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Tulare Public Library & Council Chamber Tuesday, May 6, 2025 491 North M Street, Tulare CA 93274 5:00 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
City Council Meeting Notice & Agenda Dennis A. Mederos
City Council Meeting Agenda Tuesday, May 6, 2025
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5:00 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 Fiscal Year 2026 Preliminary Budget Review.
Recommended Action: Review the proposed Fiscal Year 2026 budget and provide direction thereto. [M. Roberts]
3. ADJOURNMENT
7:00 P.M. REGULAR MEETING
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE AND INVOCATION - Brian Bell, Bishop of The Church of Jesus Christ Latter-day Saints, to deliver an invocation.
6. PROCLAMATIONS & RECOGNITIONS
6.1 National Salvation Army Week – May 12-18, 2025.
6.2 National Police Week – May 11-17, 2025.
6.3 National Public Works Week – May 18-24, 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. PRESENTATIONS
8.1 ENGIE Project Recap by Ashu Jain.
8.2 Pension Program Review and Cost Management Strategy Assessment by NHA.
9. 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.
10. COUNCIL REPORTS AND ITEMS OF INTEREST
City Council Meeting Agenda Tuesday, May 6, 2025
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11. 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.
11.1 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.
11.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of April 15, 2025. [M. Hermann]
11.3 Replace Existing FARO (Focus Laser Scanner).
Recommended Action: (1) Authorize the establishment of an Equipment Replacement appropriation of $60,952.02 and use of Equipment Replacement for purchase of a 3D Laser scanner for the Police Department; and
(2) Authorize the purchase of a FARO 3D Laser Scanner for the Police Department from ZNet Tech, LLC of Olney, Maryland, utilizing U.S. General Services Administration (“GSA”) Contract #47QTCA18D003S in the amount of $60,952.02 and authorize a 5% contingency of $3,048 for a total not to exceed the amount of $64,000. [G. Merrill]
11.4 Second Reading and Adoption of Ordinance 2025-05.
Recommended Action: Adopt Ordinance 2025-05 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]
11.5 Adding Annexed Territory to Council District.
Recommended Action: Adopt a resolution adopting the revised City Council Election District Boundaries to include the recently annexed territory through the Mission Creek Annexation to Council District 5. [M. Hermann]
11.6 Purchase of Bauer Self-Contained Breathing Apparatus Air Compressor.
Recommended Action: Authorize the City Manager to approve the purchase of a new Bauer Self-Contained Breathing Apparatus (SCBA) Air Compressor in the amount of $91,953.40 utilizing California State Purchasing Contract and approve the appropriation of up to $96,953.40 in Equipment Replacement Fund 623-4623-7702 for this project. [M. Ott]
11.7 Regional Surface Transportation Program Exchange Fund Claim.
Recommended Action: Adopt a resolution authorizing the City Finance Director to file a claim with the Tulare County Association of Governments (TCAG) for the City of Tulare’s Fiscal Year 2024-2025 apportionment of Regional Surface Transportation Program funds. [M. Miller]
11.8 Design Consultant Contract Amendment for Project EN0097.
Recommended Action: Authorize the City Manager or designee to sign a $47,000 contract amendment with Peters Engineering Group of Clovis, CA, for additional design services related to CIP Project EN0097 – International AgriCenter Way Extension. [M. Miller]
11.9 Purchase Portable Restroom Trailers for CIP for Project PK0033.
Recommended Action: Authorize the City Manager or designee to execute a contract for $112,899.35 with Ready 2 Go Restroom Trailer Sales LLC of Pittsburgh, GA, to procure portable restrooms as part of Project PK0033 Zumwalt Park Renovation. [M. Miller] City Council Meeting Agenda Tuesday, May 6, 2025
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11.10 Notice of Completion for Mooney Boulevard Frontage Improvements.
Recommended Action: (1) Accept as complete the required public works improvements for Mooney Boulevard frontage associated with Phases 2 and 3 of The Greens at Oak Creek residential subdivision;
(2) Authorize the City Engineer to sign a Notice of Completion (NOC); and (3) Direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]
11.11 Purchase of 8 Self-Contained-Breathing-Apparatus and Accessories.
Recommended Action: Authorize the City Manager to approve the purchase of 8 SelfContained-Breathing-Apparatus (SCBA) and accessories in the amount of $80,563.98. [M. Ott]
11.12 Downtown Tulare Property-Based Improvement District Committee Appointments.
Recommended Action: Appoint additional members to the Downtown Tulare Property-Based Improvement District (PBID) Committee to include Jennifer Gomez (replacing Marc Mondell), Chris Beck, Don LeBaron, Lino Pimentel, and Steven Macias. [J. Gomez]
11.13 Parcel Map Acceptance – TPM 2023-02.
Recommended Action: Approve the Parcel Map filed by Darshan Singh and Jagroop Sing, members of Jagroop & Taran Properties, LLC, a Michigan limited liability company, for the division of land located on the southeast corner of Prosperity Avenue and West Street for recordation, and accept all easements and dedications offered to the City. [M. Miller]
11.14 Initiate Proceedings for Formation of Landscape Maintenance District 2025-01.
Recommended Action: Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2025-01 for the Mission Creek Subdivision, and setting May 20, 2025, as the date for a public hearing regarding the same. [M. Miller]
11.15 CLOCEA Clarifying Side Letter.
Recommended Action: Approve a Side Letter of Agreement with the California League of City Employees Association (CLOCEA) regarding clarifying revisions and amendments to Memorandum of Understanding (MOU) adopted October 15, 2024. [S. Oneal; M. Zamora]
11.16 Sorrento Mooney Boulevard Short-term Deferred Improvement Agreement.
Recommended Action: Approve a short-term deferred improvement agreement with SJV Horizontal, LLC allowing the construction of frontage improvements along the west side of Mooney Boulevard (State Route 63) from Cartmill Avenue to Ribolla Avenue to be deferred for a maximum of four (4) years, or prior to the City’s acceptance of the required public improvements for the Sorrento subdivision, whichever occurs first. [M. Miller]
11.17 Conditional Final Map Acceptance – Sorrento Subdivision.
Recommended Action: Contingent on Council’s approval of the short-term deferred improvement agreement for the Sorrento Subdivision’s Mooney Boulevard frontage improvements, conditionally approve the final map and subdivision improvement agreement for the Sorrento Subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items before July 5, 2025. [M. Miller]
City Council Meeting Agenda Tuesday, May 6, 2025
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12. 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.
12.1 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. [M. Anaya]
This item was continued from the April 15 meeting; however, no action will be taken on this item at the May 6 meeting. A new public hearing will be noticed and held on May 20, 2025.
12.2 Vacancies and Recruitment and Retention Efforts.
Recommended Action: Conduct a public hearing on position vacancies and recruitment and retention efforts as mandated by California Government Code 3502.3. [S. Oneal]
12.3 Resolution of Necessity for a Portion of Property Located at APN 172-040-031.
Recommended Action: Adopt a resolution declaring certain 1,821 square feet of real property located on APN 172-040-031, commonly known as 3158 East Bardsley Avenue, in the City of Tulare, County of Tulare, State of California, necessary for public purposes and authorizing the acquisition thereof in connection with the Bardsley Avenue Sidewalk Improvement Project. [M.
Miller; M. Zamora]
13. FUTURE AGENDA ITEMS - NONE SUBMITTED
14. STAFF UPDATES
15. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING
15.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representative: City Manager Mondell; Assistant City Manager Gaffery; City Attorney Zamora; Human Resources Director Oneal
Employee Organization: California League of City Employees Association (CLOCEA)
16. RECONVENE FROM CLOSED SESSION
17. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.
18. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, May 20, 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, May 1, 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 Council Members
From: Marc Mondell, City Manager
Subject: May 6, 2025 Agenda Memo
Date: May 1, 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.
5:00 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 Fiscal Year 2026 Preliminary Budget Review.
Recommended Action: Review the proposed Fiscal Year 2026 budget and provide direction thereto. [M. Roberts]
Summary: This is the first draft of the proposed budget for Fiscal Year 2026, which provides a preliminary overview of the City’s overall budget.
Total Budget – All Funds
Anticipated Revenues $183,390,400
Estimated Expenditures 154,911,667
General Fund
Anticipated General Fund Revenues $73,431,246
Anticipated General Fund Transfers In 58,370
Estimated Expenditures 66,910,418
Estimated Transfers Out 6,877,469
Financing Sources in Excess of Financing Uses $ (298,271) Fiscal Impact & Funding Source(s): There is no fiscal impact to the current Fiscal Year 2025 budget, as this is in preparation for the Fiscal Year 2026 budget.
Legal Review: This item does not require legal review.
Alternative Action: No alternative action is proposed at this time as this is part of the annual budget preparation.
3. ADJOURNMENT
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7:00 p.m. Regular Meeting
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE AND INVOCATION – Brian Bell, Bishop of The Church of Jesus Christ Latter-day Saints, to deliver an invocation.
6. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:05 p.m.]
6.1 National Salvation Army Week – May 11-17, 2025.
6.2 National Police Week – May 11-17, 2025 and Peace Officers Memorial Day – May 15, 2025.
6.3 National Public Works Week – May 18-24, 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. [Time Estimate: 7:20 p.m.]
8. PRESENTATIONS [Time Estimate: 7:35 p.m.]
8.1 ENGIE Project Recap by Ashu Jain.
8.2 Pension Program Review and Cost Management Strategy Assessment by NHA.
9. 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: 8:15 p.m.]
10. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 8:15 p.m.]
11. 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: 8:20 p.m.]
11.1 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.
11.2 Approval of City Council Meeting Minutes.
Recommended Action: Approve the minutes of the special and/or regular meeting of April 15, 2025. [M. Hermann]
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11.3 Replace Existing FARO (Focus Laser Scanner).
Recommended Action: (1) Authorize the establishment of an Equipment Replacement appropriation of $60,952.02 and use of Equipment Replacement for purchase of a 3D Laser scanner for the Police Department; and
(2) Authorize the purchase of a FARO 3D Laser Scanner for the Police Department from ZNet Tech, LLC of Olney, Maryland, utilizing U.S. General Services Administration (“GSA”) Contract #47QTCA18D003S in the amount of $60,952.02 and authorize a 5% contingency of $3,048 for a total not to exceed the amount of $64,000. [G. Merrill] Summary: A 3D scene scanner is a critical tool for police departments, enabling precise 3D documentation of crime scenes, accident sites, and other forensic investigations. However, over time, these devices can become outdated or unreliable due to technological advancements and wear from continuous use. Older models may suffer from slower processing speeds, reduced accuracy, and compatibility issues with newer software, making it difficult for police department personnel to efficiently capture and analyze critical evidence. To maintain the highest standards in forensic documentation, replacing an aging Faro scanner with a modern version is essential for ensuring accuracy and efficiency in investigations.
Law enforcement agencies must ensure that their forensic tools remain compliant with industry standards and legal requirements. Courts expect high-quality, accurate digital reconstructions, and an outdated scanner may not meet the evidentiary standards necessary for admissibility in court. As criminal cases increasingly rely on advanced forensic technology, police departments must proactively replace older scanners to avoid potential legal challenges. Upgrading to a new Faro scanner not only enhances operational efficiency but also strengthens the integrity of forensic investigations, ultimately improving the department's ability to serve and protect the community.
The current 3D scene scanner for Tulare Police Department was purchased in July,2019. We have been notified by the manufacturer that is no longer recommended to be used as a primary and needs to be replaced. The old scanner will be retained and used as a training device.
Fiscal Impact & Funding Source(s): This appropriation requires the use of Equipment Replacement Fund unassigned fund balance of $60,952.02 from Police Equipment. There are sufficient funds available in the Equipment Replacement, Police Equipment for this purchase.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
11.4 Second Reading and Adoption of Ordinance 2025-05.
Recommended Action: Adopt Ordinance 2025-05 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 Tulare City Council Page 4 of 17
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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.
The City Council passed to print the ordinance at the April 15 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 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.
11.5 Adding Annexed Territory to Council District.
Recommended Action: Adopt a resolution adopting the revised City Council Election District Boundaries to include the recently annexed territory through the Mission Creek Annexation to Council District 5. [M. Hermann]
Summary: Since 2012, the City has been comprised of five single-member electoral districts.
In 2021/2022, after the federal decennial census and under the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act (AB 849), the City Council held numerous redistricting public hearings. On March 15, 2022, the City Council adopted Resolution No. 2022-07, adjusting the boundaries of City Council Election Districts following the 2020 United States Census.
Pursuant to the California Elections Code (EC), after redistricting, a city council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances: 1) court order; 2) the council is settling a legal claim that its boundaries violate the U.S. Constitution, the federal Voting Rights Act; 3) the boundaries of the city change by the addition of territory due to annexation or by subtraction of territory; 4) the number of council members by districts is increased or decreased; or 5) an independent redistricting commission is established to adopt new council districts between federal decennial census. (EC § 21625, subd. (a))
On October 9, 2024, Annexation 2023-01, East Tulare No. 37 Mission Creek, was approved by the Tulare County Local Agency Formation Commission (LAFCO). This annexation added approximately 39.25 acres to the City of Tulare located at the Southwest corner of Bardsley Avenue and the Oakmore Street alignment.
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Since the annexation adds territory to the City, state law specifies that the City Council shall add the new territory to the nearest existing council district without changing the boundaries of other council districts. (EC § 21623, subd. (a))
City staff reviewed the City’s current boundaries and recommends the annexed area be absorbed by District 5 as the annexed area is adjacent to District 5. Accordingly, District 5 is the most appropriate designation until the City reviews its boundaries during the next decennial census.
Upon City Council adoption and approval, the City Clerk will transmit the City Council action to the County of Tulare Registrar of Voters (ROV). The City’s next regular municipal election is November 3, 2026. The City is not expected to adjust voting districts until the next decennial census in 2030.
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.
11.6 Purchase of Bauer Self-Contained Breathing Apparatus Air Compressor.
Recommended Action: Authorize the City Manager to approve the purchase of a new Bauer Self-Contained Breathing Apparatus (SCBA) Air Compressor in the amount of $91,953.40 utilizing California State Purchasing Contract and approve the appropriation of up to $96,953.40 in Equipment Replacement Fund 623-4623-7702 for this project. [M. Ott] Summary: The fire department is requesting approval for the City Manager to execute a contract with Bauer Compressors of Livermore, California in the amount of $91,953.40 to purchase, deliver, install, and provide training to City of Tulare Fire Department personnel a new SCBA air compressor. The contracted price is $91,953.40 with a request for an additional allocation of up to $5,000 for Facilities Maintenance to ensure all electrical requirements are installed or upgrades to meet the specifications of the new compressor.
Currently, the fire department has a 16-year-old Bauer 2-bay fill station compressor at Fire Station 61. Over the past few months, this unit has required extensive maintenance and was out of service for 10 days. Thus, reducing the capabilities of the fire department to fill their SCBA after emergency response and ensure firefighters have safe and dependable breathing air. Like all mechanical equipment, aging, wear and tear is inevitable, and this compressor can no longer be reliable for use as the primary means to fill firefighter SCBA bottles. Additionally, with the increased staffing and the utilization of more SCBA bottles during emergency response, the likely hood of more frequent breakdowns is probable and costly. As this unit only has 2-bays to fill SCBA bottles, it takes approximately 2-3-hours to re-fill the bottle and make ready for the next emergency. Finally, whereas the fire department has back-up equipment like fire engines, Jaws of Life…etc. as second count during lifesaving interventions, this compressor still has some use. It will be relocated to Fire Station 63 as a back-up and will be utilized during training exercises at that location.
The new Bauer Unicus 4S/18H-E3 is equipped with a 3-bay filling station and new technology to fill SCBA bottles more efficiently and safer. Therefore, reducing the filling time from 2-3 hours to around 1.5 hours, which expedites getting the fire crews back in service to provide fast emergency response. Bauer is the department’s current maintenance contractor which will provide consistency in the equipment’s care and serviceability for its lifespan.
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Fiscal Impact & Funding Source(s): This project requires appropriation and use of Equipment Replacement Fund (Fund 623) unassigned fund balance of $96,953.40.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
11.7 Regional Surface Transportation Program Exchange Fund Claim.
Recommended Action: Adopt a resolution authorizing the City Finance Director to file a claim with the Tulare County Association of Governments (TCAG) for the City of Tulare’s Fiscal Year 2024-2025 apportionment of Regional Surface Transportation Program funds. [M. Miller] Summary: Each year, the City receives an apportionment of federal Regional Surface Transportation Program (RSTP) funds in exchange for State Highway Account funds from the Tulare County Association of Governments (TCAG). For Fiscal Year 2024-2025, the amount of RSTP funds available to claim from TCAG is $455,751.77.
In order for the City to receive distribution of RSTP funds, TCAG requires a Resolution of the City Council authorizing a specific person to file the claim form. Attached is a draft Resolution authorizing the Finance Director to sign and submit the claim to TCAG for RSTP funds in the amount of $455,751.77 For Fiscal Year 2024-2025. The funds will be allocated to CIP Project EN0074 – Cross Avenue Improvements. This project is programmed in the City’s Capital Improvement Program for Fiscal Years 2023/2024 thru 2027/2028.
Fiscal Impact & Funding Source(s): There is no immediate fiscal impact associated with this authorization. Upon successful claim and award of RSTP funds, staff will return to the City Council for approval and appropriation of the funds to the Gas Tax Fund, as required by TCAG.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny - Denial would result in the loss of RSTP funding allocated to the City for Fiscal Year 2024-2025; or 3) Table - Delay in the adoption of the subject resolution could jeopardize the RSTP funding allocation.
11.8 Design Consultant Contract Amendment for Project EN0097.
Recommended Action: Authorize the City Manager or designee to sign a $47,000 contract amendment with Peters Engineering Group of Clovis, CA, for additional design services related to CIP Project EN0097 – International AgriCenter Way Extension. [M. Miller] Summary: On December 20, 2022, City Council approved a contract with Peters Engineering Group (P.E.G.) of Clovis, CA in the amount of $324,555 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0097, a street and utility improvement project to extend International AgriCenter Way (IAC Way) from Laspina Street to Turner Drive. At the time, the project scope contemplated the extension of a gravity sewer main in International AgriCenter Way from Turner Drive as far to the west as the topography of the terrain would allow. As design of the project progressed, it became apparent that such a design would only allow for the sewer main to be extended to a location less than half the distance to Laspina Street. Significant portions of the properties that are expected to develop as a result of the new IAC Way interchange and the extension of IAC Way would be faced with the challenge on not being served by City sewer. In response, on October 17, 2024, the Board of Public Utilities authorized Carollo Engineers, Inc. to perform a sewer needs assessment to determine recommended solutions to serve the area. The findings of the Carollo study recommended the following improvements to provide service:
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• construction of a sanitary sewer lift station located on IAC Way in close proximity to its intersection with Laspina Street,
• construction of a sewer force main in IAC Way to pump flows from the lift station upgradient to Turner Drive, and
• construction of a gravity sewer in the westerly portion of the IAC Way extension to provide points of connection to adjacent properties.
The cost of constructing these improvements would pose a significant challenge to any individual property owner seeking to develop their property. Furthermore, installation of these improvements after construction of the IAC Way extension would require excavation and trenching in the new roadway. Incorporating the improvements into Project EN0097 is the preferred course of action. To that end, staff requested that P.E.G. provide a proposed contract addendum to incorporate the additional sewer improvements into their design. Staff also requested that P.E.G. include a work element to assist the City with the preparation and processing of all documentation associated with the $4 million in federal earmark funding allocated to the project. The proposed contract amendment from P.E.G. is attached for reference and would result in additional fees of $47,000. Project Management has reviewed the proposed contract amendment and concluded that the suggested costs are reasonable and in line with engineering consultant costs encountered on similar City projects.
Fiscal Impact & Funding Source(s): Additional costs would be charged to project account string EN0097-050-0200, “Professional Services/Consultant.” The funding sources contributing to this project include:
• Measure R Local
• Streets DIF Fund
• Water DIF Fund
• Sewer DIF Fund
• Other General Fund CIP
• Private Party Contributions (Benefit District)
• Federal Earmark
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by Council; 2) Deny - Should Council deny the request to amend the existing design contract with P.E.G., the City would not be able to incorporate sewer improvements necessary to serve properties in the vicinity of the International AgriCenter Way interchange into the project; or 3) Table - Postponing the amendment to the contract with P.E.G. could delay the project schedule and risk the loss of $4 million in federal funding.
11.9 Purchase Portable Restroom Trailers for CIP for Project PK0033.
Recommended Action: Authorize the City Manager or designee to execute a contract for $112,899.35 with Ready 2 Go Restroom Trailer Sales LLC of Pittsburgh, GA, to procure portable restrooms as part of Project PK0033 Zumwalt Park Renovation. [M. Miller] Summary: On September 5, 2023, the City Council awarded contracts for the construction of the Zumwalt Park Renovation Project. This exciting initiative involved a complete redesign of the park, showcasing new amenities that are poised to drive the redevelopment and revitalization of Downtown Tulare. The improvements feature welcoming concrete flatwork, enhanced lighting, and landscaping upgrades, a brand-new playground, an engaging splash Tulare City Council Page 8 of 17
Agenda Memo - May 6, 2025
pad, an expanded restroom building, secure fencing, informative signage, and enhanced onsite utilities. Additionally, the existing gazebo will be beautifully renovated with new roofing, addressing crucial electrical and ADA accessibility improvements. The crowning addition to the park is the stunning new amphitheater building and stage, promising to be a vibrant hub for community events and gatherings.
The on-site restroom building includes a facility with six stalls, complemented by three additional restrooms at the amphitheater. This arrangement effectively supports daily park activities.
However, occupancy regulations require us to offer more restrooms during concerts or events.
For the initial trial concerts held in the Fall of 2024, the City rented portable restroom trailers for ADA and VIP use. While that solution was adequate, staff believes that the City’s purchase of its own portable restroom trailers would result in cost savings over time. Additionally, the City could utilize the restroom trailers for other City sponsored events held downtown or elsewhere in the community. Recognizing the benefit these units could provide, both the Chamber of Commerce and Tulare Downtown Association enthusiastically support the purchase.
Utilizing Source Well, the City identified Ready 2 Go Restroom Trailer Sales, which provided competitive quotes for both a standard and an ADA restroom trailer. These portable restroom options include two mobile restroom units. The standard unit provides 3 stations, and the ADA unit provides on ADA station plus 2 standard units. Each restroom suite has an individual entrance and is equipped with a vanity, shatterproof mirror, and pedestal flush toilet. The trailers are fully self-contained with a 105-gallon freshwater tank and a 450-gallon waste tank.
Additionally, they offer guests a climate-controlled environment, equipped with air conditioning and a heating strip. The cost of the ADA mobile restroom trailer would be $64,596.31, and the cost of the standard mobile restroom trailer would be $48,303.04. If approved by Council at this meeting, the vendor has indicated that delivery could occur prior to the first scheduled concert at Adventist Health Amphitheater on May 23.
Fiscal Impact & Funding Source(s): It is proposed that the purchase cost be changed to Project Account PK0033-050-0999, “Project Contingency”. Funding sources for Project PK0033 include:
• ARPA Federal Grant
• Parks DIF Fund
• Other General Fund CIP
• ENGIE Loan Proceeds
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by the Council; 2) Deny - If the Council denies the request to purchase the portable restrooms, the City will need to continue renting restrooms for every event; or 3) Table - Postponing the procurement of the restrooms may result in the City forfeiting its quoted price. Given current uncertainties in world markets, it is likely that subsequent quotes would result in higher costs.
11.10 Notice of Completion for Mooney Boulevard Frontage Improvements.
Recommended Action: (1) Accept as complete the required public works improvements for Mooney Boulevard frontage associated with Phases 2 and 3 of The Greens at Oak Creek residential subdivision;
(2) Authorize the City Engineer to sign a Notice of Completion (NOC); and Tulare City Council Page 9 of 17
Agenda Memo - May 6, 2025
(3) Direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller] Summary: D.R. Horton CA3, Inc. entered into a short term deferred improvement agreement recorded on October 10, 2022 (Document No. 2022-0061657) for Mooney Boulevard (Hwy 63) frontage improvements, including installation of curb and gutter, sidewalk, full pave out from lip of gutter to existing edge of pavement, street lights, and backing lot treatment (landscaping, irrigation, block wall) required for Phases 2 and 3 of The Greens at Oak Creek subdivision per Planning Commission Resolution No. 5248. The developer has completed construction of all required public works improvements in accordance with the approved plans and specifications for this development.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: The City’s standard NOC format has been reviewed and approved as to form by the City Attorney.
Alternative Action: 1) Approve with changes; 2) Deny - Not approving the NOC would prevent the City from maintaining backing lot treatment, sidewalk, and street lights and would also prevent the City from releasing the bonding currently on file with the City Clerk, which would require the developer to continue to pay for bonding until an NOC is recorded; or 3) Table - A delay in the City accepting the improvements would require the Developer to incur additional costs to maintain bonding for the required improvements.
11.11 Purchase of 8 Self-Contained-Breathing-Apparatus and Accessories.
Recommended Action: Authorize the City Manager to approve the purchase of 8 SelfContained-Breathing-Apparatus (SCBA) and accessories in the amount of $80,563.98. [M. Ott] Summary: The Fire Department requests City Manager approval to execute a purchase agreement with Cascade Fire Equipment of Medford, Oregon, for the acquisition of eight SelfContained Breathing Apparatus (SCBA) units and related accessories, totaling $80,563.98.
Cascade Fire Equipment was previously selected in December 2022 through a SourceWell statewide contract for the department’s initial SCBA purchase, which was partially funded by a FEMA grant. To ensure consistency with our current SCBA manufacturer and model, as well as to streamline maintenance, training, and warranty service, the department recommends purchasing the additional SCBAs directly from Cascade Fire Equipment at a non-contracted price. Following a thorough review, it was determined that the non-contracted price is $34,885.08 lower than the contracted options, providing a significant cost savings to the City.
These eight additional SCBAs are critical to completing the department’s full SCBA replacement initiative—ensuring that all response vehicles are fully equipped. This purchase also supports the department’s increased staffing under the FEMA SAFER Grant and allows for a limited number of back-up units to ensure operational readiness.
SCBAs are vital components of the personal protective equipment (PPE) ensemble worn by firefighters and play a crucial role in protecting their health and safety during emergency responses.
Fiscal Impact & Funding Source(s): This project requires appropriation and use of Equipment Replacement Fund (Fund 623) unassigned fund balance of $80,563.98.
Legal Review: This item does not require legal review.
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Agenda Memo - May 6, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
11.12 Downtown Tulare Property-Based Improvement District Committee Appointments.
Recommended Action: Appoint additional members to the Downtown Tulare Property-Based Improvement District (PBID) Committee to include Jennifer Gomez (replacing Marc Mondell), Chris Beck, Don LeBaron, Lino Pimentel, and Steven Macias. [J. Gomez] Summary: The current PBID committee that was appointed in January by the City Council attempted to meet a deadline for the FY2025/2026 tax assessment rolls, however, it was decided that further discussions should take place with property owners. Therefore, the process has been pushed, and the Committee will work toward approval for the FY2026/2027 tax assessment rolls. A tentative timeline has been attached for your reference.
To provide more collaboration with property owners, City staff request that the City Council appoint additional members to the committee to conduct outreach, discuss the proposed fee, and gather feedback.
Original appointments included the following:
• Patrick Isherwood, Mayor (Chairman)
• Donnette Silva Carter, President Tulare Chamber of Commerce (or her assign) • John Harman, Director (Tulare Downtown Association) (or his assign) • Gladys Gonzalez, Senior Management Analyst (Economic Development) • Marc Mondell, City Manager
Staff recommend that the City Council appoint the following additional individuals to the Committee:
• Chris Beck, property owner
• Don LeBaron, property owner
• Lino Pimentel, property owner
• Steven Macias, property owner
• Jennifer Gomez, Exec. Director of Economic Development & Redevelopment (Economic Development) to replace City Manager Marc Mondell
As the current agreement with NBS Services is coming to an end, City staff has requested the consultant to provide a new contract to continue the efforts of creating a PBID. If this amended contract is in excess of $50,000, staff will bring it back to City Council for approval.
Fiscal Impact & Funding Source(s): Additional costs will be incurred for services provided by NBS Services. The Council will be informed of this amount once submitted by the consultant.
Legal Review: This item was reviewed and approved by legal counsel.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
11.13 Parcel Map Acceptance – TPM 2023-02.
Recommended Action: Approve the Parcel Map filed by Darshan Singh and Jagroop Sing, members of Jagroop & Taran Properties, LLC, a Michigan limited liability company, for the division of land located on the southeast corner of Prosperity Avenue and West Street for recordation, and accept all easements and dedications offered to the City. [M. Miller] Tulare City Council Page 11 of 17
Agenda Memo - May 6, 2025
Summary: Tentative Parcel Map No. 2023-02 filed by Darshan Singh and Jagroop Sing would create seven parcels from one existing 7.2 acre parcel (zoned as C-3 retail commercial). The map was approved by the City of Tulare Parcel Map Committee on January 22, 2024. Parcel 1 would be 1.02 acre, Parcel 2 would be 1.12 acre, Parcel 3 would be 0.85 acre, Parcel 4 would be 0.92 acre, Parcel 5 would be 1.52 acre, Parcel 6 would be 1.32 acre and Parcel 7 would be
0.62 acre. A 6-foot public utility easement dedicated to the City along the parcels’ Prosperity Avenue and West Street frontages is provided on Map.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.
Alternative Action: 1) Approve with changes - Changes may result in delay to project continuing and additional financial burden to applicant; 2) Deny - Construction would not be permitted and would not allow for future development to occur; or 3) Table - The delay resulting from tabling the item could adversely impact the Developer’s project financing and completion.
11.14 Initiate Proceedings for Formation of Landscape Maintenance District 2025-01.
Recommended Action: Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2025-01 for the Mission Creek Subdivision, and setting May 20, 2025, as the date for a public hearing regarding the same. [M. Miller] Summary: The Owners and Developers of the approved Mission Creek tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located at the southwest corner of Bardsley Avenue and Oakmore Street. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries, • supplemental maintenance of local streets within the district boundaries, • maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries, and
• maintenance of a storm water retention basin.
A public hearing is required and is requested to be set for May 20, 2025. Adoption of the attached resolution is the initial step in the formation of the assessment district. The resolution initiates the proceedings for the establishment of the district, and sets May 20, 2025, as the date for the public hearing that is required prior to Council’s consideration of finalizing the district formation.
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 - Could delay the proposed development of the Mission Creek Subdivision; 2) Deny - Denial would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Mission Creek Subdivision. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries; or 3) Table - Tabling the item could delay the processing and approval of the pending Mission Creek Subdivision final map.
Tulare City Council Page 12 of 17
Agenda Memo - May 6, 2025
11.15 CLOCEA Clarifying Side Letter.
Recommended Action: Approve a Side Letter of Agreement with the California League of City Employees Association (CLOCEA) regarding clarifying revisions and amendments to Memorandum of Understanding (MOU) adopted October 15, 2024. [S. Oneal; M. Zamora] Summary: The City has met and conferred with CLOCEA and have reached an agreement on clarifying revisions and necessary amendments to the MOU adopted October 15, 2024. These changes are outlined on the attached Side Letter of Agreement and summarized below:
• Section XIV Salary: This section shall be repealed and replaced to correct salary adjustments for certain classifications that were reclassified during the recent compensation study. Initially, only Cost of Living Adjustments were applied, which inadvertently resulted in these positions earning less than the employees they supervise or are above in Year 3 of the MOU. The Side Letter proposes the following salary increases in Fiscal Years 2025/26 and 2026/27 to rectify the issue:
Classification FY2025/26 FY2026/27
Signal Ligh Technician II 5.80% 12.00%
Water Treatment Supervisor 7.55% 5.25%
Cross Connection Specialist 7.55% 5.25%
• Section H Standby Pay: This section shall be repealed and replaced to correct the unintentional omission of Wastewater Treatment Plant employees from Standby pay.
The revised language will also address a typographical error present in the original document.
• Section K Paid Holidays: This paragraph shall be repealed. It was mistakenly included to align with 3/12 and 4/12 shift schedule employees; however, dispatch employee holiday pay is already defined in the existing agreement and does not require further amendment.
Fiscal Impact & Funding Source(s): These proposed compensation modifications will be included in the proposed fiscal year 2025-26 budget.
Legal Review: The City Attorney has reviewed this item.
Alternative Action: 1) Approve with changes; 2) Provide staff direction; 3) Deny; or 4) Table.
Any changes or staff direction would require an additional meet and confer with CLOCEA. If the Side Letter is not approved, ambiguity and confusion surrounding the current language in the MOU will persist.
11.16 Sorrento Mooney Boulevard Short-term Deferred Improvement Agreement.
Recommended Action: Approve a short-term deferred improvement agreement with SJV Horizontal, LLC allowing the construction of frontage improvements along the west side of Mooney Boulevard (State Route 63) from Cartmill Avenue to Ribolla Avenue to be deferred for a maximum of four (4) years, or prior to the City’s acceptance of the required public improvements for the Sorrento subdivision, whichever occurs first. [M. Miller] Summary: SJV Horizontal, LLC (the Developer) is proposing to develop Phases 1 and 2 of the Sorrento Subdivision, located on the west side of Mooney Boulevard (State Route 63) between Cartmill Avenue and Ribolla Avenue, as a single phase. This subdivision will consist of 109 single-family residential lots. Per the conditions of approval for the Sorrento tentative subdivision Tulare City Council Page 13 of 17
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map, Mooney Boulevard (State Route 63) frontage improvements, including the undergrounding of overhead utilities, were required for the project’s frontage.
The City’s standard subdivision improvement agreement contains the following provisions which could impact the Subdivider’s ability to build and sell homes in the subdivision: “If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.”
Based on their experience in trying to design, permit and construct identical improvements along the Mooney Boulevard frontages of the Kensington Estates and Willow Glen subdivisions, the Subdivider anticipates that completion of the Mooney Boulevard frontage improvements could take four years. With the aforementioned provisions of the subdivision improvement agreement, such a timeline would certainly require the Subdivider to request multiple time extensions. To avoid the need for such extension requests, the Subdivider is asking to enter into a short-term deferred improvement agreement with the City for their Mooney Boulevard frontage improvements. This separate agreement along with associated surety would serve to secure completion of the frontage improvements, allowing for them to be separated from the other improvements tied to the subdivision improvement agreement. As the majority of the other improvements have already been completed, there would likely be no need to seek time extensions to the subdivision improvement agreement. The suggested term of the deferred improvement agreement is four years, based upon the Subdivider’s prior experience. Council could direct that the term of the agreement be shortened, which would have the effect of providing Council with a greater level of oversight regarding progress of the deferred improvements.
With the deferred improvement agreement, SJV Horizontal, LLC will be required to provide the City with a performance bond or other acceptable surety equal to 120% of the proposed improvement cost (total improvement cost plus 5% for each year that the improvements can be deferred) to secure their performance of the Mooney Boulevard improvements.
As has previously been shared with Council, staff has been negotiating with the Subdivider to incorporate the improvements of City CIP Project EN0101 – “Tesori-Bella Oaks Improvements” into the scope of their Mooney Boulevard frontage improvements. The engineer for both the City project and Sorrento subdivision are actively designing the improvements and working on cost estimates. Staff anticipates that this effort will be completed by July, at which time a Development agreement between the City and Subdivider for a joint project could be brought to Council for consideration. If a development agreement is executed, the Sorrento subdivision short-term deferred improvement agreement would be redundant and would no longer be necessary. It could be voided in conjunction with Council’s approval of the development agreement
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: The deferred improvement agreement has been reviewed and approved as to form by the City Attorney.
Alternative Action: 1) Approve with changes; 2) Deny - The City is collaborating with SJV Horizontal on a development agreement to complete the Sorrento and Tesori-Bella Oaks Mooney Boulevard frontage improvements as a single project. Rejecting the deferred improvement agreement could potentially jeopardize the Mooney development agreement between the Developer and the City; or 3) Table - A delay in the City’s approval of the deferred Tulare City Council Page 14 of 17
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improvement agreement will postpone the acceptance of the subdivision's final map, which will consequently delay the construction and occupancy of homes at Sorrento.
11.17 Conditional Final Map Acceptance – Sorrento Subdivision.
Recommended Action: Contingent on Council’s approval of the short-term deferred improvement agreement for the Sorrento Subdivision’s Mooney Boulevard frontage improvements, conditionally approve the final map and subdivision improvement agreement for the Sorrento Subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items before July 5, 2025. [M. Miller]
Summary: Planning Commission Resolution No. 5475, which was adopted on 03/11/2024, approved the tentative subdivision map for the Sorrento Subdivision. This subdivision is situated on the southwest corner of Cartmill Avenue and Mooney Boulevard (SR 63) and covers approximately 14 acres with a total of 125 single-family lots at full buildout. The development of the subdivision will be done in a single phase.
To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: The final map will be reviewed for compliance with applicable legal requirements prior to recordation.
Alternative Action: 1) Approve with changes - Changes would result in delay to the project schedule; 2) Deny - Construction of the proposed single-family residential construction project would not be permitted; or 3) Table - The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.
12. 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: 8:35 p.m.]
12.1 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. [M. Anaya]
This item was continued from the April 15 meeting; however, no action will be taken on this item at the May 6 meeting. A new public hearing will be noticed and held on May 20, 2025.
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 Tulare City Council Page 15 of 17
Agenda Memo - May 6, 2025
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.
12.2 Vacancies and Recruitment and Retention Efforts.
Recommended Action: Conduct a public hearing on position vacancies and recruitment and retention efforts as mandated by California Government Code 3502.3. [S. Oneal] Summary: Assembly Bill (“AB”) 2561 of 2024 requires public agencies to hold a public hearing to address the status of job vacancies and recruitment and retention efforts prior to the adoption of the agency’s annual budget.
The legislature’s intent of AB 2561 is to address the issue of job vacancies in local government, which can adversely impact the delivery of public service, may lead to heavier employee workloads, and may also lead to increased employee turnover.
Pursuant to Government Code § 3502.3, the City is required to do the following:
1. Public Hearing: At least once each fiscal year, at a public hearing before the governing body, the City shall present information regarding the status of vacancies and recruitment and retention efforts and identify any necessary changes to policies, procedures and recruitment activities that may lead to obstacles in the hiring process.
2. Employee Organization Participation: Allow the recognized employee organization for each bargaining unit within the City to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. There are four represented bargaining units at the City and all have been notified of the public hearing and advised of their right to address the Council on the matter.
3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20 percent of authorized full-time positions in that bargaining unit, the City must provide additional information during the public hearing, including the following: (1) the total number of vacancies; (2) the number of applicants; (3) the average time to fill positions; ad (4) opportunities to improve compensation and working conditions for employees in the bargaining unit.
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Agenda Memo - May 6, 2025
The following reflects the City’s represented and unrepresented bargaining units’ vacancy rates as of April 15, 2025:
Bargaining Unit Budgeted Vacancies Vacancy Rate
CA League of City Employees Association (CLOCEA)* 214 17 7.9% Tulare Police Officers Union (TPOU)* 61 5 8.2%
Tulare Professional Firefighter Association Mgmt*. 12 0 0% Tulare Professional Firefighter Association Non-Mgmt.* 36 0 0% Unrepresented Tulare Police Management Group (TPMG) 16 0 0% Unrepresented Tulare Fire Division Chief Officer Group 3 2 66.6% Unrepresented Management 49 3 6.1%
Unrepresented Department Heads 12 0 0%
Total 402 27 6.71%
*Represented Bargaining Unit
Compliance
No vacancy rates within any of the City’s four bargaining units meet or exceed 20 percent of authorized full-time positions in that bargaining unit.
The City continues to make improvements to the recruitment process to reduce the length of time to hire, including recruitment process changes, the current HR and financial system conversion underway, and opening of the employee health clinic.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with conducting this public hearing and receiving this report.
Legal Review: This item was reviewed by the City Attorney.
Alternative Action: 1) Provide staff direction; or 2) Table.
12.3 Resolution of Necessity for a Portion of Property Located at APN 172-040-031.
Recommended Action: Adopt a resolution declaring certain 1,821 square feet of real property located on APN 172-040-031, commonly known as 3158 East Bardsley Avenue, in the City of Tulare, County of Tulare, State of California, necessary for public purposes and authorizing the acquisition thereof in connection with the Bardsley Avenue Sidewalk Improvement Project. [M.
Miller; M. Zamora]
Summary: Staff has sent several communications to the owners of the subject property to acquire the above-referenced portion of the property (1,821 square feet). This portion of the property needs to be acquired in order to construct a sidewalk along the northside of East Bardsley Avenue as part of the Bardsley Avenue Sidewalk Improvement Project. Staff sent the property owners an initial offer to purchase a portion of the property on October 10, 2024. On February 21, 2025, staff sent the property owners a revised offer, in the sum of twenty-five thousand nine hundred and 00/100 dollars ($25,900.00), which consists of eighteen thousand three hundred and 00/100 dollars ($18,300.00) for a partial property fee acquisition in fee simple consisting of approximately 1,821 square feet and seven thousand six hundred and 00/100 dollars ($7,600.00) for curable damages, which total value represents the fair market value of the property to be acquired using the Sales Comparison approach. The City and the property owners have not been able to reach an agreement.
Staff is asking City Council to adopt a Resolution of Necessity. The City Attorney has prepared the attached Resolution of Necessity as authorized and for adopted by City Council. The Tulare City Council Page 17 of 17
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statutory offer and summary of the basis for just compensation, pursuant to Government Code Sections 7267.1 and 7267.2(a) and prepared by City, have been sent to the owners. Staff has also notified the above owners, in writing via first-class mail, and more than 15 days prior to the Council meeting, that this matter would be scheduled for this meeting’s agenda. In adopting a Resolution of Necessity, the City Council must find that the public interest and necessity require the project, that the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury, and that the property sought to be acquired is necessary for the project. Passage of the Resolution requires a two-thirds vote of all members of the City Council
Fiscal Impact & Funding Source(s): Fiscal impact has yet to be determined.
Legal Review: The proposed resolution was reviewed by the City Attorney.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table - A delay in adopting the resolution may delay progress for the Bardsley Avenue Sidewalk Project.
13. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:30 p.m.]
14. STAFF UPDATES [Time Estimate: 9:30 p.m.]
15. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 9:35 p.m.]
15.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representative: City Manager Mondell; Assistant City Manager Gaffery; City Attorney Zamora; Human Resources Director Oneal
Employee Organization: California League of City Employees Association (CLOCEA)
16. RECONVENE FROM CLOSED SESSION [Time Estimate: 10:00 p.m.]
17. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.
18. ADJOURNMENT [Time Estimate: 10:00 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, May 20, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Fiscal Year 2026 Preliminary Budget Review
RECOMMENDED ACTION
Review the proposed Fiscal Year 2026 budget and provide direction thereto.
SUMMARY
This is the first draft of the proposed budget for Fiscal Year 2026, which provides a preliminary overview of the City’s overall budget.
Total Budget – All Funds
Anticipated Revenues $183,390,400
Estimated Expenditures 154,911,667
General Fund
Anticipated General Fund Revenues $ 73,431,246
Anticipated General Fund Transfers In 58,370
Estimated Expenditures 66,910,418
Estimated Transfers Out 6,877,469
Financing Sources in Excess of Financing Uses $ (298,271)
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact to the current Fiscal Year 2025 budget, as this is in preparation for the Fiscal Year 2026 budget.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
No alternative action is proposed at this time as this is part of the annual budget preparation.
ATTACHMENTS
1. Fund Balance Impact Summary
2. Expenditure Summary by Category
Reviewed/Approved:
Item #: 2.1
Study Session
City of Tulare
Preliminary Budget by Fund
Fiscal Year 2026
Fund Fund Name
Estimated
Revenues
Estimated
Transfers In
Proposed
Transfers Out
Proposed
Expenditures Fund Bal. Impact
100 General Fund $73,431,246 $58,370 ($7,077,469) ($66,948,267) ($536,120) 105 Solid Waste & Street Sweeping Fund * 14,253,590 0 (247,664) (13,733,372) 272,554 106 Wastewater Fund * 31,904,000 0 (720,018) (27,972,669) 3,211,313 107 Water Fund * 12,152,000 0 (866,864) (13,004,972) (1,719,836) 110 Aviation Fund 438,145 50,000 (940) (794,263) (307,058) 194 Transit Fund 0 0 0 0 0
195 Surface Water Management Fund 82,400 1,425,800 (1,261,330) (425,250) (178,380) 200 Landscape & Lighting District Fund 1,165,485 0 (8,082) (1,301,683) (144,280) 205 Law Enforcement Facilities & Equipment DIF Fund 85,800 0 0 0 85,800 206 Fire Facilities & Equipment DIF Fund 270,600 0 0 0 270,600 210 General Facilities & Equipment DIF Fund 399,600 0 0 0 399,600 211 Library DIF Fund 363,400 0 0 0 363,400
215 Parks/Recreation Facilities & Equipment DIF Fund 1,243,800 0 0 0 1,243,800 220 General Plan Maintenance DIF Fund 0 0 0 0 0
225 Water Supply Facility DIF Fund 2,196,800 0 (500,000) 0 1,696,800 226 Wastewater Treatment Facility DIF Fund 1,378,400 0 0 0 1,378,400 227 Storm Drain Facility DIF Fund 143,000 0 0 0 143,000 228 Ground Water Recharge DIF Fund 168,200 0 0 0 168,200 230 Streets / Interchanges / Traffic Signals DIF Fund 2,262,000 0 0 0 2,262,000 231 Streets/Medians/Landscaping DIF Fund 2,600 0 0 0 2,600 232 Grade Separation DIF Fund 15,000 0 0 0 15,000
233 State Highway Projects DIF Fund 19,400 0 0 0 19,400 300 Gas Taxes Fund 4,057,900 0 0 0 4,057,900
301 Measure R Fund 950,000 0 0 0 950,000
302 Traffic Safety Fund 70,200 0 (50,000) 0 20,200
305 Police Department Grants Fund 487,300 0 (17,687) (136,283) 333,330 306 Fire Department Grants Fund 1,396,904 0 (81,903) (1,255,001) 60,000 310 Community Development Grants Fund 553,500 0 0 (102,575) 450,925 315 Senior Services Fund 376,100 375,000 (17,525) (1,136,790) (403,215) 330 Other/General City-wide Grants 0 0 0 (66,750) (66,750) Fund Fund Name
Estimated
Revenues
Estimated
Transfers In
Proposed
Transfers Out
Proposed
Expenditures Fund Bal. Impact
335 American Recovery Plan Act Fund 0 0 0 0 0
345 Vehicle Abatement Fund 30,800 0 (2,495) (44,617) (16,312) 400 General CIP Fund 391,200 2,782,810 0 (150,000) 3,024,010 405 Solid Waste CIP Fund * 0 0 0 0 0
406 Wastewater CIP Fund * 8,600,000 0 0 0 8,600,000
407 Water CIP Fund * 3,300,000 500,000 0 0 3,800,000
410 Aviation CIP Fund 0 0 0 0 0
450 Financing Authority Debt Service Fund 8,800 2,200,000 0 (4,111,667) (1,902,867) 600 Employee Welfare Fund 5,551,376 0 (3,936) (5,169,737) 377,703 601 Workers' Compensation Insurance Fund' 195,800 3,306,783 0 (3,306,688) 195,895 602 General Insurance Fund 5,226,832 0 (5,295) (5,226,933) (5,396) 603 Unemployment Insurance Fund 0 50,000 0 (50,000) 0
604 Facilities Maintenance Fund 1,949,176 0 (63,520) (1,879,456) 6,200 605 Fleet Replacement Fund 1,806,530 0 0 (1,806,530) 0
606 Fleet Maintenance Fund 3,027,259 0 (62,534) (2,951,956) 12,769 607 Equipment Replacement Fund 1,686,307 0 0 (1,634,707) 51,600 610 Purchasing Fund 1,748,950 0 0 (1,739,350) 9,600
0 Total $183,390,400 $10,748,763 ($10,987,262) ($154,949,516) * Fund under purview of Board of Public Utilities Commissioners.
City of Tulare
Summary of Preliminary Expenditures by Category
Fiscal Year 2026
Fund Fund Name
Salaries &
Benefits
Maintenance &
Operations 1
Capital
Outlay
Debt
Service
Capital
Improvements
Expenditure
Total
1 2 7 8 6
General Fund
100 General Fund
Dept Department Name
100 Mayor & Council $19,440 $134,660 $29,366 $0 $0 $183,466 101 Administration 1,562,642 1,320,031 16,990 0 0 2,899,663 102 Finance 1,420,831 661,288 0 0 0 2,082,119
103 Human Resources 484,060 316,811 0 0 0 800,871
200 Fire 8,807,338 2,283,703 359,000 0 0 11,450,041
201 Police 19,902,420 5,331,147 228,500 0 0 25,462,067
300 Community Development 2,208,907 652,447 7,000 0 0 2,868,354 301 Community Services 4,214,522 4,278,335 53,200 0 0 8,546,057 302 Engineering 2,171,575 536,126 500 0 0 2,708,201
303 General Services 2,022,451 2,688,123 42,500 0 0 4,753,074 304 Public Works 1,144,711 1,804,451 2,500 0 0 2,951,662 400 Capital Improvement Projects 0 0 0 0 0 0
500 Non-Departmental 0 1,726,610 25,050 491,032 0 2,242,692 100 General Fund Total $43,958,897 $21,733,732 $764,606 $491,032 $0 $66,948,267 Enterprise Funds
105 Solid Waste & Street Sweeping Fund 2 $4,269,512 $8,901,860 $562,000 $0 $0 $13,733,372 106 Wastewater Fund 2 4,532,249 13,155,293 0 10,285,127 0 27,972,669 107 Water Fund 2 2,855,444 8,226,152 45,000 1,878,376 0 13,004,972 110 Aviation Fund 14,959 779,304 0 0 0 794,263
Enterprise Funds Total $11,672,164 $31,062,609 $607,000 $12,163,503 $0 $55,505,276 Internal Service Funds
600 Employee Welfare Fund $63,218 $5,106,519 $0 $0 $0 $5,169,737 601 Workers' Compensation Insurance Fund' 100,806 3,205,882 0 0 0 3,306,688 602 General Insurance Fund 84,917 5,142,016 0 0 0 5,226,933 603 Unemployment Insurance Fund 0 50,000 0 0 0 50,000
604 Facilities Maintenance Fund 1,031,811 847,645 0 0 0 1,879,456 605 Fleet Replacement Fund 0 0 1,806,530 0 0 1,806,530
606 Fleet Maintenance Fund 1,154,640 1,797,316 0 0 0 2,951,956 Fund Fund Name
Salaries &
Benefits
Maintenance &
Operations 1
Capital
Outlay
Debt
Service
Capital
Improvements
Expenditure
Total
607 Equipment Replacement Fund 0 0 1,634,707 0 0 1,634,707 610 Purchasing Fund 0 1,739,350 0 0 0 1,739,350
Internal Service Funds Total $2,435,392 $17,888,728 $3,441,237 $0 $0 $23,765,357 Grant/Intergovernmental Funds
305 Police Department Grants Fund 131,474 4,809 0 0 0 136,283 306 Fire Department Grants Fund 1,232,650 22,351 0 0 0 1,255,001 310 Community Development Department Grants Fund 0 102,575 0 0 0 102,575 315 Senior Services Fund 250,792 885,998 0 0 0 1,136,790 330 Other/General City-wide Grants 0 66,750 0 0 0 66,750 335 American Recovery Plan Act Fund 0 0 0 0 0 0
340 Police Forfeiture Fund 0 0 0 0 0 0
345 Vehicle Abatement Fund 39,748 4,869 0 0 0 44,617
Grant/Intergovernmental Funds Total $1,654,664 $1,087,352 $0 $0 $0 $2,742,016 Capital Projects Funds
400 General CIP Fund $0 $150,000 $0 $0 $0 $150,000
405 Solid Waste CIP Fund 2 0 0 0 0 0 0
406 Wastewater CIP Fund 2 0 0 0 0 0 0
407 Water CIP Fund 2 0 0 0 0 0 0
410 Aviation CIP Fund 0 0 0 0 0 0
Capital Projects Funds Total $0 $150,000 $0 $0 $0 $150,000 Other/Miscellaneous Funds
195 Surface Water Management Fund $190,093 $235,157 $0 $0 $0 $425,250 200 Landscape & Lighting District Fund 130,935 1,170,748 0 0 0 1,301,683 450 Financing Authority Debt Service Fund 0 0 0 4,111,667 0 4,111,667 Other/Miscellaneous Funds Total $321,028 $1,405,905 $0 $4,111,667 $0 $5,838,600 Total $60,042,145 $73,328,327 $4,812,843 $16,766,202 $0 $154,949,516 1 Includes internal service charges & allocated costs.
2 Fund under purview of Board of Public Utilities Commissioners.
Budget Overview
Fiscal Year 2026
Preliminary Budget
City of Tulare
Budgeted Revenues, Expenditures, & Transfers by Category - All Funds Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Taxes $65,151,185 $61,918,400 $3,232,785
Licenses & Permits 3,333,750 1,633,800 1,699,950
Fines & Forfeits 866,500 820,450 46,050
Use of Money & Property 2,373,017 1,314,900 1,058,117
Intergovernmental 3,450,294 4,302,610 (852,316)
Charges for Services 82,916,711 76,098,659 6,818,052
Other Revenues 25,298,943 24,646,548 652,395
Total Revenues $183,390,400 $170,735,367 $12,655,033
Expenditures & Transfers Out
Salaries & Benefits $60,004,296 $58,434,028 $1,570,267
Maintenance & Operations * 73,328,327 63,345,287 9,983,040 Capital Improvements 0 3,721,850 (3,721,850)
Capital Outlay 4,812,843 2,349,000 2,463,843
Debt Service 16,766,202 17,089,277 (323,075)
Total Expenditures $154,911,667 $144,939,442 $9,972,225 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Summary
Revenues $183,390,400 $170,735,367 $12,655,033
Expenditures (154,911,667) (144,939,442) (9,972,225)
* Includes internal service charges & allocated costs.
City of Tulare
Preliminary Budget by Fund
Fiscal Year 2026
Fund Fund Name
Estimated
Revenues
Estimated
Transfers In
Proposed
Transfers Out
Proposed
Expenditures Fund Bal. Impact
100 General Fund $73,431,246 $58,370 ($6,877,469) ($66,910,418) ($298,271) 105 Solid Waste & Street Sweeping Fund * 14,253,590 0 (247,664) (13,733,372) 272,554 106 Wastewater Fund * 31,904,000 0 (720,018) (27,972,669) 3,211,313 107 Water Fund * 12,152,000 0 (866,864) (13,004,972) (1,719,836) 110 Aviation Fund 438,145 50,000 (940) (794,263) (307,058) 194 Transit Fund 0 0 0 0 0
195 Surface Water Management Fund 82,400 1,425,800 (1,261,330) (425,250) (178,380) 200 Landscape & Lighting District Fund 1,165,485 0 (8,082) (1,301,683) (144,280) 205 Law Enforcement Facilities & Equipment DIF Fund 85,800 0 0 0 85,800 206 Fire Facilities & Equipment DIF Fund 270,600 0 0 0 270,600 210 General Facilities & Equipment DIF Fund 399,600 0 0 0 399,600 211 Library DIF Fund 363,400 0 0 0 363,400
215 Parks/Recreation Facilities & Equipment DIF Fund 1,243,800 0 0 0 1,243,800 220 General Plan Maintenance DIF Fund 0 0 0 0 0
225 Water Supply Facility DIF Fund 2,196,800 0 (500,000) 0 1,696,800 226 Wastewater Treatment Facility DIF Fund 1,378,400 0 0 0 1,378,400 227 Storm Drain Facility DIF Fund 143,000 0 0 0 143,000 228 Ground Water Recharge DIF Fund 168,200 0 0 0 168,200 230 Streets / Interchanges / Traffic Signals DIF Fund 2,262,000 0 0 0 2,262,000 231 Streets/Medians/Landscaping DIF Fund 2,600 0 0 0 2,600 232 Grade Separation DIF Fund 15,000 0 0 0 15,000
233 State Highway Projects DIF Fund 19,400 0 0 0 19,400 300 Gas Taxes Fund 4,057,900 0 0 0 4,057,900
301 Measure R Fund 950,000 0 0 0 950,000
302 Traffic Safety Fund 70,200 0 (50,000) 0 20,200
305 Police Department Grants Fund 487,300 0 (17,687) (136,283) 333,330 306 Fire Department Grants Fund 1,396,904 0 (81,903) (1,255,001) 60,000 310 Community Development Grants Fund 553,500 0 0 (102,575) 450,925 315 Senior Services Fund 376,100 375,000 (17,525) (1,136,790) (403,215) 330 Other/General City-wide Grants 0 0 0 (66,750) (66,750) Fund Fund Name
Estimated
Revenues
Estimated
Transfers In
Proposed
Transfers Out
Proposed
Expenditures Fund Bal. Impact
335 American Recovery Plan Act Fund 0 0 0 0 0
345 Vehicle Abatement Fund 30,800 0 (2,495) (44,617) (16,312) 400 General CIP Fund 391,200 2,782,810 0 (150,000) 3,024,010 405 Solid Waste CIP Fund * 0 0 0 0 0
406 Wastewater CIP Fund * 8,600,000 0 0 0 8,600,000
407 Water CIP Fund * 3,300,000 500,000 0 0 3,800,000
410 Aviation CIP Fund 0 0 0 0 0
450 Financing Authority Debt Service Fund 8,800 2,200,000 0 (4,111,667) (1,902,867) 600 Employee Welfare Fund 5,551,376 0 (3,936) (5,169,737) 377,703 601 Workers' Compensation Insurance Fund' 195,800 3,306,782 0 (3,306,688) 195,894 602 General Insurance Fund 5,226,832 0 (5,295) (5,226,933) (5,396) 603 Unemployment Insurance Fund 0 50,000 0 (50,000) 0
604 Facilities Maintenance Fund 1,949,176 0 (63,520) (1,879,456) 6,200 605 Fleet Replacement Fund 1,806,530 0 0 (1,806,530) 0
606 Fleet Maintenance Fund 3,027,259 0 (62,534) (2,951,956) 12,769 607 Equipment Replacement Fund 1,686,307 0 0 (1,634,707) 51,600 610 Purchasing Fund 1,748,950 0 0 (1,739,350) 9,600
0 Total $183,390,400 $10,748,762 ($10,787,262) ($154,911,667) * Fund under purview of Board of Public Utilities Commissioners.
City of Tulare
Summary of Preliminary Expenditures by Category
Fiscal Year 2026
Fund Fund Name
Salaries &
Benefits
Maintenance &
Operations 1
Capital
Outlay
Debt
Service
Capital
Improvements
Expenditure
Total
1 2 7 8 6
General Fund
100 General Fund
Dept Department Name
100 Mayor & Council $19,440 $134,660 $29,366 $0 $0 $183,466 101 Administration 1,562,642 1,320,031 16,990 0 0 2,899,663 102 Finance 1,365,217 661,288 0 0 0 2,026,505
103 Human Resources 489,134 316,811 0 0 0 805,945
200 Fire 8,809,876 2,283,703 359,000 0 0 11,452,579
201 Police 19,904,958 5,331,147 228,500 0 0 25,464,605
300 Community Development 2,211,445 652,447 7,000 0 0 2,870,892 301 Community Services 4,217,060 4,278,335 53,200 0 0 8,548,595 302 Engineering 2,174,113 536,126 500 0 0 2,710,739
303 General Services 2,022,451 2,688,123 42,500 0 0 4,753,074 304 Public Works 1,144,711 1,804,451 2,500 0 0 2,951,662 400 Capital Improvement Projects 0 0 0 0 0 0
500 Non-Departmental 0 1,726,610 25,050 491,032 0 2,242,692 100 General Fund Total $43,921,048 $21,733,732 $764,606 $491,032 $0 $66,910,418 Enterprise Funds
105 Solid Waste & Street Sweeping Fund 2 $4,269,512 $8,901,860 $562,000 $0 $0 $13,733,372 106 Wastewater Fund 2 4,532,249 13,155,293 0 10,285,127 0 27,972,669 107 Water Fund 2 2,855,444 8,226,152 45,000 1,878,376 0 13,004,972 110 Aviation Fund 14,959 779,304 0 0 0 794,263
Enterprise Funds Total $11,672,164 $31,062,609 $607,000 $12,163,503 $0 $55,505,276 Internal Service Funds
600 Employee Welfare Fund $63,218 $5,106,519 $0 $0 $0 $5,169,737 601 Workers' Compensation Insurance Fund' 100,806 3,205,882 0 0 0 3,306,688 602 General Insurance Fund 84,917 5,142,016 0 0 0 5,226,933 603 Unemployment Insurance Fund 0 50,000 0 0 0 50,000
604 Facilities Maintenance Fund 1,031,811 847,645 0 0 0 1,879,456 605 Fleet Replacement Fund 0 0 1,806,530 0 0 1,806,530
606 Fleet Maintenance Fund 1,154,640 1,797,316 0 0 0 2,951,956 Fund Fund Name
Salaries &
Benefits
Maintenance &
Operations 1
Capital
Outlay
Debt
Service
Capital
Improvements
Expenditure
Total
607 Equipment Replacement Fund 0 0 1,634,707 0 0 1,634,707 610 Purchasing Fund 0 1,739,350 0 0 0 1,739,350
Internal Service Funds Total $2,435,392 $17,888,728 $3,441,237 $0 $0 $23,765,357 Grant/Intergovernmental Funds
305 Police Department Grants Fund 131,474 4,809 0 0 0 136,283 306 Fire Department Grants Fund 1,232,650 22,351 0 0 0 1,255,001 310 Community Development Department Grants Fund 0 102,575 0 0 0 102,575 315 Senior Services Fund 250,792 885,998 0 0 0 1,136,790 330 Other/General City-wide Grants 0 66,750 0 0 0 66,750 335 American Recovery Plan Act Fund 0 0 0 0 0 0
340 Police Forfeiture Fund 0 0 0 0 0 0
345 Vehicle Abatement Fund 39,748 4,869 0 0 0 44,617
Grant/Intergovernmental Funds Total $1,654,664 $1,087,352 $0 $0 $0 $2,742,016 Capital Projects Funds
400 General CIP Fund $0 $150,000 $0 $0 $0 $150,000
405 Solid Waste CIP Fund 2 0 0 0 0 0 0
406 Wastewater CIP Fund 2 0 0 0 0 0 0
407 Water CIP Fund 2 0 0 0 0 0 0
410 Aviation CIP Fund 0 0 0 0 0 0
Capital Projects Funds Total $0 $150,000 $0 $0 $0 $150,000 Other/Miscellaneous Funds
195 Surface Water Management Fund $190,093 $235,157 $0 $0 $0 $425,250 200 Landscape & Lighting District Fund 130,935 1,170,748 0 0 0 1,301,683 450 Financing Authority Debt Service Fund 0 0 0 4,111,667 0 4,111,667 Other/Miscellaneous Funds Total $321,028 $1,405,905 $0 $4,111,667 $0 $5,838,600 Total $60,004,296 $73,328,327 $4,812,843 $16,766,202 $0 $154,911,667 1 Includes internal service charges & allocated costs.
2 Fund under purview of Board of Public Utilities Commissioners.
City of Tulare
Preliminary Interfund Transfers
Fiscal Year 2026
From Fund (No.) To Fund (No.) Purpose
Proposed
Transfer
General Fund (100) Aviation Fund (110) Operating Subsidy $50,000 Financing Authority Debt Service Fund (450) Debt Service 2,200,000 General CIP Fund (400) Capital Purchases & Improvements 1,507,020 Housing Successor Agency Fund (711) Operating Subsidy 38,500 Senior Services Fund (315) Operating Subsidy 375,000
Surface Water Management Fund (195) Operating Subsidy 272,000 Unemployment Insurance Fund (603) Employee Benefits 50,000 Workers' Compensation Insurance Fund (601) Employee Benefits 2,384,949 Total General Fund: $6,877,469
Enterprise Funds
Aviation Fund (110) Workers' Compensation Insurance Fund (601) Employee Benefits $940 Solid Waste & Street Sweeping Fund (105) General CIP Fund (400) Capital Purchases & Improvements $6,150 Workers' Compensation Insurance Fund (601) Employee Benefits 241,514 Total Solid Waste & Street Sweeping Fund: $247,664
From Fund (No.) To Fund (No.) Purpose
Proposed
Transfer
Wastewater Fund (106) General CIP Fund (400) Capital Purchases & Improvements $12,290 Surface Water Management Fund (195) Operating Subsidy 450,000 Workers' Compensation Insurance Fund (601) Employee Benefits 257,728 Total Wastewater Fund: $720,018
Water Fund (107) General CIP Fund (400) Capital Purchases & Improvements $7,350 Surface Water Management Fund (195) Operating Subsidy 703,800 Workers' Compensation Insurance Fund (601) Employee Benefits 155,714 Total Water Fund: $859,514
Internal Service Funds
Employee Welfare Fund (600) Workers' Compensation Insurance Fund (601) Employee Benefits $3,936 Facilities Maintenance Fund (604) Workers' Compensation Insurance Fund (601) Employee Benefits $63,520 Fleet Maintenance Fund (606) Workers' Compensation Insurance Fund (601) Employee Benefits $62,534 General Insurance Fund (602) Workers' Compensation Insurance Fund (601) Employee Benefits $5,295 From Fund (No.) To Fund (No.) Purpose
Proposed
Transfer
Special Revenue Funds
Senior Services Fund (315) Workers' Compensation Insurance Fund (601) Employee Benefits $17,525 Surface Water Management Fund (195) General CIP Fund (400) Capital Purchases & Improvements $1,250,000 Workers' Compensation Insurance Fund (601) Employee Benefits 11,330 Total Surface Water Management Fund: $1,261,330
Landscaping & Lighting District Fund (200) Workers' Compensation Insurance Fund (601) Employee Benefits $8,082 Fire Department Grants Fund (306) Workers' Compensation Insurance Fund (601) Employee Benefits $81,903 Police Department Grants Fund (305) General Fund (100) Capital Purchases & Improvements $8,370 Workers' Compensation Insurance Fund (601) Employee Benefits 9,317 Total Police Department Grants Fund: $17,687
Traffic Safety Fund (302) General Fund (100) Capital Purchases & Improvements $50,000 Vehicle Abatement Fund (345) Workers' Compensation Insurance Fund (601) Employee Benefits $2,495 Water Supply Facility DIF Fund (225) Water CIP Fund (407) Capital Projects $500,000 City of Tulare
Summary of Internal Service Charges by Department/Fund
Fiscal Year 2026
Fund/
Org. Fund/Organization Name
Building
Services
Equipment
Replacement
Liability
Insurance Purchasing
Vehicle
Replacement
Vehicle
Services Total
100-100 City Council $13,704 $29,116 $0 $0 $0 $0 $42,820 100-101 Administration 38,057 35,578 46,488 350 3,600 1,800 125,873 100-102 Finance 19,606 44,160 25,861 0 0 0 89,627
100-103 Human Resources 8,406 10,411 8,265 0 0 0 27,082 100-200 Fire 81,574 348,916 136,223 123,000 87,400 33,500 810,613 100-201 Police 352,656 276,938 850,677 349,000 377,250 612,800 2,819,321 100-301 Community Services 693,449 76,621 89,895 48,500 76,200 62,600 1,047,265 100-300 Community Development 52,865 11,772 42,360 8,100 26,400 14,100 155,597 100-302 Engineering 38,295 11,182 46,169 9,500 27,500 9,200 141,846 100-303 General Services 19,050 41,215 41,899 50,000 54,000 75,000 281,164 100-304 Public Works 57,486 10,923 30,297 60,000 52,800 155,900 367,406 100-500 Non-Departmental 0 0 0 0 0 0 0
105-304 Solid Waste & Street Sweeping * 62,409 36,373 911,482 854,000 746,960 1,698,100 4,309,323 106-304 Wastewater * 36,666 67,481 1,934,719 112,500 173,700 192,400 2,517,466 107-304 Water * 0 598,705 643,890 103,000 115,320 118,500 1,579,415 110-303 Aviation 265,938 6,497 92,769 0 0 0 365,204
195-304 Surface Water Management 0 0 6,357 4,500 9,600 8,400 28,857 200-302 Landscaping & Lighting 0 0 3,813 0 0 0 3,813
305-201 Police Department Grants 0 0 3,179 0 0 0 3,179
315-301 Senior Services 174,629 3,740 46,899 2,500 4,800 2,900 235,468 345-303 Vehicle Abatement 0 0 1,049 0 0 0 1,049
600-103 Employee Welfare Fund 524 0 128,845 0 0 0 129,369 601-103 Workers' Compensation Insurance Fund 0 0 2,172 0 0 0 2,172 602-103 General Insurance Fund 524 0 0 0 0 0 524
604-303 Facilities Maintenance Fund 0 3,064 32,741 17,000 36,000 28,000 116,805 605-304 Fleet Replacement Fund 0 0 0 0 0 0 0
606-304 Fleet Maintenance Fund 33,338 22,028 78,430 7,000 15,000 0 155,796 ERROR
Total $1,949,176 $1,634,720 $5,204,479 $1,748,950 $1,806,530 $3,013,200 $15,357,055 * Fund under purview of Board of Public Utilities Commissioners.
General Fund
Budget Summary
General Fund
Budget Summary by
Category
Budgeted Revenues, Expenditures, & Transfers by Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Sales & Use Tax $14,000,000 $14,975,000 ($975,000)
Transactions & Use Tax 8,300,000 8,450,000 (150,000)
Property Taxes 8,993,000 8,569,600 423,400
Property Tax In Lieu of VLF 8,500,000 7,900,000 600,000 Utility Users Tax 11,900,000 8,450,000 3,450,000
Franchise Taxes 1,790,000 1,740,000 50,000
Cannabis/Dispensary Tax 1,000,000 1,100,000 (100,000)
Transient Occupancy Tax 2,250,000 2,000,000 250,000
Other Revenues 16,698,246 13,164,082 3,534,164
Total Revenues $73,431,246 $66,348,682 $7,082,564
Total Transfers In 58,370 921,870 (863,500)
Total Revenues & Transfers In $73,489,616 $67,270,552 $6,219,064 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Expenditures & Transfers Out
Salaries & Benefits $43,921,048 $43,797,741 $123,307
Maintenance & Operations * 21,733,732 18,735,381 2,998,351 Capital Improvements 0 0 0
Capital Outlay 764,606 0 764,606
Debt Service 491,032 165,140 325,892
Total Expenditures $66,910,418 $62,698,262 $4,212,156
Total Transfers Out 6,877,469 5,934,556 942,913
Total Expenditures & Transfers Out $73,787,887 $68,632,818 $5,155,069 Summary
Revenues $73,431,246 $66,348,682 $7,082,564
Transfers In 58,370 921,870 (863,500)
Expenditures (66,910,418) (62,698,262) (4,212,156)
Transfers Out (6,877,469) (5,934,556) (942,913)
Projected Surplus / (Use of Fund Balance) ($298,271) ($1,362,266) $1,063,995 * Includes internal service charges & allocated costs.
General Fund
Budget Summary by
Department & Category
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Mayor & Council (100)
All Divisions
Salaries & Benefits $19,440 $12,560 $6,880
Maintenance & Operations * 134,660 124,240 10,420
Capital Outlay 29,366 0 29,366
Debt Service 0 0 0
Total All Divisions $183,466 $136,800 $46,666
Administration (100-000-000)
Salaries & Benefits $19,440 $12,560 $6,880
Maintenance & Operations * 134,660 124,240 10,420
Capital Outlay 29,366 0 29,366
Debt Service 0 0 0
Total Administration (100-000-000) $183,466 $136,800 $46,666 Total Mayor & Council (100) $183,466 $136,800 $46,666
* Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Administration (101)
All Divisions
Salaries & Benefits $1,562,642 $1,139,977 $422,666
Maintenance & Operations * 1,320,031 1,115,772 204,259
Capital Outlay 16,990 0 16,990
Debt Service 0 0 0
Total All Divisions $2,899,663 $2,255,749 $643,914
City Manager (101-100-000)
Salaries & Benefits $676,615 $561,096 $115,519
Maintenance & Operations * 126,753 235,786 (109,034)
Capital Outlay 2,870 0 2,870
Debt Service 0 0 0
Total City Manager (101-100-000) $806,238 $796,882 $9,355 City Clerk (101-101-000)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 122,440 0 122,440
Capital Outlay 4,120 0 4,120
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Debt Service 0 0 0
Total City Clerk (101-101-000) $126,560 $0 $126,560
Economic Development (101-102-000)
Salaries & Benefits $375,656 $228,653 $147,003
Maintenance & Operations * 231,898 179,951 51,947
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Economic Development (101-102-000) $607,554 $408,604 $198,949 Information Technology (101-103-000)
Salaries & Benefits $510,371 $350,228 $160,144
Maintenance & Operations * 838,941 700,035 138,906
Capital Outlay 10,000 0 10,000
Debt Service 0 0 0
Total Information Technology (101-103-000) $1,359,312 $1,050,263 $309,050 Total Administration (101) $2,899,663 $2,255,749 $643,914 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Finance (102)
All Divisions
Salaries & Benefits $1,365,217 $1,181,639 $183,578
Maintenance & Operations * 661,288 734,345 (73,057)
Capital Outlay 0 0 0
Debt Service 0 0 0
Total All Divisions $2,026,505 $1,915,984 $110,521
Administration (102-000-000)
Salaries & Benefits $1,365,217 $1,181,639 $183,578
Maintenance & Operations * 661,288 734,345 (73,057)
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Administration (102-000-000) $2,026,505 $1,915,984 $110,521 Total Finance (102) $2,026,505 $1,915,984 $110,521
* Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Human Resources (103)
All Divisions
Salaries & Benefits $489,134 $373,307 $115,827
Maintenance & Operations * 316,811 265,064 51,747
Capital Outlay 0 0 0
Debt Service 0 0 0
Total All Divisions $805,945 $638,371 $167,574
Human Resources / Personnel (103-110-000)
Salaries & Benefits $489,134 $373,307 $115,827
Maintenance & Operations * 316,811 265,064 51,747
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Human Resources / Personnel (103-110-000) $805,945 $638,371 $167,574 Total Human Resources (103) $805,945 $638,371 $167,574
* Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Fire (200)
All Divisions
Salaries & Benefits $8,809,876 $10,946,095 ($2,136,219) Maintenance & Operations * 2,283,703 2,470,861 (187,158) Capital Outlay 359,000 0 359,000
Debt Service 0 0 0
Total All Divisions $11,452,579 $13,416,956 ($1,964,376) Administration (200-000-000)
Salaries & Benefits $0 $8,303,488 ($8,303,488)
Maintenance & Operations * 68,900 2,333,504 (2,264,604) Capital Outlay 0 0 0
Debt Service 0 0 0
Total Administration (200-000-000) $68,900 $10,636,992 ($10,568,092) FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Prevention & Suppression (200-200-200)
Salaries & Benefits $6,728,890 $0 $6,728,890
Maintenance & Operations * 2,069,472 0 2,069,472
Capital Outlay 359,000 0 359,000
Debt Service 0 0 0
Total Prevention & Suppression (200-200-200) $9,157,362 $0 $9,157,362 Prevention & Suppression, Measure I (200-200-201)
Salaries & Benefits $2,080,986 $2,642,606 ($561,620)
Maintenance & Operations * 145,331 137,357 7,974
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Prevention & Suppression, Measure I (200-
200-201) $2,226,317 $2,779,963 ($553,646)
Total Fire (200) $11,452,579 $13,416,956 ($1,964,376)
* Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Police (201)
All Divisions
Salaries & Benefits $19,904,958 $18,770,634 $1,134,324
Maintenance & Operations * 5,331,147 4,540,822 790,324
Capital Outlay 228,500 0 228,500
Debt Service 0 0 0
Total All Divisions $25,464,605 $23,311,457 $2,153,148
Administration (201-000-000)
Salaries & Benefits $4,089,631 $3,740,002 $349,629
Maintenance & Operations * 1,968,354 1,733,894 234,460
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Administration (201-000-000) $6,057,985 $5,473,896 $584,089 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Investigations (201-205-205)
Salaries & Benefits $2,872,280 $2,275,155 $597,125
Maintenance & Operations * 601,494 549,688 51,806
Capital Outlay 43,500 0 43,500
Debt Service 0 0 0
Total Investigations (201-205-205) $3,517,274 $2,824,844 $692,430 Patrol, Measure I (201-206-201)
Salaries & Benefits $5,490,371 $5,449,236 $41,135
Maintenance & Operations * 496,597 370,418 126,179
Capital Outlay 55,000 0 55,000
Debt Service 0 0 0
Total Patrol, Measure I (201-206-201) $6,041,968 $5,819,653 $222,315 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Patrol (201-206-210)
Salaries & Benefits $7,452,676 $7,306,241 $146,435
Maintenance & Operations * 2,264,702 1,886,822 377,880
Supplies & Materials 0 0 0
Outside Services 0 0 0
Other Charges 0 0 0
Capital Outlay 130,000 0 130,000
Debt Service 0 0 0
Total Patrol (201-206-210) $9,847,378 $9,193,064 $654,314 Total Police (201) $25,464,605 $23,311,457 $2,153,148
* Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Community Development (300)
All Divisions
Salaries & Benefits $2,211,445 $1,793,607 $417,838
Maintenance & Operations * 652,447 447,412 205,035
Capital Outlay 7,000 0 7,000
Debt Service 0 0 0
Total All Divisions $2,870,892 $2,241,019 $629,874
Administration (300-000-000)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 41,875 0 41,875
Capital Outlay 1,300 0 1,300
Debt Service 0 0 0
Total Administration (300-000-000) $43,175 $0 $43,175
Building (300-300-000)
Salaries & Benefits $1,259,312 $828,116 $431,196
Maintenance & Operations * 271,768 241,582 30,186
Capital Outlay 2,700 0 2,700
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Debt Service 0 0 0
Total Building (300-300-000) $1,533,781 $1,069,698 $464,082 Housing & Grant Services (300-301-000)
Salaries & Benefits $180 $0 $180
Maintenance & Operations * 50,325 0 50,325
Capital Outlay 1,700 0 1,700
Debt Service 0 0 0
Total Housing & Grant Services (300-301-000) $52,205 $0 $52,205 Planning (300-302-000)
Salaries & Benefits $951,953 $965,491 ($13,538)
Maintenance & Operations * 288,479 205,830 82,649
Capital Outlay 1,300 0 1,300
Debt Service 0 0 0
Total Planning (300-302-000) $1,241,732 $1,171,320 $70,411 Total Community Development (300) $2,870,892 $2,241,019 $629,874 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Community Services (301)
All Divisions
Salaries & Benefits $4,217,060 $4,303,718 ($86,658)
Maintenance & Operations * 4,278,335 3,384,549 893,786
Capital Outlay 53,200 0 53,200
Debt Service 0 54,330 (54,330)
Total All Divisions $8,548,595 $7,742,597 $805,997
Administration (301-000-000)
Salaries & Benefits $403,873 $399,495 $4,378
Maintenance & Operations * 167,551 143,551 24,000
Capital Outlay 9,200 0 9,200
Debt Service 0 0 0
Total Administration (301-000-000) $580,624 $543,046 $37,578 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Library (301-305-000)
Salaries & Benefits $993,576 $1,019,301 ($25,725)
Maintenance & Operations * 1,190,192 755,895 434,297
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Library (301-305-000) $2,183,768 $1,775,196 $408,572 Parks (301-306-310)
Salaries & Benefits $1,270,144 $1,382,462 ($112,318)
Maintenance & Operations * 2,341,549 1,822,892 518,657
Capital Outlay 0 0 0
Debt Service 0 54,330 (54,330)
Total Parks (301-306-310) $3,611,693 $3,259,684 $352,009 Recreation, Arts, & Events (301-306-311)
Salaries & Benefits $1,549,467 $1,502,461 $47,006
Maintenance & Operations * 460,892 459,061 1,831
Capital Outlay 44,000 0 44,000
Debt Service 0 0 0
Total Recreation, Arts, & Events (301-306-311) $2,054,359 $1,961,522 $92,837 Downtown Parking (301-308-312)
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 113,500 117,050 (3,550)
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Downtown Parking (301-308-312) $113,500 $117,050 ($3,550) Parking & Business Improvement Area (301-308-313)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 4,650 86,100 (81,450)
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Parking & Business Improvement Area (301-
308-313) $4,650 $86,100 ($81,450)
Total Community Services (301) $8,548,595 $7,742,597 $805,997 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Engineering (302)
All Divisions
Salaries & Benefits $2,174,113 $2,040,152 $133,961
Maintenance & Operations * 536,126 811,972 (275,845)
Capital Outlay 500 0 500
Debt Service 0 0 0
Total All Divisions $2,710,739 $2,852,124 ($141,385)
Administration (302-000-000)
Salaries & Benefits $1,405,313 $1,257,870 $147,443
Maintenance & Operations * 212,612 715,893 (503,281)
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Administration (302-000-000) $1,617,925 $1,973,763 ($355,838) FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Engineering (302-310-000)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 207,100 0 207,100
Capital Outlay 500 0 500
Debt Service 0 0 0
Total Engineering (302-310-000) $207,600 $0 $207,600
Project Management (302-312-000)
Salaries & Benefits $768,800 $782,282 ($13,482)
Maintenance & Operations * 116,414 96,079 20,335
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Project Management (302-312-000) $885,214 $878,361 $6,853 Total Engineering (302) $2,710,739 $2,852,124 ($141,385) * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
General Services (303)
All Divisions
Salaries & Benefits $2,022,451 $1,757,479 $264,972
Maintenance & Operations * 2,688,123 1,593,221 1,094,902 Capital Outlay 42,500 0 42,500
Debt Service 0 0 0
Total All Divisions $4,753,074 $3,350,700 $1,402,374
Administration (303-000-000)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 2,028 0 2,028
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Administration (303-000-000) $2,028 $0 $2,028
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Animal Services (303-315-000)
Salaries & Benefits $735,704 $737,230 ($1,526)
Maintenance & Operations * 635,238 424,441 210,798
Capital Outlay 42,500 0 42,500
Debt Service 0 0 0
Total Animal Services (303-315-000) $1,413,442 $1,161,671 $251,772 Code Enforcement (303-317-345)
Salaries & Benefits $604,677 $622,749 ($18,072)
Maintenance & Operations * 235,947 228,063 7,885
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Code Enforcement (303-317-345) $840,624 $850,812 ($10,188) Measure I (303-317-201)
Salaries & Benefits $118,885 $121,255 ($2,370)
Maintenance & Operations * 47,077 25,263 21,814
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Measure I (303-317-201) $165,962 $146,518 $19,444 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Dangerous Building Abatement (303-317-346)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 31,500 1,460 30,040
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Dangerous Building Abatement (303-317-
346) $31,500 $1,460 $30,040
Community Maintenance (303-318-000)
Salaries & Benefits $189,058 $206,565 ($17,507)
Maintenance & Operations * 95,585 133,467 (37,882)
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Community Maintenance (303-318-000) $284,643 $340,032 ($55,389) Cycle Park (303-319-355)
Salaries & Benefits $29,479 $27,789 $1,690
Maintenance & Operations * 518,235 517,917 318
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Cycle Park (303-319-355) $547,714 $545,706 $2,008 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Building Services (303-319-356)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 24,000 0 24,000
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Building Services (303-319-356) $24,000 $0 $24,000 Property Maintenance (303-319-358)
Salaries & Benefits $14,959 $13,901 $1,058
Maintenance & Operations * 329,748 252,264 77,484
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Property Maintenance (303-319-358) $344,707 $266,165 $78,542 Homeless Shelter (303-320-000)
Salaries & Benefits $300,000 $0 $300,000
Maintenance & Operations * 765,000 0 765,000
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Homeless Shelter (303-320-000) $1,065,000 $0 $1,065,000 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Property Management (303-321-000)
Salaries & Benefits $29,689 $27,989 $1,700
Maintenance & Operations * 3,765 10,347 (6,582)
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Property Management (303-321-000) $33,454 $38,336 ($4,882) Total General Services (303) $4,753,074 $3,350,700 $1,402,374 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Public Works (304)
All Divisions
Salaries & Benefits $1,144,711 $1,174,627 ($29,916)
Maintenance & Operations * 1,804,451 1,498,012 306,439
Capital Outlay 2,500 0 2,500
Debt Service 0 54,320 (54,320)
Total All Divisions $2,951,662 $2,726,959 $224,703
Street Lighting (304-327-380)
Salaries & Benefits $9,690 $8,989 $701
Maintenance & Operations * 1,129,618 971,391 158,227
Capital Outlay 2,500 0 2,500
Debt Service 0 0 0
Total Street Lighting (304-327-380) $1,141,808 $980,380 $161,428 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Street Maintenance (304-327-381)
Salaries & Benefits $1,135,021 $1,165,638 ($30,617)
Maintenance & Operations * 674,833 526,621 148,212
Capital Outlay 0 0 0
Debt Service 0 54,320 (54,320)
Total Street Maintenance (304-327-381) $1,809,854 $1,746,579 $63,274 Total Public Works (304) $2,951,662 $2,726,959 $224,703 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Department & Category General Fund (100)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Non-Departmental (500)
All Divisions
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 2,217,642 1,686,605 531,037
Capital Outlay 25,050 0 25,050
Debt Service 0 0 0
Total All Divisions $2,242,692 $1,686,605 $556,087
Administration (500-000-000)
Salaries & Benefits $0 $0 $0
Maintenance & Operations * 2,217,642 1,686,605 531,037
Capital Outlay 25,050 0 25,050
Debt Service 0 0 0
Total Administration (500-000-000) $2,242,692 $1,686,605 $556,087 Total Non-Departmental (500) $2,242,692 $1,686,605 $556,087 * Includes internal service charges & allocated costs.
Enterprise Fund
Budget Summaries
Budgeted Revenues, Expenditures, & Transfers by Category Aviation Fund (110)
Fiscal Year 2025 Adopted vs Fiscal Year 2024 Adopted
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Taxes $20,000 $16,000 $4,000
Licenses & Permits 0 0 0
Fines & Forfeits 0 0 0
Use of Money & Property 412,145 107,100 305,045
Intergovernmental 0 0 0
Charges for Services 0 200 (200)
Other Revenues 6,000 5,300 700
Total Revenues $438,145 $128,600 $309,545
Total Transfers In 50,000 50,000 0
Total Revenues & Transfers In $488,145 $178,600 $309,545 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Expenditures & Transfers Out
Salaries & Benefits $14,959 $13,901 $1,058
Maintenance & Operations * 779,304 478,462 300,842
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Expenditures $794,263 $492,363 $301,900
Total Transfers Out 940 0 940
Total Expenditures & Transfers Out $795,203 $492,363 $302,840 Summary
Revenues $438,145 $128,600 $309,545
Transfers In 50,000 50,000 0
Expenditures (794,263) (492,363) (301,900)
Transfers Out (940) 0 (940)
Projected Surplus / (Use of Fund Balance) ($307,058) ($313,763) $6,705 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Category Solid Waste & Street Sweeping Fund (105)
Fiscal Year 2025 Adopted vs Fiscal Year 2024 Adopted
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Taxes $0 $0 $0
Licenses & Permits 0 0 0
Fines & Forfeits 200,000 200,000 0
Use of Money & Property 69,200 34,600 34,600
Intergovernmental 17,890 205,890 (188,000)
Charges for Services 10,015,000 8,801,000 1,214,000
Other Revenues 3,951,500 3,640,358 311,142
Total Revenues $14,253,590 $12,881,848 $1,371,742
Total Transfers In 0 0 0
Total Revenues & Transfers In $14,253,590 $12,881,848 $1,371,742 Expenditures & Transfers Out
Salaries & Benefits $4,269,512 $4,322,041 ($52,529)
Maintenance & Operations * 8,901,860 7,984,300 917,561
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Capital Outlay 562,000 651,000 (89,000)
Debt Service 0 0 0
Total Expenditures $13,733,372 $12,957,341 $776,031
Total Transfers Out 247,664 506,150 (258,486)
Total Expenditures & Transfers Out $13,981,036 $13,463,491 $517,545 Summary
Revenues $14,253,590 $12,881,848 $1,371,742
Transfers In 0 0 0
Expenditures (13,733,372) (12,957,341) (776,031)
Transfers Out (247,664) (506,150) 258,486
Projected Surplus / (Use of Fund Balance) $272,554 ($581,643) $854,197 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Category Wastewater Fund (106)
Fiscal Year 2025 Adopted vs Fiscal Year 2024 Adopted
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Taxes $0 $0 $0
Licenses & Permits 0 0 0
Fines & Forfeits 355,000 325,000 30,000
Use of Money & Property 616,700 318,000 298,700
Intergovernmental 0 0 0
Charges for Services 30,432,300 26,511,600 3,920,700
Other Revenues 500,000 1,340,500 (840,500)
Total Revenues $31,904,000 $28,495,100 $3,408,900
Total Transfers In 0 0 0
Total Revenues & Transfers In $31,904,000 $28,495,100 $3,408,900 Expenditures & Transfers Out
Salaries & Benefits $4,532,249 $4,362,540 $169,709
Maintenance & Operations * 13,155,293 12,055,209 1,100,084 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Capital Outlay 0 0 0
Debt Service 10,285,127 10,406,490 (121,363)
Total Expenditures $27,972,669 $26,824,239 $1,148,429
Total Transfers Out 720,018 1,003,665 (283,647)
Total Expenditures & Transfers Out $28,692,687 $27,827,904 $864,782 Summary
Revenues $31,904,000 $28,495,100 $3,408,900
Transfers In 0 0 0
Expenditures (27,972,669) (26,824,239) (1,148,429)
Transfers Out (720,018) (1,003,665) 283,647
Projected Surplus / (Use of Fund Balance) $3,211,313 $667,196 $2,544,118 * Includes internal service charges & allocated costs.
Budgeted Revenues, Expenditures, & Transfers by Category Water Fund (107)
Fiscal Year 2025 Adopted vs Fiscal Year 2024 Adopted
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Taxes $0 $0 $0
Licenses & Permits 0 0 0
Fines & Forfeits 200,000 200,000 0
Use of Money & Property 166,000 105,000 61,000
Intergovernmental 0 0 0
Charges for Services 11,786,000 9,979,050 1,806,950
Other Revenues 0 20,000 (20,000)
Total Revenues $12,152,000 $10,304,050 $1,847,950
Total Transfers In 0 0 0
Total Revenues & Transfers In $12,152,000 $10,304,050 $1,847,950 Expenditures & Transfers Out
Salaries & Benefits $2,855,444 $2,660,587 $194,857
Maintenance & Operations * 8,226,152 7,657,765 568,387
Capital Improvements 0 114,500 (114,500)
FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Capital Outlay 45,000 0 45,000
Debt Service 1,878,376 2,405,980 (527,604)
Total Expenditures $13,004,972 $12,838,832 $166,140
Total Transfers Out 866,864 5,361,456 (4,494,592)
Total Expenditures & Transfers Out $13,871,836 $18,200,288 ($4,328,452) Summary
Revenues $12,152,000 $10,304,050 $1,847,950
Transfers In 0 0 0
Expenditures (13,004,972) (12,838,832) (166,140)
Transfers Out (866,864) (5,361,456) 4,494,592
Projected Surplus / (Use of Fund Balance) ($1,719,836) ($7,896,238) $6,176,402 * Includes internal service charges & allocated costs.
Budget Summaries -
Selected Other Funds
Budgeted Revenues, Expenditures, & Transfers by Category Surface Water Management Fund (195)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Taxes $0 $0 $0
Licenses & Permits 0 0 0
Fines & Forfeits 0 0 0
Use of Money & Property 82,400 41,200 41,200
Intergovernmental 0 0 0
Charges for Services 0 0 0
Other Revenues 0 0 0
Total Revenues $82,400 $41,200 $41,200
Total Transfers In 1,425,800 1,425,800 0
Total Revenues & Transfers In $1,508,200 $1,467,000 $41,200 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Expenditures & Transfers Out
Salaries & Benefits $190,093 $192,360 ($2,267)
Maintenance & Operations 235,157 207,609 27,548
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Expenditures $425,250 $399,969 $25,281
Total Transfers Out 1,261,330 1,250,000 11,330
Total Expenditures & Transfers Out $1,686,580 $1,649,969 $36,611 Summary
Revenues $82,400 $41,200 $41,200
Transfers In 1,425,800 1,425,800 0
Expenditures (425,250) (399,969) (25,281)
Transfers Out (1,261,330) (1,250,000) (11,330)
Projected Surplus / (Use of Fund Balance) ($178,380) ($182,969) $4,589 Budgeted Revenues, Expenditures, & Transfers by Category Senior Services Fund (315)
Fiscal Year 2026 Preliminary vs Fiscal Year 2025 Adopted FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Revenues & Transfers In
Taxes $0 $0 $0
Licenses & Permits 0 0 0
Fines & Forfeits 0 0 0
Use of Money & Property 0 0 0
Intergovernmental 338,500 305,800 32,700
Charges for Services 0 0 0
Other Revenues 37,600 37,000 600
Total Revenues $376,100 $342,800 $33,300
Total Transfers In 375,000 375,000 0
Total Revenues & Transfers In $751,100 $717,800 $33,300 FY 26
Preliminary
FY 25
Adopted
FY 26 Prelim. vs
FY 25 Adopted
Expenditures & Transfers Out
Salaries & Benefits $250,792 $230,522 $20,270
Maintenance & Operations 885,998 652,679 233,319
Capital Outlay 0 0 0
Debt Service 0 0 0
Total Expenditures $1,136,790 $883,201 $253,590
Total Transfers Out 17,525 0 17,525
Total Expenditures & Transfers Out $1,154,315 $883,201 $271,115 Summary
Revenues $376,100 $342,800 $33,300
Transfers In 375,000 375,000 0
Expenditures (1,136,790) (883,201) (253,590)
Transfers Out (17,525) 0 (17,525)
Projected Surplus / (Use of Fund Balance) ($403,215) ($165,401) ($237,815) * Includes internal service charges & allocated costs.
City of Tulare Page 1 of 4
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, April 15, 2025
6:00 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.
COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: Assistant City Manager Thomas W. Gaffery IV; City Attorney Mario U. Zamora; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; Community Development Director Mario Anaya; Safety, Compliance & Facilities Officer Manny Correa; Senior Management Analyst Gladys Gonzalez; Computer Systems Analyst Clay Roberts; Finance Budget Manager Jacob Del Cid; Administration Analyst Diana Smith
1. CALL TO ORDER
Mayor Isherwood called to order the special meeting of the Tulare City Council at 6:03 p.m. in the Council Chamber located at 491 North M Street.
2. STUDY SESSION
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.
Presented By: Chief Financial Officer Mark Roberts, Community Services Director Chris Orr, Police Chief Fred Ynclan, Fire Chief Michael Ott, Safety, Compliance & Facilities Officer Manny Correa, Public Works Director Trisha Whitfield, City Engineer Michael Miller, Computer Systems Analyst Clay Roberts
Public Comment: There were no public comments.
Council Action: Councilmember Sigala pointed out the old library is not included in these CIP projects. The Council provided direction to include the demolition of the old library as a project in the FY 2026-2030 CIP. Councilmember Mederos expressed concern about approving this item with insufficient time to study the information presented and inquired if these projects need to be approved today. He further stated he has never been made aware of the Woman’s Clubhouse being renovated. Chief Financial Officer Mark Roberts advised that Council can approve any of the projects or deny and take time for further discussion. Councilmember Sigala added that he would like to provide input on other projects. Mayor Isherwood suggested carving out another time for further discussion and declared there is need to look at how these projects are brought to the Council since the process has not evolved. Mayor Isherwood requested the presentation be sent to Council Item #: 11.2
Consent
City Council Meeting Minutes Tuesday, April 15, 2025
City of Tulare Page 2 of 4
to further study the projects and bring questions and suggestions to City staff, as well as schedule meetings as needed.
3. ADJOURNMENT
Mayor Isherwood adjourned the special meeting at 7:26 p.m.
4. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the City Council at 7:38 p.m. in the Council Chamber located at 491 North M Street.
5. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Mederos led the Pledge of Allegiance, and an invocation was given by Councilmember Sayre.
6. PROCLAMATIONS & RECOGNITIONS
6.1 Proclamation for National Donate Life Month – April 2025. Mayor Isherwood read and presented a proclamation to Leonardo Hernandez of Donor Network West proclaiming April 2025 as National Donate Life Month in the City of Tulare.
7. PUBLIC COMMENT
James Cardoza from EZ Connector, Inc. expressed concern regarding issues caused by unhoused individuals including using the faucets outside their building to bathe. He stated the unhoused individuals explain they do this because showers at the encampment are only available two or three times a week. He requested the City increase the days that showers are available at the encampment and increase the number of porta potties available for their use.
8. COMMUNICATIONS
Assistant City Manager Thomas W. Gaffery IV advised there were no communications.
9. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported on recent events and discussed items of interest.
10. CONSENT CALENDAR
It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the items on the Consent Calendar as presented.
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, 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. [S. Sopp] City Council Meeting Minutes Tuesday, April 15, 2025
City of Tulare Page 3 of 4
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
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.
Presented By: Community Development Director Mario Anaya Public Comment: There were no public comments.
Council Action: Mayor Isherwood opened the public hearing at 7:54 p.m. It was moved by Vice Mayor Harrell, seconded by Councilmember Sigala, and unanimously carried to continue the public hearing to the May 16, 2025 meeting with the condition that materials be distributed to Council before the meeting and not at the meeting. Mayor Isherwood closed the public hearing at 7:56 p.m.
12. GENERAL BUSINESS
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.
Presented By: Safety, Compliance & Facilities Officer Manny Correa Public Comment: There were no public comments.
Council Action: The Council discussed and asked various questions. Safety, Compliance & Facilities Officer Manny Correa, Police Chief Fred Ynclan, and City Attorney Mario U.
Zamora addressed all inquiries. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.
12.2 Economic Development Update.
Recommended Action: Receive a presentation on economic development activities occurring within the City of Tulare.
Presented By: Senior Management Analyst Gladys Gonzalez Public Comment: There were no public comments.
Council Action: This was an informational item; therefore, no action was taken.
12.3 Temporary Encampment Facility Staffing.
Recommended Action: Provide staff direction to recruit two hourly employees to serve as temporary encampment attendants.
Presented By: Assistant City Manager Thomas W. Gaffery IV Public Comment: There were no public comments.
Council Action: Questions were asked by Councilmember Mederos and Councilmember Sayre. Chief Financial Officer Mark Roberts and Assistant City Manager provided responses thereto. It was moved by Councilmember Sayre, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.
City Council Meeting Minutes Tuesday, April 15, 2025
City of Tulare Page 4 of 4
12.4 Approval of Budget Adjustments.
Recommended Action: Adopt a resolution approving adjustments to the City of Tulare Fiscal Year 2025 budget.
Presented By: Chief Financial Officer Mark Roberts
Public Comment: There were no public comments.
Council Action: Council requested further clarification on the budget adjustments. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to adopt a resolution amending the Fiscal Year 2024 and Fiscal Year 2025 budgets.
13. FUTURE AGENDA ITEMS - NONE SUBMITTED
14. STAFF UPDATES
Staff provided updates on department activities.
15. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 8:46 p.m.
These meeting minutes were approved by the Council on May 6, 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: May 6, 2025
Department: Police
Submitted by: Greg Merrill, Captain
Agenda Title: Replace Existing FARO (Focus Laser Scanner)
RECOMMENDED ACTION
1. Authorize the establishment of an Equipment Replacement appropriation of $60,952.02 and use of Equipment Replacement for purchase of a 3D Laser scanner for the Police Department.
2. Authorize the purchase of a FARO 3D Laser Scanner for the Police Department from ZNet Tech, LLC of Olney, Maryland, utilizing U.S. General Services Administration (“GSA”) Contract #47QTCA18D003S in the amount of $60,952.02 and authorize a 5% contingency of $3,048 for a total not to exceed the amount of $64,000.
SUMMARY
A 3D scene scanner is a critical tool for police departments, enabling precise 3D documentation of crime scenes, accident sites, and other forensic investigations. However, over time, these devices can become outdated or unreliable due to technological advancements and wear from continuous use. Older models may suffer from slower processing speeds, reduced accuracy, and compatibility issues with newer software, making it difficult for police department personnel to efficiently capture and analyze critical evidence. To maintain the highest standards in forensic documentation, replacing an aging Faro scanner with a modern version is essential for ensuring accuracy and efficiency in investigations.
Law enforcement agencies must ensure that their forensic tools remain compliant with industry standards and legal requirements. Courts expect high-quality, accurate digital reconstructions, and an outdated scanner may not meet the evidentiary standards necessary for admissibility in court. As criminal cases increasingly rely on advanced forensic technology, police departments must proactively replace older scanners to avoid potential legal challenges. Upgrading to a new Faro scanner not only enhances operational efficiency but also strengthens the integrity of forensic investigations, ultimately improving the department's ability to serve and protect the community.
The current 3D scene scanner for Tulare Police Department was purchased in July,2019. We have been notified by the manufacturer that is no longer recommended to be used as a primary and needs to be replaced. The old scanner will be retained and used as a training device.
FISCAL IMPACT & FUNDING SOURCES
This appropriation requires the use of Equipment Replacement Fund unassigned fund balance of $60,952.02 from Police Equipment. There are sufficient funds available in the Equipment Replacement, Police Equipment for this purchase.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
Item #: 11.3
Consent
ATTACHMENTS
1. GSA Quote
Reviewed/Approved:
Quote
GSA Schedule 47QTCA18D003S 0325-31 Tulare
Remit To:
ZNet Tech, LLC Ship To: Tulare Police -CA
PO BOX 213 Tulare,United States
Olney, MD 20830 Address: 411 E Kern Ave 3902819
301 200-4715 office Tulare,CA,93274-425
301 200-4716 fax Customer bill-to: Josh Avalos
Address:
CUST ID: BID / QUOTE: POINT OF CONTACT: BID DATE: Required Date F.O.B. TERMS 0325-31 Tulare Gary Block 202 262-8002 / [email protected] 26-Mar-25 ASAP EXW Origin Net 30 DUNS: 610551637 TIN: 20-3728205 Cage: 499V5
Line Item Product Number Product Description GSA/Open Market Unit Price Quantity Extended Price S9-PU-TAA FARO Focus Premium 200m USA TAA 1 42,835.00 $ Ships with: scanner head, Status Indicator, Quick Release, Battery, Power Dock , Power Supply, 64GB SD card, transport case, calibration certificate, quick start guide, manufacturer warranty
ACCSS8032 Standard Carbon Fiber Tripod 1 1,205.00 $
Carbon fiber tripod, super lightweight,
highly stable, low-vibration,
customized for Focus scanners for
perfect performance and increased durability
ACCS-PWR-0014 Focus Battery Power Block 1 565.00 $
Power Block battery for Focus laser scanner and Freestyle ACCS-0016 Panocam Mount 1 519.00 $
High Speed Color Add-On mount to connect a high-resolution panoramic camera with the accessory bay of a FARO Focus laser.
Panoramic camera not included.
ACCSS8063 High Resolution Panocam 1 1,435.00 $
High resolution panorama camera for
FARO® ScanPlan, records 360°
images in high resolution and high
quality, still image resolution 6720 x 3360
TR-BL-SCN-POS Scanner Training - Facility POS 1 - $
Blended Learning Training combines flexible online modules with interactive face-to-face sessions for a comprehensive educational experience. Course includes the principles of Scanner operation, setup, and basic measurements and software. Classroom trainings are scheduled on a first come first served basis. Classes can be cancelled within two weeks of the scheduled date if sufficient enrollment is not met. Point of Sale training includes up to 2 persons for online course and 2 day classroom session
SV2-SCN-Y3 FOCUS Premium Complete Care - Year 3 1 $ 4,583.00 Complete care coverage for Focus Premium scanners. Includes parts and labor for repairs and annual cleaning and calibration. Covers through year3 from point of sale.
SSA0900-3Y SCENE Subscription 3 years 1 $ 5,135.00
SCENE Subscription 3 year New License Includes standard maintenance for three years. License containers sold separately.
Contract Date: 01/16/2025 - 01/16/2028
ZNet Tech, LLC. Small Business 47QTCA18D003S SUBTOTAL $ 56,277.00 Sales Tax $ 4,642.85
Thank you for considering ZNet Tech, LLC.. S&H $ 32.17
TOTAL $ 60,952.02
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manny Correa, Safety, Compliance & Facilities Officer Agenda Title: Second Reading and Adoption of Ordinance 2025-05
RECOMMENDED ACTION
Adopt Ordinance 2025-05 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.
The City Council passed to print the ordinance at the April 15 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 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.
Item #: 11.4
Consent
ATTACHMENTS
1. Ordinance 2025-05
Reviewed/Approved:
ORDINANCE 2025-05
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 2025-05
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 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 2025-05
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 a 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 2025-05
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 similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include the 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 2025-05
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 2025-05
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 6th day of May 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: May 6, 2025
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Adding Annexed Territory to Council District
RECOMMENDED ACTION
Adopt a resolution adopting the revised City Council Election District Boundaries to include the recently annexed territory through the Mission Creek Annexation to Council District 5.
SUMMARY
Since 2012, the City has been comprised of five single-member electoral districts. In 2021/2022, after the federal decennial census and under the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act (AB 849), the City Council held numerous redistricting public hearings.
On March 15, 2022, the City Council adopted Resolution No. 2022-07, adjusting the boundaries of City Council Election Districts following the 2020 United States Census.
Pursuant to the California Elections Code (EC), after redistricting, a city council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances: 1) court order; 2) the council is settling a legal claim that its boundaries violate the U.S.
Constitution, the federal Voting Rights Act; 3) the boundaries of the city change by the addition of territory due to annexation or by subtraction of territory; 4) the number of council members by districts is increased or decreased; or 5) an independent redistricting commission is established to adopt new council districts between federal decennial census. (EC § 21625, subd. (a)) On October 9, 2024, Annexation 2023-01, East Tulare No. 37 Mission Creek, was approved by the Tulare County Local Agency Formation Commission (LAFCO). This annexation added approximately 39.25 acres to the City of Tulare located at the Southwest corner of Bardsley Avenue and the Oakmore Street alignment.
Since the annexation adds territory to the City, state law specifies that the City Council shall add the new territory to the nearest existing council district without changing the boundaries of other council districts. (EC § 21623, subd. (a))
City staff reviewed the City’s current boundaries and recommends the annexed area be absorbed by District 5 as the annexed area is adjacent to District 5. Accordingly, District 5 is the most appropriate designation until the City reviews its boundaries during the next decennial census.
Upon City Council adoption and approval, the City Clerk will transmit the City Council action to the County of Tulare Registrar of Voters (ROV). The City’s next regular municipal election is November 3, 2026. The City is not expected to adjust voting districts until the next decennial census in 2030.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
Item #: 11.5
Consent
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution
Reviewed/Approved:
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING THE REVISED CITY COUNCIL ELECTION DISTRICT BOUNDARIES WHEREAS, on March 15, 2022, the City Council of the City of Tulare adopted Resolution 2022-07, adjusting the boundaries of City Council Election Districts following the 2020 Federal Census; and
WHEREAS, on July 2, 2024, the City Council adopted resolutions requesting the Tulare County Local Agency Formation Commission (LAFCO) to take proceedings for Annexation No. 2023-01 (East Tulare No. 37 – Mission Creek) and certifying the Final Environmental Impact Report with appropriate Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program prepared for the Mission Creek Subdivision and Annexation Project in unincorporated territory in the southeast region of the City; and WHEREAS, the Tulare County Local Agency Formation Commission subsequently approved the annexation of the Mission Creek territory into the City of Tulare; and WHEREAS, pursuant to California Elections Code Section 21623(a), “if the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries”; and WHEREAS, City staff reviewed the City’s current boundaries and recommends the annexed Mission Creek territory be absorbed by the nearest existing council district, District 5.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City Council hereby approves the revised City Council Election Boundaries Map, attached hereto as Exhibit A, as the official District Map for City Council elections in the City of Tulare.
Section 2. City staff are hereby authorized and directed to work with the Tulare County Elections Officer/Registrar of Voters who shall prepare election ballots consistent with the attached map to conduct any additional acts necessary to permit implementation of these adopted council districts for future elections.
Section 3. The City Council Districts specified in Exhibit A shall remain in effect until modified.
Section 4. This Resolution and its Exhibit shall be published and available on the City website for as long as the City Council Districts approved by this resolution are in effect.
Resolution 2025-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 6th day of May 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
1 2
3 4
5 Council Council Election Boundaries Map
Legend
District
1 2
3 4
5 City Boundary
0 0.5 1 2
Miles F
Date Exported: 4/28/2025 9:09 AM
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Purchase of Bauer Self-Contained Breathing Apparatus Air Compressor
RECOMMENDED ACTION
Authorize the City Manager to approve the purchase of a new Bauer Self-Contained Breathing Apparatus (SCBA) Air Compressor in the amount of $91,953.40 utilizing California State Purchasing Contract and approve the appropriation of up to $96,953.40 in Equipment Replacement Fund 623-4623-7702 for this project.
SUMMARY
The fire department is requesting approval for the City Manager to execute a contract with Bauer Compressors of Livermore, California in the amount of $91,953.40 to purchase, deliver, install, and provide training to City of Tulare Fire Department personnel a new SCBA air compressor. The contracted price is $91,953.40 with a request for an additional allocation of up to $5,000 for Facilities Maintenance to ensure all electrical requirements are installed or upgrades to meet the specifications of the new compressor.
Currently, the fire department has a 16-year-old Bauer 2-bay fill station compressor at Fire Station 61.
Over the past few months, this unit has required extensive maintenance and was out of service for 10 days. Thus, reducing the capabilities of the fire department to fill their SCBA after emergency response and ensure firefighters have safe and dependable breathing air. Like all mechanical equipment, aging, wear and tear is inevitable, and this compressor can no longer be reliable for use as the primary means to fill firefighter SCBA bottles. Additionally, with the increased staffing and the utilization of more SCBA bottles during emergency response, the likely hood of more frequent breakdowns is probable and costly.
As this unit only has 2-bays to fill SCBA bottles, it takes approximately 2-3-hours to re-fill the bottle and make ready for the next emergency. Finally, whereas the fire department has back-up equipment like fire engines, Jaws of Life…etc. as second count during lifesaving interventions, this compressor still has some use. It will be relocated to Fire Station 63 as a back-up and will be utilized during training exercises at that location.
The new Bauer Unicus 4S/18H-E3 is equipped with a 3-bay filling station and new technology to fill SCBA bottles more efficiently and safer. Therefore, reducing the filling time from 2-3 hours to around 1.5 hours, which expedites getting the fire crews back in service to provide fast emergency response. Bauer is the department’s current maintenance contractor which will provide consistency in the equipment’s care and serviceability for its lifespan.
FISCAL IMPACT & FUNDING SOURCES
This project requires appropriation and use of Equipment Replacement Fund (Fund 623) unassigned fund balance of $96,953.40.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
Item #: 11.6
Consent
ATTACHMENTS
1. California State Contract # 1-24-42-07
2. Bauer Compressor Quote – 26 March 2025
Reviewed/Approved:
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
MANDATORY
*Supplement 2*
*(Incorporates Supplement 1-2)*
ISSUE AND EFFECTIVE DATE: *11/6/2024*
CONTRACT NUMBER: 1-24-42-07
DESCRIPTION: SCBA Compressors
CONTRACTOR: Bauer Compressors, Inc.
CONTRACT TERM: 07/01/2024 through 06/30/2027
STATE CONTRACT ADMINISTRATOR: *Jennifer Jee*
Phone: *(279) 946-8082*
Email: *[email protected]*
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions (rev 6/21/2022)
Cal eProcure link: www.caleprocure.ca.gov
ORDER PLACEMENT INFORMATION
Bauer Compressors, Inc.
1216 Stealth Street
Livermore, CA 94551
Fax: (925) 449-7201
Email:
[email protected]
Bauer Compressors, Inc.
Tim McGuire
Phone: (925) 449-7210
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Date
*2* Subject contract is hereby modified to reflect
the following change:
Cover Page and Article 23 updated to
reflect new contract administrator
11/6/2024*
1 Subject contract is hereby modified to reflect the
following change(s):
Article 32: updated language and included
list of vetted forms and certifications
07/31/2024
N/A Original Contract Posted 07/01/2024
All other terms and conditions remain the same.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
SCOPE
The State’s contract with Bauer Compressors, Inc. (Contractor) provides SCBA Compressors at contracted pricing to the State of California and local government agencies in accordance with the requirements of Contract # 1-24-42-07. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of SCBA Compressors to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.
CONTRACT USAGE/RULESHE
A. State Departments
• The use of this contract is mandatory for all the State’s departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. State departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
B. Local Government Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products. While the State
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local government agencies eligible to utilize this contract.
Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
DGS ADMINISTRATIVE FEES
A. State Departments
DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Government Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-Procurement Division (hereafter “DGS-PD”) an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.
EXEMPT PURCHASES
There are no exempt purchases associated with this contract.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State’s Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
SPECIFICATIONS
All core catalog products listed on Attachment A, Contract Pricing, must conform to contract specifications as set forth in Attachment B - Specification 4210-0301845_1, R3.
CONTRACT ITEMS
Contract items are categorized under two (2) main categories:
A. Core Items:
Core items are available for purchase by ordering agencies at a fixed contract price as set forth in Attachment A - Contract Pricing.
B. None-Core Catalog:
Non-core catalog items are items available in the Contractor’s catalog. Non-core items shall be limited to items within the scope of the SCBA Compressors, component parts, and consumables that are not included as part of the core items identified in Attachment A - Contract Pricing.
Non-core catalog items shall be available for purchase at a 25 percent discount off list price. Non-core catalog items may be offered at a greater discount than the contract discount off list. Non-core items at a discount less than as noted above will not be considered.
Items outside of the scope of this contract shall not be purchased under this contract.
The non-core catalog, including list prices, can be found here: Bauer Non-Core Catalog.
CUSTOMER SERVICE
The Contractor has a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
Contact Phone Email
Tim McGuire (925)449-7210 [email protected]
PRODUCT SUBSTITUTIONS
Product substitution shall occur in accordance with the General Provisions (rev 6/21/2022), Article 16 entitled “Substitutions”.
PROMOTIONAL PRICING
The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines.
PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (select STD Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
3) Blanket Purchase Orders
The use of blanket purchase orders against this statewide contract is not allowed.
B. Local Government Agencies
Local governmental agencies may use their own purchase documents for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).
MINIMUM ORDER
There is no minimum order for this contract.
ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The Contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
Bauer Compressors, Inc.
1216 Stealth Street
Livermore, CA 94551
Fax: (925) 449-7201 Email:
[email protected]
When using any of the ordering methods specified above, all ordering agencies must conform to proper State law, policy, and procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
ORDER RECEIPT CONFIRMATION
The Contractor shall provide ordering agencies with an email or facsimile order receipt confirmation within two (2) business days of receipt of a purchase document.
The Order Receipt Confirmation shall include the following information:
• Contractor’s Order Number
• Ordering agency name
• Agency order number (purchase order number)
• A Detailed Description of the Goods to be Shipped
• Purchase order total cost
• Anticipated delivery date
• Identification of any Out of Stock/Discontinued Items
DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:
A. Locations
Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks.
B. Schedule
Delivery of ordered product shall be completed in full within seventy (70) calendar days after receipt of an order (ARO), unless otherwise agreed to in writing by the ordering agency.
Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs.
The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.
The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
C. Security Departments
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.
Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.
Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.
FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point.
Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions (rev 6/21/2022), Article 12 entitled “Packing and Shipment.
PACKING SLIP
Packing slip requirements shall be in accordance with the General Provisions (rev 6/21/2022) Article 12 entitled “Packing and Shipment”.
INSTALLATION
The Contractor shall set/secure all SCBA Compressor units in place, render said units operational, and remove all dunnage at no cost to the ordering agency. At the time of installation, the Contractor shall ensure that the purchase order has been delivered in full.
Additionally, at no cost to the Ordering Agency, the Contractor shall conduct all initial onsite tests required by California OSHA regulations to render the unit usable, including, but not limited to, air sample testing, Kunkle valve testing, and CO calibration.
The Contractor shall also, at no additional cost to the ordering agency, provide quality assurance signage for all breathing air systems by an accredited testing laboratory.
At the time of ordering, the ordering agency shall collaborate with the Contractor to ensure all public works related tasks have been completed prior to the Contractor delivering and securing the SCBA Compressor. The ordering agency and Contractor will mutually
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
collaborate to identify all requirements (e.g., power, foundation) for installation at the specific field location.
Public works are NOT part of this contract.
INSPECTION AND ACCEPTANCE
Inspection and acceptance shall be in accordance with the General Provisions (rev 6/21/2022), Article 17 entitled “Inspection, Acceptance and Rejection”.
Acceptance shall not occur until the installation requirements of Section 21, Installation are satisfied in full.
CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.
Administrator
Information DGS-PD Bauer Compressors, Inc.
Contact Name: *Jennifer Jee* Tim McGuire
Telephone: *(279) 946-8082* (925) 449-7210
Facsimile: N/A (925) 449-7201
Email: *[email protected]* [email protected] Address: DGS/Procurement Division
Attn: *Jennifer Jee*
707 Third Street, 2nd Floor,
MS 201
West Sacramento, CA
95605
Bauer Compressors, Inc.
Attn: Tim McGuire
1216 Stealth Street
Livermore, CA 94551
INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.
Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than fortyfive (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
B. Cal Card Use
State departments may use the CAL-Card for the payment of invoices. Use of the CALCard requires the execution of a Purchasing Authority Purchase Order (Std. 65) and must include all required documentation applicable to the purchase.
The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase.
C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
D. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. The Std. 204 can be found in FI$CAL or may be requested from the Contractor.
CAL-CARD INVOICING
All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article 24, Invoicing. CAL-Card invoices shall be
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
submitted to the CAL-Card account holder. The total invoice amount for each CAL-Card order must reflect a zero (0) balance due or credit, if applicable, and state “paid by CALCard”.
This website contains additional information regarding DGS-PD’s CAL-Card program.
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.
State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.
Contractor Name Seller Permit #
Bauer Compressors, Inc. 21-820120
WARRANTY
Equipment furnished for this solicitation shall operate satisfactorily and be free from any defects in materials and workmanship. Contractor shall bear all material, labor and transportation costs for repair of defects and failures occurring within the warranty period.
Equipment shall have a minimum warranty period of three (3) years (36 months) from the date of Acceptance (see Section 22, Inspection and Acceptance), at no cost to the ordering agency. Any standard OEM warranties that exceed the minimum warranty requirements shall be made available to the ordering agency.
At no cost to the ordering agency, warranty technical support and service shall be provided by the Contractor to any location that has an onsite an SCBA Compressor purchased through this contract.
Technicians shall be OEM certified and sufficiently trained to inspect, service and repair the OEM's SCBA Compressors. Upon request by the ordering agency, the Contractor shall identify the name(s) and qualifications of the technical support personnel to provide the requested service, within five (5) business days of the request for service by the ordering agency.
During the warranty period, service personnel and repair parts shall be readily available from the Contractor. Warranty replacement parts shall be made available to the ordering agency within seventy-two (72) hours from the date of the order, whether the order is made by telephone or in writing. Freight or transportation costs for warranted parts are the responsibility of the Contractor and the use of overnight delivery is required when a Compressor is out-of-service due to needed parts.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
TRAINING
Contractor shall provide manufacturer authorized technical instruction covering the proper use and maintenance of the SCBA Compressor and all associated parts.
Training shall take place onsite at various locations to be determined by the ordering agency.
This shall include initial training at the time of installation, and if purchased, additional end user training.
A. Initial Training
Contractor shall provide initial manufacturer’s authorized technical training at each installation site of the SCBA Compressors of to up to ten (10) designated personnel of the ordering agency. This training shall cover the proper operation and maintenance of the SCBA Compressor and all associated parts and be provided at no cost to the ordering agency.
B. Training Materials
Contractor shall provide multimedia (print media and on-line access materials) educational materials for each SCBA Compressor type for each location at the time of delivery and installation. These materials should cover the proper use and maintenance of the SCBA Compressor, at minimum, and be provided at no cost to the ordering agency.
C. Additional End User Training
As needed, and beyond the initial training, the Contractor shall make training available to the Ordering Agency per the rate set forth in Attachment A, Contract Pricing.
Travel expenses for Additional Training shall be borne by the Contractor and are not to be charged to the Ordering Agency.
This end user training is not included under initial training requirements of this section.
RECYCLED CONTENT
There is no recycled content associated with this contract.
SMALL BUSINESS (SB) OR DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)
PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-24-42-07
Contract User Instructions *Supplement 2*
VETTED FORM/CERTIFICATIONS
DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:
• GenAI Disclosure & Factsheet (STD 1000)
• Bidder Declaration Form (GSPD 05-105)
• DVBE Declaration Form (DGS-PD 843)
• Darfur Contracting Act Form
• California Civil Rights Certification Form
• Iran Contracting Act Certification
• Russian Sanctions Agreement
• Federal Debarment
State departments should make a notation of this within their procurement file. .
ATTACHMENTS
Attachment A – Contract Pricing
Attachment B – Specification 4210-0301845_1, R3
1216 Stealth Street
Livermore, CA 94551
Phone: 925-449-7210
Fax: 925-449-7201
To: Date:4/29/2025
Mike Davis
City of Tulare Fire Department
Phone: 559-471-8176
Email: [email protected]
Quotation Valid for 90 Days.
ITEM QTY DESCRIPTION PRICE AMOUNT
1 1 Unicus 4S/18H-E3 $77,192.00
Working pressure: 6,000 psi
Charging rate: 18.0 scfm
Horsepower: 15 three phase
Includes Electronic Co Monitor,
Four (4) 6,000 psi ASME
Air Storage Cylinders and
100ft. High Pressure Hose Reel
2 1 50ft. High Pressure Hose Assembly $825.00
With CGA347 Female & CGA347 Male
Sub Total $78,017.00
Sales Tax 8.25% $6,436.40
Freight $5,500.00
Installation/Startup/Training $2,000.00
Total $91,953.40
California State Contract No. 1-24-42-07
Note: The compressor will be delivered to the Fire Department and placed into the installation site by Bauer. We will make the final hook up to the supplied electrical power, make the final run test of the compressor and perform operational training for Tulare FD personnel.
Prices do not include shipping/handling charges or sales tax unless specified.
Quotation prices are valid for 90 days. Call 925-449-7210 if the expiration date is past.
Thank you for the opportunity to submit this quotation. If you have any questions, please give us a call.
Sincerely,
Tim McGuire
(925) 449-7210
[email protected]
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Regional Surface Transportation Program Exchange Fund Claim
RECOMMENDED ACTION
Adopt a resolution authorizing the City Finance Director to file a claim with the Tulare County Association of Governments (TCAG) for the City of Tulare’s Fiscal Year 2024-2025 apportionment of Regional Surface Transportation Program funds.
SUMMARY
Each year, the City receives an apportionment of federal Regional Surface Transportation Program (RSTP) funds in exchange for State Highway Account funds from the Tulare County Association of Governments (TCAG). For Fiscal Year 2024-2025, the amount of RSTP funds available to claim from TCAG is $455,751.77.
In order for the City to receive distribution of RSTP funds, TCAG requires a Resolution of the City Council authorizing a specific person to file the claim form. Attached is a draft Resolution authorizing the Finance Director to sign and submit the claim to TCAG for RSTP funds in the amount of $455,751.77 For Fiscal Year 2024-2025. The funds will be allocated to CIP Project EN0074 – Cross Avenue Improvements. This project is programmed in the City’s Capital Improvement Program for Fiscal Years 2023/2024 thru 2027/2028.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no immediate fiscal impact associated with this authorization. Upon successful claim and award of RSTP funds, staff will return to the City Council for approval and appropriation of the funds to the Gas Tax Fund, as required by TCAG.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny - Denial would result in the loss of RSTP funding allocated to the City for Fiscal Year 2024- 2025.
3. Table - Delay in the adoption of the subject resolution could jeopardize the RSTP funding allocation.
LEGAL REVIEW
1. Resolution
2. 24-25 RSTP Claim Form
Reviewed/Approved:
Item #: 11.7
Consent
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE FINANCE DIRECTOR TO FILE A REGIONAL SURFACE
TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUND CLAIM FORM FOR FISCAL YEAR 2024-2025
WHEREAS, the Tulare County Association of Governments (TCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2 years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, TCAG is the designated MPO for Tulare; and
WHEREAS, the Annual RSTP Exchange Program fund apportionment is an ESTIMATE and subject to change during the Fiscal Year 2024-2025 due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional actions (i.e., rescissions); and
WHEREAS, the FINAL RSTP Exchange apportionment amount is published at the end of Fiscal Year 2024-2025 and can be different than the ESTIMATE of RSTP Exchange apportionment figure; and
WHEREAS, annually, Caltrans sends TCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and
WHEREAS, TCAG applies a population-based distribution formula using current Department of Finance (DOF) population estimates (January 2024) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to TCAG member jurisdictions; and
WHEREAS, the ESTIMATE of RSTP Exchange Program fund apportionment amount available to claim in Fiscal Year 2024-2025 for the City of Tulare is $455,751.77; and WHEREAS, payment of the ESTIMATE of RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between TCAG and Caltrans, as well as the TCAG RSTP Exchange claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23 of the United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code; and Resolution 2025-XX
WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for Fiscal Year 2024-2025 than the ESTIMATE of RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before TCAG could instruct the Tulare County Auditor-Controller's Office to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for Fiscal Year 2024-2025 than the ESTIMATE of RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before TCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Tulare County Auditor-Controller's Office to distribute the lower Fiscal Year 2024-2025 FINAL RSTP Exchange Program fund amount to member agencies; and WHEREAS, the City of Tulare has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Tulare to authorize the Finance Director to sign the Fiscal Year 2024-2025 RSTP Exchange Program fund claim form and to submit said claim form to TCAG for processing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The Finance Director is hereby authorized and directed to sign and submit the above described Fiscal Year 2024-2025 RSTP Exchange Program fund claim form and submit said claim form to TCAG for processing..
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X, 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
Claim to the Tulare County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2024/2025
Claimant: City of Tulare
FY 2024/2025 Claim Amount: $455,751.77
Project Cost of
Project
Air
Quality
Exempt
1. Cross Avenue Improvements $455,751.77
2. $
3. $
4. $
Claim Guidelines:
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.
Claim Instructions:
1. List (print or type) each INDIVIDUAL project to be funded with this claim.
2. List the amount of funds to be used for each project.
3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the “Exempt” box. ()
4. If the project is a capacity expanding project and the “build” alternative of the air quality conformance analysis has been completed for the project as required check the “Air Quality” box. () Claim to the Tulare County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2024/2025
Claimant: City of Tulare
FY 2024/2025 Claim Amount: $455,751.77
It is understood by City of Tulare, (claimant) that payment of this claim is subject to approval by the TCAG Governing Board and must be in accordance with the TCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.
The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from TCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.
If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to TCAG for credit to the special account described above.
Further, the Finance Director of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.
Authorized Representative:
Signature
Print Name
Title
Date
Executive Director, TCAG
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Design Consultant Contract Amendment for Project EN0097
RECOMMENDED ACTION
Authorize the City Manager or designee to sign a $47,000 contract amendment with Peters Engineering Group of Clovis, CA, for additional design services related to CIP Project EN0097 – International AgriCenter Way Extension.
SUMMARY
On December 20, 2022, City Council approved a contract with Peters Engineering Group (P.E.G.) of Clovis, CA in the amount of $324,555 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0097, a street and utility improvement project to extend International AgriCenter Way (IAC Way) from Laspina Street to Turner Drive. At the time, the project scope contemplated the extension of a gravity sewer main in International AgriCenter Way from Turner Drive as far to the west as the topography of the terrain would allow. As design of the project progressed, it became apparent that such a design would only allow for the sewer main to be extended to a location less than half the distance to Laspina Street. Significant portions of the properties that are expected to develop as a result of the new IAC Way interchange and the extension of IAC Way would be faced with the challenge on not being served by City sewer. In response, on October 17, 2024, the Board of Public Utilities authorized Carollo Engineers, Inc. to perform a sewer needs assessment to determine recommended solutions to serve the area. The findings of the Carollo study recommended the following improvements to provide service:
• construction of a sanitary sewer lift station located on IAC Way in close proximity to its intersection with Laspina Street,
• construction of a sewer force main in IAC Way to pump flows from the lift station upgradient to Turner Drive, and
• construction of a gravity sewer in the westerly portion of the IAC Way extension to provide points of connection to adjacent properties.
The cost of constructing these improvements would pose a significant challenge to any individual property owner seeking to develop their property. Furthermore, installation of these improvements after construction of the IAC Way extension would require excavation and trenching in the new roadway.
Incorporating the improvements into Project EN0097 is the preferred course of action. To that end, staff requested that P.E.G. provide a proposed contract addendum to incorporate the additional sewer improvements into their design. Staff also requested that P.E.G. include a work element to assist the City with the preparation and processing of all documentation associated with the $4 million in federal earmark funding allocated to the project. The proposed contract amendment from P.E.G. is attached for reference and would result in additional fees of $47,000. Project Management has reviewed the proposed contract amendment and concluded that the suggested costs are reasonable and in line with engineering consultant costs encountered on similar City projects.
FISCAL IMPACT & FUNDING SOURCE(S)
Additional costs would be charged to project account string EN0097-050-0200, “Professional Services/Consultant.” The funding sources contributing to this project include:
• Measure R Local
Item #: 11.8
Consent
• Streets DIF Fund
• Water DIF Fund
• Sewer DIF Fund
• Other General Fund CIP
• Private Party Contributions (Benefit District)
• Federal Earmark
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work to incorporate any changes or recommendations directed by Council.
2. Deny - Should Council deny the request to amend the existing design contract with P.E.G., the City would not be able to incorporate sewer improvements necessary to serve properties in the vicinity of the International AgriCenter Way interchange into the project.
3. Table - Postponing the amendment to the contract with P.E.G. could delay the project schedule and risk the loss of $4 million in federal funding.
ATTACHMENTS
1. Peters Engineering Group Contract Amendment No. 1
Reviewed/Approved:
April 22, 2025
Mr. Michael Miller
City Engineer
CITY OF TULARE
411 East Kern Avenue
Tulare, California 93274
Subject: International Agri-Center Way Extension Project #EN0097 Contact Amendment No. 1 – Additional Work Required for Sewer Design Change and Federal Project Processing for Earmark Grant
Please find enclosed our proposed scope of services and fee for Contract Amendment No. 1 for new design of sewer improvements and assistance with federal project processing. To authorize us to add the work described herein to our current contract, please sign below and return this letter to our office.
Thank you for the opportunity to provide you with this proposal. Please feel free to call me should you have any questions.
PETERS ENGINEERING GROUP
David Peters, P.E., T.E., PTOE
Principal Engineer / Project Manager
Approved By:
Attachments: Exhibit A - Scope of Services
Exhibit B – Original Sewer Proposal
Exhibit C – Revised Sewer Proposal Date:
Exhibit D – 2025 Prelimniary Costs
Exhibit E – CPFCDS Program
Exhibit “A”
23-005.01 Contract Amendment No. 1.doc 2 of 3 Peters Engineering Group
SCOPE OF SERVICES
Contract Amendment No. 1 – Additional Work Required for Sewer Design Change and Federal Project Processing for Earmark Grant
City of Tulare, California
BACKGROUND
Peters Engineering Group’s scope of work for the International Agri-Center Way Extension project includes design for City of Tulare sewer, water, traffic signal, street construction, signage, and striping infrastructure. These improvements were identified in the approved contract. Regarding the sewer design, the initial direction from City staff was to extend the existing sewer southeast in Turner Avenue and then southwest in International Agri-Center Way. Due to the existing gradient of the project area, the sewer was only able to extend about halfway to Laspina Street before running out of grade. This is shown on Exhibit B.
After conferring with City of Tulare Public Utilities Department and with the adjacent property owners, City staff contracted with a consultant to prepare a sewer drainage study for the area surrounding the extension of International Agri-Center Way. The sewer study included the following recommendations as shown on Exhibit C:
Install a 0.96 Million Gallons per Day (MGD) lift station at the corner of Laspina Street and International Agri-Center Way as shown in Exhibit D. Provide a 6” sewer force main from the proposed lift station to the last manhole on Turner Avenue north of International Agri-Center Way.
Provide gravity sewer (10” and 8”) in International Agri-Center Way draining to the lift station as shown on Exhibit C.
Based on these recommendations, the current plans, specifications, and estimate will need to be updated. The design will include an electrical service, construction of the wet well, force main, valves, and emergency bypass pump connection similar to that constructed at the Bardsley Avenue Grade Separation. Pump and panel design and placement will be deferred to the first development project within the service area. An application for service will be processed with SoCal Edison. The legal descriptions for dedication of the ROW for the International Agri-Center Way alignment will be revised to include the lift station property.
A limited survey of Laspina will be required to assist in determining the depth of the sewer lift station wet well.
Additionally, Peters Engineering Group will assist the City of Tulare with preparation and processing of required documents for the full approval of funding from the Community Project Funding/Congressionally Directed Spending (CPFCDS). In May 2024, the City received initial allocation of $4 million in federal funding for the extension of International Agri-Center Way through this earmark. In order to receive the full approval for the funding, the City must follow the steps outlined in Exhibit E, which include submittal and approval of NEPA documents for the project and preparation of a Caltrans Exhibit 15-M Detailed Estimate.
Exhibit “A”
23-005.01 Contract Amendment No. 1.doc 3 of 3 Peters Engineering Group
WORK TASKS
Peters Engineering Group will prepare an updated design for the sewer that will be included in the improvement plans for the project. The legal descriptions for the International AgriCenter Way alignment will be revised to include the area for the lift station. The plans will include details for portions of the proposed lift station. A limited topographic survey of Laspina will be prepared and analyzed to assist in determining the depth of the proposed lift station. Finally, Peters Engineering Group will prepare the NEPA document and an Exhibit 15-M Detailed Estimate for review and approval by Caltrans Local Assistance staff.
The International Agri-Center Way alignment was recently re-staked for review by the adjacent owners. The fee for that work is included in the amounts identified below.
COMPENSATION
Consultant’s fee for services as described herein is as follows:
Description
Existing
Budget
Additional
Budget
Revised
Budget
Task 102 Topographic Survey $43,470 $3,000 $46,470
Task 203 Prepare 100% Plans, Specifications,
and Estimate & Design Review Meeting $34,960 $30,000 $64,960 Task 204 Construction Documents $29,640 $8,000 $37,640
Task 205 ROW Acquisition and Staking $18,700 $6,000 $24,700
Total Amendment No. 1 = $47,000
")=
")=
E PAIGE AVE
TAHOE AVE
SOLANO AVE
COMMERCIAL AVE
SUNRISE
ST
STHY 99
S I ST
TUOLUMNE AVE
BLACKSTONE ST
E FOSTER DR
E BEACON AVE
E ADDIE AVE
BRIGHT ST
S K ST
S LASPINA ST
S BLACKSTONE ST
INDUSTRIAL AVE
TEX DR
TURNER DR
K Street LS
Last Revised: February 11, 2025 pw://Carollo/Documents/Client/CA/Tulare/203734000000/03 Reports and Studies/02 Deliverables/ O
0 0.1 0.2
Miles
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.
Engineering and/or survey accuracy
is not implied.
Data Sources: Fill in the name of the
data sources used in this map including
aerial imagery.
FEBRUARY 2025 / DRAFT / CAROLLO
Figure 11 Alternative 1 - Proposed Sewer Network
CITY OF TULARE
IAC INTERCHANGE AREA DEVELOPMENT STUDY
Legend
")= Wastewater Lift Station
Tulare City Limits
Urban Development
Boundary
Parcels
Industrial Sewer
Domestic Sewer
8" and Smaller
10" - 21"
24" or Larger
Proposed 15" - 18"
Proposed Gravity Mains, 8"
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Proposed Force Main, 6"
Contributing Service Areas
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Proposed LS
8"
8"
8"
8"
8"
8"
15"
18"
6"
Exhibit "B" Original Proposal
Previously in International Agri Center Way Project
")=
")=
E PAIGE AVE
TAHOE AVE
SOLANO AVE
COMMERCIAL AVE
SUNRISE
ST
STHY 99
S I ST
TUOLUMNE AVE
E BEACON AVE
BLACKSTONE ST
E FOSTER DR
E ADDIE AVE
BRIGHT ST
S K ST
S LASPINA ST
S BLACKSTONE ST
INDUSTRIAL AVE
TEX DR
TURNER DR
K Street LS
Last Revised: February 11, 2025 pw://Carollo/Documents/Client/CA/Tulare/203734000000/03 Reports and Studies/02 Deliverables/ O
0 0.1 0.2
Miles
Disclaimer: Features shown in this
figure are for planning purposes and
represent approximate locations.
Engineering and/or survey accuracy
is not implied.
Data Sources: Fill in the name of the
data sources used in this map including
aerial imagery.
FEBRUARY 2025 / DRAFT / CAROLLO
Figure 12 Alternative 2 - Proposed Sewer Network
CITY OF TULARE
IAC INTERCHANGE AREA DEVELOPMENT STUDY
Legend
")= Wastewater Lift Station
Tulare City Limits
Urban Development
Boundary
Parcels
Industrial Sewer
Domestic Sewer
8" and Smaller
10" - 21"
24" or Larger
Proposed Gravity Mains, 8" - 10"
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Proposed Force Main, 6"
Contributing Service Areas
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Proposed LS
8"
8"
8"
8"
6"
10"
8"
8"
8"
Exhibit "C" Revised Proposal
Included in the Internation Agri Center Way Project
Installation with project
Wet well installation only with project
Exhibit "D" 2025 Preliminary Cost
Portion to be installed see Exhibit "C"
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STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page | 1 Community Project Funded Congressional Directed Spending (CPFCDS) Program Project Funding Application Form
CPFCDS PROJECT ELIGIBILITY CONFIRMATION
LOCAL AGENCY APPLICANT INFORMATION
Agency Name: Date:
County: Congressional District No(s).:
Caltrans District: MPO: RTPA:
YES NO
Does Agency have approved Master Agreement with Caltrans? Will a different agency be administering the project?
Agency Contact .If yes, list agency:
Name: Phone:
Last First
Title: Email:
EARMARK INFORMATION
DOCUMENTATION DEMO ID No.:
Legislated Scope of Work:
CPFCDS FUNDING AVAILABILITY (if unsure of 2nd or 3rd line amts., leave for HQ to complete in review) $
$
$
$
Total funds legislated under Public Law (see CPFCDS web page) Total Obligational Authority (OA) for legislated funds
Total amount of funds available (not already allocated to other projects) Total amount of funds requested for project
Documentation
Is a copy of the CPFCDS web page listing the award attached to the application? YES NO
PROPOSED PROJECT INFORMATION
PROPOSED PROJECT Federal Aid No.: PPNO:
Project Name:
Project Location:
Project Scope:
Version 2024.1104r1
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STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page | 2 Community Project Funded Congressional Directed
Spending (CPFCDS) Program Project Funding Application Form
CONDITIONAL APPROVAL VERSUS FULL APPROVAL
The above information is required for the project to be considered for Conditional Approval to use the CPFCDS funding, which allows authorization of the Preliminary Engineering (PE) funds.
Before RW, and CON/CE can be obligated, Full Approval is required. The below documents are required for the application to be considered for full approval.
Conditional Approval may be secured first, to allow local agencies to develop the project under the PE phase using federal CPFCDS funds (is the scope of work is eligible). Then later, when the below documents are ready, the Full Approval may be obtained with a second submission of this application, which includes the ready documents.
DOCUMENTS REQUIRED FOR FULL APPROVAL REVIEW
Project Plans (in final design stage of work, after NEPA approval; or after Plans complete) Engineers Estimate (use Exhibit 15-M: Detailed Estimate from LAPM) NOTE: If the project includes non-eligible activities or work, the Engineers Estimate must segregate the Earmark eligible activities and quantities from the non-eligible activities and quantities.
YES NO
PROJECT SCHEDULE AND MILESTONES
FUNDING SCHEDULE – ESTIMATED AUTHORIZATION (E76) DATES AND AMOUNTS
PE RW CON
Authorization (E76) Date (est.)
Earmark Amount
PROJECT MILESTONES
PE RW CON
est. Authorization (E76) Date
Earmark Amount
ATTACHMENTS
Documents required for Conditional Approval
Project Scope, Scope Summary, or Scoping Document Equivalent Documents required for Full Approval
Completed NEPA Document
Project Plans (Substantially Complete)
Engineers Estimate (use Exhibit 15-M: Detailed Estimate from LAPM) YES NO
YES NO
Version 2024.1104r1
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page | 3 Community Project Funded Congressional Directed
Spending (CPFCDS) Program Project Funding Application Form
LOCAL AGENCY CERTIFICATION
LOCAL AGENCY CERTIFICATION / CONTACT INFORMATION
I affirm the information in this application is true and correct. I understand any false or inaccurate information submitted in, or as part of this application, may result in the entire project being ineligible for federal funding.
Signature: Date:
Printed Name: Phone No.:
Last First
Job Title: E-Mail:
Distribution: DLAE, project file
DISTRICT REVIEW
DISTRICT LOCAL ASSISTANCE OFFICE USE ONLY
DISTRICT REVIEW / CONTACT INFORMATION
I have done a preliminary review of this application and verify it is complete and supporting documents have been included. If you have any questions, concerns or issues concerning this application you may contact me per the below phone number or email address.
DISTRICT SIGNATURE
Signature: Date:
Printed Name: Phone No.:
Last First
Job Title: E-Mail:
District Comments:
Distribution: DLA (HQ) Earmarks Coordinator; District file Version 2024.1104r1
□
□
□
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page | 4 Community Project Funded Congressional Directed
Spending (CPFCDS) Program Project Funding Application Form DLA REVIEW (A.K.A. HQ) – ELIGIBILTY REVIEW
OFFICE OF FEDERAL PROGRAMS, DIVISION OF LOCAL ASSISTANCE (HQ) USE ONLY Applicant Agency:
Fed Aid No.: DEMO No.: CT District:
Project Name:
His Application for CPFCDS funding is granted:
Full Approval1
Conditional Approval2
Rejected, with comment3
1 Full Approval; CPFCDS funding requests not restricted by phase of work. 2 Conditional Approval; only Preliminary Engineer (PE) CPFCDS funding requests allowed. 3 Rejected: No funding requests allowed for CPFCDS funding Comments (Required if request for CPFCDS funding is rejected)
FEDERAL FUNDING AMOUNT
Phase of Work4 Federal Program Code Reimb. Ratio (Fed/Loc Match) Amount of Awarded Fed Funds 4 Full Approval = All; Conditional Approval = PE Only; Rejected = None or N/A funding not approved for project
DLA-OFP SIGNATURE
Signature: Date:
Printed Name: Phone No.:
Last First
Job Title: E-Mail:
Distribution: DLAE, Agency Applicant (via DLAE), HQ project file Version 2024.1104r1
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Purchase Portable Restroom Trailers for CIP Project PK0033
RECOMMENDED ACTION
Authorize the City Manager or designee to execute a contract for $112,899.35 with Ready 2 Go Restroom Trailer Sales LLC of Pittsburgh, GA, to procure portable restrooms as part of Project PK0033 Zumwalt Park Renovation.
SUMMARY
On September 5, 2023, the City Council awarded contracts for the construction of the Zumwalt Park Renovation Project. This exciting initiative involved a complete redesign of the park, showcasing new amenities that are poised to drive the redevelopment and revitalization of Downtown Tulare. The improvements feature welcoming concrete flatwork, enhanced lighting, and landscaping upgrades, a brand-new playground, an engaging splash pad, an expanded restroom building, secure fencing, informative signage, and enhanced on-site utilities. Additionally, the existing gazebo will be beautifully renovated with new roofing, addressing crucial electrical and ADA accessibility improvements. The crowning addition to the park is the stunning new amphitheater building and stage, promising to be a vibrant hub for community events and gatherings.
The on-site restroom building includes a facility with six stalls, complemented by three additional restrooms at the amphitheater. This arrangement effectively supports daily park activities. However, occupancy regulations require us to offer more restrooms during concerts or events. For the initial trial concerts held in the Fall of 2024, the City rented portable restroom trailers for ADA and VIP use. While that solution was adequate, staff believes that the City’s purchase of its own portable restroom trailers would result in cost savings over time. Additionally, the City could utilize the restroom trailers for other City sponsored events held downtown or elsewhere in the community. Recognizing the benefit these units could provide, both the Chamber of Commerce and Tulare Downtown Association enthusiastically support the purchase.
Utilizing Source Well, the City identified Ready 2 Go Restroom Trailer Sales, which provided competitive quotes for both a standard and an ADA restroom trailer. These portable restroom options include two mobile restroom units. The standard unit provides 3 stations, and the ADA unit provides on ADA station plus 2 standard units. Each restroom suite has an individual entrance and is equipped with a vanity, shatterproof mirror, and pedestal flush toilet. The trailers are fully self-contained with a 105-gallon freshwater tank and a 450-gallon waste tank. Additionally, they offer guests a climate-controlled environment, equipped with air conditioning and a heating strip. The cost of the ADA mobile restroom trailer would be $64,596.31, and the cost of the standard mobile restroom trailer would be $48,303.04. If approved by Council at this meeting, the vendor has indicated that delivery could occur prior to the first scheduled concert at Adventist Health Amphitheater on May 23.
FISCAL IMPACT & FUNDING SOURCE(S)
It is proposed that the purchase cost be changed to Project Account PK0033-050-0999, “Project Contingency”. Funding sources for Project PK0033 include:
• ARPA Federal Grant
• Parks DIF Fund
• Other General Fund CIP
Item #: 11.9
Consent
• ENGIE Loan Proceeds
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work to incorporate any changes or recommendations directed by the Council.
2. Deny – If the Council denies the request to purchase the portable restrooms, the City will need to continue renting restrooms for every event.
3. Table – Postponing the procurement of the restrooms may result in the City forfeiting its quoted price.
Given current uncertainties in world markets, it is likely that subsequent quotes would result in higher costs.
ATTACHMENTS
1. Vendor Quotes
Reviewed/Approved:
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Engineering
Submitted by: Michael W. Miller, City Engineer
Agenda Title: Notice of Completion for Mooney Boulevard Frontage Improvements
RECOMMENDED ACTION
1. Accept as complete the required public works improvements for Mooney Boulevard frontage associated with Phases 2 and 3 of The Greens at Oak Creek residential subdivision;
2. Authorize the City Engineer to sign a Notice of Completion (NOC); and
3. Direct the City Clerk to file the NOC with the Tulare County Recorder’s Office
SUMMARY
D.R. Horton CA3, Inc. entered into a short term deferred improvement agreement recorded on October 10, 2022 (Document No. 2022-0061657) for Mooney Boulevard (Hwy 63) frontage improvements, including installation of curb and gutter, sidewalk, full pave out from lip of gutter to existing edge of pavement, street lights, and backing lot treatment (landscaping, irrigation, block wall) required for Phases 2 and 3 of The Greens at Oak Creek subdivision per Planning Commission Resolution No. 5248. The developer has completed construction of all required public works improvements in accordance with the approved plans and specifications for this development.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
The City’s standard NOC format has been reviewed and approved as to form by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny – Not approving the NOC would prevent the City from maintaining backing lot treatment, sidewalk, and street lights and would also prevent the City from releasing the bonding currently on file with the City Clerk, which would require the developer to continue to pay for bonding until an NOC is recorded.
3. Table – A delay in the City accepting the improvements would require the Developer to incur additional costs to maintain bonding for the required improvements.
ATTACHMENTS
1. Notice of Completion
Reviewed/Approved:
Item #: 11.10
Consent
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.
N O T I C E O F C O M P L E T I O N
NOTICE IS HEREBY GIVEN THAT:
1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 93274, is the owner of the real property, public works or structure hereinafter described.
2. The nature of the title of the stated owner is: In Fee.
3. On March 21, 2025, a work of improvement on real property hereinafter described was completed by D.R. Horton CA3, Inc. the Developer of record, whose address is 419 W. Murray Ave, Visalia, CA 93291.
4. The real property or public work or structure is described as follows:
Installation of curb & gutter, sidewalk, full pave out from lip of gutter to existing edge of pavement, street lights, and backing lot treatment (landscaping, irrigation, block wall) along Mooney Boulevard frontage for Phases 2 and 3 of The Greens at Oak Creek subdivision.
5. The public works improvements were accepted as complete by the City Council of the City of Tulare on May 6, 2025.
Dated: CITY OF TULARE
A Municipal Corporation,
By:
Michael W. Miller, City Engineer
VERIFICATION:
I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City. I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on ___________________________ , at Tulare, California.
By: _________________________________
Michael W. Miller, City Engineer
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Purchase of 8 Self-Contained-Breathing-Apparatus and Accessories
RECOMMENDED ACTION
Authorize the City Manager to approve the purchase of 8 Self-Contained-Breathing-Apparatus (SCBA) and accessories in the amount of $80,563.98.
SUMMARY
The Fire Department requests City Manager approval to execute a purchase agreement with Cascade Fire Equipment of Medford, Oregon, for the acquisition of eight Self-Contained Breathing Apparatus (SCBA) units and related accessories, totaling $80,563.98.
Cascade Fire Equipment was previously selected in December 2022 through a SourceWell statewide contract for the department’s initial SCBA purchase, which was partially funded by a FEMA grant. To ensure consistency with our current SCBA manufacturer and model, as well as to streamline maintenance, training, and warranty service, the department recommends purchasing the additional SCBAs directly from Cascade Fire Equipment at a non-contracted price. Following a thorough review, it was determined that the non-contracted price is $34,885.08 lower than the contracted options, providing a significant cost savings to the City.
These eight additional SCBAs are critical to completing the department’s full SCBA replacement initiative—ensuring that all response vehicles are fully equipped. This purchase also supports the department’s increased staffing under the FEMA SAFER Grant and allows for a limited number of backup units to ensure operational readiness.
SCBAs are vital components of the personal protective equipment (PPE) ensemble worn by firefighters and play a crucial role in protecting their health and safety during emergency responses.
FISCAL IMPACT & FUNDING SOURCES
This project requires appropriation and use of Equipment Replacement Fund (Fund 623) unassigned fund balance of $80,563.98.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Cascade Fire Equipment Quote #QUO5682
Reviewed/Approved:
Item #: 11.11
Consent
Quote
#QUO5682
03/20/2025
QUO5682
1 of 1
Cascade Fire Equipment
PO Box 4248
Medford OR 97501
United States
https://cascadefire.com/
(800) 654-7049
Bill To Ship To
Tulare, City Of
800 South Blackstone
Tulare CA 93274
United States
Tulare, City Of
800 S Blackstone
Tulare CA 93274
United States
Quote Expiration Quote Name Sales Rep Shipping Method
05/22/2025 Non-Sourcewell quote 16+ per Ryan Lummus Kevin Trent Item QTY Rate Amount
VN00076
Draeger PSS 7000 w/options, Adjustable Backplate, UEBSS MultiLink Buddy Breather w/ QC Connection. NFPA 2018 Edition.8 $5,325.00 $42,600.00 3367450
SRS - Escape Belt - Replace PSS 7000 Lower Lumbar Support with NFPA Approved SRS - Escape Belt. Draeger will do the installation at no charge if ordered as outlined above. 8 $385.00 $3,080.00
3704238
Multi-Use Strap (Ladder Strap Kit) 8 $285.00 $2,280.00
3704235
UEBSS Bag - Should Strap Mounted 8 $138.00 $1,104.00
VN00023
Draeger FPS 7000 Medium w/ HUD and COM-7000 w/ Team Talk and Dual Voice Amplifiers
8 $2,035.00 $16,280.00
3701914
Cylinder 4500 PSI / 45 Minute, Luxfer Eclipse with Locking Handwheel add p/n 4056188
Custom Order Part # R62938
8 $1,135.00 $9,080.00
Comment
May be subject to a 6% surcharge after May 1st.
Subtotal $74,424.00
Shipping Cost
Tax Total (%) $6,139.98
Total $80,563.98
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Economic Development & Redevelopment
Submitted by: Jennifer Gomez, Exec. Director of Economic Development & Redevelopment Agenda Title: Downtown Tulare Property-Based Improvement District Committee Appointments
RECOMMENDED ACTION
Appoint additional members to the Downtown Tulare Property-Based Improvement District (PBID) Committee to include Jennifer Gomez (replacing Marc Mondell), Chris Beck, Don LeBaron, Lino Pimentel, and Steven Macias.
SUMMARY
The current PBID committee that was appointed in January by the City Council attempted to meet a deadline for the FY2025/2026 tax assessment rolls, however, it was decided that further discussions should take place with property owners. Therefore, the process has been pushed, and the Committee will work toward approval for the FY2026/2027 tax assessment rolls. A tentative timeline has been attached for your reference.
To provide more collaboration with property owners, City staff request that the City Council appoint additional members to the committee to conduct outreach, discuss the proposed fee, and gather feedback.
Original appointments included the following:
• Patrick Isherwood, Mayor (Chairman)
• Donnette Silva Carter, President Tulare Chamber of Commerce (or her assign) • John Harman, Director (Tulare Downtown Association) (or his assign) • Gladys Gonzalez, Senior Management Analyst (Economic Development) • Marc Mondell, City Manager
Staff recommend that the City Council appoint the following additional individuals to the Committee:
• Chris Beck, property owner
• Don LeBaron, property owner
• Lino Pimentel, property owner
• Steven Macias, property owner
• Jennifer Gomez, Exec. Director of Economic Development & Redevelopment (Economic Development) to replace City Manager Marc Mondell
As the current agreement with NBS Services is coming to an end, City staff has requested the consultant to provide a new contract to continue the efforts of creating a PBID. If this amended contract is in excess of $50,000, staff will bring it back to City Council for approval.
FISCAL IMPACT & FUNDING SOURCES
Additional costs will be incurred for services provided by NBS Services. The Council will be informed of this amount once submitted by the consultant.
LEGAL REVIEW
This item was reviewed and approved by legal counsel.
Item #: 11.12
Consent
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Tentative Timeline
Reviewed/Approved:
PBID Outreach
Timeline
07/09
08/06/25
09/26/25 10/07/25
Polling
51% of Petitions Received
Public Meeting #3 Canvassing
Public Meeting #1
Resolution of Intent
Research
Mail out Ballots
Public Meeting #2
Public Hearing
Public Meeting #4
10/10/25
06/11/25
12/02/25
Develop a survey for both virtual and inperson distribution to gather input on property owner concerns, acceptable
assessment amounts, and priority funding
areas.
Logged and ready to present to Council
Finalize the PBID proposal and address any
remaining concerns. Distribute petitions to
property owners who are ready to sign.
Distribute petitions by mail and schedule
one-on-one meetings with property owners
who may be hesitant or have concerns.
Provide a brief recap of the PBID purpose,
present survey results, address outstanding
concerns, and work toward finalizing
proposed allocation proportions.
Presented to City Council to formally
initiate the legislative process, finalize PBID
details, and confirm assessment amounts
and proposed services.
Obtain formal quotes from vendors to
support the proposed budget allocations,
and encourage property owners to do the
same to establish an average cost
baseline.
Ballots mailed out (must be sent at least 45
days before the Public Hearing).
This follows a majority protest vote system
—if no ballots are returned, there is no
majority protest, and the proposal passes.
Present research findings and vendor
quotes, adjust allocation proportions as
needed, address any concerns, make final
adjustments and work toward solidifying
the proposal.
City Council will vote to approve or reject
the PBID
Will be held only upon request or if any
urgent matters arise during the canvassing
period.
TBD
5/22-06/10 6/11-7/08
08/06-09/26
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Parcel Map Acceptance – TPM 2023-02
RECOMMENDED ACTION
Approve the Parcel Map filed by Darshan Singh and Jagroop Sing, members of Jagroop & Taran Properties, LLC, a Michigan limited liability company, for the division of land located on the southeast corner of Prosperity Avenue and West Street for recordation, and accept all easements and dedications offered to the City.
SUMMARY
Tentative Parcel Map No. 2023-02 filed by Darshan Singh and Jagroop Sing would create seven parcels from one existing 7.2 acre parcel (zoned as C-3 retail commercial). The map was approved by the City of Tulare Parcel Map Committee on January 22, 2024. Parcel 1 would be 1.02 acre, Parcel 2 would be
1.12 acre, Parcel 3 would be 0.85 acre, Parcel 4 would be 0.92 acre, Parcel 5 would be 1.52 acre, Parcel 6 would be 1.32 acre and Parcel 7 would be 0.62 acre. A 6-foot public utility easement dedicated to the City along the parcels’ Prosperity Avenue and West Street frontages is provided on Map.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
The parcel map will be reviewed for compliance with applicable legal requirements prior to recordation.
ALTERNATIVE ACTION
1. Approve with changes – Changes may result in delay to project continuing and additional financial burden to applicant.
2. Deny – Construction would not be permitted and would not allow for future development to occur.
3. Table – The delay resulting from tabling the item could adversely impact the Developer’s project financing and completion.
ATTACHMENTS
1. Parcel Map Committee Resolution 857
2. Parcel Map TPM 2023-02
Reviewed/Approved:
Item #: 11.13
Consent
W. PROSPERITY AVE.
W. PLEASANT AVE. N. MILNER ST. N. DENAIR ST. N. WEST ST. N. SACROMENTO ST. SITE TULARE WESTERN H.S.
PROSPERITY SPORTS
PARK N. 'E' ST. KILLETTE ST.
W. GAIL AVE. NORTHRIDGE ST. HERITAGE ELEM. SCHOOL RECORDER'S STATEMENT BY
BOARD OF SUPERVISORS' STATEMENT
PARCEL MAP NO. OWNER'S STATEMENT
COMMUNITY DEVELOPMENT DIRECTOR'S STATEMENT
MARIO ANAYA, COMMUNITY DEVELOPMENT DIRECTOR DATE
SURVEYOR'S STATEMENT
CITY ENGINEER'S STATEMENT
THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DARSHAN SINGH IN MARCH 2024. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE MONUMENTS NOT YET SET, WILL BE SET WITHIN ONE YEAR OF RECORDATION OF THIS MAP.
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE CAREFULLY EXAMINED THIS MAP AND AM SATISIFIED THAT THIS MAP IS TECHNICALLY CORRECT, PURSUANT TO THE PROVISIONS OF THE SUBDIVISION MAP ACT.
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. I FURTHER CERTIFY THAT ALL REQUIRED OFFSITE AND ONSITE IMPROVEMENTS HAVE EITHER BEEN INSTALLED, HAVE BEEN DEFERRED UNTIL FUTURE DEVELOPMENT, OR ADEQUATE BONDS OR OTHER SUITABLE SURETIES HAVE BEEN PROVIDED.
DATE
DATE
DATE
1. PUBLIC EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC, CABLE AND
TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITIES EASEMENT). 2. EASEMENT FOR ACCESS AND PUBLIC UTILITIES IN FAVOR OF PARCELS 4 & 5 AS SHOWN HEREON.
I HEREBY CERTIFY ON BEHALF OF THE PARCEL MAP COMMITTEE THAT THIS PARCEL MAP CONFORMS TO THE APPROVED TENTATIVE PARCEL MAP NUMBER 2023-02 BY THE CITY OF TULARE PLANNING COMMISSION AT THE REGULAR MEETING HELD ON THE 25TH DAY OF SEPTEMBER, 2023.
WE HEREBY STATE THAT WE ARE THE LEGAL OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS PARCEL MAP, AND THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FILING OF SAID PARCEL MAP AS SHOWN WITHIN THE BOLD BORDER LINES HEREON. WE HEREBY OFFER TO
DEDICATE AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:
FILED THIS _____ DAY OF _________________, 20___, AT _____ __ M. IN BOOK ________ OF PARCEL MAPS, AT PAGE _______, TULARE COUNTY RECORDS, AT THE REQUEST OF LANE ENGINEERS, INC. DOCUMENT NO: _________________ FEE PAID: ______ TARA K. FREITAS, CPA
TULARE COUNTY ASSESSOR/CLERK-RECORDER
DEPUTY
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2, OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
TIMOTHY M. ODOM, CITY SURVEYOR, PLS 8468
MICHAEL W. MILLER, CITY ENGINEER, RCE 53462, EXP. 6/30/2025 BENJAMIN R. MULLINS, PLS 9227 A
L TE OF CA
SE
L I CEN D L AN
ST
D
NR
I FO
UR S OR
VEY
I A
Benjamin R. Mullins No. 9227 DARSHAN SINGH, MEMBER DATE J:\Jobs\2023\23174\Dwg\FPM.dwg8/28/2024 9:53 AM
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF _________________ ) COUNTY OF _______________ ) S.S. ON _____________________________, BEFORE ME,_______________________________________, NOTARY PUBLIC, PERSONALLY APPEARED ______________________&_______________________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER 'PENALTY OF PERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. ________________________________________ ________________________________________ SIGNATURE OF NOTARY PUBLIC PRINT NAME PRINCIPAL PLACE OF BUSINESS:___________________ COUNTY MY COMMISSION EXPIRES:__________________ MY COMMISSION NO. _____________
NOTARY ACKNOWLEDGEMENT
JUNE 2024 OWNERS: DARSHAN SINGH AND JAGROOP KAUR
2729 RAILSIDE CT SW BYRON CENTER
BYRON CENTER, MI 49315 PH. 559-280-4936 ENGINEER: LANE ENGINEERS, INC. 979 N. BLACKSTONE STREET TULARE, CA 93274 PH. (559) 688-5263
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF TULARE, CITY OF TULARE AND DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 2718, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 28, PAGE(S) 19 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARIES OF PROSPERITY WEST UNIT NO. 1, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34 PAGE 49 TULARE COUNTY RECORDS. ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARIES OF PROSPERITY WEST UNIT 3, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 12 TULARE COUNTY RECORDS. ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARIES OF PROSPERITY WEST UNIT 4, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 24 TULARE COUNTY RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO MARION PEARCE, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, BY DEED RECORDED JULY 7, 1993 AS FILE NO. 93-047350 OF OFFICIAL RECORDS. SAID LAND IS ALSO KNOWN AS THE "REMINDER LOT" OF PROSPERITY WEST UNIT NO. 4, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 24 OF MAPS, TULARE COUNTY RECORDS. FURTHER EXCEPTING THEREFROM, ALL THAT PORTION OF SAID LAND GRANTED TO THE CITY OF TULARE, A MUNICIPAL CORPORATION, AS DESCRIBED IN GRANT DEED RECORDED MARCH 19, 2024 AS INSTRUMENT NO. 2024-12269, OF OFFICIAL RECORDS. SHEET 1 OF 2 JOB NO. 23174
JAGROOP SINGH, MEMBER DATE
TULARE
BEING A DIVISION OF THE REMAINDER LOT OF PROSPERITY WEST UNIT NO. 4, SITUATED IN THE N1/2 OF THE NW1/4 OF THE NW1/4 OF SECTION 3, TOWNSHIP 20 SOUTH, RANGE 24 EAST, M.D.B. & M. IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA.
CITY CLERK'S STATEMENT
THIS IS TO CERTIFY THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TULARE HELD ON THE ___________ DAY OF _________________, 20___, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED APPROVING THIS PARCEL MAP AND ACCEPTING ON BEHALF OF THE PUBLIC, PUBLIC UTILITIES EASEMENT INCLUDED WITHIN THE BOUNDARIES AS SHOWN UPON THIS MAP. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF TULARE THIS ___ DAY OF _________________, 20___. MARC MONDELL, CITY MANAGER/CITY CLERK By:
MELISSA HERMANN, CMC, CPMC, CHIEF DEPUTY CITY CLERK
BY______________________
JASON T. BRITT COUNTY ADMINISTRATIVE OFFICER/ CLERK OF THE BOARD OF SUPERVISORS DEPUTY CLERK DATED THIS ___________ DAY OF ___________________, 20______.
VICINITY MAP
NOT TO SCALE
PUBLIC WORKS CERTIFICATE
NOTICE: CERTAIN OFF-SITE AND/OR ON-SITE IMPROVEMENTS ARE REQUIRED IN CONNECTION WITH THESE LOTS (CITY OF TULARE PARCEL MAP COMMITTEE RESOLUTION NO. 857). NO PERSON MAY OBTAIN A BUILDING PERMIT FOR ANY LOT ON THIS MAP UNTIL THE REQUIRED IMPROVEMENTS ARE COMPLETED OR FINANCIAL SECURITY HAS BEEN POSTED WITH THE CITY TO ASSURE COMPLETION PRIOR TO BUILDING OCCUPANCY.
TPM 2023-02
OWNERS: JAGROOP & TARAN PROPERTIES, LLC, A MICHIGAN LIMITED LIABILITY COMPANY
SOIL ENGINEER'S REPORT
A SOILS REPORT WAS PREPARED FOR THE PROPOSED DEVELOPMENT ON PARCEL 1 BY TECHNICON ENGINEERING SERVICES, INC. IN CONFORMANCE WITH THE PROVISIONS OF STATE AND LOCAL STATUTES DATED JUNE 17, 2022 AND SHALL BE KEPT ON FILE FOR PUBLIC INSPECTION.
WC L4
PROSPERITY AVENUE WEST STREET PROSPERITY WEST UNIT 1 PROSPERITY WEST UNIT 3 PROSPERITY WEST UNIT 4 REC. IN VOL. 36 OF MAPS AT PG. 24, T.C.R.
'REMAINDER' - PROSPERITY WEST UNIT 4
MARTINHO AVE. 19 20
21 22
23 1
2 3
1 4
2 3
4 5
6 7 REC. IN VOL. 36 OF MAPS AT PG. 24, T.C.R.
REC. IN VOL. 36 OF MAPS AT PG. 12, T.C.R.
REC. IN VOL. 34 OF MAPS AT PG. 49, T.C.R.
N89°30'58"E 2641.41 (N89°30'58"E 2641.41) 573.30 (573.30) 621.50 (621.50) N00°19'15"E 698.00 ((N00°19'15"E 698.00)) S00°29'02"E 245.00 (S00°29'02"E 245.00) S04°39'30"E 129.73 (S04°39'30"E 129.73) (S18°02'18"E 102.53) S18°02'18"E 102.53
S52°09'07"W 95.18 (S52°09'07"W 95.18)
N71°19'37"W 90.08 (N71°19'37"W 90.08) 68.12 S89°40'45"E 112.00 (S89°40'45"E 112.00) 43.88
[43.88] N02°24'27"E 222.97 [N02°24'27"E 222.97] N00°19'15"E 119.73 [N00°19'15"E 119.73] N05°04'44"E 120.55 [N05°04'44"E 120.55] N00°19'15"E 91.78 [N00°19'15"E 91.78] N42°30'07"E 35.41 [N42°30'07"E 35.40] 488.11
181.11 102.00 205.00 180.50 64.50
128.82
N89°30'58"E 215.97 N00°29'02"W 214.49
N89°30'58"E 205.00 203.00 180.50
N89°30'58"E 208.29
122.06 93.91 23.28
97.27 S00°29'02"E 88.82
L1 S00°19'15"W 82.50
L11
L9 S87°35'33"E 59.48
S89°30'58"W 72.96 S89°30'58"W 74.44 S75°28'06"E 179.00
N43°54'40"W 129.54
S89°30'58"W 67.04L2 L3 N00°29'02"W 349.49
L7
L6
L5
PARCEL 1
AREA = 1.02 AC.
PARCEL 2
AREA = 1.12 AC.
PARCEL 3
AREA = 0.85 AC.
PARCEL 5
AREA = 1.52 AC. PARCEL 6
AREA = 1.32 AC.
PARCEL 4
AREA = 0.92 AC.
6' P.U.E.
6' P.U.E.
NW COR. SEC. 3-20-24 FD. TC COR. 14" DEEP W/2' OFFSETS.
FD. DISK FLUSH IN CONC. STAMPED PLS 7027. ACCEPTED AS PERPETUATION OF CL MONUMENT PER HERITAGE PARK SUBDIVISION, REC. IN VOL. 36 OF MAPS, AT PG. 47, T.C.R.
FD. 3/4" I.P., TAG UNREADABLE, 12" DEEP IN FENCE FOOTING, 0.35' WESTERLY OF CALCULATED POSITION.
FD. 3/4" I.P., NO TAG, 12" DEEP IN
FENCE FOOTING.
FD. 3/4" I.P., NO TAG, 12" DEEP IN FENCE
FOOTING, 0.43' SOUTHWESTERLY OF CALCULATED POSITION. FD. 3/4" I.P., NO TAG, 12" DEEP IN FENCE FOOTING, 0.65' NORTHWESTERLY OF CALCULATED POSITION.
FD. 3/4" I.P., TAG'D PLS 5985, 12" DP. FD. 3/4" I.P., TAG'D PLS 5985, 6" DP.
SEARCHED FOR ALL ADJACENT PROPERTY CORNERS AND FOUND
NOTHING, UNLESS NOTED OTHERWISE. 42' (42') 42' (42')
42' (42')
5 25.36 57.15
L8 34.00
BASIS OF BEARINGS 76.49 L12
N75°28'06"W 225.56 (N75°28'06"W 225.56) S44°31'08"W 140.18 (S44°31'08"W 140.18)
TEMPORARY CONSTRUCTION EASEMENT IN
FAVOR OF THE CITY OF TULARE, RECORDED
AS INSTRUMENT NO. 2022-0041401, O.R.T.C.R. 81.59 141.38 S38°46'22"W 51.67
(S38°46'22"W 51.67)
PARCEL 7
AREA = 0.62 AC. RIGHT OF WAY DEDICATION PER GRANT DEED DOC. NO. 2024-0012269, O.R.T.C.R.
79.54 (79.53)
73.39 (73.25)
72.62 (72.78)
15'
15' 12' 30' 15'
15' 15' 30' 15'
EASEMENT FOR ACCESS AND PUBLIC
UTILITIES IN FAVOR OF PARCEL 5.
EASEMENT FOR ACCESS AND PUBLIC
UTILITIES IN FAVOR OF PARCEL 4.
SET AT INTERSECTION OF 3' OFFSET LINES
3' 3'
SET AT INTERSECTION OF 3' OFFSET LINES
3' 3'
SET PERPENDICULAR TO WEST LINE
3' NORTH OF TRUE CORNER WC SET ON R/W LINE 3' NORTH OF TRUE CORNER WC WC WC SET PERPENDICULAR TO NORTHWEST LINE 3' NE'LY OF TRUE CORNER WC SET PERPENDICULAR TO NORTHEAST LINE 3' NW'LY OF TRUE CORNER
L10
SET WITNESS CORNER ON LINE 3' NORTHWEST OF TRUE CORNER
WC SET ON LINE 3' WEST OF TRUE CORNER
SET ON R/W LINE 3' WEST OF TRUE CORNER
WC
WC
N1/4 COR. SEC. 3-20-24 FD. DISK FLUSH IN CONC. W/CENTER MARK.
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
BEARING
S29°30'58"W
N0°29'02"W
S0°29'02"E N0°29'02"W
S46°05'20"W
N43°54'40"W
N14°31'54"E N14°31'54"E
S75°28'06"E
S44°31'08"W
S14°31'54"W
S0°29'02"E
DISTANCE
24.04 15.88
25.00 34.01
4.00 49.24
27.41 14.93
46.44 11.35
48.93 42.00
LEGEND
P.U.E.
[ ]
( ) MONUMENT FOUND AND ACCEPTED AS DESCRIBED. RECORD DATA PER PROSPERITY WEST - UNIT 4, REC. IN VOL. 36 OF MAPS AT PG. 24, T.C.R., OR CALCULATED
THEREFROM. RECORD DATA PER DOC. NO. 2024-0012269, O.R.T.C., OR CALCULATED THEREFROM. PUBLIC UTILITIES EASEMENT. SET 1/2" REBAR TAGGED LS 9227 AT ALL LOT CORNERS AND POINTS OF CURVATURE. ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF. BOLD LINE INDICATES SUBDIVISION LIMITS.
BASIS OF BEARINGS
THE NORTH LINE OF THE NW1/4 OF SECTION 3, TOWNSHIP 20 SOUTH, RANGE 24 EAST, M.D.B. & M. BEARS N89°30'58"E PER PROSPERITY UNIT NO. 4, REC. IN VOLUME 36 OF MAPS, AT PAGE 24, T.C.R. 0 SCALE: 1" = 60' 60 30 60
SHEET 2 OF 2
JOB NO. 23174 J:\Jobs\2023\23174\Dwg\FPM.dwg8/28/2024 9:53 AM PARCEL MAP NO.
BEING A DIVISION OF THE REMAINDER LOT OF PROSPERITY WEST UNIT NO. 4, SITUATED IN THE N1/2 OF THE NW1/4 OF THE NW1/4 OF SECTION 3, TOWNSHIP 20 SOUTH, RANGE 24 EAST, M.D.B. & M. IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA. (( )) RECORD DATA PER HERITAGE PARK SUBDIVISION, REC. IN VOL. 36 OF MAPS AT PG. 47, T.C.R.,
TPM 2023-02
WC SET WITNESS CORNER AS DESCRIBED.
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Initiate Proceedings for Formation of Landscape Maintenance District 2025-01
RECOMMENDED ACTION
Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2025-01 for the Mission Creek Subdivision, and setting May 20, 2025, as the date for a public hearing regarding the same.
SUMMARY
The Owners and Developers of the approved Mission Creek tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located at the southwest corner of Bardsley Avenue and Oakmore Street. This assessment district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries,
• supplemental maintenance of local streets within the district boundaries, • maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries, and
• maintenance of a storm water retention basin.
A public hearing is required and is requested to be set for May 20, 2025. Adoption of the attached resolution is the initial step in the formation of the assessment district. The resolution initiates the proceedings for the establishment of the district, and sets May 20, 2025, as the date for the public hearing that is required prior to Council’s consideration of finalizing the district formation.
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. Approval with changes - Could delay the proposed development of the Mission Creek Subdivision.
2. Deny - Denial would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Mission Creek Subdivision.
Additionally, there would be no supplemental maintenance provided for streets within the district boundaries.
3. Table - Tabling the item could delay the processing and approval of the pending Mission Creek Subdivision final map.
ATTACHMENTS
1. Draft Resolution
2. Exhibit A – LMD 2025-01 Assessment District Vicinity Map
3. Exhibit B – LMD 2025-01 Lot Numbers and Phasing Map
4. Exhibit C – LMD 2025-01 Local Streets Map
5. Exhibit D – LMD 2025-01 Landscaping and Park Common Lot Map Item #: 11.14
Consent
6. Exhibit E – LMD 2025-01 Block Wall Map
7. Exhibit F – LMD 2025-01 Storm Drain Basin Map
Reviewed/Approved:
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
INITIATING PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 2025-01 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City Council proposes to form an assessment district pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highway Codes) for the following improvements:
2025-01: maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, maintenance of local streets, storm water retention basin, and maintenance of neighborhood park and appurtenances serving the area within the district boundaries.
Section 2. The proposed district shall be designated Assessment District 2025-01 and shall include the land shown on the map designated, “Assessment Diagram”, as attached.
Section 3. The City Engineer of the City of Tulare is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the City Engineer to prepare and file with the City Clerk a report in accordance with Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972.
Section 4. On May 20, 2025, at the hour of 7:00 p.m., or shortly thereafter, the City Council will conduct a public hearing to receive testimony regarding the establishment of Assessment District No. 2025-01 and subsequent assessment of fees. The hearing will be held at the meeting place of the City Council located at the Tulare Public Library and Council Chambers, 491 North M Street, Tulare, California.
Section 5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 6th day of May 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
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Human Resources; City Attorney
Submitted by: Shonna Oneal, Human Resources Director
Mario Zamora, City Attorney
Agenda Title: CLOCEA Clarifying Side Letter
RECOMMENDED ACTION
Approve a Side Letter of Agreement with the California League of City Employees Association (CLOCEA) regarding clarifying revisions and amendments to Memorandum of Understanding (MOU) adopted October 15, 2024.
SUMMARY
The City has met and conferred with CLOCEA and have reached an agreement on clarifying revisions and necessary amendments to the MOU adopted October 15, 2024. These changes are outlined on the attached Side Letter of Agreement and summarized below:
• Section XIV Salary: This section shall be repealed and replaced to correct salary adjustments for certain classifications that were reclassified during the recent compensation study. Initially, only Cost of Living Adjustments were applied, which inadvertently resulted in these positions earning less than the employees they supervise or are above in Year 3 of the MOU. The Side Letter proposes the following salary increases in Fiscal Years 2025/26 and 2026/27 to rectify the issue:
Classification FY2025/26 FY2026/27
Signal Ligh Technician II 5.80% 12.00%
Water Treatment Supervisor 7.55% 5.25%
Cross Connection Specialist 7.55% 5.25%
• Section H Standby Pay: This section shall be repealed and replaced to correct the unintentional omission of Wastewater Treatment Plant employees from Standby pay. The revised language will also address a typographical error present in the original document. • Section K Paid Holidays: This paragraph shall be repealed. It was mistakenly included to align with 3/12 and 4/12 shift schedule employees; however, dispatch employee holiday pay is already defined in the existing agreement and does not require further amendment.
FISCAL IMPACT & FUNDING SOURCES
These proposed compensation modifications will be included in the proposed fiscal year 2025-26 budget.
LEGAL REVIEW
The City Attorney has reviewed this item.
ALTERNATIVE ACTION
1. Approve with changes
2. Provide staff direction
3. Deny
4. Table
Item #: 11.15
Consent
Example explanation of consequence(s) for alternative action taken:
Any changes or staff direction would require an additional meet and confer with CLOCEA. If the Side Letter is not approved, ambiguity and confusion surrounding the current language in the MOU will persist.
ATTACHMENTS
1. City of Tulare and CLOCEA Side Letter
Reviewed/Approved:
SIDELETTER OF AGREEMENT
BY AND BETWEEN THE
CITY OF TULARE
AND THE CALIFORNIA LEAGUE OF CITY EMPLOYEES ASSOCIATION May 2025
The parties have discussed and agree as follows to the additional terms and conditions above the City Rules and Regulations and the Memorandum of Understanding between the City of Tulare and the California League of City Employees Association (CLOCEA), dated October 15, 2024.
The City and CLOCEA have discussed and have come to an agreement on necessary clarifying revisions and amendments as follows:
1. Section XIV Salary shall be repealed and replaced with the following:
XIV SALARY
A. See Appendix II for summary of salary increases by classification.
2. Section H shall be repealed and replaced with the following:
H. STANDY-BY COMPENSATION
Stand-by positions are hereby authorized in the following divisions: Water, Streets, Wastewater, Sewer Collections, Parks, Fleet Maintenance, Code Enforcement, Graffiti Abatement, Facilities Maintenance, Animal Control and Evidence. The use of stand-by personnel shall be at the discretion of the department head with the approval of the City Manager. The department head shall be responsible for the appointment of the individual to serve on stand-by. Those employees who are on stand-by may be contacted by any of the following methods, which shall include but not be limited to: telephone, City radio or pagers.
Those employees on stand-by who do not respond within thirty (30) minutes of call out shall be subject to the loss of stand-by compensation for that day. An employee who fails to report within thirty (30) minutes a second time, within a six (6) month period, shall be subject to discipline in accordance with Chapter 10, beginning with Section 1001, of the Personnel Rules and Regulations. In addition, at the discretion of the department head, those employees who fail to respond within thirty (30) minutes on two (2) or more occasions within a six (6) month period, may be declared ineligible for stand-by compensation.
1. Employees in the Water, Streets, Sewer Collections, Parks, Fleet Maintenance, Code Enforcement, Graffiti Abatement, Facilities Maintenance, Animal Control and Evidence who remain on stand-by for the week (8:00 a.m. Friday to 8:00 a.m. Friday) shall be compensated at the rate of three (3) hours of pay per day of stand-by. No such employee shall receive less than one hundred and sixty dollars ($160) per week of stand-by duty.
Each time an individual is called back to work while on stand-by, he/she shall be compensated by one and one-half (1 ½) times for actual hours worked with a minimum pay for one (1) hour. This applies each time an employee is called back to work. Call back on a City observed holiday shall receive a minimum of three (3) hours pay at the one and one-half (1 ½) time rate. Overlapping calls within the three (3) hour minimum count as part of the original call. If the last call within the initial three (3) hours extends past the three (3) hour minimum, then employee will receive pay for actual time worked.
2. Employees in the Wastewater Treatment Division who remain on stand-by for the week (6:00 a.m. Friday to 6:00 a.m. Friday) shall be compensated at the rate of three (3) hours of pay per day of stand-by. Each time an individual is called back to work while on stand-by, he/she shall be compensated by one and one-half times for actual hours worked.
Call back on a City holiday shall receive a minimum of three (3) hours at the time and one-half rate.
3. Section K PAID HOLIDAYS:
• Paragraph 3 and 3 (a) should be amended to clarify that if the City chooses to allocate the (8) hour holiday pay on an accrual basis, such accrual rates will be prorated based on the date of hire and shall not have any cash value on date of separation.
• Paragraph 3(b) Public Safety Dispatchers shall be repealed.
For the City of Tulare: For CLOCEA:
__________________________________ __________________________________ Shonna Oneal, Human Resources Director Mike Cosenza, Administrator __________________________________ ___________________________________ Marc Mondell, City Manager Steve Garcia, President
___________________________________
Mario Zamora, City Attorney
Date:______________________________ Date:_______________________________
CLOCEA MOU
APPENDIX I
Job Title New City Y1
Effective 07/13/24
New City Y2
Effective 7/12/2025
New City Y3
Effective 7/11/2026
ACCOUNTANT 8.50% 8.50% 8.50%
ACCOUNTING TECHNICIAN I 3.00% 3.00% 3.00%
ACCOUNTING TECHNICIAN II 3.00% 3.00% 3.00%
ADMINISTRATIVE ASSISTANT 3.25% 3.25% 3.25%
ANIMAL SERVICES OFFICER 3.25% 3.25% 3.25%
ANIMAL SERVICES TECHNICIAN 3.32% 3.32% 3.32%
ASSISTANT PLANNER 3.00% 3.00% 3.00%
ASSOCIATE PLANNER 3.00% 3.00% 3.00%
BUILDING INSPECTOR I 4.75% 4.75% 4.75%
BUILDING INSPECTOR II 4.75% 4.75% 4.75%
BUILDING TECHNICIAN 3.00% 3.00% 3.00%
CODE ENFORCEMENT OFC/SUB
HOUSING CMPL
3.00% 3.00% 3.00%
CODE ENFORCEMENT OFFICER 3.00% 3.00% 3.00%
COMMUNITY MAINTENANCE
WORKER
3.00% 3.00% 3.00%
COMMUNITY SERVICE OFFICER 3.25% 3.25% 3.25%
COMMUNITY SERVICES DIRECTOR 6.00%
CONSERVATION COORDINATOR 3.00% 3.00% 3.00%
CONSTRUCTION COORDINATOR 3.00% 3.00% 3.00%
CROSS CONNECTION SPECIALIST 3.00% 7.55% 5.25%
CUSTODIAN 6.25% 6.25% 6.25%
DEPARTMENT ASSISTANT I 3.00% 3.00% 3.00%
DEPARTMENT ASSISTANT II 3.00% 3.00% 3.00%
DISPATCH SUPERVISOR 10.00% 10.00% 10.00%
ENGINEERING ASSISTANT 3.00% 3.00% 3.00%
ENVIRONMENTAL COMPLIANCE INSP 3.00% 3.00% 3.00%
EVIDENCE TECHNICIAN 3.00% 3.00% 3.00%
FACILITIES MAINTENCENCE
TECHNICIAN
4.75% 4.75% 4.75%
FIRE INSPECTOR I 8.25% 8.25% 8.25%
FIREFIGHTER TRAINEE 3.00% 3.00% 3.00%
GROUNDS MAINTENANCE WORKER 3.25% 3.25% 3.25%
HOMELESS PREVENTION
COORDINATOR-CONTRACT
3.00% 3.00% 3.00%
KENNEL TECHNICIAN 3.25% 3.25% 3.25%
LABORATORY ASSISTANT 4.75% 4.75% 4.75%
LABORATORY SUPERVISOR 3.00% 3.00% 3.00%
LABORATORY TECHNICIAN 4.75% 4.75% 4.75%
LANDSCAPE MAINTENANCE TECH 3.25% 3.25% 3.25%
LEAD MECHANIC 5.50% 5.50% 5.50%
CLOCEA MOU
APPENDIX I
LIBRARY ASSISTANT 3.00% 3.00% 3.00%
MECHANIC I 5.50% 5.50% 5.50%
MECHANIC II 5.50% 5.50% 5.50%
METER READER 3.00% 3.00% 3.00%
PARK RANGER 6.50% 6.50% 6.50%
PARKS MAINTENANCE SUPERVISOR 5.75% 5.75% 5.75%
PARKS MAINTENANCE TECHNICIAN 5.25% 5.25% 5.25%
PARKS MAINTENANCE WORKER I 5.25% 5.25% 5.25%
PARKS MAINTENANCE WORKER II 5.25% 5.25% 5.25%
PARTS AND INVENTORY CLERK 3.00% 3.00% 3.00%
PAYROLL SPECIALIST 3.25% 3.25% 3.25%
PERMIT TECHNICIAN 5.00% 5.00% 5.00%
PLANS EXAMINER 3.00% 3.00% 3.00%
POLICE OFFICER TRAINEE 3.00% 3.00% 3.00%
POLICE RECORDS ASSISTANT 3.00% 3.00% 3.00%
POLICE RECORDS SPECIALIST 4.50% 4.50% 4.50%
PROPERTY ROOM ASSISTANT 3.00% 3.00% 3.00%
PUBLIC SAFETY DISPATCHER I 4.50% 4.50% 4.50%
PUBLIC SAFETY DISPATCHER II 4.50% 4.50% 4.50%
PUBLIC WORKS INSPECTOR 3.00% 3.00% 3.00%
SAFETY COORDINATOR 3.00% 3.00% 3.00%
SENIOR ADMINISTRATIVE ASSISTANT 3.25% 3.25% 3.25%
SENIOR COMMUNITY MAINTENANCE
WORKER
3.00% 3.00% 3.00%
SENIOR ENGINEERING ASSISTANT 3.00% 3.00% 3.00%
SENIOR EVIDENCE TECHNICIAN 3.00% 3.00% 3.00%
SENIOR FIRE INSPECTOR 3.00% 3.00% 3.00%
SENIOR LIBRARY ASSISTANT 3.00% 3.00% 3.00%
SENIOR SOLID WASTE MAINTENANCE
WORKER
6.00% 6.00% 6.00%
SENIOR SOLID WASTE OPERATOR 6.00% 6.00% 6.00%
SHOP AND PARTS SPECIALIST 3.00% 3.00% 3.00%
SIGNAL LIGHT TECHNICIAN 12.00% 12.00% 12.00%
SIGNAL LIGHT TECHNICIAN ll 3.00% 5.80% 12.00%
SOLID WASTE MAINT CREW LEADER 6.00% 6.00% 6.00%
SOLID WASTE MAINTENANCE
WORKER
6.00% 6.00% 6.00%
SOLID WASTE OPERATOR 6.00% 6.00% 6.00%
CLOCEA MOU
APPENDIX I
SOLID WASTE SUPERVISOR 12.00% 12.00% 12.00%
STREET MAINTENANCE CREW
LEADER
4.75% 4.75% 4.75%
STREET MAINTENANCE WORKER I 4.75% 4.75% 4.75%
STREET MAINTENANCE WORKER II 4.75% 4.75% 4.75%
STREET SUPERVISOR 7.50% 7.50% 7.50%
TRAFFIC MAINTENANCE WORKER 4.75% 4.75% 4.75%
WASTEWATER COLLECTIONS MAINT.
CREW LEADER
4.25% 4.25% 4.25%
WASTEWATER COLLECTIONS
MAINTENCE SUPERVISOR
4.25% 4.25% 4.25%
WASTEWATER COLLECTIONS
MAINTENCE WKR I
4.25% 4.25% 4.25%
WASTEWATER COLLECTIONS
MAINTIENCE WKR II
4.25% 4.25% 4.25%
WASTEWATER ELECTRICAL TECH I 3.00% 3.00% 3.00%
WASTEWATER ELECTRICAL TECH Il 3.00% 3.00% 3.00%
WASTEWATER MAINTENANCE
SUPERVISOR
5.25% 5.25% 5.25%
WASTEWATER MAINTENCE
TECHNICIAN I
5.50% 5.50% 5.50%
WASTEWATER MAINTENCE
TECHNICIAN II
5.50% 5.50% 5.50%
WASTEWATER TREATMENT PLANT
LEAD OPERATOR
3.50% 3.50% 3.50%
WASTEWATER TREATMENT PLANT
OPERATOR I
3.50% 3.50% 3.50%
WASTEWATER TREATMENT PLANT
OPERATOR II
3.50% 3.50% 3.50%
WASTEWATER TREATMENT PLANT
OPERATOR III
3.50% 3.50% 3.50%
WASTEWATER TREATMENT PLANT
OPERATOR TRAINEE
3.50% 3.50% 3.50%
WATER CONSERVATION WORKER 3.00% 3.00% 3.00%
WATER TREATMENT SUPERVISOR 3.00% 7.55% 5.25%
WATER TREATMENT TECHNICIAN 6.50% 6.50% 6.50%
WATER UTILITY MAINT. WORKER I 5.75% 5.75% 5.75%
WATER UTILITY MAINT. WORKER II 5.75% 5.75% 5.75%
WATER UTILITY MAINTENCE CREW
LEADER
5.75% 5.75% 5.75%
CLOCEA MOU
APPENDIX I
WATER UTILITY SUPERVISOR 5.25% 5.25% 5.25%
*Revised 5/6/2025 Per Sideletter
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Sorrento Mooney Boulevard Short-term Deferred Improvement Agreement
RECOMMENDED ACTION
Approve a short-term deferred improvement agreement with SJV Horizontal, LLC allowing the construction of frontage improvements along the west side of Mooney Boulevard (State Route 63) from Cartmill Avenue to Ribolla Avenue to be deferred for a maximum of four (4) years, or prior to the City’s acceptance of the required public improvements for the Sorrento subdivision, whichever occurs first.
SUMMARY
SJV Horizontal, LLC (the Developer) is proposing to develop Phases 1 and 2 of the Sorrento Subdivision, located on the west side of Mooney Boulevard (State Route 63) between Cartmill Avenue and Ribolla Avenue, as a single phase. This subdivision will consist of 109 single-family residential lots. Per the conditions of approval for the Sorrento tentative subdivision map, Mooney Boulevard (State Route 63) frontage improvements, including the undergrounding of overhead utilities, were required for the project’s frontage.
The City’s standard subdivision improvement agreement contains the following provisions which could impact the Subdivider’s ability to build and sell homes in the subdivision: “If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.”
Based on their experience in trying to design, permit and construct identical improvements along the Mooney Boulevard frontages of the Kensington Estates and Willow Glen subdivisions, the Subdivider anticipates that completion of the Mooney Boulevard frontage improvements could take four years. With the aforementioned provisions of the subdivision improvement agreement, such a timeline would certainly require the Subdivider to request multiple time extensions. To avoid the need for such extension requests, the Subdivider is asking to enter into a short-term deferred improvement agreement with the City for their Mooney Boulevard frontage improvements. This separate agreement along with associated surety would serve to secure completion of the frontage improvements, allowing for them to be separated from the other improvements tied to the subdivision improvement agreement. As the majority of the other improvements have already been completed, there would likely be no need to seek time extensions to the subdivision improvement agreement. The suggested term of the deferred improvement agreement is four years, based upon the Subdivider’s prior experience. Council could direct that the term of the agreement be shortened, which would have the effect of providing Council with a greater level of oversight regarding progress of the deferred improvements.
With the deferred improvement agreement, SJV Horizontal, LLC will be required to provide the City with a performance bond or other acceptable surety equal to 120% of the proposed improvement cost (total improvement cost plus 5% for each year that the improvements can be deferred) to secure their performance of the Mooney Boulevard improvements.
As has previously been shared with Council, staff has been negotiating with the Subdivider to incorporate the improvements of City CIP Project EN0101 – “Tesori-Bella Oaks Improvements” into the scope of their Item #: 11.16
Consent
Mooney Boulevard frontage improvements. The engineer for both the City project and Sorrento subdivision are actively designing the improvements and working on cost estimates. Staff anticipates that this effort will be completed by July, at which time a Development agreement between the City and Subdivider for a joint project could be brought to Council for consideration. If a development agreement is executed, the Sorrento subdivision short-term deferred improvement agreement would be redundant and would no longer be necessary. It could be voided in conjunction with Council’s approval of the development agreement.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The deferred improvement agreement has been reviewed and approved as to form by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny – The City is collaborating with SJV Horizontal on a development agreement to complete the Sorrento and Tesori-Bella Oaks Mooney Boulevard frontage improvements as a single project.
Rejecting the deferred improvement agreement could potentially jeopardize the Mooney development agreement between the Developer and the City.
3. Table – A delay in the City’s approval of the deferred improvement agreement will postpone the acceptance of the subdivision's final map, which will consequently delay the construction and occupancy of homes at Sorrento.
ATTACHMENTS
1. Short-term deferred improvement agreement
Reviewed/Approved:
1 RECORDING REQUESTED BY:
2 3 City of Tulare
4 411 East Kern Avenue
5 Tulare, CA 93274
6 7 WHEN RECORDED MAIL TO:
8 9 Same
10 11 PURSUANT TO GOVERNMENT CODE SECTION 6103,
12 NO RECORDING FEE REQUIRED.
13 14
15 SHORT-TERM DEFERRED
16 IMPROVEMENT AGREEMENT
17 18 This Agreement, made and entered into as of this _____ day of _________, 2025, by and between the 19 CITY OF TULARE, a Municipal Corporation in the State of California, hereinafter referred to as 20 “CITY”, and SJV Horizontal, LLC., A Delaware Limited Liability Company, hereinafter referred 21 to as the "APPLICANT";
22 23 W I T N E S S E T H
24 25 WHEREAS, the APPLICANT has received approval through Planning Commission Resolution No. 26 5475 approving the Sorrento Subdivision (A.K.A. Lago Subdivision) on Assessor’s Parcel No. 149- 27 380-032 and 149-390-022 (hereinafter referred to as the “PROPERTY”) located in the City of Tulare, 28 County of Tulare, State of California; and
29 30 WHEREAS, the City of Tulare Planning Commission placed engineering conditions of approval on 31 development of the PROPERTY, attached herewith as Exhibit "A" and incorporated by reference 32 herein, Mooney Boulevard (SR 63) improvements including but not limited to, Cartmill Avenue 33 intersection improvements, Ribolla Avenue intersection improvements, Cartmill Avenue traffic signal 34 improvements, landscape and irrigation, street improvements, median improvements, curb, gutter, 35 storm drain system improvements, streetlights, and sidewalk (hereinafter referred to as the 36 "IMPROVEMENTS"); and
37 38 WHEREAS, the APPLICANT has requested that such IMPROVEMENTS be deferred for a maximum 39 of 4 years; and
40 41 WHEREAS, construction of the IMPROVEMENTS may be deferred in accordance with a Short Term 42 Deferred Improvement Agreement to be executed by the APPLICANT and CITY pursuant to City of 43 Tulare Municipal Code Section 8.24.510 (C) to that future point in time when such IMPROVEMENTS 44 are required by the City Engineer to be constructed; and 45 1 WHEREAS, the APPLICANT has indicated a willingness to enter into such an improvement 2 agreement upon the terms and conditions set forth herein below; 3 4 NOW, THEREFORE, BE IT AGREED as follows:
5 1. Construction of IMPROVEMENTS. The APPLICANT hereby agrees, in consideration of the 6 engineering conditions of approval for Resolution 5248, to construct or cause to be constructed the 7 IMPROVEMENTS specified in Engineering Conditions No. 1, 3, 9, and 18 of said City of Tulare 8 Planning Commission conditions within ninety (90) days of receipt of a written demand of Notice to 9 Proceed by the CITY. Said IMPROVEMENTS shall be constructed in compliance with all applicable 10 City and Caltrans standards, including all amendments adopted hereafter. 11 12 2. Development Impact Fees. The APPLICANT covenants and agrees to timely pay all current, 13 relevant and pertinent Development Impact Fees, and any other current and applicable permit or 14 processing fees as of the period of time wherein CITY makes a written demand of Notice to Proceed 15 for construction as defined in Section 1 herein.
16 17 3. Security. The APPLICANT shall secure performance under this agreement by obtaining a 18 Performance Bond or other acceptable security in the amount of nine hundred fifty-four thousand five 19 hundred and eight dollars ($954,508.00), which represents 100% of the estimated construction cost of 20 the IMPROVEMENTS enumerated in Section 1 above, which the CITY can claim in the event that 21 APPLICANT fails to construct and complete the IMPROVEMENTS within the time limits set forth 22 in Section 1, and consistent with Section 9 herein. The bond shall be in the form acceptable to the City 23 Engineer and City Attorney. In the event the Performance Bond expires prior to the end of the Term 24 of the Agreement, APPLICANT shall give notice to CITY prior to ninety (90) days of the expiration 25 or termination of the Bond and renew said bond for the amount of 100% of the estimated construction 26 costs of the IMPROVEMENTS enumerated in Section 1 above. The City Engineer shall estimate that 27 cost of construction at the time of renewal and shall require the amount of the renewal Bond to meet 28 or exceed that estimated cost of construction defined by the City Engineer. The APPLICANT shall 29 secure payment under this agreement by obtaining a Labor and Materials Bond or other acceptable 30 security in the amount of four hundred seventy-seven thousand two hundred and fifty-four dollars 31 ($477,254.00), which represents 50% of the Performance Bond or other acceptable security, to secure 32 payment to all contractors and subcontractors performing work on said IMPROVEMENTS and all 33 persons furnishing labor, materials or equipment to them for said IMPROVEMENTS. Payment 34 Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit 35 made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, 36 or cash. Notwithstanding other provisions contained in this Agreement, if the payment security 37 provided to the City is in the form of a Performance Bond and a Labor and Material Bond, the language 38 on the bond shall be in substantial compliance with Gov. Code § 66499.1 and Gov. Code § 66499.2 39 respectively. No reduction in Payment Security shall be allowed prior to the CITY’s recordation of a 40 Notice of Completion, and prior to the passage of the time within which claims of lien are required to 41 be recorded as stipulated in Government Code Section 66499.7(h). 42 43 4. Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final 44 acceptance by the CITY shall be repaired or replaced by APPLICANT before any securities are 45 released. Final acceptance by CITY shall not occur until damage has been repaired to prior and agreed 46 upon condition.
1 2 5. Remedy of Defects. APPLICANT shall remedy any defective work, labor or materials related to 3 the IMPROVEMENTS, and shall pay CITY for any damage to the IMPROVEMENTS resulting 4 therefrom, which occur within a period of one year from the date of final acceptance of the 5 IMPROVEMENTS by CITY. Prior to final acceptance of the IMPROVEMENTS by CITY, a 6 warranty/maintenance bond or certificate of deposit shall be provided by APPLICANT, in the amount 7 of ninety-five thousand four hundred fifty-one dollars ($95,451.00), which represents 10% of the 8 Performance Bond or other acceptable security, and shall be released one year following final 9 acceptance, less any amount required to remedy defective work. 10 11 6. Term of Agreement. The term of this Agreement shall be 4 years from the date of execution of this 12 Agreement. In the event that CITY has not made a written demand for the APPLICANT to construct 13 the subject IMPROVEMENTS prior to ninety (90) days before the end of the term of this Agreement, 14 APPLICANT shall be obligated, without written request by the CITY to construct and complete the 15 subject IMPROVEMENTS enumerated in Section 1 above in accordance with City of Tulare 16 Municipal Code section 8.24.510(C)(6).
17 18 7. Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the CITY, 19 APPLICANT expressly agrees to, and shall, indemnity, defend, release, and hold the CITY, and its 20 respective officials, officers, employees, agents, and contractors harmless from and against any Action, 21 liability, loss, damage, entry, judgment, order, and lien, which arises out of, or are in any way related 22 to, any act or omission of APPLICANT, or its officers, directors, employees, agents, or contractors, 23 connected with the performance under this Agreement, the construction, use, or operation of the 24 Project, notwithstanding that the CITY may have benefited therefrom, or any challenge to this 25 Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, 26 whether active or passive, on the part of APPLICANT’s officers, directors, employees, agents and 27 contractors. The CITY shall not be responsible for any acts, errors or omissions of any person or entity 28 except the CITY and its officers, agents, servants, employees or contractors. The Parties expressly 29 agree that the obligations of APPLICANT under this Section shall survive the expiration or early 30 termination of the Agreement.
31 32 8. Notices. All notices or written demands to be given pursuant to this Agreement by either party 33 shall be mailed by certified mail, return receipt requested, addressed as follows:
34 35
36 APPLICANT: SJV Horizontal, LLC., A Delaware Limited Liability Company 37 5607 Avenida De Los Robles
38 Visalia, CA 93291
39 40
41 CITY: City Engineer
42 411 E. Kern Avenue
43 Tulare, California 93274
44 45 Each party shall promptly notify the other in writing of any change in that party's mailing address. 46 1 9. Default and Remedies.
2 3 a. Default. APPLICANT’s failure or unreasonable delay to perform any term or provision of this 4 Agreement constitutes a Default of this Agreement. In the event of a Default, the CITY shall give 5 written “Notice of Default” to the APPLICANT, specifying the Default. Delay in giving such notice 6 shall not constitute a waiver of the Default. If the APPLICANT fails to cure the Default within thirty 7 (30) days after receipt of a notice specifying the Default, or, if the Default is of a nature that cannot be 8 cured within thirty (30) days, the APPLICANT fails to commence to cure the Default within said thirty 9 (30) days and thereafter diligently prosecutes such cure to completion, then the APPLICANT shall be 10 liable to the CITY for any and all damages caused by such Default. 11 12 Pursuant to City of Tulare Municipal Code section 8.24.510(C)(2), the CITY is authorized to have 13 construction completed and charge the entire cost of completion to the APPLICANT, including 14 interest from the date Notice of Default is provided, in the event of Default (the interest rate charged 15 should be consistent with the regulations of Article 15, Section 1 of the California Constitution). 16 Damages caused by such Default which are covered by this Agreement and the relevant Municipal 17 Code include, but are not limited to, all litigation costs and reasonable attorneys’ fees. In the event of 18 APPLICANT’s Default, these costs shall become part of the City of Tulare’s lien against the real 19 property pursuant to City of Tulare Municipal Code section 8.24.510(C)(5). 20 21 b. No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, 22 covenants or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor 23 shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be 24 deemed a waiver or relinquishment of such other right or power at any other time or times. 25 26 c. Remedy of Default. Obligations under this Agreement shall constitute a lien subject to 27 foreclosure in in the event of default pursuant to City of Tulare Municipal Code section 8.24.510(C)(4). 28 29 d. Legal Action. In addition to any other rights and remedies any party may institute a legal action 30 to require the cure of any default and to recover damages for any default, or to obtain any other remedy 31 consistent with the purpose of this Agreement. The following provisions shall apply to any such legal 32 action.
33 34 i. Legal action must be instituted and maintained in the Superior Court of the County of Tulare, 35 State of California.
36 37 ii. The laws of the State of California shall govern the interpretation and enforcement of this 38 Agreement.
39 40 iii. In the event the City commences an Action against APPLICANT which arises out of 41 APPLICANT’s Default of, breach of, failure to perform, or that is otherwise related to, this 42 Agreement, then the CITY shall be entitled to recover its costs and reasonable litigation expenses from 43 APPLICANT in addition to whatever relief to which the CITY may be entitled in accordance with 44 City of Tulare Municipal Code section 8.24.510(C)(5) 45 1 10. Recordation of Agreement. Upon execution of the Agreement by the CITY and the APPLICANT, 2 this Agreement shall be recorded in the Office of the Tulare County Recorder. From and after the date 3 of recordation, the terms and conditions of said Agreement shall be binding upon the heirs, executors, 4 administrators, grantees, and successors.
5 6 11. Modification. This Agreement shall be amended or modified only with the prior written consent 7 of all parties thereto and any such amendment shall be recorded forthwith in the Office of the Tulare 8 County Recorder.
9 10 12. Interpretation. The CITY and APPLICANT acknowledge that this Agreement is the product of 11 mutual negotiation and drafting and each represents and warrants to the other that it has been 12 represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule 13 of construction which provides the ambiguities in a document shall be construed against the drafter of 14 that document shall have no application to the interpretation and enforcement of this Agreement. In 15 any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such 16 extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and 17 give effect to the intention of the parties hereto.
18 19
20 IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written. 21 22
23 CITY OF TULARE SJV Horizontal, LLC., A Delaware Limited 24 A Municipal Corporation Liability Company
25 “CITY” “DEVELOPER”
26 27
28 By: By:
29 Marc Mondell, City Manager
30 31 Name:
32 33 Title:
34 35
36 37 ATTEST:
38 39
40 41 Chief Deputy City Clerk and Clerk of
42 the Council of the City of Tulare
43 44
45 APPROVED AS TO FORM:
46 47
48 49 City Attorney
1 2
3 4
5 6
7 8
9 10
11 12
13 State of California )
14 )
15 County of Tulare ) Ss.
16 17
18 On ______________________________, before me, ____________________________, personally 19 appeared _________________________________________, personally known to me (or proved to 20 me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the 21 within instrument, and acknowledged to me that he/she/they executed the same in his/her/their 22 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 23 entity upon behalf of which the person acted, executed the instrument. 24 25 WITNESS my hand and official seal
26 27 Signature _______________________________
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
1 2
3 4
5 6
7 8
9 10
11 12
13 State of California )
14 )
15 County of Tulare ) Ss.
16 17 On ______________________________, before me, ____________________________, personally 18 appeared _________________________________________, personally known to me (or proved to 19 me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the 20 within instrument, and acknowledged to me that he/she/they executed the same in his/her/their 21 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 22 entity upon behalf of which the person acted, executed the instrument. 23 24 WITNESS my hand and official seal
25 26 Signature _______________________________
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Final Map Acceptance – Sorrento Subdivision
RECOMMENDED ACTION
Contingent on Council’s approval of the short-term deferred improvement agreement for the Sorrento Subdivision’s Mooney Boulevard frontage improvements, conditionally approve the final map and subdivision improvement agreement for the Sorrento Subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items before July 5, 2025.
SUMMARY
Planning Commission Resolution No. 5475, which was adopted on 03/11/2024, approved the tentative subdivision map for the Sorrento Subdivision. This subdivision is situated on the southwest corner of Cartmill Avenue and Mooney Boulevard (SR 63) and covers approximately 14 acres with a total of 125 single-family lots at full buildout. The development of the subdivision will be done in a single phase.
To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.
ALTERNATIVE ACTION
1. Approve with changes – Changes would result in delay to the project schedule.
2. Deny – Construction of the proposed single-family residential construction project would not be permitted.
3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.
ATTACHMENTS
1. Planning Commission Resolution No. 5475
2. Sorrento Subdivision Agreement
3. Sorrento Subdivision Final Map
Reviewed/Approved:
Item #: 11.17
Consent
Subdivision Improvement Agreement 1
Final Map of Sorrento (Lago)
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
Sorrento (Lago), in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )
SUBDIVISION AGREEMENT
FINAL MAP OF SORRENTO (Lago)
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and SJV Horizontal, LLC, A Delaware Limited Liability Company, By: SJV Homes, LLC, A Delaware Limited Liability Company, It’s Sole Member located at 5607 Avenida De Los Robles, Visalia, CA 93291 hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:
Lot 12 of DEL LAGO NORTHEAST SUBDIVISION, recorded in volume 41 of Maps, at Page 13 of Tulare County records, located in Section 36, Township 19 South, Range 24 East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California.
Excepting therefrom all that portion as conveyed to the State of California and particularly described in Grant Deed recorded April 7, 2009 as Document No. 2009-0020358 of official records.
Also excepting therefrom all that portion as conveyed to Charter City of Tulare, a California municipal corporation and particularly described in Grant Deed recorded April 10, 2020 as Document No. 2020-0021095 of official records.
B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.
C. Subdivider desires and agrees to complete the improvements required by Resolution No. 5475 for Subdivision Improvement Agreement 2
Final Map of Sorrento (Lago)
TENTATIVE SUBDIVISION MAP 2023-27 dated March 11, 2024 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.
D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a part of this Agreement.
AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide Subdivision Improvement Agreement 3
Final Map of Sorrento (Lago)
accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form Subdivision Improvement Agreement 4
Final Map of Sorrento (Lago)
of a Performance Bond, the language on the bond shall be in substantial compliance with Gov.
Code § 66499.1. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Labor and Material Bond, the language on the bond shall be in substantial compliance with Gov. Code § 66499.2. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h).
11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.
Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
12) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 13) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful Subdivision Improvement Agreement 5
Final Map of Sorrento (Lago)
misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.
14) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.
Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.
All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.
Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 15) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 16) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
17) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes. 18) Prevailing Wages. Subdivider shall:
a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Subdivision Improvement Agreement 6
Final Map of Sorrento (Lago)
Improvements”).
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
Subdivision Improvement Agreement 7
Final Map of Sorrento (Lago)
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.
CITY OF TULARE SJV Horizontal, LLC, A Delaware Limited
a Municipal Corporation Liability Company
By: SJV Homes, LLC, A Delaware Limited
Liability Company, It’s Sole Member
By: By:
Marc Mondell, City Manager
Name:
Title:
ATTEST:
Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)
Subdivision Improvement Agreement 8
Final Map of Sorrento (Lago)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Subdivision Improvement Agreement 9
Final Map of Sorrento (Lago)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. {Doc. No. } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of [including Addendum to Subdivision Agreement for Rights of Way Acquisition]}.
DATED: ____________________, 20___
BENEFICIARY
By: ________________________________________
Print Name: ________________________________________
Title: ________________________________________
(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)
Subdivision Improvement Agreement 10
Final Map of Sorrento (Lago)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Subdivision Improvement Agreement 11
Final Map of Sorrento (Lago)
EXHIBIT “A”
Estimated Improvement Costs & Security Requirements
Bond Type Required Bonding Amounts
Performance Bond Amount*
(100% Improvement Cost**)
$2,162,548.00
Payment Bond Amount
(50% Improvement Cost
$1,081,274.00
Maintenance Bond Amount***
(10% of Required Improvements)
$216,254.80
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above
** Upon the developer's request, the city may calculate a reduced bond amount (less than 100% improvement cost) following the City’s standard bond reduction procedures for partially installed improvements.
*** Maintenance bond is required at the time the improvements are accepted by the city.
Subdivision Improvement Agreement 12
Final Map of Sorrento (Lago)
EXHIBIT “B”
Estimated Oversize Improvement Costs
Item Oversize Cost
Water Facilities
$0.00
Street Name: None
Description Quantity Unit
Measure
Unit
Price
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Subdivision Improvement Agreement 13
Final Map of Sorrento (Lago)
EXHIBIT “B”
Estimated Oversize Improvement Costs
Item Oversize Cost
Sewer Facilities
$0.00
Street Name: None
Description Quantity Unit
Measure
Unit
Price
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Subdivision Improvement Agreement 14
Final Map of Sorrento (Lago)
EXHIBIT “B”
Estimated Oversize Improvement Costs
Item Oversize Cost
Storm Drain Facilities
$0.00
Description Quantity Unit
Measure
Unit
Price
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Subdivision Improvement Agreement 15
Final Map of Sorrento (Lago)
EXHIBIT “B”
Estimated Oversize Improvement Costs
Item Oversize Cost
Street Facilities
$43,879.95
Street Name: Cartmill Avenue
Description Quantity Unit
Measure
Unit
Price
Pavement Oversize 4375.75 SF $6.60 $ 28,879.95
Street Name: Ribolla Avenue
Streetlights on south side of Ribolla Ave to be
paid through Tesori-Villa Oaks Settlement
2 EA $7,500.00 $15,000.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Street Name: None
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Subdivision Improvement Agreement 16
Final Map of Sorrento (Lago)
EXHIBIT “B”
Estimated Oversize Improvement Costs
Item Oversize Cost
Parks Facilities
$0.00
Description Quantity Unit
Measure
Unit
Price
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
$ $0.00
Total Exhibit “B” Estimated Oversize Costs $ $0.00
Subdivision Improvement Agreement 17
Final Map of Sorrento (Lago)
EXHIBIT “C”
Subdivision Agreement Fees
Account No. Transaction No.R/C
No.
Description of Charge Quantity Unit Cost Total
Amount
Inspection, Testing and Construction
001-3247-001 1391 S-29 Public Inspection Fee 1 $38,250.96 $38,250.96 010-3265 3060 Backflow Test 0 $91.00 $ 0.00
010-3270-3 3073 Water Pressure Test 1 $264.00 $264.00
010-3270-004 3074 Water Purity Sample 16 $227.00 $3,632.00 Front Foot Fees
015-3265 3420 Sewer Front Foot 428 $28.00 $11,984.00
010-3265 3060 Water Front Foot 730 $19.00 $13,870.00
001-3265 9260 Street Front Foot 0 $0 $ 0.00
Benefit Districts
001-3252-002 1472 S-37 Benefit District Creation 0 $0 $ 0.00 015-260-047 9260 Del Lago - Hillman St 0 $0 $ 0.00
001-260- 9260 Storm Drain Benefit District 0 $0 $ 0.00
001-260 9260 T.I.D. Benefit District 0 $0 $ 0.00
In-Lieu Fees
TBD Mooney Blvd Water Main 800 $19.00 $15,200.00
TBD Cartmill Ave Sewer, Water,
Street
1 $242,443.02
Non-Bonded Improvements
001-3266-000 1611 Street Signs 20 $500.00 $ 100,00.00
Other
TBD Del Lago Traffic Signal Fee 14.06 $696.09 $9,787.03 TBD Del Lago TID Ditch Piping
Fee
14.06 $833.00 $11,711.98
Total = $93,200.96
Less Previously Paid = $0
Less Credits = $0
Amount Due = $93,200.96
Subdivision Improvement Agreement 18
Final Map of Sorrento (Lago)
EXHIBIT “D”
Minimum Insurance Requirements, Coverage Types, Amounts Coverage Afforded Limits of Liability
Worker’s Compensation: As required by the State of California and Employer’s Liability Insurance
Commercial General Liability Insurance Including: $2,000,000 per occurrence for Bodily Injury, Personal Injury, and Property Damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to this project/location
or the general aggregate limit shall be twice
(minimum $4,000,000) the required occurrence
limit.
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including: $2,000,000 Bodily Injury and Property Damage. a) Non-owned
b) Leased
c) Hired Vehicles
Employer's Liability:
Subcontractors:
Verification of Coverage:
$1,000,000 per accident for bodily injury or
disease.
Contractor shall include all subcontractors as
insureds under its policies or shall furnish
separate certificates and endorsements for each
subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated
herein.
Contractor shall furnish the City with original
endorsements effecting coverage required by this
clause. The endorsements are to be signed by a
person authorized by that insurer to bind
coverage on its behalf. All Certificates of
Insurance and endorsements are to be received
and approved by the City before work
commences. Upon the request of the City, the
Contractor’s insurer may provide complete,
certified copies of all required insurance policies,
including endorsements affecting the coverage
required by these specifications.
Subdivision Improvement Agreement 19
Final Map of Sorrento (Lago)
Staff Report
Meeting: City Council
Date: May 6, 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.
This item was continued from the April 15 meeting; however, no action will be taken on this item at the May 6 meeting. A new public hearing will be noticed and held on May 20, 2025.
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 #: 12.1
Public Hearing
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Vacancies and Recruitment and Retention Efforts
RECOMMENDED ACTION
Conduct a public hearing on position vacancies and recruitment and retention efforts as mandated by California Government Code 3502.3.
SUMMARY
Assembly Bill (“AB”) 2561 of 2024 requires public agencies to hold a public hearing to address the status of job vacancies and recruitment and retention efforts prior to the adoption of the agency’s annual budget.
The legislature’s intent of AB 2561 is to address the issue of job vacancies in local government, which can adversely impact the delivery of public service, may lead to heavier employee workloads, and may also lead to increased employee turnover.
Pursuant to Government Code § 3502.3, the City is required to do the following:
1. Public Hearing: At least once each fiscal year, at a public hearing before the governing body, the City shall present information regarding the status of vacancies and recruitment and retention efforts and identify any necessary changes to policies, procedures and recruitment activities that may lead to obstacles in the hiring process.
2. Employee Organization Participation: Allow the recognized employee organization for each bargaining unit within the City to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. There are four represented bargaining units at the City and all have been notified of the public hearing and advised of their right to address the Council on the matter.
3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20 percent of authorized full-time positions in that bargaining unit, the City must provide additional information during the public hearing, including the following: (1) the total number of vacancies; (2) the number of applicants; (3) the average time to fill positions; ad (4) opportunities to improve compensation and working conditions for employees in the bargaining unit.
The following reflects the City’s represented and unrepresented bargaining units’ vacancy rates as of April 15, 2025:
Bargaining Unit Budgeted Vacancies Vacancy Rate
CA League of City Employees Association (CLOCEA)* 214 17 7.9% Tulare Police Officers Union (TPOU)* 61 5 8.2%
Tulare Professional Firefighter Association Mgmt*. 12 0 0% Tulare Professional Firefighter Association Non-Mgmt.* 36 0 0% Unrepresented Tulare Police Management Group (TPMG) 16 0 0% Unrepresented Tulare Fire Division Chief Officer Group 3 2 66.6% Unrepresented Management 49 3 6.1%
Unrepresented Department Heads 12 0 0%
Total 402 27 6.71%
*Represented Bargaining Unit
Item #: 12.2
Public Hearing
Compliance
No vacancy rates within any of the City’s four bargaining units meet or exceed 20 percent of authorized full-time positions in that bargaining unit.
The City continues to make improvements to the recruitment process to reduce the length of time to hire, including recruitment process changes, the current HR and financial system conversion underway, and opening of the employee health clinic.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with conducting this public hearing and receiving this report.
LEGAL REVIEW
This item was reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Provide staff direction; or
2. Table
ATTACHMENTS
None
Reviewed/Approved:
Staff Report
Meeting: City Council
Date: May 6, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Mario Zamora, City Attorney
Agenda Title: Resolution of Necessity for a Portion of Property Located at APN 172-040-031
RECOMMENDED ACTION
Adopt a resolution declaring certain 1,821 square feet of real property located on APN 172-040-031, commonly known as 3158 East Bardsley Avenue, in the City of Tulare, County of Tulare, State of California, necessary for public purposes and authorizing the acquisition thereof in connection with the Bardsley Avenue Sidewalk Improvement Project.
SUMMARY
Staff has sent several communications to the owners of the subject property to acquire the abovereferenced portion of the property (1,821 square feet). This portion of the property needs to be acquired in order to construct a sidewalk along the northside of East Bardsley Avenue as part of the Bardsley Avenue Sidewalk Improvement Project. Staff sent the property owners an initial offer to purchase a portion of the property on October 10, 2024. On February 21, 2025, staff sent the property owners a revised offer, in the sum of twenty-five thousand nine hundred and 00/100 dollars ($25,900.00), which consists of eighteen thousand three hundred and 00/100 dollars ($18,300.00) for a partial property fee acquisition in fee simple consisting of approximately 1,821 square feet and seven thousand six hundred and 00/100 dollars ($7,600.00) for curable damages, which total value represents the fair market value of the property to be acquired using the Sales Comparison approach. The City and the property owners have not been able to reach an agreement.
Staff is asking City Council to adopt a Resolution of Necessity. The City Attorney has prepared the attached Resolution of Necessity as authorized and for adopted by City Council. The statutory offer and summary of the basis for just compensation, pursuant to Government Code Sections 7267.1 and 7267.2(a) and prepared by City, have been sent to the owners. Staff has also notified the above owners, in writing via first-class mail, and more than 15 days prior to the Council meeting, that this matter would be scheduled for this meeting’s agenda. In adopting a Resolution of Necessity, the City Council must find that the public interest and necessity require the project, that the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury, and that the property sought to be acquired is necessary for the project. Passage of the Resolution requires a twothirds vote of all members of the City Council.
FISCAL IMPACT & FUNDING SOURCES
Fiscal impact has yet to be determined.
LEGAL REVIEW
The proposed resolution was reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table – A delay in adopting the resolution may delay progress for the Bardsley Avenue Sidewalk Project.
Item #: 12.3
Public Hearing
ATTACHMENTS
1. Resolution
2. October 10, 2024 Statement of, and Summary of the Basis for, the Amount Established as Just Compensation
3. February 21, 2025 Statement of, and Summary of the Basis for, the Amount Established as Just Compensation
4. Notices to Property Owners
Reviewed/Approved:
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE BARDSLEY AVENUE SIDEWALK IMPROVEMENT PROJECT (PORTIONS OF 3158 EAST BARDSLEY AVENUE, APN 172-040-031)
WHEREAS, the City of Tulare (“City”) is a municipal corporation in the County of Tulare, State of California; and
WHEREAS, the City seeks to construct the Bardsley Avenue Sidewalk Improvement Project (“Project”) to improve the sidewalk along East Bardsley Avenue, just east of the intersection with Morrison Street; and
WHEREAS, it appears necessary and desirable that the City acquire fee title to a portion of the property located at 3158 East Bardsley Avenue, APN 172-040-031, located in the City, which is more particularly described and depicted as set forth in Exhibit “1” (the “Property”); and WHEREAS, the project for this resolution is the acquisition of fee title to the Property, consisting of approximately One Thousand Eight Hundred Twenty-One (1,821) square feet, for a public sidewalk right of way for the Project; and
WHEREAS, a Notice of Hearing on the Intent of the City Council of the City of Tulare (hereinafter “Council”) to adopt this Resolution of Necessity, was mailed to the record owners of the Property in accordance with California Code of Civil Procedure sections 1245.235(a) and 1245.235(b). The Notice of Hearing advised the Property owners of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and WHEREAS, the hearing set out in the Notice of Hearing was held on May 6, 2025, at the time and place stated therein, and all interested parties were given an opportunity to be heard, and the hearing was then closed and the matter considered by the Council, all as required by law; and
WHEREAS, this Council has received and considered all relevant factors and evidence, including, but not limited to, the staff report accompanying this resolution and matters referenced therein; facts which are otherwise commonly known, judicially noticeable and matters of public record; and all other relevant and proper evidence offered at the hearing by City staff; the Property owners, and others who appeared and/or were heard.
NOW, THEREFORE, the City Council of the City of Tulare, by a vote of not less than twothirds of its members, declares, finds, and resolves as follows:
Section 1. The foregoing recitals are true and correct and, by this reference, incorporated herein as if set forth in full.
Section 2. The City intends to construct the aforementioned Project, a public use, together with related improvements to carry out and make effective the principal purpose pursuant to California Code of Civil Procedure section 1240.120(a), and in connection therewith, acquire interest in that certain Property. Said public use is a function of the City.
Resolution 2025-XX