout to Protect Voter Privacy Registered VotersPATRICK ISHERWOODWrite-in
1,671 0
0 0
8,181 0
0 0
8,181 0
6,510 0
6,510 0
0 0
1,671 0
8,181 0
0 0
8,181 0
8,181 0
0 0
8,181 0
8,181 0
0 0
8,181 0
8,181 0
8,181 0
2-117 6.1 Page 23
District
Times CastUndervotesOvervotes
District
Registered VotersPATRICK ISHERWOODWrite-in
Total Votes
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
City - Total 5,685 1,298 0 City - Total 4,387 100.00
%

0.00% 4,387
City sub-district City sub-district
City of Tulare Area 5 City of Tulare Area 5
City of Tulare Area 5 - Total 5,685 1,298 0 City of Tulare Area 5 - Total 4,387 100.00 %

0.00% 4,387
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
City sub-district - Total 5,685 1,298 0 City sub-district - Total 4,387 100.00 %

0.00% 4,387
Unincorporated Unincorporated
Unincorporated Unincorporated
Unincorporated - Total 5,685 1,298 0 Unincorporated - Total 4,387 100.00 %

0.00% 4,387
Cumulative Cumulative
Cumulative - Total 0 0 0 Cumulative - Total 0 0
Unincorporated - Total 5,685 1,298 0 Unincorporated - Total 4,387 100.00 %

0.00% 4,387
0 0
8,181 0
0 0
8,181 0
8,181 0
8,181 0
0 0
8,181 0
2-118 6.1 Page 24
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Reorganization of the City Council

RECOMMENDED ACTION
Select the mayor and vice mayor amongst the membership.

SUMMARY
Every two years following the General Municipal Election, newly elected councilmembers are sworn in and a new mayor and vice mayor are selected amongst the membership to serve in these roles for two years.

In accordance with Chapter 1, Section D of the Handbook of Rules and Procedures of the City Council of the City of Tulare (Handbook), “the mayor and vice mayor are members of the City Council and selected by members of the Council. The selection occurs at the first regular meeting after certification of the election results and oaths of office have been administered. These positions serve a two-year period without limit. Both positions carry additional responsibilities, but neither position carries additional power beyond those of all other councilmembers.”
Any member of the Council may make the motion to select a member to serve as the mayor or vice mayor. The selection must be confirmed by majority vote of the Council.

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
None
Reviewed/Approved:

Item #: 6.3

6.3 Page 1
Ganby's Air Gonditioning & Heating
WHEREAS, in 1924, the Canby's Air Conditioning & Heating was founded by brothers Norman and Roland Canby located in Tulare serving the greater Tulare County area specializing in plumbing and heating; and
WHEREAS, in the early 1950s, Canby's began providing'air conditioning services to their customers; and
WHEREAS, Canby's has demonstrated remarkable resilience throughout its history, enduring challenges such as the 1929 Great Depression, the world wars, a devastating fire in 1948 that destroyed their facility, the housing market crash of 2000, and the 2020 pandemic; and WHEREAS, today, Canby's primarily focuses on existing single-family homes, though they also provide services for apartments, condominiums, townhouses, churches, schools, and light commercial projects. A smaller portion of their work involves serving as an HVAC subcontractor for select builders on new homes, additions, and remodels.; and
WHEREAS, Steve and Doug Canby, the third generation of Canby ownership, continue the family business of providing quality service to their customers; and WHEREAS, for 100 years, Canby's has been a family-owned, local business that has been a staple in Tulare.

NOW, THEREFORE, BE lT RESOLVED, the City Councilof the City of Tulare acknowledges and extends its gratitude for the contributions of Canby's Air Conditioning & Heating to the City of Tulare and its residents.
4 A.'-L#
Jose Sigata,uOistrlct t
ulr*rt- A J"a-'-
Terry (. Sayre, Disfrict 2
Shr; c An^;,t'
Stepl{en C. Harrell,,District 3
&^'ru" A. nufulwDated this 17th day of December 2024
nis A.

P lshenarood, District 5
4 City of Tulare Page 1 of 4

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, December 3, 2024
6:30 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

COUNCIL PRESENT: Mayor Terry A. Sayre (arrived at 6:45 p.m.) Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
COUNCIL ABSENT: Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Senior Administrative Assistant Diana Smith; Assistant City Manager Josh McDonnell; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Assistant Community Services Director Brian Beck; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development Director Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling

1. CALL TO ORDER
Vice Mayor Isherwood called to order the special meeting of the Tulare City Council at 6:36 p.m. in the Council Chamber located at 491 North M Street.

2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Manager Mondell, City Attorney Zamora, Assistant City Manager McDonnell, Human Resources Director Oneal Employee Organization(s): Tulare Police Officers Union (TPOU) Unrepresented Employee(s): Fire Division Chief Group; Police Management Group The Council recessed to closed session at 6:37 p.m.

4. RECONVENE FROM CLOSED SESSION
The Council reconvened from closed session at 7:12 p.m.

5. CLOSED SESSION REPORT
There was no reportable action from closed session.

6. ADJOURNMENT
Mayor Sayre adjourned the special meeting at 7:12 p.m.

Item #: 12.2
Consent
City Council Meeting Minutes Tuesday, December 3, 2024
City of Tulare Page 2 of 4

7. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:12 p.m. in the Council Chamber located at 491 North M Street.

8. PLEDGE OF ALLEGIANCE AND INVOCATION
Vice Mayor Isherwood led the Pledge of Allegiance, and an invocation was given by Micah Thiesen, Senior Pastor of Evangelical Free Church.

9. PUBLIC COMMENT
John Harman of the Tulare Downtown Association addressed the Council regarding the upcoming 2024 Tulare Christmas Parade.

Donnette Silva-Carter of the Tulare Chamber of Commerce provided Chamber updates. The Leadership Tulare class introduced themselves to the Council and advised of their fundraising event scheduled on March 7, 2025.

Anna Ferriera addressed the Council concerning a recent interaction she had with the Tulare Police Department regarding their practice of not going out to take reports of incidents on private property.

Michael Crow addressed the Council concerning packs of dogs wandering the neighborhood (corner of B Street and Cross).

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

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

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

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

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

12.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 19, 2024. [M. Hermann]

12.3 Condition and Risk Assessment of Downtown Sewer Collection System.

Recommended Action: Authorize the City Manager or designee to execute a task amendment to the existing Utility Master Plan contract with Carollo Engineers, Inc. to complete a Condition and Risk Assessment of the Downtown Sewer Collection System in the amount of $226,400. [T. Whitfield]

12.4 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for October 2024. [D.

Thiesen]
City Council Meeting Minutes Tuesday, December 3, 2024
City of Tulare Page 3 of 4

13. PUBLIC HEARING

13.1 Declaring City-owned Property as Surplus.

Recommended Action: Adopt a resolution declaring two parcels of City-owned property totaling approximately five acres located between K Street and Highway 99 just south of Commercial Avenue in Tulare, CA (APN’s: 191-350-010; 191-350-017) as surplus in accordance with Government Code Section 65402.

Presented By: Executive Director of Economic Development & Redevelopment Traci Myers
Public Comment: The public hearing was opened at 7:34 p.m. Receiving no public comments, the public hearing was closed at 7:34 p.m.

Council Action: Councilmember Sigala inquired about the possibility of exploring swapping property. It was moved by Mayor Sayre, seconded by Councilmember Harrell, and carried 4 to 0 (Councilmember Mederos absent) to approve the item as presented. It was further moved by Councilmember Sigala, seconded by Councilmember Harrell, and carried 4 to 0 (Councilmember Mederos absent) to direct staff to bring back an answer to Council regarding property swapping to address the affordable housing issue.

14. GENERAL BUSINESS

14.1 Amend Chapter 7.09, Wells, of the Tulare Municipal Code.

Recommended Action: Pass-to-print an ordinance amending Chapter 7.09, Wells, to the City of Tulare Municipal Code.

Presented By: Public Works Director Trisha Whitfield
Public Comment: There were no public comments.

Council Action: It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and carried 4 to 0 (Councilmember Mederos absent) to approve the item as presented.

14.2 Cost Reimbursement for Parades and Events.

Recommended Action: Provide direction to staff regarding cost reimbursement for parades and events in which the City expends funds.

Presented By: Community Development Director Mario Anaya Public Comment: There were no public comments.

Council Action: Staff requested, and Council agreed, to table this item to the December 17 meeting.

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

THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

15.1 Annual ROPS and Administrative Budget.

Recommended Action: Adopt a resolution approving and adopting the Recognized Obligation Payment Schedule (“ROPS”) for the July 1, 2025 through June 30, 2026 period and the Fiscal Year 2025-26 Administrative Budget.

Presented By: Chief Financial Officer Mark Roberts
Public Comment: There were no public comments.

Successor Agency Action: Councilmember Sigala inquired about the Land O’Lakes agreement and obligation. It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and carried 4 to 0 (Councilmember Mederos absent) to approve the item as presented.

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

REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL

17. FUTURE AGENDA ITEMS - NONE SUBMITTED
City Council Meeting Minutes Tuesday, December 3, 2024
City of Tulare Page 4 of 4

18. STAFF UPDATES
Staff provided updates on department activities.

19. ADJOURNMENT
A moment of silence was held in memory of Philip Smith and Nancy Bellin. Seeing no further business to discuss, Mayor Sayre adjourned the regular meeting at 8:16 p.m.

These meeting minutes were approved by the Council on December 17, 2024.

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

Marc Mondell, City Clerk
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Public Works - Water
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Second Reading and Adoption of Ordinance 2024-06

RECOMMENDED ACTION
Adopt Ordinance 2024-06 amending Chapter 7.09 (Wells) of the City of Tulare Municipal Code.

SUMMARY
In November 2018, the City Council approved Ordinance 18-11, which established policies in Municipal Code Chapter 7.09 for the construction, modification, repair, abandonment, or destruction of wells in the City of Tulare. The purpose of the ordinance is to manage the groundwater supply so that it will not be contaminated or polluted, to ensure that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety, or welfare of the residents, and to monitor the amount of water pumped from any wells within the City.

The Board of Public Utilities approved the revisions as presented at their November 21, 2024 meeting.

The Board recommended for staff to introduce the revisions for adoption by the City Council.

On December 3, 2024, the proposed ordinance was introduced and passed-to-print by Council. This is the second reading and adoption as required pursuant to Section 15 of the City’s Charter. There have been no changes made to the ordinance since introduction.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact resulting from this item.

LEGAL REVIEW
The revisions have been reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – If denied, the existing ordinance will still be in effect, but staff may not be able to deny well drilling requests within City limits.

3. Table – If postponed, well drilling requests that are submitted before any changes are made may have to be approved.

ATTACHMENTS

1. Ordinance 2024-06
Reviewed/Approved:

Item #: 12.3
Consent

12.3 Consent Page 1
ORDINANCE 2024-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING CHAPTER 7.09 (WELLS) OF TITLE 7, HEALTH AND

SANITATION, OF THE MUNICIPAL CODE, ESTABLISHING POLICIES FOR THE

CONSTRUCTION, MODIFICATION, REPAIR, ABANDONMENT, OR DESTRUCTION OF

WELLS IN THE CITY
WHEREAS, the State of California has adopted the 2014 Sustainable Groundwater Management Act (SGMA) to assist local agencies in managing sustainable groundwater basins; and
WHEREAS, local agencies are the primary institutional entities to manage groundwater within the State of California; and
WHEREAS, it is imperative that local agencies manage the use of groundwater in a manner that can assure it will be maintained during the planning and implementation horizon without causing undesirable results; and
WHEREAS, areas of California are experiencing overdraft conditions within their groundwater basins and local agencies need to monitor and manage those conditions so as to assure reasonable base water usage, safe yield, and manage overdraft conditions; and WHEREAS, the Council desires to limit the number of private wells within its managed groundwater basin to assure adequate water to accommodate planned development and growth; and
WHEREAS, the assurance that all water users within the City can connect into the City’s water system necessitates the above monitoring and management objectives to comply with the Sustainable Groundwater Management Act.

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

SECTION 1. Title 7 of the Tulare Municipal Code, Chapter 07.09 (Wells) is hereby repealed and replaced with the following:

CHAPTER 7.09: WELLS
Sections:

07.09.010 Title.

07.09.020 Legislative intent.

07.09.030 Definitions.

07.09.040 Acts prohibited; Permit required.

07.09.050 Meter required.

07.09.055 Reporting water use.

07.09.060 Permits.

07.09.070 Rules and regulations.

07.09.080 Cash deposit and security bond.

07.09.090 Suspension or revocation of permit.

07.09.100 Appeal.

07.09.110 Public nuisance.

12.3 Consent Page 2
ORDINANCE 2024-06

Page 2 ends

07.09.120 Inspection.

07.09.130 Backflow prevention of existing auxiliary water supply wells.

07.09.140 Violation-Penalty.

07.09.150 Notification of violation.

07.09.010 Title.

This chapter shall be known and referred to as the Well Ordinance of the City of Tulare.

07.09.020 Legislative intent.

It is the purpose of this Ordinance to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the groundwater of this City will not be contaminated, polluted, or used in an unstainable manner, that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this City, and to monitor the amount of water pumped from wells.

07.09.030 Definitions.

For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them.

ABANDON or ABANDONMENT. Abandon or Abandonment, when applied to a well, shall mean to cease maintenance or use of the well for a period of one (1) year.

CONTAMINATION. Contamination shall mean the impairment of the quality of water to a degree which creates, or may create a hazard, to the public health through poisoning or through spread of disease.

DESTROY or DESTRUCTION. Destroy or Destruction, when applied to a well, shall mean any action which causes the well to no longer produce or act as a conduit for the interchange of water.

EMERGENCY. Emergency shall mean a circumstance which (1) causes an imminent threat of or actual contamination or pollution of the City’s groundwater, or (2) jeopardizes the health or safety of the people of this City, or (3) is likely to cause a substantial and immediate loss of property.

PERSON. Person shall mean any individual, firm, partnership, general corporation, association, or governmental entity.

WELL. Well shall mean any artificial excavation for the purpose of extracting water from, or injecting water into, the ground, or for providing cathodic protection, or for making tests or observations of underground conditions, or for any other similar purpose. This definition shall not include: (1) oil, gas, or geothermal wells; or (2) wells used for the purpose of (a) dewatering excavation during construction or (b) stabilizing hillsides or earth embankments.

OWNER. The owner of the property upon which any well subject to this ordinance is located and / or the permittee for such well.

POLLUTION. Pollution shall mean the alteration of the quality of water, in full or part, which affects or may affect such water for beneficial uses. Pollution may include contamination.

PUBLIC WORKS DIRECTOR. Public Works Director shall mean the Public Works

12.3 Consent Page 3
ORDINANCE 2024-06

Page 3 ends

Director of the City of Tulare or his/her duly authorized representatives.

PUBLIC NUISANCE. Public Nuisance, when applied to a well, shall mean any action or omission which threatens to or which in fact contaminates or pollutes the groundwater, exacerbates overdraft conditions, adversely impacts the City of Tulare’s public water supply system, or otherwise jeopardizes the health, safety, and welfare of the public.

07.09.040 Acts prohibited; permit required.
(A) It shall be unlawful for any person to construct, modify or repair, abandon, or destroy any well within the City, except by the City, unless such person has a valid permit issued by the Public Works Director for the specific action to be taken. (B) It shall be unlawful for any person to construct, modify or repair, abandon, or destroy any well, unless such construction, modification or repair, abandonment or destruction is in conformance with the terms and conditions contained in the permit issued by the Public Works Director.
(C) It shall be unlawful for any person to construct any well, whether for domestic, industrial, or any other use. No permit shall be issued for construction of a well, if the property to be served is connected to the City’s water supply system, the property is within city limits, or within 500 feet of a feasible connection point to the City’s water supply system. (D) It shall be unlawful for any person to modify an existing well, and no permit shall be issued for modifications other than abandonment and destruction if the property is within city limits or within 500 feet of a feasible connection point to the City’s water supply system. (E) The Public Works Director may issue a permit for the construction, modification, or repair of a supply well for domestic, commercial, or industrial purposes, for temporary use only, under the following conditions:
(1) City water mains are not in place adjacent to the property involved; (2) The City Engineer has determined that it is not economically feasible or desirable to extend the City’s water mains to serve the property at the time the request for service is made by the owner or lessee; and
(3) The Owner has executed an agreement for the discontinuance of the use of the well and capping of the same upon notice by the City Engineer. Such notice shall be given immediately following the installation of water mains adjacent to the property on which the well has been drilled.

07.09.050 Meter required.

All new wells constructed after the date of this ordinance are required to have a meter installed at the time of construction. In the event that a meter is not installed on an existing constructed water well the Public Works Director may cause a meter to be installed, at the cost of the City. Existing water wells are defined as those constructed prior to the effective date of this Ordinance. In the event any water well meter is not properly maintained by the Owner, the Public Works Director may perform the necessary maintenance on the meter and recover the costs from the Owner.

12.3 Consent Page 4
ORDINANCE 2024-06

Page 4 ends

07.09.055 Reporting water use.

The Owner of each well within the City of Tulare on which a water meter has been installed shall allow the City access to read said meter annually on or about October 1 of each year and, not later than thirty (30) days thereafter. This information shall be reported to the Public Works Director as the amount of water pumped since the last meter reading. In the event the meter is not read and the amount pumped not reported to the Public Works Director in accordance with this Ordinance, he/she may cause the meter to be read by any lawful means.

07.09.060 Permits.
(A) The application for the permit required by this ordinance shall be:
(1) Made in writing to the Public Works Director on such forms as he/she may prescribe, setting forth such information as he/she may require to carry out the purposes of this ordinance.
(2) Signed by the applicant.
(B) The application shall be accompanied by any filing fee established for said applications by the City Council through Resolution. No part of the filing fee is refundable. (C) Permits issued pursuant to this Ordinance by the Public Works Director may contain, and be subject to, such terms and conditions as the Public Works Director determines are necessary to carry out the purposes of this Ordinance. The Public Works Director shall deny any Application for a Permit if, in his/her determination, its issuance would tend to jeopardize the purposes of this Ordinance.

07.09.070 Rules and regulations.

The Public Works Director may adopt rules and regulations to implement and administer this Ordinance. Said rules and regulations shall be approved by the City Council.

07.09.080 Cash deposit or security bond.

Prior to the issuance of a Permit, the applicant shall post with the Public Works Director a cash deposit or security bond to guarantee compliance with any terms and conditions of the Permit and the proper performance of the work. Such cash and security bond shall be in the amount determined necessary by the Public Works Director to ensure compliance with this Ordinance, but in no event will such cash deposit or security bond be for an amount in excess of the total estimated cost of the work to be performed. The deposit or bond will be returned to the permittee upon satisfactory completion of the work.

07.09.090 Suspension or revocation of permit.
(A) The Public Works Director may suspend or revoke a water well Permit issued under this Ordinance whenever the Public Works Director determines that any work performed under such a permit constitutes a Public Nuisance or when the applicant, his agents, employees, or the licensed well drilling contractor performing the work (1) violates any provision of this Ordinance or any terms and conditions of the permit, or (2) misrepresents any material fact(s) in the Permit Application.
(B) Before the Public Works Director suspends or revokes a water well permit, the Public Works Director shall make reasonable effort to notify the landowner where the well is located or the licensed well drilling contractor performing work on the well.

12.3 Consent Page 5
ORDINANCE 2024-06

Page 5 ends

07.09.100 Appeal.

Any person whose Permit Application has been denied, granted conditionally, or any person whose Permit has been suspended or revoked, may appeal to the City Council:
(A) Said person shall file a Notice of Appeal with the City Clerk on or before the 14th calendar day following the date of decision by the Public Works Director. (B) The matter shall be scheduled for hearing before the City Council, no later than 30 days following receipt of the Appeal, absent mutual agreement to the contrary. The Appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued, upon mutual consent.

At the time of the hearing the appealing party, the Public Works Director, and any other interested person may present such relevant evidence as he or she may have, relating to the determination from which the appeal is taken.
(C) Based upon the submission of such evidence and any other relevant material including city files, the City Council shall issue a decision upholding, modifying, or reversing the determination from which the appeal is taken. Notice of Decision shall be given within 14 days following submission of the matter to the Council and shall state the reasons for the Decision. Any notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the fifth calendar day following the date of mailing.

07.09.110 Public nuisance.

Upon finding by the Public Works Director that a well may cause contamination or pollution to the groundwater or is a threat to the public health, safety, or welfare, such well shall constitute a Public Nuisance. The Public Works Director may take any action necessary to abate such Public Nuisance. The owner of the property upon which the well is located and / or the permittee for such well shall be liable for any and all costs incurred by, or at the request of, the Public Works Director in the abatement of said Public Nuisance.

07.09.120 Inspection.

The Public Works Director or his/her designee(s) may, at any and all reasonable times (absent an emergency, reasonable times exclude any time of day on weekends or holidays and prior to 8 a.m. or after 6 p.m. on weekdays), enter any and all places, property, enclosures, and structures for the purpose of examining or investigating the construction, modification or repair, abandonment, or destruction of wells.

07.09.130 Backflow prevention of existing auxiliary water supply wells. (California Administrative Code Title 17)
The water purveyor has the primary responsibility to prevent water from unapproved sources entering the public water supply system. Each service connection from a public water system supplying water to premises having an auxiliary water supply (well) shall be protected against backflow of water from the premises into the public water system by the installation of a City-approved reduced pressure principal backflow prevention device installed at the public water supply meter connection. It shall be the responsibility of the water user to provide protective devices as required under this Code. It shall be the duty of the water user on any premise for which backflow protective devices are installed to have a competent licensed inspection and test performed at least once per year at the expense of the water user.

07.09.140 Violation-Penalty.
(A) It shall be unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions herein shall constitute a

12.3 Consent Page 6
ORDINANCE 2024-06

Page 6 ends

misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from a misdemeanor to an infraction.
(B) Any person convicted on a misdemeanor under this chapter shall be punished by a fine not to exceed $2,500 or by imprisonment not exceeding six months, or by both the fine and imprisonment.
(C) Any person convicted of an infraction under this chapter shall be punished by:
(1) A fine not exceeding $50 for a first violation;
(2) A fine not exceeding $100 for a second violation of this chapter within one year; and
(3) A fine not exceeding $250 for each and every additional violation of this chapter within one year.
(D) Each day that a violation continues shall be regarded as a new and separate offense.
(E) In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney’s fees, related to the enforcement of this chapter.

07.09.150 Notification of violation.

Whenever the Public Works Director finds that any user has violated or is violating this chapter, the Public Works Director may serve upon the owner of the property upon which the well is located and / or the permittee for such well a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the owner of the property upon which the well is located and / or the permittee for such well to the Public Works Director. Submission of this plan in no way relieves the owner of the property upon which the well is located and / or the permittee for such well of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

SECTION 2. If any provision of the Tulare Municipal Code or Title 7 of the Ordinance Code of the City of Tulare, whether approved or adopted prior to or subsequent to Chapter 7.09 is in conflict therewith, the provisions of Chapter 7.09 shall govern.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

12.3 Consent Page 7
ORDINANCE 2024-06

Page 7 ends

SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 17th day of December 2024.

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

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

12.3 Consent Page 8
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director Agenda Title: Amendment to Contract with RSG, for Consulting Services

RECOMMENDED ACTION
Approve an amendment to the contract with RSG, for consulting services associated with administration of American Rescue Plan Act (“ARPA”) funding.

SUMMARY
The purpose of this item is to extend the services currently provided by RSG. The City and RSG entered into an agreement for as-needed consulting services effective January 1, 2022. Prior amendments have been authorized by City Council and the current agreement expires on December 31, 2024. It is necessary to continue these services and RSG has agreed to extend the agreement through June 30, 2027 at existing rates for an additional amount not to exceed $50,000; total amended contract not to exceed $125,000. City Council appropriated additional funds to cover this activity under resolution 2024-

64. FISCAL IMPACT & FUNDING SOURCE(S)
American Recovery Plan Act – ARPA Consultant – Category 7.1 Account: 028-4145-5201

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If the contract amendment is not approved, we will no longer have consulting services for this funding source.

ATTACHMENTS

1. RSG Consulting Contract

2. RSG Consulting Contract Amendment

3. RSG Consulting Contract Second Amendment
Reviewed/Approved:

Item #: 12.4
Consent

12.4 Consent Page 1

12.4 Consent Page 2

12.4 Consent Page 3

12.4 Consent Page 4

12.4 Consent Page 5

12.4 Consent Page 6

12.4 Consent Page 7

12.4 Consent Page 8

12.4 Consent Page 9

12.4 Consent Page 10

12.4 Consent Page 11

12.4 Consent Page 12

12.4 Consent Page 13

12.4 Consent Page 14

12.4 Consent Page 15

12.4 Consent Page 16
FIRST AMENDMENT TO AGREEMENT FOR ON.CALL ARPA CONSULTING AND SUPPORT SERVICES BETWEEN RSG, INC. AND THE CITY OF TULARE This First Amendment to the Agreement for Professional Services between RSG, lnc. and the City of Tulare is made on llhr€ ,
2024 by and between RSG, lnc. ("Consultant") and the City of Tulare ("Client"). u '
WHEREAS, Client and Consultant have previously increased budget to $50,000 to complete said work through the end of the calendar year 2023; and WHEREAS, Ctient and Consultant need an additional $25,000 to complete said work through the end of the calendar year 2024; and
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. Section lll, Compensation A. Total Fee: is hereby amended in its entirety to read as follows:
"The CONSULTANT will perform the tasks listed in "EXHIBIT A" and deliver the products for an increase amount of $ZS,OOO for a not-to-exceed budget of seventy-five thousand, $75'000.

2. All other provisions and amendments of the Agreement shall remain in effect.

Signatures Below
lN WITNESS WHEREOF, the parties have caused this First Amendment to the Agreement for On-Call ARPA Consulting and Support Services to be executed on the date first written above' City of Tulare RSG, lnc.
1-* e h**1*.^
By: By:

M a rc Mondell, City Manag er Tara Matthews, PrinciPal
I

12.4 Consent Page 17
" Exh ibit A"
RSG
EgTTEI COI'ifi U]llTlS$,
8OLD6N FUTUNg$,
November 9,2021 Vio Electronic Mail
Josh McDonnell, Deputy City Manager
CIry OF TULARE
41l East Kern Ave.

Tulare, CA93274

PROPOSAL FOR ASSISTING WITH ARPA PROGRAM DESIGN AND ADMINISTRATION Dear Mr. McDonnell,
RSC understands thatthe City of Tulare ("City") received approximately $teV in America Rescue plan Act ("ARPA") funds. ARPA funds provide direct relief to cities, towns, and villages th roug hout the cou ntry to help offset the negative im pacts of COVID{9. The fu nds ca n be used for a variety of reasons including:
l. Public Health

2. Negative Economic lmPacts

3. Services to Disproportionately lmpacted Communities

4. Premium PaY

5. lnfrastructure

6. Revenue RePlacement
7, Administrative
Atyour request, we have prepared this proposalto assistthe Citywith ensuring thatthe projects funOea with State and Local Fiscal Recovery Funds ("SLFRF') are complaint and meet spending requirements. We also understand that the City is interested in better understanding future reporting and compliance requirements. RSC has performed similar services for the City on other funding programs and is well suited to assist on this engagement.

SCOPE OF WORK
The following details the scope of services that RSC is available to perform, L project Compliance - RSC will review the list of proiects that the City Council and City staff have idehtified through its series of workshops to ensu re that the projects identified comply with lnterim Final Rule issued on May 10,2021. We will review each of the 37 projecis identified and provide any recommendations needed to ensure regulatory compliance.

2. Reporting and Compliance Requirements - The City is required to submit quarterly project and Expenditure reports through the end of the award period on December 31, 2026. RSC will review the regulatory guidelines and the templates prepared by the Treasury and detail the reporting requirements that the City will need to adhere to. We 17873 GTLLEITE AVg.
sutTr 3ss
rRvrNg, {A r}1614
7t{* 541 4585
lFlF0 a'W€BR$€.C0M
w6tR$6.e(}M
IRVINE a 8{'IK#L"HY * vtsTl{

12.4 Consent Page 18
Josh McDonnell

CITY OF TULARE
November 9,2021

Page 2 ends

will also offer suggestions on how to track data to make it easier to prepare quarterly reports,

3. Memorandum - RSC will detail our findings in a memorandum to the City. This can serve a reference guide to ensure compliance as the City moves forward with SLFRF expenditures.

4. lmplementation Support (Optional) - RSC is available to provide ongoing support to help ensure compliance during implementation and assist with reporting requirements.

PROJECT TEAM
Ms. Matthews will assume the role of Principal-in-Charge for this engagement. Ms. Matthews will be assisted by Suzy Kim, Director, Cindy Blot, Senior Associate, and additional RSC staft who will be assigned as needed. Stafl resumes may be located on our website at https://we b rs g.co m/m eet-tea m/.

FEE ESTIMATE
RSC proposes to provide the services described in Tasks I through 3 of the Scope of Services on a time-and-materials basis not-to-exceed $25,OOO. Optional services have not been included in the fee amount. lf the tasks under the Scope of Services section are substantially changed in the future, RSC will notify the City and request a fee adjustment. RSC will be on hand to provide "on call" services as needed and will bill for these additional services at an hourly rate based on our current compensation rates, as approved by the City' our 2o21fee schedule is as follows:

Principal/ Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Technician
Clerical
Reimbursable Expenses
$27s
200
.l80
'150
135
125
80 60
Cost plus 10%
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephoneffax expenses, general postage or incidental copies.

However, we do charge for messenger services, overnight shipping/express mail costs and

12.4 Consent Page 19
Josh McDonnell
CIry OF TULARE
November 9,2021

Page 3 ends

teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge,
RSC issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. lnvoices identify tasks completed to date, hours expended and the hourly rate' Should you have any questions or concerns regarding this proposal, please do not hesitate to let us know. I can be reached via email at [email protected] or by phone at (7.l4) 3.16-

2.11'1. We look forward to speaking with you further regarding this project.

Sincerely,

1.* L $.*r**
RSC, lnc.

Tara E. Matthews

12.4 Consent Page 20

SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment to the Agreement for Professional Services between RSG, Inc. and the City of Tulare is made on December 9, 2024, by and between RSG, Inc. ("Consultant") and The City of Tulare (“Client”).

WHEREAS, Client and Consultant have previously increased budget to $50,000 to complete said work through the end of the calendar year 2023; and WHEREAS, Client and Consultant have previously increased the budget another $25,000 to complete work through calendar year 2024, for a total not to exceed $75,000; and WHEREAS, Client and Consultant need an additional $50,000 to complete the work through June 30, 2027;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. Section III Compensation, is hereby amended in its entirety to read as follows:
“The CONSULTANT will perform the tasks listed in “EXHIBIT A” and deliver the products for an increased amount of $50,000 for a total not-to-exceed budget of one hundred twenty-five thousand dollars $125,000

2. All other provisions of the Agreement shall remain in effect.

Signatures on following page
IN WITNESS WHEREOF, the parties have caused this First Amendment to the Agreement for Professional Services to be executed on the date first written above.

City of Tulare RSG, Inc.

By: __________________________ By:

Marc Mondell Tara Matthews
City Manager Principal

12.4 Consent Page 21
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manny Correa
Agenda Title: Lease of City-owned Property - 407 North K Street

RECOMMENDED ACTION
Approve a five-year lease agreement with New Life Ministries of Tulare County for the building located at 407 North K Street for $1,500 per month; and authorize the City Manager to execute all necessary documents on behalf of the City.

SUMMARY
On November 25, 2024, Larry and Grady Dodson and Luther and Candice Haas viewed the City-owned building at 407 North K Street and expressed interest in leasing the property and submitted the following proposal to staff via email:
“After viewing the property at 407 N K Street, New Life Ministries of Tulare County (www.nlmtc.com) would like to pursue leasing this property as soon as possible.

New Life Ministries of Tulare County is a 501c3 non-profit organization that focuses on helping people build bridges over troubled waters. Over the past five years we have organized the Juneteenth Celebration attended by 600 people this past June and the Black Image Awards. We have also provided workshops to Tulare County mental health providers. New Life Ministries strives to be a source of hope by offering humility, optimism, and support to everyone we encounter. NLMTC emphasizes mental health wellness while assisting others in accessing mental health services to address all personal issues. We believe all people can embrace who they are, can define their future, and can change the world. Our mission is to empower people to take control of their lives through strategic and personalized planning.

Everyone is worth saving. Families are the foundation of our communities. Fix our families, fix our communities.

We need a space to provide small group settings that help all people overcome issues that impede their achievement and ability to succeed. Small groups are led by a trained facilitator. Groups can range from 3 people to 20 people. Within these groups participants are helped to identify problems, causes, alternative solutions, and possible consequences so they can make decisions that lead to positive outcomes.

We look forward to collaborating with the City of Tulare, just as we have done with Tulare County.” The property will be managed by Anderson Property Management with a 7% monthly fee. The new lease rate will start at $1,500 per month subject to an annual increase of 3%.

FISCAL IMPACT & FUNDING SOURCES
None

LEGAL REVIEW
Contract will be reviewed by the City Attorney’s Office prior to signing.

Item #: 12.5
Consent

12.5 Consent Page 1

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

12.5 Consent Page 2
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Parcel Map Acceptance – TPM 2022-01

RECOMMENDED ACTION
Approve the Parcel Map filed by Paula C. Ametjian, general partner of the Armistre Ametjian Staley Family Limited Partnership and Trustee of the Paula C. Ametjian Separate Property Trust for the division of land located on the north side of Tulare Avenue between Mountain View Street and Aronian Street for recordation, and accept all easements and dedications offered to the City.

SUMMARY
Tentative Parcel Map No. 2022-01 filed by Paula C. Ametjian would create four parcels and one remainder parcel from one existing parcel and was approved by the City of Tulare Parcel Map Committee on March 28, 2022. This parcel map comprises approximately 437,077 square feet. Parcel 1 would be 8,018 square feet, Parcel 2 would be 8,015 square feet, Parcel 3 would be 8,017 square feet, Parcel 4 would be 76,309 square feet & the Remainder Parcel would be 336,718 square feet. Right-of-way dedication for street purposes along Mountain View Street and Eastgate Avenue are shown on the Parcel Map. A 6-foot public utility easement dedicated to the City along the parcels’ Mountain View Street, Aronian Street and Eastgate Avenue frontages is provided on Map.

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

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

ALTERNATIVE ACTION

1. Approve with changes – Changes may result in delay to project continuing and additional financial burden to applicant.

2. Deny – Construction of the proposed single-family residential construction project would not be permitted and would not allow for future development to occur.

3. Table – The delay resulting from tabling the item could adversely impact the Developer’s project financing and completion.

ATTACHMENTS

1. Parcel Map Committee Resolution 839

2. Parcel Map TPM 2022-01
Reviewed/Approved:

Item #: 12.6
Consent

12.6 Consent Page 1
RESOLUTION NO. 839 f/Lt Copy

A RESOLUTION OF THE CITY OF TULARE PARCEL MAP COMMITTEE FOR TENTATIVE PARCEL MAP APPLICATION NO. 2022-01
WHEREAS, the Parcel Map Committee of the City of Tulare duly convened at a regular meeting on March 28, 2022 and approved the request by by Dean Ametjian to create 4 parcels ofrecord and 1 remamcter parcel tram one existing approximately s.oe-acre parcel that has been issued two assessor's parcel numbers (APNs 171-290-019 & 021 ). The subject property is located on the north side Tulare A venue between Mountain View and Aroniam Streets; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map is in accordance with the objectives of the Zoning Title and the purposes of the District in which the site is located; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map provides required dedications and easements to be recorded by final parcel map; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map is in conformance with the goals and objectives of the General Plan; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map will not have significant effect on surrounding properties and improvements in the vicinity of the project site; and, WHEREAS, the Parcel Map Committee determined that the proposed project is exempt pursuant to Section 15315 of the California Environmental Quality Act of 1970, as amended; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map is consistent with the Tulare Municipal Code,
NOW, THEREFORE, BE IT RESOLVED by the Parcel Map Committee that the project is exempt pursuant to Section 15315 of the California Environmental Quality Act of 1970, as amended.

NOW, THEREFORE, BE IT FURTHER RESOLVED
1by the Parcel Map Committee that
Tentative Parcel Map 2022-0 l is hereby approved and subject to the following conditions:
1) All requirements of Title 10 shall be met.
2) A final map shall be recorded in substantial compliance with the tentative parcel map number 2022-01.
3) Applicant shall comply with the attached Engineering conditions.

Resolution 839
TPM 2022-01 Page 1

12.6 Consent Page 2
(
-,,<jl,
Engirteering Conditions:
" • he Engineering Division recommends the following Site Plan Review Status for the subject project:
0 Resubmit with the following required revisions to the site plan:

I. On the site plan, please correct "Aronian Avenue" designation to "Aronian Street".

2. Please provide cross sections of Eastgate Avenue, Aronian Street, and Mountain View Street on the Site Plan. Cross sections shall include (at a minimum) dimensions from right-of-way (ROW) to ROW (existing and proposed), dimensions from ROW to landscape lot (if applicable), dimensions from ROW to sections line, dimensions from sections line to curb face, dimensions from curb face to sidewalk, sidewalk width, and median width and location with respect to section line (if applicable).

3. Existing irrevocable offer of dedication located along the Eastgate Avenue alignment shall be dedicated to the City in Fee Title and shown on the parcel map.

4. Right-of-way improvement can be deferred until building permit.

5. Approved master plan drawings for right-way-improvements along Aronian Street, Eastgate Avenue, and Mountain View Street is required prior to recordation of the parcel map 0 Proceed and comply with Engineering Conditions of Approval checked below.

D Proceed. No applicable Engineering Conditions of Approval.

General Engineering Conditions:
~ All public improvements conditionally required for project approval shall comply with the provisions of Chapter 8.24 "Subdivision Regulations" of the Tulare Municipal Code, the "City of Tulare Design Guidelines and Public Improvement Standards", and all other applicable City policies, specifications, ordinances and standard operating procedures in effect at the time of their construction, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Engineering Division while reviewing this development proposal. Nothing in these conditions precludes the City Engineer from applying other conditions/modifications necessary for good design, , operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction. ~ All required engineering plans and calculations shall be prepared by a registered civil engineer. Any elevations shown on plans required for the subject development shall be based on the official City of Tulare datum. The Engineer shall provide three (3) copies of each improvement plan set submitted to the City of Tulare for checking. All public improvements shall-be on -24" x 36" sheets,- in a plan/profile format at a scale of l "==50' or larger. Private on-site improvements may be plan-view only format, and may be on sheet sizes consistent with the rest of the on-site construction plans. ~ Following approval of the improvement plans, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file 'of the approved plans. This shall be done prior to scheduling any pre-construction conferences or commencing construction of any improvements. Following the recordation of a Notice of Completion for the project, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file showing all As-Built revisions approved by the City and incorporated into the construction of the project improvements.

Resolution 839
TPM 2022-01 Page 2

12.6 Consent Page 3
~ Prior to the start of construction, a meeting will be called by the City Engineer with the Owner/Developer, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City requirements are met. The Contractor shall perform no construction in the field until after this meeting.

D Applicant shall obtain a Street Closure Permit from the City. A traffic control plan prepared by a registered civil engineer, traffic engineer or traffic control specialist shall be submitted with the Street Closure Permit application, and will be subject to the approval of the City Engineer prior to application approval.

Required Data, Studies and Master Plan Documents:
[8l The Owner/Developer shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings. Said report shall be submitted to the City Engineer or Chief Building Official. [8J The Owner/Developer shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90% relative compaction between the select bedding around the pipe to within 2 feet of the sub base. The top 2 feet shall be compacted to 95% relative compaction. Compaction tests are required on all trenches and street subgrades. All soils testing shall be performed at the sole cost of the Owner/Developer. The Owner/Developer shall establish an account with a licensed and certified soil-testing firm acceptable to the City Engineer prior to the start of construction for compaction testing of trench backfill and fills. The City shall order and direct all compaction tests. ~ R-Value tests shall be taken for the design of all pavement areas to be constructed by this project.

The spacing of said R-Value tests shall not be more than 400 feet apart, per linear foot of paving. [8J Percolation tests are required for the design of new drainage basin facilities, or the expansion of existing drainage basin facilities.

D Project trip generation data based upon the ITE Trip Generation Manual is required. A Transportation Impact Study identifying the project impacts and proposed mitigation measures may be required as a condition of project approval, and shall be subject to the approval of the City Engineer. Traffic impact studies shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements. Traffic impact studies shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating project impacts to existing roadway facilities, traffic impact studies shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Governments (TCAG), and shall specifically address the project impacts and any appropriate mitigations to facilities identified by the City Engineer.

D A Transportation Impact Study (TIS) identifying the project impacts and proposed mitigation measures shall be submitted to the City for review, and shall be subject to the approval of the City Engineer. The TIS shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements. The TIS shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating the project's impact to existing roadway facilities, the TIS shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Governments, and shall specifically address the project impacts and any appropriate mitigations to the following facilities:

Resolution 839
TPM 2022-01 Page 3

12.6 Consent Page 4
(

1. Intersections, (including lane geometry and tum pocket lengths): __

2. Roadway Segments: __

3. Other:
cg] Compaction tests are required on all street subgrades, and at utility trench crossings of curb, gutter and sidewalk. All soil testing shall be performed at the sole cost of the Owner/Developer. {gJ Master Plan drawings are needed for: [8J Water, cg) Sewer, cg) Storm Drain, cg] Streets Right of Way Requirements
'cg) Any work to be done witliin the City street rights-of-way requires an encroachment permit issued 'by the Engineering Division, and shall be done under the inspection of the City Public Works Inspector.

All contractors working within City street rights-of-way shall possess a valid City of Tulare business license. Separate encroachment permits are also required from the following agencies for work within their rights-of-way or on their facilities: D County of Tulare: __ , D State: __ , D Tulare Irrigation District.
[8J The following right-of-way dedications are required for street/alley purposes:
a. 20' property comer radius: SW comer of Eastgate Avenue and Mountain View Street, and the SE corner of Eastgate A venue and Aronian Street.
b. Cha~fer property corner: __
c. Alley: _, _·
d. Street: 2 feet of additional dedication on Mountain View Street. Additional dedication on Eastgate A venue as needed for realignment.

D Waiver of direct access rights is required at the following locations: __ . cg] Easement, will be required for all public utilities to be located outside of dedicated rights-of-way.

Six-foot public utility easements are required along all street frontages, unless otherwise waived by the City Engineer. Additional easements may be required for ingress/egress, drainage, or shared trash enclosures.

Final Map Requirements
cg] Submit to the City of Tulare a title report for the parcelts) to be developed. cg] Submit closures and tabulation of areas (square feet) of all lots within the subdivision. A blue line area shall also be submitted.
cg] Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the improvement drawings for final checking.
cg) Following the approval of final subdivision or parcel maps, the Developer's Licensed Surveyor or Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved final map, or GIS shapefile for the related parcels included on said final map.

Resolution 839
TPM 2022-01 Page 4

12.6 Consent Page 5
~ A City Clerk's Certificate is required on the final map for required dedications. ~ A Public Works Certificate required on the final map if improvements are not constructed prior to recordation. This provision would require an engineer's estimate and an improvement security.

Roadway Improvements
~ Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards The structural section design for new roadways and pave-out areas shall be based upon the results of R-Value tests at locations approved by the City Engineer, and the design criteria provided below.

Minimum structural sections allowed shall be per the City of Tulare Design Guidelines and Public Improvement Standards:

Paved Width
Traffic ( curb face to curb
Roadway Classification Index face)
a) Eastgate A venue Local 5.0 40 feet
b) Mountain View Street Local 5.0 40 feet
c) Aronian Street Local 5.0 44 feet
~ Construct full pave-out width from lip of gutter to the existing edge of pavement on the following existing roadways impacted by the development is required: Mountain View Street and Aronian Street.

D Reconstruct/rehabilitate the following existing roadway segments impacted by the development in accordance with methods to be approved by the City Engineer: __ .

D Provide stabilized shoulders along the following existing roadway segments in accordance with the City ofTulare's adopted PM-IO control guidelines: __ .

D Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: __ .

D Install median improvements per the requirements of _the City Engineer within the following existing roadway segments impacted by the development: __ .
~ Provide pavement transitions from existing roadway cross-sections to new roadway cross-sections per the requirements of the City Engineer at the following locations: As may be required at intersection of Eastgate A venue and Aronian Street.
~ Curb and Gutter - Existing curb and gutter to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard curb and gutter shall be constructed as indicated below.

Street Frontage(s) Configuration
Eastgate A venue Barrier Curb per City Std.

Resolution 839
TPM 2022-01 Page 5

12.6 Consent Page 6
(
Mountain View Street Barrier Curb per City Std.

Aronian Street Barrier Curb per City Std.

D Construct City standard cross gutter at the following locations: __ . (8J Driveway Approaches - Existing driveway approaches to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard driveway approaches shall be constructed as indicated below.

Sfieet Frontage(s)
City Std. Residential Drive approaches, one per lot.

C8J Sidewalks - Existing sidewalk to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, and cracked or raised concrete. New City Standard sidewalk shall be constructed as indicated below. For adjacent sidewalk pattern, sidewalk shall transition behind driveway approaches and maintain a minimum width of 4 feet while doing so.

Street Frontage Configuration Sidewalk Width
_(ID
Eastgate A venue In a parkway strip 5 feet
Mountain View Street In a parkway strip 5 feet
Aronian Street In a parkway strip 5 feet
C8J Ramped Curb Returns - Existing ramped curb returns to remain shall be subject to "inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace' any existing improvements that are determined to be non-compliant Mth regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City starldard ramped curb returns and/or pedestrian ramps shall be installed as indicated below.

Location - - -Configuration ... ··-
SE comer of Eastgate Avenue and Mountain View Street 20 ft radius, diagonal ramp SW comer of Eastgate A venue and Aronian Street 20 ft radius, diagonal ramp D Alley Improvements - The following alley improvements are required:

1. Construct vee gutter at the following locations: __ .

2. Construct ADA compliant alley approach at the following locations: __ .

Resolution 839
TPM 2022-01 Page 6

12.6 Consent Page 7

3. Other:
[2J Street monuments - Street monuments shall be installed at locations as required by the City Engineer.

D Temporary Turnarounds - Turnarounds are required at all dead end or stubbed streets, except where refuse pickup on lot frontages does not require the refuse collection vehicle to back up. Grants of easement shall be provided to the City of Tulare for all temporary turnaround locations. [2J Damage to Existing Street Improvements - If work by the Owner/Developer or his contractors render any existing City street to be m a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer.

Thenceforth, the Owner/Developer shall maintain the street in its repaired state for the duration of the development's construction activities.
[2J Street Lights - Street lights shall be owned and maintained by Southern California Edison, and shall be installed at locations designated by the City Engineer per the City of Tulare Design Guidelines and Public Improvement Standards. Luminaires shall be LED fixtures mounted on standard concrete marbelite poles, and shall comply with the following general requirements:

Roadway Color Rating Minimum Mounting Mast Arm
Classification Wattage (kelvin) Lumens Height Length
Local Streets - 31 Watt 4,000 4,000 26 feet 6 foot
Eastgate
Avenue,
Mountain
View Street,
Aronian
Street.

Collector 39 Watt 4,000 5,000 26 feet 8 foot
Streets
Minor Arterial 39 Watt 4,000 5,000 32 feet 8 foot
Streets
Arterial 71 Watt 4,000 8,500 32 feet 8 foot
Streets
Traffic Signal 4,000 15,000 Varies Varies
[2J Traffic Control Devices - Street name signs, traffic control signs, pavement delineation and/or pavement markings shall be installed as required by the City Engineer.

D Traffic Calming Measures - The proposed development shall incorporate the following traffic calming measures: __ .

D Bicycle and Pedestrian Facilities The proposed development shall incorporate the following bicycle/pedestrian facilities: __ .

D Transit Facilities - The proposed development shall incorporate City standard bus turnout(s) at the following location(s): __ .

Resolution 839
TPM 2022-01 Page 7

12.6 Consent Page 8
Grading Requirements
[Z] A grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road frontages in such a manner that runoff is not diverted to adjacent property. On-site retention of storm water runoff is D required [Z] not required.

A letter verifying that lot grading was completed according to the approved grading / drainage plan shall be prepared by a Registered Civil Engineer or Licensed Architect and submitted to the City Engineer prior to the issuance of any final occupancy permits or notice of completion for public improvements. The Engineer or Architect shall affix their stamp and seal to the letter.

D The maximum slope adjacent to the back of any public sidewalk shall not exceed 5: 1 for the first 5 feet. For Landscape and Lighting Act District parcels, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed 10: 1.

Utility Improvements
[Z] All utility services to be located within paved areas shall be placed in the streets prior to paving. [Z] The Owner/Developer must make provisions for the installation of a gas distribution system in all streets and at the sizes determined by the Southern California Gas Company. [Z] All costs associated with the removal, relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements shall be the responsibility of the project. All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project. The following streets have above ground utilities that will need to be undergrounded:

I Location
Water System Requirements
[Z] Water main alignments shall b~ 6 feet south and/or west of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following water main extensions and-connections-Water main across the projects-Eastgate Avenue frontage. [Z] Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Owner/Developer.
[Z] Fire hydrants and fire suppression systems shall be provided as required by the City of Tulare Fire Marshall. The proposed development shall demonstrate that sufficient flows are available to support the required improvements. All points of connection to the City water system are subject to the approval of the City Engineer.
[Z] The proposed development shall install water services, as approved by Planning and Building. Water sizing calculations shall be provided at time of building permit application. Domestic and Resolution 839
TPM 2022-01 Page 8

12.6 Consent Page 9
landscaping services shall be separate metered services using the make and model of meter specified by the City of Tulare Public Works Department. No substitutions are allowed. All R-M-2 lots shall require individual water services (1 ½" minimum) with meter boxes.

D Water sampling stations shall be installed as follows: __ . ~ Existing water wells shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

Sewer System Keguirements
~ Sewer main alignments shall be 11 feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following sanitary sewer main extensions and connections: Sewer main across the projects Eastgate Avenue frontage.
~ The proposed development shall connect to City sewer. If service from an existmg lateral is proposed, said lateral shall be exposed for inspection by the Public Works Inspector and upgraded to current City standards if found to be broken or substandard. ~ All sewer lines shall pass both mandrel and air pressure tests. The Owner/Developer shall video inspect all sewer mains prior to placement of asphalt concrete and again after paving is complete.

City Public Works Inspector shall review each video inspection prior to approval.

D A sewer monitoring station, oil/sand/water separator and/or grease interceptor shall be installed as required by the wastewater manager.
~ Existing septic tanks shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

Storm Drainage System Requirements
~ Storm drain alignments shall be 6 feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following storm drain line extensions and connections: Eastgate A venue frontage. As needed to serve the development. ~ The Owner/Developer shall video inspect all storm drain mains and laterals prior to placement of asphalt concrete and again after paving is complete. City Public Works Inspector shall review each video inspection prior to approval.

Landscaping and Parks Requirements
D A landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase to assist City staff in the formation of the Landscape & Lighting District. The landscape & irrigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 days before approval of the final map or approval of the improvement plans (whichever comes first).

D A Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local street maintenance. The Owner/Developer shall submit a completed Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minimum of 75 days before approval of the final map or approval of the improvement plans (whichever comes Resolution 839
TPM 2022-01 Page 9

12.6 Consent Page 10
first). Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District.

On-site Improvements
D On-site A.C. pavement design shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the following minimum traffic index requirements: 4.5 for parking areas/travel lanes and 5.0 for truck routes (including path of travel of solid waste collection vehicles).

D All on-site water, sewer, and storm drain shall be privately owned. All City owned water meters shall be located within the City's ROW.

D All unused culverts and irrigation lines shall be abandoned and plugged in a manner acceptable to the City Engineer.

D A trash enclosure is required and shall be shown on the improvement drawings. The type, location and orientation of the enclosure shall be subject to the approval of the Solid Waste Division Manager.

For doublewide enclosures, separate bins are required for solid and recyclable waste, and identification signing shall be posted adjacent to all points of direct access. The wording of the signing shall be clear and concise, and shall identify all materials accepted in the recycling bin. 0 A landscaping plan subject to the review and approval of the Planning and Building Divisions shall be provided. Approval of the landscaping plan is required prior to approval of engineering improvement plans by the City Engineer. All existing trees that conflict with proposed improvements shall be removed to a depth of two (2) feet below proposed finish grade.

D If applicable, existing irrigation ditches and/or canals shall be piped, developed into a trail, or relocated outside the project boundaries per the direction of the City Engineer and affected irrigation district. Related irrigation facilities shall be subject to the same requirements for piping or relocation.

D In conformance with the City of Tulare's adopted air pollution control measures, a sign instructing delivery vehicle drivers to tum off their vehicle's engine while making deliveries shall be prominently posted at the location where deliveries are received. 0 Fugitive dust shall be controlled in accordance with the applicable rules of the San Joaquin Valley Air Pollution Control District's Regulation VIII. Copies of any required permits will be provided to the City.

D If the project requires discretionary approval from the City, it may be subject to the San Joaquin Valley Air Pollution Control District's Rule 9510 Indirect Source Review per the rule's applicability criteria. A copy of the approved AIA application shall be provided to the City. 0 If the project meets the one acre of disturbance criteria of the States Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is required. A copy of the approved permit and the SWPPP shall be provided to the City. When construction activities are not covered under the General Permit, storm water pollution control shall be implemented per the requirements of the City's Municipal Separate Storm Sewer System (MS4) permit.
0 The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90- Resolution 839
TPM 2022-01 Page 10

12.6 Consent Page 11
day protest period, commencing from the date of approval of the project, begins as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later challenging such exactions.

Oversize Construction
D The conditions of project approval require the construction of facilities which have been designated as "masterpian facilities" by the City Engineer, and as such ihe Owner/Developer may be eiigibie io receive reimbursement for oversized construction costs in accordance with Chapter 8.64 "Oversized Construction Reimbursement" of the Tulare Municipal Code, and the oversized construction reimbursement policies of the Engineering Services Department. Eligibility for any reimbursement of oversized construction costs is subject to the City Engineer's review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Owner/Developer shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Owner/Developer shall not be eligible for any reimbursements.

Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

Fees
All applicable City fees shall apply unless specifically waived or modified elsewhere in these conditions.

All fees shall be based on the current fee schedule in effect at the time of final map recordation or upon the date of issuance of other discretionary permit, whichever is applicable. These fees include, but are not limited to:
~ Sewer front foot' charges of$ 26.00 per front foot for frontages on Mountain View Street and Aronian Street.

D Sewer lift station fee of$ __ per acre.
~ Water front foot charges of$ 17.50 per front foot for frontages on Mountain View Street and Aronian Street.

D Street front foot charges of$ __ per front foot for frontages on __ .

D Benefit district creation fee (if applicable):$ 1,356.00 per district.

D Traffic signal in-lieu fee of$ __ .

D TIO ditch piping in-lieu fee of$ __ .

D Sewer main construction in-lieu fee of$
D Water main construction in-lieu fee of$
D Street construction in-lieu fee of$
Resolution 839
TPM 2022-01 Page 11

12.6 Consent Page 12
1:2] Engineering inspection fee based on a percentage of the estimated cost of construction is required prior to the construction of the improvements.
1:2] Development impact fees to be paid with building permit at rates in effect at time of permit issuance.
1:2] Engineering plan check fee to be paid at time of plan submittal. 1:2] Final map plan check fee to be paid at time of map submittal.

D Other:

PASSED, APPROVED AND ADOPTED this twenty-eighth day of March, 2022 by the following recorded vote:

AYES: fn. tnJlv/j d ?cue.fl
NOES: ff
ABSTAIN:-,£-.>,"'---------------------------
~.uc,,;, ~-I.UL.>
. SANDI MILLER,C . IR -..

City of Tulare Parcel Map Committee
Resolution 839
TPM 2022-01 Page 12

12.6 Consent Page 13

12.6 Consent Page 14
Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Parcel Map Acceptance – TPM 2024-02

RECOMMENDED ACTION
Approve the Parcel Map filed by Joe Pedro, chairperson of The First Church of God of Tulare, for the division of land located on North Blackstone Street, and accept all easements and dedications offered to the City.

SUMMARY
Tentative Parcel Map No. 2024-02 filed by Joe Pedro would create two parcels from one existing parcel and was approved by the City of Tulare Parcel Map Committee on June 24, 2024. This parcel map comprises approximately 6.68 acres. Parcel 1 would be 4.48 acres and Parcel 2 would be 2.2 acres.

Right-of-way dedication for street purposes along Blackstone Street are shown on the Parcel Map. A 6- foot public utility easement dedicated to the City along the parcels’ Blackstone frontage is provided on the Map.

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

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

ALTERNATIVE ACTION

1. Approve with changes – Changes may result in delay to project continuing and additional financial burden to applicant.

2. Deny – Creation of additional parcel would not continue.

3. Table – The delay resulting from tabling the item could adversely impact the Developer’s future site development.

ATTACHMENTS

1. Parcel Map Committee Resolution 859

2. Parcel Map TPM 2024-02
Reviewed/Approved:

Item #: 12.7
Consent

12.7 Consent Page 1

12.7 Consent Page 2

12.7 Consent Page 3

12.7 Consent Page 4

12.7 Consent Page 5

12.7 Consent Page 6

12.7 Consent Page 7

12.7 Consent Page 8

12.7 Consent Page 9

12.7 Consent Page 10

12.7 Consent Page 11

12.7 Consent Page 12

12.7 Consent Page 13

12.7 Consent Page 14

12.7 Consent Page 15

12.7 Consent Page 16

12.7 Consent Page 17

Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Marc Mondell, City Manager
Agenda Title: City of Tulare Health Care Center Agreement

RECOMMENDED ACTION
Approve the City of Tulare Health Care Center Agreement with Elite Corporate Medical Services, Inc. (Elite), subject to minor clarifying and confirming revisions as approved by the City Attorney; and authorize the City Manager to execute the Agreement.

SUMMARY
City management has been exploring the possibility of opening a health care center for City employees with a goal of supporting employee wellness with quick and easy access to medical care. The following actions have already occurred:

On July 20, 2024, the City issued a Request for Proposals for a health care center. Proposals were due on September 3, 2024.

On September 23, 2024, the City review panel conducted an initial screening of the proposals.

On October 3, 2024, the review panel held interviews with all firms who submitted proposals.

On October 7, 2024, the review panel unanimously recommended Elite to move forward in the process.

The other proposals received were from:
- Adventist Health: Annual estimated operating cost $971,280 (or $95 per member). - Concentra Onsite Health: Annual estimated operating cost $615,557 (or $60 per member).

Item #: 12.8
Consent

12.8 Consent Page 1
o Facility & Exam Rooms – City will be given a pass-through cost of the furniture/equipment and improvements, reimbursed to Elite up to $30,000 upon issuance of certificate of occupancy along with proof of expenditures to cover its portion of the initial tenant improvement and equipment cost. All improvements and purchases require advance City review, approval, and permitting as applicable.
o City agrees to a flat rate of $5,400 per exam/lab room as desired based on mutually agreed upon final clinic design.
o Default – Both parties to provide written notice and allow 60-day cure period not including a force majeure event.
o Elite is solely responsible for the management and day to day operations of the Center including:
 Staffing of medical, technical, and support staff which hold the property licensures and certifications and demonstrate strong interpersonal skills, a service mentality, and passion for the treatment, care, and recovery of patients including one bilingual staff member located at the Center.
 Supply and inventory management.
 Medical administration of patient care including patient management and referral management (including Medicare).
 Maintain patient records in a secure environment and in compliance with HIPAA regulations.
 Actively manage patient health by deploying target wellness and chronic disease management initiatives.
 Provide regularly scheduled reports to the City that sufficiently describe the program impact, cost impact, employee satisfaction, and other parameters as agreed upon by the City.
 Refer patients to cost-effective, local providers who are in the City’s medical insurance network.
 Refer post-65-year-old patients to Medicare providers. o Elite will ensure the Center will accept walk-in patients and same day appointments to the extent possible and will provide an online scheduling option. o Elite shall be responsible for all maintenance, repair, and replacement of City purchased equipment, except for any special equipment requests.

FISCAL IMPACT & FUNDING SOURCE(S)
A summary of the estimated expenses and potential funding options are found below. These numbers are variable and depend on utilization rates, new entities being added for cost sharing, prescription rebates, etc.

12.8 Consent Page 2
Audited Financials FY23 060 Fund
Balance $5,600,000
The City will work with Elite to achieve cost savings as possible. Cost savings may occur either through increased employee utilization, through organization partnerships, or both. If after the initial three-year term, the Center is determined to be financially unviable then the City can renegotiate costs prior to approving the option term or cease operations.

LEGAL REVIEW
The City Attorney’s office has reviewed and approved the agreement.

ALTERNATIVE ACTION

1. Approve

2. Deny

3. Table

ATTACHMENTS

1. Draft Elite Medical Corporation Agreement
Reviewed/Approved:

12.8 Consent Page 3

Page 1 of 13 ends

CITY OF TULARE

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) entered into this _______ day of December 2024, by and between Elite Corporate Medical Services, Inc., a California corporation (“Elite”), and the City of Tulare, a California municipal corporation (“City”). Together, Elite and City may be referred to as the “Parties”, and each, a “Party”.

WITNESSETH
WHEREAS, the City is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the City desires to open a health care center within City limits for exclusive use of City employees to support employee wellness, hereinafter referred to as the “Center”; and WHEREAS, Elite submitted a Response to the City’s Request for Proposal No. 25-806, attached hereto as Exhibit “A” and incorporated herein by reference; and WHEREAS, the City selected Elite as the professional services provider for the Center; and
WHEREAS, the City has the desire to secure certain technical and professional services to assist in the preparation, performance, and completion of the items of work described in Elite’s “List of Services to be Provided,” attached hereto as Exhibit “B” and incorporated herein by reference; and
WHEREAS, Elite represents it is qualified and willing to provide such services pursuant to the terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED, by and between Elite and the City as follows:

1. SERVICES TO BE PERFORMED BY ELITE
A. Authorized Scope of Work
The City agrees to pay Elite for the services described in Exhibit “B” – Elite’s “List of Services to be Provided”. The Parties agree that the list of services to be provided to the City will be reviewed on an annual basis and may be amended in writing upon mutual agreement of the Parties.

B. Hours of Operation
Elite shall operate the Center for a minimum of thirty-two (32) hours per week during normal business hours, 9AM to 5PM, Monday through Friday. The Parties agree that alternative hours or extended hours may be agreed in writing upon mutual agreement of the Parties, if so desired. Elite shall ensure the Center accepts walk-in patients and

12.8 Consent Page 4

Page 2 of 13 ends

same day appointments, to the extent possible, and shall provide the City’s employees an online scheduling option.

C. Management and Day-to-Day Operations
Elite shall be solely responsible for the management and day-to-day operations of the Center, including, but not limited to:
• Staffing of medical, technical, and support staff which hold the property licensures and certifications;
• Managing the Center’s inventory supply;
• Medical administration of patient care, including patient management and referral management (including Medicare);
• Maintaining patient records in compliance with HIPAA regulations; • Actively managing patient health through deployment of target wellness and chronic disease management initiatives;
• Providing regularly scheduled reports to the City that sufficiently describe the Center’s program impact, cost impact, employee satisfaction, and other parameters;
• Referring patients to cost-effective, local providers in the City’s medical insurance network; and
• Referring post-65-year-old patients to Medicare providers.

D. Communications, Promotions, Quality Assurance, and Liability Elite shall be solely responsible for the communications, promotions, quality assurance, and liability of and for the Center, including, but not limited to:
• Ensuring adequate resources and expertise are applied to ensure an optimal and positive positioning of the Center;
• Marketing and making modifications based on survey results to ensure high participation volumes among City healthcare plan participants to improve patient care and reduce costs to the City;
• Assisting with branding for the Center;
• Delivering proof of high patient service quality through its patient satisfaction program, patient complaint handling, and conformance with applicable state and federal regulatory requirements;
• Producing HIPAA/PHI compliant reports detailing how many participants have used the Center, including time of day and nature of visit;
• Providing patient satisfaction data and any wellness initiatives and efforts to the City; and
• Maintaining the required insurance as set forth in Section 16 of this Agreement and providing satisfactory evidence to the City of the same.

2. TERM
A. Term of Agreement and Time for Performance.

This Agreement shall be effective for a term of three (3) years (“Initial Term”) commencing on the date first set forth above (“Effective Date”) and terminating at

12.8 Consent Page 5

Page 3 of 13 ends

11:59 p.m. (Pacific Time) three (3) years after the Effective Date, subject to any earlier termination in accordance with this Agreement. The services of Elite shall be completed prior to the expiration of this Agreement.

B. Option to Renew.

The City shall have the option to renew this Agreement (the “Option”) two (2) times on the same terms and conditions herein unless otherwise mutually agreed upon by the Parties in writing (the “Extension Term(s)”). As used herein, “Term” shall mean the Initial Term and any Extension Term, if applicable. Each additional Extension Term shall last for a period of five (5) years. The City may exercise an Option by providing written notice to Elite at least one hundred and eighty (180) calendar days prior to the end of the Initial Term or Extension Term, as applicable. The City shall notify Elite in writing, in accordance with the notice provisions of this Agreement, that the City wishes to exercise an Option.

3. COMPENSATION
A. Monthly Compensation
Elite agrees to perform the services as described in Exhibit “B” – Elite’s “List of Services to be Provided” for a monthly fee of FORTY THOUSAND ONE HUNDRED NINETY-FOUR AND 67/100 DOLLARS ($40,194.67) (“Monthly Compensation”).

The Parties agree that the Monthly Compensation will be reviewed by the Parties on an annual basis and may be amended in writing upon mutual agreement of the Parties.

Any such amendment to the Monthly Compensation shall not exceed the published annual cost-of-living adjustment.

B. Startup Fee
The City agrees to pay Elite an initial one-time set up fee of SIXTEEN THOUSAND TWO HUNDRED TWENTY AND 00/100 DOLLARS ($16,220.00) for all necessary licensing, IT set-up and hardware, IS programming, electronic medical records set-up and licensing, and any other related initial account set-up fees.

C. Facility and Exam Room Costs
The City agrees to pay Elite a flat rate of FIVE THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($5,400.00) per exam/lab room based on a mutually agreed upon clinic design. The City shall be given a pass-through cost of the furniture/equipment and improvements, reimbursed to Elite up to THIRTY THOUSAND AND 00/100 DOLLARS ($30,000.00) upon issuance of certificate of occupancy, together with proof of expenditures to cover City’s portion of the initial tenant improvement and equipment cost. Elite shall receive prior written approval and permitting, if applicable, from City for all improvements and purchases.

D. Invoicing & Payment
Elite shall invoice the City on a monthly basis. The City shall pay each such invoice in full no later than fifteen (15) days following the end of the preceding month.

12.8 Consent Page 6

Page 4 of 13 ends

4. PROFESSIONAL STAFF
A. Compliance with Applicable Laws and Regulations
All Elite professional staff provided to the City hereunder shall provide services in accordance with generally accepted medical practices and standards in Tulare County, California, and in accordance with all applicable provisions of federal, state, and local laws, regulations, and orders
B. Licenses
Elite shall ensure that all professional staff provided hereunder: (i) are appropriately licensed and insured in the State of California for the services provided hereunder; and (ii) work in collaboration with a licensed physician.

C. Conduct
Elite agrees that all professional staff shall be required to conduct themselves in a professional manner and shall perform their duties in a responsible manner at all times during the term of this Agreement. Professional staff shall not engage in any activity or conduct which may adversely affect the reputation or standing of the City or which may disrupt the provision of medical care. Professional staff shall cooperate with the City employees and officers and shall perform their duties in a responsible manner.

5. MAINTENANCE AND REPAIR OF EQUIPMENT
Elite shall be responsible for all maintenance, repair, and replacement of City purchased equipment and machinery, according to commercially accepted practices, except for any special equipment or machinery requests made by the City. Elite shall be responsible for all costs and fees associated with the maintenance, repair, and replacement of City purchased equipment and machinery, except for such special equipment or machinery requested by the City.

6. MARKETING MATERIALS
Elite shall obtain prior written consent from the City to use the City’s logo prior to using the City’s logo on any marketing materials for the Center. Elite shall bear the sole cost and expense of any marketing materials for the Center, excluding any special request material and giveaways.

7. ADDITIONAL PARTNERSHIPS
The Parties may, upon further written agreement executed by the Parties, establish similar partnership with other organizations to utilize the Center, assuming all terms of this Agreement are maintained, and/or costs to the City can be reduced, and/or accessibility for patients is enhanced. The Parties shall establish such additional partnerships under the following guidelines:
• The initial goal of the Parties will be to increase clinical patient care hours to a standard forty (40) hour week for staffing and personnel purposes.

12.8 Consent Page 7

Page 5 of 13 ends

• Once the initial forty (40) hour week for staffing and personnel purposes is met, the Parties will outline and mutually agree upon any additional partnership to ensure fair and equitable fiscal and operational benefits.

8. DEFAULT
Either Party’s failure or unreasonable delay to perform any term or provision of this Agreement constitutes a default of this Agreement. In the event of a default, the nondefaulting Party shall give the defaulting Party a written “Notice of Default”, specifying the default. Delay in giving such notice shall not constitute a waiver of the default. If the defaulting Party fails to cure the default within sixty (60) days after receipt of a Notice of Default specifying the default, or, if the default is of a nature that cannot be cured within sixty (60) days, the defaulting Party fails to commence to cure the default within said sixty (60) days and thereafter diligently prosecutes such cure to completion, then the defaulting Party shall be liable to the non-defaulting Party for any and all damages caused by such default.

9. TERMINATION
This Agreement shall become effective on the date that it is executed by both Parties and shall continue in effect until both Parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

A Party shall have the right to terminate this Agreement upon compliance with Section 8 of this Agreement after an event of default by a defaulting Party. Upon completion of the sixty (60) day cure period, the non-defaulting Party may terminate this Agreement by giving written notice to the defaulting Party in accordance with Section 27 of this Agreement. Upon termination, Elite shall promptly deliver to the City copies of all information prepared pursuant to this Agreement and the City shall pay Elite the reasonable value of services rendered by Elite prior to termination; provided, however, the City shall not in any manner be liable for lost profits which might have been made by Elite had the Agreement not been terminated or had Elite completed the services required by this Agreement. In this regard, Elite shall furnish to the City such financial information as is in the judgment of the City necessary for the City to determine the reasonable value of the services rendered by Elite. The foregoing is cumulative and does not affect any right or remedy that the non-defaulting Party may have in law or equity.

10. AUTHORIZED REPRESENTATIVE
The City Manager, or his designee, shall represent the City in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Tulare is specifically required.

12.8 Consent Page 8

Page 6 of 13 ends

11. INTEREST OF CITY AND ELITE
A. No officer, member, or employee of the City or another public official of the governing body of the locality or localities in which the work, pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work shall:
i. Participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership, or association in which he or she has, directly or indirectly, any interest; or ii. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his or her tenure or for one year thereafter.

B. Elite hereby covenants that it has, at the time of the execution of this Agreement, no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Elite further covenants that in the performance of this work, no person having such interest shall be employed.

Elite warrants that, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bonafide established commercial or selling agencies maintained by Elite for the purpose of securing business. For breach or violation of this warrant, the City shall have the right to annual this Agreement without liability or, in its discretion, to deduct from this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

12. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the Parties. Elite shall not assign, delegate or transfer the rights and duties under this Agreement or any part thereof, without the prior written consent of the City.

13. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, Elite shall be, and is, an independent contractor and is not an agent or employee of the City. Elite has and shall retain the right to exercise full control and supervision of all persons assisting Elite in the performance of said services hereunder. Elite shall be solely responsible for all matters relating to the payment of its employees including, but not limited to, compliance with social security and income tax withholding, and all other regulations governing such matters.

12.8 Consent Page 9

Page 7 of 13 ends

14. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement, signed by the Parties, to incorporate such changes.

15. PUBLICATION
No report, information, or other date given or prepared or assembled by Elite, pursuant to this Agreement, shall be made available to any individual or organization by Elite, without the prior written consent of the City. Notwithstanding the foregoing, Elite shall not be required to protect or to hold in confidence any information which, either (1) is or becomes available to the public with the prior written consent of the City; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

16. COPYRIGHTS
Elite shall be free to copyright material developed under this Agreement; the City is hereby given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

17. INDEMNIFICATION AND INSURANCE
A. To the fullest extent permitted by law, Elite expressly undertakes to and shall defend, indemnify, and save the City, its officers, agents, and employees free and harmless from and against any and all claims, demands, damages, actions, expenses, suits, liabilities, or proceedings and other costs, including attorney’s fees, arising out of or in connection with any act, omission, work, duties, operations or negligence of Elite or any of Elite’s officers, agents, employees or assignees arising out of any incident, injury, or damage whatsoever caused or occurring to any person or property on or arising out of Elite’s performance of professional services under this Agreement..

Moreover, Elite hereby agrees to defend, indemnify, and save the City, its officers, agents, and employees harmless from any and all claims, demands, damages, actions, expenses, attorney’s fees, and other costs that may arise out of or in connection with any failure of Elite to take out or maintain such insurance referred to in this Agreement or to fulfill any term of this Agreement.

B. To the fullest extent permitted by law, the City expressly undertakes to and shall defend, indemnify, and save Elite, its officers, agents, and employees free and harmless from and against any and all claims, demands, damages, actions, expenses, suits, liabilities, or proceedings and other costs, including attorney’s fees, arising out of or in connection with any act or omission of the City or any of City’s officers agents, employees, or assignees under this Agreement. Moreover, the City hereby agrees to defend, indemnify, and save the City, its officers, agents, and employees harmless from any and all claims, demands, damages, actions, expenses, attorney’s fees, and other

12.8 Consent Page 10

Page 8 of 13 ends

costs that may arise out of or in connection with any failure of the City to fulfill any term of this Agreement.

C. Without limiting the City’s right to indemnification, the Parties agree that Elite shall secure, prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
i. Workers’ Compensation Insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident.
ii. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Broad Form Property Damage (if applicable), Independent Contractors’ Liability (if applicable), in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit, written on an occurrence form.
iii. Professional Liability Insurance coverage, including contractual liability, in an amount not less than One Million Dollars ($1,000,000.00), and Elite shall maintain such coverage for at least four (4) years from the termination of this Agreement. During this four (4) year period, Elite shall use Elite’s best efforts to ensure that there is no change of the retroactive date on this insurance coverage.
iv. Comprehensive Auto Liability coverage, including (as applicable) owned, non-owned and hired autos in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.

D. Each insurance policy required by this Agreement shall contain the following clauses:
“This insurance shall not be canceled, limited in scope or in coverage, or non-renewed, until after thirty (30) days’ prior written notice has been given to the City Manager.”
“It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with insurance provided by this policy.”
Each insurance policy required by this Agreement, excepting policies for workers’ compensation and professional liability, shall contain the following clause:
“The City, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of, the named insured, performed under contract with the City.”
E. Elite shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement and including the applicable clauses referenced above. Within thirty (30) days of the City’s request, Elite shall provide to the City endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an

12.8 Consent Page 11

Page 9 of 13 ends

authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Elite’s responsibility to see that the City receives documentation acceptable to the City which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. The City has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

F. In addition to any other remedies the City may have if Elite fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time required herein, the City may, at its sole discretion:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii. Order Elite to stop work under this Agreement and/or withhold any payment(s) which become due to Elite hereunder until Elite demonstrates compliance with the requirements of this Agreement;
iii. Terminate this Agreement after compliance with default provisions of Section 8 of this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies the City may have and is not the exclusive remedy for Elite’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which Elite may be held responsible for payments of damages to persons or property resulting from Elite or its subcontractor’s performance of the work under this Agreement.

18. OWNERSHIP OF DOCUMENTS
All original papers and documents, produced as a result of this Agreement, shall become the property of the City. In addition, the City shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the City.

19. LAWS TO BE OBSERVED
Elite shall have the responsibility to be fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Tulare which in any manner affects those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

12.8 Consent Page 12

Page 10 of 13 ends

20. LICENSES AND PERMITS
Elite represents and warrants that it has all licenses, permits, City Business Operations Tax Certificates, qualifications, and approvals of whatsoever nature which are legally required for Elite to provide any services under this Agreement. Elite represents and warrants that Elite, at its sole cost and expense, will keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for Elite to provide such services.

21. TIME
Elite shall devote such time to the performance of services pursuant to this Agreement as may be necessary for satisfactory performance of Elite’s obligations under this Agreement.

22. FORCE MAJEURE
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s reasonable control, including, without limitation, the following force majeure that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) a state of emergency; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the impacted Party.

23. MODIFICATION
This Agreement may be amended in writing upon mutual agreement of the Parties.

24. ASSIGNMENT
Any assignment of the rights and obligations under this Agreement without the prior written consent of the City is prohibited and shall be null and void.

25. BINDING EFFECT
This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the Parties.

12.8 Consent Page 13

Page 11 of 13 ends

26. THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

27. NOTICES
Notice shall be sufficient hereunder if personally served upon the City Manager of the City, or his designee, or an officer or principal of Elite, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

Elite City
Elite Corporate Medical Services, Inc. City of Tulare
Attn: Nicholas Gambini Attn: Marc Mondell
319 Church St City Manager
Visalia, CA 93291 411 E. Kern Avenue
Tulare, CA 93274

28. JURISDICTION & CHOICE OF LAW
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued in the State of California, Tulare County Superior Court. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

29. ATTORNEYS’ FEES
In the event of a dispute between the Parties, or in the event of an action to interpret or enforce this Agreement, the prevailing Party in such an action, in addition to such other relief as may be granted, shall be entitled to legal fees and costs in such action, which shall be determined by the court in such action or in a separate proceeding brought for that purpose.

30. CUMULATIVE REMEDIES
All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either Party of any right or remedy does not preclude the exercise of any other rights or remedies that may not or subsequently be available at law, in equity, by statute, or otherwise.

12.8 Consent Page 14

Page 12 of 13 ends

31. SEVERABILITY
If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

32. WAIVER
One or more waivers or any breach of any covenant or condition in this Agreement shall not be construed as a waiver or a subsequent breach of the same or any covenant or condition.

33. CONFLICT
In the event of any conflict between the provisions of this Agreement and the terms and conditions of any exhibit attached to this Agreement and incorporated by reference, the terms and conditions of this Agreement shall control.

34. NON-DISCRIMINATION
Elite will not discriminate against any employee, or applicant for employment, based on race, color, religion, sex, marital status, or national origin. Elite will take action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

35. ENTIRE AGREEMENT
This Agreement represents the entire understanding of the City and Elite as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

36. COUNTERPARTS
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Signatures follow on next page.

12.8 Consent Page 15

Page 13 of 13 ends

Tulare City CouncilDecember 17, 2024

Tulare City Council
December 17, 2024