Agenda packet — Tulare City Council, June 21, 2022 (part 1 of 2)

City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, June 21, 2022
6:00 p.m. – Closed Session
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.

Attending and Participating in Meetings
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare. Additional meetings of the City Council may be called as needed.

Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Citizen Comments and/or General Business items. Please note that there will be approximately a 20- second delay in broadcast for viewers. When calling in, please mute speakers if viewing the meeting via YouTube.

City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Citizen Comments portion of the meeting. • When invited by the Mayor to speak, please step up to the podium, state your name and city where you reside, and make your comments. Comments are limited to three minutes per speaker.

Agri-Center of the World
Mayor
Dennis A. Mederos, District 4
Vice Mayor
Terry A. Sayre, District 2
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Patrick Isherwood, District 5
City Council Agenda June 21, 2022
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I. CALL TO ORDER CLOSED SESSION – 6:00 p.m.

II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.

III. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

1. Conference with Labor Negotiators pursuant to Government Code § 54957.6 Designated Representatives: Mario Zamora, Marc Mondell, Josh McDonnell, Janice Avila, Diego Ibanez
Employee Organization: TPOU

2. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 7 cases IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER REGULAR MEETING – 7:00 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Recognizing State Farm Insurance for 100 years.

2. Recognizing Community Creators for Unity Project.

X. CITIZEN COMMENTS - This is the time for citizens to comment on subject matters not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens 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 or General Business items will be heard at the time the Public Hearing is opened for comment or the General Business item is discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

XI. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 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 agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council.

XII. CONSENT CALENDAR - All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a City Council Agenda June 21, 2022
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request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only.

2. Approve minutes of the June 7, 2022, regular meeting. [Submitted by: M. Hermann]

3. Adopt Ordinance 2022-08 adopting the Tulare City Police Department Policy regarding use and inventory of military equipment as required in AB 481. [Submitted by: M.

Zamora]

4. Surplus Police K-9 “Thor” and authorize the sale of same to his former handler Officer Bill Robertson for the purchase price of $1.00. [Submitted by: M. Machado]

5. Adopt a resolution of intention to set a public hearing on July 19, 2022, to adopt landscape maintenance assessments for fiscal year 2022-23. [Submitted by: M. Miller]

Bartsch]

9. Accept the Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for June 2022. [Submitted by: N. Bartsch]

Mondell]
City Council Agenda June 21, 2022
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1. Tulare Chamber of Commerce Annual Report presented by CEO Donnette Silva-Carter.

XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) XV. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

Ibanez]

4. Adopt a resolution approving allocation of the City of Tulare’s Encampment Resolution Funding (ERF) Program grant funds in the total amount of $1,029,974 for various services; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program. [Submitted by: A. Costales] XVI. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

3. Receive a fund balance update and direct staff to transfer City Council FY 2021-2022 appropriated Community Improvement funds to approved projects. [Submitted by: D.

Ibanez]

4. Approve a contract with RRM Design Group in the amount of $653,850 for design and construction support services for the redevelopment of Zumwalt Park; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($65,385) of the contract amount. [Submitted by: N. Bartsch]

5. Select one of the nominees from the cities in Tulare County to serve as the Transit Representative to the Tulare County Association of Governments. [Submitted by: M.

Mondell]
XVII. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) XVIII. ADJOURN REGULAR MEETING
Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disabilityrelated 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.

AFFIDAVIT OF POSTING
State of California }
County of Tulare } ss.

City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Friday, June 17, 2022, at City Hall, 411 E. Kern Avenue, as well as on the City’s website.

POSTED BY: Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: June 21, 2022 Agenda Memo
Date: June 17, 2022
Time Estimates - 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. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

I. CALL TO ORDER CLOSED SESSOIN – 6:00 p.m.

II. CITIZEN COMMENTS – Comments from the public are limited to items listed on the agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your comments by stating and spelling your name and providing your city of residence.

III. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Recognizing State Farm Insurance for 100 years.

2. Recognizing Community Creators for Unity Project.

Tulare City Council Page 2
Agenda Memo – June 21, 2022
X. CITIZEN COMMENTS - This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens 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 general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.

XI. COMMUNICATIONS - [Time Estimate: 7:30-7:35 p.m.] Communications are to be submitted to the City Manager’s Office 10 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 agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council.

XII. CONSENT CALENDAR - [Time Estimate: 7:35-7:40 p.m.] All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only.

2. Approve minutes of the June 7, 2022, regular meeting. [Submitted by: M.

Hermann] The minutes of the June 7, 2022, regular meeting are submitted for Council approval. Staff recommends Council approve as presented.

3. Adopt Ordinance 2022-08 adopting the Tulare City Police Department Policy regarding use and inventory of military equipment as required in AB 481. [Submitted by: M. Zamora] On June 7, 2022, Council passed to print Ordinance 2022- 08 adopting the Tulare City Police Department Policy regarding use and inventory of military equipment as required in AB 481. Staff recommends Council adopt Ordinance 2022-08.

4. Surplus Police K-9 “Thor” and authorize the sale of same to his former handler Officer Bill Robertson for the purchase price of $1.00. [Submitted by: M.

Machado] Police K-9 “Thor” was deployed in 2015 and has served the department and community well. Unfortunately, Thor has reached an age where his health and his wellbeing is preventing him from continuing as an active police K-9. Because Thor is specially trained, it is necessary to retire him to his handler who has the necessary experience to handle a police K-9. A common practice used throughout the law enforcement community is to surplus the K-9 to its former handler for the amount of $1.00. This surplus purchase includes a release of liability that fully releases the City of Tulare from any further obligation regarding the K-9 and transfers ownership and control of K9 “Thor” to his former handler Officer Bill Robertson.

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The Police Department has secured funding through the “Paws for the Cause” nonprofit for the purchase of a new K-9. Staff recommends Council surplus Police K-9 “Thor” and authorize the sale of same to his former handler Officer Bill Robertson for the purchase price of $1.00.

5. Adopt a resolution of intention to set a public hearing on July 19, 2022, to adopt landscape maintenance assessments for fiscal year 2022-23. [Submitted by: M.

Miller] The city is required to adopt a resolution of intention to set a public hearing date to establish landscape maintenance assessments for fiscal year 2022-23. The attached resolution of intention serves as the public notice and is published in the local newspaper. Staff recommends Council adopt a resolution of intention to set a public hearing on July 19, 2022, to adopt landscape maintenance assessments for fiscal year 2022-23.

6. Authorize the City Manager to execute an oversized construction reimbursement agreement with Quest Equity, LLC for regional storm drainage improvements and property dedication costs that were conditionally required by the City for various private development projects in the Oak Creek development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller] As part of development of The Greens At Oak Creek subdivision, the Oak Creek Nos. 2 thru 4 multi-family projects, and the future development of commercial property at the corner of Seminole Avenue and Mooney Boulevard (State Route 63), Quest Equity, LLC has completed construction of required storm drainage improvements within the Oak Creek development area east of Mooney Boulevard and south of Seminole Avenue. A portion of these improvements have been determined by the City Engineer to be of supplemental size and capacity or are components of the City’s Development Impact Fee Program, including the following components:
• Construction of a City standard storm drain retention basin serving the various developments located within the Oak Creek development area, • Construction of an access road for the storm drain retention basin, including a driveway approach on Seminole Avenue,
• Fencing and Mooney Boulevard frontage improvements for the storm drain retention basin, and
• Property dedications for storm drain retention basin, basin access road, and Mooney Boulevard right-of-way across basin frontage.

Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached oversize construction reimbursement agreement identifies the improvements and associated costs eligible for oversize construction reimbursement from the City. Staff recommends Council authorize the City Manager to execute an oversized construction reimbursement agreement with Quest Equity, LLC for regional storm drainage improvements and property dedication costs that were conditionally required by the City for various private development projects in the Oak Creek development that are eligible for reimbursement in accordance with Tulare City Council Page 4
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Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

7. Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $416,570 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0098, a street and utility improvement project northeast of Tulare Avenue and Dayton Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($41,657) of the contract award amount. [Submitted by: N. Bartsch] This project is a street and utility improvement project on: Academy Avenue between Dayton Street and Laspina Street; Stanley Drive between Lane Street and Academy Avenue; La Mesa Avenue between Dayton Street and Spruce Street; Burton Avenue, east of Lane Street; Miracle Court; Dayton Street between Tulare Avenue and La Mesa Avenue; Lane Street between Tulare Avenue and Burton Avenue; and Canby Street between Tulare Avenue and the Santa Fe Trail. The project will reconstruct the street section and will include ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fall within the project limits. Additionally, it will address necessary water, sewer and storm drain infrastructure improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project is included as a part of the City’s 2021-2026 transportation and utility CIP program budget.

Peters Engineering Group of Clovis, CA is included on the list of pre-qualified on-call Engineering consultants and demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the design of this project. Peters Engineering Group has proposed to perform the necessary work for $416,570. The proposed cost is in line with industry standards and falls within the amount budget for this work on this project.

Due to the inclusion of funding from various utility funds on this project, this was also submitted to the Board of Public Utilities for review and approval at its regular meeting on June 16, 2022. Staff recommends Council authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $416,570 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0098, a street and utility improvement project northeast of Tulare Avenue and Dayton Street; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($41,657) of the contract award amount.

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Agenda Memo – June 21, 2022

8. Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $269,620 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0099, a street and utility improvement project northeast of Tulare Avenue and Canby Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($26,962) of the contract award amount. [Submitted by: N. Bartsch] This project is a street and utility improvement project on: Tulare Avenue/Cheryl Lane Alley between Canby Street and Mt. View Street; Cheryl Lane at Laspina Street; Academy Avenue between Laspina Street and Mt. View Street; Burton Avenue, west of Laspina to east of Mt. View Street; Eastgate Avenue, west of Laspina Street to Mt. View Street; Vineland Avenue between Laspina Street and Mt. View Street; and Fairwind Court at Vineland Avenue. The project will reconstruct the street section and will include ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fall within the project limits. Additionally, it will address necessary water, sewer and storm drain infrastructure improvements within those limits.

The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project is included as a part of the City’s 2021-2026 transportation and utility CIP program budget.

A Request for Qualifications (RFQ) for On-Call Engineering and Land Surveying Consultants was issued on October 20, 2020. Ten (10) firms submitted all the necessary information to be considered for inclusion in a list of pre-approved consultants to provide these services. The proposals were reviewed and rated in accordance with the consultant selection procedures identified in the RFQ, and the top six (6) firms were recommended for inclusion on the list of prequalified general engineering and land surveying consultants. On December 15, 2020, the City Council approved this list of (6) consultants.
4 Creeks of Visalia, CA is included on the list of pre-qualified on-call Engineering consultants and demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the design of this project. 4 Creeks has proposed to perform the necessary work for $269,620. The proposed cost is in line with industry standards and falls within the amount budget for this work on this project.

Due to the inclusion of funding from various utility funds on this project, this was also submitted to the Board of Public Utilities for review and approval at its regular meeting on June 16, 2022. Staff recommends Council authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $269,620 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0099, a street and utility improvement project northeast of Tulare Avenue and Canby Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($26,962) of the contract award amount.

9. Accept the Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for June 2022. [Submitted by: N. Bartsch] The Capital Improvements Projects (CIP) Dashboard for June 2022 is attached reflecting the quarterly status of Tulare City Council Page 6
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capital projects highlighting the timeline, budgets, percentage complete, and notes indicating specific activity related to each project. The dashboard provides a visual summary of the overall progress of the projects for the City Council’s edification.

Background information related to the policies for projects, and additional information related to the attached report is presented below.

On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed;
• Create department 5-year project plans;
• Improve pre-planning and preparation;
• Identify and implement management policies and procedures; • Improve project cost tracking and project delivery;
• Formalize and improve project reporting; and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

Pursuant to the City Council’s request, Staff provides quarterly Capital Improvement Projects Dashboards for all major capital projects that fall under the City Council’s purview. The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes.

The color metric contained on the dashboard reflects the current state of the project.

Projects shown in BLUE are in the Design Phase. Projects shown in GREEN are in the Environmental or Right of Way Acquisition Phase. Projects shown in ORANGE are those that are in the Construction or Implementation Phase. Staff recommends Council accept the Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for June 2022.

10. Authorize the City Manager to sign a contract for the purchase of a Flex CAD/RMS system from Motorola Solutions in the amount of $938,386.73 and authorize a 10% contingency in the amount of $93,838.67, for a total maximum contract amount of $1,032,225.40. [Submitted by: G. Merrill, J. Bowling, R. Roberts] Computer Aided Dispatch (CAD) and Records Management Systems (RMS) are standard tools in the operations of law enforcement agencies all over the world. The Tulare Police Department has utilized CAD and RMS software packages for many years. The technology allows the department to electronically and digitally manage operations, including intake, dispatching, and tracking of public calls for service as well as the management of department records, such as crime reports and citations.

The current CAD/RMS system for the Tulare Police Department has been in place since 1997. At that time, the Tulare Police Department selected TracNet Solutions. TracNet Solutions has served the Tulare Police Department with an excellent product and Tulare City Council Page 7
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services for many years; however, the Department has outgrown the capabilities of the current software. As a growing law enforcement agency, the Department requires tools and features that are not available using the TracNet solution.

The proposed system will include Automated Vehicle Location (AVL) that will allow dispatch to see the current location of police and fire vehicles. Additionally, new mapping tools will allow for more efficient allocation of resources and new dashboard capabilities will allow easier access to information. Included in the project is the transition of the Tulare Fire Department to be dispatched by the Tulare Police Department resulting in a gross cost savings of approximately $125,000 annually.

On February 15, 2022, the City Council adopted Resolution 2022-05 allocating $1,180,000 of ARPA funds to be used for Police and Fire CAD/RMS Replacement. This contract represents a significant portion of the project. There are additional hardware and software components that will use the balance of funding to have a complete functional system.

Included in this this contract is a performance bond for the implementation of the system for a cost of $44,265.00.

This is a sole source purchase. The Motorola Flex CAD/RMS system (previously known as Spillman Flex) is either currently in use or under contract to be used by multiple law enforcement agencies in our geographic area. Some of these agencies include: County of Tulare, City of Visalia, and City of Porterville. Included in the system is the technological capability to share information between and among agencies. Concurrent with installation of the Motorola system, staff will pursue establishment of Memorandums of Understanding (MOUs) with our partner agencies to create and implement information sharing protocols with the end result being a more comprehensive regional approach to public safety dispatch and records management services. Staff recommends Council authorize the City Manager to sign a contract for the purchase of a Flex CAD/RMS system from Motorola Solutions in the amount of $938,386.73 and authorize a 10% contingency in the amount of $93,838.67, for a total maximum contract amount of $1,032,225.40.

11. Authorize the City Manager or designee to sign a 20-year commercial lease agreement with the Tulare Joint Union High School District to provide summer aquatic recreation programming services at the Tulare Western High School pool. [Submitted by: M. Mondell] The Tulare Joint Union High School District (District), which serves approximately 5,700 students, lacks sufficient pool space to accommodate their students. Currently, two of the District’s three comprehensive high schools have a pool; the current pools are also utilized by the community swim groups and the City of Tulare recreation summer swim program. Unfortunately, the current pools no longer meet the needs of the District, as well as the City and the community. To address this unmet demand, an aquatics complex is proposed at Mission Oak High School to provide a safe and accessible environment and meet the needs of students as well as the general public. The District requested financial assistance from the City to help fund the proposed aquatics complex at Mission Oak High School.

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On February 15, 2022, the Tulare City Council unanimously approved the commitment of $500,000 of American Recovery Plan Act (ARPA) funds towards the District’s planned 50-meter pool project at Mission Oak High School. In turn, the City will receive a 20-year commercial swimming pool lease agreement comprised of four five-year options with the District utilizing the Tulare Western High School pool for the City of Tulare’s summer recreation aquatic programs. Staff recommends Council authorize the City Manager or designee to sign a 20-year commercial lease agreement with the Tulare Joint Union High School District to provide summer aquatic recreation programming services at the Tulare Western High School pool.

12. Authorize the City Manager to execute Agreement Supplement No. 13 in the annual amount of $60,000 plus 4.8% administrative costs and expenses with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects. The City entered into an agreement with TPA on November 13, 2007, to assist in advocating for state and federal projects and programs that could benefit the City. This association has been highly successful resulting in the City securing grants and beneficial programs as well as keeping the City informed on many important state and federal issues affecting the City. They aide the City in preparation of background information and presentations with regard to proposed legislation to educate the Council on matters of support or opposition letters to the legislature, as well as secure meetings for City officials with Sacramento or Washington legislative officials, to discuss matters of local importance.

In July 2011, Townsend reduced their original monthly rate from $7,500 to $5,000 and have not raised their rates for services since. This was done to allow the City to continue to benefit from their legislative expertise and advocate services. Staff recommends Council authorize the City Manager to execute Agreement Supplement No. 13 in the annual amount of $60,000 plus 4.8% administrative costs and expenses with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects.

13. Approve a short-term deferred improvement agreement with Presidio JJR Kensington II 100, LLC, a Delaware Limited Liability Company, allowing the construction of the De La Vina Street & Cartmill Avenue intersection traffic signal improvements for Phases 3 and 4 of the Kensington Estates subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 4 of the Kensington Estates subdivision, whichever occurs first. [Submitted by: M. Miller] Presidio JJR Kensington II 100, LLC is the Subdivider of Phases 3 and 4 of the Kensington Estates subdivision, which is located along the north side of Cartmill Avenue west of Mooney Boulevard. These subdivision phases consist of 55 and 63 single-family residential lots respectively.

Phase 3 is currently under construction, and the Subdivider is seeking to record the final map and proceed with development of Phase 4.

As a condition of Planning Commission Resolution No. 5379, the Subdivider is required to construct at the intersection of De La Vina Street & Cartmill Avenue traffic signal installation.

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The Subdivider has neared completion of all required public improvements for Phase 3 of the Kensington Estates subdivision, with the exception of De La Vina Street & Cartmill Avenue traffic signal installation. The Subdivider is wanting to proceed with recordation of the final map for Phase 4 and to commence its development. However, there is a provision in the City’s standard subdivision improvement agreement for Phase 3 that does not allow for the issuance of building permits in a subsequent phase until a Notice of Completion has been approved for Phase 3. As a result, the delays in completion of the De La Vina Street & Cartmill Avenue traffic signal installation for Phase 3 is preventing the Subdivider from moving forward with the development of Phase 4.

The Subdivider is requesting to enter into a short-term deferred improvement agreement with the City for the De La Vina Street & Cartmill Avenue traffic signal installation associated with Phase 3 of the Kensington Estates subdivision. By securing these improvements through a separate agreement, the requirements of the Phase 3 subdivision improvement agreement could be deemed as met, and a Notice of Completion could be approved, after completion of all required public improvements, for Phase 3. This would allow the Subdivider to move forward with development of Phase 4, while still providing the City with the necessary assurances that required De La Vina Street & Cartmill Avenue traffic signal installation will be completed. The term of the proposed short-term deferred improvement agreement for the installation of the De La Vina Street & Cartmill Avenue traffic signal installation would be a maximum of two (2) years, or prior to the City’s acceptance of required public improvements for Phase 4 of the Kensington Estates subdivision, whichever comes first. Presidio JJR Kensington II 100, LLC will be required to provide the City with a performance bond or other acceptable security equal to 115% of the proposed improvement cost (total improvement cost plus 5% for each year the improvements can be deferred).

Copies of the proposed short-term deferred improvement agreement and Planning Commission Resolution No. 5379 are attached for reference. Staff recommends Council approve a short-term deferred improvement agreement with Presidio JJR Kensington II 100, LLC, a Delaware Limited Liability Company, allowing the construction of the De La Vina Street & Cartmill Avenue intersection traffic signal improvements for Phases 3 and 4 of the Kensington Estates subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 4 of the Kensington Estates subdivision, whichever occurs first.

XIII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS [Time Estimate: 7:40-7:50 p.m.]

1. Tulare Chamber of Commerce Annual Report presented by CEO Donnette SilvaCarter.

XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(3) [Time Estimate:
7:50-8:00 p.m.]
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XV. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. [Time Estimate: 8:00-9:00 p.m.]

1. Adopt a resolution approving the 2022/23 operating budget (with all component parts as listed below); adopt a resolution approving the 2022/23 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare; adopt a resolution establishing the 2022/23 appropriation limit; and receive the BPU adopted Utility Enterprise Fund Budgets. [Submitted by: D. Ibanez] On May 17, 2022 and June 7, 2022, staff presented a proposed budget for the 2022/23 fiscal year to Council for review, discussion, and direction. At the June 7 meeting, Council set the public hearing to adopt the budget for June 21, 2022.

The Board of Public Utilities (BPU) Commissioners held a public hearing on June 2, 2022, and adopted the utilities budget. Pursuant to the City’s charter, a copy of such budget, when adopted, shall promptly be filed with the City Council.

Operating Budget (including the Position Control Budget (PCB)):

The complete proposed General City operating budget is comprised of the following:

1. City Manager’s message;

2. Total estimated revenues and total appropriations proposed for all non-utility City funds (General Fund, non-utility enterprise funds, internal service funds, and debt service funds);

3. The Position Control Budget;

4. The General Fund proposed appropriations summarized by object; and

5. The General Fund divisional appropriations with line item analyses.

Fleet Control Budget (FCB)/Equipment Replacement Control Budget (ERCB):

The Fleet and Equipment Replacement Control Budgets are incorporated into the operating budget on the pertinent analytical line items (see Budget Flex Report). Each control budget applies to internal service funds that operate similarly. Internal charges are computed based on projected costs which are then appropriated in the operating divisions within the proposed budget. The charges are collected by the pertinent internal service fund (for example, Workers Compensation Insurance Fund or Fleet Replacement Fund) from all City funds receiving the internal services. Purchases (for example, for replacement vehicles or for loss pooling costs like insurance) are made through the internal service funds to the third-party providers. The internal service funds are evaluated each budget cycle to determine if costs were more or less than projected which will result in future period adjustments through the operating department budgets.

The FCB also smooths the procurement process in some instances for replacement vehicles replaced in accordance with the pre-approved plan. Provided the cost for replacement of equipment does not exceed the amount authorized for purchasing the pre-approved items, and provided that the City’s Purchasing policy does not require further Council (or BPU) action, the purchases can be made under the existing policy by staff.

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Agenda Memo – June 21, 2022
Appropriation Limit:

Annually, the Council must adopt the City’s Proposition 4 Appropriation Limit (so-called Gann Limit). The amount is adjusted annually for population and for inflation. The proposed Gann Limit is substantially above the City’s proposed budget appropriations, so the City is in compliance.

Resolutions:

Attached are three resolutions to be considered for adoption at a single public hearing:
one for the operating budget, one for the Position Control Budget, and one for the 2022/23 Appropriation Limit. Adoption of the operating budget will include all control budget components described above. Additionally, the resolutions contain guidelines for staff to use in administering the budget during the budgetary period. Staff recommends Council adopt a resolution approving the 2022/23 operating budget (with all component parts as listed below); adopt a resolution approving the 2022/23 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare; adopt a resolution establishing the 2022/23 appropriation limit; and receive the BPU adopted Utility Enterprise Fund Budgets.

2. Adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area 2022/2023 Annual Assessments. [Submitted by: D. Ibanez] City Municipal Code Section 8.48.080 requires the Advisory Board for the Parking and Business Improvement Area of the City to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report. The Tulare Downtown Association (TDA) Board of Directors serves as the Advisory Board of the district and administers the program. The report may propose changes, including, but not limited to, the boundaries of the Parking and Business Improvement Area or any benefit zones within the Area, the basis and method of levying the assessments, and any changes in the classification of business, if a classification is used.

On June 7, 2022, the City Council adopted a resolution of intent approving the intent to levy assessments and receiving the draft report of the Tulare Downtown Association Board of Directors. The public hearing is the final step in the approval process. A TDA Board Member will review the report in detail during the public hearing. Adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area 2022/2023 Annual Assessments.

3. Adopt a resolution ordering improvements for Assessment District 2022-01 for the Fernjo Estates subdivision located along the east side of Mooney Boulevard south of Clover Meadow Avenue. [Submitted by: M. Miller] Attached is a resolution to establish a new assessment district. This new district will provide for the following:
• maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas,
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Agenda Memo – June 21, 2022
• supplemental maintenance of local streets within the district boundaries, and • maintenance and regulatory compliance measures associated with the storm drainage basin serving the area within the district boundaries.

Maintenance activities covered by district assessments will include repairs or nuisance abatement to common lot and storm drain basin improvements due to accidents, ground settlement, tree damage or vandalism.

The attached engineers report outlines the procedural costs and location of the district.

The recommended benefit assessment of $234.00 per single-family equivalent represents a full-build out scenario of 80 single-family lots in accordance with the approved tentative subdivision map of Fernjo Estates. Benefit assessments are subject to annual increases based upon the Consumer Pricing Index (CPI). A public hearing to receive public comment regarding the establishment of the district and proposed assessment is required. Staff recommends Council adopt a resolution ordering improvements for Assessment District 2022-01 for the Fernjo Estates subdivision located along the east side of Mooney Boulevard south of Clover Meadow Avenue.

Costales] The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec.13. (AB 140) Effective July 19, 2021.) The Program is administered by the California Interagency Council on Homelessness (Cal ICH) in the Business, Consumer Services and Housing Agency (“Agency”). The Agency offered one-time Program grant funds to continuums of care and/or local jurisdictions through an open and competitive application process. The City of Tulare, as a Program Grantee, must comply with the terms and conditions of the Standard Agreement1 with Cal ICH and those identified in Request for Applications (“RFA”) documentation, the representations contained in the City’s application, Agency guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

As stated in the RFA, the Program incorporates two interdependent objectives. a) The Program funds local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through non-punitive, low-barrier, person-centered, Housing First approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255, must serve 1 Pending final execution by Cal ICH as of June 14, 2022. See Exhibit C for a copy of the Standard Agreement.

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Agenda Memo – June 21, 2022
a specific encampment site, and be designed to achieve sustainable outcomes for both recipients of services and the encampment site to be resolved. b) In close partnership with Grantees, Agency or its agents will analyze Grantee’s demonstration projects to evaluate activities and outcomes for the purpose of sharing scalable and replicable encampment resolution models that may be implemented across the state.

Beginning in mid-November 2021, Department staff sought informal guidance on the Program from community-based organizations (CBOs) with a record of service in Tulare with people experiencing homelessness. The purpose of meetings and correspondence during this time was to determine a project plan and gauge capacity and interest of local CBOs for an ERF project. The unique ERF Program directives and short timeline to prepare a plan for the RFA demanded a different development and solicitation method than what is typically followed with other federal and state grant programs. In less than seven weeks, Department staff composed a functional project plan and secured letters of support from six entities on the proposed project. With City Management guidance and approval, Department staff applied to Cal ICH’s RFA for the ERF Program. Table 1 provides an overview of the key interventions within the City’s application as rated and awarded by Cal ICH. The original work plan, budget narrative, and six letters of support are attached as Exhibit B for reference.

Table 1 – Summary of ERF Program “Application – Project Proposal” as of December 31, 2021 Intervention Type Explanation Budget Rationale
Direct Services – Case
Management
Three full-time employees (FTE)
across the Kings Tulare CoC,
Salt+Light Works, and Kings
View nonprofit organizations to
provide street outreach, case
management, and housing
navigation services for the
estimated 57 clients five days per
week.

Based on an annual salary
with fringe benefits of
$60,786.35 per each
FTE.

Direct Services – Project
Supervision
Three managers across Kings
Tulare CoC, Salt+Light Works,
and Kings View oversee, train,
and offer regular technical
assistance to their respective
case manager – housing
navigator and the estimated 57
clients.

Based on a loaded annual
salary rate of $39.72 at 4
hours per week.

Direct Services – Mobile
Shower and Bathroom
Unit
Clean The World Global LLC to
manufacture, operate, and
maintain a two-stall shower and
bathroom trailer for unsheltered
residents in the prioritized
Based on a Clean The World
Global LLC presentation of
manufacturing, operating,
and maintenance costs for a
two-stall unit on a two-day
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Agenda Memo – June 21, 2022
encampment area. A selfcontained mobile unit managed
by one FTE and deployed in the
field three- to two-days per week.

The mobile unit will include an
ADA accessible stall, a sharps
container, awning, display tv /
monitor, and technology to
support the collection of client
data.
per schedule, consisting of
an one-time program startup
fee of $165,000 and annual
operational fee of $129,000.

Direct Services – Food
and Palliative Relief
Items
Salt+Light Works to plan,
implement, and maintain a food
and palliative relief item (e.g.,
water bottles, clothing, hygiene
kits) distribution service for
unsheltered residents in the
prioritized encampment area.

This service will be available at
least three-days per week and
involves multiple staff members
responsible for effective
implementation and coordination.

Based on a monthly average
of personnel, operating, food,
and other supplies costs of
$12,050, with a three-day per
week schedule and daily
service goal of assisting 60
clients. The monthly average
accounts for a truck operator,
service supervisor, and
volunteer coordinator at a 0.6
FTE level, storage, and truck
maintenance costs.

Direct Services – Medical
Mobile Care Unit
Adventist Health to contribute the
services of their Mobile Care Unit
(MCU) team to the unsheltered
residents in the prioritized
encampment area. The MCU is
lead by a team of physicians,
registered nurses, medical
assistants, and outreach staff.

Collectively, the MCU delivers
first aid, wound care, medical
assessments, and referrals to
primary care providers when
applicable.

Budget of $50,592 based on
a one-day per week
commitment of 4 hours of
service in the designated
encampment area. This
budget accounts for staffing
costs only.

Direct Services –
Homeless MultiDisciplinary Team
The Tulare County Health and
Human Services Agency to
commit their Homeless MultiDisciplinary Team (MDT) to
engage and offer technical
services to the unsheltered
residents within the prioritized
encampment area. The MDT
consists of personnel from public
health, human services, mental
Budget of $97,898 accounts
for the staffing costs of a Unit
Manager, Social Services
Workers, Alcohol & Drug
Specialists, and a Budget
Officer on a 4 hours per
week schedule for two years.

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Agenda Memo – June 21, 2022
health, and fiscal divisions. This
team offers benefits acquisition,
alcohol and other drug
counseling, and mental health
assessment services.

Housing Options – Rent
and Deposit Assistance
The three case managers, in
collaboration with City of Tulare
staff, to execute a housing plan
with upwards of 57 clients
engaged in the prioritized
encampment area that accounts
for 12 months of rent and a
standard deposit at available
public and privately managed
rental units. This subsidy is
intended to facilitate an exit from
homelessness to permanent
housing and address housing
affordability for at least one-year.

A budget of $542,820 is
based on a 12-month term of
rent assistance and a deposit
equal to one month's rent.

Staff used the federal
Housing and Urban
Development Department’s
Fiscal Year 2022 Fair Market
Rent Documentation System
rent caps for one- and twobedroom units in the VisaliaPorterville metropolitan area.

Estimate involves a
distribution of 50 onebedroom and 7 two-bedroom
units at rates of $764 and
$1,005 respectively. *Staff
miscalculated this line item
by excluding a deposit
amount equal to one month,
and, a combination of ERF
and HOME Program funds
will be required to achieve
anticipated service level.

Sustainable Outcomes –
Housing Stability
Assistance
The three case managers, in
collaboration with City of Tulare
staff, to offset monthly utility and
other household costs for
upwards of 57 clients exiting
homelessness from the
prioritized encampment area.

This subsidy is intended to
address particular household
costs prior to and/or after movein, including standard monthly utilities as well as rental
application fees, credit repair,
and/ other costs necessary to
secure and sustain housing for
clients.

A budget of $141,048 is
based on utility allowance
schedules provided by the
Housing Authority of Tulare
County for Fiscal Year 2022
for one- and two-bedroom
low-rise garden walk-in units
at $154 and $172 per month
respectively, and, includes a
$600 a flexible fund for each
client to address leasing and
other household costs.

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Agenda Memo – June 21, 2022
Sustainable Outcomes –
Waste Removal Service
City of Tulare Public Works
Department to assist with
collecting and disposing of
existing and new waste accrued
during the course of the two-year
project. This waste removal
service will be reserved for the
unsheltered residents in the
prioritized encampment area to
improve sanitation and general
public health conditions.

A budget $12,288 is based
on Public Works staff
managing two six-yard bins
positioned for clients in the
prioritized encampment area,
with a weekly service
schedule for two-years.

Implementation of the Central Encampment Resolution Project Since Cal ICH’s notice of intent to award on March 1, 2022, Department staff began project planning efforts with 6 prospective service providers, the incorporation of Program standards, and preparations to administer a Program award in the amount of $1,566,604. The uniqueness of the City’s project under the ERF Program requires considerable coordination across City Departments and among 6 entities that intend to deliver key services to clients in the prioritized encampment area. Joint training sessions, meaningful information sharing, and the adoption of uniform street outreach and housing plan standards, should position the proposed service providers for success with exiting at least 57 people from homelessness and restoring the designated encampment area(s) to their intended use by May 2024.

And to gather input from City Council and other community stakeholders, Department staff requests a public hearing to consider the adoption of a resolution. If adopted, the resolution will authorize the commitment of the City’s ERF grant to various external entities and across multiple City Departments. Table 2 identifies all proposed allocations of ERF grant funds above $50,000, which excludes allocations to a Park Ranger, waste servicing, direct client housing assistance, and project administrative costs in the collective amount of $516,630. Department staff acknowledge use of a sole source procurement process, which permits bypassing an open and competitive bid process to acquire unique and reliable goods and/or services in a direct and expedited manner.

Table 2 – Proposed Service Providers and Respective ERF Allocations – as of May 13, 2022 Case Managers / Housing Navigators -
1) Kings View: $46,572.70
2) Kings Tulare Homeless Alliance: $46,572.70
3) Salt+Light Works: $46,572.70
Project Oversight, Training and Technical Assistance –
1) Kings View: $16,522
2) Kings Tulare Homeless Alliance: $16,522
3) Salt+Light Works: $16,522
Mobile Shower and Bathroom Facility -
4) Clean The World Global LLC: $423,000
Mobile Medical Care Unit -
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Agenda Memo – June 21, 2022
5) Adventist Health: $50,592
Field Food and Palliative Relief Item Service –
6) Salt+Light Works: $269,200
Multi-Disciplinary Team –
7) Tulare County Health and Human Services Agency: $97,898 Note(s)
• City Management and Housing and Grants Division staff will recommend commitment of CDBG funds in FY2022 and FY2023 and the acquisition of HOME Program funds to realize ERF project goals and anticipated costs.

With City Council approval on June 21, City Management and Department staff may finalize service agreements with the aforementioned entities and begin the implementation of most services by mid-July. Quarterly project implementation and financial reports will be submitted to Cal ICH and made available to City Council and the general public at the same interval. Staff recommends Council adopt a resolution approving allocation of the City of Tulare’s Encampment Resolution Funding (ERF) Program grant funds in the total amount of $1,029,974 for various services; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program.

XVI. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. [Time Estimate: 9:00-10:15 p.m.]

1. Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement. [Submitted by: T. Myers] At the May 17, 2022, City Council meeting, Council members came to a consensus for staff to bring an item to Council for discussion on whether the parking of contractor tow trucks, while on rotation for services with the City of Tulare Police Department should be allowed to park in residential zones to improve response times.

The City of Tulare Police Department currently maintains a Tow Service Agreement with six tow truck companies who voluntarily elect to participate in the Police Department’s tow rotation program. The Agreement specifies mandatory response times depending upon the time of day and type of tow truck needed to respond. For example, the maximum response time during the day is as follows:

Class A (Light Duty, 14,000 lb truck) – 20 minutes
Class B (Medium Duty, 33,000 lb truck) – 35 minutes
Class C (Heavy Duty, 52,000 lb truck) – 35 minutes
Class D (Super Heavy Duty, 54,000 lb truck) – 35 minutes Tulare City Council Page 18
Agenda Memo – June 21, 2022
The night time maximum response time is as follows:

Class A – 35 minutes
Class B – 50 minutes
Class C – 50 minutes
Class D – 50 minutes
The Tulare Municipal Code section 9.48.120 sets forth the commercial vehicle parking restrictions. The section applies to commercial vehicles of more than two-ton capacity commonly described as a truck, truck trailer, trailer, semi or tractor. Section

9.48.120(C)(1)(a) states:

It shall be unlawful for any person to leave, park or allow to be parked any commercial vehicle, whether attended or unattended, within any residential district. This prohibition shall apply regardless of whether the commercial vehicle is located on the public street, highway or alley, or on private property within the residential district.

Council is being asked to discuss the parking of commercial vehicles in residential districts and specifically the applicability of tow trucks while operating under agreement with the Tulare Police Department. Staff recommends Council discuss the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement.

2. Approve the term sheet for operation of a business accelerator at the former courthouse and direct staff to prepare a lease agreement between the City of Tulare and the Tulare Chamber of Commerce. [Submitted by: M. Mondell] The City has been awarded a total of $18,024,068 in Federal American Rescue Plan Act (ARPA) funds for use in addressing the negative impacts of the pandemic. In November 2021 the City Council approved $12,351,800 of ARPA funds to be used for specific purposes including $1,300,000 towards the courthouse renovation project. The proposed renovation of the former courthouse (± 20,000sq.ft.) includes; relocation of the police investigations unit and utilization of the remaining space as a business accelerator. An accelerator (or incubator) is a space where new startup companies can be housed in exchange for receiving discounted space and business support services.

In June 2022, City Council approved a contract with a design firm to prepare construction drawings to implement the proposed project including renovation of the adjacent City Hall parking lot. Management is now bringing to City Council, for its consideration, a proposed term sheet between the City and the Tulare Chamber of Commerce (Chamber) for operation of the accelerator which if approved would result in the basis for a ground lease. The basic terms include:
• Initial term begins upon lease execution (occupancy upon certificate of occupancy) through December 31, 2027.
• Renewal term 5 years (unless City has need for space) • Lease rate $1 per year
• Chamber (Tenant) is entitled to sublease space to startup businesses and other support organizations all rent derived thereof.

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Agenda Memo – June 21, 2022
• Chamber is responsible for operations, programming and regular maintenance. • City is responsible for capital maintenance.
• Responsibility for utilities is divided between the parties. • Both parties have access to parking and meeting space.

Staff recommends Council approve the term sheet for operation of a business accelerator at the former courthouse and direct staff to prepare a lease agreement between the City of Tulare and the Tulare Chamber of Commerce.

3. Receive a fund balance update and direct staff to transfer City Council FY 2021- 2022 appropriated Community Improvement funds to approved projects. [Submitted by: D. Ibanez] At the June 7, 2022, City Council Meeting, Councilmember Sigala requested an update on City Council’s current Community Improvement fund balances and asked for an opportunity to discuss and possibly transfer remaining funds to other City Council approved projects.

The balance of each fund as of May 31, 2022, is listed below:

Please note that all funds must be expended by June 30, 2022. Staff recommends Council receive a fund balance update and direct staff to transfer City Council FY 2021-2022 appropriated Community Improvement funds to approved projects.

Bartsch] On December 7, 2021, City Council approved $9,820,000 of non-Category 3 ARPA funding to be used on various programs and projects to offset the economic impacts of the COVID-19 pandemic on the City of Tulare. Included in this funding is the Zumwalt Park Renovation Project, which will renovate Zumwalt Park in a manner that will improve the recreational opportunities for the community, help to mitigate future pandemic related impacts, and serve as the primary entertainment destination as a key ingredient of downtown revitalization efforts. Key components of the renovation will be the addition of an amphitheater that can host events with between 1,500-2,500 ticketed attendees, a splash pad, a playground, restrooms that comply with current ADA code requirements, an area for food vending, and other amenities intended to enhance the parks status as a destination point.

On January 18, 2022 the City Council approved a contract with Lane Engineers for conceptual design services for the renovation of Zumwalt Park. Lane Engineers, in conjunction with RRM Design Group, reviewed the existing conditions of the park, Fund Number Fund Description Budgeted Current
Balance
001-4010-2117 District 1 Community Improvement $2,500 $2,500 001-4010-2217 District 2 Community Improvement $2,500 $2,500 001-4010-2317 District 3 Community Improvement $2,500 $2,500 001-4010-2417 District 4 Community Improvement $2,500 $2,500 001-4010-2517 District 5 Community Improvement $2,500 $2,500 Tulare City Council Page 20
Agenda Memo – June 21, 2022
worked with the City to further define the scope of the project, and prepared three (3) initial conceptual park designs, including two (2) alternative amphitheater layouts, for review. These were presented to members of the community in a public outreach meeting held on May 4, 2022. Input was gathered at this meeting and a final consolidated plan was compiled for consideration. In addition, staff made the same presentation to the Recreation and Parks Commission on June 14, 2022 and has made similar presentations to a number of local groups and associations.

Additionally, a Request for Qualifications (RFQ) for On-Call Architectural and Landscape Architectural Consultants was issued on April 5, 2022. Three (3) firms submitted all the necessary information to be considered for inclusion on a list of preapproved consultants to provide these services. The proposals were reviewed and rated in accordance with the consultant selection procedures identified in the RFQ, and all three (3) firms were recommended for inclusion on the list of prequalified architectural and landscape architectural consultants. On June 7, 2022, the City Council approved this list of consultants.

RRM Design Group of San Luis Obispo, CA is included on the list of pre-qualified consultants and demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the design of this project. RRM worked as a primary subconsultant under Lane Engineers to prepare the conceptual design alternatives, and ultimately the preferred alternative design for the Zumwalt Park Redevelopment project. As a result, they have provided a proposal to perform the complete design of the project in the amount of $653,850. The proposed cost is in accordance with their on-call contract, in line with industry standards, and falls within the project budget.

Based on the current proposed improvements along with recent and projected cost escalations, initial estimates indicate there may be a need for additional funding for construction beyond what was originally anticipated and budgeted for this project. Even since the initial project budget was developed, construction costs across all industry sectors have increased substantially beyond what could have reasonably been anticipated. This is the result of several factors, largely influenced by the COVID 19 Pandemic. As the City has experienced on other recent projects, supply chain issues, dramatic Consumer Price Index (CPI) fluctuations, and other events have driven construction costs higher than what has been seen in the past. Staff is looking at additional eligible funding alternatives, including available Parks Development Impact Fees (DIFs), to help supplement the current funding, should it become necessary. Staff will bring back these options, along with project phasing alternatives if necessary. Staff recommends Council approve a contract with RRM Design Group in the amount of $653,850 for design and construction support services for the redevelopment of Zumwalt Park; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($65,385) of the contract amount.

5. Select one of the nominees from the cities in Tulare County to serve as the Transit Representative to the Tulare County Association of Governments. [Submitted by: M. Mondell] The Tulare County Association of Governments (TCAG) is required to have a member that represents transit agencies and riders on the Board.

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Agenda Memo – June 21, 2022
The TCAG Board generally meets on the third Monday of each month at 1 p.m. at various locations around the County. Voting members are expected to attend the meetings on a regular basis, and to notify their alternate, and the TCAG Executive Director, in a timely manner if they are not able to attend. For at least the next few months, participating via zoom is an option, but may not always be an option for a voting member. Meeting dates and times to vary periodically, and there can be an annual retreat, special meetings or opportunities to travel representing TCAG.

The Tulare County Council of Cities (COC) put out a call for nominations to fill an unexpired term that will end July 1, 2023. This is a three-year term, with a year left on the current term. All cities in the County were provided the opportunity to nominate an elected official for this position. The following elected official nominations were received (listed in alphabetical order as prescribed by the attached appointment process adopted as amended in 2018):
• Kellie Carrillo – City of Porterville
• Hipolito A. Cerros – City of Lindsay
• Brett Taylor – City of Visalia
Each City Council is asked to select the elected official they would like to serve as the Transit Representative on the TCAG Board. Each Council’s selection should be forwarded to the Clerk of the COC Board, Gladys Ruiz, [email protected] no later than Friday, June 24, 2022 by 5 p.m.

Per the policy, the elected official receiving the highest number of votes will be appointed as the member; the person with the second highest number of votes will have the opportunity to serve as the Transit alternate on the Board (see attached policy for provisions in case of a tie, etc.). Staff recommends Council select one of the nominees from the cities in Tulare County to serve as the Transit Representative to the Tulare County Association of Governments.

XVII. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) [Time Estimate: 10:15- 10:30 p.m.]
XVIII. ADJOURN REGULAR MEETING
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ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
June 7, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, June 7, 2022, at 6:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala (via Zoom)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Janice Avila, Diego Ibanez, Fred Ynclan, Michael Ott, Nick Bartsch, Michael Miller, Manny Correa, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:07 p.m.

There were no citizen comments.

III. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code § 54956.9(b): 1 case Name of Case: Bradley, Daniel vs. City of Tulare
Worker’s Compensation Case FR210013 and FR200640

3. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 1 case

4. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 7 cases Mayor Mederos adjourned to closed session at 6:07 p.m. for items on the agenda as stated by City Attorney Mario Zamora.
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IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 7:32 p.m.

V. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.

VI. ADJOURN CLOSED SESSION
Mayor Mederos adjourned the closed session at 7:32 p.m.

A regular meeting of the City Council of the City of Tulare was held on Tuesday, June 7, 2022, at 7:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala (arrived at 7:47 p.m.)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Mario Anaya, Janice Avila, Michael Ott, Fred Ynclan, Diego Ibanez, Michael Miller, Trisha Whitfield, Jason Glick, Nick Bartsch, Clay Roberts, Jason Bowling, Melissa Hermann, Maegan Peton
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:32 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and an invocation was given by Vice Mayor Sayre.

IX. PROCLAMATIONS & RECOGNITIONS

1. Proclamation in honor of Dairy Month, June 2022. Mayor Mederos presented a proclamation declaring June 2022 as Dairy Month in the City of Tulare.

2. Proclamation in honor of LGBTQ Pride Month, June 2022. Mayor Mederos presented a proclamation declaring June 2022 as LGBTQ Pride Month in the City of Tulare.

X. CITIZEN COMMENTS
Mayor Mederos requested those who wish to speak on matters not on the agenda within the jurisdiction of the Council, or to address or request a matter be pulled from the Consent Calendar to do so at this time. He further stated comments related to General Business matters would be heard at the time that matter is addressed on the agenda.
8458
Donnette Silva-Carter, Tulare Chamber of Commerce CEO, provided an update on Chamber events.

Don Dolan, Aiver de la Torre, and Raymond Robles addressed the Council regarding tow trucks in residential areas expressing need for allowing tow trucks to park in residential areas for rapid response times.

XI. COMMUNICATIONS
City Manager Marc Mondell stated there were no communications.

XII. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item 14.

1. Authorization to read ordinances by title only.

2. Approve minutes of the May 17, 2022, regular meeting. [Submitted by: M.

Hermann]

3. Adopt Ordinance 2022-06 amending the zoning map of the City being a part of the Section 10.04.04 of said Code Zone Amendment No. 746. [Submitted by: S. Sopp]

4. Adopt Ordinance 2022-07 amending Title 7, Health and Sanitation, of the Municipal Code to add Chapter 7.17 Mandatory Recycling and Organic Waste Disposal Reduction. [Submitted: A. Bettencourt]

5. Adopt a resolution calling the General Municipal Election, requesting and consenting to consolidation of elections, setting specifications of the election order, and requesting the Tulare County Board of Supervisors permit the County Registrar of Voters to render specified services to the City relating to the conduct of the election. [Submitted by: M. Hermann]

6. Reappoint Patrick Nunes to serve as Board Trustee for the Tulare Mosquito Abatement District to another four-year term. [Submitted by: M. Hermann]

7. Adopt a resolution of intent to receive the draft report of Tulare Downtown Association Board of Directors, and set June 21, 2022, as the public hearing date regarding annual assessments for the Parking and Business Improvement Area. [Submitted by: D. Thompson]

8. Receive a list of proposed projects to be funded through Senate Bill No. 1 (SB 1) revenues; and adopt a resolution which includes the 2022/23 Road Maintenance and Rehabilitation Account (RMRA) funds in the City’s 2022/23 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those funds. [Submitted by: N. Bartsch] 8459

9. Approve and authorize the City Manager to sign a contract amendment in the amount of $8,000 with Lane Engineers for additional surveying and construction staking services related to City Project EN0090 – SequoiaSpruce Tracts Improvements, a street and utility improvement project on Spruce St., Sierra Ave., Sequoia Ave., Dayton St., and Kern Ave; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [Submitted: N.

Bartsch]

10. Approve a list of pre-qualified consultants for On-Call Architectural and Landscape Architectural Consulting Services, and authorize the City Manager to enter into Professional Service Agreements, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with 4 Creeks of Visalia, CA; RRM Design Group of San Luis Obispo, CA; and Design Lab 252 of Fresno, CA for an initial two-year period with options for up to three (3) consecutive 1-year extensions. [Submitted by: N. Bartsch]

11. Approve the Quitclaim Deed for a storm drain detention facility easement located on property west of Retherford Street and south of the Corvina Avenue alignment to Quest Equity, LLC.; and authorize the City Manager to sign the respective Certificate of Conveyance. [Submitted by: M. Miller]

12. Adopt a resolution initiating proceedings for the formation of Assessment District 2022-01 for the Fernjo Estates subdivision and setting June 21, 2022, as the date for the public hearing to consider the formation of same. [Submitted by: M. Miller]

13. Approve four (4) Grant Deeds to the State of California for City-owned property required for the construction of a new interchange on Highway 99 at International AgriCenter Way, and authorize the City Manager or his designee to sign a Certificates of Conveyance for the same. [Submitted by:

M. Miller]

14. Approve the final map and subdivision improvement agreement for Phase 1 of the Liberty Hill Subdivision for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller] Council Member Sigala pulled this item for clarification. City Engineer Michael Miller provided a response thereto. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

15. Accept a grant of easement from Hwy 65, LLC, a California Limited Liability Company for public utility purposes associated with the International AgriCenter Way Interchange Project, and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M.

Miller]
8460

16. Adopt resolution for the summary vacation (“abandonment”) of a temporary access easement associated with Phases 3 and 4 of the Kensington Estates subdivision per Section 8330 (a) of the California Streets and Highway Code. [Submitted by: M. Miller]

17. Approve a short-term deferred improvement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Liability Company, allowing the construction of the Pacific Avenue frontage improvements for Phases 4 and 5 of the Willow Glen subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 5 of the Willow Glen subdivision, whichever occurs first. [Submitted by: M. Miller]

18. Final acceptance of public works improvements for Phase 4 of the Willow Glen subdivision, located along the south side of Pacific Avenue west of Mooney Boulevard, as complete. [Submitted by: M. Miller]

19. Approve the final map for Phase 5 of the Willow Glen subdivision for recordation, and accept all easements and dedications offered to the City on the final map. [Submitted by: M. Miller]

20. Approve the cancellation of the regular meeting of July 5, 2022.

XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) Council reported out on events attended and discussed items of interest.

XIV. PUBLIC HEARINGS

1. Consideration and possible approval of an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481. [Submitted by: M. Zamora] City Attorney Mario Zamora provided a report for Council consideration. Mayor Mederos opened the public hearing at 8:04 p.m. Receiving no public comment, the public hearing was closed at 8:05 p.m. Lieutenant Hamlin provided additional information and responded to questions from Council. It was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried to pass to print an ordinance adopting the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in AB 481.

XV. GENERAL BUSINESS

1. Review and provide direction on the proposed 2022/2023 general fund budget and set the public hearing to adopt said budget on June 21, 2022. [Submitted by: D. Thompson] City Manager Marc Mondell introduced the item.

Deputy City Manager Josh McDonnell provided a presentation to Council.

Questions by Council were responded to by staff. Following discussion, it was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to set the public hearing for June 21, 2022. 8461

2. Discussion and possible adoption of a resolution submitting a proposed cannabis tax to voters and number of retail locations. [Submitted by: M.

Zamora] City Attorney Mario Zamora provided a report for Council consideration. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to adopt the resolution as presented submitting a proposed cannabis tax to voters.

3. Approve a contract amendment with 4 Creeks in the amount of $253,247 for engineering and architectural services needed to complete the design, bidding and construction support related to the renovation of the former Courthouse building; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [Submitted by: N. Bartsch] Senior Project Manager Nick Bartsch provided a report for Council consideration. Matt Ainley of 4 Creeks provided a presentation to Council. Questions by Council were responded to by staff. Following discussion, it was moved by Council Member Isherwood, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.

4. Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. It was the consensus of Council to direct staff to move forward with program.

5. Update and discussion regarding maintenance of vacant lots. [Submitted by:

M. Ott] Fire Chief Michael Ott provided an update to Council. Questions by Council were responded to by staff. No action taken; informational only.

6. Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement. [Submitted by: T. Myers] It was the consensus of Council to continue this item to a future meeting and direct staff to notify the tow companies when the item will be brought back to Council.

XVI. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) Council Member Sigala requested and received Council consensus to direct staff to place an item on the June 21 agenda for Council discretionary spending.

Council Member Sigala requested and received Council consensus to direct staff to have a Closed Session item regarding an update on the property acquisition for the West and Prosperity intersection.

Mayor Mederos advised retired Fire Chief Wes Hensley and retired Finance Director Darlene Thompson will be honored at a future Council meeting to be coordinated by Chief Deputy City Clerk Melissa Hermann.

Mayor Mederos requested and received Council consensus to direct staff to place an item on a future agenda to discuss a policy regarding the dais seating arrangement. 8462
XVII. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 9:43 p.m.

President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
_________________________________
Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
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ORDINANCE 2022-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE

REVISING THE POLICY MANUAL FOR THE TULARE POLICE DEPARTMENT ADDING

THE MILITARY EQUIPMENT USE POLICY
WHEREAS, AB 481 was adopted regulating law enforcement agency’s use of military equipment and requires approval of continued use of military equipment and knowledge of all equipment in possession of law enforcement agency; and
WHEREAS, the Tulare City Police Department is in possession of military equipment as defined by AB 481, and will continue use of said equipment in order to protect its residents as needed; and
WHEREAS, the Tulare City Council desires to be in compliance with AB 481 and approves adding the below sections to Tulare City Police Department manual.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TULARE, AS FOLLOWS, TO WIT:

SECTION 1. After receiving a staff report, discussion and any public comment, the City Council finds:
1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4) Corrective action has been taken to remedy nonconforming uses and ensure future compliance.
5) The policy was placed on the City’s website 30 days prior to City Council consideration of this item.

SECTION 2. The policy adopted by the City Council shall be made publicly available on the City’s website for as long as the military equipment is available for use.

SECTION 3. This Ordinance shall go into full force and effect 30 days from and after its passage, adoption, and approval.

PASSED, ADOPTED, AND APPROVED this 21st day of June, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
AGENDA ITEM: Consent 3
Policy
708
Tulare Police Department
Tulare PD Policy Manual
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 2 708.2 POLICY
It is the policy of the Tulare Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Tulare Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
708.4.1

MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the department:
708.4.2 UNMANNED AIRCRAFT SYSTEMS (UAS)
Description: A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 3 Quantity: 2.

Capabilities: Sustained flight controlled by a remote pilot on the ground.

Expected Lifespan: 5 to 10 years.

Product Description: Commercially available platforms for aerial productivity combining a configurability to work as a solution for a variety of industrial applications with flight safety and data security features.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public (Policy 613.1).

Training Required: Federal Aviation Administration (FAA) Part 107 License and Department provided monthly training.

Initial Cost: $18,500.
708.4.3 FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Quantity: 68.

Capabilities: Fires a lethal projectile.

Expected Lifespan: 20+ years.

Product Description: Patrol rifle of.223 or 5.56 caliber.

Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).

Training Required: 16-hour POST approved course with qualification and annual training with requalification.

Initial Cost: $68,000. Annual Cost: N/A.

Ammunition Inventory:
(10,000) Federal 62gr ball.223 (this is for training)
Cost: $4,000
(4,000) Speer Gold Dot 62gr.223 (duty)
Cost: $2,100
708.4.4 40MM PROJECTILE LAUNCHER
Description: Less lethal weapon which uses a propellant cartridge to launch a kinetic energy impact projectile.

Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 4 Quantity: 5
Capabilities: Fires a less lethal kinetic energy projectile.

Expected Lifespan: 20+ years.

Product Description:
(4) Armor Holdings 40mm SingleShot Launcher
(1) Penn Arms 40mm 6 shot launder.

Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).

Training Required: Training and qualification once per year.

Initial Cost: $5,000 (estimated as these were purchased several years ago) Annual Cost: N/A.

Projectile Inventory:
(65) 40mm Sponge/Foam Impact Rounds #6325 and #6326
(38) 40mm Liquid CS Penetrator Round #1262
(22) 40mm OC Penetrator Round #1260
(12) 40mm "Spede-Heat" Long Range CS #6182 (up to 150 yards) (6) 40mm Muzzle Blast OC #6040
(10) 40mm Muzzle Blast CS #6042
(10) 40mm Skat Shell CS
(8) 40mm Skat Shell OC #6170
Cost: $3,218
708.4.5 MILITARY EQUIPMENT INVENTORY - SWAT
The following constitutes an inventory of previously purchased equipment deemed to be military as defined by this policy. The equipment in this section is primarily used by members of the Special Weapons and Tactics (SWAT) Team.

FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire one or more projectile(s) through a rifled bore for each pull of the trigger.

Inventory:
(12) M400 Sig Sauer 5.56/.223 caliber rifles
(4) Ruger Precision Rifle.308 caliber
Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 5 (1,800) Hornady TAP.308 (Precision Rifle)
Cost: $1,800
Capabilities: Fires a lethal projectile.

Expected Lifespan: 20+ years.

Product Description: Patrol rifle of.223, 5.56, and.308 caliber.

Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).

Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year. For Ruger Precision Rifles (.308) initial week long training then biannual qualification.

Initial Cost: $26,800.

Annual Cost: N/A.
708.4.6 ARMORED RESCUE VEHICLE
Description: An armored rescue vehicle deployed during high-risk incidents, special events, and community outreach.

Quantity: One.

Capabilities: Mobile armored vehicle to support high-risk deployments.

Expected Lifespan: 15 years.

Product Description: Mine Resistant Ambush Proof (MRAP) Vehicle, steel armor construction.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while transporting first responder personnel and/or community members to/from high-risk situations.

Provide a mobile platform for safe personnel deployments.

Training Required: Class B driver's license.

Initial Cost: $35,000.

Annual Cost: $6,000.
708.4.7 CHEMICAL AGENTS
Description: Less lethal device utilized to deploy and discharge that are released when deployed.

Capabilities: Designed to deliver chemical agents during high-risk situations.

Expected Lifespan: 5 years.

Product Description: Individual, single use canisters of CS, CN or OC gas.

Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308).

Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 6 Training Required: Training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year.

Inventory:
(5) Triple-Chaser Separating Canister, CS, #1026
(15) Riot Control Continuous Discharge Device, CS, #1082 (20) Flameless Tri-Chamber CS Device, #1032
(20) Triple Chaser CS, #1026
(1) Riot Control Continuous Discharge Device, CN, #1081 (26) OC Triple-Chaser Separating Canister, #1020
(14) Han-Ball Device CS, #1092
(10) Maximum Smoke HC, #1083
Initial Cost: $3,972.

Annual Cost: Recurring purchase as needed.
708.4.8 PEPPERBALL LAUNCHER
Description: Less lethal launcher which uses a high pressure air system to launch kinetic energy impact munition
Quantity: 4 PepperBall FTC.68 caliber semi-auto multi-launcher Capabilities: Fires a less lethal kinetic energy projectile.

Expected Lifespan: 20+ years.

Product Description:
• PepperBall FTC.68 caliber, semi-auto multi-launcher
Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).

Training Required: Training and recertification once per year.

Initial Cost: $2,000
Annual Cost: N/A
PepperBall Projectiles Inventory:
(90) PepperBall "Live Projectile"
(90) PepperBall "Live-X Projectile" More concentrated round Initial Cost: $450
Lifespan: 3 years
Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 7 708.4.9 NOISE FLASH DIVERSIONARY DEVICE (NFDD)
Description: Device that produces a loud sound with a bright light that is intended to cause confusion and distraction.

Quantity: 16.

Capabilities: Distraction device used to minimize the risks to all parties by the temporary distraction or disorientation of potentially violent or dangerous suspects.

Expected Lifespan: 5 years.

Product Description: Separating fuse affixed to a non-bursting steel canister.

Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects.

Training Required: Training and recertification twice per year.

Initial Cost: $480.

Annual Cost: Recurring purchase as needed.
708.4.10 ROBOTIC SCOUT/ROBOT
Description: ICOR Technology Mini-Caliber drivable remote controlled platform that is equipped with a camera allowing the operator to obtain instantaneous video within indoor and outdoor environments.

Quantity: One.

Capabilities: Remote operated, drivable platform capable of transmitting live video from a forward facing camera.

Expected Lifespan: 10 Years.

Product Description: A medium sized remote operated platform equipped with a camera capable of being driven several hundred feet from operator while transmitting video back to the operator.

Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public.

Training Required: None.

Initial Cost: $60,000 (purchased through a grant)
Annual Cost: N/A.
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The Tulare Police Department
Tulare PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Tulare Police Department ***DRAFT*** Military Equipment - 8 military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Police
For Council Meeting of: June 21, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Surplus Police K-9 “Thor” and authorize the sale of same to his former handler Officer Bill Robertson for the purchase price of $1.00.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

Police K-9 “Thor” was deployed in 2015 and has served the department and community well.

Unfortunately, Thor has reached an age where his health and his wellbeing is preventing him from continuing as an active police K-9. Because Thor is specially trained, it is necessary to retire him to his handler who has the necessary experience to handle a police K-9. A common practice used throughout the law enforcement community is to surplus the K-9 to its former handler for the amount of $1.00. This surplus purchase includes a release of liability that fully releases the City of Tulare from any further obligation regarding the K-9 and transfers ownership and control of K9 “Thor” to his former handler Officer Bill Robertson.

The Police Department has secured funding through the “Paws for the Cause” nonprofit for the purchase of a new K-9.

STAFF RECOMMENDATION:

Surplus Police K-9 “Thor” and authorize the sale of same to his former handler Officer Bill Robertson for the purchase price of $1.00.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Matt Machado Title: Police Captain
Date: June 8, 2022 City Manager Approval: ____________
AGENDA ITEM: Consent 4
City of Tulare
“Retired” Police Dog
Release and Waiver of Liability and Indemnity Agreement This Release, Waiver of Liability and Indemnification Agreement (“Agreement”) is made and entered into as the date indicated below by and between the City of Tulare, a municipal corporation (“City”) and Bill Robertson (“Police Officer”) as follows:

The City of Tulare hereby transfers ownership of Thor (“Retired Police Dog”), a trained police dog, to Police Officer, and will not require the Retired Police Dog’s future services as part of the Tulare Police Department’s K-9 Unit. In consideration, Police Officer agrees to assume full responsibility, ownership and control of the Retired Police Dog (including its food, shelter, veterinary needs, and any other expenses related to the Retired Police Dog’s care and upkeep), and promises, agrees, and covenants to the following waivers, release, and agreements to indemnify City, its officials, officers, employees and agents (collectively the “Indemnified Parties”).

1. Waiver and Release. Police Officer hereby waives all actions (whether legal, equitable or declaratory in nature), proceedings (whether in courts or administrative bodies), alternative dispute resolution procedures (whether arbitration, mediation or otherwise), demands, claims, and causes of action, and other means of recovery, of whatever nature, for injuries to person (including without limitation death, dismemberment and emotional distress), or damages (whether to person, property or business and including without limitation all forms of monetary recovery, whether for general, special, compensatory, or punitive damages, loss of earnings, loss of earning capacity, loss of profits or other damages of whatever nature), arising from the actions of or in any way related to the Retired Police Dog from the date of this Agreement. Police Officer expressly acknowledges that he or she is familiar with Section 1542 of the California Civil Code which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Police Officer expressly waives and relinquishes any right and benefit which he or she may have under Section 1542 of the California Civil Code, or any State or Federal statute or common law principle to similar effect, to the full extent that such rights and benefits may be lawfully waived pertaining to the subject matter of the waiver and release set forth in this paragraph. Police Officer understands and acknowledges the significance and consequences of this specific waiver of Section 1542 of the California Civil Code.

2. Indemnity and Hold Harmless. Police Officer shall indemnify, defend (with legal counsel selected by the City and paid for by Police Officer) and hold the Indemnified Parties, and each of them, harmless from and against any actions (whether legal, equitable, or declaratory in nature), proceedings (whether in courts or administrative bodies), alternative dispute resolution procedures (whether arbitration, mediation, or otherwise), demands, claims and causes of action of whatever nature, costs, and expenses (including attorney fees), judgments, orders, decrees, liens, and other encumbrances, liabilities, injuries to person (including without limitation, death, dismemberment, and emotional distress), damages (whether to person, property, or business, including without limitation, all forms of monetary recover, whether for general, special, compensatory, or punitive damages, loss or earnings, loss of earning capacity, loss of profits or other damages of whatever nature), arising from the actions of or in any way related to the Retired Police Dog from the date of this Agreement.

3. Notice of Claims. Police Officer shall provide written notice to City within ten (10) calendar days of the service on, or delivery to, Police Officer of any claim, demand, suit, action or other proceeding arising out of or in any way related to the subject matter covered under this Agreement.

4. Interpretation and Severability. Police Officer further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall; notwithstanding, continue in full force and effect. This Agreement shall not apply to any actions, proceedings, demands, claims and causes of action arising from the actions of the Retired Police Dog occurring before the date of the Agreement.

Police Officer represents that he or she has had an opportunity to read this Agreement and seek the advice of independent legal counsel and is entering into this Agreement voluntarily, with the understanding that any and all liability related to the Retired Police Dog shall be deemed to rest with the Police Officer as of the date of signature below.

Name of Police Officer (Print):

Address:

Signature: Date:

City of Tulare
Asset Disposal/Retirement Form
I am requesting approval to dispose of or retire the following assets in the manner listed below:

Submitted by: Date:

Title: Department:

Phone Number:

Description of Property:

Method of Disposal/Retirement:

Signed:

Department Head Date
Reviewed and Approved:

Chief Financial Officer Date
Reviewed and Approved:

City Manager Date

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 21, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None AGENDA ITEM:

Adopt a resolution of intention to set a public hearing on July 19, 2022, to adopt landscape maintenance assessments for fiscal year 2022-23.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The city is required to adopt a resolution of intention to set a public hearing date to establish landscape maintenance assessments for fiscal year 2022-23. The attached resolution of intention serves as the public notice and is published in the local newspaper.

STAFF RECOMMENDATION:

Adopt a resolution of intention to set a public hearing on July 19, 2022, to adopt landscape maintenance assessments for fiscal year 2022-23.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: June 13, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 5
RESOLUTION 2022-XX

A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF TULARE

REGARDING LANDSCAPE MAINTENANCE DISTRICTS
BE IT RESOLVED by the Council of the City of Tulare, as follows, to wit:

Section 1. The City Council intends to levy and collect assessments within the landscape maintenance districts for fiscal year 2022-23. The area of land to be assessed is located within the City of Tulare, Tulare County.

Section 2. The improvements to be made in these assessment districts are generally described as follows:
89-01 North Oaks Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $110.00.
89-02 The Grove Subdivision – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $291.00 for 32 lots, 1 lot at $437.00 and 3 lots at $582.00. 90-01 Southgate Villa No. 11 – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $190.00 for 18 single family lots and $570.00 for 3 multi-family lots. 91-01 Westwood Village Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $94.00.
93-01 Sunrise Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas within the District, and 50% of maintenance costs of Sunrise Park. Proposed assessment is $96.00. 2000-01 Del Lago Subdivisions – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $336.00 for 1,261 lots and 3 lots at $672.00. 2001-01 Autumn Glen Subdivision – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $50.00.
2003-01 Shadow Wood and Majestic Subdivisions – maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas. Proposed assessment is $60.00.

RESOLUTION 2022-XX Page 2
2003-02 Kaweah Estates – maintenance of landscaping, irrigation systems, block wall and sidewalk along the public trail adjacent to the T.I.D. canal, north of Levin Avenue. Assessment is $42.00.
2005-01 Academy Estates – maintenance of landscaping, irrigation systems, block wall, and sidewalks for landscaping lot areas, trail improvements adjacent to the T.I.D. canal, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $128.00. 2005-02 Palm Ranch, Woodbridge, and Cambridge Subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $171.00.
2005-03 Admiral Estates, Gail Estates, and Heritage North Subdivisions – maintenance of landscaping, irrigation systems, block walls, and sidewalks of landscaping lot areas and the storm drainage basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $207.00.
2005-04 Valley Estates, Montecito, and Sherwood North Subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment $114.00. 2005-05 Rancho Ventura - maintenance of landscaping, irrigation systems, block wall and sidewalk for landscaping lot areas, and supplemental preventative maintenance of local streets within the District boundaries. This subdivision is not built at this time. Assessment is $0.00; no assessment is proposed to be collected this coming fiscal year.
2005-06 The Greens and KCOK Ranch Subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas and the storm drainage basins serving the District, and supplemental preventative maintenance of local streets within the District boundaries.

Proposed assessment is $177.00 for 213 lots and 1 lot at $354.00. 2005-07 Westgate Estates – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas and the storm drainage basin serving the District, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $145.00. 2005-08 California Ranchos and Cottonwood Estates – maintenance of landscaping, irrigation systems, block walls and sidewalks for landscaping lot areas and the storm drainage basins serving the District, maintenance of trail improvements along the T.I.D. canal, and supplemental preventative RESOLUTION 2022-XX Page 3
maintenance of local streets within the District boundaries. Proposed assessment is $166.00 for 158 lots and 1 lot at $332.00.
2007-01 Goble Court Subdivision – maintenance of landscaping, irrigation systems, block wall, street trees and sidewalk for landscaping lot areas, and supplemental preventative maintenance of local streets within the District boundaries. Proposed assessment is $113.00.
2010-01 Sycamore – maintenance of sycamore trees and repair of curb, gutter and sidewalks along Sycamore Avenue and along the east side of Cherry Avenue from Tulare Avenue to San Joaquin Avenue. Assessments are subject to yearly increases of up to 2.5%. Proposed assessment is $185.00. 2016-01 Sierra Vista No. 2 – maintenance of trail improvements along the T.I.D. canal. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $174.00 for 50 lots, and 1 lot at $348.00.
2018-01 Willow Glen and Kensington Estates subdivisions – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance costs for the storm drain basins serving the district, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $336.00.
2018-02 The Greens At Oak Creek subdivision and Phases 2 thru 4 of the Oak Creek development – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance costs for the storm drain basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $185.00 for 88 lots, $234.00 for 15 lots, $278.00 for 12 lots, and $2,775.00 for 1 lot.
2020-01 The Farrar Estates subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance costs for the storm drain basin serving the district, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $273.00. 2021-01 The Oakcrest subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance costs associated with the storm drain basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries.

RESOLUTION 2022-XX Page 4
Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). Proposed assessment is $190.00.
2021-02 The Liberty Hill subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance and regulatory costs associated with the storm drain basin serving the district, neighborhood park maintenance, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). No improvements have been completed to date. Therefore, no assessment is proposed for fiscal year 2022-23.
2022-01 The Fernjo Estates subdivision – maintenance of landscaping, irrigation systems, block walls and sidewalks of landscaping lot areas, maintenance and regulatory costs associated with the storm drain basin serving the district, and supplemental preventative maintenance of local streets within the District boundaries. Assessments are subject to yearly increases in accordance with the Consumer Price Index (CPI). No improvements have been completed to date.

Therefore, no assessment is proposed for fiscal year 2022-23.

Council hereby directs Michael W. Miller, City Engineer, to file the annual report with the City Clerk as required by the Landscaping and Lighting Act of 1972.

Section 3. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

Section 4. On July 19, 2022, at the hour of 7:00 p.m., or shortly thereafter the City Council will conduct a public hearing to receive testimony regarding assessments for 2022-23 fiscal year. The hearing will be held at the meeting place of the City Council in the Council Chambers located at the Tulare Public Library at 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 this 21st day of June, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-XX Page 5
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 2022-XX passed and adopted by the Council of said city at a regular meeting held on June 21, 2022, by the following vote:

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk
By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: June 21, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize the City Manager to execute an oversized construction reimbursement agreement with Quest Equity, LLC for regional storm drainage improvements and property dedication costs that were conditionally required by the City for various private development projects in the Oak Creek development that are eligible for reimbursement in accordance with Chapter

8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

As part of development of The Greens At Oak Creek subdivision, the Oak Creek Nos. 2 thru 4 multi-family projects, and the future development of commercial property at the corner of Seminole Avenue and Mooney Boulevard (State Route 63), Quest Equity, LLC has completed construction of required storm drainage improvements within the Oak Creek development area east of Mooney Boulevard and south of Seminole Avenue. A portion of these improvements have been determined by the City Engineer to be of supplemental size and capacity or are components of the City’s Development Impact Fee Program, including the following components:
• Construction of a City standard storm drain retention basin serving the various developments located within the Oak Creek development area, • Construction of an access road for the storm drain retention basin, including a driveway approach on Seminole Avenue,
• Fencing and Mooney Boulevard frontage improvements for the storm drain retention basin, and
• Property dedications for storm drain retention basin, basin access road, and Mooney Boulevard right-of-way across basin frontage.

Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code. The attached oversize construction reimbursement agreement identifies the improvements and associated costs eligible for oversize construction reimbursement from the City.

STAFF RECOMMENDATION:

8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The oversize construction reimbursement agreement has been reviewed and approved as to form by the City Attorney.

IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

DIF Storm Drain Facilities – Principal / TBD
DIF Storm Drain Facilities – Interest / TBD
Submitted by: Michael Miller Title: City Engineer
Date: June 13, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: June 21, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $416,570 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0098, a street and utility improvement project northeast of Tulare Avenue and Dayton Street; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($41,657) of the contract award amount.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

This project is a street and utility improvement project on: Academy Avenue between Dayton Street and Laspina Street; Stanley Drive between Lane Street and Academy Avenue; La Mesa Avenue between Dayton Street and Spruce Street; Burton Avenue, east of Lane Street; Miracle Court; Dayton Street between Tulare Avenue and La Mesa Avenue; Lane Street between Tulare Avenue and Burton Avenue; and Canby Street between Tulare Avenue and the Santa Fe Trail. The project will reconstruct the street section and will include ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fall within the project limits. Additionally, it will address necessary water, sewer and storm drain infrastructure improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project is included as a part of the City’s 2021-2026 transportation and utility CIP program budget.

The proposed cost is in line with industry standards and falls within the amount budget for this work on this project.

AGENDA ITEM: Consent 7
Due to the inclusion of funding from various utility funds on this project, this was also submitted to the Board of Public Utilities for review and approval at its regular meeting on June 16, 2022.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

EN0098-040-0200
122 – Gas Tax (RMRA – SB1)
610 – Water CIP (Bonds)
615 – Sewer Wastewater CIP
647 – Surface Water Management CIP
Submitted by: Nick Bartsch Title: Senior Project Manager Date: June 8, 2022 City Manager Approval: ____________
G/L #:
2021/22 2022/23 2023/24 2024/25 2025/26
Costs Description
001 -Conceptual $0 $0 $0 $0 $0 $ - $ -
002 - Preliminary Design $0 $0 $0 $0 $0 $ - $ -
003 - Environmental $0 $2,500 $0 $0 $0 $2,500 $ -
004 - Final Design $0 $519,411 $0 $0 $0 $519,411 $ -
005 - Construct/Impliment $0 $0 $6,285,556 $0 $0 $6,285,556 $ - 006 - Close Out $0 $0 $0 $0 $0 $0 $ -
Total Costs: $0 $521,911 $6,285,556 $0 $0 $6,807,467 $ - Funding Sources
122 - Gas Tax (RMRA) $0 $91,420 $1,101,004 $0 $0 $1,192,424 $ - 610 - Water CIP (Bonds) $0 $217,761 $2,622,577 $0 $0 $2,840,338 $ - 615 - Sewer/Wastewater CIP $0 $181,631 $2,187,443 $0 $0 $2,369,074 $ - 647 - Surface Water CIP $0 $31,099 $374,532 $0 $0 $405,631 0 $0 $0 $0 $0 $0 $0 $ -
Total Funding: $0 $521,911 $6,285,556 $0 $0 $6,807,467 $ - FUTURE M & O:
(Additional Cost & Department Responsibility) No additional Cost CRITERIA (1-8): Criteria 7: Project addresses regulatory, safety, or environmental requirements that could threaten in whole or in part the City's ability to operate a core program or function at some future time if not replaced or repaired.

Fiscal Year
Total Unfunded
PROJECT STATUS:

Approved by TMT on 3/25/2021
PROJECTED START DATE: 7/1/2022
PROJECTED END DATE: 6/30/2024
PROJECT MANAGER: Nick Bartsch
PROJECT DESCRIPTION & PURPOSE: Pavement Management System / Utilty project on Academy Ave. between Dayton St. and Laspina St; Stanley Dr. between Lane St. and Academy Ave.; La Mesa Ave. between Dayton St. and Spruce St.; Burton Ave. east of Lane St.; Miracle Ct.; Dayton St. between Tulare Ave. and La Mesa Ave.; Lane St. between Tulare Ave. and Burton Ave.; and Canby St. between Tulare Ave. and the Santa Fe Trail.

Includes ADA Concrete work, Water, Sewer and Surface Water facilities.

KEY POINTS:

Critical Utility Infrastructure Improvements; Traffic safety; Relief from potential liability concerns; Compliance to the American Disabilities Act
District(s): 4

TRANSPORTATION PROJECT
PROJECT #EN0098 (EN2021-1A)
Various Streets Northeast of Dayton and Tulare
(Capital)
(Capital)
1 000ft
N➤
©2021Google
©2021Gl
©2021Google
862 Pollasky Avenue ♦ Clovis, California 93612 ♦ (559) 299-1544 ♦ www.peters-engineering.com Mr. Michael Miller June 3, 2022
City of Tulare
411 East Kern Avenue
Tulare, California 93274
Subject: EN2021-01A NE of Dayton and Tulare Improvements, Tulare, California
Dear Mr. Miller:

Please find enclosed our proposed scope of services and fee for the subject project. Our understanding of the City’s requirements for this scope of work is based on our preliminary work on this project and City staff direction.

Thank you for the opportunity to provide you with this proposal. Please feel free to call me if you have any questions.

PETERS ENGINEERING GROUP

David Peters, PE, TE
Principal Engineer
Attachment: Exhibit “A” - Scope of Services
Exhibit “B” – Project Exhibit
Exhibit “C” – Fee Proposal
Exhibit “A”

SCOPE OF SERVICES
Civil Engineering Services for
EN2021-01A NE of Dayton and Tulare Improvements
Tulare, California

INTRODUCTION
Peters Engineering Group (Consultant) will provide the City of Tulare (Client) with engineering services for the subject project as described herein. Consultant’s services will result in the preparation of plans, specifications, and estimate for the proposed improvements to the area NE of Dayton and Tulare as shown in Exhibit “B” and consisting of the following streets:
 Academy Avenue from Dayton Street to Laspina Street (Approximately 1,700 feet)  La Mesa Drive from Dayton Street to Spruce Street (Approximately 450 feet)  Burton Avenue east of Lane Street (Approximately 275 feet)  Dayton Street between Tulare Avenue (CA-137) and La Mesa Drive (Approximately 1200 feet)
 Tulare Avenue Frontage Road between Dayton Street and Tulare Avenue (CA-137) (Approximately 400 feet)
 Spruce Street between Academy Avenue and La Mesa Drive (Approximately 475 feet)
 Miracle Circle west of Spruce Street (Approximately 160 feet)  Lane Street from Tulare Avenue (CA-137) to Boyd Court (Approximately (1,220 feet)
 Boyd Court east of Lane Street (Approximately 200 feet)  Stanley Drive between Lane Street and Academy Avenue (Approximately 550 feet)  Canby Street from Tulare Avenue (CA-137) to Tulare-Santa Fe Trail (Approximately 1425 feet)
All of the above listed streets will receive the infrastructure outlined below:
 Removal of existing and installation of SDR-26 sanitary sewer main ranging from 8” to 10” with alignment along the centerline of the street with offset manholes using an eccentric cone. Proposed manholes will be constructed at intersections and/or every 400 feet maximum. Connecting to existing Sewer services behind existing curb.

Connections will be made to the existing sewer main at Laspina Street and Tulare Avenue. No new sewer is anticipated on Lane Street north of Burton Avenue.  Removal of existing water main and installation of new 8” water main. Connect to existing water services behind existing curb and or replumbing services were necessary. Placement of new valves and fire hydrants shall be in coordination with City Staff. No new water is anticipated on Lane Street north of Burton Avenue.  Reconstruct street, with design based on geotechnical reports and coordination with City Staff. Options for reconstructed pavement section would be HMA over Class II Base or HMA over FDR w/cement. For Lane Street north of Burton and for Boyd Court, a slurry seal is anticipated.
 Remove and replace and or install new curb and gutter, residential drive approaches, Sidewalk and Cross Gutters where necessary as determined by City Staff, in collaboration with information from topographic survey. Improvements will be shown in plan and profile view as needed.
 Construct new ADA compliant ramps at intersection corners. There are approximately 30 locations that will need new ADA compliant ramps.  Coordination with Caltrans will be necessary to obtain encroachment permit for improvements within SR 137 Right of Way, including preparation of a separate plan set for the encroachment permit and preparation of a Storm Water Pollution Prevention Plan.

In addition to the general items listed above, the following storm drain improvements will be designed in accordance with the City of Tulare Storm Drain Master Plan and City policy for replacement of storm drain laterals and inlets:
 Removal of existing storm drain manholes, inlets and pipeline along Academy Avenue between Lane Street and Laspina Street.
 Installation of 24” RGRCP, manholes, and inlets in Academy Avenue from Lane Street to Laspina Street. A connection to the existing storm drain infrastructure will be made at Laspina Street.
 Installation of inlets in Dayton Street tying into the existing storm drain main.

WORK TASKS
The Consultant will provide the following work tasks:

Task 100 - Preliminary Engineering
101 Project Coordination and Kickoff Meeting
Consultant will attend a kickoff meeting with Client to discuss expectations and objectives for the project. A field review will follow to review the project. 102 Field Surveys and Mapping
Consultant will perform a topographic and boundary survey of the existing features and right-of-way. The topographic survey will extend throughout the limits of the project and will be used to develop digital mapping for design of the proposed improvements. The boundary survey will verify existing right of way and assist the design of new improvements as outlined below:
 Use RTK GPS to establish horizontal control points – assumed horizontal system.  Run and adjust a level loop through survey control points – from City of Tulare benchmark(s).
 Gather topographic data using total station systems to ensure good vertical data at intersection returns.
 Cross-Sections streets at 100+ foot intervals (FL, CL, FL) with RTK GPS (+/- 0.1’).  Locate FL at centerline of driveways with RTK GPS (+/- 0.1’).  Locate obvious uplifts of curb (not details, just location shot).  Locate and identify visible utilities in the street along with water meters behind the curb.
 Measure flow-line elevation and pipe size on SSMH and SDMH.  Locate and tie in sufficient monumentation to calculate right-of-way lines of streets, but not individual lot boundaries.
 Locate and tie out monuments within the street with potential to be disturbed by this project.
 City to provide or verify right-of-way data.
 Provide electronic file of the survey in an AutoCAD compatible version.  Prepare & file Corner Records for centerline monuments (estimated to be 10).

It is anticipated that the City’s surveyor for construction will tie out existing monuments and create corner records as necessary.
103 Research Existing Underground and Overhead Utilities The location of existing underground and overhead utilities will be identified through available City and utility company record drawings and through the topographic survey.

Utility companies will be contacted and a request for utility records will be made. Known existing underground utilities will be incorporated in digital topographic mapping and shown in both plan and profile on the construction documents. The City and any other agency affected by the project will be notified through the Preliminary Design Memorandum whether relocation or other mitigations are required. Preliminary plans will be distributed to affected agencies for assistance in utility coordination and possible relocation. While correspondence will be prepared by consultant, letters and other communications may need to be sent by City Staff to acquire the information for use by the Consultant. 104 Geotechnical Analysis
Geotechnical Consultant will drill nine (9) exploratory borings to evaluate the subsurface soil conditions along the alignment of the residential streets within the project area. The exploratory borings will be located near one side of the applicable streets and will be advanced to depths of 10 feet below the existing ground surface. Prior to drilling, the locations of the planned test borings will be marked and Underground Service Alert (USA) will be contacted to locate and mark onsite utility lines in the vicinity of the planned test borings. An encroachment permit will be submitted for review and approval by the Client.

This encroachment permit will be a no fee permit. Since the work will be done in a residential area with minor, low-speed traffic it is assumed that only limited traffic control (advance warning signs and some traffic cones) will be required, which can be set up by the Consultant. During drilling operations, penetration tests will be performed at regular intervals to evaluate the soil consistency and to obtain information regarding the engineering properties of the subsoils. At each boring location the pavement section will be measured and soil samples will be obtained for laboratory testing and reference purposes. At some locations, two additional shallow (up to 3 feet deep) borings will be performed in order to obtain additional subgrade and aggregate base samples that will be required for the full depth reclamation with cement (FDR-C) analysis which will be performed for this project. The soils encountered will be continuously examined and visually classified in accordance with the Unified Soil Classification System. The boreholes will be backfilled with soil and aggregate base, and then capped with asphalt cold patch to match the thickness of the existing asphalt. All fieldwork will be done under the supervision of a Geotechnical Engineer.

Laboratory testing will be dependent on the results of the field-testing and sampling program, as well as consideration of the design and construction involved with this project. At this time, sand equivalency, dry density determinations, moisture contents, sieve analysis tests, direct shear tests, sand equivalent tests, R-value tests, and tests to evaluate the corrosion potential will be performed to evaluate relevant geotechnical properties of the soils within the project area. In addition, three representative samples will be treated with cement and then tested to evaluate the maximum dry density, optimum moisture content, and compressive strength as part of the FDR-C analysis for this project. The results of the field exploration, laboratory testing, and engineering analysis will be presented in a formal report. 105 Preliminary Sewer, Water, Storm Drain and Ramp Designs Consultant will prepare initial utility layout and improvement designs for water, sewer and storm drainage facilities within the project area. The improvements will be based on ultimate facilities described in each utility’s Master Plan or as stated above. The drawings will be prepared in plan and profile for review. Facilities requested to be included in the design which are not shown in the Master Plan documents or identified above will be included as Additional Services.

Consultant will prepare initial geometric plans for the proposed street improvements.

Roadway impacts and constraints will be identified. The plans will identify the location of proposed ADA ramps, existing driveway locations, proposed sidewalk and potential curb and gutter removal and replacement or new construction locations. The curb and gutter replacement/installation locations will be identified in an onsite meeting with the Client after an analysis of the existing topographic survey has been completed. This analysis will consist of a review of the existing slope of the curb and gutter, driveway and existing tree locations, and existing and proposed drainage facilities.
106 Design Criteria Confirmation
Consultant will prepare a preliminary design criteria which will confirm City expectations for design of the improvements, including pipe slope, minimum pipe cover, minimum separation of utilities, pipe sizing and type, pavement design, and construction scheduling.

This criteria will be presented and discussed at both the project kick-off meeting and the preliminary design/30% meeting with City Staff. Discussion and decisions will be made regarding various design components including utility relocation, design constraints/issues, and a recommendation which will be based on a life cycle cost analysis depicting the most cost effective strategy. This information will be continuously updated throughout the entirety of the design phase of the project.
107 30% Plans Submittal & Estimate
Consultant will prepare thirty percent (30%) plans including preliminary roadway city utility, signal and lighting, and landscaping designs. Plans will be developed in AutoCAD 2021, or a version acceptable to the City. A digital copy and three (3) hard copies of the 30% plans and a preliminary cost estimate will be submitted for City review. Copies of the 30% plans will be distributed to affected utility companies for use in their design of relocations.

Task 200 - Construction Documents
201 Agency Coordination
Consultant will coordinate final design of the project with Caltrans and other stakeholders affected by the project. Permit requirements will be determined and prepared as necessary and delivered to the City of Tulare for submittal to various agencies. 202 Preliminary PS&E (95%)
Thirty percent (30%) PS&E review comments received from the City will be addressed and incorporated into the 95% PS&E. The 95% PS&E will be submitted in pdf format for City review. Peters Engineering Group will meet with City personnel to discuss any final revisions.
203 Final PS&E (100%)
Ninety five percent (95%) PS&E review comments received from the City will be addressed and incorporated into the one hundred (100%) PS&E. The 100% PS&E will be submitted in pdf format for City review. Peters Engineering Group will meet with City personnel to discuss any final revisions
204 Construction Documents
One hundred percent (100%) PS&E review comments received from the City will be addressed and incorporated into the final construction documents.

Specifications will be prepared in Microsoft Word 2013 or newer.

One (1) set of bond plans, original specifications, and estimates will be submitted to the City.

Construction documents will be stamped and signed by a registered civil engineer.

Electronic files of all construction documents will be available as requested by the City. 205 Bidding Coordination and Support
Consultant will review and respond to requests for information (RFI’s) during the bidding portion of the project and will be responsible for soliciting and receiving bids for the project.

This will include preparation of advertisement and printing and distribution of plans, specifications, and addendums during the bid process. Specifications will be prepared in an electronic word processing program compatible with City software. 301 Construction Support
Consultant will review submittals during construction. Consultant will review and respond to requests for information (RFI’s) during the construction portion of the project. It is anticipated that, due to the nature of the project, coordination will be extensive due to the number of existing facilities that will be modified or connected to. Five site visits during construction are included in this scope. If an addendum or addition review is required due to a change in the scope of work, or more than five visits will be required, then it will be regarded as additional services. This phase will be billed at time and materials, not to exceed the budget in Exhibit C.

CLIENT’S DUTIES AND RESPONSIBILITIES
The Client shall:
a) Provide all criteria and full information concerning Client’s requirements for the project. b) Provide Consultant with plans indicating the locations, types, and sizes of existing improvements. City of Tulare has already provided the approved master plans for City water, sewer, and storm drain. City Staff will call for USA of the project prior to topographic survey. Potholing for existing elevations of gas lines for conflicts will be provided by City Staff. Verification of sewer service locations and condition of existing manholes will be provided by City Staff.
c) Provide an arborist, as necessary.
d) Give prompt notice to Consultant whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of Consultant’s services. e) At Client’s discretion, authorize and direct Consultant to provide necessary Additional Services.
f) Acquire any necessary Right-of-Way.
g) Pay for any outside agency permits.
h) Provide environmental clearance.
i) Provide for Construction Surveying Services, including ties to existing survey monuments and corner records.

ADDITIONAL SERVICES
The Client may, at its sole discretion, request that Consultant perform Additional Services.

Both parties, prior to proceeding with these services, shall execute a written amendment to this Agreement.

Additional services will be required if Consultant is to perform services not specifically described herein. Additional services will be required if any additional project alternatives will be requested, including assistance with acquisition of right of way. Additional Services will be required if Consultant is required to attend additional meetings not already identified in this scope of work, including but not limited to project design team, public hearings, planning commission meetings, and city council meetings. Additional Services will be required if Eminent Domain proceedings should be required to acquire parcels. Additional Services will be required if Consultant is required to attend weekly meetings during the construction phase.

RIGHT TO RELY
Consistent with the professional standard of care, Consultant shall be entitled to rely upon the accuracy of data and information provided by the Client or others without independent review or evaluation unless specifically required in the Scope of Services.

COMPENSATION
Consultant’s fee for the services described herein shall be in accordance with Exhibit “C” and billed to the Client on a lump sum per task basis monthly on a percent complete basis.

SCHEDULE
The anticipated start for the project is July 1st, 2022. During the months of July and August, design survey and geotechnical reports will be prepared. A design kick-off meeting will be scheduled during the middle of August. Submittal of the 30% design plans and estimate will be the first week of October, with the review meeting scheduled for the third week of October. 90% design plans, estimates and specifications will be submitted after the Thanksgiving break, with a review meeting scheduled for the third week in December. The 100% plans will be submitted the third week in January, with the final Construction Documents ready for bid the first week in February 2023. 1000 ft
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EXHIBIT B
Person-Hours
Principal
Engineer
Senior Civil
Engineer
Staff
Engineer Clerical
@ $195 /hr @ $180 /hr @ $130 /hr @ $75 /hr
100
101 Initial Project Coordination and Kickoff Meeting 2 20 4 4 $250 $5,060 102 Topographic Survey 12 40 $49,450 $100 $56,910
103 Utility Research & Coordination 10 32 4 $100 $6,360 104 Geotechnical Engineer Report and
Analysis 8 8 4 $10,200 $50 $13,030
105 Preliminary Sewer, Water, Storm
Drain and Ramp Design 2 48 260 $100 $42,930
106 Design Criteria Confirmation 2 12 20 $100 $5,250
107 30% Plans and Estimate & Review
Meeting 4 60 300 4 $400 $51,280
Total Task 100 Hours 8 170 664 16 $49,450 $10,200 Total = $180,820 200
201 Agency Coordination 32 60 24 $250 $15,610
202.1 Prepare 95% Cross Sections 1 12 60 $50
202.2 Prepare 95% Street and Storm
Drain Plan and Profiles 1 40 120 $50
202.3 Prepare 95% Sewer and Water Plan
and Profiles 1 40 180 $50
202.4 Prepare 95% Construction Details 1 24 120 $50
202.5 Prepare 95% Traffic Control and
Construction Staging Plans 2 16 40 $50
202.6 Prepare 95% Specifications 4 40 16 8 $50
202.7 Prepare 95% Construction Cost
Estimate 2 20 60 $50
202
Prepare 95% Plans,
Specifications, and Estimate
(total) & Design Review Meeting
12 192 596 8 $0 $0 $350 $115,330
203
Prepare 100% Plans, Specifications,
and Estimate & Design Review
Meeting
4 56 200 8 $250 $37,710
204 Construction Documents 4 44 110 8 $250 $23,850
205 Bidding Coordination and Support 4 32 24 8 $500 $10,760 Total Task 200 Hours 24 356 990 56 0 0 Total = $203,260 Surveyor Task

CONSTRUCTION DRAWINGS/FINAL PS&E

PRELIMINARY ENGINEERING
Exhibit "C"
City of Tulare, NE of Dayton and Tulare Improvements Project Engineering Fee Proposal
Other
Direct
Costs
Description Total Geotech
Person-Hours
Principal
Engineer
Senior Civil
Engineer
Staff
Engineer Clerical
@ $195 /hr @ $180 /hr @ $130 /hr @ $75 /hr
Surveyor Task
Other
Direct
Costs
Description Total Geotech
300
301 Construction Support 12 120 60 8 $150 $32,490
Total Hours 12 120 60 8 0 0 Total = $32,490
Total Hours 44 646 1714 80 $49,450 $10,200
Grand
Total = $416,570

CONSTRUCTION SUPPORT

CITY OF TULARE

Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $269,620 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0099, a street and utility improvement project northeast of Tulare Avenue and Canby Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($26,962) of the contract award amount.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

This project is a street and utility improvement project on: Tulare Avenue/Cheryl Lane Alley between Canby Street and Mt. View Street; Cheryl Lane at Laspina Street; Academy Avenue between Laspina Street and Mt. View Street; Burton Avenue, west of Laspina to east of Mt.

View Street; Eastgate Avenue, west of Laspina Street to Mt. View Street; Vineland Avenue between Laspina Street and Mt. View Street; and Fairwind Court at Vineland Avenue. The project will reconstruct the street section and will include ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fall within the project limits.

Additionally, it will address necessary water, sewer and storm drain infrastructure improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project is included as a part of the City’s 2021-2026 transportation and utility CIP program budget.

Due to the inclusion of funding from various utility funds on this project, this was also submitted to the Board of Public Utilities for review and approval at its regular meeting on June 16, 2022.

AGENDA ITEM: Consent 8
STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

EN0099-040-0200
122 – Gas Tax (RMRA – SB1)
610 – Water CIP (Bonds)
615 – Sewer Wastewater CIP
647 – Surface Water Management CIP
Submitted by: Nick Bartsch Title: Senior Project Manager Date: June 8, 2022 City Manager Approval: ____________
G/L #:
2021/22 2022/23 2023/24 2024/25 2025/26
Costs Description
001 -Conceptual $0 $0 $0 $0 $0 $ - $ -
002 - Preliminary Design $0 $0 $0 $0 $0 $ - $ -
003 - Environmental $0 $2,500 $0 $0 $0 $2,500 $ -
004 - Final Design $0 $421,380 $0 $0 $0 $421,380 $ -
005 - Construct/Impliment $0 $0 $5,097,254 $0 $0 $5,097,254 $ - 006 - Close Out $0 $0 $0 $0 $0 $0 $ -
Total Costs: $0 $423,880 $5,097,254 $0 $0 $5,521,134 $ - Funding Sources
122 - Gas Tax (RMRA) $0 $73,837 $887,906 $0 $0 $961,743 $ - 610 - Water CIP (Bonds) $0 $173,111 $2,081,701 $0 $0 $2,254,812 $ - 615 - Sewer/Wastewater CIP $0 $157,817 $1,897,789 $0 $0 $2,055,606 647 - Surface Water CIP $0 $19,115 $229,858 $0 $0 $248,972 $ - Total Funding: $0 $423,880 $5,097,254 $0 $0 $5,521,134 $ - District(s): 3

TRANSPORTATION PROJECT
PROJECT #EN0099 (EN2021-1B)
Various Streets Northeast of Canby St. and Tulare Ave.
(Capital)
(Capital)
PROJECT MANAGER: Nick Bartsch
PROJECT DESCRIPTION & PURPOSE: Pavement Management System / Utilty project on Tulare Ave./Cheryl Lane Alley between Canby St. and Mt. View St.; Cheryl Lane at Laspina St.; Academy Ave. between Laspina St. and Mt. View St.; Burton Ave. west of Laspina to east of Mt. View St.; Eastgate Ave. west of Laspina St. to Mt. View St.; Vineland Ave. between Laspina St. and Mt. View St.; and Fairwind Ct. at Vineland Ave.

Includes ADA Concrete work, Water, Sewer and Surface Water facilities.

KEY POINTS:

Critical Utility Infrastructure Improvements; Traffic safety; Relief from potential liability concerns; Compliance to the American Disabilities Act
PROJECT STATUS:

Approved by TMT on 3/25/2021
PROJECTED START DATE: 7/1/2021
PROJECTED END DATE: 6/30/2023
FUTURE M & O:
(Additional Cost & Department Responsibility) No additional Cost CRITERIA (1-8): Criteria 7: Project addresses regulatory, safety, or environmental requirements that could threaten in whole or in part the City's ability to operate a core program or function at some future time if not replaced or repaired.

Fiscal Year
Total Unfunded
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324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
June 2, 2022
Mr. Nick Bartsch
Sr. Project Manager
City of Tulare
411 E. Kern Ave.

Tulare, CA 93274
Subject: Design Proposal for EN2021-1B – Various Streets NE of Tulare Ave and Canby Street Rev. 1, 4Creeks No. 22290
Dear Mr. Bartsch,
We have prepared a scope and fee for the services required to complete the proposed project design for Various Streets NE of Tulare Ave and Canby Street reconstruction, underground wet utility improvements, curb ramp, alley approach, and drive approach replacements on N. Mountain View St., Vineland Ave., E. Eastegate Ave., Burton Ave. and Cheryl Lane. The limits of work consist of Vineland Ave. between Laspina and Mountain View, Eastgate Ave. between Laspina and Mountain View, Burton Ave. between Laspina and Mountain View, Academy Ave. between Laspina and Mountain View, Cheryl Lane between Laspina and Mountain View, Tulare-Cheryl Alley and Mountain View between Vineland and Tulare Ave. Project limits are also shown on the attached Exhibit A.

Our understanding is that the scope of work will generally include the following improvements:
• Replacement and Design of (30) Curb ramps
• Replacement of (4) Alley Approaches
• Replacement of approximately (25) Drive Approaches due to proximity of sewer laterals and water services.
• Around 5,452 LF of New Water Main (and associated valves and services). Existing system will be abandoned in place.
• Replacing Fire Hydrants and where necessary, adding Fire Hydrants to achieve City standard spacing • Around 4,703 LF of New Sewer Main (and associated manholes and sewer laterals). Removal and Replacement of existing system.
• Around 528 LF of New Storm Drain Mains and Laterals (and associated manholes and drain inlets).

Removal and Replacement of existing system.
• Full Street Section replacement of Mountain View St, Vineland Ave, Eastgate Ave, Burton Ave, and Cheryl Lane. Our understanding is that street reconstructions will not extend into N Laspina St., Academy Ave. and Tulare Ave. Our understanding is that street replacement will continue up the side streets to the curb returns of the new ramps. The existing asphalt will be removed from the streets. • Our understanding is that encroachment into the Caltrans right of way will be required to construct the curb ramps on Tulare Ave. & Mountain View. We anticipate that encroachment permitting and traffic control plans (compiled Caltrans Standard Plans) will be required from Caltrans and this work is included in our scope.
• Signing, striping, and marking for the roadway.

The project design will be completed so the City can bid the project by the beginning of February 2023. Below you will find a breakdown of the tasks needed to complete this project.

Task 1: Topographic Survey
• The survey shall include (but not be limited to):
o Full topographic survey of the streets included with the project. o 50’ Cross Sections
o Sewer and Storm Drain inverts to be dipped wherever possible o More detailed topo around accessibility ramp locations 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
o Existing observable improvements within the right of way or directly adjacent thereto that may be affected by the project
o Observable Utilities, which includes fire hydrants, water meter boxes, sewer cleanouts, sewer and storm manholes, valve boxes, etc.
o Tie into City of Tulare benchmark system
o Prior to the survey we will have a design staff member mark uplifted/depressed/damaged curb and gutter within the limits of project for removal and replacement with the project. • Our understanding is that after the Topo is completed and preliminary wet utility design has been completed that the City will pothole existing utilities that may conflict with new project improvements. Our survey crew will survey in the surface locations of these potholes after the potholing has been completed so this information can be incorporated into the project design. • Right of way limits will be drafted on the Topo from record maps. This fee does not include ordering title reports for separate properties or record research of dedicated easements/additional right of way along the corridor.

The above Task 1 services will be provided for a Fixed Fee of $34,470.

Task 2: Utility Research and Coordination
• Conduct utility research and identify potential conflicts with record utilities. • Show existing utility locations on construction documents. • Meet with utility companies at around the 30% design stage after potholing of the potential utility conflicts has been completed to determine if conflicts exist.
• Work with utility companies to address and resolve identified conflicts. • Review the existing streetlight spacing along the corridor and provide a recommendation to the city on where new wood pole mounted streetlights should be installed. City will coordinate with utility agency as they desire.

The above Task 2 services will be provided for a Fixed Fee of $7,885.

Task 3: Geotechnical Analysis
• Perform a geotechnical investigation with cores to determine the pavement section that is appropriate for the project using conventional asphalt over aggregate base section. Cores will identify existing HMA and AB thicknesses as well. Cores will be taken at a spacing of approximately 600 feet (10-15 borings). • Obtain soils samples and run sand equivalent testing to identify whether native materials are suitable as backfill over wet utilities and if the soil meets the City’s standard bedding requirements (min. 30% sand equivalent).
• Provide 12 R-Value tests, Gradations and Sand Equivalents on the on-site materials. • Evaluate Gradations and R-Value on 4 samples of the existing Class 2 aggregate base. • Obtain a City of Tulare Encroachment Permit
• Set up traffic control for the work. We plan to take cores along the shoulders of the roadway to minimize traffic control costs and disruption in the roadway.
• Temporarily backfill the cored holes with asphalt cold patch. • Provide a Geotech report of the findings and the recommended street sections.

The above Task 3 services will be provided for a Fixed Fee of $17,020.

Task 4: Caltrans Permitting
• Obtain Caltrans encroachment permitting for the surface improvements on Mountain View and Tulare Ave.
• Design of 2 accessibility ramps per Caltrans standards • Respond to Caltrans revision and permitting comments. • Provide Caltrans Standards to be used as traffic control plans to obtain Caltrans permit.

The above Task 4 services will be provided for a Fixed Fee of $11,470. 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
For Tasks 5 & 6 Plans and Cost estimates will be provided at the 30%, 90%, and 100% final submittal stages. Specifications will be provided at the 90% and 100% submittal stages.

Plans will be on 22x34 size sheets.

Task 5: Construction Plans
• 4Creeks anticipates providing the following plan sheets for the project:
o Cover Sheet
o General Notes
o Phasing Plan with Key Map
o Street Cross Sections
o Layout Sheets (Assumed 1”=20’ scale, 13 sheets). Storm drain plan and profiles will be shown on these sheets.
o Utility Plan and Profile Sheets (Assumed 1”=20’, 13 sheets). Sewer and water profiles will be shown on these sheets.
o Curb Ramp Detail Sheets (Assumed 4 per page at 1”=5’, 8 sheets). Ramp details will include elevations, dimensions, and will show transitions to the existing concrete sidewalks. o Alley Approach Details (Assumed 2 per page at 1”=5’, 2 sheets) o Construction and City Standard Details (Assumed 5 pages) o Striping and Signage Plans (Assumed 1”=20’, 7 sheets). • We plan on holding 4 meetings with the City at the following stages Project Kickoff, 30%, 90% and 100% plan submittal stages.
• Address plan check comments from the City at each submittal stage.

The above Task 5 services will be provided for a Fixed Fee of $156,450.

Task 6: Cost Estimate & Specifications
• Provide opinion of probable cost estimate based on the Construction Documents. • Provide technical specifications, special provisions, and bid item descriptions to complete the project. • Provide the City with an itemized excel quantity breakdown file that shows quantity breakdowns with street names and stationing.
• Our understanding is that the city will provide their typical front-end bid document in word format, and we will modify all of the information for this project.

The above Task 6 services will be provided for a Fixed Fee of $11,770.

Optional Task 7: SWPP Design Phase
• This task will only be used if a SWPPP is required to obtain the Caltrans EP. • Develop a SWPPP per City of Tulare standards for Caltrans EP. We assume that our normal SWPPP template can be used and that a Caltrans Specific template will not be required. • Staff will develop a SWPPP and upload to SMARTS and gain approval. Fee to be paid by City of Tulare. • This fee does not include any work that needs to be performed during construction. Our understanding is that the contractor will be required to perform all construction phase amendments, inspections, and other work required.

The above Task 7 services will be provided for a Fixed Fee of $3,070.

Task 8: Bidding Phase Services
• Hold Pre-Bid Meeting with Contractors
• Maintain Contractor Plan Holders List
• Provide supplemental instructions and clarifications to bidders as necessary. Produce addendums to modify the bid documents (plans and specs) as required. 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Receive bids.
• Tabulate bids after opening and recommend lowest awarded bidder to the City.

The above Task 8 services will be provided for a Fixed Fee of $6,080.

Optional Task 9: Construction Assistance
• Attend the pre-construction meeting
• Respond to Requests for Information
• Review Submittals if requested by the city
• Issue Contract Document revisions as required
• Assist the City with Change Order review as required
• Draft a set of Record As-Built plans at project completion using information provided by the City/Contractor
The above Optional Task 9 services can be provided on a time and materials basis. We propose that the city budget $21,405 for these services. Our understanding is that the City plans to use our company on a very minimal basis during construction.

Total Fixed Fee Amount for Tasks 1-6 = $239,065
Total Estimated Contract Amount if all Tasks 1-9 are included = $269,620 City of Tulare Responsibilities
• Provide a draft set of front-end bid specifications in Word format • Provide record drawings for the project area if available • Provide potholing as necessary to determine true utility locations • Provide guidance to consultant scope of work questions Exclusions
• Any work not specifically listed in this scope of services.

We are very excited to submit this proposal and look forward to continuing to develop a strong working relationship with the City of Tulare. If you have any questions or need any additional information, please feel free to give us a call to discuss.

Sincerely,
Chris Crawford, PE 71192 Matthew D. Ainley, PE 66233
Sr. Civil Engineer Principal-In-Charge

encl: 4Creeks, Inc. Fee Estimate Breakdown, Exhibit A Project Limits, 4Creeks Fee Schedule, Current Prevailing Wage Surveying Rates also attached
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Project
Technician I Project Technician II Project Tech V Engineer I Engineer IV Engineer V Principal Engineer Utility Designer II Krazan & Associates Associate Surveyor Surveyor Survey Crew (2-
Man Topo)
Reimbursable
Expenses
$55 $65 $95 $110 $140 $150 $170 $130 $1.15 $110 $150 $280 Fee Varies Task Number
Task 1 - Topographic Survey
Field Data Collection 80 $22,400
Office Drafting 40 $4,400
Right of Way 32 $4,800
Project Management/Admin 10 12 4 $2,870
$34,470
Task 2 - Utility Coordination
Obtain Maps 6 $570
Draft Maps in Topo 15 $1,950
Draft Conflict Maps 10 $1,300
Utility Applications and Coordination 9 9 $2,025
Street Light Analysis and Coordination 12 $1,560
Project Management/Admin 2 2 $480
$7,885
Task 3 - Geotechnical Analysis
Geotech Subconsultant Costs 14800 $17,020
$17,020
Task 4 - Caltrans Permitting
Encroachment Permitting, 2 ramp designs, Plan Check Revisions with Caltrans & Coordination 60 9 9 $9,210
Traffic Control Plans - Caltrans Standard Plans 10 4 4 $2,260 $11,470
Task 5 - Construction Plans
30% Plans Submittal 80 250 40 40 $46,700
90% Plans Submittal 80 460 80 40 $75,400
100% Plans Submittal 80 80 40 20 $25,000
Project Management/Admin 30 20 20 $1,000.00 $9,350
$156,450
Task 6 - Cost Est. & Specs
30% Submittal 9 9 $2,250
90% Submittal 40 10 9 $7,150
100% Submittal 20 $2,200
Project Management/Admin 1 $170
$11,770
Task 7 (Optional) - SWPPP Design Phase
Develop SWPPP per City of Tulare Standards if needed to obtain Caltrans EP 18 11 1 $3,070
$3,070
Task 8 - Bidding Phase Services
Pre-bid Meeting 4 $600
Maintain Bid Holders List 9 $990
Provide Summplemental Instructions and Addendums 9 8 4 $2,710 Receive and Tabulate Bids 4 $440
Project Management/Admin 2 4 4 1 $1,340
$6,080
Task 9 - Construction Assistance (Estimate Only)
Attend Precon Meeting 2 2 $520
Respond to RFI's and Document Revisions 40 10 10 $7,300 Assist with Minimal Submittal Review 10 4 $2,000
Assist with Minimal Change Order Review 10 4 $2,000
Review Contractor SWPPP and Dust Control Plans 8 $1,120 Draft Record As-Built Drawings 40 12 4 $6,680
Project Management/Admin 1 4 4 4 $1,785
$21,405
TOTAL: 0 33 283 1066 250 187 26 48 14,800.00 $ 40 32 80 $1,000.00 SUBTOTAL TASKS = $269,620
TOTAL
EN2021-1B Various Streets NE of Tulare Ave and Canby Street Fee Estimate Rev. 1 Fee Breakdown
M. Ainley & C. Crawford 6/2/2022

1 of 1
Effective February 1,2020
Updated August 12, 2021
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction Inspector - Sunday $210
Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $150
1-Man Survey Crew – Fresno County $150
1-Man Survey Crew – Kings County $150
1-Man Survey Crew – Kern County $150
1-Man Survey Crew – Merced County
2-Man Survey Crew – Tulare County $280
2-Man Survey Crew – Fresno County $280
2-Man Survey Crew – Kings County $280
2-Man Survey Crew – Kern County $280
2-Man Survey Crew – Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.75 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses

CITY OF TULARE

Accept the Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for June 2022.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The Capital Improvements Projects (CIP) Dashboard for June 2022 is attached reflecting the quarterly status of capital projects highlighting the timeline, budgets, percentage complete, and notes indicating specific activity related to each project. The dashboard provides a visual summary of the overall progress of the projects for the City Council’s edification.

Background information related to the policies for projects, and additional information related to the attached report is presented below.

The color metric contained on the dashboard reflects the current state of the project. Projects shown in BLUE are in the Design Phase. Projects shown in GREEN are in the Environmental or Right of Way Acquisition Phase. Projects shown in ORANGE are those that are in the Construction or Implementation Phase.

AGENDA ITEM: Consent 9
STAFF RECOMMENDATION:

Accept the Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for June 2022.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Nick Bartsch Title: Senior Project Manager Date: June 13, 2022 City Manager Approval: ____________

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: June 21, 2022
Project Name Contacts Description Progress Update Project Budget Completion EN0084:PleasantAvenueImprovements
District(s):
1 &
2 Pavement
management system
and utility project on
Pleasant between
Cromley Street and “H”Street. Includes ADAconcrete work andwater, sewer and storm drain facilities.

Realigns West Streetintersection andinstalls improvements for future traffic
signals.

ConstructionThe project wasbroken into
6 phases.

Phases
A ‐ E
(Enterprise St.
–
H
St.)
– Complete
Phase F (PleasantAve./West St.Intersection)
– Utility
Under‐grounding
&
New Traffic Signal
Installation ‐ Underway
Total Budget: $7,760,680
Division: Engineering Construction
Award: $5,256,442.08
ProjectManager:

Nick Bartsch CO’s to Date:

SCEUndergrounding
$ 149,691.97
(2.7%)
$327,030
Expected Completion:

Summer 2022
Engineer: Provost
&
Pritchard
Total Contract:
$5,733,164.05
Contractor: Dawson‐
Mauldin,LLC.

Funding: Measure R,
Water CIP, Sewer CIP
ContractWorking Days: 225
90%
Design R.O.W. Const.

ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: June 21, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0088:Prosperity /
West TrafficSignal
District(s): 1 & 2 Expansion project to
install a traffic signal at
the intersection of
Prosperity and West.

Includes ROWacquisition to allow
placement of facilitiesat their ultimate
location. Includes ADAconcrete work, sewer
water, storm drain, and
TID facilities.

Design is complete,
and ROW acquisition
is ongoing.Anticipated to bid in
Fall 2022, pending
ROW acquisition
status.*The Engineer’s
Estimate has beenupdated based on
anticipated escalatedmaterial and labor
prices seen on recent
projects,unforeseeable at thetime this project wasbudgeted. Based on this, it is likely that abudget amendment
will be necessary atthe time of contract
award.

Total Budget: $3,486,840
Division: Engineering
ConstructionEstimate:
$3,295,446
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Engineer: QK
TotalContract:

TBD
Contractor: TBD
ContractWorking Days TBD
Expected Completion
2023
Funding: Measure R,
Gas Tax, Water CIP,
Sewer CIP
25%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: June 21, 2022
Project Name Contacts Description Progress Update Project Budget Completion EN0090
–
Sequoia‐Spruce Tracts
Improvements
District(s):
3 Pavement
management system
and utility project on
Spruce St. (Bardsley‐Tulare), Sierra (Hwy 99‐
Spruce), Sierra/Sequoia
Alley (Hwy 99‐Spruce),Sequoia (Dayton‐
Spruce), and adjacent
alleys. Includes ADA
concrete work, water,sewer, and storm drain
facilities.

ConstructionThe project wasbroken into
5 phases.

Phase
1‐4‐ (Spruce
St.: Bardsley Ave. toSierra Ave.; Kern Ave.& Sequoia Ave. –
Dayton ‐ Spruce) ‐ Complete.

Phase
5 ‐ (Spruce St.:

Sierra Ave.
– Tulare
Ave.)
– Ongoing
TotalBudget:
$8,169,148
Division: Engineering
ConstructionContractAward:

Project $6,045,366.78Manager:

Nick Bartsch
CO’s to
Date:
$90,194.54
(1.49%)
Engineer: Peters
Engineering
Group
TotalContract: $6,135,561.32
Contractor: 99 Pipeline,
Inc.

ContractWorkingDays:
270
Expected Completion:

Summer 2022
Funding: Measure R,
Gas Tax SB1 (RMRA),
Water CIP, Sewer CIP,
Storm Drain CIP
EN0091:Elliott Tract
Improvements
District(s):
1 Pavement management
system and utility
project on Owens
(West‐Santa Clara), LosAngeles (Bardsley‐
Owens), Elm (West‐
Sacramento), and SantaClara (Bardsley‐Inyo).

Includes ADA concretework and water, sewerand storm drain facilities.

ConstructionThe project wasbroken into
5 phases.

Phase
1, 2
&
3‐ (Los
Angeles St.
& Santa
Clara St.: Sonora
Ave.
– Inyo Ave.;
Elm Ave.:Sacramento St.
–
West St.) ‐ Complete.

Phase
4 ‐ (Los
Angeles St.: Bardsley– Sonora) ‐ Ongoing
TotalBudget:
$5,566,373
Division: Engineering
ConstructionContractAward:

Project $4,136,815Manager:

Nick Bartsch
CO’s to
Date:
$46,507.44
Engineer: 4Creeks (1.11%)
TotalContract:
$4,183,322.44
Contractor: Dawson‐
Mauldin, LLC. Contract
WorkingDays:
190
Expected Completion:

Funding: Gas Tax, Gas Summer 2022
Tax (RMRA) SB1, Water
CIP, Sewer CIP, Streets
CIP, Storm Drain CIP
95%
Design R.O.W. Const.
60%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: June 21, 2022
Project Name Contacts Description Progress Update Project Budget Completion EN0092:

Pratt St.
/
Mefford‐Choice TractsImprovements
District(s):
1 &
2 Pavement management
system and utility projecton Pratt (Bardsley‐Inyo),
Walter (Bardsley‐Elm),
Oliver (Bardsley‐Elm),
Cleveland (Bardsley‐Elm),
Victoria (Bardsley‐Elm),
Elm (Howard‐D Street),
and “C” Street (Elm‐
Alpine). Includes ADA
concrete work andwater, sewer and storm
drain facilities.

Construction:Started 2/25/22;Project was brokeninto
5 Phases
Phase
1 (Walter St.
& Oliver St.:Bardsley
– Elm)
–
Utilities
– Complete;
Street work
–
Ongoing;Phase
5 (Elm Ave.:

Pratt St.
–
D St.;
C
St.: Elm
– Sonora)
–
Utilities
– 0going
Budget: $8,697,765
Division: Engineering
ConstructionContractAward:
$6,782,277.60
ProjectManager:

Nick Bartsch
CO’s to Date: $1,963.02
Designer (0.03%)
/
Engineer:

Provost
&
Pritchard Total
Contractor: Dawson‐ Contract: $6,784,240.62
Mauldin,LLC. Contract
WorkingDays: 220
Expected Completion:

Early 2023
Funding: Measure R, Gas
Tax, CDBG, Gas Tax(RMRA) SB1, Water CIP,Sewer CIP, Streets CIP,Storm Drain CIP EN0093:Prosperity&
J St.

Intersection
Improvements
District(s):
2 CRISI Grant funded
project to add protected
left movements for
E/bound
& W/bound
traffic at Prosperity and
J Street, add a pre‐signal
in advance of the UPRR
crossing, and install ADA
compliant pedestrian
improvements.

Design: Design andcoordination with
Union Pacific
Railroad is ongoing
Budget: $2,800,000
Division: Engineering
ConstructionEstimate(CityPortion):
$700,000
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Designer
/
Engineer:

PetersEngineeringGroup
TotalContract:ContractWorkingDays:

TBDTBD
Contractor: TBD
Funding: Gas Tax
(HUTA), CRISI Grant
Expected Completion:
2023
25%
Design R.O.W. Const.
50%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: June 21, 2022
Project Name Contacts Description Progress Update Project Budget Completion EN0094:Sycamore
&
San Joaquin
Improvements
District(s):
4 Pavement Management
System / Utility project on
King Ave. between
O St.
and Cherry St.; Sycamore
Ave. between Cherry St.
and Blackstone St.; San
Joaquin Ave. between
O
St. and Blackstone St.;
Madden St. between
Tulare Ave. and King St.;
Delwood St. between
Sycamore Ave. and San
Joaquin Ave.; and N.

Highland St. betweenTulare Ave. and Sycamore
Ave. Includes ADAConcrete work, Water,
Sewer and Surface Waterfacilities.

Bidding
& Award:

This contract was
awarded by the CityCouncil and Board of
Public Utilities in
April 2022.Construction:Started 5/24/22;Project was brokeninto 6 Phases
Submittals and
MaterialProcurement; ExitingUtility Potholing
–
OngoingPhase
1 (King Ave.:

O
St.
– Cherry St.;
Madden St.: TulareAve.
– King St.)
–
Pending completionof potholing.

Budget: $8,743,192
Division: Engineering
ConstructionContractAward:
$6,652,485.50
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Designer
/
Engineer:

PetersEngineeringGroup
TotalContract:ContractWorkingDays:
$6,652,485.50
240
Contractor: Floyd
Johnston
Construction
Funding: Gas Tax (RMRA),CDBG, Water CIP, SewerCIP, Streets CIP, Storm Drain CIP
Expected Completion:

June 2023
5%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: June 21, 2022
Project Name Contacts Description Progress Update Project Budget Completion EN0095:Academy
&
ApricotImprovements
District(s):
4 Pavement Management
System / Utility project on
Apricot Ave. betweenGem St. and Blackstone
St.; Academy Ave.between Gem St. and
Blackstone Ave.; Pine Dr.between Academy Ave.and Highland St.; E. La Mesa Dr. between
Academy Ave. and
Blackstone St.; N. Gem St.
between San Joaquin Ave.
and Academy Ave.;
Highland St. between SanJoaquin Ave. and theSanta Fe Trail; and Olympic Ct. at ApricotAve. Includes ADA
Concrete work, Water,
Sewer and Surface Water
facilities.

DesignThe design iscomplete. Due to
industry‐wide costescalation and
funding uncertainty,bidding of the
project is on hold forapproximately
6 months.Bidding
& Award:

This contract will be
brought to the City
Council and Board of
Public Utilities for
approval.*The Engineer’s
Estimate has beenupdated based on
anticipated escalatedmaterial and labor
prices seen on recent
projects,unforeseeable at thetime this project wasbudgeted.

Budget: $7,434,068
Expected Completion:

June 2023*
Division: Engineering
ConstructionEstimate(CityPortion):
$6,881,770
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Designer
/
Engineer:
4 Creeks
TotalContract:ContractWorkingDays:

TBDTBD
Contractor: TBD
Funding: Gas Tax(RMRA/HUTA), Water CIP,
Sewer CIP, Streets CIP,Storm Drain CIP
100%
Design R.O.W. Const.

ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: June 21, 2022 Project Name Contacts Description Progress Update Project Budget Completion FM0046 –
CourthouseRenovation /
Parking Lot
Rehabilitation
District(s): ALL Remodel the existing
courthouse adjacent to
City Hall to allow
occupancy by the
Police Department andother potential interim
uses. (e.g. BusinessIncubator) ;
Rehabilitate the City
Hall/Courthouse/PoliceDepartment parking lot
to address security,
ADA compliance,drainage, pavementand circulation issues.

Design: The
conceptual design of
the former
Courthouse building
and parking lot
rehabilitation/reconfiguration iscomplete.City Council awardedthe Design contract to 4 Creeks on
6/7/22.

Final Design isunderway.

TotalBudget:
$3,000,000
Division: Engineering
Construction
Project Estimate: $2,000,000Manager:

Nick Bartsch
CO’s to
Date:

Engineer: 4 Creeks N/A
TotalConstructionContract:

TBD
Contractor: TBD
ContractWorkingDays:

TBD
Expected Completion:

TBD
Funding: ARPA, 2018
Lease Revenue Bonds
PK0033 –
Zumwalt Park
Re‐
Development
District(s): 3 Redevelop Zumwalt
Park to include an
Amphitheater,playground and splash
pad.

Design: The
conceptual design iscomplete.

Community Input
Meeting held 5/4/22
Conceptual Designpresented to Parks& Rec. Commission
on 6/14/22.

Conceptual Designpresented to CityCouncil on 6/13/22.

Total Budget: $5,000,000
Division: Engineering
Construction
Project Estimate: $4,000,000Manager:

Nick Bartsch
CO’s to Date: N/A
Engineer/Architect:

LaneEngineers /RRM DesignGroup
TotalConstructionContract:

TBD
Contractor: TBD
ContractWorking Days: TBD
Expected Completion:

Funding: ARPA TBD
10%
Design R.O.W. Const.
10%
Design R.O.W. Const.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Police
For Council Meeting of: June 21, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize the City Manager to sign a contract for the purchase of a Flex CAD/RMS system from Motorola Solutions in the amount of $938,386.73 and authorize a 10% contingency in the amount of $93,838.67, for a total maximum contract amount of $1,032,225.40.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

Computer Aided Dispatch (CAD) and Records Management Systems (RMS) are standard tools in the operations of law enforcement agencies all over the world. The Tulare Police Department has utilized CAD and RMS software packages for many years. The technology allows the department to electronically and digitally manage operations, including intake, dispatching, and tracking of public calls for service as well as the management of department records, such as crime reports and citations.

The current CAD/RMS system for the Tulare Police Department has been in place since 1997.

At that time, the Tulare Police Department selected TracNet Solutions. TracNet Solutions has served the Tulare Police Department with an excellent product and services for many years; however, the Department has outgrown the capabilities of the current software. As a growing law enforcement agency, the Department requires tools and features that are not available using the TracNet solution.

Included in this this contract is a performance bond for the implementation of the system for a cost of $44,265.00.

This is a sole source purchase. The Motorola Flex CAD/RMS system (previously known as Spillman Flex) is either currently in use or under contract to be used by multiple law enforcement agencies in our geographic area. Some of these agencies include: County of AGENDA ITEM: Consent 10
Tulare, City of Visalia, and City of Porterville. Included in the system is the technological capability to share information between and among agencies. Concurrent with installation of the Motorola system, staff will pursue establishment of Memorandums of Understanding (MOUs) with our partner agencies to create and implement information sharing protocols with the end result being a more comprehensive regional approach to public safety dispatch and records management services.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The City Attorney and the RMA have reviewed the contract.

IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

ARPA Funding 028-4145-7203
Submitted by: Police Captain Greg Merrill, Chief Technology Officer Jason Bowling, and Fire Division Chief Rodnie Roberts
Date: June 13, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: June 21, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize the City Manager or designee to sign a 20-year commercial lease agreement with the Tulare Joint Union High School District to provide summer aquatic recreation programming services at the Tulare Western High School pool.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The Tulare Joint Union High School District (District), which serves approximately 5,700 students, lacks sufficient pool space to accommodate their students. Currently, two of the District’s three comprehensive high schools have a pool; the current pools are also utilized by the community swim groups and the City of Tulare recreation summer swim program.

Unfortunately, the current pools no longer meet the needs of the District, as well as the City and the community. To address this unmet demand, an aquatics complex is proposed at Mission Oak High School to provide a safe and accessible environment and meet the needs of students as well as the general public. The District requested financial assistance from the City to help fund the proposed aquatics complex at Mission Oak High School.

On February 15, 2022, the Tulare City Council unanimously approved the commitment of $500,000 of American Recovery Plan Act (ARPA) funds towards the District’s planned 50- meter pool project at Mission Oak High School. In turn, the City will receive a 20-year commercial swimming pool lease agreement comprised of four five-year options with the District utilizing the Tulare Western High School pool for the City of Tulare’s summer recreation aquatic programs.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

ARPA Funding 028-4145-5206
AGENDA ITEM: Consent 11
Submitted by: Marc Mondell Title: City Manager
Date: June 10, 2022 City Manager Approval: ____________

COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement (“Lease”) is entered into on this _____ day of ______, by and between the Tulare Joint Union High School District, a California public school district (“District” or “Landlord”) and the City of Tulare (“Tenant”) (each a “Party” and collectively the “Parties”) on the terms and conditions that follow.

RECITALS
WHEREAS, District as Landlord, is the owner of certain real property located at 824 W Maple Avenue, Tulare, California, 93274 also known as the Tulare Western Pool (“Premises”); and WHEREAS, the Premises is classified as government property, not private property; and WHEREAS, the Premises include a swimming pool facility currently in use (“Pool”); and

WHEREAS, Tenant desires to lease the Premises during the summer months (June 1st to July 30th) solely for the purpose of Group Swim Lessons, Public Swim, Aquatic Fitness Classes, and Community Rentals assuming such rentals do not interrupt school related activities; and WHEREAS, Landlord is agreeable to leasing the Premises to Tenant for said purposes, subject to the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the covenants and conditions of this Lease, including the recitals hereof, which are incorporated herein by this reference, Landlord and Tenant agree as follows:

LEASE AGREEMENT

1. Rent of Premises; Delivery.

A. Landlord does hereby rent and Lease to the Tenant the Premises, under the terms and conditions herein.

B. Landlord shall deliver to Tenant on the first day of the term of this Lease the actual and exclusive possession of the entire Premises, clear of all tenancies and occupancies. The Premises are leased to Tenant on an “as is” basis. Except as may be otherwise expressly set forth in this Lease, Landlord shall not be required to make or construct any alterations including structural changes, additions or improvements to the Premises. By entering and taking possession of the Premises pursuant to this Lease, Tenant accepts the Premises in “as is” condition. Tenant acknowledges that neither Landlord nor Landlord’s agents have made any representation or warranty as to the suitability of the Premises to the conduct of Tenant’s business. Tenant is responsible for attaining and maintaining all permits and licenses required to operate its business on the Premises, and for payment of all costs associated with such permits and licenses.
2 2. Use of Premises.

A. The Premises may be used by Tenant as a swimming pool facility. Tenant shall not use the Premises for any use other than that specified in this Section 2 without the prior written consent of the Landlord. Tenant shall require all sublessees, licensees, and invitees to use the Premises only in conformance with this use and with applicable governmental laws, regulations, rules and ordinances. Tenant shall indemnify, defend, and hold harmless Landlord, its Board of Trustees, officers, employees and agents against any loss, expense, damage, attorneys’ fees or liability arising out of failure of Tenant to comply with any applicable law, regulation, rule or ordinance.

B. Landlord represents and warrants that there is adequate non-exclusive parking at the Pool for parking by the Tenant’s employees and customers. Furthermore, the Landlord will assure the parking areas are free of potholes, snow and ice, adequately striped and in good condition.

C. No changes or additions by the Landlord will inhibit access to or visibility of the Premises or decrease parking ratio.

D. Landlord warrants that the Premises are fully in compliance with the Americans with Disabilities Act of 1990 (“ADA”) and any revisions made thereunder, including but not limited to, any Standards and Regulations as they may change from time to time. Landlord agrees to indemnify Tenant for any damages ensuing from a lawsuit brought either by an individual or the attorney general for violation of the ADA, as well as any applicable local accessibility ordinances. Any alterations required to bring Pool into compliance with the ADA or other local accessibility ordinances shall be the Landlord’s sole expense and responsibility, and any charges incurred by the Landlord shall not be charged back to the Tenant.

E. If any government or local agency requires an inspection for toxic or hazardous materials prior to a new tenancy, Landlord shall bear the cost of inspection. If a governmental authority requires the removal of hazardous or asbestos-related material including but not limited to molds and biological pollutants from the Premises, lands or the Building(s) of which it forms a part, it will be the Landlord’s responsibility to remove the offensive material. If the Landlord does not comply with the ordinance within forty-five (45) days after written notice from the Tenant, the Tenant may have the material removed at the cost of the Landlord and deduct the cost from the next monthly rental payment(s). If said material is removed from an area that lies below the parking lot, Landlord shall repair any and all damage thereto. Landlord agrees to hold Tenant harmless from any and all past, present and future environmental problems not approximately caused by the operation of Tenant’s business.

3. Waste or Damage to Premises; Nuisance.

A. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the drainage system of the Premises. No waste materials or 3 refuse shall be dumped upon or permitted to remain upon any part of the Premises except in trash containers designated for that purpose. Tenant shall not permit anything to be done in or about the Premises, which will increase the existing rate of insurance upon the Premises, or cause the cancellation of any insurance policy covering the Premises unless Tenant obtains prior written approval from Landlord and pays any increased premium.

Tenant agrees to immediately respond to concerns expressed by neighbors or Landlord relating to the operation of the Premises.

B. Should the Premises, including but not limited to the Building thereon, be damaged due to the acts of Tenant or any person in or about the Premises with the consent, express or implied, of Tenant, this Lease shall continue in full force and effect and Tenant shall, at its own cost and expense, promptly commence the work of repairing and restoring the Premises to their prior condition. In the event Tenant fails to promptly repair or restore the damaged Premises, Landlord may do so after giving thirty (30) days written notice to Tenant and Tenant agrees to reimburse Landlord for all expenses incurred by Landlord in doing so.

4. Lease Term; Option to Extend.

A. The term (“Term”) of this Lease shall be for a five (5) year period, commencing on June 1, 2022 (“Effective Date”), and ending on July 30, 2027 (“Expiration Date”) unless earlier terminated as provided herein.

B. First Extended Term. If the Tenant is not in default under any of the terms and conditions of the Lease at the time of notification, the Tenant may extend this Lease for a further term of five (5) years as of the date the extension term is to commence, on the same terms and conditions set forth in the Lease. If the tenant elects to exercise said option, then Tenant shall provide Landlord with written notice no later than the date which is ninety (90) days prior to the expiration of the term of the Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend the term of the Lease.

C. Second Extended Term. If the Tenant is not in default under any of the terms and conditions of the Lease at the time of notification, the Tenant may extend this Lease for a further term of five (5) years as of the date the extension term is to commence, on the same terms and conditions set forth in the Lease. If the tenant elects to exercise said option, then Tenant shall provide Landlord with written notice no later than the date which is ninety (90) days prior to the expiration of the term of the Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend the term of the Lease.

D. Third Extended Term. If the Tenant is not in default under any of the terms and conditions of the Lease at the time of notification, the Tenant may extend this Lease for a further term of five (5) years as of the date the extension term is to commence, on the same terms and conditions set forth in the Lease. If the tenant elects to exercise said option, then Tenant shall provide Landlord with written notice no later than the date which is ninety (90) days prior to the expiration of the term of the Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend the term of the Lease.

E. The Parties agree that, Tenant shall not lose any option to renew contained in the Lease 4 unless and until the Tenant has had at least ten (10) days after receipt of written notice from Landlord in which to exercise its option to renew.

5. Rent.

A. Rent for the Premises (“Rent”) shall be $500,000 payable in advance for the for the entire term of this lease, including the three options to extend the terms, as specified in Section 4.

Rent shall be considered paid when actually received by Landlord at the address set forth in Section 21 of this Lease.

B. In the event that the Tenant elects to exercise the First Extended Term renewal option and the Landlord rejects the election, then the Landlord agrees to reimburse the Tenant $400,000 through in-kind services, discounts, or other like benefits to be mutually agreed upon by the parties.

C. In the event that the Tenant elects to exercise the Second Extended Term renewal option and the Landlord rejects the election, then the Landlord agrees to reimburse the Tenant $300,000 through in-kind services, discounts, or other like benefits to be mutually agreed upon by the parties.

D. In the event that the Tenant elects to exercise the Third Extended Term renewal option and the Landlord rejects the election, then the Landlord agrees to reimburse the Tenant $200,000 through in-kind services, discounts, or other like benefits to be mutually agreed upon by the parties.

6. Revenue. The Tenant is entitled to all third-party aquatic rentals for the duration of the agreement. The Landlord is restricted from using the pool during the Tenant’s lease period other than for required school-related use or maintenance.

7. Utilities. Tenant shall pay and hold Landlord and the property of Landlord free and harmless from all charges for the furnishing of gas, electricity, water, garbage, sewer, telephone services and other public utilities on the Premises during the term of this Lease or any renewal or extension thereof.

8. Maintenance. The Landlord shall keep and maintain the facility in a condition existing at the time Tenant takes possession of the Premises, excepting normal wear and tear. Maintenance includes regular routine maintenance (i.e. pool chemicals) as well as capital maintenance (i.e. deck resurfacing). In so far as possible, any capital maintenance projects required will be scheduled so as to not interfere with Tenants use of the facility during the term of the Agreement. The Tenant will be notified at least 60 days in advance of the start of any capital maintenance projects.

9. Landlord’s Right to Inspect Premises. In addition to the rights provided by law, Landlord or Landlord’s duly authorized agent may enter the Premises in the event of an emergency, to make repairs or improvements, to conduct an annual inspection, to address a safety or maintenance problem or to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Except in cases of emergency, Tenant’s abandonment of the Premises, court order, or where it is impractical to do so, 5 Landlord shall give Tenant twenty-four (24) hours notice before entering.

10. Indemnification.

A. Tenant agrees to indemnify, reimburse, hold harmless, and defend Landlord, its Board of Trustees, officers, employees and agents against any and all claims, causes of action, judgments, obligations or liabilities, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), in connection with, arising out of, or related to the operation, condition, use or occupancy of the Premises and all areas appurtenant thereto. This Lease is made on the express representation and covenant by Tenant that Landlord shall not be liable for, or suffer loss by reason of, injury to person or property, from whatever cause in any way connected with the condition, use or occupancy of the Premises specifically including, without limitation, any liability for injury including death to the person or property of the Tenant, its agents, officers, employees, licensees and invitees.

B. Landlord shall hold harmless and defend and indemnify Tenant from any claims, damages or expenses, including attorneys’ fees, arising out of or relating to or in any way connected to Landlord’s gross negligence or willful misconduct on the Premises.

C. Tenant agrees that any assignee or sublessee will indemnify, reimburse, hold harmless, and defend Landlord, its Board of Trustees, officers, employees and agents against any and all claims, causes of action, judgments, obligations or liabilities, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), in connection with, arising out of, or related to the operation, condition, use or occupancy of the Premises and all areas appurtenant thereto.

D. This Section 10 shall survive expiration or termination of this Lease.

11. Assignment and Sublease. Tenant shall have the right, at any time during the Term hereof and from time to time, to assign this Lease or sublet the Premises without the prior written consent of Landlord, provided that: (a) such sublease shall be subject to each and all of the covenants, conditions, restrictions and provisions of this Lease, including the early termination clauses; (b) such sublease shall not establish any Landlord-Tenant relationship between Landlord and sublessee; (c) no sublease shall extend beyond the Term of this Lease; and (d) within (10) days after the execution thereof by the Parties, Tenant shall deliver to Landlord a full, true, and complete copy of every sublease and of all amendments or modifications thereto. Regardless of Landlord’s consent, no subletting shall release Tenant of Tenant’s obligations or alter the primary liability of Tenant to pay the Rent and to perform all other obligations to be performed by Tenant under this Lease.

12. Waiver. No waiver of any default shall affect or alter this Lease, which shall continue in full force and effect. No waiver shall affect the respective rights of Landlord or Tenant with respect to any other then-existing or subsequent default.

13. Compliance with Laws; Interpretation. Tenant shall comply with all local, state or federal laws, ordinances, rules, statutes and regulations now in effect or promulgated in the future with respect to the use of the Premises and activities conducted thereon. Tenant shall not use or 6 permit the Premises to be used for any purpose or purposes other than the purpose or purposes for which the Premises are hereby leased.

14. Environmental Representations. Tenant shall comply with all environmental legislation and regulations enacted or issued by federal, state or local governments or agencies pertaining to use of the Premises by Tenant. Tenant shall further indemnify, reimburse, hold harmless, and defend Landlord, its Board of Trustees, officers, employees and agents against any and all claims, causes of action, judgments, obligations or liabilities, including any fines or penalties assessed by any governmental agency or court, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), in connection with, arising out of, or resulting from any violation of any environmental standards in connection with Tenant’s use of the Premises.

15. Insurance.

A. Commercial General Liability Insurance and Auto Insurance. Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy of commercial general liability insurance insuring Landlord and Tenant against claims and liabilities arising out of the operation, condition, use, or occupancy of the Premises and all areas appurtenant thereto, including common areas, asphalt surfaces, parking areas, and equipment. Tenant’s commercial general insurance shall be at least as broad as the Insurance Service Office (ISO) CG 00-01 form and in an amount of not less than One Million Dollars ($1,000,000) for bodily injury or death and property damage as a result of any one occurrence and a Two Million Dollar ($2,000,000) general aggregate policy limit.

The insurance carrier, deductibles and/or self-insured retentions shall be with licensed insurance companies. Prior to execution of this Lease, Tenant shall deliver to Landlord a certificate of insurance evidencing the existence of the policies required hereunder and copies of endorsements stating that such policies shall:
a. not be canceled or altered without thirty (30) days prior written notice to Landlord; b. insure performance of the indemnity set forth in Section 11.A above; c. state the coverage is primary and any coverage by Landlord is in excess thereto; d. include a separate endorsement naming Landlord as an additional insured.

At least thirty (30) days prior to the expiration of such certificate, and every such subsequent certificate, Tenant shall deliver to Landlord a new certificate of insurance consistent with all of the terms and conditions required in connection with the original certificate of insurance as described in this Section 16.A.

B. Tenant’s Property Insurance. Tenant’s personal property, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.

Accordingly, Tenant shall at its own expense, maintain in full force and effect an insurance policy on all of its fixtures, equipment, improvements made by Tenant and personal property in, about, or on the Premises. Said policy shall be for “All Risk” coverage insurance to the extent of at least ninety percent (90%) of the insurable value of Tenant’s property. Tenant shall deliver to Landlord prior to execution of this Lease, a certificate of insurance evidencing the existence of the policy required hereunder. 7 C. Sublessee Insurance. Tenant shall require any sublessee of the Premises to maintain in effect during the term of such sublease, insurance coverage equivalent to that required to be maintained by Tenant.

D. Insurance Limits, Rating of Insurers and Certificates. It is the intent of the Parties that policy limits set herein shall be raised from time to time during the term of this Lease to account for: (i) increases in the estimated full replacement cost of the Premises; and (ii) increases in the general marketplace insurance limits for tenancies as defined herein or subtenancies consistent with the provisions of this Lease. Insurance is to be placed with insurers with a current A.M. Best Insurance rating of no less than A-minus and subject to the approval of Landlord. Tenant shall furnish District with the original certificates and amendatory endorsements evidencing the required coverages.

E. Mutual Release. Each Party hereby releases the other Party, and its partners, officers, agents and employees from any and all claims, demands, loss, expense or injury to the Premises or to the furnishings, fixtures, equipment, inventory or other personal property of Tenant in, about, or upon the Premises, which is caused by perils, events or happenings which are covered by the insurance required by this Lease or which are the subject of insurance carried by Tenant and in force at the time of such loss. Each Party shall procure an appropriate clause in, or an endorsement to, all policies required by this Lease or any other insurance policy maintained by Tenant or Landlord, pursuant to which the insurance company or companies waive subrogation or consent to a waiver of a right of recovery against the other Party.

16. Casualty Damage.

A. If by no fault of Tenant, the Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within ninety (90) days from the date of damage, subject to the terms of this Section 17, this Lease shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore the Premises, then either Landlord or Tenant may terminate this Lease by giving the other written notice. Rent shall be abated as of the date of damage. If this Lease is not terminated, and the damage is not repaired, then Rent shall be reduced based in the extent to which the damage interferes with Tenant’s reasonable use of the Premises. If damage occurs as a result of an act of Tenant, Tenant’s sublessees, or Tenant’s guests or licensees, (i) only Landlord shall have the right, at Landlord’s sole discretion, within thirty (30) days after such total or partial destruction or damage to treat the Lease as terminated by Tenant, and (ii) Landlord shall have the right to recover damages from Tenant.

B. Should Landlord elect to repair and restore the Premises to their former condition following the partial or total destruction of the Premises or any improvement located thereon:
a. Tenant shall not be entitled to any damages for any loss or inconvenience sustained by Tenant by reason of the making of such repairs and restoration; and 8 b. Landlord shall have the right to enter the Premises and take possession of so much of the Premises (including the entire Premises) as may be reasonably necessary to enable Landlord to promptly and efficiently carry out the work of repair and restoration.

C. Insurance Proceeds. Any insurance proceeds received by Landlord because of the partial or total destruction of the Premises or any improvements located thereon, shall be the sole property of Landlord, free from any claims of Tenant, and may be used by Landlord for whatever purpose Landlord may desire.

17. Alterations and Liens. Except as set forth in this Section 19, Tenant shall not make any alterations or improvements to the Premises without prior written approval from Landlord, which approval shall not be unreasonably withheld. Tenant shall keep the Premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant.

18. Notices. Any and all notices or other communications required or permitted by this Lease or by law to be delivered to, served on, or given to either Party to this Lease shall be in writing and shall be deemed properly delivered to such Party at the earliest of (i) the date actually received; (ii) 3 business days after deposit in the United States mail, postage prepaid, certified or registered, addressed to the respective Party at the address identified below; or (iii) 1 business day after deposit with a mail service, whether United States mail, or a private company, which guarantees next-business-day delivery. Either Party may change its address for purposes of notice by giving written notice of such change of address, which shall become effective five (5) business days after giving notice thereof.

All notices given pursuant to this Lease shall be delivered to:

Tenant:

City of Tulare CC:

Attn: Marc Mondell, City Manager
411 E Kern Ave
Tulare, CA 93274

Landlord:

Tulare Joint Union High School District CC: Tulare Joint Union High School District Attn: Lucy Van Scyoc, Superintendent Attn: Vivian Hamilton, Business Manager 426 N. Blackstone Street 426 N. Blackstone Street
Tulare, CA 93274 Tulare, CA 93274

19. Surrender of Premises. Upon expiration or other termination of this Lease, Tenant shall immediately quit and surrender the Premises to Landlord in good order and condition, ordinary wear and tear accepted, and shall remove all of Tenant’s personal property and also any trash, debris, chemicals or hazardous materials.

20. Holding Over. If Tenant shall hold over after the expiration of the Term or any renewal or 9 extension of this Lease, such holding over shall not be deemed to extend the Term or renew the Lease, but the tenancy thereafter shall continue upon the covenants and conditions set forth herein at one hundred fifty percent (150%) of the monthly Rent (“Holding Over Rent”) of the last expiring term unless a different Rent amount is agreed to by Landlord and Tenant.

21. Default.

A. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease: (i) Tenant’s failure to pay Rent when due, if the failure continues for ten (10) days after written notice has been given to Tenant; (ii) Abandonment or vacation of the Premises, other than Tenant’s temporary closure of the business in order to put a new franchisee in possession of the Premises; or (iii) Either Party’s failure to perform any other provision of this Lease if the failure to perform is not cured within thirty (30) days after written notice thereof has been given to the breaching Party. If the default cannot reasonably be cured within said thirty (30) day period, the breaching Party will not be in default under this Lease if the breaching Party commences to cure the default within the thirty (30) day period and diligently prosecutes the same to completion. Upon expiration of the applicable notice period, the non-breaching Party may immediately terminate the Lease.

Notice of the immediate termination shall be provided in writing to the breaching Party.

B. In the event Tenant has defaulted under this Lease, or gives notice of intent to terminate tenancy prior to expiration, Landlord may recover from Tenant: (i) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (ii) the worth, at the time of award, of the amount by which unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant’s right to possession, by either written notice of termination of possession or by reletting the Premises to another sublicensee, pursuant to Section 12.B, above, who takes possession, and Landlord may enforce all of Landlord’s rights and remedies under this Lease, including the right to recover the Rent as it becomes due.

C. Notwithstanding any provision in this Lease to the contrary, Landlord and Tenant agree that Tenant’s aggregate liability in the event of default shall not exceed the lesser of twelve (12) month’s rent or rent due for the remainder of the Lease. Furthermore, Landlord acknowledges an affirmative duty to mitigate damages and shall in no event accelerate rent.

Landlord and Tenant agree that this limitation of liability shall apply to, but not be limited to, all back and future rent, triple net charges (if applicable), late fees, attorney fees and court costs. Upon the termination of this Lease, whether in accordance with this section or otherwise, Tenant shall be permitted access to the Premises to remove any and all logo or trademark items. Such items shall include, but shall not be limited to, signage and murals.

D. Any change in Landlord entity (including, but not limited to: property ownership, address for notices, etc.) must be authorized in writing by the named landlord, its mortgagor, or by court order and sent to all the required notification parties as listed in Section 21. Absent such acceptable authorization, Tenant shall not be in default of this Lease if it continues to 10 pay rent, nor shall it lose any of its rights or privileges (including, but not limited to:
renewal options) as specified herein.

22. Insolvency of Tenant. The insolvency of Tenant as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Tenant, or the making of a general assignment for the benefit of creditors by Tenant, shall terminate this Lease and entitle Landlord to reenter and regain possession of the Premises.

23. Subordination.

A. Tenant agrees to accept the Premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject Premises to same. Tenant shall be entitled to a covenant of non-disturbance from any future lienholder in the event of foreclosure by any future lienholder against the Landlord resulting in termination of the Lease. Tenant agrees to provide an estoppel certificate following fifteen (15) days receipt of written notice from Landlord in a format prepared by Landlord in addition to any such subordination.

B. Landlord acknowledges that Tenant does not, as a matter of policy, provide financial statements in connection with the financial condition of Tenant, and notwithstanding the foregoing, Landlord has decided to execute this Lease. Landlord further recognizes and acknowledges that no person or entity other than the Tenant has made any representations of any kind with regard to the ability of the Tenant to perform the Tenant obligations hereunder.

24. Severability. If any provision or any part of this Lease is for any reason held to be invalid and/or unenforceable or contrary to public policy, law, statute, or ordinance by a court of competent jurisdiction, the remainder of this Lease shall not be affected thereby and shall remain valid and fully enforceable.

25. Amendments. Each of the Parties acknowledges and agrees that this Lease may be amended only by a writing signed by both Parties.

26. Entire Agreement; Conflicts.

A. This Lease constitutes the entire agreement between the Parties with respect to the subject matter hereof, and no prior agreement, statement, promise, or representation made by any party, employee, officer, or agent which is not contained herein shall be binding or valid.

Any previous agreements between Landlord and Tenant regarding the Premises are hereby terminated.

B. In the event of litigation between the Landlord and the Tenant relative to rights, obligations and duties of either party under this Lease, each party shall pay its own attorneys’ fees and costs. Additionally, Landlord and Tenant agree that, to the extent permitted under Federal, State, or local rules of civil procedure, Landlord and Tenant shall have the option to participate in any arbitration, deposition or mediation via telephone or video conferencing. Neither Landlord nor Tenant will compel the other to produce a representative to appear in person at the aforementioned proceedings in the jurisdiction 11 where the litigation is taking place.

27. Headings. The headings of the sections are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease.

28. Interpretation. The language of all parts of this Lease shall, in all cases, be construed as a whole according to its fair meaning and not in favor of nor against any of the Parties as draftsman or otherwise.

29. Waiver. No waiver of default in any of the terms, covenants, or conditions in this Lease shall be a waiver of any subsequent default of the same or any other terms, covenants or conditions herein contained.

30. Future Assurances. Each of the Parties agrees to execute such further documents and take such further actions as may be reasonably necessary or appropriate to effectuate the terms of this Lease.

31. Execution in Counterpart; Facsimile Signatures. The Parties may sign this Lease in counterparts such that this Lease, when all signatures are appended together, will constitute a fully signed original or copy thereof. Facsimile signatures or copies of signatures shall be binding to the same extent as original signatures.

32. Binding Effect. This Lease shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of the Parties hereto.

33. Effective Upon Approval or Ratification. This Lease shall only be effective upon approval or ratification by Landlord’s Board of Trustees.
* * * * * * * * * * * * * * * * * * * *
Signature Page Follows
12 Therefore, the Parties hereto enter into this Lease on the date set forth below.

Landlord

TULARE JOINT UNION HIGH SCHOOL DISTRICT

By: Dr. Lucy Van Scyoc
Its: Superintendent
Date: ____________

Tenant

CITY OF TULARE

By: Marc Mondell
Its: City Manager
Date:

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: June 21, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize the City Manager to execute Agreement Supplement No. 13 in the annual amount of $60,000 plus 4.8% administrative costs and expenses with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

The City entered into an agreement with TPA on November 13, 2007, to assist in advocating for state and federal projects and programs that could benefit the City. This association has been highly successful resulting in the City securing grants and beneficial programs as well as keeping the City informed on many important state and federal issues affecting the City. They aide the City in preparation of background information and presentations with regard to proposed legislation to educate the Council on matters of support or opposition letters to the legislature, as well as secure meetings for City officials with Sacramento or Washington legislative officials, to discuss matters of local importance.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:
001-4110-2066
Submitted by: Marc Mondell Title: City Manager
Date: June 14, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 12

CITY OF TULARE

Approve a short-term deferred improvement agreement with Presidio JJR Kensington II 100, LLC, a Delaware Limited Liability Company, allowing the construction of the De La Vina Street & Cartmill Avenue intersection traffic signal improvements for Phases 3 and 4 of the Kensington Estates subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 4 of the Kensington Estates subdivision, whichever occurs first.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

Presidio JJR Kensington II 100, LLC is the Subdivider of Phases 3 and 4 of the Kensington Estates subdivision, which is located along the north side of Cartmill Avenue west of Mooney Boulevard. These subdivision phases consist of 55 and 63 single-family residential lots respectively. Phase 3 is currently under construction, and the Subdivider is seeking to record the final map and proceed with development of Phase 4.

As a condition of Planning Commission Resolution No. 5379, the Subdivider is required to construct at the intersection of De La Vina Street & Cartmill Avenue traffic signal installation.

The Subdivider has neared completion of all required public improvements for Phase 3 of the Kensington Estates subdivision, with the exception of De La Vina Street & Cartmill Avenue traffic signal installation. The Subdivider is wanting to proceed with recordation of the final map for Phase 4 and to commence its development. However, there is a provision in the City’s standard subdivision improvement agreement for Phase 3 that does not allow for the issuance of building permits in a subsequent phase until a Notice of Completion has been approved for Phase 3. As a result, the delays in completion of the De La Vina Street & Cartmill Avenue traffic signal installation for Phase 3 is preventing the Subdivider from moving forward with the development of Phase 4.

The Subdivider is requesting to enter into a short-term deferred improvement agreement with the City for the De La Vina Street & Cartmill Avenue traffic signal installation associated with Phase 3 of the Kensington Estates subdivision. By securing these improvements through a separate agreement, the requirements of the Phase 3 subdivision improvement agreement could be deemed as met, and a Notice of Completion could be approved, after completion of all required public improvements, for Phase 3. This would allow the Subdivider to move forward with development of Phase 4, while still providing the City with the necessary assurances that required De La Vina Street & Cartmill Avenue traffic signal installation will be completed. The term of the proposed short-term deferred improvement agreement for the installation of the De La Vina Street & Cartmill Avenue traffic signal installation would be a AGENDA ITEM: Consent 13
maximum of two (2) years, or prior to the City’s acceptance of required public improvements for Phase 4 of the Kensington Estates subdivision, whichever comes first. Presidio JJR Kensington II 100, LLC will be required to provide the City with a performance bond or other acceptable security equal to 115% of the proposed improvement cost (total improvement cost plus 5% for each year the improvements can be deferred).

Copies of the proposed short-term deferred improvement agreement and Planning Commission Resolution No. 5379 are attached for reference.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: June 16, 2022 City Manager Approval: ____________ gttt
TTESOLUTION NO. 5379 8&pf
A R.ESOLUT'ION OF TFIE CITY OF'T{JI,AR.E PLANNING COMMISSION APPROVING TENTATIVE SUBDIVISION MAP 2020.16- KENSINGTON 3 & 4 AND CONDXTIONAL USE PERMIT 2020.1,3
WI{EREAS, the City of Ti.rlare Planning Commission helcla regular meeting on October 26,2020 to consider a request by Wooclsicle Homes to subctivicle approxirnately 24-acres into a I 1 1 -lot small-lot single farnily residential subdivision on property located on tlre nofilrwest cornel of Cartmill Avenue and Mooney Blvd. (ApN l4t-060-034 portion); and,
WHER.EAS, the City of Tulare Planning Commission cletermined that the proposecl subdivision map is consistent with applicable Tulare General Plan; alcl, WFItrREAS, the City of Tulare Planning Cornmission cleterrnined that tl-re clesign or improvements of the proposed sr-rbdivision are consistent with tlie Trilare General plarr:
ancl,
WIIEREAS, the City of Tulare Planning Comrnission determinecl that the site is physically suitable for the rype of development proposecl; ancl, WHEREAS, the City of Tuiare Planning Commission determinecl that the site is physically suitable fbr the proposed clensity of the crevelopment; ancl WHEREAS, the City of Tr.rlare Planning Commission determir.iecl that tl.re clesi-un of the subdivision or the type of improvements are not likely to cause substaltial environmental damage or substantial and avoidable injury to fish or wilcllife or their habitat; ancl,
WHEIlEAS, the City o1'Titlare Planning Commission deterrnined that tlie clesign of tl-re proposecl sLrbclivision orthe type of improvemelts will not conllict with easente'ts. acqr-rired bv the ptrblic at large" fbr access through or Llse of the property rvithin the proposed sr-rbciivision: and.

WFIEREAS, art Initial StLrcly \,vas preparecl and loLrnd that althor-rgh tlie pr-oposecl pro.iect cotrlcl have a significant elfect on the environment, there vvill not bc zr si-cnificant etlvirottt-ttental irlpact rvith the incorpolatiorr of n-ritigation measures: arrcl.

WFIEREAS, the City of Tulare Plarrrrins Conrmission cleternrinecl rhat a Vliticated Negatire Declaration has been preparecl in accorclance r,rith the C'alifirrnia F:nvironrlental (]uality Act: ancl.

I{esolutiorr5lTg Page 1
l'ent:'rtive SLrhrlir ision VIap- 2020- 16- I(cnsin!.r()r.r I ct. 4 Conclitional ( ... l)cln-rit No.2020-13
WHEREAS, the City of Tulare Planning Commission considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment with mitigation measures i11cu1 µuraled; aml,
NOW, THEREFORE, IlE IT RESOLVED, that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented:

I. That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

2. That the proposed location of the Tentative Subdivision Map and the conditions under which it would be built or maintained will not be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity.

3. That the proposed Tentative Subdivision Map will be in keeping vvith existing and future land uses on the site.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Tulare makes the additional following speci fie findings based on the evidence presented:

I) That the proposed location of the project is in accordance with the objectives of the Zoning Title and the purposes of the District in which the site is located. 2) That the proposed location of the use and the conditions under vvhich it v\ould operate or be maintained will not be detrimental to the public health. safety. welfare or be materially injurious to properties or improvements in the vicinity. 3) That the proposed conditional use will comply with each of the provisions ot'the Zoning Title;
4) That the proposed use is consistent vvith the Tulare General Plan:
5) That the site for the proposed use is adequate in size. shape and kKatinn to accommodate the use the district for which it is proposed:

BE IT FURTHER RESOLVED, that the Planning Comrnissil)t1 hercb> approves Tentative Subdivision Map 2020-156 (Kensington 3 & '+) and CunciiLional l ise Permit No. 2020-l 3. subject to the following:
1) 1:inal subcli\ ision map proposecl to be recurded shall be in subsu11Lidl conformance \vith the ::1ppro,ed tcntati\-e map.

Resolution 537c)

Page 2 ends

Tentati\ c Sulxli\ isi\lll \,lap- 2020-16- Kensi11gtl111 3 & --+ Conditional l i:-.:1..· l _ 1 ; 1 1It No. 20211-13
2) This c. oval shall supersede that portion for"" ;h the proposed boundaries that overlap the previously approved Willow Glen tentative subdivision map that was approved on September 12, 2016. 3) Applicant shall comply with Engineering, Fire Department, Parks and Solid Waste Division comments/conditions (Attachments VIII, IX, X and XI).
4) Adequate permanent or temporary fire protection facilities as approved by the Fire Chief� shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site. 5) Final acceptance of the tract shal I be contingent upon the subdivider providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works/Engineering Department.
6) Six-foot public utility easements shall be granted along all street frontages as required for public utilities.
7) Final subdivision map shall depict all easements.
8) Comply with the requirements outlined in the Caltrans letter dated October 21, 2020.
9) A Landscape & Lighting District was created as part of the original Willow Glen Development. Only a portion of the proposed project falls within that original Landscape and Lighting District. The Developer has two options: 1) incorporate the proposed development into the existing Willow Glen Landscape and Lighting District or 2) create a Homeowners Association (HOA) for the maintenance of the proposed landscape lots. A landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase of development. The landscape & irrigation master plan shall be approved by the Director of Parks and Community Services ct minimum 75 clays before approval of the final map or approval of the improvement plans (whichever comes first).

I 0) If the development \.van ts to incorporate the current project into the existing Landscape & Lighting DisLrict. the Subdivider shall submit a completed Lnndscape & Lighting District application and all necessary calculations and supporting documentation for the formation of the district a minimum of 75 da:s before apprnval oftbe final map or apprO\al of the improve111e11t plans (,\hiche\er comes first). The Landscape & Lighting District\\ ill 1m1intain common area landscaping. co111111un a1·en irrignl1011 systems. co111rnLl11 area block walls, street trees. street lights and local street 111aintc11;rncc. Dedication Lo the City is Resolution 53 79

Page 3 ends

Tentative Subcli\isio11 \ l,1p- 2020-16- l(ensi11glon 3 ,\:-+ Conditional l lse Pcm; · '\:o. 2020-13
requirt ,or all landscape and common area lot�·,___, be maintained by the Landscape & Lighting District.
11) If the development wants to incorporate the current project in to the existing Landscape and Lighting District, the applicant shall record a note on final map indicating that all residential lots are subject to a landscape maintenance district pursuant to the Landscape and Lighting Act. 12) If the development wants to incorporate the current project in to the existing I ,andscape and Lighting District, the applicant shall provide for CC&R's with provisions that require maintenance of landscaping and building elevations and with enforcement provisions by the City of Tulare.
13) The applicant shall comply with the requirements of the Public Works Director and City Engineer regarding sewage disposal and water supply facilities.
14) All lots shall meet the provisions of the applicable zoning district. 15) Street names shall be consistent with street naming policy of the City of Tulare and approved by the Street Naming Committee, and subject to approval by the Community & Economic Development Director. 16) Applicant to record a "Right to Farm" notice on final map. 17) Applicant shall submit four copies of a landscape and irrigation plan consistent with the City's landscape ordinance.
18) A 7-foot tall block wall is required along Mooney Blvd and Cartmill Avenue. Final block wall design is subject to the Community& Economic Development Director approval.
19) The final map shall waive access rights for any property backing onto Cartmill Avenue. and Mooney Blvd.
20) Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction. 21) !\pplicant to comply with all pertinent San Joaquin Valley Air Pollution Control District Rules.
22) Recording of the final map is subject to the approval of General Plan Amendment 2020-03 and Zone Amendment No. 742 by the City of Tulare Cit� Council.

Resoluti\rn 5379 Page 4
Tentative Subdi, ision \·l,q1- ::'020-16- Kensington 3 & -1- Conditional l Is,__· Permit '\. ::'1)20-13
23) AppliL , shall continue to work with Caltrans l .,ddress the recommendations for improvements along Mooney Boulevard as set forth in the Caltrans' October 21, 2020 correspondence.
24) Applicant to comply with all mitigation measures and mitigation monitoring and reporting program within the Initial Study/Mitigated Negative Declaration prepared for the Kensington 3 & 4 TSM, General Plan Amendment 2020-03, Zone Amendment 742 and Conditional Use Permit 2020-13.
25) Applicant to provide and locate mailbox clusters as approved by the U.S.

Postmaster, Tulare.
26) The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions.

Pursuant to Government Code Section 66020(d)(a), these conditions constitute a wcitten notice of the mnount of ·uch fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, beings as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later changing such exactions.
27) Applicant to provide a retaining wall wherever adjacent lot grades exceed six inches.

Engineering:

CONDITIONS OF APPROVAL:

SITE PLAN:

Provide a mm11num 200' of separation from the centerline of "B'' A venue to ·'D" Avenue.

The proposed 90 degree elbow at "A" Avenue and ·r Street and the proposed 90 degree elbow at ··c· Avenue and 'T Street shall be replaced with a City standard bulb.

The proposed connection of ·'F' Avenue at Cartmill Avenue ,viii be limited to a rightin/right-out configuration. At the time of off-site improvement plan submittal. if a medim1 sufficient to limit turning movements to right-in/right-out does not exist, a tempot-m) median shall be shovvn on the plans and constructed \vith the project. Temporar) irnprc)\ crncnts me not eligible for reimbursement.

Rcsulution 53 79

Page 5 ends

I cntalivc Subdivision Map- .::(l.:20-16- Kensington 3 & '-+ ; Pmlitio11nl Use Permit Nu. :-':'.::0-13
The street connection �-_. ·E" A venue to the future development;_, the north shall be done usmg reverse curves.

If phasing is proposed. please show phase lines on the proposed site plan.

A temporary turnaround would be required at the northern end of "E" A venue.

At the southwest corner of the development, the proposed landscape lot is 30 feet wide.

Reduce lot width to 10 feet to match existing landscape lot to the west Mooney Ooulevard Cross Section:
• Show cross section location on the proposed site plan • Show landscaping lot behind right-of-way along the project's frontage • Cross section and lane configuration shall be per Caltrans requirements • Remove pavement structural thickness callouts from the proposed cross sections • Show and call out location of block wall
Cartmill Avenue Cross Section
• Show cross section location on the proposed site plan • Remove the R/W callout at the center of the median.
• The proposed median width along the project frontage is 14 feet not 18 feet • The distance from median curb face to curb face shall be 38 feet not 36 feet. • Lane configuration is 12 foot from median and 24 foot to face of curb • Remove the wording "Easement Dedication Reqd" from the Landscape and Lighting District callout
• Remove pavement structural thickness callouts from the proposed cross sections.

Local Street Cross Section
• Show cross section location on the proposed site plan • Provide an additional cross section for local streets with landscaping lots • Remove pavement structural thickness callouts from the proposed cross section. • Site plan shows 11 feet from right-of-way to curb face, but are calling out 5' parkway and 5' sidewalk in the cross section
STANDARD CONDITIONS OF APPROVAL:

SOILS:

The Subdivider shall submit a prelirninary soils report for structural foundation. which shall be prepared by a Registered Civil Engineer based upon aclequak soil test borings.

Said report shall be submitted to the City Engineer or Chid'Building Official.

The Subdi\ icier shall have the soils investigated and make recornrnenclations as to the correct method of trench backlill for the soils encountered in the subcli\ ision so as to assure 90% relative compaction bel\<,,een the select bedding around the pipe tu v,ithin 2 feet of the subbase. The top :::i feet shall be compacted to 95 ° /o relative compaction.

Compaction tests are required on all trenches. All soils testing sh,111 he performed at the sole cost of the Subcli\ider. I he Subdivider shall establish an account \\•ith a licensed and ccrti lied soil-testing ti1111 acceplabk tl1 the City Engineer prio1· Ill the start of constructiL)l1

Page 6 ends

·1 '- 11lc1ti, c Subdi\. is ion [\,lap- 2ll2l 1- I (1- kcnsingtL1n � & -l ,,_\it1n11al l.'sL' I\Tmit t'iP. 2()=i · : ;
for compaction testinL . Jf trench backfill and fills. The City __ ,all order and direct all compaction tests.

STREETS:

Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards. Arterial street widths and design traffic indices shall be as noted in Attachment "A."
Per Section 8.24.450 (A) ( 1) ( d) of the City of Tulare Municipal Code Part-width streets shall contain a minimum of two 12-foot-wide travel lanes, an 8-foot-wicle parking land and a 4-foot paved shoulder.

The structural section of all streets shall be not less than the minimum requirements of the City of Tulare Design Guidelines and Public Improvement Standards. A greater thickness may be required by soils test results and engineered structural section calculations. The design of the pavement structural section for streets shall be asphalt concrete over aggregate base materials.

R-Value tests shall be taken for the design of all pavement areas to be constructed by this project. The spacing of said R-Value tests shall not be more than 400 feet apart, per linear foot of paving.

All streets shall have the City standard cross section with curb, gutter and sidewalk.

All utility services shall be placed in the streets prior to paving.

Compaction tests are reg uired on all street sub grades. All soil testing shall be performed at the sole cost of the Subdivider.

Knuckles and transition curves to knuckles shall have minimum 50-foot radii.

The centerlines of all streets shall be the continuations of the centerlines of existing streets. or shall be offset at least two hundred (200) feet per Section 8.24.450 (A) (2) (b) of the City of Tulare Municipal Code.

The centerline curve radius for roadway design shall be based on the posted speed limit and have a minimum of 250 feet for local streets. 600 feet for collector streets. and 1.200 feet for arterial streets. Provision for a smaller radius shall be subject to the apprmal o!' the Cit) Engineer.

Street monuments shall he installed at locations as required by the Cit) Engineer.

Dri\e\\tl) \vidths and spacing shall conform to requirements of Cit) Code and the City of Tulare Design Guidelines and Public lmprc)\ement Standards.

ResulL1til111 5379

Page 7 ends

Ten Lat,, 1..· Subdivision Map- 2020-1 (J- kc11sington 3 & 4 C(111Lli· , q1;tl Use Permit No. 2020-1 �
Side lines of all lots · vvnerever practicable shall be at right , .. 1gles or radials to the centerline of the street.

Property line chamfers or radii are required at all street intersections per the requirements of the City of Tulare Design Guidelines and Public Improvement Standards.

The maximum slope adjacent to the back of any public sidewalk shall not exceed 5: l for the fir
st 5 feet. For Landscape and Lighting /\ct District parcels. the maximum slope between the back of the sidewalk and the wall or fence shall not exceed I 0: I.

Turnarounds are required at all dead end streets. unless deemed not necessary by the Fire Department, Solid Waste Department and the Engineering Department.

A hc1rricade and a 2" x 8" rough redwood header shall be provided at dead end streets. As an option, an additional I-foot of paving beyond the required limits of paving may be installed in lieu of a redwood header.

In conformance with Section 8.24.450 (A) (I 0) of the City of Tulare Municipal Code, "each street intersection shall be as near to a right angle as practicable." If work by the Subdivider or his contractors render any existing City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer. Thenceforth, the Subdivider shall maintain the street in its repaired state for the duration of the development's construction activities.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer. subject to review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Subdivider shall file vvith the City Engineei· a financial statement. in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. Ir the financial statement is not filed \\ ithin this time period. the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be ewcuted after completion of aJI subdivision improvements. Payment \viii he sub_jcct to the m,ailabilit) of funds.

UTILITY RELOCATIONS AND UND�RGROL'i"iDINC REQL1IR[\·IFNTS.

The Subdivider shall be responsihle for all costs <1ssociatccl \\ith the rcmo\al. relocation and unclcrgrouncling or utilities as neccssar) to acco111111L1date installation l11· the required public irnprn\crnents. All utilit) lines. including hut 110l limited lo electric. co111muniu1tions. street lighting and cahle tele\ ision. sh,1II hl' required to be placed unclergrnuncl in ,1eco1·da11ee \\•ith Section S.2�.5[)() (i\:I) ( 1) of the Cit) lll. I ul..ire i'vlunicipal RL'St)luti\1!·• 5.� 79
·1 cntati\ L' '>llhLli\ ision Map- 20:20-16- k1.w-.i11gtl1n .� & � l\rndi11,1 1• : l -;1_· Permit N\1. �()20-1.�
Code. The cost of h relocations and unclergrounding , II be included in the subdivision bonds. The following locations have existing above ground utilities that will need to be undergrounded:

Street LotatiDn/Descri i;1tion
Mooney Boulevard Across the Project's Frontage/SCE power lines
South of the "C" A venue alignment Power line currently serving the City tank and well.

Sanitary sewers shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

Sewer laterals shall be installed to the property lines of all lots before the streets are surfaced. Laterals shall be located per City of Tulare Design Guidelines and Public Improvement Standards, unless otherwise approved to accommodate driveway approach locations.

All sewer lines shall pass both mandrel and air pressure tests, and shall be subject to video inspection by the City. The cost of one video inspection of the Development's entire sewer line improvements shall be paid prior to recordation of the final map at the rate established at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. Within 90 clays follo"ving the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision irnprowments. Payment will be subject to the availability of funds.

STORM DRAINAGE:

The storm clr:1in system shall be designed and constructed in accordance vvith the City of Tulare Design Guidelines and Public lmpw\'ement Standards.

All pipe sizes \,\here necessary shall be adjusted to carry the design flow at the final design slope.

All gutter runs shall be limited to 1000 feet h;- inst,illing pipe and storm \\ater inlets.

Resolution 5] 79
Tentc:ili\'e Sub,I 1, isiun [Vlap- 2020-16- I<c11s111'..'.l1 111 3 & 4 Conditional ! ._· l\:.Tmit No. 2020-1]
The m1111mum and maximum fall around curb returns shall be 0.64% and 1.5% respectively.

All storm drain linc:s sliall l.Je sul.Jjecl lo video inspection by the City. The cost of one video inspection of the Development's entire storm drain line improvements shall be paid prior to recordation of the final map at the rate established at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.

The City shall reimburse the Subdivider for oversize costs for any facilities designated ·'masterplan facililies'· by the City Engineer, subject to review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

FIRE HYDRANTS:

Fire hydrants are to be located as required by the Fire Chief and City Engineer.

EASEMENTS:

Easements will be required for all utilities outside of declicatecl rights-of way. Six-foot Public Utility Easements will be required along all street frontages unless specified otherwise by the City Engineer.

The S11brlivicier shrill submit to the City of Tulare a title report for areas outside of the parcel to be developed where easements are to be cleclicated for City utilities.

WAlERSUPPLY:

Water mains shall be designed and constructed in accordance with the Citv of Tulare Design Cuiclelines ancl Public Improvement Standards.
\Vatcr sen ices shall be installed to the property line of all lots before the streets are smfoced. Sen ices sh,111 be located per City of Tulare Design Guidelines and Public lmprtnement Standards. The minimum horizontal distance between ,.vater sen ict's and se,,,cr Lltnals (me:1surcd f
r
om outside of pipe to outside of pipe) shall be 10 ket.

The F.ngine'er sh�dl pwpose locations for ,-vatcr sen ices that \,viii accommodate ultimate clri, n, a_' apprnach ll1catinns.

Page
10 l entati, c Subd1,, ,,, 111 \ lap- 2020-16- [<.cnsing.11,1; -� & -l- (\lmlitio1rnl I >c.. 1 ,1i1 '\l1 202()-1 �
Individual I" polyetl .ne water services with meter boxes J meter idlers per City standards shall be installed to all single-family residential lots.

The City shall reimburse the Subdivider for oversize costs for any facilities designated ·'masterplan facilities'' by the City Engineer, subject to review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement. in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Subdivider.

STREET NAMES:

Street names shall be approved by the Director of Planning and Building.

Street name sign posts shall be installed at each intersection as required by the City Traffic Engineer, and the Subdivider shall pay for the new street name signs and mounting hardware prior to recordation of the final map, at the rate established at the time of recordation of the final map. Actual installation of the street name signs shall be completed by City personnel at such time that the development reaches a sufficient state of completion.

TRAFFfC SIGNS:

Types, sizes and locations of traffic signs shall be as required by the City Traffic Engineer and City standards.

PAVEMENT DELINE/\! IPN:

The Subdivider shall install and/or replace traffic stnp1ng. pa,emenl markers. and pavement markings as required by the City Traffic Engineer.

STREET LIGHTS AND ELECTRICAL SERVICE:

The Subdivider must make provisions lor the underground installa.tion of electric,il scn,ices and street lighting. Pole lype shall be marhelitc. Fixture type shall he L[D unless othenvise approved by City Engineer. Design of the street lighting system sli,1II comp!) \\ith the City ol' Tulare Design Guidelines and Public lmpro\ernent Standards. and shall be subject to the approval or the City Lngineer. Subdivider shall prn, ide the Cit:-, Engineer with ,rn i\utoCAD clrn\-\ing file used as the basis of street light layout. ·1 lw cosl of the systems sh,111 be incluc.lecl in the sulxli\ is ion bonds.

Resnlution ':,379
Page
11 I cntati, c �ubcli\ i:--i\l11 \,/:1p- :?.020-16- Kcnsingtun � -:..: -f c·onditionul Lise Pc11' '\,11. 2020-IJ
GAS SERVICE:

The Subdivider must make provisions for the installation of a gas distribution system in all streets and at the sizes determined by the Southern California Gas Company.

PRIVA 12 IRRIGATION PIPELINES:

Existing private irrigation pipelines will need to be removed within street right-of-ways.

IRRIGA TIO CANALS:

Per Section 8.24.500 (H) (I) of the City of Tulare Municipal Code, if any portion (other than TID's Main Canal) of an existing irrigation canal (including ditch banks and maintenance access roads) falls within the development or within City right-of-way affected by the project, said ditch shall be piped, relocated, or abandoned and shall be so designated on the plan drawings. The proposed method of piping shall be shown on one of the master plans, if full piping does not occur within the first phase.

TELEPHONE/ 'ABLE:

The Subdivider must make provisions for the installation of underground telephone and cable service.

EXISTING S l"RUCTURES:

Any existing structures within the subdivision boundary shall be removed.

WELLS:

Any existing wells on the site shall be abandoned and sealed in accordance with City standards.

ELEVATIONS.:,
Any elevations shall be based on the official City of Tulare datum. j� i[p AL CONDIT!( )NS·
A II design and construction shall be in accordance with al I applicable City Standards.

Specifications, Ordinances. and Standard Operating Procedures. unless speci ti call ) modified elsewhere in these conditions. These engineering considerations are intenclecl to deal with major issues apparent to this office \Vhile reviewing this tentative map. Nothing in these conditions precludes our office f
rom appl ) ing other conditions/modifications
Resolution 5379
Page
12 -1 entative Subcli\ision \,l,:p- 20:?.0-16- l(ensington 3 & --+ Conditional Use Permit ' , 2()20-13
necessary t()l· good .;ign, operation, and maintenance of _,,1st111g and future City facilities, as might become rtpparent during design review and/or construction.

A City encroachment permit is required for any work to be performed within existing City rights-of-way or easements. A traffic control plan subject to the approval of the City Engineer is required for any work that will impact existing roadways. Encroachment permits may also be required by the State, Tulare Irrigation District and/or Union Pacific Railroad for any work impacting their rights-of-way, easements or facilities.

ADDITIONAL REQUIREMENTS:

Submit closures and tabulation of areas (square feet) of all lots within the subdivision. A blue line area shall also be submitted.

Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the improvement drawings for final checking.

Following approval of the final map, provide the City of Tulare with an electronic copy.

Following approval of the improvement drawings, provide the City of Tulare with one reproducible copy, four ( 4) prints and an electronic copy. This shall be done prior to scheduling any pre-construction conferences or commencing any improvements. The approved improvement drawings shall become the property of the City of Tulare.

Submit to the City of Tulare a title report for the parcel(s) to be developed.

The Subclivider's engineer will be required to certify in writing that all lot grading has been performed in accordance vvith the approved lot-grading plan prior to issuance of any building permits.

Prior to constructing any improvement that involves City reimbursements, the Subdivider shall submit to the City copies of their contractor's bid prices to be reviewed and approved by the City Engineer. Such work must be performed at prevailing wrige rates to be eligible for reimbursement. If the Subdivider fails to obtain ripproval or· reimbursable costs before the start of construction. the City reserves the right to reduce the reimbursable cost if deemed excessive by the City Engineer.

Prior to the start of construction. a meeting will be called by the City Engineer \Vith the Subdivider. Contractor and all concerned including utility cornprinies to coordinate and schedule \\ork in order tu a\ oicl rill possible delays due tu conflicts ol' operntion am! tu guarantee that all Cit� requirements are met. The Conlrnctor shall perlt)rm 110 construction in the tield until rtl'tcr this meeting.

This pro_ject involves constn1ction activity including ck,uing. grading and e\Cc1\,ltiun \\hich ma) requi1·e the filing ,1 Notice of Intent with the St:1te \,\l ater Resources Contrnl
Board under the Cieneral Pct rnit to discharge storm \.1,ater ,1ssuciatecl "' itli cnnstructiu11 Page
!Ze-;olution 53 79 13
I '"·11luti\ c Suhcli, ision t\·l,q1- :,1.:1(J- I 6- Kensington 3 & --l 1 . \>11ditional l fsc f lcrmil 0iu _' :_�(1- \ .,
activity. the preparad�-.. of a storm water pollution preventi0 .. plan. and monitoring program.

ATTACHMENT "A"
The engineering considerations checked below shall be made a condition of approval of the subject subdivision.
■ l) A master plan for street layout for the entire development shall be submitted for approval prior to approval of any portion thereof.
■ 2) Arterial roadway design criteria shall be as indicated below. Structural section design shall be based upon the indicated traffic index, but shall not be less than the minimum requirements of the City of Tulare Design Guidelines and Public Improvement Standards:

Traffic Sidewal Sidewalk
Roadwa;r Classification Index k Width Configuration
Cartmill Avenue Major Arterial 10.5 6 foot Parkway
Configuration
Mooney Blvd (SR Per Caltrans 8 foot Adjacent 63)
■ The Subdivider shall be responsible for the following m1111mum Arterial improvements:
■ Full paveout f
rom lip of gutter to the existing edge of pavement
D Reconstruction of the following portions of existing pavement:

D Install medians ( curbing only) within the follo"ving frontages:
0 Provide at least
median
feet of paving on the opposite side of the
D Provide stabilized shoulders on the opposite side of the street in accordance with the City of Tulme·s adopted PM-10 control guidelines
D Provide a pavement transition f
rom the existing romh,\ay cross-section
to the nev\ roach\ a) cross-section. of a ,, idlh and length as approved by the City Traffic Engineer
Page
Re:-;ulutio11 53 79 14
l \.'lll�1tive Subdi, ision Map- 202li- l (1- Kensington 3 & ...J. ·;ditional Use Permit No. :::o_�, i ,
■ or; Median improvements in Cartmill 1 ,;nue at "E" Avenue to restrict turning movements to right-in/right-out only as required by City Engineer.

D The Subdivider shall be responsible for the following minimum improvements along existing non-arterial streets adjacent to this development:

D Full paveout. from lip of gutter to the existing edge of pavement D Reconstruction of the following portions of existing pavement:

D Rehabilitation of the following portions of existing pavement, by methods approved by the City Engineer
D Other:
■ 3) Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: Cartmill Avenue, Mooney Boulevard. and on local su·c:ets as shovvn 011 lhe apprnved Site Pla!1.

D 4) Waiver of direct access rights shall be provided as follows: __ _ D 5) The development shall incorporate the following traffic calming measures:

D 6) The development shall incorporate the following bicycle/pedestrian facilities:

D 7) The development shall incorporate City standard bus turnout(s) at the following location(s): __ _
■ 8) In accordance with the Traffic Study prepared by Peters Engineering Group for the Kensington 3 Tentative Subdivision Map and dated August 13, 2020, the following traffic signal and intersection mitigation measures shall be required:
� Intersection or Cartmill Avenue and De La Vina Street - Installation of a tratJic signal is required as a condition of approval for Phase 1 of the Kensington 3 SubcliYiSil1n.
• Intersection or· Pacific Avenue �incl Moonev Boulev�rd (S.R. 63) - Installation of ,7 traffic signal is required as a condition of approval for Phase 4 of the Willcl\\ Glen (a.k.a .. Brighton) Subdivision. • Intersection of Cartmill A, enue and Moonev Boulevard (S.R. 63) - Due to right-of-\,n) constraints on the east leg of Cartmill Avenue preventing the installation of the identified traffic signal modifications. Kensington 3 impacts shall be consiclerccl mitigated through payment of de\,elopment impact kcs. a pol'tion of vvhich shall go tO\vards future construct inn or the irnpn)\ cments.

Page
Resolutiun 5379 15
Tctll<1l1\1...· Subdivision [Vfap- l(J::10-1<, i·,1.:11singto11 3 & '-I Cu11tl , i,>11:li l !se Permit No. l0::1tl- I.�
■ 9) A Landscape & Lighting District was created as part of the original Wtllow Glen Development. Only a portion of the proposed project falls within that original Landscape and Lighting District. The Developer has two options: 1) incorporate the proposed development into the existing Willow Glen Landscape and Lighting District or 2) create a Homeowners Association (HOA) for the maintenance of the proposed landscape lots. A landscape & irrigation master plan for all phases of the suhciivision shall be submitted with the initial phase of developrnenl. The landscape & iJTigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 days before approval of the final map or approval of the improvement plans (whichever comes first). ■ 10) If the development wants to incorporate the current project into the existing Landscape & Lighting District, the Subdivider shall submit a cornpleteci Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minimum of 75 days before approval of the final map or approval of the improvement plans (whichever comes first). The Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls. street trees, street lights and local street maintenance. Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District.
■ 11) A portion of the proposed development falls within the existing Willow Glen master plan. An updated master plan for sewer that includes the proposed development shall be submitted for approval prior to approval of any portion of the system.
■ 12) The sanitary sewer alignments shall be 6 feet north and/or east of street centerline. unless other alignments are approved by the City Engineer. or as follows: ---
13 )A portion of the proposed development falls within the existing Willo\,\, Glen master plan. /\.n updated master plan for storm drainage that includes the prnpused de\·elupment shall be submitted for approval prior to app,w,al of any portiun of the system.
14) :-\ grnding/drainage plan prepared b1 a Registered Civil l::ngineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan sh<11l include existing and pruposed contours. and detail the 111ea11s elf Cl'lkcti\ln and disposal of storm v,,ater runoff from the site ancl adjacent roacl 1·1\111t�1ges in such a manner that runoff is not diverted to adjacent prnpert). Onsite retention ot·storm \\ater rn,wff is required D not required. ·\ ktlcr, eri f\. inu that lot urndinu w,1s completed in accordance,,, ith lht' �,11L1ru, t'd urndin!.!./ clraina!.!.e :_u,111 shall be prepared b, a Reuistcrcdjj_ill Page
Resl1iutil111 ::;_� 7(J 16
I 1..·11tati, '- ·,ubd1, isiun !\lap- 2020-\ 6- l.....1..·1h1ngton] & cJ. l llt1clit1, >'-" l\:rn1it '\p 2020- \ _,
Enl!ineer or. -ensed An.:hilect and sL1bmitted to the C. . En�in�e1· pri0r Lo lhe issuance of a notice of cornpleti0n. The Engjneer or Architect shall a nix their stamp and seal to the letter.
■ 15) The storm drain alignments shall be 1 l feet south and/or vvest of centerline unless other alignments are approved by the City Engineer. or as follows:
■ 16)A portion of the proposed development falls within the existing Willow Glen master plan. An updated master plan for water that includes the proposed development shall be submitted for approval prior to approval of any portion of the system.
■ 17) The water main alignments shall be 6 feet south and/or west of street centerline, unless other alignments are approved by the City Engineer, or as follows:

D 18)Individual water services (1 ½" minimum) with meter boxes shall be installed to all R-M-2 lots.

D 19)A water sampling station shall be installed as follows: __ _ ■ 20)The current emergency drought condition in the City and the entire State, as well as reduced production of certain wells in the City's system due to contamination, along with significant rise in water service demand on the City's system, has created a need for ensuring that future connections to the system do not adversely affect the City's ability to deliver safe water supply to all of its customers. A full analysis of project impacts to the City's overall water system shall be completed at Developer's expense. The analysis shall be based upon the City's official hydraulic model of the system, and shall be performed by the City's selected consultant. The scope and final determination of the analysis shall be subject to the approval of the Public Works Director, whose decision can be appealed to the Board of Public Utilities. Should the hydraulic model show that connection of the project shall have adverse impacts on the City overall water system, the Developer shall be required to mitigate the adverse impacts to the satisfaction of the Public \,\forks Director and Cit)- Engineer prior to approval being granted for connection to the system. 21) Miscellaneous Comments:
/\ 1 x· master plan wetter line is required alonl! the projects l'vloonev Boulevard [·r nLaue.
!-\ I 0 .. master plan sevver line is required alonu the project. Moone\ 13oulevctrd f
rontaue.

A dcdic�1tecl rLciJt turn lane fur suuthbuuncl trai'tic ,ll the intcrsccti(111 llf :vlounC\ Buulc\ard and Cartmill Aven.1!.s:_is r�:quired.

P�1ge
Rcsulutio11 5� 7c) ]7
I entatiH· �u[,di, i:;ion Map- 2020-16- Kcnsi1;c:t(l11 � & -f C.'omlitio11:il i < l\.'rmil No. 2020-1.1
The existing traffic signal located at the northwest corner of Moonev Boulevard and Cartmill Avenue shall be relocated to its ultimate location.

Developer �lrnll install a new curb relurn. per Caltrans requirements. at the northwest corner of Cartmi II venue and Moonev Boulevard.

Developer shall install frontage improvements including curb. gutter. pave-out. sidl;!walk. and landscaping for the existing City well and ,-vater storage l«nk lot at the northwest corner of "B" A venue and "E" Avenue. Said costs shall be rcimbursabk by the City.

Resolution 53 79
Page
18 Tentative Subdi, i:--illl1 f'vlap- 2020-16- Kensingtl'll -� & 4 Conditional tis,_' ''.:1mit No. 2020-13
ATTACHMENT "B"
The Subdivider shall pay to the City at the time of approval of the final map all applicable fees, including, but not limited to, those checked below:

Benefit Districts
□
□
□
□
■
□
1) Sewer front foot charges: $ TBD per front foot for frontages on Cartmill Avenue 2) Sewer Lift Station Fee of$ __ per acre.
3) Water front foot charges: $ TBD per front foot for frontages on Cartmill Avenue. 4) Street front foot charges: $ __ per front foot for frontages on __ . 5) Benefit District Creation Fee (if applicable):$ 1,008 19 per district. 6) Other:

Special In-Lieu Fees
D 6) Traffic Signals Fee: $ __ .
0 7) TIO Ditch Piping Fee: $ __ .

D 8) Sewer Main Fee: $
■ 9) Water Main Fee: $ 17.50 per front foot for frontage on Mooney Blvd. (!11 lieu of installing Master Plan water main).
■ 10) Street Fee: $ TBD. Phase 1 shall pay in-lieu fees for its share of Mooney Blvd. frontage improvements to be constructed with Phase 2.

D 11) Other Fees: $
Plan Check, Inspection, and Impact Fees
12) Engineering Inspection Fee to be based on a percentage of the estimated cost of construction.
13) Development Impact Fees to be paid with Building Permit at rates in effect at time of permit issuance.
14) Engineering Plan Review Fee to be paid at time of submittal 15) Final Map Plan Check Fee to be paid at time of submittal.

All fees shall be based on the current fee schedule in effect at the time of recordation of the final map.

Resolution 53 79
Page
19 Tenlali\,e Subdi, is1u11 \ lt1p- 2020-16- Kensingln11 3 ,\: --1 Conditional Use Pc,; ,1 '\ln. 2020-13
Fire:

I. The project must comply vvith all of the latest applicable codes and standards.

2. Additional fire hydrants shall be required. Fire hydrant spacing shall be as follows:
a. Residential development, one hydrant shall be installed at 500-foot intervals.
b. Divided Highway (applies to both Cartmill Ave. & Mooney Blvd) hydrants shall be installed at 500-foot alternating intervals.

3. An approved water supply for fire protection slta/1 be made available prior to combustible materials arriving on the site.

4. An approved fire apparatus access road shall be provided for every facility, building or portion of a building constructed or moved into or within the City of Tulare. It shall extend to within 150 feet of all portions of the facility and all portions on the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility. The road shall be a minimum of20'wide and have a minimum height clearance ot' 13'6"

5. All roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities.

6. The Fire Code Official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Areas identified as "Fire Lanes .. must be identified as such per requirements set forth in the California Vehicle Code.

7. All dead-end access roads in excess of 150 feet must be provided with an approved turn-around complying with City stancfr1rcis

8. All buildings shall be provided with appro\ eel address identification. A monument sign with the address may be allowed near the street or road f ronting on the
buildings. Numbers and letters shall he on contrasting backgrounds and be a minimum of 4" high.

Solid Waste:

I. Customer responsible for setting cans oul i<Jr sen ice b) 6:00 am and removing cans f
r
om curb. gutte1·. or alle'.' 011 the s,1me dt1_\ c1lte1 sen iced. Customer is responsible for an) \ iolatiuns.
1 Stomforc\ residential c,m ser\ ice. Tr�1sh. green,, astc'urganics and blue recycling cans sen'icecl onct.' ;1 \\ et>k.

Res()lutinn 5379
Page
20 I cntati\ e Suhdi\ isiun \ 1,11 1- :u.20-16- Kensin�tnn 3 L\ ...;.

L',1nditional l :st' Pcm1i1 ' ..:'(J.20-1:;

3. Customer will required to roll container out to curb e, Jley for service.

4. Section 7.16.040 of the Tulare Municipal Code prohibits private companies/haulers f
rom providing refuse services without authorization. Roll Off services for construction and demolition, recycling, compost or green waste and metal are to be provided by the City of Tulare Solid Waste Division. Any Private Roll Off companies/haulers used must be listed on the Board of Public Utilities City Resolution Approved Authorized Haulers List, Resolution No. 07-04.

Commercial Front Load Bin service in the City of Tulare is provided exclusively by the City of Tulare Solid Waste Division only as per Municipal Code (No Exceptions).

Comments: All automated cans will have to be placed at least 3 feet apart for service at the curb.

The main objectives of the City of Tulare's Landscaping Ordinance include conserving water through the selection of plants consistent with Tulare's Mediterranean climate; design of water efficient landscapes; and to enhance the aesthetic appearance of the city by promoting development that is well landscaped, properly irrigated and effectively maintained.

All projects that require a landscaping and irrigation plan pursuant to Chapter 10.196 of MC shall comply with the following development standards:

GENERAL STANDARDS:

All landscape development over 500 square feet (new) or 2,500 square feet (rehabilitated) that requires a permit, plan check or design review shall meet the water efficiency and site redesign requirements detailed in other sections of the Landscape Ordinance Chapter

10.196 of the Municipal Code. The project applicant. and owner (if different) shall sign the Landscape Documentation Package as required in Municipal Code I 0.1 %.060 (B) (I) ( i).

Elements of the Landscape Documentation Package:
(A) Prniccls 2.500 squ.irc kel a11d \es,. Projects 2,500 square feet and less may comply\\ ith the requirement of this chapter by conforming to the prescriptive measures. Compliance\\ ith all of the items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option.
( B) .•\11, rrni �er incl udinu all prnjects over 2.500 square feet: The Landscape Documentation Package shall include the follo\\'ing si:--; elements:
(I) Pro_ject i11frnrnc1tit111:
(a) Date
RL·solution 5379
Page
21 lcntativc Subdi\ision f\·'lcq,- _11�(J-l6- l(ensington 3 & 4 ( ,. 111clitional Use Permit l\l) = iJ-13
(b) Project "l-'
�1licant:
(c) Project address (if available, parcel and/or lot number(s)); (d) Total landscape area (square feet);
(e) Project type (e.g .. new. rehabilitated, public. private, cemetery. homeowner-installed);
(t) Water supply type (e.g .. potable. recycled, well) and identify the local retail water purveyor if the applicant is nor served by a private well; (g) Checklist of all documents in Landscape Documentation Package; (h) Project contacts to include contact information for the project applicant and property owner;
(i) Applicant signature and date with statement ·'J agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."
()) W::iter Efficient Landscape Worksheet;
(a) Hydrozone information table.
(b) Water budget calculations.

I. Maximum applied water allowance (MA WA).

2. Estimated total water use (ETWU).
(3) Soil management report;
( 4) Landscape design plan;
(5) Irrigation design plan: and
(6) Grading design plan.

Landscape and irrigation plans for individual residential lots are to be submitted to the Building Department along with permit submittals for review and approval. A complete copy of the City's landscape standards may be viewed on-line at w,,vw.tulare.ca.gov. 1-\DDITIONAL REQUIREMENTS:

I. All landscaping on city-owned property shall conform to city landscaping and irrigation standards including the City of Tulare Community Services Department (Pr1rks. Recreation and Library Division) Improvements Standards: area specific plans and other applicable documents.

The maintenance and upkeep of all proposed Out lots and Pocket Park arc to be p::nt of the Lctndscctpe and Lighting District that\.\ ill be formed in conjunction \\. ith this subdivision.
}. Proposed Pocket Park is requ]red under Sn1all Lot Ordinance f\!JC' 10.33 at a minimum ration of 225 sq. ft. per unit.
-I. Prnposecl Pocket Park is not eligible for Park Development Impact Fee credits and shall be constructed as part of the proposed subdivision.

Prnposecl Pocket Pwrk and Outlots shall be dedicated to the Cit) upon recordation DI-the prnposed Tentative Subdivision map.

6. Should a storm basin be located on the proposed park site. it is recomrnendecl that a standard retention basin with 3: I side slopes be constructed\\ ithin the northern pmtion ur the proposed Pocket Park site. v\-ith the re111:1ini11g area to be de, clop1:.·cl ,1s ,ll-grnde 1xuh: spc1L·e. Or in the alterm1ti, c if it is desin:d to utilize the entire sik Page
lt,-..,,lu1i\l11 )> 79 22
i .iH.1!i,c Subdi, ision i'vlc1p- .2ll� 11- i (1- ke11singlo11 3 & -I ':l11111�1l l :-L' l\.:rn11t Nl1. _2(\_' '�
as usable park ice combined with a turfed basin. max .1111 sloped shall be 6: 1 with the remainder area to be developed at grade.

7. Proposed Pocket Park amenities shall include but not limited to turf, trees and landscape plantings, 6 ft. wide ADA compliant walking path with low level lighting, and multiple benches and trash receptacles.

8. All Outlot and Pocket Park landscape and irrigation improvement plans shall be reviewed and approved by the Commtmity Services Director and City Engineer.

9. Prior to the start of construction of landscape and irrigation improvements on all outlots and Pocket Park, a meeting will be held by the Community Services Director with the Subdivider and Contractor to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City landscape and irrigation requirements are met. The Contractor shall perform no construction in the field until after this meeting.

All common are landscaping and irrigation areas shall be subject to a 12 month maintenance period after the Notice of Completion has been issued.

PASSED, APPROVED AND ADOPTED this twenty-sixth day of
October, 2020 by the following recorded vote:

A YES: �
I CQ;_µGl--U).,� c....-)'. I
NOES: 0-,,
ABSENT: =v_-_________________ _
ABSTAIN: �
Rcsolutinn 5379
y· r
11-�_

CHUCK MIGUEL, CHAIRMAN
City of Tulare Planning Commission
Page
23 Tl·nt,lli, c Subdivision Map- 2020-1 (,- 1---:cnsington J & '+ Clln,; ;1)11<\I Use Permit No. 2020-1'
1 RECORDING REQUESTED BY:
2 3 City of Tulare
4 411 East Kern A venue
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 , 2022, by and 19 between PRESIDIO JJR KENSINGTON II 100, LLC, A Delaware Limited Liability Company 20 Bv: JJR Management Services, Inc. A California Corporation, its Operating Manager, 21 hereinafter referred to as the "Applicant", and the CITY OF TULARE, hereinafter referred to as the 22 "City";
23 24 W I T N E S S E T H
25 26 WHEREAS, the Applicant has received approval through Resolution 5379 approving Kensington 27 Estates 3 & 4 subdivision on Assessor's Parcel Numbers 149-060-046, 149-460-041 to 062, 149-480- 28 034 to 049, 052 to 060, 149-500-025 to 031, (hereinafter referred to as the "Property") located in the 29 City of Tulare, County of Tulare, State of California; and 30 31 WHEREAS, the City of Tulare Planning Commission placed engineering conditions of approval on 32 the project, attached herewith as Exhibit "A" and incorporated by reference herein, the project was 33 subject to certain conditions, including the requirement that at the intersection of Cartmill Avenue and 34 De La Vina Street the Applicant shall install a traffic signal and intersection mitigation measures .. 35 (hereinafter referred to as the "Improvements"); and 36 37 WHEREAS, the Applicant has requested that such Improvements be deferred for a maximum of two 38 (2) years or unti I the notice of completion of Kensington Estates Phase 3, whichever one occurs first; 39 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 Tulare 43 Municipal Code Section 8.24.510 (C) to that future point in time when such Improvements are 44 required by the City Engineer to be constructed; and 45 1 WHEREAS, the Applicant has indicated a willingness to enter into such an improvement agreement 2 upon the terms and conditions set forth herein below; 3 4 NOW, THEREFORE, BE IT AGREED as follows:
5 1. Construction oflmprovements. The Applicant hereby agrees, in consideration of the engineering 6 conditions of approval for Resolution 5379, to construct or cause to be constructed the Improvements 7 specified in Engineering Conditions No. 8, of said City of Tulare Planning Commission conditions 8 within ninety (90) days ofreceipt of a written demand by the City Engineer. Said Improvements shall 9 be constructed in compliance with all applicable City standards, including all amendments adopted 1 0 hereafter.
11 12 2. Development Impact Fees. The Applicant covenants and agrees to timely pay all current, relevant 13 and pertinent Development Impact Fees, and any other current and applicable permit or processing fees 14 as of the period of time wherein City makes a written demand for construction as defined in Section 1 15 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 $584,545.00, which represents 115% 19 of the estimated construction cost of the Improvements enumerated in Section 1 above, which the 20 City can claim in the event that Applicant fails to construct and complete the Improvements within 21 the time limits set forth in Section 1, and consistent with Section 7 herein. The bond shall be in the 22 form acceptable to the City Engineer and City Attorney. In the event the Performance Bond expires 23 prior to the encl of the Term of the Agreement, Applicant shal I give notice to City prior to ninety (90) 24 days of the expiration or termination of the Bond and renew said bond for the amount of 115% of the 25 estimated construction costs of the Improvements enumerated in Section 1 above. The City Engineer 26 shall estimate that cost of construction at the time of renewal and shall require the amount of the 27 renewal Bond to meet or exceed that estimated cost of construction defined by the City Engineer. The 28 Applicant shall secure payment under this agreement by obtaining a Labor and Materials Bond or 29 other acceptable security in the amount of $292,272.50, which represents 50% of the Performance 30 Bond or other acceptable security, to secure payment to all contractors and subcontractors performing 31 work on said Improvements and all persons furnishing labor, materials or equipment to them for said 32 Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, 33 or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in 34 favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the 35 City's recordation of a Notice of Completion, and prior to the passage of the time within which claims 36 of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 37 38 Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final 39 acceptance by the City shall be repaired or replaced by Applicant before any securities are released. 40 Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon 41 condition.
42 43 Remedy of Defects. Applicant shall remedy any defective work, labor or materials related to the 44 Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which 45 occur within a period of one year from the elate of final acceptance of the Improvements by City. Prior 46 to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
shall be provided by Applicant, in the amount of $58,454.50, which represents 10% of the Performance Bond or other acceptable security, and shall be released one year following final acceptance, less any amount required to remedy defective work.

4. Term of Agreement. The term of this Agreement shall be two (2) years from the date of execution of this Agreement or until the notice of completion of Kensington Estates Phase 3, whichever one occurs first. In the event that City has not made a written demand for the Applicant to construct the subject Improvements prior to 90 days before the end of the term of this Agreement, Applicant shall be obligated, without written request by the City to construct and complete the subject Improvements enumerated in Section 1 above.

5. Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the City, Applicant expressly agrees to, and shall, indemnity, defend, release, and hold the City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, and lien, which arises out of, or are in any way related to, any act or omission of Applicant, or its officers, directors, employees, agents, or contractors, connected with the performance under this Agreement, the construction, use, or operation of the Project, notwithstanding that the City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Applicant's officers, directors, employees, agents and contractors. The City shall not be responsible for any acts, errors or omissions of any person or entity except the City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Applicant under this Section shall survive the expiration or early termination of the Agreement.

6. Notices. All notices or written demands to be given pursuant to this Agreement by either party shall be mailed by certified mail, return receipt requested, addressed as follows:

Applicant: Presidio JJR Kensington II 100, LLC
a Delaware Limited Liability Company
5607 A venida de Los Robles
Visalia, CA 93720
City: City Engineer
411 E. Kern Avenue
Tulare, California 93274
Each party shal I promptly notify the other in writing of any change in that party's mailing address. 1 7. Default and Remedies.
2 3 a. Default. Applicant's failure or unreasonable delay to perform any term or provision of 4 this 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 shall 6 not constitute a waiver of the Default. If the Applicant fails to cure the Default within thirty (30) clays 7 after receipt of a notice specifying the Default, or, if the Default is of a nature that cannot be cured 8 within thirty (30) days, the Applicant fails to commence to cure the Default within said thirty (30) clays 9 and thereafter diligently prosecutes such cure to completion, then the Applicant shall be liable to the 10 City for any and all damages caused by such Default. 11 12 b. No Waiver. Failure to insist on any one occasion upon strict compliance with any of 13 the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant, or 14 condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or 15 more times be deemed a waiver or relinquishment of such other right or power at any other time or 16 times.
17 18 c. Legal Action. In addition to any other rights and remedies any party may institute a 19 legal action to require the cure of any default and to recover damages for any default, or to obtain any 20 other remedy consistent with the purpose of this Agreement. The following provisions shall apply to 21 any such legal action.
22 23 i. Legal action must be instituted and maintained in the Superior Court of the County 24 of Tulare, State of California.
25 26 ii. The laws of the State of California shall govern the interpretation and enforcement 2 7 of this Agreement.
28 29 iii. ln the event either party commences an Action against the other party which arises 30 out of a Default of, breach of, failure to perform, or that is otherwise related to, this Agreement, then 31 the Prevailing Party in the Action shall be entitled to recover its litigation expenses from the other party 32 in addition to whatever relief to which the prevailing party may be entitled. For the purpose of this 33 section, "Prevailing Party" shall have the meaning ascribed in section I 032(a)(4) of the California Code 34 of Civil Procedure.
35 36 8. Recorclation of Agreement. Upon execution of the Agreement by the City and the Applicant, this 3 7 Agreement sh al I be recorded in the Office of the Tulare County Recorder. From and after the date of 38 recorclation, the terms and conditions of said Agreement shall be binding upon the heirs, executors, 39 administrators, grantees, and successors.
40 41 9. Modification. This Agreement shall be amended or modified only with the prior written consent 42 of all parties thereto and any such amendment shall be recorded forthwith in the Office of the Tulare 43 County Recorder.
44 45 10. Interpretation. The City and Applicant acknowledge that this Agreement is the product of mutual 46 negotiation and drafting and each represents and warrants to the other that it has been represented by 1 legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction 2 which provides the ambiguities in a document shall be construed against the drafter of that document 3 shall have no application to the interpretation and enforcement of this Agreement. In any action or 4 proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence 5 not in direct conflict with any specific provision of this Agreement to determine and give effect to the 6 intention of the parties hereto.
7 8
9 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first 10 above written.
11 12
13 14
I 5
16 17
18 "City"
19 20
21 President of the Counci I and Ex-Officio
22 Mayor of the City of Tulare
23 24 ATTEST:
25 26
27 Chief Deputy City Clerk and Clerk
28 Of the Council of the City of Tulare
29 30 Approved as to form:
31 32
33 City Attorney
34 35
36 37
38 39
40 41
42 43
44 45
46 Cl'l'Y OP 'l'VLARR

COST ESTIMATE
PROJECT:

PREPARED BY:

Kensington 3 & 4 Off-site Improvements - De La_Vina St & Cartmill Ave Traffic Signal T. Trevino DAT May 19, 2022
STREET and MISCELLANEOUS ITEMS

UNIT COSTS COST OF

IMPROVEMENTS COST OF

IMPROVEMENTS DEFERRED UNTIL UNCOMPLETED COST OF COMPLETED ITEM Cost Unit Quantity Bonded COMPLETED BUILDING BONDED ITEMS BONDED ITEMS Excavation
Existing Street $36.39 CY Yes No
Interior Street $5.66 CY Yes No
Import fill $10.00 CY Yes No
Redwood Header $5.66 LF Yes No
Delineators $86.74 EA. Yes No
Barricade - . -
Full $2,494.71 EA. Yes No
Partial $1,248.30 EA. Yes No
Lot Grading $446.90 LOT Yes No
Clear & Grub $224.40 AC Yes No
Property Stakes $54.68 EA. Yes No
Signs $363.93 EA. Yes No
Pavement Markings $186.68 EA. Yes No
Streets Lights $5,000.00 EA. Yes No
SCE Relocations $164,559.00 LS Yes No
Street Monument $337.52 EA. Yes No
Landscaping $3.00 SF Yes No
Traffic Signal Installation $508,300.00 LS 1 Yes No $508,300.00 Fence " "
wlo Slats $18.85 LF Yes No
wl Slats $32.06 LF Yes No
Gates - -- -
3' $394.10 EA. Yes No
12' Double $1,038.99 EA. Yes No
Mow Strip $11.32 LF Yes No
Soil Testing $4,157.86 LS Yes No
Retaining Wall $13.19 LF Yes No
Block Wall $88.65 LF Yes No
Raise manholes to grade $517.11 EA. Yes No
Raise valve boxes to gradE $369.36 EA. Yes No
TOTAL MISCELLANEOUS ITEMS $508,300.00
TOTAL OF IMPROVEMENTS=
CONTINGENCY=
GRAND TOTAL (BONDED IMPROVEMENTS ONLY)=
BONDS
PERFORMANCE (115% UNCOMPLETED, 10% COMPLETED)=
PAYMENT (50% OF PERFORMANCE BOND)=
MAINTENANCE (10% OF PERFORMANCE BOND)=
NIA
NIA
NIA
NIA
$508,300.00
115%
$508,300.00
$584,545.00
$292,272.50
$58,454.50
NIA

Page 1 of 1 ends

Tulare City CouncilJune 21, 2022

Tulare City Council
June 21, 2022