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 6, 2023
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 the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. Additional meetings of the City Council may be called as needed.
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 Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.
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 agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Public 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.
Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation 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.
Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Regular Meetings June 6, 2023
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE AND INVOCATION - Bishop Joe Taylor of Tulare Church of God to deliver invocation.
3. PRESENTATIONS
3.1 Proclamation for LGBTQ+ Pride Month, June 2023.
3.2 Proclamation for National Dairy Month, June 2023.
3.3 Japanese Internment Camp Memorial.
3.4 Tulare Chamber of Commerce Annual Report by CEO Donnette Silva-Carter.
4. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are 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.
5. 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. Public comments will be limited to three minutes per topic unless otherwise extended by Council.
6. COUNCIL REPORTS AND ITEMS OF INTEREST
6.1 Proclamation for Juneteenth to be presented by Councilmember Mederos at event.
7. 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 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.
7.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
7.2 Special and/or Regular Meeting Minutes of May 16, 2023, and May 23, 2023.
Recommended Action: Approve as submitted. [M. Hermann]
7.3 Parking and Business Improvement Area Assessments.
Recommended Action: Approve the report filed by the Tulare Downtown Association Board of Directors as the appointed Advisory Board for the Parking and Business Improvement Area; and adopt a resolution of intention to levy an annual assessment for Fiscal Year 2024 and set a public hearing to levy the proposed assessments on June 20, 2023. [D. Ibanez]
City Council Agenda – Regular Meetings June 6, 2023
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7.4 Surplus Vehicles.
Recommended Action: Adopt a resolution authorizing the surplus of City vehicles. [M. Reed]
7.5 Final Map Acceptance – Villa Toscana Phase 1.
Recommended Action: Approve the Final Map and subdivision improvement agreement for Phase 1 of Villa Toscana subdivision for recordation, and accept all easements and dedications offered to the City. [M. Miller]
7.6 Paige Avenue Water Line/Union Pacific Pipeline Crossing Agreement.
Recommended Action: Authorize the City Manager to execute a pipeline crossing agreement with Union Pacific Railroad for a 12-inch water main crossing at Paige Avenue and the Union Pacific Railroad, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
7.7 Letter of Support for a Safe Streets for All (SS4A) Grant Application by the County of Tulare.
Recommended Action: Authorize the Mayor to sign a letter of support for a Safe Streets for All (SS4A) grant application by the County of Tulare to fund an intersection improvement project at Cartmill Avenue (Ave 248) and West Street (Rd 92). [M. Miller]
7.8 Award Contract to NBS for Downtown PBID Study.
Recommended Action: Approve the execution of a Professional Services Agreement with NBS in an amount not to exceed $117,100 to assist the City in re-examining the Downtown Special Benefits Property Assessment Districts. [T. Myers]
7.9 Application for Permission to File a Late Government Claim.
Recommended Action: Deny the Application for Permission to File a Late Government Claim with the City of Tulare filed on May 18, 2023, by Daniel Uzi Frydman on behalf of Christopher Joaquin Perez. [J. Avila]
7.10 Intent to Establish Sister City Relationship.
Recommended Action: Approve a letter of intent to establish a new Sister City relationship with Jalostotitlán, Jalisco, Mexico; and adopt a resolution endorsing the new Sister City relationship. [M. Mondell]
7.11 Ford F-150 Truck Purchase for the Office of Safety, Compliance and Facilities.
Recommended Action: Award the purchase of one (1) new/unused 2023 Ford F-150 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $55,507.11, which includes all fees, tax, and shipping. [T. Whitfield]
8. 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.
8.1 Energy Services Agreement Change Order and Financing Approval.
Recommended Action: Approve Change Order No. 001 adding new HVAC units at the Tulare Youth Center and Animal Shelter for $897,824; and adopt a resolution authorizing the City to enter into an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation to finance energy efficient equipment, solar City Council Agenda – Regular Meetings June 6, 2023
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energy generation equipment, and other improvements in an amount not to exceed $14,000,000. [M. Mondell]
9. 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.
9.1 Fiscal Year 2024 Budget Review.
Recommended Action: Review the proposed Fiscal Year 2024 budget and provide direction thereto; and review the current balance of the Fiscal Year 2023 Council Travel Funds and Community Improvement Funds and provide direction thereto. [D.
Ibanez]
9.2 ARPA Funds Allocation Approval.
Recommend Action: Approve the allocation of expenditures of American Rescue Plan Act (ARPA) Funds toward councilmember-identified programs and projects; and adopt a resolution approving the expenditure of ARPA funds. [J. McDonnell]
10. FUTURE AGENDA ITEMS - NONE SUBMITTED
11. STAFF UPDATES
12. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, June 20, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare, California.
AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this notice and agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).
DATE & TIME POSTED: Friday, June 2, 2023 at 12:00 p.m.
Melissa Hermann, Chief Deputy City Clerk
OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: June 6, 2023 Agenda Memo
Date: June 2, 2023
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. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE AND INVOCATION - Bishop Joe Taylor of Tulare Church of God to deliver invocation.
3. PRESENTATIONS [Time Estimate: 7:05-7:40 p.m.]
3.1 Proclamation for LGBTQ+ Pride Month, June 2023.
3.2 Proclamation for National Dairy Month, June 2023.
3.3 Japanese Internment Camp Memorial.
3.4 Tulare Chamber of Commerce Annual Report by CEO Donnette Silva-Carter.
4. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are 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. [Time Estimate: 7:40-7:50 p.m.]
5. 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. Public comments will be Tulare City Council Page 2
Agenda Memo – June 6, 2023
limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:50- 7:50 p.m.]
6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:50-7:55 p.m.]
6.1 Proclamation for Juneteenth to be presented by Councilmember Mederos at event.
7. 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 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. [Time Estimate: 7:55-8:05 p.m.]
7.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
7.2 Special and/or Regular Meeting Minutes of May 16, 2023, and May 23, 2023.
Recommended Action: Approve as submitted. [M. Hermann]
7.3 Parking and Business Improvement Area Assessments.
Recommended Action: Approve the report filed by the Tulare Downtown Association Board of Directors as the appointed Advisory Board for the Parking and Business Improvement Area; and adopt a resolution of intention to levy an annual assessment for Fiscal Year 2024 and set a public hearing to levy the proposed assessments on June 20, 2023. [D. Ibanez]
Summary: On May 5, 1987, the City Council adopted Ordinance 1523 establishing the Parking and Business Improvement Area ("Area”) to fund property-related improvements and activities within the designated boundaries (direct benefit) in the downtown area. The Area is split into two zones: Zone A (Primary Benefit Zone) and Zone B (Secondary Benefit Zone).
There are assessments and charges fixed and levied on business located within the Parking and Business Improvement Area. The following table provides the assessments for each Zone. Assessments are due at the same time business license fees are due.
Zone A (business license required) 175% of business license fee Zone A (business license not
required)
$30/employee*; min. semiannual
assessment of $200, max. semiannual
assessment of $1,000
Zone B (business license required) 87.5% of business license fee Zone B (business license not
required)
$17.57/employee*; min. semiannual
assessment of $122.06, max. semiannual
assessment of $610.33
*Employed for at least 20 hours per week
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Agenda Memo – June 6, 2023
Revenue generated from the collection of the assessments for the Area may be used for acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains.
Revenue may also be used for promotion of activities including, but not limited to, promotion of public events which benefit businesses in the Area and take place on or in public places within the Area, furnishing music in any public place in the Area, and activities which benefit businesses located and operating in the Area.
An Advisory Board was appointed by Council as required by the Ordinance to make recommendations on the expenditure of revenues derived from the levy of assessments, on any proposed changes to the Area including any benefit zones within the Area, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. The Advisory Board is required to prepare and submit a report for each fiscal year which shall include the following:
1. Any proposed changes in the boundaries of the Area or benefit zones within the Area.
2. The improvements and activities to be provided for the fiscal year.
3. An estimate of the cost of providing the improvements and activities for the fiscal year.
4. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against their business for the fiscal year.
5. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
6. The amount of any contribution to be made from sources other than the assessments levied.
Following the creation of the Parking and Business Improvement Area, the City Council appointed the Tulare Improvement Program Corporation, now known as the Tulare Downtown Association, as the Advisory Board and has continued to serve as such since then. The report filed by the Tulare Downtown Association for Fiscal Year 2024 is attached for Council review. Once Council approves the report, Council shall adopt a resolution of intention to levy an annual assessment for Fiscal Year 2024 and set a public hearing for same. The City Clerk’s Office will give notice of the public hearing by publishing the resolution of intention once in a newspaper of general circulation in Tulare not less than seven days before the public hearing.
7.4 Surplus Vehicles.
Recommended Action: Adopt a resolution authorizing the surplus of City vehicles. [M. Reed]
Summary: The Fleet Control Budget was established in order to allow the Fleet Maintenance Division to bill departments for City vehicles, to recommend replacements, and properly size and make vehicles available to departments based on their needs.
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Agenda Memo – June 6, 2023
The following vehicles have been removed from service. These units have been inspected by Fleet Maintenance and have reached the end of useful life or have damage not economically feasible to repair.
Unit # Year Make Model Department Comments
220 2007 Ford Escape Engineering
3032 2011 Ford Crown Victoria Police
3030 2011 Ford Crown Victoria Police
3021 2011 Ford Crown Victoria Police
3113 2015 Ford Interceptor Police
3158 2020 Ford Interceptor Police accident
3155 2020 Ford Interceptor Police accident
3033 2011 Ford Interceptor Police
765 2000 Lee Boy Paver Public Works – Streets
2021 2008 Star craft Bus Transit
2026 2009 Blue Bird Bus Transit
2027 2009 Blue Bird Bus Transit
0113 1996 HME Fire Apparatus Fire
7.5 Final Map Acceptance – Villa Toscana Phase 1.
Recommended Action: Approve the Final Map and subdivision improvement agreement for Phase 1 of Villa Toscana subdivision for recordation, and accept all easements and dedications offered to the City. [M. Miller] Summary: Planning Commission Resolution No. 4333 adopted on June 21, 2004, approved the tentative map for Pleasant Oak Phases 5, 6 & 7 subdivision; the remaining portion was renamed Villa Toscana Phase 1 and is located at the northwest corner of Cross Avenue and West Street. The overall subdivision comprises approximately 20.26 acres. The proposed subdivision is being developed in phases.
Phase 1 of Villa Toscana subdivision consists of 6 multi-family residential lots and 18 single-family lots. The Subdivider is actively working to complete the final map. To expedite the final map approval process, the Subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60-days. Such requests have routinely been accommodated.
7.6 Paige Avenue Water Line/Union Pacific Pipeline Crossing Agreement.
Recommended Action: Authorize the City Manager to execute a pipeline crossing agreement with Union Pacific Railroad for a 12-inch water main crossing at Paige Avenue and the Union Pacific Railroad, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: As part of the Paige Industrial Project located on the south side of Paige Avenue 900 feet west of ‘I’ Street, the developer is required to extend a 12-inch water main in Paige Avenue from its existing terminus just west of ‘K’ Street to a connection Tulare City Council Page 5
Agenda Memo – June 6, 2023
point located approximately 3,000 feet west of ‘K’ Street. The extension of the proposed water main will require crossing under the Union Pacific Railroad tracks just east of ‘I’ Street. Union Pacific Railroad requires a crossing agreement for any utility crossing of their facilities.
7.7 Letter of Support for a Safe Streets for All (SS4A) Grant Application by the County of Tulare.
Recommended Action: Authorize the Mayor to sign a letter of support for a Safe Streets for All (SS4A) grant application by the County of Tulare to fund an intersection improvement project at Cartmill Avenue (Ave 248) and West Street (Rd 92). [M. Miller] Summary: The Tulare County Resource Management Agency has requested that the City of Tulare provide a letter of support for their Safe Streets for All (SS4A) grant application to construct improvements at the intersection of Cartmill Avenue (Ave 248) and West Street (Rd 92).
A draft letter of support is attached for Council’s consideration.
7.8 Award Contract to NBS for Downtown PBID Study.
Recommended Action: Approve the execution of a Professional Services Agreement with NBS in an amount not to exceed $117,100 to assist the City in re-examining the Downtown Special Benefits Property Assessment Districts. [T. Myers] Summary: Special benefit property assessment districts are established to provide improvements and services to an area within the City limits which otherwise may not be provided to stakeholders of the district. Although specific planning and establishment of the process depends on the type of district being considered, in many cases the formation of special assessment district requires a formal process and public hearings.
On March 7, 2023, in concert with the City’s efforts to rehabilitate Downtown Tulare, City Council approved the issuance of a Request for Proposal to seek a qualified firm to re-exam the feasibility of creating a downtown special benefits property assessment district. The consultant will be responsible for recommending the type of special assessment district most beneficial to the downtown; development of a database of stakeholders and stakeholder priorities; development of an implementation plan outlining long term needs of the downtown (ie. maintenance, marketing, special events, lighting, landscaping, security, etc.); manage any outreach or communications strategies to stakeholders; and attend any City Council meetings as deemed necessary.
Staff received two responses to the Request for Proposals; (1) NBS; and (2) New City America, Inc. The two proposals were evaluated by staff and members of the Tulare Downtown Association.
After review, it was determined that both firms were very competent and capable of carrying out the required services. However, the following factors stood out in favor of NBS:
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• NBS can complete the project within 8 months versus 12 months by New America;
• NBS offers expertise in a variety of funding mechanisms for municipal government including special taxing districts and will recommend the best approach after input and analysis;
• NBS provided several recent examples of special district work within the past couple of years whereas most of New America’s special district work appears to be in the past outside of district management; and
• NBS provided detailed resumes for the project team members.
7.9 Application for Permission to File a Late Government Claim.
Recommended Action: Deny the Application for Permission to File a Late Government Claim with the City of Tulare filed on May 18, 2023, by Daniel Uzi Frydman on behalf of Christopher Joaquin Perez. [J. Avila] Summary: On May 18, 2023, the City was served with an application for permission to file a late claim by Christopher Joaquin Perez pursuant to Government Code §911.4. Mr. Perez claims he sustained injuries as a result of a dog bite on his calf at a private residence on June 12, 2022. His attorney, Daniel Uzi Frydman, claims that Mr.
Perez’ failure to timely file a government claim with the State of California is an excusable mistake, and as a result, he is asking the City to accept his claim which expired on December 12, 2022. Additionally, they are claiming that the delay in filing is understandable in context of all the Covid-19 related shutdowns and the fact that Governor Gavin Newsom issued Executive Order N-71-20 extending the six-month period for which to file a government claim to May 12, 2023.
AIMS, who handles claims processing for the City through the Risk Management Authority, has reviewed this application and found that the reasons stated for the late claim filing does not meet the criteria for late claim acceptance under the California Government Code.
7.10 Intent to Establish Sister City Relationship.
Recommended Action: Approve a letter of intent to establish a new Sister City relationship with Jalostotitlán, Jalisco, Mexico; and adopt a resolution endorsing the new Sister City relationship. [M. Mondell]
Summary: On May 16, 2023, Councilmember Sigala requested, and the Council approved, an item to consider the establishment of a new Sister City relationship with Jalostotitlán, Jalisco, Mexico. As part of this effort, a letter of intent has been drafted and submitted for Council review and approval. This will initiate the process for formally establishing this relationship.
The Hispanic Alliance for Culture, Education, and Recognition (HACER) has agreed to take lead in this process.
7.11 Ford F-150 Truck Purchase for the Office of Safety, Compliance and Facilities.
Recommended Action: Award the purchase of one (1) new/unused 2023 Ford F-150 Tulare City Council Page 7
Agenda Memo – June 6, 2023
truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $55,507.11, which includes all fees, tax, and shipping. [T. Whitfield]
Summary: The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one (1) new/unused 2023 Ford F-150 XL 4WD SuperCrew truck from National Auto Fleet Group, of Watsonville, CA in the amount of $55,507.11.
The proposed truck will replace unit #147 which is a 2007 Ford Expedition currently driven by Manny Correa, with the Office of Safety, Compliance and Facilities. This vehicle is currently requested for replacement in the FY 2023/24 Fleet Replacement budget in the amount of $60,000. The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. On May 31, 2023, National Auto Fleet Group advertised one 2023 Ford F-150 up for purchase on a first come first serve basis. The Fleet Superintendent made contact and was able to secure the vehicle. Due to the time constraints, the City Manager approved the issuance of a purchase order to secure the truck. If the City Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.
8. 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.
8.1 Energy Services Agreement Change Order and Financing Approval. [Time Estimate: 8:05-8:35 p.m.]
Recommended Action: Approve Change Order No. 001 adding new HVAC units at the Tulare Youth Center and Animal Shelter for $897,824; and adopt a resolution authorizing the City to enter into an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation to finance energy efficient equipment, solar energy generation equipment, and other improvements in an amount not to exceed $14,000,000. [M. Mondell]
Summary: On April 25, 2023, a special City Council meeting was held to consider certain energy efficiency improvements proposed by ENGIE Services U.S. (“ENGIE”).
At that time, the Council requested several additional items be considered for inclusion with the project. A public hearing was then held on May 16, 2023, in order to receive public input regarding an energy services agreement the City was considering entering into with ENGIE. The agreement did not include any of the additional items Council requested be considered as more time was needed to conduct an analysis of the feasibility of those items. Following the hearing, Council approved the agreement with the intent of a contract amendment being brought in the near future to include the additional items requested. That contact amendment in the form of a change order is under consideration this evening.
Following ENGIE’s analysis of the additional requested items, adding new HVAC units at the Youth Center and Animal Shelter are the only items included in Change Order Tulare City Council Page 8
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No. 001. This will add an additional $897,824 to the project, bringing the project total to $12,895,898. The price of the Youth Center is $659,446 and the Animal Shelter is $238,358. ENGIE is recommending the City keep a provision in the financed amount for the following potential extra costs:
1. ENGIE is unsure if the Gymnasium and Kaos Club walls would need to be insulated. Much depends on what the Building division will require. If required, it will cost approximately $100,000.
2. ENGIE is reasonably sure that the electrical services to the Youth Center will need to be upgraded; however, that is determined by Edison. ENGIE has not included that cost which is approximately$200,000.
The City is proposing to enter into an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation to finance energy efficiency equipment, solar generation facilities, and other improvements identified by ENGIE Services U.S. as providing energy efficiency, reliability, and other benefits to the City. Based on financial analysis provided by ENGIE, the project is expected to result in a net financial savings of over $10,000,000 to the City over the next 30 years with savings generated every year. Key project components include:
• Installation of new higher-efficiency HVAC units at a number of City buildings to upgrade and replace aging HVAC equipment to improve energy efficiency, reliability and indoor air quality;
• Replacement or retrofit of older generation lighting with new, more efficient and longer lasting LED lighting at various City buildings, parks and sports fields; • Installation of solar photovoltaic generation equipment as solar parking canopies at the City Hall, City Library, Community & Activity Center, and Senior Center.
On May 9, 2023, the City obtained a proposal from the Banc of America Public Capital Corporation’s Energy Services Group to finance the project via a tax-exempt Equipment Lease/Purchase Agreement with a fixed 3.85% annual interest rate and repayment term of approximately 20 years. Based on evaluation by Bartle Wells Associates, acting as the City’s independent financial advisor, the proposal was deemed to be very competitive and beneficial to the City. The interest rate is locked in until early July 2023, hence the City has been moving forward to complete and close the lease financing by the end of June 2023.
Lease payments will be structured to roughly correspond with annual cost savings derived from the project improvements and result in net savings to the City every year through final lease repayment in approximately 20 years. Savings is projected to continue for at least an additional 10 years as the project is expected to continue providing financial benefits to the City after the lease is fully repaid. As proposed, the lease can be prepaid or refunded on any payment date with a 2% prepayment premium.
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If authorized, the City would adopt a Resolution authorizing the City to enter into an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation to finance the project in an amount not to exceed $14,000,000 at an interest rate not to exceed 4.25%. These not-to-exceed amounts are a little higher than the anticipated final project cost and proposed 3.85% interest rate in order to provide a little buffer in case of unanticipated project changes or in case the financing is not closed until after the interest-rate lock period which could result in a change in the interest rate as specified in the bank’s financing proposal.
The Resolution also approves of the form of the following legal documents • Equipment Lease/Purchase Agreement – This agreement details the key terms of the lease financing. Under this agreement, Banc of America Public Capital Corporation agrees to provide funds for the City’s acquisition of the project, and the City covenants to budget and appropriate funds each year as needed to pay annual lease payments. The agreement is further secured by the equipment being acquired. If the City fails to make lease payments as scheduled, the City is obligated to cease use of the equipment and return the equipment to the bank at the City’s expense.
• Escrow and Account Control Agreement – This agreement establishes an escrow account to hold the project funds on the City’s behalf by Wilmington Trust, National Association, as Escrow Agent. Under the agreement, the City can submit Disbursement Requests as needed to pay project costs.
9. 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.
9.1 Fiscal Year 2024 Budget Review. [Time Estimate: 8:35-9:00 p.m.] Recommended Action: Review the proposed Fiscal Year 2024 budget and provide direction thereto; and review the current balance of the Fiscal Year 2023 Council Travel Funds and Community Improvement Funds and provide direction thereto. [D.
Ibanez]
Summary: Continued review of the proposed 2023-24 Budget that provides a preliminary overview of the City’s overall budget. Each councilmember received budget flexsheets for the general fund and department showing their proposed expenditure. A PowerPoint presentation will summarize the budget by various categories and their net operation.
Staff will also provide Council with an update of their department FY 22-23 budget.
9.2 ARPA Funds Allocation Approval. [Time Estimate: 9:00-9:15 p.m.] Recommended Action: Approve the allocation of expenditures of American Rescue Plan Act (ARPA) Funds toward councilmember-identified programs and projects; and adopt a resolution approving the expenditure of ARPA funds. [J. McDonnell] Tulare City Council Page 10
Agenda Memo – June 6, 2023
Summary: The City of Tulare has received $18,024,068 million in ARPA funds from the federal government. The City Council allocated $17,081,803 of this total towards projects and programs of a City-wide benefit.
In April 2022, the City Council opted to divide the remaining unallocated $942,265 in ARPA funding into five equal portions of $188,453. Each councilmember was given the responsibility of identifying programs and projects for their portion of the remaining unallocated funds. To date, $888,812 of the $942,265 has been allocated, with Vice Mayor Isherwood having a balance of $53,453. Approval of this item will reduce the balance to $0.
The Vice Mayor proposes to allocate $5,000 to the Tulare Cemetery District, $25,000 to the Tulare Youth Athletic Association, and $23,453 to fund small projects as identified by the Mayor. In addition, Councilmember Sigala wishes to take the opportunity to re-allocate $25,000 of the $118,453 he previously allocated to a Community Improvement Project to the Hispanic Alliance for Culture, Education, and Recognition (HACER) to assist with the establishment of a Sister City program with Jalostotitlán, a town in Jalisco, Mexico. The recommended action would further allocate almost all of the remaining outstanding balance.
The following items and their respective funding amounts are presented for Council consideration:
Councilmember Totals
Isherwood
Tulare Cemetery District $ 5,000
Tulare Youth Athletic Association (TYAA) $ 25,000
As determined by Mayor $ 23,453
Sigala
Community Improvement Project (was $118,453) $ 93,453
Hispanic Alliance for Culture, Education, and Recognition (HACER) $ 25,000
If the items above are approved by Council, all of the Council-specific ARPA designations will have been allocated. Based on the materials presented above and in Attachment 1, staff recommends that Council receive a staff presentation and public comment regarding the expenditure of American Rescue Plan Act (ARPA) Funds toward potential programs and projects and adopt a resolution approving the expenditure of $53,453 in ARPA funds as well as the re-allocation of $25,000 in ARPA funds, as identified in Attachment 1.
10. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:15-9:15 p.m.]
11. STAFF UPDATES [Time Estimate: 9:15-9:20 p.m.]
12. ADJOURNMENT
Tulare City Council Page 11
Agenda Memo – June 6, 2023
The next regular meeting of the Tulare City Council is Tuesday, June 20, 2023, at 7 p.m.
Item # 3.1
Presentations
Item # 3.2
Presentations
Item # 6.1
Items of Interest
City of Tulare Page 1
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Council Chamber
491 North M Street, Tulare
Tuesday, May 16, 2023
6:00 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell (via Zoom); City Attorney Mario Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Diego Ibanez; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Interim Community
Development Director/City Planner Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling
1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called the special meeting of the City Council to order at 6:03 p.m. in the Council Chamber located at 491 North M Street.
2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS
There were no public comments.
3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS
3.1 Conference with Legal Counsel
Anticipated Litigation – Significant exposure to litigation pursuant to Government Code § 54956.9(b): 1 case
3.2 Conference with Labor Negotiators (Government Code § 54957.6) Agency Representatives: Mario Zamora, Josh McDonnell, Janice Avila, Michael Ott
Employee Organization: Tulare Professional Fire Fighters Association Council recessed to closed session at 6:04 p.m.
4. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:05 p.m.
Item #: 7.2
Consent
City Council Meeting Minutes May 16, 2023
City of Tulare Page 2
5. CLOSED SESSION REPORT
There was no reportable action.
6. ADJOURNMENT OF SPECIAL MEETING
Mayor Sayre adjourned the special meeting at 7:05 p.m.
7. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:05 p.m. in the Council Chamber located at 491 North M Street.
8. PLEDGE OF ALLEGIANCE AND INVOCATION
Fire Chief Michael Ott led the Pledge of Allegiance, and an invocation was given by Russ Siders, Senior Pastor of Sunrise Community Church.
9. PRESENTATIONS
9.1 Proclamation for Public Works Week, May 21-27, 2023. Councilmember Sigala read the proclamation and presented it to Public Works Director Trisha Whitfield.
9.2 Proclamation for Emergency Medical Services Week, May 21-27, 2023.
Councilmember Harrell read the proclamation and presented it to representatives from Life Star Ambulance.
9.3 Certificate of Appreciation for Board of Public Utilities Commissioner Howard Stroman. Councilmember Mederos presented Howard Stroman a certificate of appreciation for his years of service on the Board of Public Utilities Commissioners.
9.4 Certificate of Recognition for Countryside High. Mayor Sayre presented a certificate of recognition to Countryside High for their 2023 Mental Health Awareness Campaign and for securing second place in the 2023 Directing Change Film Contest.
9.5 Resolution of Commendation for Dr. Yeng Xiong. Vice Mayor Isherwood read the resolution of commendation and presented it to Dr. Yeng Xiong for his contributions to the community.
10. PUBLIC COMMENTS
The following provided public comment: Marie Vue regarding the resolution of commendation for Dr. Yeng Xiong.
11. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.
12. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.
City Council Meeting Minutes May 16, 2023
City of Tulare Page 3
13. CONSENT CALENDAR
Items 13.2, 13.3, and 13.6 were removed from the Consent Calendar.
It was moved by Councilmember Harrell, seconded by Councilmember Sigala, and unanimously carried to approve the items on the Consent Calendar as presented except for items 13.2, 13.3, and 13.6.
13.1 Waive the reading of ordinances and approve reading by title only.
Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
13.4 Relief from Claim Filing Statute and Rejection of Claim for Chase Reif.
Recommended Action: Grant approval for the Application for Leave to Present Late Claim on behalf of Chase Reif, a minor, by and through his guardian ad litem Kelsi Reif pursuant to Government Code §911.4; and Reject liability claim filed against the City of Tulare on April 26, 2023, by Attorney Jeffrey A. Clause on behalf of Chase Reif, claim number FR101235. [J. Avila]
13.5 K-9 Bane Dog Park Project and Design Services Contract.
Recommended Action: Approve the project scope and budget for City Project PK0037, “K-9 Bane Dog Park”; authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $78,200 for topographic surveying, utility coordination, design, bidding and construction support services for Project PK0037; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($7,820) of the contract award amount. [M. Miller]
13.7 Project List for 2023/24 SB1 Funded Projects.
Recommended Action: Receive a list of proposed projects to be funded through Senate Bill No. 1 (SB1) revenues and adopt a resolution which includes the 2023/24 Road Maintenance and Rehabilitation Account (RMRA) funds in the City’s 2023/24 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those funds. [M. Miller]
13.8 Records Retention Schedule Update.
Recommended Action: Adopt a resolution approving the revisions to the City of Tulare Records Retention Schedules. [M. Peton]
13.9 April 2023 Investments Report.
Recommended Action: Accept the monthly investments report for April 2023. [D. Ibanez]
PULLED CONSENT CALENDAR ITEMS
13.2 Special and/or Regular Meeting Minutes of May 2, 2023.
Recommended Action: Approve as submitted. [M. Hermann]
Council Action: Councilmember Mederos pulled this item for correction to the recorded vote on item 3.1 as Vice Mayor Isherwood seconded the motion, not Councilmember Mederos. It was moved by Councilmember Mederos, seconded City Council Meeting Minutes May 16, 2023
City of Tulare Page 4
by Councilmember Harrell, and unanimously carried to approve the item as amended.
13.3 Contingent Approval to Hire 12 New Firefighter Personnel.
Recommended Action: Contingently approve 12 new Fire Department personnel and accept the Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) grant for Fiscal Year 2022 in the amount of $3,834,867.72. [M. Ott]
Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.
13.6 Tesori-Bella Oaks Improvements Project and Design Services Contract.
Recommended Action: Approve the project scope and budget for City Project EN0101, “Tesori-Bella Oaks Improvements”; authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $96,000 for topographic surveying, utility coordination, design, permitting, bidding and construction support services for Project EN0101; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($9,600) of the contract award amount. [M. Miller] Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Councilmember Mederos, seconded by Mayor Sayre, and unanimously carried to approve the item as presented.
14. PUBLIC HEARINGS
14.1 Energy Services Agreement with ENGIE Services U.S.
Recommended Action: Adopt a resolution making findings required under Government Code Section 4217.10 through 4217.18 and approving an agreement for energy conservation services with ENGIE Services U.S. authorizing execution and finding that the project is exempt from CEQA.
Presented By: Assistant City Manager Josh McDonnell
Public Comment: The public hearing was opened at 8:10 p.m. Receiving no public comment, the public hearing was closed at 8:11 p.m.
Council Action: It was moved by Councilmember Mederos, seconded by Vice Mayor Isherwood, and unanimously carried to approve the item as presented.
15. GENERAL BUSINESS
15.1 Fiscal Year 2023-2024 Budget Review.
Recommended Action: Review the proposed Fiscal Year 2023-2024 budget and provide direction thereto.
Presented By: Chief Financial Officer Diego Ibanez
Public Comment: None
Council Action: No action was taken on this item.
15.2 Pet Accommodations at the Tulare Homeless Shelter.
Recommended Action: Provide direction to staff regarding pet accommodations to be incorporated into the design of the Tulare Homeless Shelter facility.
Presented By: City Engineer Michael Miller
Public Comment: None
City Council Meeting Minutes May 16, 2023
City of Tulare Page 5
Council Action: It was moved by Councilmember Mederos, seconded by Vice Mayor Isherwood, and carried 4 to 1 (Councilmember Harrell voted no) to move forward with the design as illustrated in Exhibit C of the staff report, increasing the number of kennels available.
15.3 Weed Abatement Update.
Recommended Action: Receive a report on the weed abatement process that the City of Tulare Fire Department (TFD) is conducting to reduce the possibility of vegetation fires in Tulare.
Presented By: Fire Chief Michael Ott
Public Comment: None
Council Action: No action was taken on this item.
16. FUTURE AGENDA ITEMS
16.1 Study Session on the Status of Healthcare in the City of Tulare.
Recommended Action: Review and provide direction to either add to a future agenda or not. [J. Sigala]
Council Action: No action was taken on this item.
16.2 Study Session on Community Choice Aggregation (CCA) Program.
Recommended Action: Review and provide direction to either add to a future agenda or not. [J. Sigala]
Council Action: It was the consensus of Council to have staff add this item to a future agenda as a presentation.
16.3 Re-allocation of ARPA Funds for Sister City Program.
Recommended Action: Review and provide direction to either add to a future agenda or not. [J. Sigala]
Council Action: It was the consensus of Council to have staff add this item to a future agenda.
17. STAFF UPDATES
Staff provided updates on department activities.
18. ADJOURNMENT
The regular meeting was adjourned at 10:00 p.m.
Approved by Council: June 6, 2023
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
City of Tulare Page 1
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Council Chamber
491 North M Street, Tulare
Tuesday, May 23, 2023
6:00 p.m. - Special Meeting
COUNCIL PRESENT: Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
COUNCIL ABSENT: Mayor Terry A. Sayre
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Diego
Ibanez; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling
1. CALL TO ORDER SPECIAL MEETING
Vice Mayor Isherwood called the special meeting of the City Council to order at 6:03 p.m. in the Council Chamber located at 491 North M Street.
Vice Mayor Isherwood led the Pledge of Allegiance, and an invocation was given by Assistant City Manager Josh McDonnell.
2. GENERAL BUSINESS - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes.
2.1 Fiscal Year 2022 Audit Review.
Recommended Action: Review the Fiscal Year 2022 audit.
Presented By: Chief Financial Officer Diego Ibanez and Lindsey Zimmerman of Brown Armstrong
Public Comment: None
Council Action: It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and carried 4 to 0 (Mayor Sayre absent) to accept the Fiscal Year 2022 Annual Comprehensive Financial Report.
2.2 Fiscal Year 2024 Budget Review.
Recommended Action: Review the proposed Fiscal Year 2024 Budget and provide direction thereto.
Presented By: Chief Financial Officer Diego Ibanez
Public Comment: None
City Council Meeting Minutes May 23, 2023
City of Tulare Page 2
Council Action: Councilmember Sigala made the following recommendations:
staff to bring an item on Measure Y providing projected revenue and for Council to discuss and decide the use of the revenue; increase Measure I allocation for Streets to $300,000; allocate $50,000 from Measure I for bike lanes (restriping and creating new); allocate $50,000 for the Arts with the suggestion of modifying the Library Board’s mission to include the Arts; and increase the allocation to baseball and softball to $20,000 each. Councilmember Sigala also requested staff provide an update on the Council accounts (Travel and Community Improvement funds) providing current balances.
3. ADJOURNMENT
The special meeting was adjourned at 8:05 p.m.
Approved by Council: June 6, 2023
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Finance
Submitted by: J. Diego Ibanez, Chief Financial Officer
Agenda Title: Parking and Business Improvement Area Assessments
RECOMMENDED ACTION
Approve the report filed by the Tulare Downtown Association Board of Directors as the appointed Advisory Board for the Parking and Business Improvement Area; and adopt a resolution of intention to levy an annual assessment for Fiscal Year 2024 and set a public hearing to levy the proposed assessments on June 20, 2023.
SUMMARY
On May 5, 1987, the City Council adopted Ordinance 1523 establishing the Parking and Business Improvement Area ("Area”) to fund property-related improvements and activities within the designated boundaries (direct benefit) in the downtown area. The Area is split into two zones: Zone A (Primary Benefit Zone) and Zone B (Secondary Benefit Zone).
There are assessments and charges fixed and levied on business located within the Parking and Business Improvement Area. The following table provides the assessments for each Zone.
Assessments are due at the same time business license fees are due.
Zone A (business license required) 175% of business license fee Zone A (business license not required) $30/employee*; min. semiannual assessment of $200, max. semiannual assessment of
$1,000
Zone B (business license required) 87.5% of business license fee Zone B (business license not required) $17.57/employee*; min. semiannual assessment of $122.06, max. semiannual
assessment of $610.33
*Employed for at least 20 hours per week
Revenue generated from the collection of the assessments for the Area may be used for acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains. Revenue may also be used for promotion of activities including, but not limited to, promotion of public events which benefit businesses in the Area and take place on or in public places within the Area, furnishing music in any public place in the Area, and activities which benefit businesses located and operating in the Area.
An Advisory Board was appointed by Council as required by the Ordinance to make recommendations on the expenditure of revenues derived from the levy of assessments, on any proposed changes to the Area including any benefit zones within the Area, on the classification of businesses, as applicable, and on the method and basis of levying the Item #: 7.3
Consent
7.3 Consent Page 1
assessments. The Advisory Board is required to prepare and submit a report for each fiscal year which shall include the following:
1. Any proposed changes in the boundaries of the Area or benefit zones within the Area.
2. The improvements and activities to be provided for the fiscal year.
3. An estimate of the cost of providing the improvements and activities for the fiscal year.
4. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against their business for the fiscal year.
5. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
6. The amount of any contribution to be made from sources other than the assessments levied.
Following the creation of the Parking and Business Improvement Area, the City Council appointed the Tulare Improvement Program Corporation, now known as the Tulare Downtown Association, as the Advisory Board and has continued to serve as such since then. The report filed by the Tulare Downtown Association for Fiscal Year 2024 is attached for Council review.
Once Council approves the report, Council shall adopt a resolution of intention to levy an annual assessment for Fiscal Year 2024 and set a public hearing for same. The City Clerk’s Office will give notice of the public hearing by publishing the resolution of intention once in a newspaper of general circulation in Tulare not less than seven days before the public hearing.
FISCAL IMPACT & FUNDING SOURCE(S)
The cost to publish the resolution of intention is estimated to be $600-800 and will be paid from the 001-4110-2017 account.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Tulare Downtown Association Report
2. Resolution of Intention
Reviewed/Approved:
7.3 Consent Page 2
TULARE DOWNTOWN ASSOCIATION
Annual Report
2023-2024
Lino Pimentel, President
7.3 Consent Page 3
TULARE DOWNTOWN ASSOCIATION
Board of Directors
Member- At-Large Don LeBaron
830 Sycamore, Tulare, CA 93274, 936-3244
Member-At-Large Lino Pimentel
Lino Pimentel Real Estate, 260 N “J” St, Tulare, CA 93274 (559) 688-1900 Terms Expire June 30, 2024
Zone A Artemisa Valdez
Kings View South Tulare Mobile Services, 201 N K St, Tulare, CA 93274, Zone A Blake Shawn
The Downtown Dream, 241 E Kern Ave, Tulare, CA 93274, 334 7990
Zone B Karen Bravo
Land O Lakes, 400 S M St, Tulare, CA 93274, (559) 687-8287 Terms Expire June 30, 2025
Zone B Rigo Moya
Rigo Signs, 301 E Inyo Ave, Tulare, CA 93274, (559) 687-8750 Zone A Chris Beck
Motor Cars Inc, 213 E King Ave, Tulare, CA 93274, 688 0404 Zone A Mike Limas
Property Owner, 126 E Kern Ave Tulare, CA 93274, (707)592-7997 Zone B Monica Leal
Monica Leal Therapy, 440 E. King Ave Therapy, Phone: (559) 509-9932 Terms Expire June 30, 2026
Zone A Christian Herrera
204 South “K” Street, Tulare, CA 93274 (650)468-4028
City Appointments
City Council Steve Harrell, Councilmember
411 E. Kern Avenue Tulare, CA 93274 (559) 684-4200
Police Department Sgt. Tony Espinoza, Tulare Police Department
7.3 Consent Page 4
Past Projects and Objectives
Worked with Tulare Police Department to develop and implement synthetic cannabinoid control ordinance, implemented 24-Hour downtown graffiti removal initiative, assisted in mitigating the impact of vagrants in downtown, implemented the Tower Square PBID and established Tulare Downtown Foundation.
During the COVID-19 pandemic, the Association continued management of the Tower Square PBID, focused the TDA "Clean and Safe" program for Downtown on weed removal and eradication along with clean-up of sidewalks, alleys, streets, and trash enclosures, etc. The Clean and Safe program grew thru grants from Land O Lakes and WestAmerca Bank, to support and provide community service hours for volunteers from the Tulare Volunteer Bureau. TDA created a part-time position for a cart operator for the Clean and Safe cart.
TDA focused on improving its real estate listing and activity in attracting new businesses to downtown core.
Recent Projects and Objectives
1 The Association resumed outdoor activities designed to bring people downtown again. a. Working with foundation, co-produced several events. 2 Focused on real estate to revitalize core.
a. Worked with groups to fill vacancies.
b. Made recommendations on business implementation and site usage. c. Monitored vacancies to reduce vagrant incursions and criminal damage. d. Continued to offer an online vacancy listing.
e. Updated and presented to the City Finance Department a comprehensive list of assessment district addresses and businesses.
3 Continued with Clean and Safe initiative.
a. Continued co-operative agreement with Tulare County Volunteer Bureau. b. Created paid position to address inconsistencies in program and volunteer participation. 4 Continued with PBID at Tower Square.
a. Gating project completed.
b. Board determined next capital improvement project to seek to enclosure trash receptacles.
5 Stepping up assessment collections.
a. Encouraging more member participation.
b. Increasing community outreach.
7.3 Consent Page 5
20202-2023 Outlook
For this fiscal year, the Tulare Downtown Association:
• Continues its representation of the downtown Business and Parking District. • Continues implementation of the Clean and Safe program for Downtown Tulare. • Supports and manages the Tulare Tower Square PBID
• Continually updates improved real estate vacancy tracking system. • The TDA teams with its sister organization, the Tulare Downtown Foundation, to bring events and other promotional activities to the Downtown. These events include but are not limited to:
o Fiesta De Mayo
o Mad Scientist Night STEAM Educational Event
o Crowfest
o Jack-O-Lantern Jubilee/Historic Wild West Wagon Ride
o Tulare Christmas Parade
• The TDA is actively engaged in addressing homelessness and under-employment issues in downtown through job initiatives and assistance.
• The TDA continues to build alliances with businesses outside the downtown district to bring more activity to the core of downtown.
Conclusion: The Board will continue to support efforts that add to the success of the Tulare downtown area and make recommendations to the City of Tulare regarding same.
7.3 Consent Page 6
Tulare City Council
411 East Kern Avenue
Tulare, California 93274
The Tulare Downtown Association Inc. Board of Directors, offers the following recommendations for the management and operation of activities associated with the Tulare Parking and Business Area during the fiscal year (July 1, 2023-June 30, 2024):
o No changes in boundaries or benefit zones.
o Continue working with City Staff on projects and business recruitment. o Continue to track real estate and work with realtors. o Work with the City, Code Enforcement and Police Department to control graffiti, vandalism, and crime in the downtown.
o Continue to seek additional means to address the demands of a changing economy and the downtown business community.
o Continue to work with the Tulare Chamber of Commerce as well as other organizations and individuals in their efforts to encourage growth in Downtown Tulare. o Support efforts to market and develop downtown, encourage other groups and individuals in producing events and attractions, implement new strategies aligned with existing strategies to improve the business climate in the downtown.
o Continue efforts to develop cooperative marketing plans with Association members. o Attached is the approved TDA budget for providing the improvements and the activities for fiscal year 2023-2024.
Lino Pimentel, President
Tulare Downtown Association
7.3 Consent Page 7
7.3 Consent Page 8
RESOLUTION 2023-XX
A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF TULARE
DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARKING AND BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2024 WHEREAS, the City of Tulare, pursuant to Streets and Highways Code Sections 36500 et seq. and Tulare Municipal Code Chapter 8.48, has previously created the Parking and Business Improvement Area (“Area”) which contains Benefit Zone A and Benefit Zone B; and
WHEREAS, the City Council has designated the Tulare Downtown Association as the Advisory Board for said Area; and
WHEREAS, pursuant to Tulare Municipal Code Section 8.48.08, said Advisory Board has prepared a report for Fiscal Year 2024 for said Area and has presented same to the City Council; and
WHEREAS, it is appropriate and necessary that the City Council review said report, address any proposed changes in regard to boundaries of the Area and Benefit Zones or method and basis of levying assessments, and establish a date for a public hearing to be held on the levy of the proposed assessment for Fiscal Year 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The City Council has received and reviewed the Fiscal Year 2024 report filed by the Advisory Board which is on file with the City Clerk.
Section 2. A full and detailed description of the improvements and activities to be provided for Fiscal Year 2024, the boundaries of the Area and Benefit Zones within the Area, and the proposed assessments to be levied upon the businesses within the Area are included in Exhibit A attached hereto and incorporated herein by reference.
Section 3. It is the intention of the City Council to levy and collect assessments within the Area for Fiscal Year 2024.
Section 4. A public hearing shall be held by the City Council on June 20, 2023, at, or shortly thereafter, 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare, on the levying of the proposed assessments for Fiscal Year 2024 at which time written and oral protests may be made.
/////
7.3 Consent Page 9
PASSED, APPROVED, AND ADOPTED on this 6th day of June 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
7.3 Consent Page 10
Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Public Works - Fleet Maintenance
Submitted by: Mike Reed, Fleet Maintenance Superintendent Agenda Title: Surplus Vehicles
RECOMMENDED ACTION
Adopt a resolution authorizing the surplus of City vehicles.
SUMMARY
The Fleet Control Budget was established in order to allow the Fleet Maintenance Division to bill departments for City vehicles, to recommend replacements, and properly size and make vehicles available to departments based on their needs.
The following vehicles have been removed from service. These units have been inspected by Fleet Maintenance and have reached the end of useful life or have damage not economically feasible to repair.
Unit # Year Make Model Department Comments
220 2007 Ford Escape Engineering
3032 2011 Ford Crown Victoria Police
3030 2011 Ford Crown Victoria Police
3021 2011 Ford Crown Victoria Police
3113 2015 Ford Interceptor Police
3158 2020 Ford Interceptor Police accident
3155 2020 Ford Interceptor Police accident
3033 2011 Ford Interceptor Police
765 2000 Lee Boy Paver Public Works – Streets
2021 2008 Star craft Bus Transit
2026 2009 Blue Bird Bus Transit
2027 2009 Blue Bird Bus Transit
0113 1996 HME Fire Apparatus Fire
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact to this approval. Staff will try to sell or dispose of the units with no cost to the City or with revenue from the sale.
LEGAL REVIEW
This item did not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
Item #: 7.4
Consent
7.4 Consent Page 1
If denied, the vehicles will remain at the Corporation Yard until they are approved for surplus.
ATTACHMENTS
1. Resolution
Reviewed/Approved:
7.4 Consent Page 2
RESOLUTION 2023-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
DECLARING CERTAIN PERSONAL PROPERTY TO BE SURPLUS AND
AUTHORIZING ITS DISPOSITION
BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The property listed below is hereby declared to be surplus property of the City of Tulare.
Unit # Year Make Model
220 2007 Ford Escape
3032 2011 Ford Crown Victoria
3030 2011 Ford Crown Victoria
3021 2011 Ford Crown Victoria
3113 2015 Ford Interceptor
3158 2020 Ford Interceptor
3155 2020 Ford Interceptor
3033 2011 Ford Interceptor
765 2000 Lee Boy Paver
2021 2008 Star Craft Bus
2026 2009 Blue Bird Bus
2027 2009 Blue Bird Bus
0113 1996 HME Fire Apparatus
Section 2. The Chief Financial Officer (Finance Director/Treasurer) of the City of Tulare is hereby authorized to dispose of said property and deposit any funds received in the enterprise funds of the City of Tulare.
PASSED, APPROVED, AND ADOPTED on this 6th day of June 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
7.4 Consent Page 3 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Final Map Acceptance – Villa Toscana Phase 1
RECOMMENDED ACTION
Approve the Final Map and subdivision improvement agreement for Phase 1 of Villa Toscana subdivision for recordation, and accept all easements and dedications offered to the City.
SUMMARY
Planning Commission Resolution No. 4333 adopted on June 21, 2004, approved the tentative map for Pleasant Oak Phases 5, 6 & 7 subdivision; the remaining portion was renamed Villa Toscana Phase 1 and is located at the northwest corner of Cross Avenue and West Street.
The overall subdivision comprises approximately 20.26 acres. The proposed subdivision is being developed in phases.
Phase 1 of Villa Toscana subdivision consists of 6 multi-family residential lots and 18 singlefamily lots. The Subdivider is actively working to complete the final map. To expedite the final map approval process, the Subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60- days. Such requests have routinely been accommodated.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.
ALTERNATIVE ACTION
1. Approve with changes – Changes could result in delay to the project schedule due to the additional review time that would be needed by various City divisions and could adversely impact the Developer’s project financing. The tentative subdivision map could expire pending any additional available extensions.
2. Deny – Construction of the proposed single-family residential construction project would not be allowed, and the tentative subdivision map would expire pending any additional available extensions.
3. Table – The delay resulting from tabling this item could adversely impact the Developer’s project and could require the project to have to be resubmitted as a new project.
ATTACHMENTS
1. A copy of the Planning Commission Resolution No. 4333
2. Final map Pleasant Oak 8 (Villa Toscana 1)
Reviewed/Approved:
Item #: 7.5
Consent
7.5 Consent Page 1
RESOLUTION NO. 4333
A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION PLEASANT OAK PHASE 5, 6 & 7 WHEREAS, the City of Tulare Planning Commission at a regular meeting held on June 21 , 2004 to consider a request by Christiania Homes for a tentative subdivision map creating 80 lots, (22 multiple family lots 58 ingle family lots) on prope1ty located at the northwest comer of Cross Avenue and West Street; and
WHEREAS, the City of Tulare Planning Commission determined that the proposed map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or the improvements of the proposed subdivision is consistent with the General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of density proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and, WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with public easements through the property; and,
WHEREAS, the City of Tulare Planning Commission determined that a Negative Declaration was prepared pursuant to the California Environmental Quality of 1970 and the State CEQA Guidelines; and,
WHEREAS, the City of Tulare Planning Commission determined that the proposed map is consistent with the Tulare City Code; and,
NOW, THEREFORE, BE IT RESOLVED by the City of Tulare Planning Commission that Tentative Subdivision Pleasant Oak Phase 5, 6 & 7 is hereby approved subject to the following conditions:
1. Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map.
7.5 Consent Page 2 ATTACHMENT 1
2. Applicant to comply with conditions as required by the Engineering/Public Works Department and Fire Department and Recreation, Parks & Library Department.
3. 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.
4. Final acceptance of the tract shall be contingent upon the subdivider's providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose of drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works - Engineering Department.
5. Six-foot public utility easements shall be granted along all lots fronting on public streets.
6. Final subdivision map shall depict all easements.
7. The applicant shall comply with the requirements of the Tulare Board of Public Utilities regarding sewage disposal and water supply facilities.
8. All lots shall meet the provisions of the applicable zoning district.
9. Street names will be consistent with street names approved by the Street Naming Committee, and approved by the Planning Director.
10. Applicant to record a "Right to Farm" notice on final map.
11. Applicant to comply with SJV APCD regulations regarding dust control during construction.
12. Applicant shall comply with the City Engineer regarding any under ground or relocation of utilities.
13. Applicant to provide a 6-foot high solid fencing with permanent type posts. 2 7.5 Consent Page 3
PASSED, APPROVED AND ADOPTED this twenty-first day of Jone 2004 by the following recorded vote:
A YES: Miller
Bryant
Nunes
Miguel
Kinard
ATTEST:
NOES: None
~'i~TARY
City of Tulare Planning Commission
ABSENT: Rocha
Killion
ABSTAIN: None
~y::!-.~
/2CHARDP.MlLLER, CHAIRMAN
City of Tulare Planning Commission
3 7.5 Consent Page 4
.....
. ',.
PLANNING DJRECTOR'S REVIEW
(Staff Report)
Agenda Item No. 7b June 21, 2004
PLEASANT OAK PHASE 5, 6, 7 - TENTATIVE SUBDMSION MAP
CONDITIONAL USE PERMIT NO. 2004-14
PROJECT PLANNER:
APPLICANT:
ENGINEER:
LOCATION:
SIZE:
ZONING:
GENERAL PLAN DESIGNATION:
SURROUNDING LAND USE
AND ZONING:
RELATED PROJECTS:
Rob Hunt, Associate Planner
Christiania Homes
Forester, Weber & Associates
Property is located at the north/west comer
of Cross A venue and West Street, also
known as Assessor's parcel number 168-
020-024, and at 1468 E. Cross Avenue,
( approximately 200 feet west of West
Street), also known as Assessor's Parcel
Number 168-020-007.
Property is approximately 20.26 acres.
UR (urban reserve)
RA (rural residential)
Suburban Residential, Urban Residential
North: Single family residential
vacant land
South: Single family residences
East: Single family residential
vacant land
West: vacant land
R-1-8
R-M-2
County
R-1-6
R-M-2
UR
Tentative Parcel Maps 2004-05 & 06 (approved 6/7/04), Zone Amendment No. 598 (on current agenda) .
7.5 Consent Page 5
Page2
Pleasant Oak Phase 5, 6, 7 Tentative Subdivision Map
Conditional Use Permit No. 2004-14
REQUEST:
Proposed project is an extension of the Pleasant Oak Phases I through 4, which contained 41 lots (R-1-6) and is located north of this proposed development, south of Pleasant Avenue between Denair Street and Pleasant A venue Elementary School.
Applicant is proposing an 80 lot (58 single family lots, 22 multiple family lots) tentative subdivision map for residential development on the property located at the north/west comer of Cross Avenue and West Street. The PD (Planned Residential Combining District) overlay allows for the redistribution of single family and multi-family based on an approved site plan. Hence the zoning will be tied to the site plan approved by the commission. (Exhibit A) DETAILS OF THE PROPOSAL:
Applicants proposal depicts an 80 lot subdivision in 3 phases:
Phase 5
Phase 6
Phase 7
16 lots
18 single family lots, 6 multiple family lots
24 single family lots, 16 multiple family lots
Phase 5 access to the subdivision will be from the extension ofDenair Street from the north; Phase 6 access will incorporate a new street connection off of West Street from the east, and a new street connection from Cross A venue from the south.
The single family lots (58) range in size from 6,329 sq. ft. to 7,700 sq. ft. exceeding the minimum lot size for R-1-6, (Residential 6,000 sq. ft. lot area minimum). Applicant will use the new city standard street width of 52 ft. on the two cul-de-sac streets. The multiple family lots range in size from 7,140 sq. ft. to 9,375 sq. ft.
STAFF COMMENTS:
The Planned Residential Combining Residential District (PD, Zoning Ordinance Section 10.92) allows flexibility in the placement and combination of residential and multifamily lots in order to produce a more comprehensive development. This proposal redistributes the multifamily lots along the West Street frontage (6 lots), and on the two proposed Cul-de-sac streets (16 lots).
The multifamily lots facing West Street will be accessed from the public alley to the rear of the lots, with no vehicular access off of West Street. Proposed multiple family site plans depict two duplex units on each lot with a common driveway, which meets the R-M-2 density (3,000 sq. ft. minimum lot area per unit). Future conditional use permits will be brought to the Commission when construction of the mulit-family units are proposed.
7.5 Consent Page 6
Page3
Pleasant Oak Phase 5, 6, 7 Tentative Subdivision Map
Conditional Use Permit No. 2004-14
Drainage for this development will be routed to the Pleasant Avenue (Park) drainage basin to the west.
Proposed subdivision is consistent with the Subdivision Map Act, Tulare General Plan and Zoning Ordinance.
ENVIRONMENTAL FINDINGS:
On May 13, 2004, the Environmental Impact Review Committee recommended a Negative Declaration for this project.
FINDINGS:
Staff recommends that the Planning Commission make the following findings with regards to Pleasant Oak Phase 5, 6, 7 Tentative Subdivision Map and Conditional Use Permit No. 2004-14:
Environmental:
1) That the Negative Declaration has been prepared in accordance with the California Environmental Quality Act.
2) That the Planning Commission has considered the proposed Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment.
3) The Planning Commission finds that the proposed Negative Declaration reflects the independent judgement of the lead agency.
Tentative Subdivision Map:
1) That the proposed subdivision map is consistent with applicable Tulare General Plan. 2) That the design or improvements of the proposed subdivision are consistent with the Tulare General Plan.
3) That the site is physically suitable for the type of development proposed. 4) That the site is physically suitable for the density of the development. 5) That the design of the subdivision or the type of improvements are not likely to cause
7.5 Consent Page 7
Page4
Pleasant Oak Phase 5, 6, 7.- Tentative Subdivision Map
Conditional Use Permit No. 2004-14
substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.
6) The design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property with in the proposed subdivision.
7) That a Negative Declaration was prepared pursuant to the California Environmental Quality Act of 1970 and State CEQA Guidelines.
8) That the proposed subdivision map is consistent with the Tulare City Code.
Conditional Use Permit:
1) That the proposed location of the conditional use 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 conditional use and the conditions under which it would 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 applicable provisions of the Zoning Title.
4) That the request is in conformance with the goals and objectives of the Zoning Ordinance. 5) That the request will not have a significant effect on surrounding properties and improvements in the vicinity of the project site.
RECOMMENDATIONS:
A. Adopt a Negative Declaration for Pleasant Oak Phase 5 ,6, 7 Tentative Subdivision.
B. Based on the approved findings, staff recommends that Conditional Use Permit No.2004- 14 be approved subject to the following conditions:
1) Construction shall be in accordance with the applicant's site plan (Exhibit A) as approved by the Planning Commission.
2) Applicant shall comply with conditions established by the Public
7.5 Consent Page 8
Page5
Pleasant Oak Phase 5, 6, 7 Tentative Subdivision Map
Conditional Use Permit No. 2004-14
Works/Engineering Department, fire Department, Parks & Recreation and Building Department.
3) Approval does not authorize any deviation from Fire and Building Codes. 4) All requirements of Title 10 (Zoning Ordinance) shall be met. 5) Applicant shall comply with San Joaquin Valley Air Pollution Control district regarding dust control during construction as required by SN APCD.
C. Based on the above findings, staff recommends that Pleasant Oak Phase 5, 6, 7 Tentative Subdivision be approved subject to the following conditions:
1) Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map.
2) Applicant to comply with conditions as required by the Engineering/Public Works Department, Fire Department, and Recreation, Parks & Library Department. 3) 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.
4) Final acceptance of the tract shall be contingent upon the subdivider's 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. 5) Six-foot public utility easements shall be granted along all front yards as required for public utilities.
6) Final subdivision map shall depict all easements.
7) The applicant shall comply with the requirements of the Tulare Board of Public Utilities regarding sewage disposal and water supply facilities. 8) All lots shall meet the provisions of the applicable zoning district. 9) Street names will be consistent with street names approved by the Street Naming Committee, and approved by the Planning Director.
7.5 Consent Page 9
Page6
Pleasant Oak Phase 5, 6, 7 Tentative Subdivision Map
Conditional Use Permit No. 2004-14
10) Applicant to record a "Right to Farm" notice on final map. 11) Applicant to comply with SJV APCD regulations regarding dust control during construction.
12) Applicant shall comply with the City Engineer regarding any under ground or relocation of utilities.
13) Applicant to provide 6 foot high solid fencing with permanent type posts (metal).
Attachments:
1. Location Map
2. Tentative Subdivison Map
3. Multifamily lot layout
4. Comments:
Engineering
Fire
TID
Cal-Trans
The Gas Co.
SJVAPCD
7.5 Consent Page 10
Pleasant Oak 5, 6, 7 Tentative Subdivision
Conditio.nal Use Permit No. 2004-14
PL
_____ .__.
M-1
N
: · · .. : City Lim its f' "~ Zoning District Boundaries Parcels A
7.5 Consent Page 11
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TENTATIVE SUBDIVISION MAP
PLEASANT OAK PHASE 5,6&:7
OWNER:
D£VWIPER:
SURVEYOR:
RIOKT TO FAIIM N011CE
PACIFIC REAL ESTATE HOLDINGS INC.
CHRISTIANIA HOMES
P.O. BOX 7030 YISAUA. CA 13211
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Vicinity Map
NO SCALE
7.5 Consent Page 12
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PLEASr"!J OAK ESTATES
OWNER: PACIAC REAL ESTATE HOLDING INC.
DEVELOPER: CHRISTIANIA HOMES
P.O. BOX 7030
V1SAUA, CA. 93291 ..
SURVEYOR: FORESTER, WEBER & ASSOCIATES
5'
(min.)
1820 Well lllneral KilgAve., Sulla B
VISAUA, CA. 93291
(559)732-0102
STREET
I 5' UNIT A UNIT B 20' I
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NO SCALE
7.5 Consent Page 13
TO:
FROM:
SUBJECT:
LOCATION:
411 East Kern Avenue
Tulare, California 93274
Office: (559) 684-4207
Fax: (~59) 685-5631
Planning and Building Division
Engineering Division
Engineering Considerations - Tentative Subdivision of Pleasant Oaks 5 - 7 NW Corner of Cross and West
DEVELOPER: Christiania Homes
DATE: June 10, 2004
SOILS:
The Subdivider shall submit a preliminary soils report for structural foundation, which shall be prepared by a registered Civil Engineer based upon adequate soil test borings. The report shall be submitted to the City Engineer prior to the filing of the Final Map.
The Developer shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90% relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall be compacted to 95% relative compaction. Compaction tests are required on all trenches. All soil testing shall be performed at the sole cost of the Developer. The Developer is to establish an account with a soii-testing firm acceptable to the City Engineer prior tr the start of construction for compaction testing . The City shall order and direct all compaction tests.
STREETS:
Street widths shall be as shown on Exhibit "A"
R-Value tests will be required at the locations shown on Exhibit "A" at subgrade depth.
Th structural section of all streets shail be not less than the thicknesses shown in Item 1 of Attachment "A," except that a greater thickness may be required by Soil Test results. The design of streets shall be asphalt concrete section with aggregate base,
All streets shall have the standard cross section with curb, gutter and sidewalk.
All utility services shall be placed in the streets prior to paving.
Compaction tests are required on all street subgrades. All soil testing shall be performed at the sole cost of the Developer.
Knuckles and transition curves to knuckles shall have 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.
The centerline curve radius on all streets shall be 500 feet minimum. Provision for smaller radius shall be subject to the approval of the City Engineer. •·
Street monuments shall be installed at locations as required by the City Engineer.
Driveway widths and spacing shall conform to City Code requirements.
Side lines of all lots wherever practicable shall be at right angles or radials to the centerline of the street.
Property line radii are to be 20 feet at all street intersections.
7.5 Consent Page 14
Turnarounds are required at all dead end streets, except where refuse pickup on lot frontages does not require the refuse collection vehicle to back up.
A barricade and a 2" x 8" rough redwood header shall be provided at dead end streets.
In conformance with Section 8.24.040 (A) 7 of the Tulare City Code, "Each street intersection shall be as near to a right angle as practicable."
The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.
Oversize payments will be made in accordance with a separate oversize agreement to be executed after completion of all subdivision improvements. Payment will be as funds are available, not to exceed 10 years from the execution date of the agreement.
UNDERGROUND UTILITY LINES:
All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.160 (B) 3 of the Tulare City Code.
SANITARY SEWERS:
Sanitary sewers shall be installed to City standards.
Sewer laterals shall be installed to the property lines of all lots before the streets are surfaced. Laterals shall be located 8 feet from the centerline of each lot.
All sewer lines shall pass a ball test or a City Engineer approved method of cleaning.
The Engineer shall propose locations for sewer services that will accommodate ultimate driveway approach locations.
The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.
Oversize payments will be made in accordance with a separate oversize agreement to be executed after completion of all subdivision improvements. Payment will be as funds are available, not to exceed 1 O years from the execution ) date of the agreement.
.)
STORM DRAINAGE:
The storm drain layout shall be designed to City standards.
All pipe sizes where necessary shall be adjusted to carry the design flow at the final design slope.
All gutter runs shall be reduced to 1000 feet by installing pipe and storm water inlets.
The minimum fall around curb returns shall be 0.3 foot.
The City shall reimburse the Developer for oversize costs for any facilities designated "masterplan facililities" by the City Engineer, subject to review and approval of costs prior to installation. Oversize payments will be made in accordance with a separate oversize agreement to be executed after completion of all subdivision improvements.
Payment will be as funds are available, not to exceed 10 years from the execution date of the agreement.
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 dedicated rights-of-way. Six-foot Public Utility Easements will be required along all street frontages.
The Developer shall submit to the City of Tulare a title report for areas outside of the parcel to be developed where easements are to be dedicated for City utilities.
WATER SUPPLY:
Water mains shall be installed to City standards.
Water services shall be installed to the property line of all lots before the streets are surfaced. Services shall be located 8 feet from the centerline of each lot, except on lots with 40-foot frontages where services shall be 3 feet from property line. The minimum horizontal distance between water services and sewer laterals shall be 16 feet. 2 7.5 Consent Page 15
The Engineer shall propose locations for water services that will accommodate ultimate driveway approach locations:- lndividual 1" galvanized water services with meter.· boxes and meter idlers shall be installed to all single fam11) residential lots. ·
The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.
Oversize payments will be made in accordance with a separate oversize agreement to be executed after completion of all subdivision improvements. Payment wil l be as funds are available, not to exceed 1 O years from the execution date of the agreement.
Purity tests are required on all City water system installations at the sole cost of the Developer.
STREET NAMES:
Street names shall be approved by the Director of Planning and Building.
Street name signs shall be installed at each intersection as shown on Exhibit "A." TRAFFIC SIGNS:
Traffic signs shall be required of the types and sizes and at the locations as shown on Exhibit "A." STREET STRIPING:
The Developer shall perform street striping as required by the City Engineer.
STREET LIGHTS AND ELECTRICAL SERVICE:
The Developer must make provisions for the underground installation of electrical services and street lighting. Highpressure sodium vapor marbelrte streetlights will be required at the lumens, spacing and locations shown on Exhibit "A." The cost of the systems shall be included in the subdivision bonds.
GAS SERVICE:
·The Developer must make provisions for the installation of a gas distribution system in all streets and at the size determined by the Southern California Gas Company.
PRIVATE IRRIGATION PIPELINES:
Existing private irrigation pipelfnes will need to be removed within street right of ways.
IRRIGATION CANALS:
Other than Tl D's Maln Canal, if any portion of an existing irrigation canal (including ditch banks and maintenance access roads) falls within the development, said ditch shall be piped or abandoned and shall be so designated on the plan drawings. The proposed method of p·iping shall be shown on one of the master plans, if full piping does not occur within the first phase. The Main Canal can be left open, with the installation of fencing and an adjacent 25' alley, as approved by the City and TIO.
TELEPHONE:
The Developer must make provisions for the installation of underground telephone service.
EXISTING STRUCTURES:
Any existing structures within the subdivision boundary shall be removed.
WELLS:
Any existing wells on the site shall be abandoned and sealed.
ELEVATIONS:
Any elevations shall be based on the official City of Tulare datum.
GENERAL CONDITIONS:
All design and construction shall be in accordance with all applicable City Standards, Specifications, Ordinances, and Standard Operating Procedures, unless specifically modified elsewhere in these conditions. These Engineerim Considerations are intended to deal with major issues apparent to this office while reviewing this tentative map~ Nothing in these conditions precludes our office from applying other conditions/modifications necessary for good 3 7.5 Consent Page 16
design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction.
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 four prints of subdivision map and two prints of improvement drawings for final checking.
Provide the City of Tulare with one reproducible copy of the final map and the improvement drawings upon acceptance and recordation of Final Map by the County. The reproducible copy of the improvement plans shall be on high quality mylar. Also provide the City with four (4) sets of prints of the improvement drawings.
Submit to the City of Tulare a title report for the parcel to be developed.
The Developer's engineer will be required to certify in writing that all lot grading has been performed in accordance with the approved lot-grading plan prior to issuance of any building permits.
Prior to constructing any improvement where the City is to contribute, the Developer shall submit to the City three (3) separate bids for each item to be reviewed and approved by the City Engineer.
Prior to the start of construction, a meeting will be called by the City Engineer with the Developer, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City requirements are met. The Contractor shall perform no construction in the field until after this meeting.
This project involves construction activity including clearing, grading and excavation which may require your filing a Notice of Intent with the State Water Resources Control Board under the General Permit to discharge storm water associated with construction activity, the preparation .of a storm water pollution prevention plan, and monitoring program.
Exhibit "A":
D Attached and incorporated herein
~ Available from City upon request.
D NIA- see Misc Comments in Attachment "A".
\/ RPrepared By: --~--- ------- ------- -
K_en,t11 Ramage, As3/,ta.nt City Engineer
Approved By: __ \(-'--_ t.t.._... __ vv... _ l_~......_--'\'-1 L_1,'--- __ e_~ -?:::: _____ _ _ Kenneth Ramage, Assistant City Engineer Date: _ (__\_\_o_\_0_'--_\ ___ _
Date: l \ \ 0 \ 0 '-,
4 7.5 Consent Page 17
ATTACHMENT "A"
The engineering considerations checked below shall be made a condition of approval of the subject subdivision. ~ 1) Minimum structural street section shall be 2" asphalt concrete and 4" aggregate base, except as follows:
Traffic Asphalt Aggregate
Street Index Concrete Base
a) Denair 5.5 2" 4"
b) Main East/West M 2" 4"
c) West Per Traffic 4" §'.: Engineer
d) Cross 6.5 ~ 6"
Traffic index for residential cul-de-sacs is 4.5
Traffic index for other non-collector residential streets is 5.0 ~ 2) Arterial Treatment: West.
~ 3) The Developer shall submit a plan for landscaping/street trees and irrigation along streets with arterial treatment to be approved by the Director of Parks and Community Services.
D 4) A master plan for street layout for the entire development shall be submitted for approval prior to approval of any portion thereof.
~ 5) 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:
~ 6) A master plan for sanitary sewer for the entire development shall be submitted for approval prior to approval of any portion of the system.
~ 7) A master plan for storm drainage for the entire development shall be submitted for approval prior to approval of any portion of the system.
~ 8) The storm drain alignments shall be 11 feet south and/or west of centerline unless other alignments are approved by the City Engineer, or as follows:
~ 9) 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:
~ 10) A master plan for water for the entire development shall be submitted for a.pproval prior to approval of any portion of the system. ·
~ 11) Individual 1-1/2" water services with meter boxes shall be installed to all R-M-2 lots. ~ 12) Waiver of direct access rights as follows: West Street.
7.5 Consent Page 18
5 IZI 13) Miscellaneous Comments:
a) Provide Irrevocable offers of dedicatioAs at the south end of the two cul-de-sacs to allow possible future street access to the existing parcels to the south.
b) Provide sight triangle dedications at alley exits onto City streets (exact dimensions to be determined by Traffic Engineer.
c) All partial width streets shall have a minimum of 30 feet of paving width, plus room for a drainage swale (or an AC berm can be installed along that side of the street). d) Make adequate provisions for the relocation and/or piping of any existing irrigation ditches and/or pipes located completely or partially on this site .
...
7.5 Consent Page 19
6 ATTACHMENT "B"
The Developer 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
IZJ 1) Sewer front foot charges: $ 2 per front foot.
□ 2) Sewer Lift Station Fee of$ __ per acre.
IZJ 3) Water front foot charges: $17. 33 per front foot □ 4) Street front foot charges: $ __ .
□ 5) Other:
Special In-Lieu Fees
□ 6) Traffic Signals fee: $ __ .
□ 7) TIO Ditch Piping Fee: $ __ .
□ 8) Sewer Main fee:
□ 9) Water Main fee:
□ 1 Q) ·Street fee:
□ 11) Other fee: __ .
Plan Check, Inspection, and Impact Fees
IZJ 12) Engineering inspection to be based on a percentage of the estimated cost of construction [gJ 13) Development Impact Fees to be paid with Building Permit. [gJ 14) Engineering Plan Review fee to be paid at time of submittal IZJ 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. 7 7.5 Consent Page 20
City;if'
Tulare
~
Agri Center Of The World
TULARE FIRE DEPARTMENT
FIRE PREVENTION BUREAU
SITE ADDRESS: N/W Corner Cross & West St.
DBA: Christiana Homes
OWNER: Pacific Real Estate Holdings Inc.
ARCHITECT/ENGINEER: Forester, Weber & Associates
PLAN CORRECTION 01\dMENT.
Fire Department Y
DATE:May 17, 2004
The Fire Prevention Bureau convey the following. comments regarding the Tentative Subdivision Map for Pleasant Oaks# 5, 6 & 7:
1) Provide for access to future developments as required by Section 902 of the 2001 California Fire Code.
2) Provide for water supplies and fire hydrants for future developments as required by Section 903 of the 2001 California Fire Code. Plans for fire hydrant locations shall be submitted to Tulare Fire Prevention Bureau for final approval.
Fire Marshal
W ,.. ____800 _South __Blackstone __Street __• Tulare, _ ____California 93274 ___ • 559.685.2390 ____ • Fax 559.685.2397 _____ W ... AN EQUAL OPPORTUNITY EMPLOYER
7.5 Consent Page 21
- TULARE IRRIGATION DISTRICT
1350 West San Joaquin Avenue + Tulare, California 93274 + Telephone (559) 686-34r MEMO
To: Mr. Mark S. Kielty
Planning & Building Director
City of Tulare
From: David L. Zac~
Date: May 20, 2004
Re: Tentative Subdivision Pleasant Oaks No.'s 5, 6, and 7, Tentativ~ Parcel Map Application No. 2004-05, Tentative Parcel Map No. 2004-06 A Tulare Irrigation District 48-inch "cast-in-place" concrete pipeline is located in the 15ft. easement adjacent to the East boundary of the noted tentative subdivision map. This pipeline was not designed to support street loadings, therefore, modifications for the street and alley crossings will be required.
Also, the easement occupied by the pipeline was a part of the original parcel (prior to the subdivision layout). Who will have fee title to the area occupied by the pipeline? If title remains with the present owner, this will create property tax problems in the future (delinquencies) as this owner cannot use the property, and therefore will not pay the taxes. Why not designate the area of the canal easement as a subdivision lot that can be conveyed to the District or to the City.
The tentative subdivision map notes that the "Kaweah Canal and Pipeline'' will be relocated and piped. Please, inform the District of the proposed location of this pipe. _ ...
7.5 Consent Page 22
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7.5 Consent Page 23
ATTACHMENT 2
Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Paige Avenue Water Line/Union Pacific Pipeline Crossing Agreement
RECOMMENDED ACTION
Authorize the City Manager to execute a pipeline crossing agreement with Union Pacific Railroad for a 12-inch water main crossing at Paige Avenue and the Union Pacific Railroad, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.
SUMMARY
As part of the Paige Industrial Project located on the south side of Paige Avenue 900 feet west of ‘I’ Street, the developer is required to extend a 12-inch water main in Paige Avenue from its existing terminus just west of ‘K’ Street to a connection point located approximately 3,000 feet west of ‘K’ Street. The extension of the proposed water main will require crossing under the Union Pacific Railroad tracks just east of ‘I’ Street. Union Pacific Railroad requires a crossing agreement for any utility crossing of their facilities.
FISCAL IMPACT & FUNDING SOURCE(S)
The proposed water line crossing of the Union Pacific Railroad is identified in the City’s 2009 Water System Master Plans, and costs associated with its construction will be subject to oversize reimbursement in accordance with Chapter 8.64 of the Municipal Code.
LEGAL REVIEW
The Pipeline Crossing Agreement for the Paige Avenue/Union Pacific water line crossing has been reviewed and approved as to form and content by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes – any proposed changes to the crossing agreement could take months to resolve with Union Pacific Railroad, further delaying construction of the required improvements.
2. Deny – would prevent the Paige Industrial Project from constructing the looped water system required by the conditions of approval imposed upon the project.
3. Table – would delay construction of the Paige Industrial Project.
ATTACHMENTS
1. Union Pacific Pipeline Crossing Agreement
Reviewed/Approved:
Item #: 7.6
Consent
7.6 Consent Page 1
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 April 27, 2023
Project: 0788200
CITY OF TULARE
Re: Proposed One (1) Twelve Inch (12") Ductile Iron Pipe Cased In A Twenty Inch (20") Steel Pipe Casing For An Underground Water Pipeline Crossing of Railroad Property at Mile Post 251.75 on the Fresno Subdivision at or near Tulare, Tulare County, California Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Please return the executed agreement via email. For any payment(s), please follow the accompanying instructions.
An original copy of the fully-executed document will be returned to you, when approved and processed by the Railroad Company.
• Payment in the amount of Eight Thousand Seven Hundred Fifty Dollars ($8,750.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. Please include your payment, with Project No. 0788200 noted on that document. If you require formal billing, you may consider this letter as a formal bill and that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.
• Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).
If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.
If you have any questions, please contact me at [email protected].
Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
7.6 Consent Page 2 ATTACHMENT 1
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0788200
Last Modified: 06/05/18
Form Approved, AVP-Law
PIPELINE CROSSING
AGREEMENT
Mile Post: 251.75, Fresno Subdivision
Location: Tulare, Tulare County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of April 27, 2023, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF TULARE, to be addressed at 411 E. Kern Avenue, Tulare, California 93274 (“Licensee”).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSOR GRANTS RIGHT.
A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) twelve inch (12") ductile iron pipe cased in a twenty inch (20") steel pipe casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Tulare, Tulare County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated February 24, 2023, attached hereto as Exhibit A and made a part hereof.
B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) twelve inch (12") ductile iron pipe cased in a twenty inch (20") steel pipe casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.
C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.
Article 2. LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Eight Thousand Seven Hundred Fifty Dollars ($8,750.00).
Article 3. TERM.
This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.
7.6 Consent Page 3
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.
Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.
Article 5. INSURANCE.
A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.
B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.
Article 6. DEFINITION OF LICENSEE.
For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.
Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.
If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.
Article 8. WAIVER OF BREACH.
The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.
Article 9. ASSIGNMENT.
A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.
B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.
7.6 Consent Page 4
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. SEVERABILITY.
Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.
Article 11. NOTICES.
Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.
If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0788200) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179
If to Licensee: CITY OF TULARE
411 E. Kern Avenue
Tulare, California 93274
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.
Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.
Licensee is to directly coordinate services with the named inspector:
Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF TULARE
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________
7.6 Consent Page 5
X
0 80
175.0
122 0 53
1 121
52 4
14.9 14.1
NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1
BORED AND JACKED
AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE
DUCTILE IRON CLASS 50 NA
POTABLE WATER
60 90
18 12
YES
STEEL PIPE NA
177
0.375 20
YES
SEALED
125 58
MAINLINE TRACK
36.1821
-119.342589
TULARE TULARE CA
0788200 2/24/2023
CITY OF TULARE
NON-FLAMMABLE LIQUID
PIPELINE
Paige Avenue C/L
7.6 Consent Page 6
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law
EXHIBIT B
GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.
Section 2. ENGINEERING REQUIREMENTS; PERMITS.
A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.
B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.
C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.
Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.
A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.
B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written
7.6 Consent Page 7
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.
C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.
Section 4. FLAGGING.
A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.
B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.
C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.
D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.
When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.
7.6 Consent Page 8
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.
As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.
Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.
C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.
D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit
E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.
F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.
Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.
Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed.
7.6 Consent Page 9
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 7. LICENSEE'S PAYMENT OF EXPENSES.
A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.
B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.
C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.
Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.
A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.
B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.
Section 9. RESTORATION OF RAILROAD PROPERTY.
In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost
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Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.
Section 10. INDEMNITY.
A. Definitions. As used in this Section:
1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.
2. "Licensee" includes Licensee and its agents, contractors, subcontractors, subsubcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.
3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.
B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:
1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;
2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;
3. Removal of person(s) from Railroad Property;
4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;
5. Right(s) or interest(s) granted pursuant to this Agreement;
6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss;
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Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340
7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and
8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.
C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING
FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF
LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.
NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR
SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND
DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.
Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.
A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.
B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.
C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".
D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.
Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been
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Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.
E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.
F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.
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Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340
EXHIBIT C
INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:
A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.
CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).
The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.
C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.
If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.
Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage
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Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.
E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.
F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.
Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR
WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.
I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.
J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.
K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.
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Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Letter of Support for a Safe Streets for All (SS4A) Grant Application by the County of Tulare
RECOMMENDED ACTION
Authorize the Mayor to sign a letter of support for a Safe Streets for All (SS4A) grant application by the County of Tulare to fund an intersection improvement project at Cartmill Avenue (Ave 248) and West Street (Rd 92).
SUMMARY
The Tulare County Resource Management Agency has requested that the City of Tulare provide a letter of support for their Safe Streets for All (SS4A) grant application to construct improvements at the intersection of Cartmill Avenue (Ave 248) and West Street (Rd 92).
A draft letter of support is attached for Council’s consideration.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
Not applicable.
ALTERNATIVE ACTION
1. Approve with changes – Staff will make any requested revisions to the draft letter of support.
2. Deny – Not providing a letter of support would weaken the County’s Safe Streets For All (SS4A) application.
3. Table – The application deadline for the SS4A Program is July 10, 2023. The County is requesting a prompt response to their request for a letter of support to ensure that they can meet the deadline.
ATTACHMENTS
1. Draft Letter of Support
Reviewed/Approved:
Item #: 7.7
Consent
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CITY COUNCIL
411 East Kern Avenue Tulare, California 93274 559.684.4200 Fax 559.366.1701 June 6, 2023
Resource Management Agency
Attn: Hernan Beltran Herrera
5961 S. Mooney Boulevard
Visalia, CA 93274
RE: Letter of Support – County of Tulare “Safe Streets for All” (SS4A) Grant Application
Dear Mr. Herrera,
On behalf of the City of Tulare, I am pleased to submit this letter of support for the County of Tulare’s “Safe Streets for All” (SS4A) grant application to construct intersection safety improvements at the intersection of Avenue 248 and Road 92 (a.k.a., Cartmill Avenue and West Street). This intersection falls within the City of Tulare’s designated Sphere of Influence and is heavily traveled by members of our community.
The construction of intersection safety improvements at this location is therefore a matter of great importance to the City of Tulare.
As noted in the Local Road Safety Plan completed by the County of Tulare, the aforementioned intersection experiences higher than average collision rates and meets traffic signal warrants established by the California Manual on Uniform Traffic Control Devices. It should also be noted that the intersection of Avenue 248 and Road 92 results in numerous Level of Service complaints being reported to City councilmembers and was included in a list of traffic safety improvements along the Road 92 corridor requested by the City Council in a formal letter to the Resource Management Agency.
As such, the City of Tulare is delighted that the Resource Management Agency is actively pursuing grant funding to improve the intersection, either through the installation of a traffic signal or roundabout.
The City looks forward to working with the County of Tulare in this grant application process, and will actively participate as a stakeholder in your efforts to secure funding.
Please don’t hesitate to contact City Engineer Michael Miller at (559) 684-4207 if you have any questions or need any additional assistance.
Sincerely,
Terry A. Sayre, Mayor
7.7 Consent Page 2 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Economic Development
Submitted by: Traci Myers, Executive Director of Economic Development & Redevelopment
Agenda Title: Award Contract to NBS for Downtown PBID Study
RECOMMENDED ACTION
Approve the execution of a Professional Services Agreement with NBS in an amount not to exceed $117,100 to assist the City in re-examining the Downtown Special Benefits Property Assessment Districts.
SUMMARY
Special benefit property assessment districts are established to provide improvements and services to an area within the City limits which otherwise may not be provided to stakeholders of the district. Although specific planning and establishment of the process depends on the type of district being considered, in many cases the formation of special assessment district requires a formal process and public hearings.
On March 7, 2023, in concert with the City’s efforts to rehabilitate Downtown Tulare, City Council approved the issuance of a Request for Proposal to seek a qualified firm to re-exam the feasibility of creating a downtown special benefits property assessment district. The consultant will be responsible for recommending the type of special assessment district most beneficial to the downtown; development of a database of stakeholders and stakeholder priorities; development of an implementation plan outlining long term needs of the downtown (ie. maintenance, marketing, special events, lighting, landscaping, security, etc.); manage any outreach or communications strategies to stakeholders; and attend any City Council meetings as deemed necessary.
Staff received two responses to the Request for Proposals; (1) NBS; and (2) New City America, Inc. The two proposals were evaluated by staff and members of the Tulare Downtown Association.
After review, it was determined that both firms were very competent and capable of carrying out the required services. However, the following factors stood out in favor of NBS:
• NBS can complete the project within 8 months versus 12 months by New America; • NBS offers expertise in a variety of funding mechanisms for municipal government including special taxing districts and will recommend the best approach after input and analysis;
Item #: 7.8
Consent
7.8 Consent Page 1
• NBS provided several recent examples of special district work within the past couple of years whereas most of New America’s special district work appears to be in the past outside of district management; and
• NBS provided detailed resumes for the project team members.
FISCAL IMPACT & FUNDING SOURCE(S)
A mid-year adjustment to the 2023 budget was approved to support this project.
Account number: 001-4110-2017
LEGAL REVIEW
The proposed Professional Services Agreement between the City and NBS was reviewed and approved as to form and content by the City Attorney’s office.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Professional Services Agreement with Exhibits A & B
Reviewed/Approved:
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Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Human Resources
Submitted by: Janice Avila, Human Resources Director
Agenda Title: Application for Permission to File a Late Government Claim
RECOMMENDED ACTION
Deny the Application for Permission to File a Late Government Claim with the City of Tulare filed on May 18, 2023, by Daniel Uzi Frydman on behalf of Christopher Joaquin Perez.
SUMMARY
On May 18, 2023, the City was served with an application for permission to file a late claim by Christopher Joaquin Perez pursuant to Government Code §911.4. Mr. Perez claims he sustained injuries as a result of a dog bite on his calf at a private residence on June 12, 2022.
His attorney, Daniel Uzi Frydman, claims that Mr. Perez’ failure to timely file a government claim with the State of California is an excusable mistake, and as a result, he is asking the City to accept his claim which expired on December 12, 2022. Additionally, they are claiming that the delay in filing is understandable in context of all the Covid-19 related shutdowns and the fact that Governor Gavin Newsom issued Executive Order N-71-20 extending the six-month period for which to file a government claim to May 12, 2023.
AIMS, who handles claims processing for the City through the Risk Management Authority, has reviewed this application and found that the reasons stated for the late claim filing does not meet the criteria for late claim acceptance under the California Government Code.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
These actions were recommended by the Litigation Manager for the Central San Joaquin Risk Management Authority (RMA) and was reviewed and approved by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Application for Permission to File a Late Government Claim with the City of Tulare by Christopher Joaquin Perez
Reviewed/Approved:
Item #: 7.9
Consent
7.9 Consent Page 1
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Staff Report
Meeting: City Council
Date: June 6, 2023
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Intent to Establish Sister City Relationship
RECOMMENDED ACTION
Approve a letter of intent to establish a new Sister City relationship with Jalostotitlán, Jalisco, Mexico; and adopt a resolution endorsing the new Sister City relationship.
SUMMARY
On May 16, 2023, Councilmember Sigala requested, and the Council approved, an item to consider the establishment of a new Sister City relationship with Jalostotitlán, Jalisco, Mexico.
As part of this effort, a letter of intent has been drafted and submitted for Council review and approval. This will initiate the process for formally establishing this relationship.
The Hispanic Alliance for Culture, Education, and Recognition (HACER) has agreed to take lead in this process.
FISCAL IMPACT & FUNDING SOURCE(S)
Since this will be led by a third-party, there is no fiscal impact to the City.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Letter of Intent
2. Resolution - Endorsing Establishment
Reviewed/Approved:
Item #: 7.10
Consent
7.10 Consent Page 1
CITY COUNCIL
411 East Kern Avenue Tulare, California 93274 559.684.4200 Fax 559.366.1701 June 6, 2023
Adrianna Gonzalez Carrillo
Head Consul of Mexico in Fresno
7435 North Ingram Avenue
Fresno, CA 93711
RE: Sister City Letter of Intent
Jalostotitlán, Jalisco, Mexico
Madam Consul:
Let this correspondence serve as a Letter of Intent by the City of Tulare, California to formally initiate the process to establish a Sister City relationship with the City of Jalostotitlán.
Many of our citizens have strong familial and cultural ties to the State of Jalisco. After substantial discussion and research, the similarities between our two cities make this possible relationship very compelling. These similarities include the dependence upon agriculture, the dairy industry, reliance on business and community observance of annual religious fiestas. Our community also annually celebrates, in the month of February, the biggest farm equipment show in the world, the World Ag Expo.
Our community has a very active local Hispanic cultural group known as the Hispanic Alliance for Culture, Education, and Recognition (HACER) which will take the lead in advancing this exciting new cultural relationship. The President of HACER, Eloysa Segura-Moraza, and the members of HACER have begun the necessary steps to make this dream a reality. Our City Council is extremely supportive of this endeavor as exhibited by the unanimous adoption of this Letter of Intent.
In conclusion, the citizens of Tulare look forward to establishing a Sister City relationship with the City of Jalostotitlán and are excited about the future cultural exchange that it will bring between our two communities.
Sincerely,
Terry A. Sayre
Mayor of the City of Tulare
7.10 Consent Page 2 ATTACHMENT 1
RESOLUTION 2023-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ENDORSING A SISTER CITY RELATIONSHIP WITH THE CITY OF
JALOSTOTITLÁN, JALISCO, MEXICO
WHEREAS, the “People-to-People Program” was established by the President of the United States in 1956 to establish greater friendship and understanding between the people of the United States and other nations through the medium of direct personal contact; and
WHEREAS, all succeeding U.S. Presidents have endorsed said program to be conducted for the broad purpose of the exchange of ideas and people between the citizens of the United States of American and people of other nations; and WHEREAS, numerous cities throughout Tulare County and the United States have established sister city relationships with communities in foreign countries of similar characteristics and mutual interest; and
WHEREAS, in 1966, the City of Tulare established a Sister City relationship with both Angra do Heroísmo, a city on Terceira Island in Azores, Portugal and Inverell, a town in New South Wales, Australia; and
WHEREAS, the City of Tulare, through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship and economic link between the people of Tulare and Jalostotitlán, a town in Jalisco, Mexico.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The City of Tulare does hereby endorse and embrace the establishment of a new Sister City relationship with the town of Jalostotitlán, Jalisco, Mexico.
PASSED, APPROVED, AND ADOPTED on this 6th day of June 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
7.10 Consent Page 3 ATTACHMENT 2
Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Ford F-150 Truck Purchase for the Office of Safety, Compliance and Facilities
RECOMMENDED ACTION
Award the purchase of one (1) new/unused 2023 Ford F-150 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $55,507.11, which includes all fees, tax and shipping.
SUMMARY
The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one (1) new/unused 2023 Ford F150 XL 4WD SuperCrew truck from National Auto Fleet Group, of Watsonville, CA in the amount of $55,507.11.
The proposed truck will replace unit #147 which is a 2007 Ford Expedition currently driven by Manny Correa, with the Office of Safety, Compliance and Facilities. This vehicle is currently requested for replacement in the FY 2023/24 Fleet Replacement budget in the amount of $60,000. The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. On May 31, 2023, National Auto Fleet Group advertised one 2023 Ford F-150 up for purchase on a first come first serve basis. The Fleet Superintendent made contact and was able to secure the vehicle. Due to the time constraints, the City Manager approved the issuance of a purchase order to secure the truck. If the City Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.
FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the vehicles will come from the Office of Safety, Compliance and Facilities Fleet Replacement Funds (Fund 604). The requested budget for this truck was $60,000.
LEGAL REVIEW
This item does not require review by the City Attorney’s office.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
If not approved, the Office of Safety, Compliance and Facilities will have to continue to use the 2007 Ford Expedition until a new vehicle can be purchased.
Item #: 7.11
Consent
7.11 Consent Page 1
ATTACHMENTS
1. Truck Specifications from the National Auto Fleet Group Reviewed/Approved:
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Staff Report
Meeting: City Council
Date: June 6, 2023
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Energy Services Agreement Change Order and Financing Approval
RECOMMENDED ACTION
Approve Change Order No. 001 adding new HVAC units at the Tulare Youth Center and Animal Shelter for $897,824; and adopt a resolution authorizing the City to enter into an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation to finance energy efficient equipment, solar energy generation equipment, and other improvements in an amount not to exceed $14,000,000.
SUMMARY
On April 25, 2023, a special City Council meeting was held to consider certain energy efficiency improvements proposed by ENGIE Services U.S. (“ENGIE”). At that time, the Council requested several additional items be considered for inclusion with the project. A public hearing was then held on May 16, 2023, in order to receive public input regarding an energy services agreement the City was considering entering into with ENGIE. The agreement did not include any of the additional items Council requested be considered as more time was needed to conduct an analysis of the feasibility of those items. Following the hearing, Council approved the agreement with the intent of a contract amendment being brought in the near future to include the additional items requested. That contact amendment in the form of a change order is under consideration this evening.
Following ENGIE’s analysis of the additional requested items, adding new HVAC units at the Youth Center and Animal Shelter are the only items included in Change Order No. 001. This will add an additional $897,824 to the project, bringing the project total to $12,895,898. The price of the Youth Center is $659,446 and the Animal Shelter is $238,358. ENGIE is recommending the City keep a provision in the financed amount for the following potential extra costs:
1. ENGIE is unsure if the Gymnasium and Kaos Club walls would need to be insulated.
Much depends on what the Building division will require. If required, it will cost approximately $100,000.
2. ENGIE is reasonably sure that the electrical services to the Youth Center will need to be upgraded; however, that is determined by Edison. ENGIE has not included that cost which is approximately$200,000.
The City is proposing to enter into an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation to finance energy efficiency equipment, solar generation facilities, and other improvements identified by ENGIE Services U.S. as providing energy efficiency, reliability, and other benefits to the City. Based on financial analysis provided by ENGIE, the project is expected to result in a net financial savings of over $10,000,000 to the Item #: 8.1
Public Hearing
8.1 Public Hearing Page 1
City over the next 30 years with savings generated every year. Key project components include:
• Installation of new higher-efficiency HVAC units at a number of City buildings to upgrade and replace aging HVAC equipment to improve energy efficiency, reliability and indoor air quality;
• Replacement or retrofit of older generation lighting with new, more efficient and longer lasting LED lighting at various City buildings, parks and sports fields; • Installation of solar photovoltaic generation equipment as solar parking canopies at the City Hall, City Library, Community & Activity Center, and Senior Center.
On May 9, 2023, the City obtained a proposal from the Banc of America Public Capital Corporation’s Energy Services Group to finance the project via a tax-exempt Equipment Lease/Purchase Agreement with a fixed 3.85% annual interest rate and repayment term of approximately 20 years. Based on evaluation by Bartle Wells Associates, acting as the City’s independent financial advisor, the proposal was deemed to be very competitive and beneficial to the City. The interest rate is locked in until early July 2023, hence the City has been moving forward to complete and close the lease financing by the end of June 2023.
Lease payments will be structured to roughly correspond with annual cost savings derived from the project improvements and result in net savings to the City every year through final lease repayment in approximately 20 years. Savings is projected to continue for at least an additional 10 years as the project is expected to continue providing financial benefits to the City after the lease is fully repaid. As proposed, the lease can be prepaid or refunded on any payment date with a 2% prepayment premium.
If authorized, the City would adopt a Resolution authorizing the City to enter into an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation to finance the project in an amount not to exceed $14,000,000 at an interest rate not to exceed 4.25%. These not-to-exceed amounts are a little higher than the anticipated final project cost and proposed
3.85% interest rate in order to provide a little buffer in case of unanticipated project changes or in case the financing is not closed until after the interest-rate lock period which could result in a change in the interest rate as specified in the bank’s financing proposal.
The Resolution also approves of the form of the following legal documents • Equipment Lease/Purchase Agreement – This agreement details the key terms of the lease financing. Under this agreement, Banc of America Public Capital Corporation agrees to provide funds for the City’s acquisition of the project, and the City covenants to budget and appropriate funds each year as needed to pay annual lease payments.
The agreement is further secured by the equipment being acquired. If the City fails to make lease payments as scheduled, the City is obligated to cease use of the equipment and return the equipment to the bank at the City’s expense. • Escrow and Account Control Agreement – This agreement establishes an escrow account to hold the project funds on the City’s behalf by Wilmington Trust, National Association, as Escrow Agent. Under the agreement, the City can submit Disbursement Requests as needed to pay project costs.
FISCAL IMPACT & FUNDING SOURCE(S)
If approved, the City will finance the proposed improvements. Since this project’s purpose is to provide energy efficiency, the City will realize a net savings of approximately $10,000,000 over a 30-year period.
8.1 Public Hearing Page 2
LEGAL REVIEW
This item was reviewed by the City Attorney’s Office.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Change Order No. 001
2. Youth Center Mechanical Progress and Electrical Scope
3. Animal Shelter Mechanical Progress and Electrical Scope
4. Resolution
Reviewed/Approved:
8.1 Public Hearing Page 3
ENGIE Services Project #: CN-001222
ENGIE Services Contract # R 3596
V 12/5/15
Change Order No. 001
Customer Contract Title: Energy Services Contract Customer Contract No. R 3596 Customer Contract Effective Date: May 17, 2023 Change Order Effective Date: June 7, 2023 Customer Name: City of Tulare
Customer Address: 411 E Kern Ave, Tulare, CA 93274
Contact: Attention: Marc Mondell
Job Location: Youth Center - 948 N H St, Tulare, CA 93274 & Animal Shelter – 3817 S K St, Tulare, CA 93274 Reason for/Description of
Change Order:
At City Council meeting, the City Council requested additional new HVAC units at the Tulare Youth Center and Animal Shelter as detailed in below scope of work:
1.1. Youth Center Scope Summary:
1.1.1. ENGIE Services U.S. will design, engineer, furnish and install HVAC systems for the Gymnasium, Klub Kaos, and the Front Lobby at Youth center. The intent of the design is to remove the existing evaporative coolers EC3A and EC3B serving the Gymnasium, EC2 serving Klub Kaos, and EC1A serving the Front Lobby and install HVAC units. The final installation and arrangement of the system will be determined by ENGIE Services U.S. during final engineering.
1.1.2. Disconnect and remove four (4) existing evaporative coolers (EC1A, EC2, EC3A and EC3B).
1.1.3. Disconnect existing ductwork, electrical, and condensate drain piping and prepare for future connection.
1.1.4. Gymnasium:
1.1.4.1. Furnish and install heat pump systems complying with 2022 T-24 requirements.
1.1.4.2. Furnish and install two (2) 25-tons variable volume heat pumps to serve the Gymnasium (Area: 9,875 sq. ft.). The heat pumps are designed for a maximum occupancy of 400 people.
1.1.4.3. Reuse existing relief air louvers.
1.1.4.4. Install two (2) CO2 sensors in the space.
1.1.4.5. Supply and install 200A/3P HD fused safety disconnect switch, NEMA 3R enclosure adjacent to each unit.
1.1.4.6. Install new 150A/3P breaker in existing 208V switchboard for each unit.
1.1.4.7. Install new feeder conduit and wires from main switchboard to the unit on roof for each unit.
1.1.4.8. Connect conduit and wires to the disconnect switch and to the unit using Liquidtight Flexible Metal Conduit (LFMC) for each unit.
1.1.4.9. Install new control wiring, as needed, for each unit.
1.1.5. Klub Kaos
1.1.5.1. Furnish and install heat pump system complying with 2022 T-24 requirements.
1.1.5.2. Furnish and install one (1) 15-ton variable volume heat pump to serve Klub Kaos (Area: 3,425 sq. ft.). The heat pumps are designed for a maximum occupancy of 130 people.
1.1.5.3. Reuse existing relief air gravity vents.
1.1.5.4. Install one (1) CO2 sensor in the space.
1.1.5.5. Supply and install 100A/3P HD fused safety disconnect switch, NEMA 3R enclosure, adjacent to the unit on roof.
1.1.5.6. Replace existing 110A/3P breaker in existing switchboard with new 100A/3P breaker.
1.1.5.7. Reuse existing feeder conduit and wires to supply 208V 3-phase power to new unit. Extend conduit and wire, as needed, to terminate in the disconnect switch and to the unit using LFMC.
1.1.5.8. Install new control wiring, as needed.
1.1.6. Front Lobby
1.1.6.1. Furnish and install heat pump system complying with 2022 T-24 requirements.
1.1.6.2. Furnish and install one (1) 6-ton heat pump to serve the Front Lobby (Area:
1,275 sq. ft.)
1.1.6.3. Reuse existing relief air vent.
1.1.6.4. Supply and install 60A/3P fused safety disconnect switch, NEMA 3R enclosure, adjacent to the unit on roof.
8.1 Public Hearing Page 4 ATTACHMENT 1
1.1.6.5. Reuse existing feeder conduit and wires to supply 208V 3-phase power to new unit. Extend conduit and wire, as needed, to terminate in the disconnect switch and to the unit using LFMC.
1.1.6.6. Connect conduit and wires to the unit using LFMC.
1.1.6.7. Install new control wiring, as needed.
1.2. Animal Center Scope Summary:
1.2.1. ENGIE Services U.S. will design, engineer, furnish and install HVAC systems for the Kennels and Isolation & Intake areas at Animal Shelter. The intent of the design is to remove the existing evaporative coolers EVC1 and EVC2 serving the Kennels, EC3 serving the Isolation & Intake area and install new heat pumps. The final installation and arrangement of the system will be determined by ENGIE Services U.S. during final engineering.
1.2.2. Disconnect and remove three (3) existing evaporative coolers (EVC1, EVC2 and EVC3).
1.2.3. Disconnect existing ductwork, electrical, and condensate drain piping and prepare for future connection.
1.2.4. Kennels:
1.2.4.1. Furnish and install heat pump systems complying with 2022 T-24 requirements.
1.2.4.2. Furnish and install two (2) 5-ton heat pumps to serve the Kennels (Area:
approximately 2,971 sq. ft.).
1.2.4.3. Supply and install 60A/3P HD fused safety disconnect switch, NEMA 3R enclosure, adjacent to the unit on roof for both units.
1.2.4.4. Install new 45A/3P breaker (Type HCAR) in existing 240V 3-phase panelboard to replace existing breaker for both units.
1.2.4.5. Install new feeder wires (copper) in existing conduit from panelboard to the unit on roof for both units.
1.2.4.6. Connect conduit and wires to the disconnect switch and to the unit using LFMC for both units.
1.2.4.7. Install new control wiring, as required, for both units
1.2.5. Isolation & Intake Area
1.2.5.1. Furnish and install heat pump systems complying with 2022 T-24 requirements.
1.2.5.2. Furnish and install one (1) 2-ton heat pump to serve the Isolation & Intake Area (Area: approximately 500 sq. ft.).
1.2.5.3. Supply and install 30A/1P HD fused safety disconnect switch, NEMA 3R enclosure, adjacent to the unit on roof.
1.2.5.4. Install a new 20A/1P breaker (HCAR) in existing 240V 3-phase panelboard to replace existing breaker.
1.2.5.5. Reuse existing feeder conduit and wires to supply 230V 1-phase power to new unit. Extend conduit and wire, as needed, to terminate in the disconnect switch and to the unit using LFMC.
1.2.5.6. Install new control wiring, as required.
1.3. Provide all new units with the following features and accessories:
1.3.1.1. 100% dry bulb economizer with outside air intakes to meet Title 24 requirements.
1.3.1.2. All new electrical disconnects with new seal tight flexible conduits and new wire for line and load side of disconnects. New seal tight conduit for receptacles and controls enclosures.
1.3.1.3. Provide new flexible conduits for all existing conduit runs from roof penetration to unit disconnect.
1.3.2. Provide new supply air (SA) and return air (RA) ducting, as needed.
1.3.3. Provide new ceiling mounted
1.3.3.1. SA and RA registers as determined during final engineering for the Gymnasium.
1.3.3.2. RA registers for Klub Kaos and reuse the existing SA registers.
1.3.3.3. RA registers for the Front Lobby and reuse the existing SA registers.
1.3.3.4. RA registers for Kennels and Isolation & Intake Area.
1.3.4. Provide duct liner insulation for all newly installed exposed ductwork on roof. Provide duct liner insulation of the supply air ducting inside the Gymansium.
1.3.5. Modify existing roof opening for SA and provide new RA and SA duct wall openings, as necessary.
1.3.6. Connect new condensate piping to new units. Condensate drain to be connected to a code approved receptacle or drywell. All new outdoor condensate drain piping from new equipment to point of connection to existing piping to be copper.
1.3.7. Provide new roof curbs or equipment platform for units.
1.3.8. Supply duct smoke detector and automatic unit shut-off for new heat pumps. Include commissioning to meet local code requirements, as necessary.
1.3.9. Patch all roof penetrations associated with installation of system.
1.3.10.Existing furnace and unit heaters to remain in place.
1.3.11.Permanently identify unit number with weather resistant label, sticker or engraved plastic nameplate with post installation unit and nameplate photos.
1.4. Exclusions:
8.1 Public Hearing Page 5
1.4.1. New fire alarm design, systems, components, or connections except for connections to new carbon monoxide systems. Excludes connection to fire alarm control panels.
1.4.2. Certified air testing and balancing of any existing HVAC equipment.
1.4.3. Hazardous material testing and removal.
1.4.4. Any electrical, structural, or architectural and roofing upgrades beyond those specifically noted in this Scope of Work.
1.4.5. Any service upgrades needed to the main electrical service to the Youth Center or the Animal Shelter as required by Utility or the City.
1.4.6. Any wall or roof insulation required is not included. After competion of engineering and procurement of building permit, ENGIE Services U.S. will provide an extra price for any insulation required.
1.4.7. Duct cleaning.
1.4.8. Exhaust fans or interconnections to exhaust fans unless currently interconnected with existing HVAC equipment in scope.
1.4.9. Commissioning, except for factory start-up and air balance.
1.4.10.Repair, redesign or replacement of existing ductwork except what is required for the new HVAC equipment replacements at the HVAC equipment location.
1.5. General Exclusions Applicable to All Scopes:
1.5.1. Bringing existing systems up to code.
1.5.2. Any ongoing landscaping maintenance.
1.5.3. Removal and disposal of hazardous substances, including asbestos containing materials. If ENGIE Services U.S. encounters material suspected to be hazardous, ENGIE Services U.S. will notify the City representative and stop further work in the area until the material is removed.
1.5.4. Contaminated soils handling or disposal.
1.5.5. Additional costs related to underground obstructions or unsuitable soil conditions encountered during trenching or other excavation.
1.5.6. Structural upgrades to existing structures.
1.5.7. Screening of new or existing equipment.
1.5.8. Temporary heating, cooling or pumping services.
1.5.9. Repair or replacement of damaged or inoperable existing equipment that is not specifically being replaced under the Scope of Work. When such items are discovered, ENGIE Services U.S. will immediately notify a City representative.
1.5.10.Smoke detectors, fire alarm system work, or fire life safety work.
1.5.11.Repair or replacement of existing housekeeping pads, concrete pads, or base repair of existing walkway lighting are excluded.
1.5.12.Painting, including of exposed ducts, is excluded.
1.5.13.With respect to Projects with new equipment connecting to the building’s existing electrical distribution system, ENGIE Services U.S. will not be responsible for the electrical integrity of the existing electrical system, e.g., the condition and proper termination of current-carrying, grounded, and grounding conductors, bus taps, protective elements, the proper protection of existing wire through knockouts, or missing components. The City is responsible for providing and maintaining the building’s electrical distribution system that meets the latest NEC and guidelines adopted by the authority having jurisdiction.
1.5.14.Americans with Disabilities Act (ADA) regulation requirements, except as stated in the scope of work above.
1.6. General Beneficial Use and Warranty Criteria for Specific Pieces of Equipment:
1.6.1. HVAC ADDITIONs –The ENGIE Services U.S. Warranty commences immediately upon the occurrence of two weeks of uninterrupted operation within 10% of design conditions. “Uninterrupted operation” is defined as: no involuntary shutdowns due to mechanical difficulties. Flows will be established by a test and balance report created by ENGIE Services U.S. With respect to the HVAC units, ENGIE Services U.S. will provide written notice to City of the date the ENGIE Services U.S. Warranty commences.
1.7. Tentative Work Scopes to Receive Substantial and Final Completion:
1.7.1. Each ECM requires (1) substantial completion and (1) final completion per site.
HVAC
Additions
Total
Substantial
Completions
Total Final Completions
Animal Shelter 1 1
Youth Center 1 1
8.1 Public Hearing Page 6
By: By:
Print Name: Print Name:
Title: Title:
RETURN EXECUTED COPY TO: ENGIE Services U.S. Inc., 500 Twelfth Street, Suite 300, Oakland, CA 94607, Attn.: Contract Administrator
The changes within are hereby authorized, subject to the terms and conditions of that certain Customer Contract referenced above by and between ENGIE Services U.S. Inc., and Customer. Except as set forth herein, the Customer Contract is not amended, modified, impaired or otherwise affected, and is hereby confirmed in full force and effect.
CITY OF TULARE ENGIE SERVICES U.S. INC.
kWh kW Therms Dollars
$11,998,074.00 $0.00
$0.00 $0.00
$897,824.00 0 0 0 $0.00
$12,895,898.00 0 0 0 $0.00
Original Contract Start Date (Signed): 5/17/2023
Original Contract Complete Date:
Projected Savings Impact
Original Contract:
Revised Contract Complete Date:
Prior Change Orders:
*Amount this Change Order:
Revised Contract Amount:
Original Contract Amount:
Prior Change Order(s) Will Add (Deduct):
This Change Order Will Add (Deduct):
Revised Contract Amount:
8.1 Public Hearing Page 7
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ATTACHMENT 2
8.1 Public Hearing Page 9
Date: 05-19-2023
Electrical Scope for Proposed New HVAC Units (Heat Pumps) Installation at Youth Community Center
1) Coordinate with the utility for replacement of existing SCE (150 kVA) transformer with new larger transformer and existing service cables to supply power to the added loads. • Note: Existing 1000A, 208/120V main service switchboard is adequate to supply power to new loads.
2) Unit HP-1:
a. Supply and install 200A/3P HD Fused Safety Disconnect switch, NEMA 3R Enclosure, adjacent to the unit on roof.
b. Install EC-supplied new 150/3P breaker in 208V Switchboard (MSB). c. Install new feeder conduit and wires from MSB switchboard to the unit on roof. d. Connect conduit and wires to the disconnect switch and to the unit using LFMC. e. Install new control wiring as required
3) Unit HP-2:
• Supply and install 200A/3P HD Fused Safety Disconnect switch, NEMA 3R Enclosure, adjacent to the unit on roof.
• Install EC-supplied new 150/3P breaker in 208V Switchboard (MSB). • Install new feeder conduit and wires from MSB switchboard to the unit on roof. • Connect conduit and wires to the disconnect switch and to the unit using LFMC. • Install new control wiring as required
4) Unit HP-3:
• Supply and install 100A/3P HD Fused Safety Disconnect switch, NEMA 3R Enclosure, adjacent to the unit on roof.
• Replace existing 110/3P breaker in Switchboard (MSB) with new EC-supplied 100A/3P breaker.
• Reuse existing feeder conduit and wires to supply 208V 3-phase power to new unit.
Extend conduit and wire as needed to terminate in the disconnect switch and to the unit using LFMC.
• Install new control wiring as required
5) Unit HP-4:
• Supply and install 60A/3P HD Fused Safety Disconnect switch, NEMA 3R Enclosure, adjacent to the unit on roof.
• Reuse existing feeder conduit and wires to supply 208V 3-phase power to new unit.
Extend conduit and wire as needed to terminate in the disconnect switch and to the unit using LFMC.
• Connect conduit and wires to the unit using LFMC.
• Install new control wiring as required
6) Demo of Existing EC Units:
• Disconnect safely the existing conduits and wires from EC-1A, EC-2, EC-3A and EC-3B Evap. Coolers.
8.1 Public Hearing Page 10
• Make the conduits and wires safe for Mechanical Contractor to demo the existing units.
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ATTACHMENT 3
8.1 Public Hearing Page 13
Date: 05-23-2023
Electrical Scope for Proposed New HVAC Units (Heat Pumps) Installation at Animal Center
Note: Existing 400A, 120/240V 3-ph 4W main service switchboard is adequate to supply power to new loads.
1) Unit HP-1:
a. Supply and install 60A/3P HD Fused Safety Disconnect switch, NEMA 3R Enclosure, adjacent to the unit on roof.
b. Install EC-supplied new 45A/3P breaker (Type HCAR) in existing 240V 3-phase Panelboard (LA) to replace existing breaker.
c. Install new feeder wires (copper) in existing conduit from Panelboard (LA) to the unit on roof.
d. Connect conduit and wires to the disconnect switch and to the unit using LFMC. e. Install new control wiring as required.
2) Unit HP-2:
• Supply and install 60A/3P HD Fused Safety Disconnect switch, NEMA 3R Enclosure, adjacent to the unit on roof.
f. Install EC-supplied new 45A/3P breaker (Type HCAR) in existing 240V 3-phase Panelboard (LA) to replace existing breaker.
• Install new feeder wires(copper) in existing conduit from Panelboard (LA) to the unit on roof.
• Connect conduit and wires to the disconnect switch and to the unit using LFMC. • Install new control wiring as required.
3) Unit HP-3:
• Supply and install 30A/1P HD Fused Safety Disconnect switch, NEMA 3R Enclosure, adjacent to the unit on roof.
g. Install EC-supplied new 20A/1P breaker (HCAR) in existing 240V 3-phase Panelboard (LA) to replace existing breaker.
• Reuse existing feeder conduit and wires to supply 230V 1-phase power to new unit.
Extend conduit and wire as needed to terminate in the disconnect switch and to the unit using LFMC.
• Install new control wiring as required.
4) Demo of Existing EC Units:
• Disconnect safely the existing conduits and wires from EVC-1, EVC-2, and EVC-3 Evap.
Coolers.
• Make the conduits and wires safe for Mechanical Contractor to demo the existing units.
8.1 Public Hearing Page 14
RESOLUTION 2023-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE EXECUTION AND DELIVERY OF LEGAL DOCUMENTS IN
CONNECTION WITH THE LEASE FINANCING OF CERTAIN ENERGY EFFICIENT EQUIPMENT IN AN AMOUNT NOT TO EXCEED $14,000,000; AND PROVIDING FOR
CERTAIN OTHER MATTERS RELATED THERETO
WHEREAS, the City of Tulare (“City”) is authorized by the laws of the State of California to purchase, acquire, and lease personal property for the benefit of the City and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the City desires to finance certain energy efficient equipment with a cost not to exceed $14,000,000, constituting personal property necessary for the City to efficiently perform essential governmental functions and/or functions incidental thereto, such as solar photovoltaic systems, LED lighting, HVAC, and other energy efficiency equipment (“Equipment”) to be installed at various locations in the City; and WHEREAS, in order to finance the acquisition and installation of the Equipment, the City proposes to enter into an Equipment Lease/Purchase Agreement (“Agreement”) with Banc of America Public Capital Corp, or an affiliate, as lessor (“BAPCC”), whereby BAPCC will provide funding to acquire the Equipment and the City will lease the Equipment from BAPCC, subject to the terms of the Agreements; and WHEREAS, to provide a mechanism for disbursement of the funds for the Equipment, the City proposes to enter into that certain Escrow and Account Control Agreement (“Escrow Agreement”) among the City, BAPCC, and Wilmington Trust, National Association, as escrow agent; and
WHEREAS, pursuant to Section 5852.1 of the California Government Code, the City has received certain representations and good faith estimates from Bartle Wells Associates, as municipal advisor to the City (“Municipal Advisor”) and the City has disclosed such good faith estimates as set forth in Exhibit A attached hereto; and WHEREAS, this City Council deems it for the benefit of the City and for the efficient and effective administration thereof to enter into the Agreement and the Escrow Agreement, and the other documentation related to the financing of the Equipment for the purchase, acquisition, and leasing of the Equipment on the terms and conditions therein provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. Approval of Agreement. The Agreement is hereby approved, in substantially the form on file with the City Clerk and Clerk of the Council. The City Manager and/or Finance Director/Treasurer are hereby authorized and directed to execute such Agreement, together with such changes therein or additions thereto as may be deemed advisable to such officers, upon the advice of Hawkins Delafield &
8.1 Public Hearing Page 15 ATTACHMENT 4
Resolution 2023-XX
Wood LLP, as bond counsel to the City (“Bond Counsel”), such execution to be conclusive evidence of the approval of such Agreement; provided that the principal amount to be financed under the Agreement shall not exceed $14,000,000 and the annual interest rate under the Agreement shall not exceed 4.25% (exclusive of an adjustment upon an event of default or event of taxability.
Section 2. Approval of Escrow Agreement. The Escrow Agreement is hereby approved in substantially the form on file with the City Clerk and Clerk of the Council.
The City Manager and/or Finance Director/Treasurer are hereby authorized and directed to execute such Agreement, together with such changes therein or additions thereto as may be deemed advisable to such officers, upon the advice of Bond Counsel, such execution to be conclusive evidence of the approval of such Escrow Agreement.
Section 3. Approval of Bond Counsel and Financial Advisor. The employment of Hawkins Delafield & Wood LLP as Bond Counsel for the Lease Financing is hereby approved and authorized. The employment of Bartle Wells Associates as Municipal Advisor for the Lease Financing is hereby approved and authorized.
Section 4. Approval of Related Actions. The President of the Council and ExOfficio Mayor of the City, the City Manager, the Finance Director/Treasurer of the City, the City Clerk and Clerk of the Council and Chief Deputy City Clerk and Clerk of the Council, and any other officers of the City as may be appropriate under the circumstances, are hereby authorized and directed to execute and deliver any and all papers, agreements or instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the Lease Financing as contemplated by this Resolution, and to cause all of the proceedings relating hereto to conform to such transactions contemplated by the Agreement.
Section 5. Ratification of Prior Actions. All actions and proceedings heretofore taken by the President of the Council and Ex-Officio Mayor of the City, the City Manager, the Finance Director/Treasurer of the City, the City Clerk and Clerk of the Council and Chief Deputy City Clerk and Clerk of the Council, and any other officers of the City in the financing of the Project is hereby ratified and confirmed.
Section 6. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED, AND ADOPTED on this 6th day of June 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
8.1 Public Hearing Page 16
Staff Report
Meeting: City Council
Date: June 6, 2023
Department: Finance
Submitted by: J. Diego Ibanez, Chief Financial Officer
Agenda Title: Fiscal Year 2024 Budget Review
RECOMMENDED ACTION
Review the proposed Fiscal Year 2024 budget and the current balance of the Fiscal Year 2023 Council Travel Funds and Community Improvement Funds and provide direction thereto.
SUMMARY
Continued review of the proposed 2023-24 Budget that provides a preliminary overview of the City’s overall budget. Each councilmember received budget flexsheets for the general fund and department showing their proposed expenditure. A PowerPoint presentation will summarize the budget by various categories and their net operation.
Staff will also provide Council with an update of their department FY 22-23 budget.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Proposed FY 2024 Budget Flexsheets
Reviewed/Approved:
Item #: 9.1
General Business
9.1 General Business Page 1
City of Tulare
General Fund Financial Forecast / Model
Fiscal Years 2022-23 to FY 2028-29
Updated for Mid-Year FY 2022-23
GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4010 - Mayor / Council PS 1021 Regular Salaries $ 3,686 $ 4,813 $ 6,000 $ 5,000 $ 6,600 1023 Seasonal Wages 530 598 600 600 -
1101 CalPERS - Retirement 16 10 10 10 -
1102 CalPERS - Survivor Benefit 39 24 30 30 26
1103 FICA 425 554 560 560 560
1104 Health Insurance 43,800 11,960 11,960 11,960 11,960 1105 Worker's Compensation 7 8 20 8 -
1106 Employee Assistance Program 237 260 250 250 244
MO 2012 Public Relations 1,481 433 750 400 2,000
2013 Postage 18 17 100 200 200
2016 Travel / Conferences / Training 1,820 869 6,300 3,000 2,400 2017 Professional / Technical Service 14,276 - 15,000 5,000 5,000 2025 Office Supplies - 89 150 150 150
2032 General Supplies 412 612 500 500 500
2039 Printing / Copying / Advertising 619 - 250 250 100 2044 Dues & Subscriptions 21,733 21,999 22,180 22,739 23,400 2055 Administrative Fees 16,860 18,170 18,790 18,790 18,790 2116 Travel - District 1 550 (375) 2,500 633 2,500
2117 Community Development - District 1 - - 2,500 1,000 2,500 2216 Travel - District 2 600 1,019 2,500 2,500 2,500
2217 Community Development - District 2 - - 2,500 - 2,500 2316 Travel - District 3 - 134 2,500 250 2,500
2317 Community Development - District 3 - - 2,500 - 2,500 2416 Travel - District 4 550 1,113 2,500 750 2,500
2417 Community Development - District 4 - - 2,500 - 2,500 2510 Software Mainenance 135 642 920 600 1,750
2516 Travel - District 5 - 118 2,500 700 2,500
2517 Community Development - District 5 - - 2,500 - 2,500 2551 IT Equipment Replacement 14,770 16,840 16,900 16,900 25,099 4110 - Mayor / Council - Total: $ 122,564 $ 79,907 $ 126,270 $ 92,780 $ 123,779 4020 - Admin - City Manager PS 1021 Regular Salaries $ 285,233 $ 285,444 $ 349,990 $ 370,000 $ 392,713 1026 Workers Compensation Pay 214 - - - -
1027 Vacation & Holiday Pay 28,988 97,158 - 26,000 -
1028 Vacation / Holiday / Sick Buy-back 9,515 - 13,390 - 14,722 1030 Sick Pay 11,483 60,128 - 5,500 -
1101 CalPERS - Retirement 32,670 71,783 26,400 46,800 33,874 1102 CalPERS - Survivor Benefit 59 58 60 60 64
4020 - Admin - City Manager, cont. 1103 FICA 4,973 6,466 5,340 5,340 5,908 1104 Health Insurance 13,953 11,242 19,730 19,730 19,734 1105 Worker's Compensation 4,932 5,401 5,310 5,310 5,791 1106 Employee Assistance Program 130 126 140 140 140
1108 Deferred Compensation Benefits - 8,355 10,900 12,500 13,400 1109 PARS 9,718 9,440 10,460 11,000 11,483
General Fund Budget 3rd Iteration 9.1 General Business Page 2 ATTACHMENT 1 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 1111 CalPERS - Unfunded Liability (FLAT) 30,469 34,636 77,230 37,230 - MO 2012 Public Relations 39 325 200 100 250
2013 Postage 46 62 100 300 150
2015 Communications 1,904 1,982 2,050 2,400 2,650
2016 Travel / Conferences / Training 3,918 5,276 6,500 7,000 11,250 2017 Professional / Technical Service 4,024 51,890 33,800 16,000 33,750 2021 Clothing & Uniforms 21 - - - -
2025 Office Supplies 122 213 500 500 500
XXXX Tuition Reimbursement 5,000
2032 General Supplies 692 1,294 1,500 1,500 1,500
XXXX Legal Services 2,500
2039 Printing / Copying / Advertising 1,848 2,113 2,900 2,000 2,000 2041 Liability & Fire Insurance 3,030.00 2,941.00 4,190.00 4,190.00 4,190 2044 Dues & Subscriptions 2,803 3,277 2,500 2,500 3,270 2052 Personal Automobile Allowance 6,016 5,785 6,000 7,000 6,000 2055 Administrative Fees 75,150 71,790 42,890 42,890 42,890 2065 Election Cost 24,422 - 75,000 40,000 50,000
2510 Software Cost 3,690 3,079 4,760 4,760 22,510
2551 Equipment Replacement 2,560 2,971 3,040 3,040 4,978 4020 - Admin - City Manager - Total: $ 562,622 $ 743,235 $ 704,880 $ 673,790 $ 691,217 4030 - Finance PS 1021 Regular Salaries $ 442,141 $ 452,108 $ 760,820 $ 475,000 $ 686,883 1022 Regular - Part-time Salaries 20,009 18,491 - 10,000 6,780 1023 Seasonal Wages - 10,419 - - -
1025 Overtime Pay - 2,332 - 24,000 -
1027 Vacation & Holiday Pay 35,982 76,509 - 31,000 -
1028 Vacation / Holiday / Sick Buy-back 5,228 - 16,350 4,500 10,867 1030 Sick Pay 16,667 31,194 - 13,500 -
1031 SDI Pay 1,474 - - - -
1099 Outside Labor - - - 100,000 -
1101 CalPERS - Retirement 43,771 41,984 57,590 40,000 60,789 1102 CalPERS - Survivor Benefit 181 171 200 165 202
1103 FICA 7,217 8,617 11,060 8,000 10,216
1104 Health Insurance 97,284 79,041 103,060 77,500 100,464 4030 - Finance, cont. 1105 Worker's Compensation 7,165 7,673 11,020 8,000 9,462 1106 Employee Assistance Program 395 373 440 375 445
1109 PARS 5,503 5,423 12,770 6,750 8,476
1111 CalPERS - Unfunded Liability (FLAT) 96,506 110,271 118,530 118,529 - MO 2013 Postage 11,018 12,927 14,000 14,500 14,000
2015 Communications 6,556 7,372 7,000 8,000 8,000
2016 Travel / Conferences / Training 1,534 954 2,000 1,000 2,000 2017 Professional / Technical Service 96,165 89,960 125,000 125,000 160,000 2025 Office Supplies 2,763 4,494 4,500 4,500 4,613
2032 General Supplies 95 43 200 200 205
2039 Printing / Copying / Advertising 19,503 18,006 18,000 13,000 18,450 2041 Liability & Fire Insurance 9,226 8,717 14,050 11,500 14,050 2044 Dues & Subscriptions 415 - 1,000 500 1,025
2052 Personal Automobile Allowance 4,332 5,163 8,640 5,500 5,500 2055 Administrative Fees 102,870 110,670 75,840 75,840 75,840
General Fund Budget 3rd Iteration 9.1 General Business Page 3 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 2203 Tulare County Property Tax Admin Fees 136,894 152,253 162,000 176,575 162,000 2223 MBIA Consultant Fees 62,650 42,207 50,000 40,000 50,000 2225 SB90 Consultant Fees 4,800 4,000 5,000 4,000 5,000 2510 Software Cost 36,732 37,137 39,340 39,340 40,370
2551 Equipment Replacement 40,380 40,470 40,570 40,570 40,826 4030 - Finance - Total: $ 1,315,456 $ 1,378,979 $ 1,658,980 $ 1,477,344 $ 1,496,462 4035 - Information Technology PS 1021 Regular Salaries $ 161,717 $ 176,665 $ 215,060 $ 200,000 $ 225,857 1023 Seasonal Wages - - 8,000 - -
1026 Workers Compensation Pay 1,270 - - - -
1027 Vacation & Holiday Pay 13,880 16,504 - 17,000 -
1028 Vacation / Holiday / Sick Buy-back - - 8,260 - 8,613 1030 Sick Pay 8,403 3,507 - 4,500 -
1101 CalPERS - Retirement 15,728 15,759 16,280 16,280 19,818 1102 CalPERS - Survivor Benefit 43 43 40 40 43
1103 FICA 2,582 2,769 3,260 3,260 3,400
1104 Health Insurance 25,116 21,586 21,530 22,500 21,528 1105 Worker's Compensation 2,595 2,752 3,260 3,000 3,267 1106 Employee Assistance Program 96 96 90 96 95
1109 PARS 5,520 5,900 6,450 6,450 6,718
1111 CalPERS - Unfunded Liability (FLAT) 21,142 25,447 27,350 27,353 - MO 2013 Postage 96 33 200 50 200
4035 - Information Technology, cont. 2015 Communications 1,449 1,450 2,000 1,450 2,000 2016 Travel / Conferences / Training 2,000 5,674 12,000 3,000 10,000 2017 Professional / Technical Service 35,310 123,848 135,000 117,500 237,000 2023 Fuel & Lubricants 726 226 550 150 558
2025 Office Supplies 108 95 200 200 200
2032 General Supplies 5,585 4,164 4,500 4,500 5,000
2039 Printing / Copying / Advertising 123 40 150 150 150 2041 Liability & Fire Insurance 2,226 2,226 3,110 3,110 12,500 2044 Dues & Subscriptions 520 520 650 650 750
2050 Fleet Maintenance 1,578 891 1,500 500 1,500
2051 Vehicle Replacement 5,380 3,899 2,000 2,000 2,000
2052 Personal Automobile Allowance 482 481 480 480 480
2055 Administrative Fees 61,880 76,430 63,190 63,190 63,190 2510 Software Cost 158,780 168,103 196,420 196,420 268,370 2551 Equipment Replacement 22,620 26,391 26,100 26,100 27,759 4035 - Information Technology - Total: $ 556,955 $ 685,499 $ 757,630 $ 719,929 $ 920,996 4040 - CED - Econ. Development PS 1021 Regular Salaries $ 63,393 $ 67,204 $ 81,260 $ 112,500 $ 361,900 1027 Vacation & Holiday Pay 6,450 8,964 - 10,500 -
1028 Vacation / Holiday / Sick Buy-back 1,320 - 3,120 - 13,677 1030 Sick Pay 6,579 2,928 - 3,000 -
1101 CalPERS - Retirement 6,533 6,338 6,150 9,900 31,471 1102 CalPERS - Survivor Benefit 13 14 10 22 61
1103 FICA 1,123 1,199 1,220 1,900 5,446
1104 Health Insurance 7,674 6,596 6,580 10,400 30,498
1105 Worker's Compensation 1,120 1,137 1,210 2,000 5,420
General Fund Budget 3rd Iteration 9.1 General Business Page 4 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 1106 Employee Assistance Program 29 29 30 45 135
1109 PARS 2,293 2,373 2,440 4,000 10,668
1111 CalPERS - Unfunded Liability (FLAT) 7,462 7,776 8,360 8,358 - MO 2012 Public Relations - 40 500 - 500
2013 Postage - - - - -
2015 Communications 662 662 1,000 1,040 1,000
2016 Travel / Conferences / Training - 875 2,500 500 5,000 2017 Professional / Technical Service - 778 25,000 12,500 50,000 2025 Office Supplies - - 500 100 1,000
2039 Printing / Copying / Advertising 1,931 4,046 3,000 1,500 10,000 2041 Liability & Fire Insurance 680 680 950 1,500 950
2044 Dues & Subscriptions 418 - 3,500 - 3,500
4040 - CED - Econ. Development, cont. 2052 Personal Automobile Allowance 2,647 2,647 2,640 2,250 2,640 2055 Administrative Fees 27,910 24,940 28,030 28,030 28,030 2064 Chamber of Commerce 12,500 25,000 25,000 25,000 25,000 2092 Tulare County Economic Development 25,000 25,000 25,000 25,000 25,000 -
4040 - CED - Economic Development - Total: $ 175,737 $ 189,226 $ 228,000 $ 260,045 $ 611,895 4060 - Human Resources PS 1021 Regular Salaries $ 177,702 $ 195,842 $ 234,150 $ 215,000 $ 250,582 1023 Seasonal Wages 1,235 2,165 3,000 6,500 3,000
1027 Vacation & Holiday Pay 30,392 21,621 - 15,750 -
1028 Vacation / Holiday / Sick Buy-back 3,214 2,619 8,970 5,000 9,476 1030 Sick Pay 27,761 7,656 - 6,500 -
1031 SDI Pay 9,187 - - - -
1101 CalPERS - Retirement 17,788 18,025 17,720 18,000 21,858 1102 CalPERS - Survivor Benefit 62 63 60 63 62
1103 FICA 3,371 3,204 3,450 3,550 3,771
1104 Health Insurance 36,278 31,180 31,100 31,500 31,096 1105 Worker's Compensation 3,262 3,194 3,420 3,420 3,634 1106 Employee Assistance Program 136 138 140 140 138
1109 PARS 6,243 6,748 7,020 7,200 6,903
1111 CalPERS - Unfunded Liability (FLAT) 31,091 36,757 39,510 39,510 - MO 2012 Public Relations 979 1,167 3,000 2,000 3,000
2013 Postage 675 2,975 2,500 500 2,500
2015 Communications 1,597 1,734 1,560 1,650 1,560
2016 Travel / Conferences / Training 123 772 2,400 1,750 2,400 2017 Professional / Technical Service 29,838 40,030 35,000 46,000 35,000 2020 Training 554 7,862 7,500 5,000 7,500
2023 Fuel & Lubricants 656 - - - -
2025 Office Supplies 2,365 312 1,500 1,500 1,500
2032 General Supplies 572 1,691 1,000 750 1,000
2038 City Attorney 14,248 5,869 35,000 12,000 35,000
2039 Printing / Copying / Advertising 2,921 4,630 5,000 5,000 5,000 2041 Liability & Fire Insurance 3,998 3,216 4,490 4,490 4,490 2044 Dues & Subscriptions 813 374 500 750 500
2050 Fleet Maintenance 2,779 - - - -
General Fund Budget 3rd Iteration 9.1 General Business Page 5 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4060 - Human Resources, cont. 2051 Vehicle Replacement 42 - - - - 2052 Personal Automobile Allowance 2,888 2,888 2,880 2,880 2,880 2054 Recruitment / Testing / Hiring Process 47,923 66,840 50,000 70,000 60,000 2055 Administrative Fees 59,529 58,164 42,000 42,000 42,000 2510 Software Cost 22,033 20,149 21,770 21,770 21,770
2551 Equipment Replacement 10,610 9,920 10,190 10,190 10,190 4060 - Human Resources - Total: $ 552,865 $ 557,805 $ 574,830 $ 580,363 $ 566,810 4100 - Police - Code Enforcement PS 1021 Regular Salaries $ 163,762 $ 187,883 $ 293,180 $ 265,000 $ 433,039 1025 Overtime Pay 6,787 11,784 8,000 12,000 8,000
1027 Vacation & Holiday Pay 12,154 14,142 - 17,000 -
1028 Vacation / Holiday / Sick Buy-back - - 2,270 - (532) 1030 Sick Pay 14,339 14,697 - 15,000 -
1101 CalPERS - Retirement 16,343 17,425 22,260 22,260 38,794 1102 CalPERS - Survivor Benefit 65 71 90 90 162
1103 FICA 2,514 2,947 3,990 3,990 6,228
1104 Health Insurance 37,255 35,020 45,090 45,090 68,969 1105 Worker's Compensation 36,720 39,309 40,680 41,000 63,607 1106 Employee Assistance Program 141 155 200 200 359
1109 PARS - 378 1,770 1,780 1,925
1111 CalPERS - Unfunded Liability (FLAT) 33,205 37,747 40,570 40,573 - MO 2012 Public Relations - 2,000 2,011 2,000
2013 Postage 2,084 316 3,500 2,750 3,500
2014 Repairs & Maintenance - 1,856 200 50 200
2015 Communications 2,418 2,643 6,000 8,500 6,150
2016 Travel / Conferences / Training 2,895 4,667 5,500 7,018 5,500 2021 Clothing & Uniforms 1,669 3,056 5,500 8,000 8,000
2023 Fuel & Lubricants 1,299 852 3,190 1,900 4,200
2025 Office Supplies 469 832 1,200 1,750 1,230
2032 General Supplies 429 1,876 2,000 2,000 2,050
2034 Utilities - 438 - 7,800 -
2039 Printing / Copying / Advertising 20 764 1,000 750 1,025 2041 Liability & Fire Insurance 3,302 3,612 6,510 6,510 6,510 2044 Dues & Subscriptions 360 655 600 675 615
2050 Fleet Maintenance 375 2,121 5,000 6,500 8,000
2051 Vehicle Replacement - 9,600 9,600 9,600 9,600
General Fund Budget 3rd Iteration 9.1 General Business Page 6 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4100 - Police - Code Enforcement, cont. 2055 Administrative Fees 36,440 38,330 38,780 38,780 38,780 2142 Weed Abatement / Lot Clearing Costs 56,322 49,463 50,000 35,000 50,000 2510 Software Cost 2,287 2,354 2,500 2,425 2,563
2551 Equipment Replacement 3,490 2,300 2,300 2,300 2,300 4100 - Police - Code Enforcement - Total: $ 437,144 $ 487,293 $ 603,480 $ 608,302 $ 772,774 4224 - Police - Code Enf. - Meas I PS 1021 Regular Salaries $ 63,621 $ 49,989 $ 62,340 $ 59,000 $ 63,000 1024 Acting Pay 176 3,636 - - -
1025 Overtime Pay 2,615 1,276 - 6,500 3,000
1027 Vacation & Holiday Pay 5,222 2,405 - 3,000 3,000
1030 Sick Pay 2,412 3,127 - 2,000 2,000
1101 CalPERS - Retirement 6,135 4,764 4,720 5,000 5,000 1102 CalPERS - Survivor Benefit 24 19 20 25 25
1103 FICA 1,063 859 900 960 1,000
1104 Health Insurance 13,953 9,232 11,960 11,960 12,000 1105 Worker's Compensation 15,517 11,535 13,210 5,385 5,385 1106 Employee Assistance Program 53 41 50 53 50
1111 CalPERS - Unfunded Liability (FLAT) 12,436 14,137 15,200 15,196 15,200 MO 2012 Public Relations - - 600 - 600
2015 Communications - - 1,000 - 2,000
2016 Travel / Conferences / Training 275 350 700 - 800
2021 Clothing & Uniforms 350 350 850 350 950
2023 Fuel & Lubricants 745 1,424 3,080 1,500 3,000
2032 General Supplies - - 1,000 - 1,000
2041 Liability & Fire Insurance 1,238 951 1,650 1,700 1,650 2044 Dues & Subscriptions 95 - - -
2050 Fleet Maintenance 1,466 2,158 1,300 8,500 5,000
2051 Vehicle Replacement - 4,800 4,800 4,800 4,800
2055 Administrative Fees 8,550 8,720 8,640 8,640 8,640
4101 - Police - Code Enf - Meas I - Total: $ 135,946 $ 119,773 $ 132,020 $ 134,569 $ 138,100 4105 - Police - Animal Control PS 1021 Regular Salaries $ 294,678 $ 284,378 $ 427,130 $ 305,000 $ 429,151 1023 Seasonal Wages 19,344 22,788 - 28,000 -
1025 Overtime Pay 28,468 31,728 30,000 40,000 30,000
1026 Workers Compensation Pay - - - 6,060
1027 Vacation & Holiday Pay 28,422 31,279 - 23,000 -
1028 Vacation / Holiday / Sick Buy-back - - 3,270 - 3,556 4105 - Police - Animal Control, cont. 1030 Sick Pay 16,847 12,864 - 12,000 - 1101 CalPERS - Retirement 28,889 25,132 32,390 24,500 37,782 1102 CalPERS - Survivor Benefit 159 146 190 153 192
1103 FICA 5,376 5,287 6,960 4,800 6,274
1104 Health Insurance 90,557 69,653 95,680 64,000 71,762 1105 Worker's Compensation 68,622 63,523 91,080 74,000 79,468 1106 Employee Assistance Program 348 318 420 350 424
1109 PARS 2,428 331 - - -
1111 CalPERS - Unfunded Liability (FLAT) 87,054 98,961 106,370 106,372 - MO 2012 Public Relations 1,260 1,100 5,000 3,500 5,000
General Fund Budget 3rd Iteration 9.1 General Business Page 7 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 2013 Postage 3,692 1,284 3,500 1,500 3,500
2014 Repairs & Maintenance 6,838 5,852 6,500 10,800 7,150 2015 Communications 1,998 1,421 2,100 1,800 2,153
2016 Travel / Conferences / Training 118 2,650 4,000 750 3,000 2017 Professional / Technical Services - 525 1,500 250 - 2018 Contractual Maintenance 5,103 5,510 6,420 5,500 6,420 2021 Clothing & Uniforms 3,065 1,844 4,000 2,500 4,000
2023 Fuel & Lubricants 12,667 19,214 22,000 22,000 22,000 2025 Office Supplies 2,419 2,024 2,500 2,500 2,750
2032 General Supplies 15,263 17,311 15,000 15,000 16,500 2034 Utilities 30,700 37,600 32,000 42,500 41,600
2039 Printing / Copying / Advertising 6,754 8,180 7,200 9,500 8,500 2041 Liability & Fire Insurance 8,134 7,425 12,010 10,750 12,010 2044 Dues & Subscriptions 250 - 300 200 300
2050 Fleet Maintenance 12,981 21,590 18,000 10,000 18,000 2051 Vehicle Replacement - 19,200 19,200 19,200 19,200
2055 Administrative Fees 74,410 78,410 47,030 47,030 47,030 2101 Pharmaceuticals 53,754 51,008 54,000 64,000 65,000 2102 Injections Supplies 1,000 1,051 1,000 1,000 1,100
2103 Disposal 25,365 12,594 22,000 19,000 22,000
2104 Veterinarian 14,772 13,470 25,000 24,000 27,500
4105 - Police - Animal Control, cont. 2105 Food 13,221 12,881 14,500 16,000 18,850 2106 Veterinarian - Medical 39,543 48,017 50,000 60,000 65,000 2510 Software Cost 1,073 1,105 1,200 1,200 1,250
2551 Equipment Replacement 3,900 3,720 4,340 4,340 4,354 4105 - Police - Animal Control - Total: $ 1,009,472 $ 1,021,374 $ 1,173,790 $ 1,083,055 $ 1,082,776
General Fund Budget 3rd Iteration 9.1 General Business Page 8 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4110 - Admin - Non-Departmental MO 2014 Repairs & Maintenance $ 211 $ - $ - $ - $ - 2015 Communications 16,600 16,549 17,000 16,500 17,000
2016 Travel / Conferences / Training - 2,998 - - -
2017 Professional / Technical Services - - 250,000 50,000 450,000 2018 Contractual Maintenance - 546 - - -
2025 Office Supplies 14 3 - - -
2032 General Supplies 1,176 1,270 1,500 2,000 1,500
2036 City Attorney 216,626 268,072 220,000 235,000 260,000 2039 Printing / Copying / Advertising - - 1,000 750 1,000 2051 Vehicle Replacement - - 9,600 9,600 -
2055 Administrative Fees 38,330 46,950 37,690 37,690 37,690 2063 Tulare County Assn of Governments 26,767 27,064 28,000 27,527 27,750 2066 Public Relations - Townsend 62,880 52,400 62,880 62,880 62,880 2067 Tulare Historical Society 12,500 12,500 12,500 12,500 12,500 2081 LAFCO 25,265 25,338 25,400 25,771 26,000
2261 Bad Debt Expense 3,110 19 2,500 27,500 2,500
2551 Equipment Replacement 24,820 24,820 24,860 24,860 25,032 2560 Cleanup - 66,410 75,000 75,000 75,000
5001 COVID-19 Supplies 66 - - - -
5101 Lawsuit and Settlement Charges 138,046 59,037 - 4,973 - PS 1111 CalPERS UAL Payments - - - - 3,917,890
OFU 9005 Transfer to Aviation - - 50,000 - 50,000
9007 Transfer to Senior Services 190,682 - 338,560 197,033 338,560 9008 Transfer to Development Serivces 300,000 300,000 300,000 300,000 300,000 9017 Transfer to Financing Authority (Debt Service) 2,217,000 2,200,000 2,200,000 2,200,000 2,200,000 9018 Transfer to Downtown Parking Authority 100,000 112,020 117,530 117,530 117,530 9045 Transfer to COVID-19 Fund 125,530 - - - -
9048 Transfer to Property Management 300,000 250,000 250,000 250,000 250,000 9063 Transfer to Unemployment Insurance 73,426 - 50,000 15,000 50,000 9081 Transfer to Successory Agency - Housing 12,347 123,528 38,500 117,530 38,500 9601 Transfer to Other General CIP 200,000 200,000 550,000 550,000 550,000 9603 Transfer to Technology CIP 50,000 300,000 300,000 300,000 100,000 9690 Transfer to Catastrophic Fund - 150,000 150,000 150,000 150,000 9695 Transfer to Personnel Fund 50,000 50,000 50,000 50,000 50,000 4110 - Admin - Non-Departmental - Total: $ 4,185,396 $ 4,289,524 $ 5,162,520 $ 4,859,644 $ 9,111,332
General Fund Budget 3rd Iteration 9.1 General Business Page 9 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4220 - Police - Administration PS 1021 Regular Salaries $ 1,561,136 $ 1,514,287 $ 1,945,300 $ 1,670,000 $ 2,106,334 1023 Seasonal Wages 42,480 18,659 43,000 5,000 40,000
1025 Overtime Pay 152,925 190,481 160,000 175,000 160,000 1026 Workers Compensation Pay 37,426 33,262 - 7,000 -
1027 Vacation & Holiday Pay 181,678 193,928 - 151,000 - 1028 Vacation / Holiday / Sick Buy-back 6,256 39,252 26,520 16,000 28,685 1029 Holiday Pay - Police & Fire 10,979 9,816 8,030 10,974 8,028 1030 Sick Pay 71,288 114,280 - 55,000 -
1031 SDI Pay 2,237 18,019 - 1,558 -
1101 CalPERS - Retirement 237,199 213,407 220,250 223,000 275,779 1102 CalPERS - Survivor Benefit 669 628 660 660 674
1103 FICA 27,815 28,531 30,410 30,410 31,074
1104 Health Insurance 339,917 277,757 300,200 275,000 324,116 1105 Worker's Compensation 170,901 164,236 193,510 168,000 164,467 1106 Employee Assistance Program 1,459 1,370 1,430 1,430 1,489 1107 Disability Insurance Benefits 882 735 410 432 414
1109 PARS 6,885 7,363 8,080 8,080 8,591
1111 CalPERS - Unfunded Liability (FLAT) 369,841 426,324 449,180 449,175 - MO 2012 Public Relations 2,082 3,968 5,000 5,000 5,000
2013 Postage 3,359 3,399 3,800 4,500 5,000
2014 Repairs & Maintenance 11 1,168 2,140 2,140 2,140
2015 Communications 35,421 56,041 40,000 57,000 50,000
2016 Travel / Conferences / Training 4,858 10,043 10,000 13,000 14,000 2017 Professional / Technical Services 14,147 27,484 21,400 25,000 32,000 2018 Contractual Maintenance 18,760 8,254 25,000 15,000 25,000 2021 Clothing & Uniforms 12,727 15,153 15,500 15,500 21,500 2023 Fuel & Lubricants 9,740 12,232 16,500 16,500 20,000 2025 Office Supplies 9,970 20,102 19,260 13,500 20,000
2028 Tuition Reimbursement 4,075 1,485 2,500 1,500 2,500 2032 General Supplies 15,296 18,392 19,260 29,000 25,000 2034 Utilities 79,408 82,871 70,000 83,000 82,871
2038 City Attorney - - 6,000 - 6,000
2039 Printing / Copying / Advertising 29,066 28,057 37,000 37,000 37,000 2040 Rents & Leases - 4,000 6,000 5,000 6,000
2041 Liability & Fire Insurance 34,099 32,033 46,630 46,630 46,000 2044 Dues & Subscriptions 5,581 1,115 6,500 3,500 6,500 2050 Fleet Maintenance 12,926 22,973 30,000 18,000 30,000 2051 Vehicle Replacement 50,000 70,108 91,200 91,200 91,200 2055 Administrative Fees 578,330 597,280 612,610 612,610 612,610 4220 - Police - Administration Cont 2056 POST Tranining Expense 9,492 15,724 17,500 17,500 17,500 2510 Software Cost 152,470 165,510 218,680 206,658 191,600 2520 Data Communication 31,767 31,462 45,000 35,000 45,000 2551 Equipment Replacement 203,930 211,100 216,620 216,620 220,155 2551 Equipment Replacement - 8,113 - - -
4220 - Police - Administration - Total: $ 4,539,488 $ 4,700,402 $ 4,971,080 $ 4,818,077 $ 4,764,227 4221 - Police - Patrol PS 1021 Regular Salaries $ 2,547,272 $ 2,403,777 $ 3,474,120 $ 2,950,000 $ 3,814,776 1024 Acting Pay 1,506 3,419 - - -
1025 Overtime Pay 493,135 659,431 550,000 765,000 550,000
General Fund Budget 3rd Iteration 9.1 General Business Page 10 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 1026 Workers Compensation Pay 204,192 335,190 - 115,000 - 1027 Vacation & Holiday Pay 267,853 274,898 - 302,000 - 1028 Vacation / Holiday / Sick Buy-back 12,001 16,679 46,570 15,000 48,064 1029 Holiday Pay - Police & Fire 63,866 67,413 68,240 63,184 66,231 1030 Sick Pay 76,211 125,810 - 125,000 -
1101 CalPERS - Retirement 541,329 538,190 567,960 560,000 662,448 1102 CalPERS - Survivor Benefit 828 795 890 835 888
1103 FICA 48,496 50,530 58,540 60,000 56,972
1104 Health Insurance 394,563 343,206 406,640 355,000 382,720 1105 Worker's Compensation 720,216 770,951 827,170 850,000 774,156 1106 Employee Assistance Program 1,808 1,735 1,950 1,800 1,961 1107 Disability Insurance Benefits 6,640 7,669 4,980 12,700 4,968 1111 CalPERS - Unfunded Liability (FLAT) 463,522 553,040 658,190 658,188 - MO 2012 Public Relations - 2,460 5,000 4,000 5,000
2013 Postage - 105 100 100 1,000
2014 Repairs & Maintenance 195 6,764 4,000 500 5,000
2015 Communications 1,641 1,801 1,800 800 5,000
2016 Travel / Conferences / Training 6,088 27,456 32,100 37,500 40,000 2017 Professional / Technical Services 15,244 22,973 30,000 30,000 35,000 2018 Contractual Maintenance 696 - - - -
2021 Clothing & Uniforms 56,081 50,086 72,000 72,000 80,000 2023 Fuel & Lubricants 148,961 215,051 214,500 214,500 240,000 2025 Office Supplies 249 2,970 2,700 3,500 5,000
2028 Tuition Reimbursement 5,320 5,970 2,500 2,500 2,500 2032 General Supplies 29,730 64,053 59,000 45,000 62,000 2039 Printing / Copying / Advertising 222 266 500 2,500 2,500 2041 Liability & Fire Insurance 241,955 240,273 341,290 341,290 341,290 4221 - Police - Patrol, cont. 2044 Dues & Subscriptions 537 1,611 1,500 1,000 2,500 2050 Fleet Maintenance 264,089 238,677 220,000 220,000 250,000 2051 Vehicle Replacement 50,000 70,000 473,200 473,200 490,000 2055 Administrative Fees 246,230 308,750 178,520 178,520 178,520 2056 POST Tranining Expense 42,957 52,540 30,000 55,000 40,000 2203 DUI Lab Fees 40,289 31,390 40,000 20,000 50,000
2551 Equipment Replacement 23,880 29,100 29,100 29,100 33,775 CAP 7010 Weapons 59,804 - - - -
4221 - Police - Patrol - Total: $ 7,077,606 $ 7,525,029 $ 8,403,060 $ 8,564,717 $ 8,232,268 4222 - Police - Investigations PS 1021 Regular Salaries $ 895,860 $ 904,001 $ 1,181,760 $ 970,000 $ 1,208,333 1024 Acting Pay 3,397 1,137 - 2,500 -
1025 Overtime Pay 215,908 229,654 220,000 273,000 220,000 1026 Workers Compensation Pay 71,470 83,495 - 65,000 -
1027 Vacation & Holiday Pay 96,723 88,069 - 110,000 -
1028 Vacation / Holiday / Sick Buy-back 5,138 4,632 9,710 3,500 10,232 1029 Holiday Pay - Police & Fire 18,900 19,848 18,060 18,731 16,056 1030 Sick Pay 21,011 66,184 - 57,500 -
1101 CalPERS - Retirement 193,896 191,822 198,740 201,000 225,755 1102 CalPERS - Survivor Benefit 315 316 310 310 288
1103 FICA 17,532 18,293 19,960 19,960 17,902
1104 Health Insurance 181,392 156,327 155,480 148,000 143,520
General Fund Budget 3rd Iteration 9.1 General Business Page 11 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 1105 Worker's Compensation 222,777 234,881 248,870 255,000 204,244 1106 Employee Assistance Program 688 690 690 690 636
1107 Disability Insurance Benefits 5,047 6,468 1,450 8,500 1,242 1111 CalPERS - Unfunded Liability (FLAT) 173,484 204,796 233,080 223,078 - MO 2012 Public Relations - 271 5,000 6,848 5,000
2013 Postage 144 433 1,000 500 1,000
2014 Repairs & Maintenance 1,746 123 2,000 1,000 1,200
2015 Communications 1,563 1,559 2,200 1,250 5,000
2016 Travel / Conferences / Training 9,339 8,125 15,000 10,000 15,000 2017 Professional / Technical Services 48,161 44,233 60,000 75,000 70,000 2018 Contractual Maintenance 178 - - 2,900 2,500
2021 Clothing & Uniforms 12,858 14,161 15,800 14,786 15,800 2023 Fuel & Lubricants 18,786 28,478 28,600 28,600 29,000 2025 Office Supplies 2,274 1,795 2,200 2,500 5,000
2028 Tuition Reimbursement - - 1,000 - 1,000
4222 - Police - Investigations, cont. 2032 General Supplies 11,905 14,445 20,000 26,000 25,000 2039 Printing / Copying / Advertising - - - 600 1,000
2040 Rents & Leases 4,000 - 8,000 - 8,000
2041 Liability & Fire Insurance 16,075 16,126 22,450 21,200 22,450 2044 Dues & Subscriptions 50 65 700 65 700
2050 Fleet Maintenance 46,264 35,708 40,000 27,500 40,000 2051 Vehicle Replacement 50,000 70,000 80,000 80,000 80,000 2055 Administrative Fees 119,760 133,770 137,870 137,870 137,870 2056 POST Tranining Expense 21,292 17,466 20,000 17,500 20,000 4222 - Police - Investigations - Total: $ 2,487,933 $ 2,597,371 $ 2,749,930 $ 2,810,888 $ 2,533,729 4224 - Police - Measure I PS 1021 Regular Salaries $ 1,643,713 $ 1,719,553 $ 2,450,850 $ 2,350,000 $ 2,899,428 1024 Acting Pay 2,828 932 - 650 -
1025 Overtime Pay 394,628 524,706 500,000 675,000 500,000 1026 Workers Compensation Pay 280,748 261,949 - 145,000 - 1027 Vacation & Holiday Pay 122,476 182,281 - 140,000 - 1028 Vacation / Holiday / Sick Buy-back 6,079 4,143 8,520 3,000 8,963 1029 Holiday Pay - Police & Fire 40,752 46,418 52,180 48,248 56,196 1030 Sick Pay 67,028 86,018 - 64,000 -
1031 SDI Pay 2,811 - - -
1101 CalPERS - Retirement 305,558 309,535 330,700 335,000 402,415 1102 CalPERS - Survivor Benefit 633 650 700 700 744
1103 FICA 31,522 36,037 41,960 47,500 42,987
4224 - Police - Measure I, cont. 1104 Health Insurance 333,315 281,540 310,960 310,960 322,920 1105 Worker's Compensation 479,154 534,060 583,150 665,000 561,128 1106 Employee Assistance Program 1,384 1,419 1,530 1,530 1,643 1107 Disability Insurance Benefits 2,328 2,352 4,980 3,000 5,382 1111 CalPERS - Unfunded Liability (FLAT) 408,527 487,153 562,470 562,469 - MO 2017 Professional & Technical Services 200 - - - -
2021 Clothing & Uniforms 23,050 25,353 37,000 32,000 37,000 2023 Fuel & Lubricants 23,063 29,731 28,600 28,600 34,000 2032 General Supplies 4,160 2,335 4,500 17,500 18,000
2041 Liability & Fire Insurance 32,333 33,162 51,410 51,410 51,410 2050 Fleet Maintenance 44,363 50,046 55,000 35,000 50,000
General Fund Budget 3rd Iteration 9.1 General Business Page 12 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 2051 Vehicle Replacement 50,000 70,000 97,200 97,200 97,200 2055 Administrative Fees 176,160 196,940 135,070 135,070 135,070 4224 - Police - Measure I - Total: $ 4,476,813 $ 4,886,313 $ 5,256,780 $ 5,748,837 $ 5,224,486 4230 - Fire PS 1021 Regular Salaries $ 2,316,711 $ 2,320,627 $ 2,892,900 $ 2,400,000 $ 2,973,968 1023 Seasonal Wages - 67,771 - - 25,000
1024 Acting Pay 2,556 3,483 - 1,500 -
1025 Overtime Pay 637,406 800,798 700,000 735,000 700,000 1026 Workers Compensation Pay 70,152 40,118 - 50,000 -
1027 Vacation & Holiday Pay 271,513 283,804 - 240,000 - 1028 Vacation / Holiday / Sick Buy-back 2,118 187,361 10,230 - 10,553 1029 Holiday Pay - Police & Fire 70,670 72,815 67,040 67,040 67,041 1030 Sick Pay 125,406 120,919 - 75,000 -
1032 Overtime - Strike Team 319,635 183,484 250,000 303,000 250,000 1099 Outside Labor 4,610 12,406 - - -
1101 CalPERS - Retirement 504,259 485,124 489,070 482,000 571,367 1102 CalPERS - Survivor Benefit 740 725 750 725 949
1103 FICA 52,168 53,775 54,980 57,500 44,248
1104 Health Insurance 410,921 351,978 380,950 320,000 337,272 1105 Worker's Compensation 510,318 516,306 524,700 560,000 393,812 1106 Employee Assistance Program 1,615 1,583 1,650 1,550 1,654 1109 PARS 2,544 2,763 3,430 3,270 3,496
1111 CalPERS - Unfunded Liability (FLAT) 581,711 687,882 811,960 811,961 - MO 2012 Public Relations 4,058 1,384 3,240 3,240 3,565
2013 Postage 1,184 1,505 1,620 1,200 1,780
2014 Repairs & Maintenance 17,071 19,732 21,600 13,000 23,760 2015 Communications 197,997 194,825 225,000 200,000 247,500 2016 Travel / Conferences / Training 13,580 33,593 40,000 32,000 40,000 2017 Professional / Technical Services 47,380 52,593 84,240 55,000 92,565 2018 Contractual Maintenance 54,653 62,030 64,800 62,500 83,380 2021 Clothing & Uniforms 42,263 41,994 50,000 45,000 55,000 2022 Food & Meals 27 107 - - -
2023 Fuel & Lubricants 43,258 92,233 96,800 75,000 135,000 2025 Office Supplies 4,131 3,151 5,940 3,500 6,535
2028 Tuition Reimbursement 16,393 5,958 5,400 11,000 5,400 2032 General Supplies 68,962 76,914 91,800 78,000 95,000 2034 Utilities 57,787 66,599 69,140 75,000 82,970
2039 Printing / Copying / Advertising 9,755 12,492 8,000 12,500 10,000 2041 Liability & Fire Insurance 37,747 36,988 56,830 52,000 56,830 2044 Dues & Subscriptions 1,542 979 3,200 4,000 3,200
2050 Fleet Maintenance 27,440 11,303 20,000 15,000 20,000 2051 Vehicle Replacement 20,000 74,400 74,400 74,400 74,400 4230 - Fire, cont. 2053 Fleet Maintenance - Outside 102,964 138,525 100,000 150,000 150,000 2055 Administrative Fees 354,060 380,400 407,180 407,180 407,180 2132 Outside Training - 7,329 25,000 15,000 40,513
2142 Weed Abatement - Clearing Lots 7,989 21,156 15,000 30,000 30,000 2510 Software Maintenance 476 1,957 34,420 34,420 44,450 2551 Equipment Replacement 206,140 206,970 209,210 209,210 209,210 CAP 5101 2019 SHSGP Expense 33,671 - - - -
General Fund Budget 3rd Iteration 9.1 General Business Page 13 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 7201 Computer - 32 SHSGP - 34,258 - - -
4230 - Fire - Total: $ 7,255,581 $ 7,773,097 $ 7,900,480 $ 7,766,696 $ 7,297,597 4231 - Fire - Measure I PS 1021 Regular Salaries $ 706,485 $ 650,376 $ 1,016,070 $ 725,000 $ 978,740 1024 Acting Pay 1,020 920 - 750 -
1025 Overtime Pay 208,671 218,697 180,000 250,000 180,000 1026 Workers Compensation Pay 29,936 41,615 - 15,000 -
1027 Vacation & Holiday Pay 66,580 84,011 - 62,000 -
1029 Holiday Pay - Police & Fire 24,521 23,178 29,800 24,000 29,796 1030 Sick Pay 19,559 33,706 - 35,000 -
1032 Overtime - Strike Team 76,762 56,729 75,000 75,000 75,000 1101 CalPERS - Retirement 135,039 127,229 144,710 110,000 150,960 1102 CalPERS - Survivor Benefit 242 230 290 240 288
1103 FICA 15,609 15,116 18,390 17,000 14,624
1104 Health Insurance 125,579 100,570 134,160 102,500 131,560 1105 Worker's Compensation 159,040 155,407 182,730 170,000 143,873 1106 Employee Assistance Program 529 503 630 520 636
1111 CalPERS - Unfunded Liability (FLAT) 207,441 244,834 255,460 255,458 - MO 2016 Travel / Conferences / Training - - 3,500 - 3,500 2017 Professional & Technical Services 5,876 1,392 10,800 10,800 11,070 2021 Clothing & Uniforms 10,481 12,482 14,040 8,100 14,040 2028 Tuition Reimbursement - - 500 - 500
2041 Liability & Fire Insurance 12,366 11,753 17,190 16,750 17,190 2051 Vehicle Replacement - 7,200 7,200 7,200 7,200
2055 Administrative Fees 74,440 73,480 70,340 70,340 70,340 4231 - Fire - Measure I - Total: $ 1,880,176 $ 1,859,428 $ 2,160,810 $ 1,955,658 $ 1,829,316
General Fund Budget 3rd Iteration 9.1 General Business Page 14 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4320 - Public Works - Streets PS 1021 Regular Salaries 477,370 506,100 567,360 425,000 644,069 1023 Seasonal Wages - - 47,000 10,000 -
1025 Overtime Pay 19,888 27,050 35,000 39,000 35,000
1027 Vacation & Holiday Pay 32,234 36,396 - 26,000 -
1028 Vacation / Holiday / Sick Buy-back 3,973 4,096 4,820 2,200 5,044 1030 Sick Pay 30,987 30,620 - 18,000 -
1031 SDI Pay 1,358 - - - -
1099 Outside Labor 46,665 74,244 55,000 90,000 55,000
1101 CalPERS - Retirement 46,296 45,991 43,010 35,170 56,715 1102 CalPERS - Survivor Benefit 228 225 210 180 250
1103 FICA 7,760 8,302 9,000 6,750 9,412
1104 Health Insurance 130,907 111,430 105,650 83,500 124,782 1105 Worker's Compensation 83,754 89,443 97,420 75,700 95,352 1106 Employee Assistance Program 497 492 470 425 553
1109 PARS 3,194 3,536 3,770 3,770 3,934
1111 CalPERS - Unfunded Liability (FLAT) 116,031 131,901 143,300 143,299 - MO 2013 Postage 1,018 859 1,300 1,300 1,300
2014 Repairs & Maintenance 1,294 1,347 1,800 500 1,845
2015 Communications 3,132 3,317 3,600 3,600 3,690
2016 Travel / Conferences / Training 1,055 871 2,000 500 2,000 2017 Professional / Technical Services 1,952 480 3,000 2,500 3,075 2018 Contractual Maintenance 2,479 2,304 4,000 1,500 4,100 2021 Clothing & Uniforms 4,658 5,062 7,500 5,000 7,500
2023 Fuel & Lubricants 32,302 46,100 55,000 55,000 55,000 2025 Office Supplies 241 761 3,000 1,000 3,075
2029 Utilities - Traffic Signals 49,404 61,093 63,000 61,000 61,915 2030 Utilities - Street Lighting 54 34 - - -
2032 General Supplies 7,772 6,911 9,000 6,500 9,225
2034 Utilities 12,487 14,879 16,000 14,750 14,971
2039 Printing / Copying / Advertising 931 699 1,000 1,000 1,025 2041 Liability & Fire Insurance 11,604 11,494 16,290 13,000 16,290 2044 Dues & Subscriptions 425 525 550 525 564
2049 Landfill Fees - Recycling 4,714 4,293 6,000 5,000 6,000 2050 Fleet Maintenance 98,071 134,538 110,000 110,000 140,000 2051 Vehicle Replacement 52,800 52,800 52,800 52,800 52,800 2052 Personal Auto Allowance 481 482 480 480 480
2055 Administrative Fees 162,260 186,290 154,140 154,140 154,140 2510 Software Maintenance 428 659 800 800 1,200
2551 Equipment Replacement 9,930 9,620 10,260 10,260 10,424 4320 - Public Works - Streets, cont.
DS 8206 Oversize Liability - Principal - 600,000 54,320 54,320 54,320 OFU 9643 Transfer to Streets CIP 304,100 305,000 305,000 305,000 305,000 4320 - Public Works - Streets - Total: $ 1,764,734 $ 2,520,244 $ 1,992,850 $ 1,819,469 $ 1,940,051 4321 - PW - Streets - Measure I OFU 9643 Transfer to Streets CIP $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 4321 - PW - Streets - Measure I - Total: $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 4322 - Public Works - Graff. Abatemt PS 1021 Regular Salaries $ 44,238 $ 45,603 $ 55,340 $ 50,000 $ 62,859
General Fund Budget 3rd Iteration 9.1 General Business Page 15 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 1025 Overtime Pay 2,228 2,415 4,000 1,500 4,000
1027 Vacation & Holiday Pay 4,440 4,214 - 4,000 -
1030 Sick Pay 2,348 2,358 - 2,200 -
1101 CalPERS - Retirement 4,369 4,216 4,210 4,210 5,545 1102 CalPERS - Survivor Benefit 24 24 20 25 24
1103 FICA 760 779 850 820 911
1104 Health Insurance 13,954 11,992 11,960 11,992 11,960 1105 Worker's Compensation 8,513 8,759 9,530 9,200 9,198 1106 Employee Assistance Program 53 53 50 53 53
1111 CalPERS - Unfunded Liability (FLAT) 12,436 14,137 15,200 15,196 - MO 2014 Repairs & Maintenance 5,500 2,285 6,500 3,000 6,500 2015 Communications 93 296 2,000 1,500 2,000
2017 Professional / Technical Services 96 416 400 100 800 2021 Clothing & Uniforms 521 624 500 523 1,000
2023 Fuel & Lubricants 7,190 9,106 11,000 8,500 11,000
2025 Office Supplies 42 - 100 100 200
2032 General Supplies 3,003 3,325 5,600 11,000 15,000
2039 Printing / Copying / Advertising - - 500 - 500
2041 Liability & Fire Insurance 1,237 1,237 1,730 1,730 1,730 2044 Dues & Subscriptions - 1,260 1,260 1,260 1,292
2050 Fleet Maintenance 9,521 12,579 15,000 15,000 15,000 2051 Vehicle Replacement - 11,400 11,400 11,400 11,400
2055 Administrative Fees 11,430 11,960 12,100 12,100 12,100 4322 - Public Works - Graffiti Abatement - Total: $ 131,996 $ 149,038 $ 169,250 $ 165,409 $ 173,072
General Fund Budget 3rd Iteration 9.1 General Business Page 16 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4323 - Public Works - Street Lighting PS 1021 Regular Salaries $ 5,283 $ 5,698 $ 6,690 $ 1,000 $ 5,870 1025 Overtime Pay 228 302 1,000 - 1,000
1027 Vacation & Holiday Pay 380 396 - 296 -
1030 Sick Pay 328 422 - 76 -
1101 CalPERS - Retirement 512 522 510 100 518
1102 CalPERS - Survivor Benefit 2 2 - - 2
1103 FICA 82 91 110 20 85
1104 Health Insurance 1,395 1,200 1,200 220 1,196
1105 Worker's Compensation 918 1,018 1,140 150 953
1106 Employee Assistance Program 6 5 10 1 5
1111 CalPERS - Unfunded Liability (FLAT) 1,244 1,414 1,520 1,520 - MO 2014 Repairs & Maintenance 10,314 5,962 10,000 1,500 10,250 2016 Travel / Conference / Training - - 350 - 350
2017 Professional / Technical Services - - 500 - 513
2021 Clothing & Uniforms 20 51 100 20 100
2030 Utilities - Street Lighting 732,482 780,552 880,000 880,000 893,200 2032 General Supplies 41 - 300 - 308
2034 Utilities 124 50 - - -
2041 Liability & Fire Insurance 1,260 124 170 50 170
2044 Dues & Subscriptions - 1,500 - 1,538
2055 Administrative Fees 3,390 1,240 7,380 7,380 7,380
4323 - Public Works - Street Lighting - Total: $ 758,009 $ 799,049 $ 912,480 $ 892,333 $ 923,437 4400 - CS - Parks & Rec Admin PS 1021 Regular Salaries $ 165,711 $ 194,872 $ 244,400 $ 195,000 $ 261,721 1024 Acting Pay 1,482 1,276 - - -
1025 Overtime Pay - 183 200 200 200
1027 Vacation & Holiday Pay 28,867 21,573 - 25,000 -
1028 Vacation / Holiday / Sick Buy-back 12,790 - 5,280 - 5,478 1030 Sick Pay 5,196 5,145 - 16,000 -
1031 SDI Pay - - - 12,500 -
1101 CalPERS - Retirement 15,566 17,858 18,500 18,500 22,631 1102 CalPERS - Survivor Benefit 59 69 70 70 72
1103 FICA 2,783 3,104 3,490 3,490 3,874
1104 Health Insurance 31,120 34,137 35,880 35,880 35,880 1105 Worker's Compensation 5,996 3,099 3,490 3,490 3,653 1106 Employee Assistance Program 128 151 160 160 159
1109 PARS 2,794 3,727 4,130 4,130 4,273
4400 - CS - Parks & Rec Admin, cont. 1111 CalPERS - Unfunded Liability (FLAT) 37,309 42,412 45,590 45,588 - MO 2013 Postage 26 4 250 25 250
2015 Communications 2,660 2,957 3,700 3,000 3,700
2016 Travel / Conferences / Training - 136 500 200 750
2017 Professional / Technical Services - - 3,750 1,000 3,750 2025 Office Supplies 1,017 3,467 3,500 3,500 3,500
2032 General Supplies 38 35 - - -
2034 Utilities 35,545 46,606 36,000 46,000 46,000
2039 Printing / Copying / Advertising - 348 1,600 1,000 1,600 2041 Liability & Fire Insurance 2,983 3,522 5,180 5,180 5,180 2044 Dues & Subscriptions - - 200 - 200
General Fund Budget 3rd Iteration 9.1 General Business Page 17 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 2052 Personal Auto Allowance 3,521 4,813 6,000 4,825 6,000 2055 Administrative Fees 61,940 67,390 66,380 66,380 66,380 2510 Software Maintenance 68 215 570 422 470
2551 Equipment Replacement 900 3,400 200 200 236
4400 - Comm Svc - Parks & Rec Admin - Total: $ 418,499 $ 460,499 $ 489,020 $ 491,740 $ 475,957 4410 - CS - Parks PS 1021 Regular Salaries $ 479,976 $ 625,804 $ 754,300 $ 610,000 $ 774,884 1023 Seasonal Wages 21,440 28,627 35,000 58,000 60,000
1024 Acting Pay 1,999 4,715 5,350 5,500 -
1025 Overtime Pay 16,821 17,487 16,000 13,000 16,000
1026 Workers Comp Pay - - - 28,000 -
1027 Vacation & Holiday Pay 10,394 53,784 - 52,500 -
1028 Vacation / Holiday / Sick Buy-back 64,295 - 2,660 - 3,019 1030 Sick Pay 42,085 21,715 - 42,000 -
1031 SDI Pay - 8,821 - 15,000 -
1101 CalPERS - Retirement 45,729 57,749 57,580 53,000 68,126 1102 CalPERS - Survivor Benefit 242 319 310 310 307
1103 FICA 8,877 10,700 11,630 11,250 11,280
1104 Health Insurance 138,339 135,786 141,130 126,000 141,128 1105 Worker's Compensation 88,593 103,113 111,020 107,500 104,254 1106 Employee Assistance Program 529 669 680 680 678
1109 PARS 789 1,758 2,080 2,080 2,355
1111 CalPERS - Unfunded Liability (FLAT) 147,992 168,234 194,510 194,509 - MO 2012 Public Relations - 50 - 50
2013 Postage 4 12 80 250 300
2014 Repairs & Maintenance 120,198 138,960 150,000 190,000 195,000 4410 - CS - Parks, cont. 2015 Communications 735 3,345 3,000 2,250 3,000 2016 Travel / Conferences / Training 2,596 3,931 3,500 6,000 6,500 2017 Professional / Technical Services 145 1,393 840 1,500 1,500 2018 Contractual Maintenance 350,563 374,165 376,920 350,000 414,612 2021 Clothing & Uniforms 7,499 11,875 8,000 8,500 10,000 2023 Fuel & Lubricants 24,356 40,990 44,000 44,000 45,500 2025 Office Supplies 1,061 881 1,000 1,000 1,000
2032 General Supplies 61,709 80,743 75,000 65,000 75,000 2034 Utilities 458,847 476,942 460,000 475,000 482,125
2039 Printing / Copying / Advertising 49 743 2,000 2,500 2,400 2040 Rents & Leases 21,737 20,568 20,000 15,000 20,000
2041 Liability & Fire Insurance 12,367 15,566 22,110 22,110 22,110 2044 Dues & Subscriptions - 145 500 380 500
2046 Taxes 619 160 1,200 155 1,200
2049 Landfill Fees 19,728 21,262 19,000 16,500 19,000
2050 Fleet Maintenance 20,478 47,162 40,000 37,500 40,600 2051 Vehicle Replacement 40,000 64,200 64,200 64,200 64,200 2055 Administrative Fees 120,920 129,310 131,640 131,640 131,640 2134 Baseball Utilities 12,500 12,500 12,500 12,500 12,688 2135 Softball Utilities 12,500 12,500 12,500 12,500 12,688 2510 Software Maintenance - - - - 2,000
2551 Equipment Replacement 33,130 34,300 35,100 35,100 48,438 DS 8206 Oversize Liabilitiy - Principal - - 54,330 54,330 54,330
General Fund Budget 3rd Iteration 9.1 General Business Page 18 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 4410 - Comm Svc - Parks - Total: $ 2,389,841 $ 2,730,934 $ 2,869,720 $ 2,867,244 $ 2,848,411 4420 - CS - Recreation / CS PS 1021 Regular Salaries $ 189,622 $ 208,876 $ 238,320 $ 215,750 $ 335,868 1023 Seasonal Wages 43,378 458,554 595,000 745,000 700,000 1024 Acting Pay 689 460 - - -
1025 Overtime Pay - 58 - - -
1027 Vacation & Holiday Pay 16,364 19,507 - 17,500 -
1028 Vacation / Holiday / Sick Buy-back 1,772 1,834 9,150 1,889 12,752 1030 Sick Pay 18,020 10,389 - 17,800 -
1101 CalPERS - Retirement 18,277 22,111 18,040 25,800 29,342 1102 CalPERS - Survivor Benefit 75 173 70 335 96
1103 FICA 3,911 10,131 12,150 14,500 5,055
1104 Health Insurance 42,043 34,697 35,880 30,000 35,880 1105 Worker's Compensation 17,370 42,214 50,780 62,000 19,806 1106 Employee Assistance Program 159 159 160 160 212
4420 - CS - Recreation / CS, cont. 1109 PARS 6,709 6,933 7,150 7,250 9,946 1111 CalPERS - Unfunded Liability (FLAT) 37,309 42,412 45,590 45,588 - MO 2012 Public Relations - - 500 - -
2013 Postage 247 255 1,020 400 1,020
2014 Repairs & Maintenance - 207 1,050 500 1,050
2015 Communications 1,640 2,218 2,200 2,200 2,500
2016 Travel / Conferences / Training 815 2,417 1,500 500 1,500 2017 Professional / Technical Services 3,780 5,558 10,500 4,000 10,500 2021 Clothing & Uniforms 700 1,399 2,030 3,000 2,500
2023 Fuel & Lubricants 737 2,095 2,200 2,200 2,400
2025 Office Supplies 375 448 1,500 750 1,500
2032 General Supplies 7,568 34,450 33,850 45,000 46,000 2039 Printing / Copying / Advertising 7,789 5,088 20,000 8,000 20,000 2040 Rents & Leases 40 11,762 12,000 7,000 12,000
2041 Liability & Fire Insurance 3,726 3,721 5,180 5,180 5,180 2044 Dues & Subscriptions 1,315 1,179 1,550 750 1,550
2050 Fleet Maintenance 4,127 1,839 4,000 2,500 4,000
2051 Vehicle Replacement - 9,600 9,600 9,600 9,600
2055 Administrative Fees 268,930 278,640 285,930 285,930 285,930 2551 Equipment Replacement 3,190 1,590 5,080 5,080 5,120 4420 - Comm Svc - Recreation / CS - Total: $ 700,677 $ 1,220,974 $ 1,411,980 $ 1,566,162 $ 1,561,307 4451 - CS - Library PS 1021 Regular Salaries $ 481,382 $ 451,475 $ 562,370 $ 420,000 $ 595,161 1023 Seasonal Wages 409 62,546 60,000 75,000 60,000
1027 Vacation & Holiday Pay 49,393 62,440 - 43,000 -
1028 Vacation / Holiday / Sick Buy-back 2,235 1,542 11,700 2,500 11,906 1030 Sick Pay 16,525 23,953 - 17,500 -
1031 SDI Pay - 4,063 - 4,572 -
1101 CalPERS - Retirement 46,798 42,796 42,480 35,000 52,566 1102 CalPERS - Survivor Benefit 243 237 230 195 240
1103 FICA 7,693 8,470 8,970 8,000 8,802
1104 Health Insurance 139,532 104,346 101,660 83,000 107,640 1105 Worker's Compensation 7,700 9,299 8,940 8,940 8,598 1106 Employee Assistance Program 529 493 500 425 530
General Fund Budget 3rd Iteration 9.1 General Business Page 19 GENERAL FUND EXPENDITURES - FUND 001
PS = Base
Audited Actual Pre-Audit Actual Adopted Budget Current Estimate PRELIMINARY Department Account Account Title FY 2020-21 FY 2021-22 FY 2022-23 FY 2022-23 FY 2023-24 1109 PARS 8,607 8,529 9,180 8,500 9,287
1111 CalPERS - Unfunded Liability (FLAT) 124,363 141,373 151,960 151,960 - MO 2012 Public Relations 3,455 3,899 3,500 2,000 4,000
4451 - CS - Library, cont. 2013 Postage 2,482 3,242 2,000 1,000 2,500 2014 Repairs & Maintenance 236 674 1,000 - 1,000
2015 Communications 1,310 1,492 1,100 1,250 1,500
2016 Travel / Conferences / Training 374 504 1,500 250 1,500 2017 Professional / Technical Services 43,349 58,053 59,000 59,000 60,000 2018 Contactual Maintenance (1,870) 5,719 4,000 6,000 5,000 2025 Office Supplies 6,992 8,210 6,500 6,500 6,500
2027 Books & Magazines 84,560 78,414 92,000 92,000 95,000 2032 General Supplies 3,937 5,726 7,000 5,000 7,000
2034 Utilities 97,011 104,725 90,000 95,000 96,425
2039 Printing / Copying / Advertising 13,409 12,560 9,500 10,500 10,000 2041 Liability & Fire Insurance 12,365 11,523 16,370 14,000 16,370 2044 Dues & Subscriptions 63,732 63,444 70,000 70,000 75,000 2055 Administrative Fees 293,330 311,620 334,660 334,660 334,660 2551 Equipment Replacement 13,900 13,690 13,890 13,890 15,737 4451 - Comm Svc - Library - Total: $ 1,523,981 $ 1,605,057 $ 1,670,010 $ 1,569,642 $ 1,586,923 4751 - Public Works - Storm Drain MO 2055 Administrative Fees $ - $ (150) $ - $ - $ - DS 8206 Oversize Liability - Principal 106,154 103,498 56,490 56,490 56,490 8306 Oversize Liability - Interest 718 302 - -
OFU 9067 Transfer to Surface Water Fund 272,000 272,000 272,000 272,000 272,000 9647 Transfer to Storm Drain CIP 200,000 200,000 200,000 200,000 200,000 4751 - Public Works - Storm Drain - Total: $ 578,872 $ 575,650 $ 528,490 $ 528,490 $ 528,490 4800 - Printing MO 2175 Printing & Binding Clearing $ - $ 14,517 $ - $ 10,000 $ 10,000 4800 - Printing - Total: $ - $ 14,517 $ - $ 10,000 $ 10,000 GENERAL FUND TOTAL EXPENDITURES: $ 45,238,363 $ 49,170,217 $ 52,808,340 $ 52,265,183 $ 55,645,410
General Fund Budget 3rd Iteration 9.1 General Business Page 20 Staff Report
Meeting: City Council
Date: June 6, 2023
Department: City Manager
Submitted by: Assistant City Manager Josh McDonnell
Agenda Title: ARPA Funds Allocation Approval
RECOMMENDED ACTION
Approve the allocation of expenditures of American Rescue Plan Act (ARPA) Funds toward councilmember-identified programs and projects; and adopt a resolution approving the expenditure of ARPA funds.
SUMMARY
The City of Tulare has received $18,024,068 million in ARPA funds from the federal government. The City Council allocated $17,081,803 of this total towards projects and programs of a City-wide benefit.
In April 2022, the City Council opted to divide the remaining unallocated $942,265 in ARPA funding into five equal portions of $188,453. Each councilmember was given the responsibility of identifying programs and projects for their portion of the remaining unallocated funds. To date, $888,812 of the $942,265 has been allocated, with Vice Mayor Isherwood having a balance of $53,453. Approval of this item will reduce the balance to $0.
The Vice Mayor proposes to allocate $5,000 to the Tulare Cemetery District, $25,000 to the Tulare Youth Athletic Association, and $23,453 to fund small projects as identified by the Mayor. In addition, Councilmember Sigala wishes to take the opportunity to re-allocate $25,000 of the $118,453 he previously allocated to a Community Improvement Project to the Hispanic Alliance for Culture, Education, and Recognition (HACER) to assist with the establishment of a Sister City program with Jalostotitlán, a town in Jalisco, Mexico. The recommended action would further allocate almost all of the remaining outstanding balance.
The following items and their respective funding amounts are presented for Council consideration:
Councilmember Totals
Isherwood
Tulare Cemetery District $ 5,000
Tulare Youth Athletic Association (TYAA) $ 25,000
As determined by Mayor $ 23,453
Sigala
Community Improvement Project (was $118,453) $ 93,453
Hispanic Alliance for Culture, Education, and
Recognition (HACER) $ 25,000
Item #: 9.2
General Business
9.2 General Business Page 1
If the items above are approved by Council, all of the Council-specific ARPA designations will have been allocated. Based on the materials presented above and in Attachment 1, staff recommends that Council receive a staff presentation and public comment regarding the expenditure of American Rescue Plan Act (ARPA) Funds toward potential programs and projects and adopt a resolution approving the expenditure of $53,453 in ARPA funds as well as the re-allocation of $25,000 in ARPA funds, as identified in Attachment 1.
FISCAL IMPACT & FUNDING SOURCE(S)
If the recommended action above is approved by the City Council, the following account balances will remain per councilmember:
Councilmember Amount Allocated Amount Remaining
Isherwood $188,453 $0
Mederos $188,453 $0
Harrell $188,453 $0
Sayre $188,453 $0
Sigala $188,453 $0
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution approving allocation of ARPA funds
Reviewed/Approved:
9.2 General Business Page 2
RESOLUTION 2023-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ALLOCATING AMERICAN RESCUE PLAN FUNDS FROM THE UNITED STATES
GOVERNMENT
WHEREAS, on March 11, 2021, the President of the United States signed into law House Bill 1315, the American Rescue Plan Act of 2021 (ARPA) to provide continued relief from the impact of the Covid-19 pandemic; and WHEREAS, on May 10, 2021, the United States Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds (the "Fiscal Recovery Funds" or CSLFRF), established by ARPA, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to recover from the COVID-19 pandemic; and
WHEREAS, the City of Tulare has been negatively impacted by the COVID-l9 pandemic; and
WHEREAS, the City of Tulare has been awarded a total of $18,024,068 in funding; such funding was received in two tranches; and WHEREAS, the City of Tulare has received the initial funding in the amount $18,024,068 as of September 1, 2022; and
WHEREAS, the United States Department of Treasury has adopted guidance regarding the use of ARPA funds; and
WHEREAS, the City of Tulare, in response to the pandemic, has had expenditures and anticipates future expenditures consistent with the United States Department of Treasury's ARPA guidance; and
WHEREAS, ARPA permits the City to use the Fiscal Recovery Funds to cover eligible costs incurred during the period beginning March 3, 2021, and ending December 31, 2024; and
WHEREAS, the City of Tulare must agree to specific Terms and Conditions set forth by the United States Department of Treasury as part of accepting the funds; and WHEREAS, the City of Tulare, on December 7, 2021, adopted Resolution 2021- 52 approving the allocation of $12,351,800 ARPA funds to the following projects:
Project/Program Amount
ARPA Consultant $50,000
Marketing and Social Media $100,000
Set aside for ongoing Pandemic Response $50,000
Courthouse Remodel $1,300,000
Downtown Façade/Rehabilitation Grant $1,000,000
9.2 General Business Page 3 ATTACHMENT 1
Resolution 2023-XX
Downtown Master Plan Update $100,000
Homeless Shelter $2,000,000
Zumwalt Park Refurbishment $5,000,000
Vaccination Incentive $220,000
City Employee One-Time Bonus $681,800
Fire Department Ladder Truck $1,500,000
Dispatch Radio Replacement $350,000
Total Allocation $12,351,800
WHEREAS, the City of Tulare, on February 15, 2022, adopted Resolution 2022- 05 approving the allocation of an additional $4,730,000 in ARPA funds to the following projects:
Project/Program Amount
Police and Fire CAD/RMS Replacement $1,180,000
HWY 99 Water Crossing (International Agri-Center Way) $1,200,000 Financial System Replacement $1,650,000
Live/Recorded/Remote Council Chambers Upgrade $200,000
Tulare Joint Union High School – 50M Pool $500,000
Total Allocation $4,730,000
WHEREAS, the City of Tulare, on September 20, 2022, adopted Resolution 2022-52 approving the allocation of an additional $254,039 in ARPA funds to the following projects:
Project/Program Councilmember Amount
Water Tower Artwork Mederos $7,500
Eden House Sayre $116,539
Elementary School Support Harrell $15,000
Police Explorer Program Harrell $5,000
Grandma’s House Isherwood, $10,000
Mederos $5,000
Family Services of Tulare County Isherwood $15,000
Mission Oak High Engineering Pathway Isherwood $5,000
Tulare Boys and Girls Club Support Isherwood $10,000
Japanese Internment Camp Memorial Sigala, $30,000
Isherwood, $15,000
Mederos $5,000
Historical Museum Support Sigala, $5,000
Isherwood $5,000
Mederos $5,000
Total Allocation $254,039
WHEREAS, the City of Tulare, on February 7, 2023, adopted Resolution 2023-03 approving the allocation of an additional $639,773 in ARPA funds to the following projects:
9.2 General Business Page 4
Resolution 2023-XX
Project/Program Councilmember Amount
New Life Ministries Isherwood $10,000
His Heart Beats Isherwood $5,000
Tulare Boxing Club Isherwood $60,000
Tulare Local Hospital District Mederos, $100,000
Harrell $100,000
Tulare Chamber Incubator Mederos, $25,000
Sayre, $5,000
Sigala, $10,000
Isherwood $5,000
Tulare Boys and Girls Club Mederos $5,000
Encore Theater Assistance Mederos, $5,000
Sayre $5,000
Tulare Baseball Association Mederos, $2,500
Harrell $2,500
Tulare Softball Association Mederos, $2,500
Harrell, $2,500
Sayre, $5,000
Sigala $25,000
Lighthouse Rescue Mission Mederos, $5,000
Sayre $5,000
Salt and Light Mederos, $5,000
Sayre $5,000
National Junior Basketball Mederos $5,000
Sharks Swim Club Mederos, $5,000
Sayre $2,000
AYSO Mederos, $2,500
Harrell $2,500
TYSL Mederos, $2,500
Harrell $2,500
Historical Museum Mederos, $953
Harrell, $2,500
Sayre $2,500
Future Farmers of America Harrell $6,000
Japanese Internment Camp Memorial Harrell, $2,500
Sayre $5,000
Pop Warner Harrell $5,000
Tulare Cemetery District Harrell $5,000
Tulare Hospital & Comm. Health Found. Harrell $5,000
Tulare Downtown Association Harrell $4,100
Tulare Fire Department Harrell $3,500
Happy Trails Riding Academy Harrell $5,000
University of California Tulare 4-H Harrell $5,000
Salvation Army Tulare Harrell $3,853
Boy Scout Troop 251 Harrell $5,000
Family Services of Tulare County Sayre $17,414
9.2 General Business Page 5
Resolution 2023-XX
Veterans Organization Assistance Sayre $5,000
Community Improvement Project Sigala $118,453
Tulare Animal Services Harrell, $6,000
Sayre $10,000
Grandma’s House Sayre $5,000
Total Allocation $639,773
WHEREAS, through the adoption of Resolutions 2021-52, 2022-05, 2022-52, and 2023-03, the City of Tulare has a remaining balance of $48,453 in undesignated ARPA funds; and
WHEREAS, the City of Tulare has analyzed and considered a variety of programs and projects for additional ARPA funding allocations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The City of Tulare is authorized to accept and receive funding under the American Rescue Plan Act (ARPA) and re-verifies that it accepts the total allocation of $18,024,068 of Fiscal Recovery Funds from the United States Department of Treasury.
Section 2. The City Council’s adoption of Resolution 2021-52 approving the allocation of $12,351,800 in ARPA funds remains in full force and effect.
Section 3. The City Council’s adoption of Resolution 2022-05 approving the allocation of $4,730,000 in ARPA funds remains in full force and effect.
Section 4. The City Council’s adoption of Resolution 2022-52 approving the allocation of $254,039 in ARPA funds remains in full force and effect.
Section 5. The City Council’s adoption of Resolution 2023-03 approving the allocation of $639,773 in ARPA funds remains in full force and effect with the exception of $118,453 for Community Improvement Project as requested by Councilmember Sigala and the remainder of Vice Mayor Isherwood’s undesignated funds to be allocated as follows:
Project/Program Councilmember Amount
Tulare Cemetery District Isherwood $5,000
Tulare Youth Athletic Association Isherwood $25,000
Determined by Mayor Isherwood $23,453
Community Improvement Project Sigala $93,453
Hispanic Alliance for Culture,
Education, and Recognition (HACER)
Sigala $25,000
Total Allocation $118,453
9.2 General Business Page 6
Resolution 2023-XX
Section 6. This resolution shall take effect upon its adoption by the City Council.
PASSED, APPROVED, AND ADOPTED on this 6th day of June 2023.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
9.2 General Business Page 7