City of Tulare Page 1 of 4
City of Tulare
City Council
Meeting Notice & Agenda
Tulare Public Library & Council Chamber Tuesday, April 15, 2025 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.
City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
Dennis A. Mederos
City Council Meeting Notice & Agenda Tuesday, April 15, 2025 City of Tulare Page 2 of 4
6:00 P.M. SPECIAL MEETING
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 Capital Improvement Plan Workshop.
Recommended Action: Receive a presentation and provide direction to staff regarding the Fiscal Year 2026 Capital Improvement Plan (CIP) Budget and Fiscal Year 2026-2030 CIP.
3. ADJOURNMENT
7:00 P.M. REGULAR MEETING
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE AND INVOCATION
6. PROCLAMATIONS & RECOGNITIONS
6.1 Proclamation for National Donate Life Month – April 2025.
7. 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.
8. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.
9. COUNCIL REPORTS AND ITEMS OF INTEREST
10. 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.
10.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.
City Council Meeting Notice & Agenda Tuesday, April 15, 2025 City of Tulare Page 3 of 4
10.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of April 1, 2025. [M. Hermann]
10.3 Second Reading and Adoption of Ordinance 2025-03.
Recommended Action: Adopt Ordinance 2025-03 approving Zone Amendment No. 754, prezoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and Rural Residential zoning designations. [S. Sopp]
10.4 Second Reading and Adoption of Ordinance 2025-04.
Recommended Action: Adopt Ordinance 2025-04 approving Zone Amendment No. 757, revising the City of Tulare’s Farmland Mitigation Ordinance (Chapter 10.222 of the City of Tulare Municipal Code). [M. Anaya]
10.5 Monthly Investments Report.
Recommended Action: Accept the monthly investments report for February 2025 [M. Roberts]
11. 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.
11.1 2025-2029 Analysis of Impediments to Fair Housing Choice (AI), Consolidated Plan, and Citizen Participation Plan Draft Presentation.
Recommended Action: Receive a presentation and conduct a public hearing on the Draft Analysis of Impediments to Fair Housing Choice (AI), Consolidated Plan, and Citizen Participation Plan. [M. Anaya]
12. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by 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.
12.1 Municipal Code Revisions Regarding Camping on Public Property.
Recommended Action: Pass to print an ordinance repealing and replacing Section 8.36.280 (Hours of Use) of Chapter 8.36 (City Park and Trail Ordinance); enacting Chapter 8.37 City Property Exclusion; and enacting Chapter 8.38 (Encampments on Public Property) of Title 8 Public Ways and Property of the Tulare Municipal Code. [M. Correa]
12.2 Economic Development Update.
Recommended Action: Receive a presentation on economic development activities occurring within the City of Tulare. [G. Gonzalez]
12.3 Temporary Encampment Facility Staffing.
Recommended Action: Provide staff direction to recruit two hourly employees to serve as temporary encampment attendants. [S. Oneal]
12.4 Approval of Budget Adjustments.
Recommended Action: Adopt a resolution approving adjustments to the City of Tulare Fiscal Year 2025 budget. [M. Roberts]
13. FUTURE AGENDA ITEMS - NONE SUBMITTED
City Council Meeting Notice & Agenda Tuesday, April 15, 2025 City of Tulare Page 4 of 4
14. STAFF UPDATES
15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, May 6, 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, April 10, 2025 Melissa Hermann, Chief Deputy City Clerk Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To: Mayor and City Councilmembers
From: Marc Mondell, City Manager
Subject: April 15, 2025 Agenda Memo
Date: April 10, 2025
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. 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 Capital Improvement Plan Workshop.
Recommended Action: Receive a presentation and provide direction to staff regarding the Fiscal Year 2026 Capital Improvement Plan (CIP) Budget and Fiscal Year 2026-2030 CIP.
3. ADJOURNMENT
7:00 P.M. REGULAR MEETING
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE AND INVOCATION
6. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:05 p.m.]
6.1 Proclamation for National Donate Life Month – April 2025.
7. 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 Tulare City Council Meeting Page 2 of 7
Agenda Memo - April 15, 2025
may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:10 p.m.]
8. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting. [Time Estimate: 7:25 p.m.]
9. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:25 p.m.]
10. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. [Time Estimate: 7:30 p.m.]
10.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
10.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of April 1, 2025. [M. Hermann]
10.3 Second Reading and Adoption of Ordinance 2025-03.
Recommended Action: Adopt Ordinance 2025-03 approving Zone Amendment No. 754, prezoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and Rural Residential zoning designations. [S. Sopp] Summary: On April 1, 2025, the City Council approved a request by San Joaquin Valley Homes to annex into the City limits and subdivide approximately 140.32-acres into a 556-lot singlefamily residential subdivision with an approximately 5.47-acre remainder parcel to be zoned Rural Residential. The subject parcel is currently outside of the City limits and is currently subject to the County’s zoning designation. The applicant is proposing to pre-zone approximately 134.85-acres of the subject property to the R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum lot area) and 5.47-acres to the Rural Residential zoning designations to become effective upon annexation into the City limits.
The proposed project is located on the southeast corner of Prosperity Avenue and Morrison Street. Entry access to the development will be established through two new points of access on Morrison Street as well as from two new points of access on Prosperity Avenue.
Zone Amendment
The subject property is currently subject to the zoning designation established by the County of Tulare. Upon annexation, the project proponents are proposing to establish the underlying zoning designations as R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum lot area) and rural Residential.
The City recently adopted a Comprehensive Zoning Ordinance Update. As part of that update the R-1-5 zone was eliminated and all parcels within the city that were zoned R-1-5 will be changed to R-1-4 (Single-Family Residential, 4,000 sq. ft. minimum lot area). The applicant submitted the requested zone amendment application several months prior to the adoption of the Comprehensive Update. As such, the development is proposed to be built to the 5,000 sq. ft. minimum standard but if adopted the City’s Zoning Map will reflect R-1-4 zoning for the area upon annexation of the area into the City limits.
Tulare City Council Meeting Page 3 of 7
Agenda Memo - April 15, 2025
The proposed zoning designations are consistent with the existing/proposed Low Density Residential and Rural Residential general plan land use designations.
The City Council passed to print the ordinance at the April 1 Council meeting. The ordinance is being presented for second reading and adoption.
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.
10.4 Second Reading and Adoption of Ordinance 2025-04.
Recommended Action: Adopt Ordinance 2025-04 approving Zone Amendment No. 757, revising the City of Tulare’s Farmland Mitigation Ordinance (Chapter 10.222 of the City of Tulare Municipal Code). [M. Anaya]
Summary: In 2020, the City of Tulare adopted a farmland mitigation ordinance that requires mitigation when agricultural land outside the city limits and within the Tulare Urban Development Boundary is converted to non-agricultural use. The City’s current farmland mitigation ordinance provides that payment of an in-lieu fee is allowed as an alternative to the acquisition of mitigation land for conversion of parcels smaller than 20 acres, when direct acquisition of mitigation land is not feasible.
Since the farmland mitigation ordinance was adopted in 2020, the City has found that some applicants seeking approval to convert and develop ag land for urban uses have claimed to have difficulty finding landowners willing to sell conservation easements on land that meets the requirements of the ordinance, or face some uncertainties related to cost and time required to record the required conservation easements. For that reason, the proposed revisions to the City’s farmland mitigation ordinance, aim to provide more clarity and flexibility for applicants, while still complying with legal requirements requiring farmland mitigation and addressing conservation goals in the City’s general plan.
Finally, revisions are proposed that would enable the City of Tulare to place conservation easements on city-owned land that is leased for farming and is not needed for other future needs. The proposed amendments to Chapter 10.222 of the City of Tulare Municipal Code would accomplish this, in addition to revisions to improve clarity and implementation of the ordinance.
The City Council passed to print the ordinance at the April 1 Council meeting. The ordinance is being presented for second reading and adoption.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: The proposed ordinance revisions have been reviewed by the City Attorney.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the ordinance is denied or tabled, it will delay the City’s ability to address the concerns raised by some applicants, and as directed by the City Manager, to make modifications to this Municipal Code chapter that would increase flexibility for applicants while still allowing the City to comply with farmland conservation goals and farmland conversion mitigation requirements.
Tulare City Council Meeting Page 4 of 7
Agenda Memo - April 15, 2025
10.5 Monthly Investments Report.
Recommended Action: Accept the monthly investments report for February 2025 [M. Roberts] Summary: The investments report for February 2025 are submitted for Council review and acceptance.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
11. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.
Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:40 p.m.]
11.1 2025-2029 Analysis of Impediments to Fair Housing Choice (AI), Consolidated Plan, and Citizen Participation Plan Draft Presentation.
Recommended Action: Receive a presentation and conduct a public hearing on the Draft Analysis of Impediments to Fair Housing Choice (AI), Consolidated Plan, and Citizen Participation Plan. [M. Anaya]
Summary: Baker Tilly Advisory Group (“Baker Tilly”), on behalf of the City, conducted citizen participation and consultation activities and drafted the City’s updated 2025-2029 Analysis of Impediments (AI) to Fair Housing Choice, FY2025/26 – FY2029/30 Consolidated Plan, and 2025-2029 Citizen Participation Plan. All 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 funds for the next five years. The Citizen Participation Plan describes how the City will involve residents in the planning, implementation and assessment of how CDBG and HOME funds (which the City receives from the State of California) will be used.
Baker Tilly has prepared a presentation to provide an overview of AI and Consolidated Plan requirements and components, as well as summaries of the draft AI, Consolidated Plan, and Citizen Participation Plan documents. The session is intended to inform residents on the contents of these plans as well as the goals, projects, and use of funds (for the Consolidated Plan) proposed in the draft plans. Public comments on the draft plans will be solicited during this time. Formal adoption of the plans will be scheduled for a future city council meeting date.
Webpage link for public viewing: https://www.youtube.com/@cityoftulare3805/streams 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.
Tulare City Council Meeting Page 5 of 7
Agenda Memo - April 15, 2025
12. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.
Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:10 p.m.]
12.1 Municipal Code Revisions Regarding Camping on Public Property.
Recommended Action: Pass to print an ordinance repealing and replacing Section 8.36.280 (Hours of Use) of Chapter 8.36 (City Park and Trail Ordinance); enacting Chapter 8.37 City Property Exclusion; and enacting Chapter 8.38 (Encampments on Public Property) of Title 8 Public Ways and Property of the Tulare Municipal Code. [M. Correa] Summary: Repeal Sections 8.36.280(B)(5) through (H) in order to resolve any conflicts that may occur if proposed Division 8.38 is passed.
Chapter 8.37- Public Property Exclusion is proposed to assist city staff when dealing with habitual offenders on public property. This ordinance will give city staff additional authority to exclude those habitual offenders from public properties for a specified amount of time. It also outlines the hearing process and sets time frames for these hearings to ensure due process has been met. This ordinance also outlines the penalty for failure to comply with the regulations.
Chapter 8.38 – Encampments on Public Property is proposed to protect the life, health, and safety of all people in the City. Certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. It is the purpose of this Division to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands, and to prevent destruction of these assets.
As proposed, this ordinance would be enforceable at all times, regardless of the availability of shelter space or beds.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: This item has been reviewed by legal counsel, and all suggestions/revisions have been updated.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the proposed revisions are not approved, the City will see an increase of encampments on public property, an increase in public health and safety matters, and visual blight in the City.
12.2 Economic Development Update.
Recommended Action: Receive a presentation on economic development activities occurring within the City of Tulare. [G. Gonzalez]
Summary: There is no staff report associated with this item; presentation only.
12.3 Temporary Encampment Facility Staffing.
Recommended Action: Provide staff direction to recruit two hourly employees to serve as temporary encampment attendants. [S. Oneal]
Summary: On March 4, 2025, the City Council evaluated various operational plans and additional staffing and service options for the temporary encampment facility. The City Council chose to move forward with Plan C (maintain most of the basic services) as well as the items Tulare City Council Meeting Page 6 of 7
Agenda Memo - April 15, 2025
listed in Table 3 as provided in the staff report, which included two additional encampment attendants at an estimated cost of $10,609 per month ($15,124 including benefits).
As an alternative to hiring two full-time contract employees, these two positions could be recruited as hourly employees. Hourly employees may work up to 960 hours per fiscal year.
The cost of two hourly positions is $7,878 per month. Based on the potential for significant taxpayer cost savings, staff determined it necessary for this item to return to City Council for direction. This recommended approach would reduce costs and provide greater flexibility in case it was determined these two temporary encampment attendant positions were not necessary. The 960 hours per fiscal year limitation would allow for a position to work 40 hours per week through at least mid-December 2025. By that time, staff, or the City’s vendor, would already be in recruitment for staffing at the new homeless shelter.
Fiscal Impact & Funding Source(s): The fiscal impact for this recommendation is $7,878 per position per month. This would be paid from general fund balance.
Legal Review: This item was reviewed by the City Attorney.
Alternative Action: 1) Adopt the resolution amending the City’s Non-Utility Position Control Budget (PCB) to allow for the hiring of two full-time benefited contract employees to serve as temporary encampment attendants; 2) Provide other staff direction; or 3) Table.
12.4 Approval of Budget Adjustments.
Recommended Action: Adopt a resolution approving adjustments to the City of Tulare Fiscal Year 2025 budget. [M. Roberts]
Summary: On April 1, 2025, City staff presented the Fiscal Year 2025 Mid-Year Budget Review and recommended/requested budget adjustments to the City Council. However, Council did not take action on the proposed budget adjustments and directed staff to bring them forward for consideration at the regular City Council meeting on April 15, 2025.
Budget Adjustments
During the mid-year budget review process, Department of Finance staff worked with staff of other departments to afford them the opportunity to submit budget adjustment requests based upon actual or projected budgetary requirements not anticipated during the annual budgeting process. Exhibit A to this staff report reflects the recommended and requested adjustments.
In addition to the fiscal year 2025 adjustments, an adjustment is necessary to reclassify the $1.9 million fiscal year 2024 General Fund transfer to the Financing Authority Debt Service Fund for payment of 2023 energy project debt service as an expenditure. This reclassification is simply an adjustment to the manner in which the amount is reflected in the budget and on the City’s general ledger and will have no net impact to the General Fund.
Fiscal Impact & Funding Source(s): See attached Exhibit A for detail of recommended and requested budget adjustments and totals by fund.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. Adopting the proposed midyear adjustments will authorize expenditures deemed necessary by staff to effectively carry out its responsibilities. If City Council does not approve the proposed changes, the budget may be exceeded, and/or staff may be unable to perform its work effectively as possible.
Tulare City Council Meeting Page 7 of 7
Agenda Memo - April 15, 2025
13. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:30 p.m.]
14. STAFF UPDATES [Time Estimate: 9:30 p.m.]
15. ADJOURNMENT [Time Estimate: 9:35 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, May 6, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.
WHEREAS, more than 19,998 individuals in California that are currently on the national organ transplant waiting list, and 22 patients die each day due to the shortage of donated organs; and WHEREAS, Donor Network West serves as the federally designated Organ Procurement Organization in Northern/Central California and Northern Nevada and works in close partnership with families, doctors, nurses, and coroners in hospitals to connect donors to recipients; and WHEREAS, organ and tissue are life-giving acts recognized worldwide as expressions of compassion to those in need that save thousands of lives each year; and WHEREAS, the need for donated organs is especially urgent in Asian, Hispanic and African American communities; and
WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 75 others; and WHEREAS, the spirit of giving and decision to donate are not restricted by age or medical condition; and
WHEREAS, over fourteen million Californians have signed up with the state-authorized Donate Life California Registry to ensure their wishes to be organ and tissue donors are honored; and WHEREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or renewing their driver's licenses or lD cards at the California Department of Motor Vehicles.
NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the month of April 2025 as
National Donate Life Month
in the City of Tulare and encourage all Californians to check'YES!'when applying for or renewing their driver's license or LD. card, or by signing up at donornetworkwest.org.
Dated this 1Sth day of April 2025.
lsherwood, Mayor
l"^ ( Aa^;rtc Harrell, Vice Mayor
duJ Sigal Councilmember
T
J"r/t"--
, Goulfcilmember
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Dennis A. Mederos, Gouncilmember
City of Tulare Page 1 of 8
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, April 1, 2025
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: Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
COUNCIL ABSENT: Mayor Patrick Isherwood
STAFF PRESENT: City Manager Marc Mondell; Assistant City Manager Thomas W.
Gaffery IV; Assistant City Attorney Megan Crouch; Chief Deputy City Clerk Melissa Hermann; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Captain Greg Merrill; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development Director Mario Anaya; Chief Technology Officer Jason Bowling
1. CALL TO ORDER
Vice Mayor Harrell called to order the special meeting of the Tulare City Council at 6:30 p.m. in the Council Chamber located at 491 North M Street.
2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS
There were no public comments.
3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS
3.1 Conference with Labor Negotiators (Govt. Code § 54957.6) Agency Designated Representatives: City Manager Marc Mondell, City Attorney Mario U. Zamora, Human Resources Director Shonna Oneal
Employee Organization(s): California League of City Employees Association (CLOCEA); Tulare City Professional Fire Fighters Association Non-Management; Tulare City Professional Fire Fighters Association Management
Unrepresented Employee(s): Tulare Fire Battalion Chief Group; Department Head Group
Council recessed to closed session at 6:31 p.m.
4. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:01 p.m.
5. CLOSED SESSION REPORT
Assistant City Attorney Megan Crouch advised there was no reportable action.
Item #: 10.2
Consent
City Council Meeting Minutes Tuesday, April 1, 2025
City of Tulare Page 2 of 8
6. ADJOURNMENT
Mayor Sayre adjourned the special meeting at 7:01 p.m.
7. CALL TO ORDER
Vice Mayor Harrell called to order the regular meeting of the City Council at 7:01 p.m. in the Council Chamber located at 491 North M Street.
8. PLEDGE OF ALLEGIANCE AND INVOCATION
Jason Bender led the Pledge of Allegiance, and an invocation was given by Louis Sparks, Pastor of The River Church.
9. PROCLAMATIONS & RECOGNITIONS
9.1 Proclamation for National Library Week – April 6-12, 2025. Councilmember Sayre read and provided a proclamation to Library Manager Heidi Clark proclaiming April 6-12, 2025 as National Library Week in the City of Tulare.
10. PUBLIC COMMENT
Councilmember Sayre on behalf of Donnette Silva-Carter provided a reminder regarding the Cars on K event occurring on Saturday, April 5.
Ken Espinosa addressed the Council to inquire about the future of the Cyclum Next Gen Travel Center project due to what Mr. Espinosa described as the money and tax situation as well as current projects running over budget expressing concern with the $750,000 obligation from the City. Mr. Espinosa’s concerns were addressed by City Manager Marc Mondell.
Larry Mendez and family addressed the Council regarding another incident that occurred in the rear of their home at Cross Avenue and Brentwood Street. Mr. Mendez and family requested the City place a guardrail to protect their property.
11. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.
12. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.
13. CONSENT CALENDAR
Items 13.3, 13.6, 13.8, 13.11, 13.12, 13.13, 13.14, and 13.15 were removed from the Consent Calendar for separate discussion.
It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood absent) to approve the items on the Consent Calendar as presented except for items 13.3, 13.6, 13.8, 13.11, 13.12, 13.13, 13.14, and 13.15.
13.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
13.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of March 18, 2025 and March 21, 2025. [M. Hermann]
City Council Meeting Minutes Tuesday, April 1, 2025
City of Tulare Page 3 of 8
13.4 State Mandated Reporting.
Recommended Action: Approve a resolution acknowledging receipt of a report made by the Fire Department regarding the inspection of certain required occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code. [R. Leonardo]
13.5 Oak Creek Subdivision Phase 3 Notice of Completion.
Recommended Action: Accept the required public works improvements for Phase 3 of the Oak Creek subdivision located east of Mooney Boulevard and south of Seminole Avenue on the east side of Aberdeen Street as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]
13.7 Emergency Homeless Shelter Modular Buildings Notice of Completion.
Recommended Action: Accept as complete the contract with Pacific Mobile Structures, Inc., Chehalis, WA for work on Project FM0048 - Emergency Homeless Shelter; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [B. Cahill]
13.9 Microsoft Enterprise Agreement Contract Contingency Increase.
Recommended Action: Authorize an additional 10% contingency of $44,241.87 for the existing 3-year agreement with Dell Marketing LP licensing of Microsoft software and services under the Microsoft Enterprise License Agreement (ELA) running from July 1, 2024 to July 1st 2027 increasing the contract amount to $176,968 annually for a total 3- year contract not-to-exceed amount of $530,903. [J. Bowling]
13.10 Resolution with Tulare Police Management Group.
Recommended Action: Adopt a resolution approving clerical and conforming changes for Tulare Police Management Group (TPMG). [S. Oneal]
ITEM(S) PULLED FROM CONSENT CALENDAR
13.3 Acceptance of CalRecycle Rubberized Pavement Grant.
Recommended Action: Accept the 2024-2025 Rubberized Pavement Grant from CalRecycle in the amount of $64,073 and authorize the appropriation of $1,200,000 in Fund 643 fund balance to Project ST0006 – Annual Pavement Management to provide matching funds for a cape seal project. [T. Whitfield]
Council Action: Councilmember Mederos pulled this item for clarification. Public Works Director Trisha Whitfield responded thereto. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood absent) to approve the item as presented.
13.6 Fulton Estates Phase 1A Neighborhood Park Reimbursement.
Recommended Action: Approve the use of Quimby Act Park Fee’s to fund the construction of a neighborhood park at the Fulton Estates Subdivision located at the southwest corner of Tulare Avenue (a.k.a., State Route 137) and Oakmore Street. [M.
Miller]
Council Action: Councilmember Mederos pulled this item for clarification. City Engineer Michael Miller provided a response thereto. Councilmember Sigala inquired about what the park would be considered and if there is adequate space for the purpose. Community Development Director Mario Anaya advised the park would be a pocket park. Following discussion, it was moved by Councilmember Mederos, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood absent) to approve the item as presented.
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City of Tulare Page 4 of 8
13.8 PK0033 Zumwalt Park Renovation Contract Amendment.
Recommended Action: Authorize the City Manager or designee to sign a $95,250 contract amendment with 4Creeks of Visalia, CA, for additional construction management and inspection services related to CIP Project PK0033 – Zumwalt Park Renovation. [M.
Miller]
Council Action: Councilmember Sigala pulled this item to inquire about the delays in the construction of the project. City Manager Marc Mondell advised the biggest challenge has been getting the electrical switch gear which has been a problem nationwide. Mr. Mondell stated that the hope is the project is finished by the end of May. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and carried 4 to 0 (Mayor Isherwood absent) to approve the item as presented.
13.11 Capital Improvements Project Dashboard for April 2025.
Recommended Action: Accept the Capital Improvements Project Dashboard for April 2024. [M. Miller]
Council Action: Councilmember Sigala pulled this item to inquire on the status of the Prosperity and West Intersection Improvements Project. City Manager Marc Mondell and City Engineer Michael Miller updated the Council on the status of obtaining the right-ofway and overhang easement required for this project. Councilmember Mederos inquired whether there were any other foreseeable issues that may attribute to further delays. City Engineer Michael Miller advised there should be no other issues that will cause delays.
Councilmember Mederos inquired about the railroad crossing improvements project at J and Prosperity. City Engineer Michael Miller advised that the project will not be moving forward as Union Pacific Railroad advised the City that any modifications to the crossings would trigger further improvements that the City would be responsible for including replacing the crossing arms which blew the project scope out of the water and consequently meant the scope no longer matched the intended purpose of the grant. He further advised that a secondary grant was applied for to cover those additional costs, but the City was unsuccessful in securing that grant. Following discussion, it was moved by Councilmember Sigala, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood absent) to approve the item as presented.
13.12 Status Update on Historic Preservation & Demolition Permits Downtown.
Recommended Action: Receive a report providing update on historic preservation activities of the Historic Resources Ad-Hoc Committee. [M. Anaya] Council Action: Staff pulled this item for separate discussion. Community Development Director Mario Anaya provided a status update stating there have been no additional demolition permits issued for the downtown area since the temporary moratorium expired in December. Councilmember Sigala requested that an item be brought back on April 15 for Council to discuss and consider continuing a moratorium through at least July 1. It was the consensus of Council to direct staff to agendize an item on April 15 to discuss and consider a continued moratorium.
13.13 Inyo Avenue and O Street All-way Stop Study.
Recommended Action: Receive update regarding status of Council request for consideration of an all-way stop installation at the intersection of Inyo Avenue and O Street. [M. Miller]
Council Action: Staff pulled this item for separate discussion. Vice Mayor Harrell provided information regarding the reason behind his request to turn the intersection of Inyo Avenue and O Street into an all-way stop, stating that the closure of Kern Avenue in front of Tulare Union High School as the cause of increased traffic at this intersection. City Manager Marc Mondell advised that staff has ordered a study and will bring that information back to Council for further review and consideration. There was no action taken on this item.
City Council Meeting Minutes Tuesday, April 1, 2025
City of Tulare Page 5 of 8
13.14 Changing SR137 Route through Downtown Tulare.
Recommended Action: Receive update regarding status of Vice Mayor Harrell’s request to investigate the potential re-routing of State Route 137 through portions of Downtown Tulare. [M. Miller]
Council Action: Staff pulled this item for separate discussion. Vice Mayor Harrell provided information regarding the reason behind his request to re-route State Route 137 away from the park. Councilmember Mederos stated that he thinks it’s a great idea but is concerned about unintended consequences. There was no action taken on this item.
13.15 Support for a Roundabout at the Intersection of Cartmill Avenue and West Street.
Recommended Action: Receive update regarding status of Councilmember Mederos’ request to initiate a collaborative process with the County of Tulare and the Tulare County Association of Governments to utilize Measure R funding to install a roundabout at the intersection of Cartmill Avenue and West Street. [M. Miller] Council Action: Staff pulled this item for separate discussion. Councilmember Mederos inquired about the status on proceeding with this project and who the lead agency would be. City Engineer Michael Miller provided a response thereto stating it would be appropriate for the City to provide a letter to the County stating the City’s intent to work with them collaboratively to see that intersection improvements are done and provide input regarding a roundabout being a good option. It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to direct a letter be drafted and provided to the County as stated by City Engineer Michael Miller.
14. PUBLIC HEARING
14.1 FNC Farming Annexation and Subdivision Project.
Recommended Action: Adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2024-01 (East Tulare No. 38 – FNC Farming) and detachment of the property from County Service Area No. 1 and the Tulare Irrigation District; adopt a resolution approving General Plan Amendment No. 2024- 02 to change the existing land use designation from Residential Estate and Rural Residential to Low Density Residential and rural Residential; pass to print an ordinance approving Zone Amendment No. 754, pre-zoning the subject property to the R-1-5 (Singlefamily Residential, 5,000 sq. ft. minimum lot area) and Rural Residential zoning designations; and adopt a resolution certifying the Final Environmental Impact Report with appropriate Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program prepared for the FNC Farming Annexation and Subdivision Project.
Presented By: Principal Planner Steven Sopp
Public Comment: The public hearing was opened at 8:18 p.m. Allison Schott addressed the Council in regard to a turn pocket on Prosperity Avenue expressing concern for residents to the north of the development being able to access their driveways going eastbound on Prosperity. Ms. Schott also inquired about where the mailboxes would be moved. City Engineer Michael Miller provided a response thereto stating that there is a raised median that will open to Lois Lane and mailbox locations would be determined by the Postmaster, not the City. The public hearing was closed at 8:27 p.m.
Council Action: Councilmember Sigala inquired about the park space designated for the development and whether there would be play equipment there or just grass. Community Development Director Mario Anaya advised that Parks staff reviews the park plans to ensure they meet the City standards. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood absent) to approve the item as presented.
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City of Tulare Page 6 of 8
14.2 Housing Element and General Plan Annual Progress Reports.
Recommended Action: Receive and accept the City of Tulare Housing Element and General Plan Annual Progress Reports for the 2024 calendar year and authorize staff to submit to the Governor’s Office of Planning and Research and Department of Housing and Community Development.
Presented By: Principal Planner Steven Sopp
Public Comment: The public hearing was opened at 8:39 p.m. Receiving no public comment, the public hearing was closed at 8:39 p.m.
Council Action: Councilmember Sigala inquired what the City can do to help raise the Regional Housing Needs Assessment (RHNA) numbers. City Manager Marc Mondell provided a response thereto stating that cities all over the state are experiencing similar challenges due to various reasons and stated that the City is currently working on a number of projects to assist in this effort. It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood absent) to approve the item as presented.
14.3 Farmland Mitigation Ordinance Revisions.
Recommended Action: Adopt Zone Amendment No. 757 approving revisions to the City of Tulare’s Farmland Mitigation Ordinance (Chapter 10.222 of the City of Tulare Municipal Code).
Presented By: Community Development Director Mario Anaya Public Comment: The public hearing was opened at 8:54 p.m. Melody Haigan of Lennar Homes addressed the Council to express support for the proposed ordinance. Darlene Mata addressed the Council to express support for the proposed ordinance. The public hearing was closed at 8:56 p.m.
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and carried 4 to 0 (Mayor Isherwood absent) to approve the item as presented.
15. GENERAL BUSINESS
15.1 Fulton Estates Caltrans Improvements.
Recommended Action: Consider request by Developer of the Fulton Estates Subdivision for City assistance with required improvements to the intersection of State Route 137 (Tulare Avenue) and Oakmore Street.
Presented By: City Engineer Michael Miller
Public Comment: Greg Nunley addressed the Council to propose allowing Bonadelle Neighborhoods to complete frontage improvements on Tulare Avenue and Oakmore and release Bonadelle Neighborhoods to finish their 86 lots which would benefit the City in getting the full improvements on their frontage. Mr. Nunley stated he would take the full burden on the commercial property he owns at the corner and would continue with the study as required by Caltrans and the City could leverage his commercial corner to hold him to paying for the study and his fair share of improvements. Councilmember Mederos inquired what the normal conditions would be which was responded to by City Engineer Michael Miller advising that the City can require improvements and bonding when a project moves forward on that commercial property. Mr. Miller also advised the City has a traffic study that indicates there is a deficiency at that intersection and there is liability and risk to the City if Council took action that would allow new trips at that deficient intersection without any mitigation. Councilmember Mederos expressed concern that the commercial property would sit vacant for an extended period of time and doesn’t want the City to be responsible for something that should be handled as part of the development. City Manager Marc Mondell advised he does not see a risk to the City with what Mr. Nunley is suggesting. Mr. Nunley stated he would agree to let John Bonadelle do his improvement drawings and he will do his improvement drawings in tandem for just the frontage improvements for his corner and if after the study comes back and states they were wrong, City Council Meeting Minutes Tuesday, April 1, 2025
City of Tulare Page 7 of 8
he would sign a development agreement holding him to redo the improvements as presented in the study. John Bonadelle of Bonadelle Neighborhoods addressed the Council advising that what Mr. Nunley is suggesting is a good solution to allow them to move forward with the second phase of their residential project. Darlene Mata addressed the Council to clarify that the ISOAP study would not be able to be performed right away which is causing the delay for Mr. Bonadelle. City Engineer Michael Miller advised the Caltrans was willing to take the City at its word that the intent is to move forward with the realignment and the City would be willing to provide a letter stating as such.
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and carried 4 to 0 (Mayor Isherwood absent) to direct the City Engineer to send a letter to Caltrans regarding the realignment, and direct the City Engineer and legal counsel to draft a development agreement in conjunction with Mr. Bonadelle and Mr. Nunley so that the City can be in a position to adequately secure a performance deed of trust of the development agreement utilizing Mr. Nunley’s property as collateral.
15.2 Food Giveaway Events Downtown.
Recommended Action: Provide direction to staff regarding policy and procedures regarding food giveaway events in Downtown Tulare.
Presented By: Community Development Director Mario Anaya Public Comment: John Harman of the Tulare Downtown Association addressed the Council with concerns over entities holding food giveaway events in the downtown area affecting the surrounding businesses.
Council Action: Questions posed by Council were responded to by staff. It was the consensus of Council to direct staff to work with Mr. Harman on determining an appropriate resolution for the issue and return to Council with a recommendation.
15.3 Mid-Year Budget Review and Approval of Supplemental Appropriation Requests.
Recommended Action: Adopt a resolution approving adjustments to the City of Tulare Fiscal Year 2025 budget.
Presented By: Chief Financial Officer Mark Roberts; Finance Budget Manager Jacob Del Cid
Public Comment: There were no public comments.
Council Action: Following the presentation of the City’s mid-year budget, it was the consensus of Council to table the remainder of the presentation to the April 15 meeting regarding supplemental appropriation requests.
16. FUTURE AGENDA ITEMS - NONE SUBMITTED
17. STAFF UPDATES
Staff provided updates on department activities.
18. ADJOURNMENT
Seeing no further business to discuss, Vice Mayor Harrell adjourned the regular meeting at 10:44 p.m.
City Council Meeting Minutes Tuesday, April 1, 2025
City of Tulare Page 8 of 8
These meeting minutes were approved by the Council on April 15, 2025.
Patrick Isherwood, 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: April 15, 2025
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Second Reading & Adoption of Ordinance 2025-03
RECOMMENDED ACTION
Adopt Ordinance 2025-03 approving Zone Amendment No. 754, pre-zoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and Rural Residential zoning designations.
SUMMARY
On April 1, 2025, the City Council approved a request by San Joaquin Valley Homes to annex into the ity limits and subdivide approximately 140.32-acres into a 556-lot single-family residential subdivision with an approximately 5.47-acre remainder parcel to be zoned Rural Residential. The subject parcel is currently outside of the City limits and is currently subject to the County’s zoning designation. The applicant is proposing to pre-zone approximately 134.85-acres of the subject property to the R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum lot area) and 5.47-acres to the Rural Residential zoning designations to become effective upon annexation into the City limits.
The proposed project is located on the southeast corner of Prosperity Avenue and Morrison Street. Entry access to the development will be established through two new points of access on Morrison Street as well as from two new points of access on Prosperity Avenue.
Zone Amendment
The subject property is currently subject to the zoning designation established by the County of Tulare.
Upon annexation, the project proponents are proposing to establish the underlying zoning designations as R-1-5 (Single-Family Residential, 5,000 sq. ft. minimum lot area) and rural Residential.
The City recently adopted a Comprehensive Zoning Ordinance Update. As part of that update the R-1-5 zone was eliminated and all parcels within the city that were zoned R-1-5 will be changed to R-1-4 (SingleFamily Residential, 4,000 sq. ft. minimum lot area). The applicant submitted the requested zone amendment application several months prior to the adoption of the Comprehensive Update. As such, the development is proposed to be built to the 5,000 sq. ft. minimum standard but if adopted the City’s Zoning Map will reflect R-1-4 zoning for the area upon annexation of the area into the City limits.
The proposed zoning designations are consistent with the existing/proposed Low Density Residential and Rural Residential general plan land use designations.
The City Council passed to print the ordinance at the April 1 Council meeting. The ordinance is being presented for second reading and adoption.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
Item #: 10.3
Consent
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Ordinance 2025-03
Reviewed/Approved:
ORDINANCE 2025-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.06.040 OF SAID CODE ZONE AMENDMENT NO. 754
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.06.010 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that a Environmental Impact Report has been prepared in accordance with the California Environmental Quality Act; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.06.040; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:
PRE-ZONING approximately 140.32-acres of property to the following zoning designations R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area) and Rural Residential zone districts to become effective upon annexation into the City limits and is generally located on the southeast corner of Prosperity Avenue and Morrison Street as set forth more specifically on said map.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
/////
ORDINANCE 2025-03
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of April 2025.
Patrick Isherwood, 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: April 15, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Second Reading and Adoption of Ordinance 2025-04
RECOMMENDED ACTION
Adopt Ordinance 2025-04 approving Zone Amendment No. 757, revising the City of Tulare’s Farmland Mitigation Ordinance (Chapter 10.222 of the City of Tulare Municipal Code).
SUMMARY
In 2020, the City of Tulare adopted a farmland mitigation ordinance that requires mitigation when agricultural land outside the city limits and within the Tulare Urban Development Boundary is converted to non-agricultural use. The City’s current farmland mitigation ordinance provides that payment of an inlieu fee is allowed as an alternative to the acquisition of mitigation land for conversion of parcels smaller than 20 acres, when direct acquisition of mitigation land is not feasible.
Since the farmland mitigation ordinance was adopted in 2020, the City has found that some applicants seeking approval to convert and develop ag land for urban uses have claimed to have difficulty finding landowners willing to sell conservation easements on land that meets the requirements of the ordinance, or face some uncertainties related to cost and time required to record the required conservation easements. For that reason, the proposed revisions to the city’s farmland mitigation ordinance, aim to provide more clarity and flexibility for applicants, while still complying with legal requirements requiring farmland mitigation and addressing conservation goals in the city’s general plan.
Finally, revisions are proposed that would enable the City of Tulare to place conservation easements on city-owned land that is leased for farming and is not needed for other future needs. The proposed amendments to Chapter 10.222 of the City of Tulare Municipal Code would accomplish this, in addition to revisions to improve clarity and implementation of the ordinance.
The City Council passed to print the ordinance at the April 1 Council meeting. The ordinance is being presented for second reading and adoption.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The proposed ordinance revisions have been reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Approval with Changes
2. Deny
3. Table
If the ordinance is denied or tabled, it will delay the City’s ability to address the concerns raised by some applicants, and as directed by the City Manager, to make modifications to this Municipal Code chapter that would increase flexibility for applicants while still allowing the City to comply with farmland conservation goals and farmland conversion mitigation requirements.
Item #: 10.4
Consent
ATTACHMENTS
1. Ordinance 2025-04
Reviewed/Approved:
ORDINANCE 2025-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REENACTING CHAPTER 10.222 (FARMLAND MITIGATION) OF THE
TULARE MUNICIPAL CODE
WHEREAS, the City Council of the City of Tulare, at a regular meeting held February 4, 2025, considered a request to revise Zoning Ordinance Section 10.222; and WHEREAS, the City Council of the City of Tulare determined that the proposed amendment is in the public interest; and
WHEREAS, the City Council of the City of Tulare determined that the proposed amendments are consistent and compatible with the general plan and implementation programs which may be affected; and
WHEREAS, the City Council of the City of Tulare determined that the proposed request will not be detrimental to the public health, safety, and welfare or be materially injurious to properties or improvements in the vicinity; and
WHEREAS, at a duly noticed public hearing on January 13, 2025, the Planning Commission of the City of Tulare reviewed and recommended that the City Council adopt Zone Amendment No. 757 approving revisions to the City of Tulare’s Farmland Mitigation Ordinance (Chapter 10.222 of the City of Tulare Municipal Code); and WHEREAS, the proposed Zone Amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Sections 15061(b)(3) - Common Sense Exemption.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Tulare as follows:
SECTION 1. Chapter 10.222 of the Tulare Municipal Code is hereby repealed and reenacted and shall read as follows:
Chapter 10.222
Farmland Mitigation
Section
10.222.010 Title.
10.222.020 Purpose and intent.
10.222.030 Objectives.
10.222.040 Definitions.
10.222.050 Mitigation obligation.
10.222.060 Optional mitigation alternatives.
10.222.070 Requirements for mitigation land and agricultural conservation easements.
10.222.080 Requirements for Qualified Entities.
10.222.090 Approval and completion.
10.222.100 Right to appeal.
10.222.110 Miscellaneous.
ORDINANCE 2025-04
10.222.010 Title.
This chapter may be cited as the “Farmland Mitigation Ordinance” of the City of Tulare.
10.222.020 Purpose and intent.
The purpose of this chapter is to set forth the specific criteria and guidelines, consistent with the City of Tulare (Tulare) General Plan policies for the mitigation of agricultural land converted to non agricultural uses, within the city's urban development boundary (UDB) and outside the city limits. The intent of this chapter is to protect the City of Tulare's agricultural lands from conversion to non agricultural uses.
10.222.030 Objectives.
The objectives of this chapter are as follows:
(A) Protect agriculture as a crucial component of Tulare's economy and cultural heritage; (B) Protect and preserve agricultural lands from the effects of urban encroachment; (C) Balance the need for agricultural land conservation with other public goals in Tulare, including the need for housing, commercial, industrial, and infrastructure development; and
(D) Foster coordination and cooperation by the City of Tulare with the County of Tulare, Local Agency Formation Commission, and neighboring cities, including the City of Visalia, to facilitate an integrated and comprehensive regional approach to agricultural land conservation.
10.222.040 Definitions.
Except where the context of this chapter otherwise expressly requires, the following definitions shall govern the construction of this chapter. Furthermore, the definition of a word or phrase applies to any of that word's or phrase's variants. For the purpose of this chapter, the following definitions shall apply.
ADJUSTMENT FOR INFLATION. For costs other than the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustments to reflect increases in the Consumer Price Index applicable to Tulare. For the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustment to reflect increases in the House Price Index applicable to Tulare, as compiled by the Office of Federal Housing Enterprise Oversight.
ADMINISTRATIVE FEE. That amount paid to a Qualified Entity as an administrative fee sufficient to satisfy the requirements as set forth in § 10.222.050(C) of this chapter.
AGRICULTURAL CONSERVATION EASEMENT. A perpetual easement or servitude, comparable to a conservation easement, as provided for in §§ 815 to 816 of the Cal. Civil Code, or an open space easement, provided for in §§ 51070 to 51097 of the Cal. Gov't Code, limiting the use of the encumbered land to agricultural and accessory uses, which easement or servitude is used to satisfy the mitigation obligation imposed by this chapter.
AGRICULTURAL DESIGNATION. Land that is within the City of Tulare or within the City of Tulare's Urban Development Boundary and is labeled as Open Space/Agriculture per the latest City of Tulare General Plan Land Use Map, or land within the County of Tulare designated for agricultural use in the latest Tulare County General Plan Land Use Map.
ORDINANCE 2025-04
AGRICULTURAL LAND. Land, residing within the UDB of the City of Tulare, but outside the city's incorporated limits, which is either currently in agricultural use or substantially undeveloped and capable of agricultural use.
AGRICULTURAL LAND APPRAISAL. The evaluation of rural Agricultural Land obtained from a licensed appraiser with substantial experience in Agricultural Land Appraisals.
AGRICULTURAL USE. Use of land to produce food, fiber, or livestock for commercial purposes.
AGRICULTURAL ZONE. Land that is within the City of Tulare and is labeled as Open Space/Agriculture per the latest City of Tulare Zoning Map, or land within the County of Tulare zoned for agricultural use in the latest Tulare County Zoning Map.
APPLICANT. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, or organization seeking approval or authorization from the City of Tulare on an application or permit for property which is outside the Tulare city limits at the time the ordinance codified in this chapter becomes effective.
CHAPTER. Chapter includes all sections and provision within this Farmland Mitigation Ordinance.
CITY. The City of Tulare, State of California.
CITY COUNCIL. The City Council of the City of Tulare.
CONVERSION. Those conversions of land requiring mitigation as identified in § 10.222.040 of this chapter. To develop land through construction or improvement of land associated with approval of a project such that land may be converted back to agricultural use.
CONVERTED LAND. The area of land that would be converted as a result of a project approval as set forth in this Ordinance.
CRITICAL FARMLAND. Land designated "Prime," "Farmland of Statewide Importance," "Unique Farmland," or "Grazing Land" by the California Department of Conservation as shown on their latest Important Farmland Map.
EASEMENT VALUE. The fair market value of the agricultural conservation easement equal to (1) the fair market value of the mitigation land unencumbered by the easement less (2) the fair market value of the mitigation land as encumbered by the easement, each as determined on or about the date of acquisition by an appraisal report prepared by a licensed appraiser with experience in agricultural land appraisals.
EASEMENT VALUE OF CITY PROPERTY. The Easement Value as defined herein obtained on or about the date of acquisition utilizing an Agricultural Land Appraisal or an Updated City Appraisal.
ENDOWMENT COST. An amount sufficient to endow the cost of monitoring, administering and enforcing the agricultural conservation easement in perpetuity.
FALLOW. Removal of land from agricultural production regardless of whether the fallowing or removal from agricultural production is temporary or long term or fallowed under a voluntary ORDINANCE 2025-04
removal program.
LEGAL PARCEL. A parcel of land lawfully subdivided in accordance with the Subdivision Map Act, whether or not a Certificate of Compliance has been issued for the parcel. The existence of a distinct Assessor's Parcel Number for a parcel does not, by itself, demonstrate that it is a legal parcel.
LEGISLATIVE BODY. A jurisdiction's decision-making body.
MITIGATION CREDIT. The difference between the larger area of land proposed for conversion to an agricultural conservation easement and a smaller area required for mitigation as set forth in § 10.222.050 of this chapter.
MITIGATION LAND. Land encumbered by an agricultural conservation easement or under an alternative mitigation option approved by the Community Development Director or designee pursuant to § 10.222.060 of this chapter to satisfy the mitigation obligation imposed by this chapter.
QUALIFIED ENTITY. An entity qualified and approved to hold agricultural conservation easements in compliance with § 10.222.080 of this chapter.
SMALL PROJECT. A development project that is less than twenty acres in size. A small project does not include one phase or portion of a larger project greater than twenty acres that is subject to a master, specific or overall development plan.
SOUTHERN SAN JOAQUIN VALLEY. That area located in Fresno, Kern, Kings, Madera and Tulare Counties.
UPDATED CITY APPRAISAL. An update of an Agricultural Land Appraisal commissioned by the City establishing Easement Value which is obtained within five (5) years of the original Easement Value Appraisal.
10.222.050 Mitigation obligation.
This chapter and the following mitigation obligations shall apply to the conversion to a nonagricultural use of one or more acres of Critical Farmland, as defined in this chapter, regardless of the General Plan land use designation or zoning applicable to the land. (A) As mitigation for the conversion of Critical Farmland, the applicant shall arrange for the imposition of an agricultural conservation easement on no less than one acre of mitigation land for each acre of land proposed for conversion. The applicant shall convey, or arrange for the conveyance of, such agricultural conservation easement to a qualified entity. The mitigation land shall be comparable to the land proposed for conversion, as provided in § 10.222.070 of this chapter. (B) For the purposes of calculating the mitigation obligation under § 10.222.050(A), the area requiring mitigation shall be the full area of the legal parcel affected by conversion and not merely any lesser portion of the parcel that may be sought to be developed or converted to another use at the time conversion is proposed. (C) The applicant shall pay to the qualified entity an administrative fee sufficient to compensate for all administrative costs reasonably necessary for the qualified entity to ORDINANCE 2025-04
acquire and hold the agricultural conservation easement and implement this chapter, including all of the following:
(1) Establishment of an endowment to provide for monitoring, administration, enforcement, and all other services necessary to ensure that the conservation purposes of the agricultural conservation easement are maintained in perpetuity; and
(2) The qualified entity's administrative costs in evaluating the mitigation land and reviewing and accepting the agricultural conservation easement. (D) It is the applicant's responsibility to identify, propose for approval mitigation land, and arrange for imposition of an agricultural conservation easement that satisfies the requirements in § 10.222.070 of this chapter.
(E) Nothing in this chapter shall be construed to compel an applicant for conversion to convey to the City of Tulare or to a qualified entity an agricultural conservation easement in property owned by the applicant.
(F) The mitigation obligation set forth in this chapter shall not apply to a legal parcel that is less than one acre in area. However, this exemption shall not apply to a parcel that is one phase or portion of a larger project. The City of Tulare may disallow the use of this exemption if it finds that the subject property has been subdivided into one-acre or smaller parcels in whole or in part to avoid the mitigation obligation. (G) The following public uses are exempt from the mitigation obligation imposed by this chapter: public parks or public recreational facilities, permanent natural open space, and trails and developed open space that are open to the public. (H) Projects designed solely to preserve, create, or enhance wildlife habitat on agricultural land shall be exempt from the mitigation obligation in this chapter. (I) At its sole option, an applicant may choose to arrange for the imposition of an agricultural conservation easement on a larger area of land than the area of land proposed for conversion and thereby generate a mitigation credit equal to the excess net acreage encumbered with the easement.
(J) Any excess area encumbered with the agricultural conservation easement shall fully comply with all requirements of this chapter and shall be comparable to the land proposed for conversion to the same degree as the portion of the land offered to satisfy the mitigation obligation in this chapter, including, but not limited to, the requirements for mitigation land in § 10.222.070 and the review and approval process in § 10.222.090. (K) The administrative fee paid by an applicant choosing to create mitigation credits shall include the acreage covered by the mitigation credits. The applicant may pass that fee through to a later purchaser of the credits.
(L) Mitigation credits created under this chapter may be conveyed and used as provided in § 10.222.060.
(M) The Qualified Entity shall maintain a ledger indicating:
(1) The amount of mitigation credits created under this section; (2) The holder of those mitigation credits;
ORDINANCE 2025-04
(3) The administrative fees paid by the creator of the mitigation credits attributable to the mitigation land covered by the mitigation credits; and (4) Any subsequent transactions involving those credits. (N) Exemptions. The following land uses are exempt from the mitigation requirements of this article:
(1) The following projects: permanently affordable housing, public schools, community farms & gardens, land conserved in a natural state and habitat for native plants or wildlife, and public trails or parks.
10.222.060 Optional mitigation alternatives.
As an alternative to providing the mitigation required by this chapter, the applicant may choose to seek approval to implement one of the following alternative mitigation options. (A) As authorized by the City of Tulare, an applicant for conversion of Critical Farmland may satisfy the mitigation obligation set forth in this chapter by paying to a qualified entity a fee in lieu ("in-lieu fee") of conveying an agricultural conservation easement. (B) Payment of an in-lieu fee is available only for conversion of legal parcels that are smaller than 20 acres.
(C) Any in-lieu fee shall include each of the following components:
(1) The purchase price of an agricultural conservation easement in mitigation land that complies with all of the requirements in § 10.222.070. This component shall be adjusted for inflation based on an estimate of the time required to acquire mitigation land following payment of the fee or the Easement Value set by the City of Tulare for property owned by the City in which an Agricultural Conservation Easement is granted as defined in § 10.222.040 of this chapter. (2) All transaction costs associated with acquisition of the agricultural conservation easement.
(3) An amount equal to the Endowment Cost of monitoring, administering, and enforcing the agricultural conservation easement in perpetuity as defined in §
10.222.040 of this chapter.
(4) The applicant's pro rata share of the qualified entity's administrative costs in implementing the in-lieu fee program.
(5) A reasonable amount to cover additional contingencies. (D) In no event shall the in-lieu fee established pursuant to this section exceed a reasonable estimate of the total of:
(1) The cost of acquiring and managing the agricultural conservation easement that the applicant would otherwise be required to create to satisfy its mitigation obligation under this chapter; and
(2) The cost of administering the in-lieu fee.
(E) In-lieu fees received by the qualified entity shall be expended solely for the purpose of acquiring and managing agricultural conservation easements in mitigation land that meets the criteria set forth in § 10.222.070 and funding the qualified entity's cost of implementing the in-lieu fee program.
(F) If authorized by the City of Tulare, an applicant for conversion of Critical Farmland may satisfy the mitigation obligation set forth in this chapter by acquiring mitigation credits ORDINANCE 2025-04
created under§ 10.222.050(1), (J) and (K), which are permitted to be passed through to another purchaser.
(G) The city, in conjunction with a qualified entity, shall make available to any applicant who requests it, the ledger of mitigation credits provided for in § 10.222.050(M). The City of Tulare shall have no further responsibility for facilitating any private transaction involving mitigation credits.
(H) Mitigation credits may be used to satisfy the mitigation obligation created by this chapter only after the Community Development Director or designee has made the findings required by § 10.222.070 with respect to the land proposed for conversion and the mitigation land covered by the mitigation credits.
(I) An applicant choosing to use mitigation credits to comply with this chapter shall pay the qualified entity administering the credits a fee in the amount equivalent to the inflation adjustment on the administrative fee that the creator of the mitigation credits originally paid pursuant to § 10.222.050(K), if in fact the creator of the mitigation credits passed through the administrative fee for the creation of the credits to a future purchaser of those credits.
(J) An applicant proposing conversion of Critical Farmland may propose an alternative method of mitigation for review and approval by the Community Development Director or designee subject to satisfying all of the following criteria:
(1) The proposed mitigation must result in permanent protection of mitigation land; (2) The applicant must bear all costs of reviewing, approving, managing, and enforcing the mitigation;
(3) The proposed mitigation must be in substantial compliance with the requirements for mitigation land and agricultural conservation easements set forth in §
10.222.070; and
(4) The proposed mitigation must be in all respects at least as protective of agricultural land as the mitigation required by this chapter. (K) The mitigation obligation imposed by this chapter is that set forth in § 10.222.050. Each alternative mitigation option in this section (§ 10.222.060) is wholly optional and made available solely for the applicant's convenience. Under no circumstances shall the City of Tulare require any applicant to implement any such alternative mitigation option, if applicant is willing to implement the mitigation obligations imposed in § 10.222.050.
10.222.070 Requirements for mitigation land and agricultural conservation easements. (A) Agricultural conservation easements in mitigation land shall be held in perpetuity by a qualified entity as defined in § 10.222.080.
(B) Mitigation land shall be comparable in nature to the agricultural land proposed for conversion. A mitigation land is deemed comparable in nature if it complies with the below requirement under§ 10.222.070(C).
(C) The Community Development Director or designee shall not approve proposed mitigation for conversion of Critical Farmland unless it finds that the mitigation land complies with each of the following requirements:
(1) The mitigation land is located in the Southern San Joaquin Valley as defined herein, outside of any city's limits or sphere of influence, with preference given ORDINANCE 2025-04
to mitigation land within ten miles of the City of Tulare limits. (2) The mitigation land is subject to an agricultural designation in the General Plan and zoned for agricultural use. Any legal nonconforming use of the mitigation land has been or will be abandoned prior to execution of the agricultural conservation easement, or if maintained, will not interfere with agricultural use of the mitigation land.
(3) The mitigation land consists of one or more legal parcels of at least ten net acres in size, exclusive of the area occupied by any existing home and the area of any road or right-of-way easement, unless the land proposed for conversion is smaller than ten acres.
(4) The soil quality of the mitigation land has the agricultural productive capacity at least equal to that of the Critical Farmland proposed for conversion. (5) The available water supply for the mitigation land is at least equal to that of the land proposed for conversion in terms of quantity, quality, and security. (6) The mitigation land is not already subject to an encumbrance or interest that would legally or practicably prevent converting the land, in whole or in part, to a nonagricultural use, such as a conservation easement, open space easement, flowage easement, avigation easement, long term agricultural lease, profit, or an interest in the subsurface estate that would preclude development of the surface estate. A contract entered pursuant to the Land Conservation Act, Cal. Gov't Code § 51200 et seq. (Williamson Act) shall not constitute an encumbrance for purposes of this section. However, this is not to prevent the stacking of an agricultural conservation easement, with other encumbrances, easements, or interests in the property, so long as the multiple encumbrances do not contradict or prevent the effectiveness of each independent encumbrance for which the land is conserved in perpetuity.
(7) There are no physical conditions or contamination on the mitigation land that would legally or practicably prevent converting the land, in whole or in part, to a nonagricultural use.
(8) The mitigation land has no existing home, unless the land proposed for conversion includes an existing home.
(9) The mitigation land is not owned by any public agency. (D) The Community Development Director or designee shall not approve proposed mitigation land unless it finds that the agricultural conservation easement complies with each of the following requirements:
(1) The type of agricultural related activity allowed on the mitigation land is specified in the easement and is at least as restrictive as the requirements of the City of Tulare's Open Space/Agriculture (A) Zoning District.
(2) The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the mitigation land or that are otherwise inconsistent with the conservation purposes of this chapter. (3) The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the mitigation land. (4) The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home allowed by §
10.222.070(C)(10).
ORDINANCE 2025-04
(5) The easement provides that the mitigation land will retain water rights at least equal to that of the land proposed for conversion in terms of quantity, quality, and security.
(6) The agricultural conservation easement will be either obtained from a willing seller, voluntarily conveyed by the applicant, or conveyed by a public entity. (7) Any deed of trust or other servitude or encumbrance on the mitigation land shall be subordinated to the agricultural conservation easement except as set forth in § 10.222.070(C)(6).
(8) The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the mitigation land.
(9) The agricultural conservation easement is in recordable form and contains an accurate legal description of the mitigation land.
(10) The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement. (11) The agricultural conservation easement recites that it is intended to satisfy the mitigation obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.
(12) If the agricultural conservation easement is an instrument other than a conservation easement created under §§ 815 to 816 of the Cal. Civil Code or an open space easement created under §§ 51070 to 51097 of the Cal. Gov't Code, both the qualified entity and the City of Tulare have certified that the easement will run with the land and bind successor owners of the mitigation land in perpetuity.
(13) The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.
(14) The agricultural conservation easement has been approved as to form by the City of Tulare.
(E) Division (D) does not prevent inclusion in an agricultural conservation easement of requirements that are more protective of agricultural use than the requirements set forth in that division.
(F) Before approving any alternative mitigation option, the Community Development Director or designee shall determine that such option is consistent with the requirements in § 10.222.070(C) and § 10.222.070(D).
(G) After the Community Development Director or designee has approved an agricultural conservation easement, the easement shall not be amended without further approval by the City Council, approval as to form by the City Attorney, and compliance with any approval requirements imposed by the Attorney General of the State of California for the amendment.
(H) If a court issues a judgement declaring that the purposes of this chapter and of an agricultural conservation easement can no longer be fulfilled by enforcement of that easement, the qualified entity holding that easement may extinguish the easement by selling it to the fee owner of the mitigation land, if the following requirements are met:
(1) Either the action was contested and the judgement was not entered pursuant to stipulation, or the City of Tulare was a party to the action and stipulated to the judgement; and
ORDINANCE 2025-04
(2) The qualified entity shall use the proceeds of sale to acquire an agricultural conservation easement in other mitigation land in compliance with this chapter. (I) In the event the agricultural conservation easement is conveyed by the City of Tulare on its real property as mitigation land, it shall do so subject to the payment by the applicant of the following components:
(1) Unless otherwise authorized by the City Councill, the Easement Value to be paid for by the applicant for the Mitigation Land shall be as defined above as determined by the City as confirmed pursuant to an Agricultural Land Appraisal or Updated City Appraisal prepared by a licensed appraiser with substantial experience in Agricultural Land Appraisals;
(2) All transaction costs associated with acquisition of the agricultural conservation easement;
(3) As determined by the City of Tulare, an amount sufficient to endow the cost of monitoring, administering and enforcing the agricultural conservation easement in perpetuity;
(4) As determined by the City, the applicant’s pro rata share of the qualified entities administrative costs in implementing the program; and
(5) As determined by the City, a reasonable amount to cover additional contingencies
(J) In no event shall the Easement Value as defined herein on Mitigation Land conveyed by the City of Tulare for an agricultural conservation easement be for a value that is less than twenty percent (20%) of the appraised value of the Mitigation Land unencumbered by said agricultural conservation easement. This minimum amount shall be known as the Minimum City Easement Value.
(1) As it determines what is in the best interest of the City, the City Council reserves the power to amend, modify or waive the Minimum City Easement Value for economic development incentive purposes in the City of Tulare. (K) Prior to conveyance by the City of Tulare of an agricultural conservation easement on its real property as Mitigation Land, the Community Development Director or designee shall approve the various components described in § 10.222.070(I).
10.222.080 Requirements for Qualified Entities.
(A) To be considered a qualified entity, an entity must be a nonprofit public benefit corporation, operating within the state of California, the state or any city, county, city and county, district, or other state or local governmental entity, if otherwise authorized to acquire and hold title to real property and if the conservation easement is voluntarily conveyed, a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed, and that is qualified to hold conservation easements under § 815.3 of the Cal. Civil Code and in compliance with the requirements of§ 65965 et seq. of the Cal. Gov't Code, and be approved by the City Council for the purpose of holding and managing agricultural conservation easements. (B) In considering whether to approve an entity as a qualified entity, the Community Development Director or designee shall consider the following criteria:
(1) Whether the entity's principal purpose includes holding and administering ORDINANCE 2025-04
easements for the purposes of conserving and maintaining lands in agricultural production;
(2) Whether the entity has an established record of holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;
(3) The extent and duration of the entity's involvement in agricultural land conservation within the San Joaquin Valley, specifically Tulare County; (4) Whether the entity has been accredited by the Land Trust Accreditation Commission;
(5) Whether the entity is a member in good standing of an established and widely recognized California statewide association of land trusts; and (6) Any other information or requirements the city finds relevant under given circumstances.
(C) No qualified entity shall sell, lease, hypothecate, or encumber any interest in any mitigation land without the prior approval of the Community Development Director or designee.
(D) A qualified entity shall use fees provided by an applicant solely for purposes of acquiring, administering, monitoring, and enforcing agricultural conservation easements acquired pursuant to this chapter.
(E) If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity. (F) The qualified entity shall monitor the use of all mitigation land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.
(G) On or before February 15 of each year after a qualified entity is approved by the Community Development Director, the entity shall provide to the City of Tulare Planning Division an annual report for a period of time equal to the previous calendar year describing the activities undertaken by the entity under this chapter. That report shall describe the status of the mitigation land and/or agricultural conservation easements held by the entity, including a summary of all action taken to enforce its agricultural conservation easements, and an accounting of the use of administrative and in-lieu fees remitted to it by applicants.
(H) In March of each year at a general meeting of the City of Tulare, and after receipt of all reports from the qualified entities, the Community Development Director or designee shall provide the City Council with an informational report regarding all farmland mitigation activity pursuant to this Chapter.
10.222.090 Approval and completion.
(A) All mitigation proposed by an applicant to comply with this chapter, including any alternative mitigation option proposed by the applicant, shall be reviewed by the Planning Commission for consistency with the terms and purposes of this chapter. The Planning Commission shall recommend approval, conditional approval, or disapproval to the City Council. The Planning Commission shall not recommend approval of the proposed mitigation unless it finds that mitigation to be consistent with the requirements for mitigation land and agricultural conservation easements set forth in § 10.222.070.
ORDINANCE 2025-04
(B) The City Council shall consider the Planning Commission's recommendation and shall either approve, conditionally approve, or disapprove the proposed mitigation. (C) The City of Tulare shall not issue any permit or other approval for any project involving a conversion subject to the mitigation obligation under this chapter unless the City Council has previously approved proposed mitigation in compliance with this chapter.
Issuance of any such permit or approval shall be conditioned on the applicant's completion of mitigation in compliance with § 10.222.090(D) and (E). (D) The applicant for conversion must complete all required mitigation prior to the earliest of either:
(1) Issuance of any building, grading, or encroachment permit allowing for installation of underground utilities; or
(2) Where changes are made that are irreversible and prohibitive of the converted farmland to be returned to agriculturally productive use. (E) Mitigation shall be deemed complete when the approved agricultural conservation easement has been recorded and the applicant has paid the required administrative fee.
However, if the applicant elects to seek approval of an alternative mitigation option, mitigation shall be deemed complete when the City of Tulare provides the applicant with a letter indicating that mitigation is complete.
10.222.100 Right to appeal.
(A) A Code interpretation by the Community Development Director or designee may be appealed to the City Council. The following procedures shall apply:
(1) The applicant or any interested person adversely affected may upon payment of an appeal fee, as may be established by resolution of the Tulare City Council, appeal any interpretation of the Community Development Director or designee by filing a notice thereof, in writing, with the City Clerk, setting forth in detail the interpretation and the grounds upon which the appeal is based within ten (10) days after the interpretation that is subject to the appeal. Such notice shall state specifically where it is claimed that there was an error or abuse of discretion by the Director.
(2) Upon filing of an appeal, the City Council shall set the matter for hearing. Such hearing shall be held within thirty (30) days after the date of filing the appeal. (3) In holding the hearing on the matter, the City Council may receive any and all information pertinent to the matter. Upon the close of the hearing, the City Council shall vote to either confirm the decision of the Community Development Director or designee, overturn the interpretation or confirm the interpretation with modifications.
(4) The City Council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council at the next scheduled City Council meeting. (5) In the case of a tie vote, the interpretation of the Community Development Director or designee shall stand and shall be considered final as of the date of the Council vote.
10.222.110 Miscellaneous.
(A) The provisions of this chapter shall only apply to the extent that their application would not violate the constitution or laws of the United States, or of the State of California. The ORDINANCE 2025-04
City Council shall apply the chapter to avoid such unconstitutionality or illegality. (B) If any portion of this chapter is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have enacted this chapter and each section, division, paragraph, sentence, clause, or phrase thereof even if a portion of the chapter were declared unconstitutional. (C) Nothing in this chapter shall be construed to abridge or narrow the City of Tulare's police powers. The City Council retains its full power and discretion its ability to deny a proposed conversion on the basis that the proposed conversion is inconsistent with the public health, safety, or welfare because of the loss of agricultural land or otherwise, which the City Council is tasked with safeguarding.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of April 2025.
Patrick Isherwood, 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: April 15, 2025
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Monthly Investments Report
RECOMMENDED ACTION
Accept the monthly investments report for February 2025.
SUMMARY
The investments report for February 2025 are submitted for Council review and acceptance.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item did not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. February 2025 Investments Report
Reviewed/Approved:
Item #: 10.5
Consent
CITY OF TULARE
SUMMARY TREASURER'S REPORT
SUMMARY OF ALL INVESTMENTS
FebruarY 28,2025
TYPE OF INVESTMENT
BOOK
VALUE
MARKET
VALTJE
CURRENT
YIELD
BOOKVALUE
Vo OF
TOTAL
UNRESTRICTED INVESTMENTS - SEE PAGE 2
RESTRICTED INVESTMENTS - SEE PAGE 3
TOTAL IIWESTMENTS
Respectfully submitted, Mark Roberts, Chief Financial Officer 239,962,249 234,864,378 1.254%
15.813.694 15,813,694 N/A
255,77s,943 250,678,073 N/A
93.82%
6.18%
100.00%
Note: The City's financial statements will report narket values, not book values, at June 30 each year I certify that this report reflects all City investments and complies with the investment policy of the City of Tulare as approved by City Council.
Furthermore, I certify that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.
Presented to the City Council on April 15,2025 Presented to the Board of Public Utility Commissioners on April 17,2025 'e &i#* 04l08l2s
Date
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARY OF UNRESTRICTED INVESTMENTS
February 28'2025
DATDS: INTERESTRATES:
ACQUISITION STATED
MATURITY CURR-ENT YIELD PARVALUE TYPE OF INVESTMENT
ISSUER OF
INVESTMENT
Petty Cash N/A
Checking Account - City Wells Fargo Bank
Local Agency Investment Fund (LAIF) State of Califomia
Sub-Total
Fixed Income Investments Various (See page 4-8)
Investments in Safekeeping With BNY Westem Trust Company
BOOKVALUE THIS MONTH ANNUAL
BOOK
VALUE
%oF
vilUNREALIZED
GAIN(LOSS):
ESTIMATED
EARNINGS:
MARKET VALUE LASTMONTH THISMONTH
N/A
N/A
N/A
On Demand
Various
On Demand
N/A
None
N/A
None
N/A
N/A
N/A
N/A
N/A
N/A
12,900
12,900
47,8r7,825
47,817,825
38,263,469
38,249,004
(14,464)
77,044
N/A
N/A
N/A
N/A
1,6s7,956
138,163
t,657,9s6
138,163
1,286,760
t07,230
0.01o/o
19.93o/o
15.95o/o
35.88%
64.12o/o
100.00%
N/A
N/A
N/A
N/A
Balance per bank is $
N/A
4.333%
N/A
1.926%
N/A
0.860%
86,094,193
86,079,729
Per BNY WTC
1s3,868,0s6
148,784,649
(14,464)
77,044
(5,083,406)
(5,6s6,129)
TOTAL UNRESTRICTED INVESTMENTS N/A
1.254%
* LAIF market values are based on the most currently available amortized cost information - December 3 I , 2024:
239,962,249
234,864,378
(s,097,870)
(5,579,085)
2,944,7r6
245,393
0.999621985 - U/I: Unrestricted Investments
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARY OF RESTRICTED INVESTMENTS
February 28'2025
STATED
INTEREST RATE
PAR
VALUE
BOOK
VALUE
MARKET
VALUE
BALANCES
AS-Or
DATE
TYPE OF INVESTMENT ISSUER OF INVESTMENT
Bontl Funds (All are Managed by U.S. Bank Trust Except LAIF):
2018 Lease Revenue and Refunding Bonds (Account No. 244938000) First American Govt Fd U.S' Bank Trust
2015 Sewer Revenue Refunding Bonds (Account No. 261594000) First American Govt Fd U.S. Bank Trust
First American Govt Fd U.S. Bank Trust
Investment Repurchase GIC Bayerische Landesbank
2016 Sewer Revenue Refunding Bonds (Account No. 23 1687000) U S Bk Mmkt U.S. Bank Trust
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust
2017 Water Revenue Bonds (Account No. 219189000)
U S Bk Mmkt U.S. Bank Trust
2020 Water Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust
ACQUISITION
DATE
MATURITY
DATE
Various
Various
I l-15-15
Various
Various
Various
Various
On Demand
On Demand
l l-15-25
On Demand
On Demand
On Demand
On Demand
On Demand
Various
Rescrue Fund
Various
Various
Reserue Fund
1.960%
ReseNe Fund
Various
Various
Various
Various
Various
6.18%
3,521,861
3,521,861
3,521,86r
3,52 1,861
2-28-25
2-28-25
2-28-25
N/A 5,032,685
5,08s,364
N/A t7
2,822
49,857
5,032,685
5,085,364
2-28-25
17 2-28-25
N/A
N/A
N/A
N/A
N/A
N/A
N/A
2,822
49,85"1
1'7
20,459 ----Mq17
20,459 ---@5r 2-28-25
4 2-28-25
2-28-25
7 2-28-25
4 4
4 20 17 Successor Agency Tax Allocation Bonds - Series A & B (Account No. 245346000) II S Bk Mmkt U.S. Bank Trust Various
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Investme,rts = 7,185,983 7,185,983
7,185,983 7,185,983
15 3,6e4_ _J:3r3,6e1_
7 7 7
TYPE OF FIXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
F'IXED INCOME INVESTMENTS
February 28,2025
DATES: INTERESTRATES:
ACQUISITION STATEI)
MATURITY CIiRITEN'I] YITI,l}
BOOKVALUE
UNREALIZED
GAIN(LOSS):
THIS MONTH
trSTIMATEI)
EARNINGS:
ANNTJAL
CUSIP NUMBER PAR VALUE L1AIIKIJT VI\LT.;Ii LAST MONTII TIIIS MONTH Per BNY WTC
U.S. GOVERNMENT AGENCY OBLIGATIONS
Federal National Mortgage Assn
Federal Home Loan Mtg CorP
Federal Home Loan Mtg CorP
Federal Home Loan Banks
Federal Home Loan Mtg Corp
Federal National Mortgage Assn
Federal National Mortgage Assn
Federal Home Loan Mtg Cotp
Federal Home Loan Mtg CorP
Federal Home Loan Mtg Cotp
3136G4U50
3I34GVVX3
3134GVB56
313OAJRE1
3 l34GVT65
3t36G4YUl
3136G4282
3134GWUE4
3I34GWUV6
3134GWX43
08-27-20
05-27-25 C
06-03-20
05-28-25 C
06-10-20
06-10-25 C
06-24-20
06-24-25 C
06-30-20
06-30-25 C
07-15-20
07-15-25 C
08-26-20
08-26-25 C
09-30-20
09-30-25 C
09-30-20
09-30-25 C
t0-02-20
10-02-25 c
I 0- I 5-20
l0-15-25 c
0.600%
0.6lQo/o
0.750%
0.760%
0.700o/o
0.7100h
0.750%
0.760%
0.800%
0.810%
0.730%
0.740%
0.500%
0.5l0%o
0.500%
0.510%
0.520%
0.530%
0.550%
0.5600/o
0.550%
0.5600/o
2,000,000
2,000,000
2,000,000
868,056
2,000,000
2,000,000
2,000,000
2,500,000
2,000,000
1,982,500
2,000,000
1,983,400
2,000,000
1,980,200
868,0s6
8s8,064
2,000,000
r,976,640
2,000,000
I,973, I 80
2,000,000
1,963,860
2,500,000
2,446,425
2,500,000
2,446,700
3,000,000
2,935,980
3,000,000
2,932,110
(17,s00)
(23,e60)
(16,600)
(22,340)
(le,80o)
(2s,220)
(e,e91)
(r2,439)
(23,360)
(28,e00)
(26,820)
(32,240)
(36, l 40)
(41,880)
(53,575)
(60,750)
12,000
1,000
15,000
1,250
14,000
1,167
6,510
543
16,000
1,333
14,600
1,217
10,000
833
12,500
1,042
(s3,300)
(60,425)
(64,020)
(72,540)
(67,890)
(76,230)
13,000
1,083
r6,500
1,375
16,500
1,375
- CONTINUED ON PAGE 5 -
2,500,000
3,000,000
3,000,000 Federal Home Loan Mtg CorP
3l34GWXX9
4 T:\Finance\lnvestments\2024-2025 lnvestments Reports\8 - February 2025 lnvestment report.xlsm
TYPE OF FIXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTSO CONTINUED
February 28,2025
DATES: INTERESTRATES:
ACQUISITION STATED BOOKVALUE
UNREALIZED
GAIN/(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
ANNUAL
THIS MONTH CUSIP NUMBER MATURITY CURRENTYIELD PARVALUE MARKETVALUE LASTMONTH U.S. GOVERNMENT AGBNCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3t34GWY34
Federal National Mortgage Assn
3135G06A6
Federal Farm Credit Bks Funding Corp
3I33EMDZ2
Federal Farm Credit Bks Funding Corp
3l33EMEC2
Federal Home Loan Mtg Corp
3134GW3X2
Federal Home Loan Mtg Corp
3134GW3Z7
Federal Home Loan Mtg Corp
3t34GWZL3
Federal Home Loan Mtg Corp
3134GW6S0
Federal Home Loan Mtg Corp
3I34GXAP9
Federal Home Loan Mtg Corp
3I34GXCSI
Federal Home Loan Mtg Corp
3136GXFA7
Federal Home Loan Mtg Corp
3I34GXDM3
10-15-20
l0-15-25 c
t0-20-20
t0-20-25 c
t0-21-20
t0-21-25 c
r0-22-20
10-22-25 C
t0-27-20
t0-27-25 C
t0-28-20
10-28-25 C
t0-29-20
t0-29-2s c
I l-10-20
l1-10-25 c
1l-12-20
tt-12-25 c
tr-25-20
tt-25-25 c
I 1-30-20
1t-26-25 C
12-01-20
12-01-25 c
t2-17-20
12-17-25 c
0.530Y"
0.540o/"
0.580%
0.590%
0.520Yo
0.s30%
0.530%
0.s40%
0.62s%
0.640Yo
0.6000/o
0.610%
0.570o/o
0.580%
0.610%
0.6300/o
0.600%
0.620%
0.625Yo
0.640%
0.650%
0.670%
0.620%
0.640%
0.540%
0.5600/o
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
2,000,000
3,000,000
3,000,000
2,000,000
3,000,000
2,000,000
1,500,000
3,000,000
2,931,930
3,000,000
2,931,270
2,500,000
2,44t,500
2,500,000
2,441,42s
3,000,000
2,930,070
2,000,000
1,953,500
3,000,000
2,928,900
3,000,000
2,927,040
2,000,000
1,950,840
3,000,000
2,922,900
2,000,000
1,948,880
1,500,000
r,460,145
2,500,000
2,429,050
(68,070)
(77,280)
(68,730)
(77,430)
(58,s00)
(68,750)
(58,57s)
(6s,875)
(69,930)
(78,300)
(46,s00)
(52,740)
(7 t,100)
(80,280)
(72,960)
(82,500)
(49,r60)
(s5,540)
(77,100)
(84,120)
(5 r,120)
(57,160)
(39,855)
(44,s65)
(70,950)
(79,800)
15,900
1,325
17,400
1,450
13,000
1,083
13,250
1,104
18,750
1,563
12,000
1,000
17,100
t,425
18,300
1,525
12,000
1,000
18,750
1,563
13,000
1,083
9,300
775
13,500
1,125
- CONTINUED ONPAGE 6 -
Federal Farm Credit Bks Funding Corp
3I33EMKT8
2,500,000
TYPE OF FXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
February 28,2025
DATES: INTERESTRATES:
ACQUISITION STATEI) BOOKVALUE
UNREALIZED
GArN/(LOSS):
TIIISMONTH
ESTIMATED
EARNINGS:
ANNUAL
THIS MONTH CI]SIP NUMBER MATTJRITY CURRENT YIELD PARVALUE MARKETVALUE LASTMONTH U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg CorP
3I34GXFV1
Federal Home Loan Mtg CorP
3134GXHD9
Federal Home Loan Mtg Corp
3I34GXJX3
Federal Home Loan Mtg CorP
3t34GXJZ8
Federal Home Loan Banks
3l30AKQ74
Federal Home Loan Mtg CotP
3I34GXKJ2
Federal Home Loan Banks
3I3OAKPC4
Federal National Mortgage Asso.
3 r3sG06R9
Federal Home Loan Banks
3 l30AL3S I
Federal Home Loan Banks
313OAKYU4
Federal Home Loan Banks
3I3OALCW2
Federal Home Loan Banks
3t30AKZ25
t2-17-20
t2-17-25 C
t2-23-20
t2-23-25 C
0l-05-21
0l-05-26 c
0l-07-21
0t-07-26 c
0t-22-21
0t-22-26 C
0t-22-21
0t-22-26 C
0t-28-21
0t-28-26 C
0t-28-21
01-28-26 C
02-17-21
02-t7-26 C
02-24-2t
02-24-26 C
02-25-21
02-25-26 C
02-26-21
02-26-26 C
03-10-21
03-10-26 c
0.625%
0.6400/o
0.700%
0.720%
0.5s0%
0.570%
0.s20%
0.s40%
0.6250/o
0.6500/o
0.550%
0.570%
0.600%
0.620%
0.550%
0.570%
0.6250/o
0.6500/o
0.600%
0.620%
0.625%
0.6500/o
0.650%
0.670%
0.800%
0.830%
2,000,000
3,000,000
2,500,000
2,000,000
2,500,000
2,500,000
2,000,000
2,000,000
3,000,000
3,000,000
3,000,000
3,000,000
Per BNY WTC
2,000,000
1,944,560
3,000,000
2,916,930
2,500,000
2,425,000
2,000,000
1,939,060
2,500,000
2,422,400
2,500,000
2,421,150
2,000,000
1,936,320
2,000,000
1,935,660
3,000,000
2,899,590
3,000,000
2,896,920
3,000,000
2,899,200
3,000,000
2,898,960
3,000,000
2,898,840
(55,440)
(60,s60)
(83,070)
(e1,800)
(75,000)
(84,s00)
(60,940)
(68,580)
(77,600)
(85,550)
(78,850)
(88,800)
(63,680)
(69,540)
(64,340)
(72,r00)
(100,410)
(109,s30)
(103,080)
(112,320)
(100,800)
(1 l 1,840)
(r01,040)
(1 1 1,390)
(101,160)
(1 10,550)
12,500
1,042
21,000
1,750
13,750
1,146
10,400
867
15,625
1,302
13,750
1,146
12,000
1,000
I 1,000
917
18,750
1,563
18,000
1,500
18,750
1,563
19,500
r,625
24,000
2,000
- CONTINUED ON PAGE 7 -
Federal Home Loan Banks
3 I3OALFS8
3,000,000
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
February 28,2025
DATES: INTERESTRATES:
UNREALIZED
GAIN/(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
BOOK VALUE ANNUAL
TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED
MATURITY CURRENT YIELD PAR VALUE MARKETVALUE LASTMONTH THISMONTH CUSIP NUMBER U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINIIED
Federal Home Loan Banks
3l30ALKQ6
Federal Home Loan Banks
3l3OALXVI
Federal Home Loan Banks
3l30AMWU2
Federal Home Loan Banks
3l30AN2L3
Federal Home Loan Banks
3t30AN4R8
Federal Home Loan Banks
3I3OANFT2
Federal Home Loan Banks
3I3OANLZl
Federal Home Loan Banks
3l30ANM56
Federal Home Loan Banks
313OANUX6
Federal Home Loan Banks
3I3OANXS4
Federal Home Loan Banks
313OANXU9
Federal Home Loan Banks
3I3OANYR5
03-30-21
03-30-26 C
04-22-21
04-22-26 C
06-30-2r
06-30-26 c
07 -13-21
07-13-26 C
07-29-21
07-29-26 C
08-24-21
08-24-26 C
08-26-21
08-26-26 C
08-27-21
08-27-26 C
09-28-21
09-28-26 C
09-28-2r
09-28-26 C
09-30-2r
09-30-26 c
09-30-21
09-30-26 C
t0-21-21
t0-2t-26 c
l.030Yo
1.070%
l.l00%o
1.140%
1.000Y'
1.040%
1.020o/o
1.070%
1.125%
1.170%
1.050%
t.100%
0.900%
0.940%
1.050%
l.l00%o
1.r00%
l.l50o/o
0900%
0.950Y"
1.000%
1.050%
0.950Yo
1.000%
1.000%
1.050%
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
2,367,275
Per BNY WTC
2,500,000
2,416,050
2,500,000
2,4t3,4s0
3,000,000
2.876,850
3,000,000
2,8',12,710
3,000,000
2,876,070
3,000,000
2,866,590
2,500,000
2,384,100
2,500,000
2,388,250
3,000,000
2,861,430
3,000,000
2,853,210
3,000,000
2,858,310
2,500,000
2,379,200
2,500,000
2,378,375
(83,e50)
(e0,500)
(86,550)
(93,375)
(123,150)
(134,280)
(127,290)
(137,010)
(123,930)
(136,860)
(133,410)
(144,660)
(1 15,e00)
(t26,s7s)
(1 l 1,750)
(121,t75)
(r38,570)
(15 1,680)
(146,790)
(161,160)
(141,690)
(156,870)
(r20,800)
(132,725)
(12r,625)
(t34,szs)
25,750
2,146
27,500
) )q)
30,000
2,500
30,600
2,550
33,750
2,813
3 r,500
2,625
22,500
I,875
26,250
2,188
33,000
2,750
27,000
2,250
30,000
2,500
23,750
1,979
25,000
2,083
- CONTINUED ON PAGE 8 -
Federal Home Loan Banks
3I3OAPCD5
n
2,500,000
TYPE OF FIXED INCOME INVESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUEI)
February 28'2025
DATES: INTERESTRATES:
ACQUISITION STATED BOOKVALUE
UNREALIZED
GAIN/(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
ANNUAL
CIJSIP NUMBER MATTJRITY CURRENT YIELD PARVALUE MARKETVALUE LASTMONTH THISMONTH U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Bks
3 l30APJ55
Federal Home Loan Bks
3I3OAPJB2
Federal Home Loan Bks
313oAPDQ5
Federal Home Loan Bks
3130APFQ3
Federal Home Loan Bks
313OAPFRl
Federal Home Loan Bks
3I3OAPFU4
Federal Home Loan Bks
3I3OAPLP8
Federal Home Loan Bks
3I3OAPNK7
Federal Home Loan Bks
313OAPPL3
Federal Home Loan Bks
3I3OAPXT7
Federal Home Loan Bks
3l30ARA68
TOTAL FIXED INCOME INVESTMENTS
**AIl are in safekeeping with BNY Western Trust Company l0-26-21
10-26-26 C
t0-26-2t
t0-26-26 C
t0-28-21
t0-28-26 C
t0-28-21
t0-28-26 C
t0-28-21
t0-28-26 C
t0-28-21
10-28-26 C
tt-16-21
1l-16-26 c
r l-18-2 I
t1-18-26 c
tt-23-2t
tt-23-26 c
t2-17-2r
12-t7-26 c
03-29-22
03-29-27 C
1.250o/o
1.3100
l.l90o/o
1.180%
1.250o/o
l.3l0o/o
1.t00yo
1.160%
l.l20%o
l.l80Yo
l.050Yo
1.l00Yo
1.375o/o
1.440%
7.375o/o
l.440Yo
1.450o/o
1.520o/o
l.600Vo
1.670o/o
3,000,000
3,000,000
3,000,000
2,000,000
2,000,000
2,000,000
2,500,000
3,000,000
3,000,000
2,000,000
2,000,000
N/A
Per BNY WTC
3,000,000
2,864,310
3,000,000
2,857,500
3,000,000
2,862,960
2,000,000
1,903,880
2,000,000
1,904,500
2,000,000
t,902,280
2,500,000
2,383,175
3,000,000
2,863,410
3,000,000
2,866,140
2,000,000
1,912,400
(r35,690)
(r 50,600)
(142,500)
(157,980)
(r37,040)
(152,3 l0)
(96,120)
(106,500)
(e5,500)
(105,840)
(e7,720)
(r08,r60)
(l r6,825)
(r30,r50)
(136,5e0)
(152,610)
(133,860)
(14e,880)
(87,600)
(98,460)
37,500
3,125
33,750
2,813
37,500
3,125
22,000
1,833
22,400
1,867
21,000
1,750
34,375
2,865
41,250
3,438
43,500
3,625
32,000
2,667
2.350o/o
2.440o/o
N/A
0.8600/o
2,000,000
1,928,400
(7 1,600)
(83,920)
47,000
3,917
153,868,056
r48,784,649
(5,083,406)
(s,656,129)
1,286,764
107,230
- U/l: Unrestricted Investments
CHANGES IN BALANCES AND YIELDS:
CITY OF TULARE
TREASURER'S EXECUTIVE SUMMARY
February 28,2025
BOOK VALUE
MARKET VALAE
DIFFERENCE AVERAGE STATED YIELD
F'EB JAN CHANGE FEB JAN CHANGE CATEGORY
Total Investments
llnrestricted Investments
Restricted Investments
Local Agency Investment Fund (LAIF)
Fixed Income Investments (Total)
TRANSACTIONS (BOOK VALUE): *
CATEGORY
255,775,943
250,678,073
-6,0-fr;8?o-I
239,962,249
234,864,378
(5,097,870)
15,813,694
I5,813,694
0 38,263,469
38,249,004
-G@1 s3,868,056
148,784,649
(5,083,406)
256,794,136
251,1 18,862 ---@iW
240,671,009
234,995,735
(5,67 5,273)
16,123,127
_---_-- I 6,123, I 27
38,263,469
38,249,004
(14,464)
155,868,056
150,207,246
(5,660,809)
( 1 ,01 8, 192)
(440,7e0)
577,403
(708,760)
(r3 r,3s7)
577,403
(309,432)
(30e,432)
(0)
0 (2,000,000)
(r,422,597)
577,403
N/A
1.254o/n
N/A
N/A N/A
N/A
1.263%
N/A
4.366%
0.860%
-0.009o/o
0 0
4.333%
0.860%
-0.033o/o
0.000%
PURCHASES SALES / CALLS
Fixed Income Investments Fixed Income Investments
Federal National Mortgage Assoc, 0.520% 2,000,000
0 Staff Report
Meeting: City Council
Date: April 15, 2025
Department: Community Development - Housing
Submitted by: Mario Anaya, Community Development Director Agenda Title: 2025-2029 Analysis of Impediments to Fair Housing Choice (AI), Consolidated Plan, and Citizen Participation Plan Draft Presentation
RECOMMENDED ACTION
Receive a presentation and conduct a public hearing on the Draft Analysis of Impediments to Fair Housing Choice (AI), Consolidated Plan, and Citizen Participation Plan.
SUMMARY
Baker Tilly Advisory Group (“Baker Tilly”), on behalf of the City, conducted citizen participation and consultation activities and drafted the City’s updated 2025-2029 Analysis of Impediments (AI) to Fair Housing Choice, FY2025/26 – FY2029/30 Consolidated Plan, and 2025-2029 Citizen Participation Plan.
All 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 funds for the next five years. The Citizen Participation Plan describes how the City will involve residents in the planning, implementation and assessment of how CDBG and HOME funds (which the City receives from the State of California) will be used.
Baker Tilly has prepared a presentation to provide an overview of AI and Consolidated Plan requirements and components, as well as summaries of the draft AI, Consolidated Plan, and Citizen Participation Plan documents. The session is intended to inform residents on the contents of these plans as well as the goals, projects, and use of funds (for the Consolidated Plan) proposed in the draft plans. Public comments on the draft plans will be solicited during this time. Formal adoption of the plans will be scheduled for a future city council meeting date.
Webpage link for public viewing: https://www.youtube.com/@cityoftulare3805/streams
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 #: 11.1
Public Hearing
Staff Report
Meeting: City Council
Date: April 1, 2025
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manny Correa, Safety, Compliance & Facilities Officer Agenda Title: Municipal Code Revisions Regarding Camping on Public Property
RECOMMENDED ACTION
Pass to print an ordinance repealing and replacing Section 8.36.280 (Hours of Use) of Chapter 8.36 (City Park and Trail Ordinance); enacting Chapter 8.37 City Property Exclusion; and enacting Chapter 8.38 (Encampments on Public Property) of Title 8 Public Ways and Property of the Tulare Municipal Code.
SUMMARY
Repeal Sections 8.36.280(B)(5) through (H) in order to resolve any conflicts that may occur if proposed Division 8.38 is passed.
Chapter 8.37- Public Property Exclusion is proposed to assist city staff when dealing with habitual offenders on public property. This ordinance will give city staff additional authority to exclude those habitual offenders from public properties for a specified amount of time. It also outlines the hearing process and sets time frames for these hearings to ensure due process has been met. This ordinance also outlines the penalty for failure to comply with the regulations.
Chapter 8.38 – Encampments on Public Property is proposed to protect the life, health, and safety of all people in the City. Certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. It is the purpose of this Division to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands, and to prevent destruction of these assets. As proposed, this ordinance would be enforceable at all times, regardless of the availability of shelter space or beds.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item has been reviewed by legal counsel, and all suggestions/revisions have been updated.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
If the proposed revisions are not approved, the City will see an increase of encampments on public property, an increase in public health and safety matters, and visual blight in the City.
ATTACHMENTS
1. Proposed revisions to Section 8.36.280
2. Ordinance
Reviewed/Approved:
Item #: 12.1
General Business
§ 8.36.280 Hours of use.
The Director is authorized to promulgate responsible opening and closing hours for park facilities. No person shall enter, remain in or camp in or on any park during the hours or any part of the hour(s) the park is closed without a permit from the Director.
This policy shall establish a curfew between 10:00 p.m. and 6:00 a.m. in all public parks.
(A) No person shall remain or camp in any public park between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
(B) The prohibitions contained in division (A) of this section will not apply to; (1) Special use facilities, as may be posted by the Department extending use hours;
(2) Any person attending a meeting, entertainment event, recreation activity, dance or similar activity in the park, provided the activity is sponsored or co-sponsored by the Department of Parks and Community Services or a permit therefor, has been issued by the Department of Parks and Community Services;
(3) Any person exiting the park immediately after the conclusion of any activity set forth in division (B)(2) of this section;
(4) Any peace officer or employee of the city while engaged in the performance of his or her duties;
(5) Any individual experiencing homelessness, unless it is confirmed that there is available shelter as defined in § 8.36.010.
(C) Pursuant to the exemption in subsection (B)(5), camping equipment may not be affixed or attached to, or constructed upon or with, or inside of or otherwise located within 100 feet from, any trees, fences, designated trails (including but not limited to the Santa Fe trail), walkways, parking lots or park amenities and structures. Camping equipment is limited to a single person use and is only allowable during the hours of 10:00 p.m. and 6:00 a.m.
(D) Camping pursuant to this section must not be in the same site within the park for more than one consecutive night.
(E) Each park subject to closure during specified hours pursuant to this chapter shall be properly and appropriately posted. Signs setting forth the hour and time of closure and reopening of the park as provided in this chapter shall be posted at every entranceway to the park. The signs shall be not less than one square foot in area and shall contain lettering, not less than one-half inch in height, identifying the hours during which the park shall be closed and further advising the public that entry to the park or remaining on the facilities grounds between the designated hours is a violation of the law. In the event that there are no natural or man-made barriers which prohibit access to entry upon a park or recreation facility subject to this chapter, signs shall also be posted at intervals of every 300 feet along the perimeter of the park accessible to the public
(F) Camping is not allowed at the following locations at any time due to the reason stated:
Not under City Ownership Sensitive Uses at or Nearby
Not under City Ownership Sensitive Uses at or Nearby
Bender Park Centennial Park
Mulcahy Park Tyler Park
Prosperity Sports Park Topham Park
Cesar Chavez Park Zumwalt Park
Cypress Park Meitzenheimer Community Centre
Live Oak Park Elk Bayou Soccer Complex
Del Lago Park Tower Square located at 195 N. K St., Tulare, CA 93274
(G) Camping is not allowed on, or within 100 feet, of any installed structure or permanent equipment at any location.
(H) Any person violating the provisions of this section shall be guilty of a misdemeanor and subject to the penalties set forth in § 1.61.040(B). (1995 Code, § 8.36.240) (Ord. 2021-06, passed 1-18-2022; Ord. 2022-04, passed 5-17- 2022)
ORDINANCE 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING SECTION 8.36.280 (HOURS OF USE) OF CHAPTER 8.36 (CITY PARK AND TRAIL ORDINANCE); ENACTING CHAPTER 8.37 (CITY PROPERTY EXCLUSION); AND ENACTING 8.38 (ENCAMPMENTS ON PUBLIC PROPERTY) OF TITLE 8 (PUBLIC WAYS AND PROPERTY) OF THE TULARE MUNICIPAL CODE WHEREAS, the City Council of the City of Tulare, a charter city under California law, finds the need to revise portions of Chapter 8.36 and add Chapter 8.37 and Chapter 8.38 of Title 8 of the City of Tulare Municipal Code related to rules and regulations for use of public property including City parks; and
WHEREAS, the purpose of this ordinance is to revise the City of Tulare Municipal Code to address homelessness and camping on public property.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. Section 8.36.280 of Chapter 8.36 of Title 8 of the City of Tulare Municipal Code is hereby revised as follows:
8.36.280 Hours of use.
The Director is authorized to promulgate responsible opening and closing hours for park facilities.
No person shall enter, remain in or camp in or on any park during the hours or any part of the hour(s) the park is closed without a permit from the Director. This policy shall establish a curfew between 10:00 p.m. and 6:00 a.m. in all public parks.
(A) No person shall remain or camp in any public park between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
(B) The prohibitions contained in division (A) of this section will not apply to:
(1) Special use facilities, as may be posted by the Department extending use hours; (2) Any person attending a meeting, entertainment event, recreation activity, dance, or similar activity in the park, provided the activity is sponsored or co-sponsored by the Department or a permit therefor, has been issued by the Department; (3) Any person exiting the park immediately after the conclusion of any activity set forth in division (B)(2) of this section;
(4) Any peace officer or employee of the city while engaged in the performance of his or her duties.
SECTION 2. Chapter 8.37 of Title 8 of the City of Tulare Municipal Code is hereby enacted as follows:
Chapter 8.37
City Property Exclusion
Sections
8.37.010 Purpose.
8.37.020 Definitions.
8.37.030 Enforcement.
8.37.040 Period of exclusion.
ORDINANCE 2025-XX
8.37.050 Effect of exclusion and criminal trespass.
8.37.060 Written notice.
8.37.070 Request for hearing.
8.37.080 Hearing procedures.
8.37.090 Temporary waiver.
8.37.010 Purpose.
The City Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this Division to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets by excluding any person who violates any provision of the Tulare Municipal Code, rule or regulation of the City, or any of the laws of the State of California.
8.37.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
CITY PROPERTY. All real property owned by the City, other than public right-of-way and utility easement, and all property held in proprietary capacity by the City.
HEARING OFFICER. The City Manager or their designee.
8.37.030 Enforcement.
In addition to other measures provided for violation of this Code, or any of the laws of the State of California, any department head of the City of Tulare may exclude someone from City property, excluding public rights-of-way, if that person violates any provision relating to the use, misuse, waste, or destruction of public property contained in the Tulare Municipal Code, rule or regulation of the City, or any of the laws of the State of California.
8.37.040 Period of exclusion.
Exclusion under this chapter may be for a period of not more than 180 days and may apply to all or a portion of City property. The exclusion period will not begin until the sixth business day after the issuance of the exclusion or until the appeal is decided under Tulare Municipal Code Section 8.37.070, whichever date is later, to allow for due process.
8.37.050 Effect of exclusion and criminal trespass.
A person excluded from City property or City parks pursuant to this chapter may not enter or remain upon that City property or City parks during the exclusion period, except a person excluded from City Hall may enter upon or remain at the City Hall to the extent necessary to file documents required to be filed with a City official. A person who knowingly violates an order of exclusion from City parks or City property may be charged with criminal or civil trespass.
8.37.060 Written notice.
(1) Written notice shall be given to any person excluded from any City property or City parks. (2) The notice shall specify the dates and places of exclusion. It shall be signed by the issuing party. The notice shall prominently display the consequences for failure to comply, including a violation of California Penal Code Section 602 and instructions for requesting a hearing to appeal the exclusion.
ORDINANCE 2025-XX
8.37.070 Request for hearing.
A person receiving a notice of exclusion may request a hearing before a hearing officer to have the exclusion rescinded or the period shortened. Written notice of the appeal must be filed with the City of Tulare within three business days of receipt of the exclusion notice. Failure to file written notice of appeal within three business days will be deemed a waiver of further action. No particular form shall be required of the appeal and must be filed with the City Clerk’s Office.
8.37.080 Hearing procedures.
(1) When a timely request for a hearing is made, a hearing shall be held before a hearing officer.
(2) The hearing shall be set within three business days. The hearing may be scheduled for a later date if the person excluded so requests.
(3) At the hearing, the person excluded may contest the validity of the exclusion. (4) The City official shall have the burden of proving the validity of the exclusion by a preponderance of evidence. The City official may present evidence either by testimony or written report of the officer. If the City evidence is presented only by written report and the hearing officer cannot resolve a question by information contained in the report, the hearing may be held open for a reasonable time to complete the record.
(5) If the hearing officer finds that:
(a) The person excluded violated any provision of this Code, any law of the State of California, or any policy, rule or regulation of a City park or City property, then the hearing officer shall enter an order sustaining the exclusion; or
(b) The person excluded did not violate any provision of this Code, any law of the State of California, or any policy, rule or regulation of a City park or City property, then the hearing officer shall enter an order rescinding the exclusion.
(c) Once a person has been deemed to be excluded, the 180-day exclusion will begin on the date of the ruling by the hearing officer.
(6) The decision of the hearing officer is final.
8.37.090 Temporary waiver.
At any time within the period of exclusion, a person receiving such notice of exclusion may apply in writing to the City Manager for a temporary waiver from the effects of the notice of exclusion from city property or city parks. A waiver may be granted if the City Manager determines good cause exists.
SECTION 3. Chapter 8.38 of Title 8 of the City of Tulare Municipal Code is hereby enacted as follows:
Chapter 8.38
Encampments on Public Property
Sections
8.38.010 Purpose.
8.38.020 Definitions.
8.38.030 Protection of waterways.
ORDINANCE 2025-XX
8.38.040 Unauthorized encampments on public property.
8.38.050 Enforcement.
8.38.060 Abatement of encampments.
8.38.010 Purpose.
The City Council is committed to protecting the life, health, and safety of all people in the City and finds that certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas.
Additionally, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The City Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property.
8.38.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
ABATEMENT. The process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in section 8.38.606 of this chapter.
CAMP. Placing, setting up, or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include use of umbrellas or sunshades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Camping shall not include merely sitting, lying, or sleeping outside in a public park area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
CAMP PARAPHERNALIA. Personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.
ENCAMPMENT. One or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
PARK. Any outdoor area owned, leased, or controlled by the city opened to the public for recreational use, including but not limited to any body of water, land, campsite, recreation area, building, or structure.
ORDINANCE 2025-XX
SHELTER. Any City-funded shelter or shelter provided as part of the City’s Coordinated Intake System for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager or their designee for use by individuals or families experiencing homelessness.
WASTE. Material of any nature that constitutes Rubbish, Solid Waste, Liquid Waste or Medical Waste. Waste also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other Public Property. Waste does not include compost piles, composting or Recyclable Material properly contained and disposed of in a timely fashion.
WATERWAY. All the portions, including embankments and vehicle easements, of Tulare Irrigation Canal, The People’s Ditch, Oakland Colony Ditch, Hooper Ditch, Railroad Ditch, Tulare Colony Ditch, Bates Slough Ditch, Elk Bayou Ditch, Porter Slough Ditch, Kaweah Canal, and any unnamed waterways found within the boundaries of the City of Tulare.
8.38.030 Protection of waterways.
(A) It is unlawful for any person to do any of the following:
(1) Build or erect a structure of any type along the banks or in the body of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(2) Move boulders or large rocks, destroy vegetation, paved roads or paths created by the City, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;
(3) Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use; (4) Dig on the banks of a waterway, or;
(5) Discharge or store items or waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway. (B) Nothing in this section is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or their designee or by any law, regulation, permit, order or other directive from a regulatory authority.
8.38.040 Unauthorized encampments on public property.
(A) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, parkway, lighting and landscaping areas, parking lots, park, Community Services Department buildings, waterway, and banks of a waterway. (B) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
(1) Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of section 8.38.040(B) does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
(2) Within two blocks of any shelter provided that signs are posted prohibiting camping ORDINANCE 2025-XX
that are clearly visible to pedestrians.
(3) In any waterway or the banks of a waterway.
(4) Within any transit hub or bus stop provided signs are posted prohibiting camping that are clearly visible to pedestrians.
(5) In any location where the City Manager or their designee determines there is a substantial public health and safety risk and provided signs are posted prohibiting camping that are clearly visible to pedestrians.
8.38.050 Enforcement.
(A) This section is enforceable by any law enforcement officer, code enforcement officer, park ranger, or City staff as designated by the City Manager or their designee. (B) Sections 8.38.030 and 8.38.040 of this chapter are enforceable at all times regardless of shelter availability.
8.38.060 Penalty.
For a first violation of this chapter, the officer shall issue a written warning that their conduct is in violation of this chapter and must give the person an opportunity to comply with the provisions of this chapter of at least twelve hours. A second violation of the provisions of this chapter, within a twelve-month period shall, upon conviction thereof, be guilty of an infraction. A third violation under this chapter within a twelve-month period, and every subsequent violation within a twelvemonth period shall be prosecuted as a misdemeanor by any office allowed to prosecute such crimes. Each violation of this chapter shall be a distinct and separate violation.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 5. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X.
Patrick Isherwood, 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: April 15, 2025
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Temporary Encampment Facility Staffing
RECOMMENDED ACTION
Provide staff direction to recruit two hourly employees to serve as temporary encampment attendants.
SUMMARY
On March 4, 2025, the City Council evaluated various operational plans and additional staffing and service options for the temporary encampment facility. The City Council chose to move forward with Plan C (maintain most of the basic services) as well as the items listed in Table 3 as provided in the staff report, which included two additional encampment attendants at an estimated cost of $10,609 per month ($15,124 including benefits).
As an alternative to hiring two full-time contract employees, these two positions could be recruited as hourly employees. Hourly employees may work up to 960 hours per fiscal year. The cost of two hourly positions is $7,878 per month. Based on the potential for significant taxpayer cost savings, staff determined it necessary for this item to return to City Council for direction. This recommended approach would reduce costs and provide greater flexibility in case it was determined these two temporary encampment attendant positions were not necessary. The 960 hours per fiscal year limitation would allow for a position to work 40 hours per week through at least mid-December 2025. By that time, staff, or the City’s vendor, would already be in recruitment for staffing at the new homeless shelter.
FISCAL IMPACT & FUNDING SOURCES
The fiscal impact for this recommendation is $7,878 per position per month. This would be paid from general fund balance.
LEGAL REVIEW
This item was reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Adopt the resolution amending the City’s Non-Utility Position Control Budget (PCB) to allow for the hiring of two full-time benefited contract employees to serve as temporary encampment attendants;
2. Provide other staff direction; or
3. Table.
ATTACHMENTS
1. Resolution
2. PCB
Reviewed/Approved:
Item #: 12.3
General Business
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE CITY’S FISCAL YEAR 2025 NON-UTILITY POSITION CONTROL BUDGET WHEREAS, the Position Control Budget (PCB) sets the authorized positions for the fiscal year; and
WHEREAS, on June 18, 2024, the City Council adopted Resolution 2024-36 adopting the Fiscal Year 2025 PCB and Salary Schedule; and
WHEREAS, it is necessary to amend the adopted PCB and Salary Schedule from time to time, as determined by the City Manager, to provide for additional positions and/or changes in salary ranges; and
WHEREAS, the City has determined two allocations for Homeless Prevention Coordinator – Contract are necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City’s Fiscal Year 2025 Non-Utility Position Control Budget is hereby amended to add the allocation of two Homeless Prevention Coordinator – Contract positions as provided in Exhibit A.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of April 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
Classification Title FTE
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-
MM01E0054-001 ASSISTANT FINANCE DIRECTOR 1.00
CP06N0022-002 ACCOUNTING TECHNICIAN II 1.00
CP06N0022-004 ACCOUNTING TECHNICIAN II 1.00
CP05N0023-001 PAYROLL SPECIALIST 1.00
MM02E0051-001 UTILITY BILLING MANAGER 1.00
MM02E0057-001 BUDGET FINANCE MANAGER 1.00
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CP06N0020-003 ACCOUNTING TECHNICIAN I 1.00
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MM01E0145-002 HUMAN RESOURCES DIRECTOR 1.00
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CP05N0160-003 CODE ENFORCEMENT OFFICER 1.00
CP05N0159-001 CODE ENFC OFC/SUB HOUSING CMPL 1.00
CP05N0160-004 CODE ENFORCEMENT OFFICER 1.00
CP05N0160-005 CODE ENFORCEMENT OFFICER 1.00
Position Number
Home department : 001-4020 (Count: 4)
Home department : 001-4030 (Count: 11)
Home department : 001-4035 (Count: 5)
Home department : 001-4040 (Count: 3)
Home department : 001-4060 (Count: 4)
Home department : 001-4100 (Count: 5)
City of Tulare
POSITION CONTROL BUDGET
Allocated Positions
4/15/2025 (FY 2025-26)
CP05N0160-002 CODE ENFORCEMENT OFFICER 1.00
-
NM05N0040-001 ANIMAL SERVICES OFFICER 1.00
MM02E0048-001 ANIMAL SERVICES MANAGER 1.00
NM05N0041-001 KENNEL TECHNICIAN 1.00
NM05N0041-002 KENNEL TECHNICIAN 1.00
NM05N0041-003 KENNEL TECHNICIAN 1.00
NM05N0040-002 ANIMAL SERVICES OFFICER 1.00
CP06N0045-001 ANIMAL SERVICES TECHNICIAN 1.00
NM05N0040-003 ANIMAL SERVICES OFFICER 1.00
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MM02E0491-001 SAFETY, COMPLIANC & FAC. OFFCR 1.00
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PD04N0630-005 POLICE OFFICER 1.00
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CP06N0235-003 DEPARTMENT ASSISTANT II 1.00
CP06N0635-002 POLICE RECORDS SPECIALIST 1.00
CP06N0730-003 PUBLIC SAFETY DISPATCHER I 1.00
CP06N0730-004 PUBLIC SAFETY DISPATCHER I 1.00
PD04N0630-006 POLICE OFFICER 1.00
CP05N0165-008 COMMUNITY SERVICE OFFICER 1.00
CP06N0731-001 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-007 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-008 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-009 PUBLIC SAFETY DISPATCHER II 1.00
MM03E0168-001 POLICE ANALYST 1.00
CP06N0731-005 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-006 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0731-011 PUBLIC SAFETY DISPATCHER II 1.00
MP03E0633-002 POLICE SERGEANT 1.00
MP01E0610-001 POLICE CHIEF 1.00
CP06N0025-002 SR. ADMINISTRATIVE ASSISTANT 1.00
MM03E0646-002 POLICE RECORDS MANAGER 1.00
CP06N0730-010 PUBLIC SAFETY DISPATCHER I 1.00
CP06N0731-010 PUBLIC SAFETY DISPATCHER II 1.00
CP06N0636-005 POLICE RECORDS ASSISTANT 1.00
CP06N0636-004 POLICE RECORDS ASSISTANT 1.00
MP02E0621-002 POLICE CAPTAIN 1.00
CP06N0635-001 POLICE RECORDS SPECIALIST 1.00
CP06N0635-003 POLICE RECORDS SPECIALIST 1.00
CP03N0732-001 DISPATCH SUPERVISOR 1.00
-
Home department : 001-4105 (Count: 8)
Home department : 001-4120 (Count: 1)
Home department : 001-4220 (Count: 28)
Home department : 001-4221 (Count: 41)
PD04N0630-054 POLICE OFFICER 1.00
PD04N0630-055 POLICE OFFICER 1.00
PD04N0630-056 POLICE OFFICER 1.00
PD04N0630-002 POLICE OFFICER 1.00
PD04N0630-003 POLICE OFFICER 1.00
PD04N0615-003 POLICE CORPORAL 1.00
PD04N0630-028 POLICE OFFICER 1.00
CP05N0165-004 COMMUNITY SERVICE OFFICER 1.00
PD04N0630-019 POLICE OFFICER 1.00
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PD04N0615-006 POLICE CORPORAL 1.00
CP06N0230-006 DEPARTMENT ASSISTANT I 1.00
PD04N0630-033 POLICE OFFICER 1.00
MP03E0633-008 POLICE SERGEANT 1.00
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PD04N0630-052 POLICE OFFICER 1.00
MP02E0620-001 POLICE LIEUTENANT 1.00
MP02E0620-002 POLICE LIEUTENANT 1.00
MP02E0620-003 POLICE LIEUTENANT 1.00
MP02E0620-004 POLICE LIEUTENANT 1.00
PD04N0630-001 POLICE OFFICER 1.00
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MP03E0633-006 POLICE SERGEANT 1.00
CP05N0165-003 COMMUNITY SERVICE OFFICER 1.00
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PD04N0630-041 POLICE OFFICER 1.00
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PD04N0630-030 POLICE OFFICER 1.00
MP02E0621-003 POLICE CAPTAIN 1.00
PD04N0630-032 POLICE OFFICER 1.00
- Home department : 001-4222 (Count: 13)
PD04N0615-005 POLICE CORPORAL 1.00
PD04N0615-007 POLICE CORPORAL 1.00
PD04N0615-001 POLICE CORPORAL 1.00
CP05N0165-001 COMMUNITY SERVICE OFFICER 1.00
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PD04N0630-004 POLICE OFFICER 1.00
PD04N0630-007 POLICE OFFICER 1.00
PD04N0630-010 POLICE OFFICER 1.00
PD04N0630-029 POLICE OFFICER 1.00
PD04N0630-049 POLICE OFFICER 1.00
PD04N0630-008 POLICE OFFICER 1.00
PD04N0615-010 POLICE CORPORAL 1.00
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PD04N0630-038 POLICE OFFICER 1.00
CP06N0731-003 PUBLIC SAFETY DISPATCHER II 1.00
PD04N0630-043 POLICE OFFICER 1.00
PD04N0630-037 POLICE OFFICER 1.00
CP06N0731-004 PUBLIC SAFETY DISPATCHER II 1.00
PD04N0615-002 POLICE CORPORAL 1.00
CP05N0165-002 COMMUNITY SERVICE OFFICER 1.00
PD04N0630-013 POLICE OFFICER 1.00
PD04N0630-011 POLICE OFFICER 1.00
PD04N0630-016 POLICE OFFICER 1.00
PD04N0630-017 POLICE OFFICER 1.00
PD04N0630-025 POLICE OFFICER 1.00
PD04N0630-018 POLICE OFFICER 1.00
PD04N0630-042 POLICE OFFICER 1.00
PD04N0630-020 POLICE OFFICER 1.00
PD05N0629-002 POLICE TRAINEE 1.00
MP03E0633-010 POLICE SERGEANT 1.00
PD04N0630-031 POLICE OFFICER 1.00
PD04N0630-034 POLICE OFFICER 1.00
MP03E0633-003 POLICE SERGEANT 1.00
Home department : 001-4224 (Count: 28)
-
FD03N0365-003 FIRE ENGINEER 1.00
M202E0300-002 FIRE CAPTAIN 1.00
M202E0300-004 FIRE CAPTAIN 1.00
M202E0300-005 FIRE CAPTAIN 1.00
FD03N0365-005 FIRE ENGINEER 1.00
FD04N0371-013 FIRE FIGHTER/PARAMEDIC 1.00
FD03N0365-008 FIRE ENGINEER 1.00
FD04N0371-002 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-009 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-011 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-011 FIRE CAPTAIN 1.00
FD03N0365-009 FIRE ENGINEER 1.00
FD03N0365-012 FIRE ENGINEER 1.00
M202E0300-012 FIRE CAPTAIN 1.00
M202E0295-001 FIRE BATTALION CHIEF 1.00
M202E0295-002 FIRE BATTALION CHIEF 1.00
M202E0295-003 FIRE BATTALION CHIEF 1.00
FD03N0365-013 FIRE ENGINEER 1.00
FD04N0371-015 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-007 FIRE CAPTAIN 1.00
MF01E0315-001 FIRE CHIEF 1.00
FD03N0365-001 FIRE ENGINEER 1.00
M202E0300-003 FIRE CAPTAIN 1.00
CP03N0375-001 FIRE INSPECTOR I 1.00
M202E0300-001 FIRE CAPTAIN 1.00
FD03N0365-002 FIRE ENGINEER 1.00
FD04N0371-004 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-007 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-010 FIRE CAPTAIN 1.00
MM02E0362-001 FIRE MARSHAL 1.00
FD03N0365-010 FIRE ENGINEER 1.00
MM02E0490-001 MANAGEMENT ANALYST 1.00
FD04N0373-001 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-002 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-003 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-004 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-005 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-006 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-007 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-008 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N0373-009 FIRE FIGHTER/PARAMEDIC* 1.00
Home department : 001-4230 (Count: 44)
FD04N0373-010 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N03737-011 FIRE FIGHTER/PARAMEDIC* 1.00
FD04N03737-012 FIRE FIGHTER/PARAMEDIC* 1.00
-
FD03N0365-006 FIRE ENGINEER 1.00
FD04N0371-014 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-008 FIRE CAPTAIN 1.00
M202E0300-009 FIRE CAPTAIN 1.00
FD04N0371-001 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-003 FIRE FIGHTER/PARAMEDIC 1.00
FD03N0365-007 FIRE ENGINEER 1.00
FD03N0365-011 FIRE ENGINEER 1.00
FD04N0371-006 FIRE FIGHTER/PARAMEDIC 1.00
FD04N0371-008 FIRE FIGHTER/PARAMEDIC 1.00
M202E0300-006 FIRE CAPTAIN 1.00
-
NM08N0793-003 STREET MAINTENANCE WORKER II 1.00
NM07N0800-001 STREET SUPERVISOR 1.00
NM07N0791-001 STREET MAINTENANCE CREW LEADER 1.00
NM07N0779-001 SIGNAL LIGHT TECHNICIAN 1.00
NM08N0792-001 STREET MAINTENANCE WORKER I 1.00
NM07N0791-002 STREET MAINTENANCE CREW LEADER 1.00
NM08N0792-003 STREET MAINTENANCE WORKER I 1.00
NM08N0793-002 STREET MAINTENANCE WORKER II 1.00
NM08N0792-002 STREET MAINTENANCE WORKER I 1.00
MM03E0795-002 STREET MANAGER 1.00
NM07N0779-002 SIGNAL LIGHT TECHNICIAN 1.00
NM08N0794-001 TRAFFIC MAINTENANCE WORKER 1.00
-
NM08N0701-001 COMMUNITY MAINTENANCE WORKER 1.00
NM08N0700-001 SENIOR COMMUNITY MAINTENANCE WORKER 1.00
-
CP06N0235-006 DEPARTMENT ASSISTANT II 1.00
MM01E0696-001 COMMUNITY SERVICES DIRECTOR 1.00
CP06N0025-001 SR. ADMINISTRATIVE ASSISTANT 1.00
-
NM08N0565-001 PARKS MAINTENANCE SUPERVISOR 1.00
NM08N0535-001 PARKS MAINTENANCE TECHNICIAN 1.00
NM08N0545-001 PARKS MAINTENANCE WORKER I 1.00
NM08N0550-002 PARKS MAINTENANCE WORKER II 1.00
NM08N0550-003 PARKS MAINTENANCE WORKER II 1.00
NM08N0535-002 PARKS MAINTENANCE TECHNICIAN 1.00
Home department : 001-4231 (Count: 11)
Home department : 001-4320 (Count: 12)
Home department : 001-4322 (Count: 2)
Home department : 001-4400 (Count: 3)
Home department : 001-4410 (Count: 14)
NM08N0545-003 PARKS MAINTENANCE WORKER I 1.00
NM08N0550-007 PARKS MAINTENANCE WORKER II 1.00
NM03N0564-001 LANDSCAPE MAINTENANCE TECH 1.00
MM03E0561-002 PARKS MAINTENANCE MANAGER 1.00
NM08N0550-001 PARKS MAINTENANCE WORKER II 1.00
NM08N0550-004 PARKS MAINTENANCE WORKER II 1.00
NM08N0566-001 PARK RANGER 1.00
NM08N0545-006 PARKS MAINTENANCE WORKER I 1.00
-
MM03E0685-004 RECREATION SUPERVISOR 1.00
MM03E0685-005 RECREATION SUPERVISOR 1.00
MM03E0685-001 RECREATION SUPERVISOR 1.00
MM03E0685-003 RECREATION SUPERVISOR 1.00
NM08N0703-001 HOMELESS PREVENTION COORDINATOR-CONTRACT 1.00 MM01E0692-001 ASSISTANT COMMMUNITY SRVCS DIR 1.00
-
MM02E0435-002 LIBRARIAN 1.00
MM01E0484-001 LIBRARY MANAGER 1.00
CP05N0445-003 LIBRARY ASSISTANT 1.00
CP05N0740-002 SENIOR LIBRARY ASSISTANT 1.00
CP05N0445-006 LIBRARY ASSISTANT 1.00
MM02E0435-001 LIBRARIAN 1.00
CP05N0445-002 LIBRARY ASSISTANT 1.00
CP05N0740-001 SENIOR LIBRARY ASSISTANT 1.00
MM02E0435-003 LIBRARIAN 1.00
-
NM07N0495-001 MECHANIC II 1.00
NM06N0570-002 PARTS AND INVENTORY CLERK 1.00
NM07N0569-001 SHOP AND PARTS SPECIALIST 1.00
NM07N0382-001 MECHANIC I 1.00
NM07N0495-004 MECHANIC II 1.00
NM07N0495-003 MECHANIC II 1.00
MM03E0380-001 FLEET MAINTENANCE SUPERINTENDE 1.00
NM07N0382-003 MECHANIC I 1.00
NM07N0382-002 MECHANIC I 1.00
NM07N0379-001 LEAD MECHANIC 1.00
-
CP06N0230-005 DEPARTMENT ASSISTANT I 1.00
-
CP03E0089-001 ASSISTANT PLANNER 1.00
MM02E0721-001 HOUSING & GRANTS SPECIALIST 1.00
MM01E0752-001 PRINCIPAL PLANNER 1.00
Home department : 007-4450 (Count: 1)
Home department : 008-4610 (Count: 6)
Home department : 004-4510 (Count: 10)
Home department : 001-4420 (Count: 6)
Home department : 001-4451 (Count: 9)
CP06N0025-004 SR. ADMINISTRATIVE ASSISTANT 1.00
CP03E0089-002 ASSISTANT PLANNER 1.00
MM01E0725-001 HOUSING & GRANTS MANAGER 1.00
-
CP03N0580-001 PLANS EXAMINER 1.00
CP03N0121-001 BUILDING INSPECTOR II 1.00
CP03N0596-001 PERMIT TECHNICIAN 1.00
MM01E0134-001 CHIEF BUILDING OFFICIAL 1.00
CP03N0120-001 BUILDING INSPECTOR I 1.00
CP03N0120-002 BUILDING INSPECTOR I 1.00
MM06E0598-001 PERMIT CENTER COORDINATOR 1.00
CP03N0596-002 PERMIT TECHNICIAN 1.00
CP03N0596-003 PERMIT TECHNICIAN 1.00
-
CP03N0660-002 PUBLIC WORKS INSPECTOR 1.00
CP03N0245-002 ENGINEERING ASSISTANT 1.00
MM02E0156-001 SENIOR CIVIL ENGINEER 1.00
MM02E0156-002 SENIOR CIVIL ENGINEER 1.00
MM01E0651-001 CITY ENGINEER 1.00
CP03N0660-001 PUBLIC WORKS INSPECTOR 1.00
CP03N0245-003 ENGINEERING ASSISTANT 1.00
CP03N0252-001 SENIOR ENGINEERING ASSISTANT 1.00
CP03N0245-004 ENGINEERING ASSISTANT 1.00
-
NM08N0945-001 WATER UTILITY MAINT. WORKER I 1.00
NM08N0935-002 WATER UTILITY CREW LEADER 1.00
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NM08N0945-002 WATER UTILITY MAINT. WORKER I 1.00
NM08N0945-003 WATER UTILITY MAINT. WORKER I 1.00
NM08N0500-002 METER READER 1.00
MM01E0650-001 PUBLIC WORKS DIRECTOR 1.00
NM08N0945-005 WATER UTILITY MAINT. WORKER I 1.00
NM08N0935-003 WATER UTILITY CREW LEADER 1.00
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NM08N0500-001 METER READER 1.00
NM08N0950-002 WATER UTILITY MAINT. WORKER II 1.00
NM08N0926-001 WATER CONSERVATION WORKER 1.00
Home department : 008-4620 (Count: 9)
Home department : 008-4630 (Count: 9)
Home department : 010-4610 (Count: 21)
NM0070965-001 WATER UTILITY SUPERVISOR 1.00
NM08N0945-008 WATER UTILITY MAINT. WORKER I 1.00
NM08N0945-007 WATER UTILITY MAINT. WORKER I 1.00
-
CP06N0230-004 DEPARTMENT ASSISTANT I 1.00
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NM08N0780-010 SOLID WASTE OPERATOR 1.00
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CP06N0230-001 DEPARTMENT ASSISTANT I 1.00
NM08N0781-003 SOLID WASTE MAINTENANCE WORKER 1.00
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CP06N0025-003 SR. ADMINISTRATIVE ASSISTANT 1.00
NM08N0780-011 SOLID WASTE OPERATOR 1.00
NM08N0780-014 SOLID WASTE OPERATOR 1.00
NM03N0790-001 SOLID WASTE SUPERVISOR 1.00
NM08N0780-012 SOLID WASTE OPERATOR 1.00
NM08N0772-001 CONSERVATION COORDINATOR 1.00
NM08N0780-001 SOLID WASTE OPERATOR 1.00
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NM08N0781-002 SOLID WASTE MAINTENANCE WORKER 1.00
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-
NM08N0765-003 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-001 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-002 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-008 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-009 SENIOR SOLID WASTE OPERATOR 1.00
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NM08N0765-006 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-007 SENIOR SOLID WASTE OPERATOR 1.00
NM07N0776-003 SR SOLID WASTE MAINTENANCE WKR 1.00
NM08N0765-011 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-012 SENIOR SOLID WASTE OPERATOR 1.00
Home department : 012-4710 (Count: 26)
Home department : 012-4711 (Count: 11)
-
NM08N0765-010 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-004 SENIOR SOLID WASTE OPERATOR 1.00
NM08N0765-005 SENIOR SOLID WASTE OPERATOR 1.00
-
NM08N0875-001 WASTEWATER COLL. MAINT. WKR II 1.00
NM03N0844-001 WASTEWATER COLL. MAINT. SUPV 1.00
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NM08N0870-001 WASTEWATER COLL. MAINT. WKR I 1.00
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NM08N0870-004 WASTEWATER COLL. MAINT. WKR I 1.00
NM08N0870-002 WASTEWATER COLL. MAINT. WKR I 1.00
MM02E0489-004 SENIOR MANAGEMENT ANALYST 1.00
-
MM01E0105-001 ASST PUBLIC WORKS DIRECTOR 1.00
NM03N0900-001 WWTP OPERATOR III 1.00
NM05N0880-003 WASTEWATER MAINT. TECHNICIAN I 1.00
NM03N0430-001 LABORATORY TECHNICIAN 1.00
NM03N0900-003 WWTP OPERATOR III 1.00
CP06N0235-007 DEPARTMENT ASSISTANT II 1.00
NM05N0895-004 WWTP OPERATOR II 1.00
NM08N0905-002 WWTP OPERATOR TRAINEE 1.00
NM05N0895-006 WWTP OPERATOR II 1.00
MM03E0885-001 WW TREATMENT PLANT MANAGER 1.00
NM05N0895-008 WWTP OPERATOR II 1.00
NM05N0895-003 WWTP OPERATOR II 1.00
NM05N0880-001 WASTEWATER MAINT. TECHNICIAN I 1.00
NM05N0895-002 WWTP OPERATOR II 1.00
NM05N0880-002 WASTEWATER MAINT. TECHNICIAN I 1.00
NM05N0425-001 LABORATORY ASSISTANT 1.00
NM03N0877-001 WASTEWATER ELECTRICAL TECH I 1.00
NM03N0432-001 LABORATORY SUPERVISOR 1.00
NM08N0543-001 GROUNDS MAINTENANCE WORKER 1.00
NM03N0881-001 WASTEWATER MAINT TECHNICIAN II 1.00
NM05N0890-001 WWTP OPERATOR I 1.00
NM03N0866-001 WASTEWATER MAINTENANCE SUPERVI 1.00
NM08N0905-001 WWTP OPERATOR TRAINEE 1.00
NM03N0902-001 WWTP LEAD OPERATOR 1.00
NM03N0902-002 WWTP LEAD OPERATOR 1.00
MM02E0914-001 WWTP SUPERINTENDENT 1.00
NM05N0405-002 ENVIRONMENTAL COMPLIANCE INSP 1.00
- Home department : 033-4225 (Count: 1)
Home department : 012-4713 (Count: 3)
Home department : 015-4651 (Count: 8)
Home department : 015-4652 (Count: 27)
PD04N0630-022 POLICE OFFICER 1.00
-
NM08N0190-001 CUSTODIAN 1.00
NM08N0190-002 CUSTODIAN 1.00
NM08N0190-005 CUSTODIAN 1.00
NM08N0190-007 CUSTODIAN 1.00
NM03N0275-003 FACILITIES MAINT. TECHNICIAN 1.00
NM03N0275-001 FACILITIES MAINT. TECHNICIAN 1.00
NM03N0275-002 FACILITIES MAINT. TECHNICIAN 1.00
NM08N0190-006 CUSTODIAN 1.00
MM03E0272-001 FACILITIES & AIRPORT MAINT MGR 1.00
NM03N0493-001 SAFETY COORDINATOR 1.00
NM08N0190-003 CUSTODIAN 1.00
NM03N0275-004 FACILITIES MAINT. TECHNICIAN 1.00
CP06N0030-006 ADMINISTRATIVE ASSISTANT 1.00
-
MM02E0886-001 PROJECT MANAGER 1.00
CP02N0255-001 CONSTRUCTION COORDINATOR 1.00
MM02E0886-002 PROJECT MANAGER 1.00
CP02N0255-002 CONSTRUCTION COORDINATOR 1.00
MM02E0886-003 PROJECT MANAGER 1.00
TOTAL FTE 401.00
Home department : 048-4530 (Count: 13)
Home department : 600-4600 (Count: 5)
*Flex Firefighter/Paramedic or Firefighter/EMT
Staff Report
Meeting: City Council
Date: April 15, 2025
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Approval of Budget Adjustments
RECOMMENDED ACTION
Adopt a resolution approving adjustments to the City of Tulare Fiscal Year 2025 budget.
SUMMARY
On April 1, 2025, City staff presented the Fiscal Year 2025 Mid-Year Budget Review and recommended/requested budget adjustments to the City Council. However, Council did not take action on the proposed budget adjustments and directed staff to bring them forward for consideration at the regular City Council meeting on April 15, 2025.
Budget Adjustments
During the mid-year budget review process, Department of Finance staff worked with staff of other departments to afford them the opportunity to submit budget adjustment requests based upon actual or projected budgetary requirements not anticipated during the annual budgeting process. Exhibit A to this staff report reflects the recommended and requested adjustments.
In addition to the fiscal year 2025 adjustments, an adjustment is necessary to reclassify the $1.9 million fiscal year 2024 General Fund transfer to the Financing Authority Debt Service Fund for payment of 2023 energy project debt service as an expenditure. This reclassification is simply an adjustment to the manner in which the amount is reflected in the budget and on the City’s general ledger and will have no net impact to the General Fund.
FISCAL IMPACT & FUNDING SOURCES
See attached Exhibit A for detail of recommended and requested budget adjustments and totals by fund.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
Adopting the proposed mid-year adjustments will authorize expenditures deemed necessary by staff to effectively carry out its responsibilities. If City Council does not approve the proposed changes, the budget may be exceeded, and/or staff may be unable to perform its work effectively as possible.
ATTACHMENTS
1. Resolution
2. Exhibit A – Mid-Year Budget Adjustments, Fiscal Year 2025 Reviewed/Approved:
Item #: 12.4
General Business
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE FISCAL YEAR 2025 BUDGET
WHEREAS, on June 18, 2024, the City Council adopted the City of Tulare’s Fiscal Year 2025 Adopted Budget following a public hearing; and
WHEREAS, as part of the mid-year budget review process, the Department of Finance reviewed actual revenues and expenditures for the first six months of the fiscal year and projected the same through the remainder of the fiscal year; and
WHEREAS, on April 1, 2025, City staff delivered a mid-year budget review to Council, which included a request to amend the budget for Council’s review and consideration; and WHEREAS, in accordance with Administrative Policy CM-10 Budget Policies and Practices, the City Council may amend or supplement the budget any time after its adoption; and WHEREAS, City staff has proposed specific amendments to the Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City Council authorizes amendments to the Fiscal Year 2025 Adopted Budget up to the amounts presented in Exhibit A; and
Section 2. The City Council authorizes reclassification of $1,886,667 million fiscal year 2024 General Fund transfer to the Financing Authority Debt Service Fund for payment of 2023 energy project debt service as an expenditure.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of April 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
Exhibit A
Fund
Department Expenditure Account
Appropn/Trfr
Amount Revenue Account if Applicable
Rev./Trfr
Amount
Net Use of
Fund Balance
General Fund (001)
1 Fire Salaries & Benefits ($686,700) ($686,700) $0
(686,700) 2025 FEMA SAFER Grant
(001-3317-048)
(686,700)
2 Non-Departmental Debt Service $443,301 $443,301
10,317
432,984
3 Non-Departmental Transfers Out ($703,536) ($703,536)
(703,536)
General Fund - Unassigned Fund Balance ($946,935) ($686,700) ($260,235) General Fund Total ($946,935) ($686,700) ($260,235)
SUPPLEMENTAL APPROPRIATION REQUESTS
Fiscal Year 2025
Various accounts (001-4230-1***)
Move (12) grant-fund firefighter positions to new Fire Department Grants Fund.
Energy Debt - Interest (001-4110-8304)
Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service interest payment to expenditure.
Energy Debt - Principal (001-4110-8204)
Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service principal payment to expenditure.
Transfer to Financing Authority Debt Service Fund (001-4110-9017) Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service payments to expenditure.
1 of 7
Exhibit A
Fund
Department Expenditure Account
Appropn/Trfr
Amount Revenue Account if Applicable
Rev./Trfr
Amount
Net Use of
Fund Balance
SUPPLEMENTAL APPROPRIATION REQUESTS
Fiscal Year 2025
Senior Services Fund (007)
1 Senior Services Maintenance & Operations $25,000 $25,000 Professional & Technical Services (007-4450-2017) 25,000 Meal service has exceeded projections by 1,000 meals per month, necessitating resource adjustments.
2 of 7
Exhibit A
Fund
Department Expenditure Account
Appropn/Trfr
Amount Revenue Account if Applicable
Rev./Trfr
Amount
Net Use of
Fund Balance
SUPPLEMENTAL APPROPRIATION REQUESTS
Fiscal Year 2025
Water Fund (010) (INFORMATIONAL. SUBJECT TO BPU APPROVAL.) 1 Administration/Sales/Collections Maintenance & Operations $271,858 $271,858 271,858
2 Non-Departmental Debt Service $3,964 $3,964
92 3,872
3 Non-Departmental Transfers Out ($16,756) ($16,756)
(16,756)
Water Fund Total $259,066 $0 $259,066
Taxes (010-4610-2046)
Payment of for arbitrage rebate, yield reduction, & penalty rebate related to the 2020 Water Revenue Bond.
Energy Debt - Principal (010-4110-8204)
Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service principal payment to expenditure.
Energy Debt - Interest (010-4110-8304)
Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service interest payment to expenditure.
Transfer to Financing Authority Debt Service Fund (010-4110-9017) Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service payments to expenditure.
3 of 7
Exhibit A
Fund
Department Expenditure Account
Appropn/Trfr
Amount Revenue Account if Applicable
Rev./Trfr
Amount
Net Use of
Fund Balance
SUPPLEMENTAL APPROPRIATION REQUESTS
Fiscal Year 2025
Wastewater Fund (015) (INFORMATIONAL. SUBJECT TO BPU APPROVAL.) 1 Non-Departmental Debt Service $9,790 $9,790
228
9,562
2 Non-Departmental Transfers Out ($41,375) ($41,375)
(41,375)
Wastewater Fund Total ($31,585) $0 ($31,585)
Energy Debt - Principal (015-4110-8204)
Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service principal payment to expenditure.
Energy Debt - Interest (015-4110-8304)
Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service interest payment to expenditure.
Transfer to Financing Authority Debt Service Fund (010-4110-9017) Reclassify transfer (to Financing Authority Debt Service Fund [017]) for energy debt service payments to expenditure.
4 of 7
Exhibit A
Fund
Department Expenditure Account
Appropn/Trfr
Amount Revenue Account if Applicable
Rev./Trfr
Amount
Net Use of
Fund Balance
SUPPLEMENTAL APPROPRIATION REQUESTS
Fiscal Year 2025
Financing Authority Debt Service Fund (017)
1 Non-Departmental Debt Service ($1,886,667) ($761,667) ($1,125,000) (1,386,855) Transfer from General Fund
(017-3990-001)
(703,536)
(499,812) Transfer from Water Fund
(017-3990-010)
(16,756)
Transfer from Wastewater Fund
(017-3990-015)
(41,375)
Fire Department Grants Fund (TbD)
1 Fire Salaries & Benefits $686,700 $686,700 $0
675,000 2025 FEMA SAFER Grant
(TbD-3317-048)
686,700
General Insurance Fund (062)
1 General Insurance Maintenance & Operations $3,902,193 $3,902,193 3,902,193
Property Management Fund (048)
1 Facilities Maintenance Maintenance & Operations $15,000 $15,000 15,000
Liability & Fire Insurance (062-4956-2041)
Unbudgeted premium payment(s).
Department charges & corresponding revenues budgeted.
General Supplies (048-4530-2032)
Purchase cleaning supplies & equipment for courthouse maintenance.
Various accounts (***-4230-1***)
Establish Fire Department Grants Fund & move (12) grant-fund firefighter positions from General Fund.
Energy Debt - Principal (017-4115-8204)
Remove energy debt service principal payment. (Reclassifed to General Fund, Water Fund, & Wastewater Fund expenditure.)
Energy Debt - Interest (017-4115-8304)
Remove energy debt service interest payment. (Reclassifed to General Fund, Water Fund, & Wastewater Fund expenditure.)
5 of 7
Exhibit A
Fund
Department Expenditure Account
Appropn/Trfr
Amount Revenue Account if Applicable
Rev./Trfr
Amount
Net Use of
Fund Balance
SUPPLEMENTAL APPROPRIATION REQUESTS
Fiscal Year 2025
Surface Water Management Fund (067)
1 Surface Water Management Salaries & Benefits $14,000 $14,000 14,000
2 Surface Water Management Maintenance & Operations $8,000 $8,000 8,000 8,000
Surface Water Management Fund Total $22,000 $0 $22,000
Regular Salaries (067-4967-1021)
Repairs & Maintenance (067-4967-2014)
Higher-than-expected repair & maintenance costs.
6 of 7
Exhibit A
Fund
Department Expenditure Account
Appropn/Trfr
Amount Revenue Account if Applicable
Rev./Trfr
Amount
Net Use of
Fund Balance
SUPPLEMENTAL APPROPRIATION REQUESTS
Fiscal Year 2025
Fleet Replacement Fund (604)
1 Solid Waste, Residential Capital Outlay $386,852 $386,852 $0 386,852 Lease Vehicle, Solid Waste
(604-3210-012)
Fleet Vehicles (604-4710-7500) 386,852
Appropriation for previously-approved (8/15/24) side-loader purchases. 7 of 7