Contractor Proposal
Route F
LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 001-4410
Foster Freeze Planter
Improvements include 3,440 sq. ft. of
landscaping including fence line planter
area, located at the north side of the 1300
block of East Tulare Ave and south of old
Foster Freeze restaurant
$104.23 $88.60 $72.96 $67.75 $62.54
001-4410
Mountain View Ponding Basin
Improvements include 2,340 sq. ft. of
landscaping including turf and fence line
planter area adjacent to sidewalk, located
on Mountain View St between Academy
Ave and E. Burton Ave.
$70.90 $60.27 $49.63 $46.09 $42.54
001-4410
Stockham Ponding Basin
Improvements include 12,000 sq. ft. of
landscaping fence lined planter area
adjacent to sidewalk, located on the north
side of Stockham Ave, east of Latimer St
and south side of Marvin Court, east of
Latimer St.
$363.60 $309.06 $254.52 $236.34 $218.16
001-4410
Corp Yard Planters/Parking Lots
Improvements include 70,287 sq. ft. of
landscaping including planter area and
fence lined parking lot, located at 3981 S.
“K” St.
$394.67 $335.47 $276.27 $256.54 $236.80
001-4410
SR99 NB City Entrance Sign
Improvements include 2,400 sq. ft. of fence
lined planter area, located at SR 99 off
Hosfield Rd and Tex Drive
$72.72 $61.81 $50.90 $47.27 $43.63
001-4410
Brentwood Wall/Tree Wells and
Sidewalks
Improvements include 3,960 sq. ft. of
sidewalk adjacent to block wall with street
trees in sidewalk cutouts, located west of
1100 block of Brentwood St.
$11.90 $10.12 $8.33 $7.74 $7.14
001-4410
Prosperity/West St. Wall/Tree
Wells and Sidewalks
Improvements include 43,467 sq. ft. of
sidewalk adjacent to block wall with street
trees in sidewalk cutouts, (located on West
Street east side 75 feet north of Martinho
Ave and 635 feet south of Martinho Ave)
(Prosperity Avenue, 115 feet east of
Lakewood St to 110 feet west of Mathis St.)
$137.58 $116.94 $96.31 $89.43 $82.55
001-4410
Hillman - North & South of
Hillcrest
Improvements include 9,650 sq. ft. of
sidewalk adjacent to block wall, located on
Hillman St on north side of Hillcrest
$24.13 $20.51 $16.89 $15.68 $14.48
018-4350
K St. Parking Lot
Improvements include 7,350 sq. ft. of
landscaping including planter area and
parking lot, located east side of “K” St,
south of Kern Ave.
$32.06 $27.25 $22.44 $20.84 $19.24
EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 29 OF 33
Contractor Proposal
Route F
LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 018-4350
Tulare Ave/K Street Parking Lot
Improvements include 16,970 sq. ft. of
landscaping including planter area and
parking lot, located on northeast corner of
Tulare Ave and “K” St.
$145.94 $124.05 $102.16 $94.86 $87.56
018-4350
N. L Street Parking Lot
Improvements include 7,650 sq. ft. of
landscaping including planter area and
parking lot, between Tulare Ave and King
Ave, west of “L” St.
$22.47 $19.10 $15.73 $14.61 $13.48
018-4350
WIC Parking Lot
Improvements include 45,336 sq. ft. of
landscaping including planter area and
parking lot, between Tulare Ave and Kern
Ave on the east side of “J” St.
$134.50 $114.33 $94.15 $87.43 $80.70
018-4350
Downtown Breezeway Landscape
Improvements include 3,648 sq. ft. of
landscaping including planter area and
sidewalk, located west side of “K” St
between Tulare Ave and Kern Ave.
$110.53 $93.95 $77.37 $71.84 $66.32
018-4350
S. L Parking Lot
Improvements include 15,000 sq. ft. of
landscaping including planter area and
sidewalk, located between Kern Ave and
Inyo Ave on west side of “L” St.
$37.50 $31.88 $26.25 $24.38 $22.50
018-4350
Inyo Parking Lot
Improvements include 15,400 sq. ft. of
parking lot, located on east side of “J” St,
north of Inyo Ave.
$38.63 $32.84 $27.04 $25.11 $23.18
018-4350
J/K St. Landscape Triangular
Street Median
Improvements include 2,729 sq. ft. of
landscaping including turf and planter area,
located at the intersection of S. “J” St and
“K” St.
$82.69 $70.29 $57.88 $53.75 $49.61
018-4350
Adair/Evans Parking Lot
Improvements include 23,408 sq. ft. of
landscaping including planter area and
parking lot, located at the southwest corner
of “J” St and Inyo Ave.
$129.21 $109.83 $90.45 $83.99 $77.53
018-4350
N. K Parking Lot
Improvements include 36,984 sq. ft. of
landscaping including planter area and
parking lot, located between Cross and San
Joaquin on the west side of “K” St.
$200.10 $170.09 $140.07 $130.07 $120.26
Instructions: Contractor is to bid each area within each Route at all five (5) levels of service (see page 22-23 for Levels of Service) at a monthly cost for the initial twelve months (dates). After the initial twelve months, the Contractor agrees to a calendar year increase based on Consumer Price Indexes for the remaining contract time period. The annual increase will occur on February 1 as described under Contract Price Adjustment, page 13. The City reserves the right to select the service for each district which will determine the bid price. Contractors are cautioned to make sure amounts are adequate for each level. Each quadrant bid will be awarded to a Contractor at a service level which will be determined by the City.
EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 30 OF 33
Contractor Proposal
Route F
PROPOSALS MAY BE REJECTED BY THE CITY COUNCIL IF THEY SHOW ANY ALTERATION OF FORM, ADDITION NOT CALLED FOR, CONDITIONAL OR ALTERNATIVE BIDS, INCOMPLETE BIDS, ERASURES OR IRREGULARITIES OF ANY KIND. THE RIGHT IS RESERVED BY THE CITY COUNCIL TO REJECT ALL PROPOSALS AND TO WAIVE ANY IRREGULARITIES IN ANY BID AT ITS DISCRETION.
Planter Parking Lot &
Location Turf Square Ft. Square Ft. Hardscape Square Ft.
West/Cross St. Ponding Basin 0 9,278 6,412
Woman’s Clubhouse 9,568 11,310 1,584
Gem St. Triangle Median 0 3,234 0
Lyndale/Blackstone St. 5,625 0 0
Black Bear Wall 0 1,935 0
Cross Ave. Planters/Street Trees 0 5,998 33,065
Foster Freeze Planter 0 3,440 0
Mountain View Ponding Basin 650 1,690 0
Stockham Ponding Basin 0 12,000 0
Corp Yard Planters/Parking Lots 0 7,876 62,411
SR99 NB City Entrance Sign 0 2,400 0
Brentwood Wall, Tree Wells and Sidewalks 0 72 3,888
Prosperity/West St. Wall/Tree Wells 0 1,040 42,427
and Sidewalks
Hillman (n/o Hillcrest) 0 0 9,650
K St. Parking Lot 0 492 6,858
Tulare/K St. Parking Lot 0 3,728 13,192
N. L Parking Lot 0 120 7,530
WIC Parking Lot 0 761 44,575
Downtown Breezeway Landscape 0 3,648 0
S. L Parking Lot 0 0 15,000
Inyo Parking Lot 0 0 15,450
J/K St. Landscape Triangular Street Median 1,956 773 0
Adair/Evans Parking Lot 0 2,543 20,865
N. K Parking Lot 0 3,872 33,112
Total 17,799 sq. ft. 76,210 sq. ft. 316,019 sq. ft.
Turf Square Feet:
17,799 x $ 0.3636 per Sq. Ft. per Yr. = $ 6,471.72 Per Year Planter Square Feet:
76,210 x $ 0.3636 per Sq. Ft. per Yr. = $ 27,709.96 Per Year Hardscape Square Feet:
316,019 x $ 0.03 per Sq. Ft. per Yr. = $ 9,480.57 Per Year Route F
TOTAL YEARLY COST = $ 43,662.25 Per Year
EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 31 OF 33
Contractor Proposal
Route F
Additional Unit Prices
As new areas are completed or other areas requiring maintenance, they may be added to the existing contract. All work is to be performed per the City of Tulare Maintenance Specifications. Show unit costs below:
Item Quantity Unit Cost
Annual Flowers – per specifications Per Flat $ 60.00
Extra Work not included as Part of Contract Cost per hour $ 60.00
Contractor
Paul Cardoza (Partner)_____________________
(Owners)
Joey Cardoza (Partner)_____________________
(Owners)
Perfect Care Landscape & Maintenance________
(Firm Name)
482 Ranch Acre Drive_______________________
(Address)
Tulare, CA ______________________93274____
(City) (Zip)
________________________________________
(Signature)
EXHIBIT C – MAP ROUTE
PAGE 32 OF 33
EXHIBIT C
MAP ROUTE
Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director Agenda Title: Investments Report
RECOMMENDED ACTION
Accept the monthly investments report for October 2023.
SUMMARY
The investments report for October 2023 is submitted for Council review and acceptance.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Investments Report
Reviewed/Approved:
Item #: 10.10
Consent
CITY OF TULARE
SUMMARY TREASURER'S REPORT
SUMMARY OF ALL INVESTMENTS
October 31,2023
]'\', Pti oF INVtist'ivr tiNt'
BOOK
vAI-t.rti
ivtAIlKli'l
vAt.tita,
CURRDN'T
YIELI)
BOOK VALUE
,t oF
'I'OTAI,
93.77%
6.23%
100.00%
T.INIII'STRICTED INVES'TMIINTS - SIiI' PACIi 2
Ii,ES'[RlCTltD INVEsl'jvlltNl'S - SEIi Pr\Gli 3
'l'O'tr\ L I NVlisl-Nl tl,N'tS
232,524,'/52 2t7,202,600 t.209%
I 5,455, I 06 I 5,455, I 06 N/A
247,979,858 232,657;706 N/A
Note: l'he City's financial statrner'rts will report rnarket values, not book values, at.lune 30 each year I certify that this repoft reflects all City investments and cornplies with the investment policy of the City of Tulare as approved by City Council.
Fufthernrore, I certify that sufficient investnrent liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.
Presented to the City Council on December 19,2023. Presented to the Board of Public Utility Commissioners on Decenrber 2l ,2023 Respectfully submitted, Melanie U. Gaboardi, Assistant Finance Director, Interim CFO Date
T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\04 - October 2023 lnvestment report.xls
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARV OF RESTRICTED INVESTMENTS
October 31,2023
ACQUISITION
DATE
PAR
VALUE
BOOK
vAl,t.tB
MARIiE'I'
VA LI,]E
B,\ I r\ NCIIS
AS-OII
l),\1 8
MATURITY
DATD
STATED
INTEREST RATI' l YPlt Ol' IN\/IIS]'MItNl' tsst)ttR ot' tNVnsTNroNT Bond l,'untls (All arc lVlanagctl hy tl.S. Bank'l'nrst Ilxcrpt l.,i\tF):
2() I 8 l-case Rcvcnuc and Rclirnding Bonds (Account No. 244938000) First Anrcrican Govl Fd U.S. Ilank Tnrst
20 l 5 Scrvcl Rcvuruc Rcluncling Rontls (Accounl No 26 1 594000) Various N/A 3,440,130 3.440,t30 l0-3t-23
Various
ll-t5-t5
VarioLrs
VarioLrs
Various
Valiorrs
On Denrand
On Demand
Various
Rcscn,c Fund
Various
Various
Rcscrrc Frnd
ll9600h
ll,cscn,c Fund
Various
Various
Various
Various
Various
3,440, I 30 3.440. | 30
Irtrst Anrcrican Ciovt Fcl
liitsl Antcrican Govl lrtl
lnvcstnrent Rcpuchasc GIC llavqrischc l.,andcstrank
20 1 (r Sewcr Rcvc|ruc Rclirnding Boncls (Account No. 23 I 687000) tJ S Bk lr4nrkt lJ S Bank -l-rust
2020 Scrvcr Rcr,cnuc Retirnding llorrds (AccoLrnt No. 230396000) tl S Bk Mrnkt lJ.S. Bank l'rLrst
2()17 Watcr Rcvcnuc Bonds (Account No. 119189000)
U S Bk Mnrkl [J.S Bank'frust
2020 Wate r Rcvcnuc Btinc{s (Account No. 250953t)00)
lJ S Bk Mnrkt U.S. Bank'l-rust
l.l.S Bank l-rust
lJ S Bank I'rust
N/A
N/A
N/A
N/A
N/A
N/A
N/A
103.765
102,779
I 03.765
l'02.77t)
l ()-3 l -2i
t0-3 I -2.1
I t-t5-25 5,032,685 5,032,6ti5
5.239.229 5.239.229
t6
l(r
I 0-3 I -23
On Demand I (r I 0-3 l-23
On Denrantl
On Demand
On Demand
On Denrand
l6
I 8.30 I
--]T30r t8,i0 t
-TT]nr
t0--r I -2-l
4 4 l0-3 I -2,1
4 4
N/A 6,757.420
6,757,420
6.757 .420 r 0-l l-2 i
6,757.420
2017 Successol Agency 1'ax Allocation Ilorrds - Serics A & IJ (Account No. 245346000) LJ S Bk Mrnkt lJ.S. Bank Trr"rst Various
1'OTr\ L llESl'RICTED I NVESTIvIENTS Book Vulue'% of Tottrl Investmetrts = 7 7 t0-3t-23
7 7
3 6.23% I 5,455, I 06 I 5,455. I 06
T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\04 - October 2023 lnvestment report.xls
CITY OF TULARE
SI IMMARY TRRASI iRER'S REPORT, CONTINTIEI)
FIXED INCOME INTVESTMENTS
October 31,2023
DATES: INTOREST RATES:
TINREAI-IZED
GAIN/(LOSS):
BOOK VALUB TIIIS MONTI.I
PAR VALTIE I\,IAIII(ET VALT'E L.\ST IVIONTH
ESTI]V i\TEI)
EARNINCS:
.I'YPI'
OF FIXDD INCOII,IE INVESTI\,IONT
TI.S. GOVEITNMENT AGENCY OBLIGATIONS
Fodclnl Flrm Crcdit llks Funding Corp
STATED
CIIRRENT YIELD
0(r.17.20 0 sBOrXr
06-t7-24 c 0.600%
08-25-20 0.520%
02-25-25 c 0,550%
08-27 -20 0.600n/o
05-27-25 c 0.650%
06-03-20 0.750%
05-28-25 c 0.750%
06-10-20 0 700%
06-10-25 c 0.750%
0G24-20 0.750%
06-24-25 c 0.8 l0%
06-30-20 0.800%
0(r-30-25 C 0.860%
07 - 15-z() 0.7'10,,/n
07-15-25 c 0790%
08-26-20 0.500%
08-26-25 c 0.540%
09-30-20 0.500%
09-30-25 c 0.550%
09-30-20 0,520%
09-30-25 c 0.570%
t0-02-20 0.550%
t0-02-25 c 0.600%
l0-r5-20 0.550%
10-15-25 c 0.600%
- CONTINUED ON PAGE 5.
r\CQUISITION
MATIIRITY
ANNIJAI,
ctjstP NUlltBER Tlils MoN'r'tr
Fcderal National Mortgage Assn
Fsdcral National Mortgage Assn
Ircdcral I'lonre I-oan Mtg Corp
I;cdcral llorne l-oan Mtg Corp
li'cclclal I-lomc l-oan Ilanks
Ircderal Ilonre l-oan Mtg Corp
Ircdcral National Mortgage Assn
Fcdcral National Mortgage Assn
Federal llorne l-oan Mtg Corp
Federal l-lome Loan Mtg Corp
Fedelal Florre Loan Mtg Corp
3 l33Ul-.r47
3 l3(rG4l-52
3 l3(rCi4U50
3 I 34GVVX3
3 I i4GVB56
3 I JOAjRE I
3 l34GVl'(r5
3l-16G4Yt1t
3136G42E2
3 t34GWUE4
3l34GWtJV6
3l34GWX43
2,000.000
2,000,000
2,000,000
2,000,000
2,000,000
8 68.0 5
(r
2.000,000
2,000.000
2.000,000
2,500,000
2,500,000
Per BNY WTC
2,000,000
I,939,860
2,000.000
1,874,540
2.000,000
r.857,580
2.000.000
t,861,840
2,000,000
I.857.560
868,056
805,7 l2
2.000,000
1,856,960
2,000.000
1.851.640
2,000,000
r.838.340
2,500,000
2,286,700
2,5 00,000
2,287,600
3,000,000
2,746,080
3,000,000
2,742,420
(60, r 40)
(70,240)
(t2s.460)
( I 34,080)
(142.420)
( I s0,280)
( r 38,1 60)
( r 4s.780)
(142,440')
( r 50,260)
(62,344)
(6s,625
)
( r43,040)
( r 50,440)
( r 48,360)
( l s8,680)
( r6 r,660)
( r 69,020)
(2 r 3,300)
(222,ss0)
(2t2,400)
(221,625)
(2s3,920)
(26s,740)
(2s7,s80)
(270,000)
I 1,600
9(t7
10.400
867
t2.000
l.0fx)
t5,000
t,250
14.000
t.167
6,5 t0
541
I 6.000
I,33i
14.(r00
t.2t7
t0.000
833
I 2.500
|.042
I 3,000
I .083
I 6,500
1,375
I 6,500
1,375
4 3,000,000
Federal Honre Loan Mtg Corp 3,000,000
3I34GWXX9
T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\04 - October 2023 lnvestment report,xls
CITI/ OF TTJLARE
S T 1 IVI IVIA RY'I-II EAST] RER'S RBPORT, CONTINTIET)
FIXI]D INCOIVI E INVESTM ENTS, CONTINTiED
Octobcr 31,2023
DATES: INTEREST RATES:
UNRDALIZET)
G,.\rN/(LOSS):
TIIIS MONTII
ESTIMATED
EAIININGS:
'T\'}E OF I'IXDD INC:OIlII] INVEST]\'IEN'T STATED
ctjsrP NtJMIIER CTJRRENT YIEI,I)
.\cQtJISrTtON
NIATT)RITY
BOOK VALIIE ANNIIAI,
PAR VALUE J\'IARKET VALUII LAS'T MONTTI TI'IIS MONIlI
tl.S. GOVERNMEN'l' A GIINCY ORl,lGr\TlONS, CON'I'lNlJED Federal Home l,oan Mtg Corp
3 t34GWY34
Federal National Mortgage Assn
3 I 35G06A6
Federal Farnr Credit Bks lrunding Corp
3I33EMDZ2
Federal Farrn Credit Bks Funding Corp
3 I 33EMEC2
Federal I-lorne Loan Mtg Corp
3 t34GW3X2
Federal Horne Loan Mtg Corp
3l34GW3Z7
Federal l-lonre Loan Mtg Corp
3t34GWZL3
Federal Horne l-oan Mtg Corp
3 lI4GW6S0
Federal l-lorne Loan Mtg Corp
3 I 34GXAP9
Federal Home Loan Mtg Corp
3 I 34GXCS I
Fedcral Honre l-oan Mtg Corp
3 I ]6GXFA7
Federal l{orne Loan Mtg Corp
3 I34GXDM3
Federal Farm Credit Bks Funding Corp
3I33EMKT8
I 0-t 5-20
l0-t5-25 c
l0-20-20
l0-20-25 c
I 0-t I -20
10-21-25 c
10-22-20
10-22-25 c
l0-27-20
l0-27-25 c
I 0-28-20
I 0-28-25 c
I 0-29-20
10-29-25 c
I l-10-20
I l-t0-25 c
I I -12-20
I t-12-25 c
I t -:5-20
I I a( ai -
I I -30-20
lt-26-25 c
I 2-0 I -20
l2-0t-25 c
12-17-20
12-17-25 c
0.530%
0.580%
0.580%
0.630%
0.s20%
0.570%
0.530%
0.s80%
0.625%
0.680%
0.600%
0.660%
0.570%
0.620%
0.610%
0.670%
0.600%
0.660%
0.625%
0.6q0%
0.650vo
0.7t0%
0.620%
0.680%
0.540%
0.600%
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
2,000,000
3,000,000
3,000,000
2.000,000
3,000,000
1.000.000
I ,500,000
2,500,000
Pcr BNY IVTC
3,000,000
2,741,310
3,000,000
2,742,630
2,500,000
2,282,525
2,500.000
2,282,825
3,000,000
2,743,260
2,000.000
I,827,720
3,000,000
2,739,630
3,000,000
2,738,070
2,000,000
| .824,5(r0
3,000.000
2,734.140
2.000.000
r ,823,520
I ,500,000
I,364,62s
2,500,000
2,266,325
(2s 8,690)
(27 I.140)
(2s7,370)
(26e,880)
(217.47s)
(227.950)
(217.t7s)
r111 11<\
(256,740)
(26e,340)
( l 72.280)
(r 80,740)
(260.370)
(273, I 80)
(26 I ,930)
(277.770)
( i 7s.440)
( | 85,e60)
( 265.860)
(28 I.580)
( l7{r,480)
( I 86.920)
(r3s,375)
(r 4 r.780)
(233.67s)
(244,475)
I 5,900
|.325
t7,400
I ,450
I 3,000
1,083
l.3,250
I,104
I 8,750
I,563
I 2,000
1,000
t 7,1 00
1.42s
I 8,300
t,-525
I 2.000
1.000
I 8.750
I ,563
t3,lJ00
t,08i
9,300
775
I 3.500
I,125
. CONTINUED ON PAGE 6 -
5 T:\tinance\lnvestment Reports\2023-2024 lnvestment Reports\04 - October 2O2j tnvestment report,xls l'\', PIi O t- F't X IiD I N(iOi\.t li r NVrisl'r\'r riN'r'
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
October 31,2023
DATES IN'I'EIIIST IIATES:
,\cQtrtsrTroN
MATURTIY
sli\'t'Et)
CTJRRENT YIELD
r\NNIL\l,
PAR vf\LUE I\,IARKET VALI]E I-.\ST ]VIONTII THIS MONI]I
BOOK VAI,UIT
tlNl{Er\LIZED
GArN/(LOSS):
Tlils MoNTH
ES't'ilVt,\-t-ED
IiAIININCS:
CI'SIP NII]VIBER
II.S. GOVEITNJVIEN'I- AGENCY OBT,IGT\'I"IONS. C]ONI'INT]ET) Ircdct al l lcrntc Loan Mtg Cur
lr
3 I 34GXFV I
Irccleral Ilorne Loan Mtg Corp
3I34GXFID9
Fcdcral llonrc Loan Mtg Corp
3I34GX.IX3
Federal l-lorne Loan Mtg Corp
3 I34GX.IZ8
Fedelal llome Loan Banks
3l30AKQ74
Federal Honre Loan Mtg Corp
3 I34GXK.I2
Fcdcral I lone Loan Banks
3 I 3OAKPC4
l"ederal Natronal Mortgage Asso.
3 I 35G06R9
Federal Home Loan Banks
3 l30AL3Sl
Federal l-lome Loan Banks
J IJUAKYU4
Federal l-lonre I-oan Banks
3 t30AI-CW2
Federal Honre Loan Banks
3 I 30AKZ25
Federal Home Loan Banks
2.000.000
3,000,000
2,5 00,000
2.000,000
2,500,000
2,s00,000
2,000,000
2,000,000
3,000,000
3,000,000
3,000,000
3.000,000
3,000,000
Per BNY WTC
2,000,000
I ,8 16.440
3,000,000
2,727,0c)0
2,500,000
2,262,425
2,000,000
I,808,280
2,500,000
2,261,750
2,5 00,000
2,257,8'15
2,000,000
1,807.220
2.000.000
r ,805, r40
3,000,000
2,707,140
3,000,000
2,703,420
3,000.000
2,704.740
3,000.000
2,706,030
3,000,000
2,7 r I.880
( r 83,560)
( l 92,080)
(272,910)
(28s,2 I 0)
(237
,s7 s)
(248,72s)
(l9 t ,720)
(200,780)
(23 8,2s0)
(249
,27 5)
(242,125)
(2s3
,27 5)
( r 92,780)
(20 r,640)
( r e4,860)
(2 03,8 00
)
(292.860)
(3 06,75 0 )
(296,5 80)
(3 r 0,620)
(295,260\
(309,270)
(293,97 0)
(307,890)
(288, r 20)
(30 I,47C))
I 2,500
I,042
21,000
I.750
13.750
I,146
10,400
867
15,(t25
r.302
I 3,750
I
,
l4(,
I 2,000
t,000
I 1,000
917
I 8,750
1.563
t8,000
I,500
I 8,750
|,563
I 9.500
1.625
24.000
2.000
tz-t7-20
t2-17-25 c.
l2-23-20
12-23-25 c
0 t -05-2 I
0l-05-26 c
0t-07-21
0t-07-76 c
0l-22-2t
0l-22-26 c
0t-22-21
0t-22-26 c
0l-28-21
0t-28-26 c
0t-28-2t
0t-28-26 c
02-t7 -2t
02-17-26 c
02-24-2t
02-24:2(t C
02-25-21
02-25-26 c
02-26-21
02-26-26 C
03- I 0-2 I
03-t0-26 c
0.625V'o
0.690%
0.700%
0.770"/o
0.550%
0.610%
0.520%
0.580%
0.625%
0.690%
0.550%
0.610%
0.600%
0.670%
0.550%
0.610%
0.6250/o
0.690%
0.600%
0.67 Uu/o
0.62s%
0.690%
0.650%
0.720%
0.800%
0.880%
- CONTINUED ON PAGE 7 -
6 3 I 3OALFSs
T:\Finance\lnvestment Reports\2023-2024 Investment Reports\04 - October 2023 lnvestment report.xls
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
October 31,2023
DATES: INTIREST RATES:
UNIIEALIZED
GArN/(r,OSS):
THIS MONTH
ESTIIVL\TED
Ilr\ IIN INGS:
]'YPI' OF FIXED INCOMD INVESTMENT
CUSIP NUMBDIT
r\CQUISITION
MATTIRITY
STATDI)
CURRENT YIELD
BOOK VALTIE ANNUAI,
PAR VALUE MAITKET VALI]E I,AST IVIONTI] TIIIS MONTII
tl.S. GOVEIINMENT r\GENCY OBl,lGi\TIONS, CONTINIJED
Federal Home Loan Banks
3 r30ALKQ6
Federal Honre Loan Banks
3I3OALXVI
Federal Horne l-oan Banks
3 t30AMWU2
Fecleral l-lonre Loan Banks
3 r 30AN2L3
Feclelal Florne l-oan Banks
3 t30AN4R8
I:cdetal l-lome l-oan Banks
3l30ANF1'2
Fcrleral l-lonre l-oan Banks
3 l30ANI-Z I
Fcclcral I lonrc l-oan Banks
3 t30ANM56
Fcdcral I Ionre l-oan Ranks
3 I3()ANI.JX6
Fcdcral I Iorne L.oan Banks
3 I 30ANXS4
Feclcral I Iomc l-oan llanks
3 l30ANxtjg
Ferlcral Flonie Loan Banks
3I3OANYR5
Irccleral IIonre I..oan Banks
03-30-21
03-30-26 c
04-22-21
04-22-26 c
06-30-21
06-30-26 C
07-13-21
07-13-26 c
07-29-21
07-29-26 C
08-24-21
08-24-26 c
08-26-2t
08-26-26 C
08-2',7-21
08-27-26 C
09-28-21
09-28-26 c
09-28-2t
09-28-26 c
09-30-2 I
09-30-26 c
09-30-2 I
09-30-2(r C
t0-21-21
t0-21-26 c
L030%
Lt40%
1.100%
1.2t0%
1.000%
Lt10%
1.020%
1.140%
1.t25%
1.250%
t.050%
1.t70%
0.900%
1.0t0%
1.050%
1.170%
1.100%
L230%
0.900%
1.010%
1.000%
1.120%
0.950%
L070%
1 000%
1.120%
2,5 00,000
2,500,000
3,000,000
3.0 00,0 00
3,000,000
3,000,000
2,500,000
2.5 00.000
3.000,000
3.000,000
3.0 00.0 00
2,500,000
2.5 00,000
Per BNY WTC
2,500,000
2,267,975
2,500,000
2,267,325
3,000,000
2,695,680
3,000,000
2,691,690
3,000,000
2.694.990
3,000,000
2,682,210
2,500,000
2.225,100
2.500,000
2,234.550
3,000,000
2,67 6.150
3,000,000
2,660, I 90
3,000,000
2.667.720
2,500.000
2,219 ,77 5
2.500,000
) ))1 K1<
(232,025)
(242,500)
(232,67s)
(242,82s)
(304,320)
(3 r6,080)
(308,3 r 0)
(317.730)
(305,0 l 0)
(3t3.260)
(3t7,790)
(32s,800)
(274.e00)
(28 I,8s0)
(26s,4s0)
(272.125)
(323,850)
(330.270)
(339.8 r 0)
(346,6s 0 )
(332,280)
(338,940)
(280.225\
(28 5,8 75 )
(272.32s)
(269,3'15)
25,7 50
2,l,46
27,500
) )a)
3 0,000
2,500
30,600
2,5 50
33,7 50
2,8 t3
3 I ,500
2,625
22.500
1,875
26.250
2.t88
3l.000
2.7 50
27.000
2.750
30,000
2.5 00
23.7 5 0
l,L)79
25,000
2.083
- CONTINUED ON PAGE 8 -
7 3 I 30APCD5
T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\04 - October 2023 lnvestment report,xls
CITY OF TTILARE
STIMMARY TREASTJRER'S RBPORT, CONTINUED
FIXED INCOME INVBSTMENTS, CONTINTIED
October 31,2023
I]NREAI,IZID ES'I'IMATED
EARNINGS:
T}'PE OF FIXED INCOME INVESTI\,1ENT
DATESI
ACQtilSITTON
lxrlxlsr xlr!!'
STATED
GArN/(LOSS):
BOOI( VALTJE T}IIS il,IONTII ANNUAI,
CUSIP NUMBDR 1\l;\TIJRITY CIJRRENT YIEI,I) PAR VALUE MARKET VALUE LAST MONTII TIITS MONTII U,S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
Federal l lome Loan Bks
r I 30APJ55
Fecleral l-lome Loan Bks
3 ] 3OAPJR2
Fedcrol I-lorrrc Loon Bl(s
l l 30APDQ5
Federal Home Loan Bks
3 I 3OAPFQ3
Federal l-lorne Loan Bks
3 I 3OAPFR I
Federal l-lorne Loan Bks
3 I 3OAPFIJ4
Fetlelal I lonre Loan Bks
3 I3OAPI-P8
Federal Honrc Loan Bks
3 I 3()APNKT
Federal I'lonre Loan Bks
3 I 3OAPPL3
Federal l lornc Loan Bks
I I30n t)x1'7
Iledcral I Ionrc Loan Bks
I I l0ARA68
l'O't-A t, Ft XED INCOi\'l D IN\rES'f l\,IDNTS
{*All arc in sal'ckccping u,ith BNY Wcstcrn 1-rust Cornpany I 0-26-2 I
l(.1-26-26 C
I 0-26-2 I
| 0-26-26 c
r 0-:8-: I
I 0-28-26 c
I 0-28-2 I
l0-28-26 c
I 0-28-2 I
t0-28-26 c
10-28-21
t0-28-26 c
I l-16-2t
ll-16-26 c
I t-18-2t
I t-18-26 c
t 1-23-21
1 I -23-26 c
1.250%
1A44%
1.125%
L260%
L 25016
1 400%
1.t00%
1.240%
1.120%
1.260%
1.050%
t. I 80%
1.375%
L530%
I 375%
| 530v.
1.450%
1.620%
1.6000/o
l,7800
2.350%
2.5770,6
}VA
0.910%
3,000.000
3.000.000
3,000,000
2,000,000
2,000,000
2,000,000
2.500,000
3,000,000
3,000,000
2.000.000
2,000,000
),t/A
Pcr BNY WTC
3,000,000
2,684, I 30
3,000,000
2,673.930
3,000,000
2.683.620
2,000,000
I ,780,900
2,000.000
I .782,000
2,000,000
I ,778, I 80
2.500.000
2,239,850
3,000,000
2,687,400
(3 l s.870)
(324.ee0)
( 326.070)
(335.460)
(l I
(t.180
)
(32 s.500)
(21e.r00)
(215,400)
(2 r 8.000)
1224.280)
(22 r.820)
(228,200)
(260, I s0)
(266.900)
(3 I 2.600)
(32 r .000)
( 307,7 l 0)
(3 I 5,84C))
( I 99.520)
(205, I 40)
( I 73.s60)
( r 7s.960)
I 7.500
3.t25
33.750
2.8 t3
J /,)00
1.125
22,000
| .831
22.400
| .8(r7
2l ,000
1,750
34.3 75
2.865
41,25(l
3.43 8
l2-17-21
12-17-26 c
03-29-22
03-29-27 c
3,000.000
2,692,290
2.000.000
I ,800,480
2,000,000
I ,826,040
43,500
3,625
32.000
2.667
47,000
3,917
157 ,868,056
143,037.252
( I
.1.B10.804)
( I s.4t 5,4e5)
I ,108.760
I 09.061
- lJll = lJnrestricted Inveslmenls
8 T:\fin!nce\lnv.!tm.nt Reports\2023-2024 lnvestnrent Reports\04 - OctotJer 2023 lilvestrnBrt r cport.xls
CHANGES IN BALANCES AND YIELDS
CITY OF TULARE
TREASURER'S EXECUTIVE SUMMARY
October 31,2023
BOOK VALT]E
MARKET VALUE
DIFFERENCE AVERAGE STATED YIELD
CATEGORY OCTOBER SEPTEMBER CHANGE OCTOBER SEPTEMBER CHANGE 'lirtal
I rrrrcstrncnls
Unlcstrictecl I nvcstmcnts
Rcstlictcd Investmcnts
Local Agcncy Invcstment lrund (l.,AIIr)
Irixed I ncorle Inrrcstntents (Total )
TRANSACTTONS (BOOK VALUE)
CATEGORY
(4e t.34n)
I 57.868.056
142,452 56t
( r 4,830.804) ( r5,4r5.49s)
PURCHASES
247,979.858
2 3 2,65 7.706
( r 5.322.1 52)
232,524.752
2 17,202,600
(1s,322.t52)
I 5,455, I 06
t5,155,t06 -----------t'-
35.885, I 0 I
3 5,39 3,7 5 3
(49 r.348)
I 57.868.056
143,037,252
244,908,315
229,00 t,172
( rs,eT6.844I
229,017,158
2t3,/t0,3t4
( I 5,906.844)
15,891.157
15,89 t, t57
35.885. I 0 I
?5 ?A? 7\?
3,07 I ,543
3,656,2 3 4
---sTZFgT3,507 ,594
4,092,285
s 84,69 r
(436,05 r)
(436,0s 1)
0 0
581,69 I
584,69 I
N/A
1.209%
N/A
3.670%
0.91 0%
N/A
l.236tYo
N/A
3.534'Yn
0.920%
N/A
-0.0270/,
N/A
0.13601'
-0.0 t0%,
0 0
0 SALES / CALLS
Fixed Incorne Investrnents
Fcderal I-lorne l-oan Banks. 2.35'lo
Fixed Income Investments
2,000,000
2,000,000 0
9 T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\o4 - october 2023 rnvestment report.xls Staff Report
Meeting: City Council
Date: December 19, 2023
Department: City Manager
Submitted by: Chief Deputy City Clerk Melissa Hermann
Agenda Title: Board, Commission, and Committee Appointments
RECOMMENDED ACTION
Review applications, interview applicants, and appoint members to City boards, commissions, and committees to serve from January 1, 2024 through December 31, 2028, and/or direct staff to continue to solicit applications.
SUMMARY
The City has eight boards, commissions, and committees with members appointed by City Council. Below is a list of seats with terms expiring on December 31, 2023. Staff has also included a summary of each appointment process. Action must be taken on all seats that have terms expiring (reappoint current members or appoint new members using applications received).
At the December 5 meeting, Council inquired about the age requirements for persons serving on a Council-appointed board, commission, or committee. The City’s municipal code addresses this specifically for the Parks and Recreation Commission, setting the minimum age at 18. The City’s charter is silent on this issue as well as the policy documents (Council Handbook and Board/Commission/Committee Handbook). Although those documents are silent, California Government Code section 1020(b) does set the minimum age at 18 to be eligible to hold an appointive civil office.
Aviation Committee
The Aviation Committee is a five-member committee established by the City Council pursuant to Minute Action on July 6, 1971, and is responsible for making recommendations to the Council and staff in all areas related to City airport use, improvements, and development. The membership is made up of the following: one Planning Commissioner (appointed by the Planning Commission), one airport lease holder, and three additional members. All members, with the exception of the Planning Commissioner, are appointed by the mayor and confirmed by the majority of the Council. There are three seats with terms expiring on December 31. Of the three, Cris Colson and Robert Smith have applied to be considered for reappointment.
Name Appointed By Type Initial
Appointment
Most Recent
Appointment
Application
Received
Cris Colson Mayor General 3/1/2022 3/1/2022 Yes
Robert Smith Mayor General 12/1/2015 1/7/2020 Yes
Ryan Wilson Mayor General 1/7/2020 1/7/2020 No
Item #: 11.1
General Business
Board of Public Utilities Commissioners
The Board of Public Utilities Commissioners (BPU) is a five-member board established by the City Charter and is charged with the responsibility of regulating and managing the utility divisions of the City which includes Solid Waste, Water, Sewer, and Wastewater. Pursuant to Section 52 of the City Charter, all members are appointed by the mayor and confirmed by the City Council. There are three seats with terms expiring on December 31. Of the three, Renee Soto and Tony Sozinho have applied to be considered for reappointment. Tom Griesbach advised staff he is not seeking reappointment.
Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Renee Soto Mayor 6/18/2019 6/18/2019 Yes
Thomas Griesbach Mayor 4/18/2017 10/22/2019 No
Tony Sozinho Mayor 1/19/2021 1/19/2021 Yes
Committee on Aging
The Committee on Aging is a five-member committee established by the City Council in 1972 and is responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. There are two seats with terms expiring on December 31. Both Pam Malloy and Ralph Cantu have applied to be considered for reappointment.
Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Pam Malloy Council Seat 1 11/5/2019 11/5/2019 Yes
Ralph Cantu Council Seat 2 10/4/2022 10/4/2022 Yes
Measure I Citizen Oversight Committee
The Measure I Citizen Oversight Committee is a five-member committee established pursuant to ballot language (Resolution 05-5261) and by guidelines approved on May 16, 2017. The Committee meets twice annually, once to be briefed on the annual budget (mid-year) and again to review the Annual Audit Report, specific to Measure I. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. There are two seats with terms expiring on December 31. Neither member has applied to be considered for reappointment. Staff reached out to the members via email and telephone multiple times with no response. The one meeting held in September was attended by all members except for the two members whose seats are up for appointment.
Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Dawn “Michelle” Rowsey Council Seat 2 11/5/2019 11/5/2019 No Crystal Boling Council Seat 4 2/15/2022 2/15/2022 No
Parks and Recreation Commission
The Parks and Recreation Commission is a seven-member commission established by City Ordinance and acts on matters of recreational importance to all segments of the community, including recreational programs, facilities, and park development. The Commission also advises staff and Council on street trees to be removed or planted, standards for landscape enhancement, and tree preservation policy. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. The two remaining members are appointed at large by the City Council as a whole.
There are four seats with terms expiring on December 31. Applications were received from all four members expressing interest in continuing to serve on the Commission.
Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Lori Fishbough Council Seat 1 12/1/2015 12/17/2019 Yes
W. Eric Farrenkopf Council Seat 2 12/1/2015 12/17/2019 Yes Nicholas Sherwood Council Seat 3 12/1/2015 12/17/2019 Yes Armando Da Silva Council Seat 4 12/1/2015 12/17/2019 Yes Planning Commission
The Parks and Recreation Commission is a seven-member commission established by City Ordinance and acts on matters of recreational importance to all segments of the community, including recreational programs, facilities, and park development. The Commission also advises staff and Council on street trees to be removed or planted, standards for landscape enhancement, and tree preservation policy. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. The two remaining members are appointed at large by the City Council as a whole.
There are four seats with terms expiring on December 31. Applications were received from Charles Miguel and Sandra Miller expressing interest in continuing to serve on the Commission. Chad Petersen advised he is not seeking reappointment.
Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Chad Petersen Council Seat 2 1/11/2022 1/11/2022 No
Sandra Miller Council Seat 4 12/1/2015 12/17/2019 Yes
Charles Miguel Council Seat 5 12/1/2015 12/17/2019 Yes
All applications received from those interested in serving who confirmed they would still like to be considered are attached for Council review and consideration. All applicants live within the city limits. Applicants have been invited to the meeting to answer any questions the Council may have. Council may elect to make appointments at this meeting for terms that would be effective beginning January 1, 2024, or defer appointment at a future date understanding issues with quorums may arise at future meetings if appointment does not occur prior to December 31, 2023.
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. Applications
Reviewed/Approved:
Aviation Committee
Current Member Applications
Cris Colson
Robert Smith
New Applications
Steven Melendez
Jaime Mendez*
*Interested in other boards, commissions, and committees as well
Board of Public Utilities Commissioners
Current Member Applications
Renee Soto
Tony Sozinho
New Applications
Paula Johnson*
Jonathan Juarez*
Jaime Mendez*
Jonathon Porter*
Derek Newman*
*Interested in other boards, commissions, and committees as well
Committee on Aging
Current Member Applications
Pam Malloy
Ralph Cantu*
New Applications
Sharon Fien
Celeste Galeno*
Derek Newman*
*Interested in other boards, commissions, and committees as well
Measure I Citizen Oversight Committee
Current Member Applications
None Applied
New Applications
Jonathon Juarez*
Jaime Mendez*
Celeste Galeno*
*Interested in other boards, commissions, and committees as well
Parks & Recreation Commission
Current Member Applications
Armando Da Silva
Eric Farrenkopf
Lori Fishbough
Nick Sherwood
New Applications
Paula Johnson*
Jonathan Juarez*
Jaime Mendez*
Jonathon Porter*
Celeste Galeno*
Derek Newman*
*Interested in other boards, commissions, and committees as well
Planning Commission
Current Member Applications
Charles Miguel
Sandra Miller
New Applications
Jonathan Juarez*
Jaime Mendez*
Ralph Cantu*
Jonathon Porter*
Danielle Avila
Madalyn Souza
Derek Newman*
*Interested in other boards, commissions, and committees as well
Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Community Development
Submitted by: Mario Anaya, Community Development Director Agenda Title: Establishment of Historic Preservation Committee
RECOMMENDED ACTION
Authorize the Community Development Director to prepare the Historic Resource Designation application form and begin taking designation application requests, or alternate direction to staff related to the City of Tulare’s existing Historic Preservation Ordinance (TMC 10.96).
SUMMARY
At a regularly scheduled City Council meeting on December 5, 2023, City Council unanimously voted to place this item on the City Council meeting agenda for this next meeting, held December 19, 2023. Property owners, particularly in the city’s downtown have expressed interest in creating a local register of historic resources to be able to access some of the benefits that could assist them in restoring the buildings to active use. Staff is presenting information regarding the City’s existing Historic Preservation Ordinance and procedures set forth, as approved by prior City Council adoption of the ordinance, as well as staff input on potential next steps.
On December 18, 2007, the Tulare City Council passed Ordinance 07-28, establishing Chapter
10.96 Historic Preservation (Historic Preservation Ordinance) in the City of Tulare Municipal Code. The existing Historic Preservation Ordinance authorizes the Planning Commission to oversee and administer the provisions of the ordinance. The Community Development Director serves as the Secretary to the Planning Commission (Secretary) already, and would also do so for Historic Preservation, as authorized by the current Ordinance. Final approval of any historic resource or historic district designations rests with the City Council once the application has been processed by staff and presented to the Planning Commission.
While the Historic Preservation Ordinance is complete, well-written, and clear to begin implementation, there has yet to be a formal Local Register of Historic Resources that have been designated, which would be the next step in implementing the ordinance. Tulare has one resource already listed on the National Register of Historic Places (NRHP), the Tulare Union High School Auditorium and Administration Building. There are two resources listed on the California Register of Historical Resources (CRHR), the Tulare Water Tower, and the Tulare Assembly Center (temporary detention camp for Japanese Americans during WWII). Those are the only officially designated resources, at federal and state levels, however there are several properties and resources in the City that have historical ties and have been evaluated or written about over the years, including in the city’s Historic Resource Survey (last updated 2005).
The existing Historic Preservation Ordinance allows the Secretary to accept requests for designation of local landmarks and historical resources. These requests for designation may be initiated by Council, the Planning Commission, the Secretary, the property owner, or an Item #: 11.2
General Business
authorized representative of the property owner. Requests for designation are to include the information detailed in section 10.96.060(A)(1 through 8) of the Historic Preservation Ordinance.
If Council so desires, staff can begin preparing an application form, and accompanying fee for any requests for designations that may be presented, and work to schedule trainings for staff and Planning Commission, as well as City Council, if desired, on Historic Preservation.
From staff’s perspective there are several potential benefits that could result from an active historic preservation program at the city, such as the following:
• Preserve the City of Tulare’s historical, architectural, and cultural heritage • Historic preservation has been studied and shown to better retain (stabilize) and enhance (increase) property values (no data showing it negatively affects values) • Economic incentives in participating jurisdictions (Mills Act, revolving loan & grant programs, Historic Places grants)
• Potential economic development benefits of adaptive reuse historic properties in downtown
• Building code incentives (CA Historical Building Code…performance based vs prescriptive)
• Zoning code bonuses to allow adaptive reuse (parking exemptions) • Historic tax credit programs (federal & state programs exist), seem to range from a 25- 85% tax savings, with many in the 60-65% range.
It should be noted that staff would also be working to provide more information for property owners and residents who may have concerns about what it means for a property or resource to be designated. Some things to keep in mind are the following:
• There is specific criteria and a process to follow for a resource to qualify for designation, including public hearings and final decision being City Council’s. • If a resource is designated as historic it does not mean “no changes” can be made, it simply means changes are to be compatible with why the resource is deemed historic (example, exterior architectural style would not limit renovations and improvements to the interior of a building).
• Historical resources can be designated individually, where a historic district has a higher threshold to qualify, requires multiple contributing resources, and integrity of these resources.
FISCAL IMPACT & FUNDING SOURCE(S)
Anticipated nominal increased revenue for historic resource designation application fees paid by private property applicants, captured with Planning Division revenues in the Development Services General Ledger. Anticipated revenue would depend on the level of interest and applications submitted by property owners.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes: Approval to proceed with implementation of Historic Preservation Ordinance, with addition of changes requested by Council, including requested revisions to the existing Historic Preservation Ordinance (TMC 10.96).
2. Deny: In denying implementation of the Historic Preservation Ordinance, staff would not accept applications for designation of historic resources and the city would not carry out General Plan policies and goals related to historic preservation.
3. Table: Table the item to a future date as determined by Council.
ATTACHMENTS
1. Tulare Municipal Code Chapter 10.96 Historic Preservation Reviewed/Approved:
CHAPTER 10.96: HISTORIC PRESERVATION
Section
10.96.010 Intent and purpose.
10.96.020 Definitions.
10.96.030 Duties and powers of the Planning Commission.
10.96.040 Designation criteria.
10.96.050 Designation process.
10.96.060 Historic resources.
10.96.070 Local historic districts.
10.96.080 National Register historic districts or structures.
10.96.090 Adoption by Council.
10.96.100 Amendment or rescission of designation.
10.96.110 Local Register of Historic Resources.
10.96.120 Deletion of demolished, relocated or rescinded designated historic resources.
10.96.130 Historic resource permit review process.
10.96.140 Historic district permit review process.
10.96.150 Conditional uses.
10.96.160 Appeal procedure.
10.96.170 Finality of decision.
10.96.180 Substandard buildings.
10.96.190 Advice and guidance to property owners.
10.96.200 Property owned by public agencies.
10.96.210 Fire and building codes.
10.96.220 Minimum maintenance.
10.96.230 Status of properties previously designated.
10.96.240 Civil and criminal penalties.
10.96.250 Severability
§ 10.96.010 Intent and purpose.
(A) The purpose of this chapter is to continue to preserve, promote, and enhance the historic resources and designated historic districts of the city for educational, cultural, economic and the general welfare of the public; to continue to protect and review changes to these resources and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this city, state and nation; to continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites and districts which reflect elements of the city's historic, cultural, social, economic, political and architectural history; to continue to preserve and enhance the environmental quality and safety of these landmarks and districts; to continue to establish, stabilize and improve property values and to foster economic development. (B) The Council finds that the city has played an important role in the development of the San Joaquin Valley of California and that this history is evidenced today through its historic buildings, structures, objects, and districts representing the commercial, industrial, social, economic, political and architectural development of the city. The Council finds that the distinctive and significant character of the city can best be maintained by protecting and enhancing its historic, architectural, aesthetic and cultural heritage and by preventing unnecessary injury or destruction of its historic resources and districts which are important community assets.
(C) The Council finds that this chapter benefits all of the residents of the city and all owners of property and declares as a matter of public policy that the preservation, protection and use of historic resources and districts are a public necessity because of their character and their value as visible reminders of the history and heritage of this city and state. The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people. The designation and preservation of historic resources and districts and the regulation of alterations, additions, repairs, signs, removal, demolition or new construction to ensure the perpetuation of their historic character is hereby designated to be a public purpose.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in § 10.212 shall also govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
ALTERATION. Any change or modification requiring a city permit, through public or private action, of any designated historic resource or any property located within a designated historic district including, but not limited to: exterior changes to or modification of structural details, architectural details or visual characteristics such as doors, windows, surface materials and texture, grading or surface paving; addition of new structures; cutting or removal of important landscape features such as mature trees or other natural features; and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories compromising the exterior visual qualities of the resource or property.
ARCHITECTURAL DESIGN REVIEW COMMITTEE. The entity created to make recommendations to the Planning Commission regarding new development, modifications or alterations to resources within the district.
BUILDING. Any construction created primarily to shelter any form of human activity, including accessory structures and garages.
CALIFORNIA REGISTER OF HISTORICAL RESOURCES. The authoritative guide in California to be used by state and local agencies, private groups and citizens to identify the state's historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial change.
COMMISSION. The City of Tulare Planning Commission.
CONTRIBUTOR TO A LOCAL HISTORIC DISTRICT. An individual historic resource which contributes to the significance of a Locally Designated Historic District (LHD) under the criteria set forth in this chapter.
CONTRIBUTOR TO A NATIONAL REGISTER HISTORIC DISTRICT. An individual historic resource which contributes to the significance of a National Register Historic District (NRD) under the criteria set forth in this chapter.
CULTURAL. As used in this chapter shall include traditional cultures including but not limited to Native American or other identifiable ethnic groups.
DEMOLITION. The act that destroys in whole or in part a designated historic resource.
DEPARTMENT. The Development Services Department, Planning Division of the city.
EXTERIOR ARCHITECTURAL FEATURE. The architectural elements embodying style, design, general arrangement and components of all of the outside surfaces of a building, structure or object, including but not limited to the type of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building, structure or object.
FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors.
HISTORIC RESOURCE. Any building, structure, object or site that has been in existence more than 45 years and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and is associated with events that have made a significant contribution to the broad patterns of our history, or is associated with the lives of persons significant in our past, or embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values; or has yielded, or may be likely to yield, important information in prehistory or history; and has been designated as such by the Council pursuant to the provisions of this chapter.
LANDSCAPING. Designed and non-designed landscapes including vegetation, natural features, structures, objects, roads or waterways, designed, shaped or modified by human activity. Such landscaping is recognized as significant or identified within a nomination as significant in reference to the primary resource; and has been designated as such by the Council pursuant to the provisions of this chapter.
LOCAL REGISTER OF HISTORIC RESOURCES. The inventory of buildings, structures, objects, sites and districts designated by the Council as historic resources or historic districts pursuant to the provisions of this chapter.
LOCAL HISTORIC DISTRICT (LHD). Any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area which possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. The Local Historic District must be significant as well as identifiable and it must meet the criteria of the California Register of Historic Resources.
NATIONAL REGISTER OF HISTORIC PLACES. The official federal list of districts, sites, buildings, structures and objects significant in American history, architecture, engineering and culture as authorized by the National Historic Preservation Act of 1966.
NATIONAL REGISTER HISTORIC DISTRICT (NRD). Any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area which possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. The National Register Historic District must be significant as well as identifiable and it must meet National Register criteria for listing on that Register.
NON-CONTRIBUTOR. Any building, structure, object or site that does not contribute the significance of the historic district in which it is located.
OBJECT. Any construction that is primarily artistic in nature or is relatively small in scale and simply constructed. Although an object may be, by nature or design, movable, it is associated with a specific site or environment, such as fountain or sign.
PRESERVATION. The act or process of applying measures to sustain the existing form, integrity and material of an historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
PRESERVATION/DISTRICT PLAN. The plan adopted after the formation of an historic district which shall govern the manner in which the preservation objectives of the district will be attained.
RECONSTRUCTION. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or a part thereof, as it appeared at a specified period of time.
REGULATED PERMITS. Any permit issued for any work on an historic resource or within any historic district.
REHABILITATION. The act or process of making a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural or architectural values.
RESTORATION. The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
SECRETARY. The Planning Director or his or her designee.
SECRETARY OF THE INTERIOR'S STANDARDS. The Secretary of the Interior's Standards for the Treatment of Historic Properties published by the U.S. Department of the Interior.
SITE. The location of a significant event, a prehistoric or historic occupation or activity where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure, including but not limited to a designed landscape or the ruins of a building or structure.
SPECIALIST. A person or person designated by the Planning Director to serve as preservation specialist to assist the city.
STABILIZATION. The act or process of applying measures designed to reestablish a weatherresistant enclosure or the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
STATE HISTORIC BUILDING CODE. Title 24, Building Standards, Part 8, California Code of Regulations.
STRUCTURE. Any construction created for purposes other than creating human shelter, including but not limited to a bridge or water tower.
SURVEY. Historic resource surveys conducted under the auspices of the city.
UNREASONABLE ECONOMIC HARDSHIP. Facts and circumstances which establish that there are no feasible measures that can be taken which will enable the property owner to make a reasonable beneficial use of the property or derive a reasonable economic return from the property in its current form.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.030 Duties and powers of the Planning Commission. (A) In regard to this chapter, the primary duties of the Planning Commission shall be:
(1) The identification, designation and preservation of historic resources and historic districts owned by the city or located within the city limits; and (2) The regulation of exterior alterations visible from a public right-of-way including demolition, relocation and new construction, and interior alterations which would affect the significance of historic resources or historic districts.
(B) The Commission shall have the following additional duties and powers:
(1) Conduct studies and evaluations of applications requesting the designation of historic districts, make determinations and recommendations as appropriate for consideration of such applications in order to effectuate the purposes of this chapter. (2) Adopt specific guidelines for the designation of historic resources, historic districts and heritage properties as it deems necessary to effectuate the purposes of this chapter. (3) Maintain a current listing and description of designated historic resources and historic districts and transmit copies and update of such listings to all appropriate city agencies and departments as determined by the Secretary to the Commission.
(4) Develop and recommend the adoption of a Historic Preservation Element for the General Plan of the city.
(5) Participate in environmental review procedures called for under this chapter or under the California Environmental Quality Act (CEQA) or under the National Environmental Protection Act (NEPA) by providing review and comments on permit actions affecting designated historic resources and historic districts as the Commission deems appropriate. (6) Review and comment upon the conduct of land use, housing, redevelopment, municipal improvement and other types of planning and programs undertaken by any agency or department of the city, county or state as they relate to designated historic resources and historic districts as the Commission deems appropriate.
(7) Establish criteria and conduct or cause to be conducted historical resource surveys of properties within the city limits in accordance with state survey standards and procedures; submit completed surveys to the Council for official adoption; and submit adopted surveys to the Office of Historic Preservation for integration into the Historic Property Data File for Tulare County maintained by that office.
(8) Recommend internal procedures to facilitate the use of such adopted historical resource surveys in planning and development processes by all relevant city agencies and departments. (9) Publicize, maintain and periodically update such historical resource surveys in accordance with state survey standards and procedures.
(10) Adopt procedural rules for the systematic review of such historical resource surveys to determine if designation proceedings should be initiated on appropriate sites. Provide for the removal of sites not found qualified for designation from the survey and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation if included therein. (11) Review and make recommendations on nominations for inclusion in the California Register of Historical Resources.
(12) Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this chapter. (13) Adopt, promulgate, amend and rescind, from time to time, such rules, guidelines and regulations as the Commission may deem necessary to effectuate the purposes of this chapter. (14) Provide for a suitable sign, plaque or other marker at public or private expense, on or near the historic resource or district (LHD or NRD), indicating that the resource or district (LHD or NRD) has been so designated. The sign, plaque or other marker shall contain information and data deemed appropriate by the Commission and its placement shall be at the discretion of the owner. (15) Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions as a matter of public record. (16) Render advice and guidance, upon the request of a property owner or tenant on the financial and physical aspects of the restoration, alteration, rehabilitation, landscaping or maintenance of any historic resource or any contributor to any historic district (LHD or NRD). (17) Investigate and report to the Council on the use of various federal, state, local or private funding sources and mechanisms available to promote historic resource preservation in the city. (18) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources and provide for public participation in all aspects of the city's historic preservation programs.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.040 Designation criteria.
(A) Historic resources. Any building, structure, object or site may be designated as an historic resource if it is found by the Commission and Council to meet the following criteria:
(1) It has been in existence more than 50 years and it possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
(a) It is associated with events that have made a significant contribution to the broad patterns of our history; or
(b) It is associated with the lives of persons significant in our past; or (c) It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values; or (d) It has yielded or may be likely to yield, information important in prehistory or history. (2) It has been in existence less than 50 years; it meets the criteria of division (A)(1) above and is of exceptional importance within the appropriate historical context, local, state or national. (B) Local historic districts. Any finite group of resources (buildings, structures, objects or sites) may be designated as a local historic district if it meets the definition set forth in § 10.96.020, its designation is consented to by the majority of the property owners within the local historic district, at least 50% of the resources within the proposed local historic district are 50 years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria:
(1) It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural heritage, or
(2) It is identified with a person or group that contributed significantly to the culture and development of the city, or
(3) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or (4) Structures within the area exemplify a particular architectural style or way of life important to the city, or
(5) The area is related to a designated historic resource or district in such a way that its preservation is essential to the integrity of the designated resource or local historic district, or (6) The area has potential for yielding information of archaeological interest. (C) National Register historic districts. The nomination of any finite group of resources (buildings, structures, objects or sites), including any local historic district, to the National Register of Historic Places as a National Register historic district may be recommended under this chapter if the nomination is supported by more than 50% of the property owners within the proposed National Register historic district.
(D) Contributors to historic districts. Any building, structure, object or site may be designated as contributor to a local historic district or a proposed National Register historic district if it contributes to the significance of the specific historic district under the criteria set forth above in this section. (Ord. 07-28, passed 12-18-2007)
§ 10.96.050 Designation process.
(A) Buildings, structures, objects, sites and districts may be considered for designation as historic resources, local historic districts or National Register historic district under this chapter as set forth in §§ 10.96.060, 10.96.070, and 10.96.080.
(B) Historic resources and districts shall be adopted by ordinance pursuant to § 10.112 (zoning amendments). In the case of historic resources, the resource shall be designated on the Official Zoning Map with the base zone district followed by the Historic Combining District notation (H). For example, a single family property that is designated historic resource shall have the notation R-1-6(H). (C) In the case of the historic districts, the boundaries of the district will be adopted by ordinance but will not be designated with the H overlay. In the historic district, all historic resources, and contributing resources shall be subject to the Historic district permit review process. (Ord. 07-28, passed 12-18-2007)
§ 10.96.060 Historic resources.
(A) Requests for designation. Designation of an historic resource may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner. The application for designation consideration shall be filed with the city, using a form approved by the Secretary and shall include the following information:
(1) The Assessor's parcel number for the property containing the building, structure, object or site proposed for designation along with the name and address of the current owner(s) of record and a copy of the deed granting title to the owner(s);
(2) Whether the proposed historic resource takes the form of a building, structure, object or site as same is defined in this chapter;
(3) A description of the specific building, structure, object or site proposed for designation including but not limited to its dates of construction, significant alterations and architectural style; (4) The manner in which the proposed building, structure, object or site meets the criteria for designation contained in § 10.96.040;
(5) Current photographs of all aspects of the proposed historic resource, supplemented by sketches, drawings or other descriptive materials;
(6) A description of the physical condition and appearance of the proposed historic resource; (7) If the designation proposal is not being submitted by the owner, a statement acknowledging whether the owner has consented to submission of the proposal, is in opposition to the submission or has declined to state a position on the issue, however, this language shall not be interpreted as requiring owner consent to the designation of an individual resource under this section; (8) Completed California Department of Parks and Recreation Primary Record and Building, Structure and Object #523 forms for the proposed historic resource. (B) Procedural requirements in advance of hearing.
(1) The application and supporting information shall be reviewed by the Department for adequacy and completeness under the requirements of this section. A hearing on the application will be scheduled when the Department determines that the application is complete. (2) Notice of the time, place and purpose of such hearing will be mailed to the owner of the property proposed for designation at the address shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing.
The Secretary may also give such additional notices as he or she deems desirable and practicable. (3) The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition or removal of such property, and no permit to undertake such work shall be issued by the city for 90 days from the date the Department mails the notice of hearing to determine historic resource designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic resource designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate city officials of said restrictions.
Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.
(4) The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic resource, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the Building Code. (5) Prior to the Commission's hearing on the designation of the property, upon application by the property owner and/or any authorized representative, the Secretary may approve a permit for alterations, construction or reconstruction consistent with the ordinary maintenance and repair of the property, to the extent that such work does not adversely affect the exterior architectural features of the property.
(C) Commission hearing.
(1) The Commission shall review all materials prepared and submitted and vote on the designation recommendation.
(2) At the conclusion of the hearing, the Commission shall make a recommendation to the City Council for approval, disapproval or modification of the historic designation and make findings in support of that recommendation; or the Commission may continue the hearing. (3) An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.
(4) Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Clerk. The City Clerk shall place on the agenda of the Council the Commission's recommendation for Council consideration. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.070 Local historic districts.
(A) Requests for designation. Designation of a local historic district may be initiated by the Council, the Commission, or property owners within the proposed district and shall consist of an initial, preliminary submission and, if recommended by the Commission, a subsequent, formal submission. (B) Initial application.
(1) The initial application shall be filed with the Secretary using the form(s) approved by the Secretary and shall include the following information:
(a) Proposed district boundaries.
(b) A statement of how the proposed local historic district meets the designation criteria of §10.96.040.
(2) The initial application shall be the subject of a staff report and will be scheduled for a determination by the Commission as to whether the initial application should proceed to a formal application. If the Commission so recommends, a formal application shall be developed and submitted for Commission consideration at a future meeting. If the Commission does not so recommend, no further action shall be taken with respect to the proposed local historic district. (C) Formal application. The formal application for local historic district designation consideration must have written consent by a majority of the property owners within the proposed district for the application to be considered complete. For purposes of determining whether a majority of property owners have consented, each property owner is entitled to one vote. Owners of more than one property within the proposed district are entitled to one vote per property and multiple owners of a single property are collectively entitled to one vote. A formal application shall be filed by the applicant with form(s) approved by the Secretary, which shall include the following information:
(1) A clearly defined and explained boundary for the proposed district shown on an assessor's map or maps.
(2) A concise description of the general physical or historical elements (buildings, structures, objects and sites) and qualities which make this area a local historic district with a description of building types, architectural styles and periods represented in the proposed district. (3) A concise statement that clearly documents why the proposed district has significance (areas of significance that reflect the proposed district's historic importance), the period of time for which it is significant, why it substantially meets local historic district criteria for listing as set forth in §
10.96.040(B) and, if applicable, why it substantially meets National Register historic district criteria for listing as set forth in section § 10.96.040(C).
(4) A definition of what types of buildings contribute and do not contribute to the significance of the proposed local historic district as well as an estimate of the percentage of buildings within the proposed district that do not contribute to its significance. (5) A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing resources.
(6) Photographs of streetscapes in the proposed district and the contributing and non-contributing resources.
(7) Completed Department of Parks and Recreation #523 forms for each building, structure, object or site within the proposed local historic district which also identify the potential contributors and non-contributors to the district.
(8) Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district.
(9) The signed property owners' consent form which shall clearly indicate the name, district property address, district property parcel number and mailing address of each consenting property owner.
(D) Procedural requirements in advance of hearing.
(1) The formal application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this section. The Commission shall be responsible for determining whether the formal application has been consented to by a majority of the property owners within the proposed district as required by this chapter. A hearing on the application will be scheduled by the Secretary after it has been determined that the application is adequate and complete.
(2) A hearing notice shall be mailed to the owners of all properties within the proposal district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable. (3) No permit shall be issued by the city for the undertaking of any alteration, construction, grading, demolition or removal of any property within a proposed historic district and all property owners and/or their representatives shall be prohibited from undertaking any such work for 90 days from the date the Commission Secretary mails the initial notice of hearing to determine local historic district designation to the property owners and/or their authorized representatives. If no final action has been taken as to the proposed local historic district designation within the 90-day period, said restrictions shall be removed, unless the Commission, with the consent of the property owners and/or their authorized representatives, elects to continue its consideration of the local historic district designation. If the Commission, with the consent of the property owners and/or their authorized representatives, makes such an election, said restrictions shall remain against the properties in the proposed local historic district until final action. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.
(E) The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the local historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the Building Code. (F) Commission hearing.
(1) The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.
(2) Any property owner or his or her representative may make a presentation to the Commission on the issue of whether his or her property should be considered as a contributor or non-contributor to the proposed district and on the issue of whether or not the district should be formed. (3) At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval or modification of the proposal for local historic district designation; make findings in support of that recommendation; make findings on issues or concerns raised by any individual property owner; identify any property owner objecting to the inclusion of their property within the district; or the Commission may continue the hearing.
(4) An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.
(5) Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Clerk. The City Clerk shall place on the agenda of the Council the Commission's recommendation for Council consideration. The owners and/or authorized representatives of all of the properties within the proposed local historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(G) Adoption of a Preservation/District Plan. After the adoption of the designation for an historic district by the Council pursuant to §10.96.080, the applicant(s) shall have 90 days to develop a Preservation/District Plan which will set forth the manner in which the preservation objectives of the local historic district will be met. The Plan must include but is not limited to:
(1) A statement of significance which includes a description of contributing resources and significant elements.
(2) The goals and objectives of the proposed district.
(3) The means by which preservation objectives will be enforced:
(a) A proposed Design Review Committee with all conditions for formation, membership and operations specified;
(b) The Planning Commission serving as the Design Review Committee for the local historic district; or
(c) An Architectural Plan Design Review Committee with all conditions for formation, membership and operations specified.
(4) Identification of the standards and guidelines which will be applied to design review within the district.
(5) The activities regulated by the Preservation/District Plan which shall exclude activities determined exempt under this chapter.
(6) The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.080 National Register historic districts or structures. (A) Requests for recommendation. Recommendation to designate a local historic district or a structure to the National Register of Historic Places, may be requested by more than 50% of the property owners within such historic district or by the Commission or Council. (B) Procedural requirements in advance of hearing.
(1) An application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this chapter and the National Register of Historic Places. (2) Notice of the time, place and purpose of such hearing will be mailed to the owners of all properties within the designated local historic district or structure proposed for recommendation as a National Register Historic District at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing.
The Secretary may also give such additional notices as deemed necessary. (3) The Secretary shall prepare a staff report addressing the consequences and procedural requirements of listing a local historic district or structure on the National Register of Historic Places. (C) Commission hearing.
(1) The Commission shall review all materials prepared and submitted and may vote on the district recommendation.
(2) At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval or modification of the proposal for the National Register historic district or structure and make findings in support of that recommendation;
(3) Within 30 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings and all submitted materials to the City Council. (4) The owners of all properties within the proposed National Register historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.090 Adoption by Council.
(A) The sole authority to declare historic resources or historic districts and to endorse local historic districts or structures to the National Register of Historic Places shall be vested in the City Council and shall be exercised only after completion of the Commission's responsibilities under the designation process set forth above in § 10.96.050.
(B) Within 30 days following receipt by the City Clerk of the Commission's recommendations or as soon thereafter as is practicable, a hearing shall be set by the Clerk and held by the City Council.
Following such hearing, the City Council shall adopt, modify or reject the designation recommended by the Commission and, in the instance of a district designation, make findings as to which properties shall be considered contributors and non-contributors to the district. In the alternative, the City Council may continue its consideration of the matter, or, in the event that new information is presented, refer the proposed designation to the Commission for further hearings, consideration or study within a period of time designated by City Council. Adoption of the designation shall be made by resolution which shall contain findings of fact as specified in § 10.96.040. (C) Within ten days of the Council's decision, notice thereof shall be mailed by the Secretary to the owner of record of each property proposed for designation at the address shown on the latest assessment roll and to such other persons that the Secretary may deem appropriate. (D) No proposal for designation once considered and disapproved by the Council shall be reconsidered except upon the affirmative vote of four Council members. Any decision to reconsider shall be treated as a new proposal for designation pursuant to §§ 10.96.060, 10.96.070, or 10.96.080. (Ord. 07-28, passed 12-18-2007)
§ 10.96.100 Amendment or rescission of designation.
The City Council may amend or rescind any designation of an historic resource, an historic district, a contributor to an historic district or a non-contributor to an historic district in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation or change of circumstances, conditions or factors which justified the change in designation of the resource or district. (Ord. 07-28, passed 12-18-2007)
§ 10.96.110 Local Register of Historic Resources.
Ordinances adopting designations of historic resources and local historic districts shall collectively be known as the Local Register of Historic Resources. The local register shall be kept on file with the Secretary, who shall transmit copies to the various city officers. (Ord. 07-28, passed 12-18-2007)
§ 10.96.120 Deletion of demolished, relocated or rescinded designated historic resources.
When a designated historic resource has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this chapter, the Secretary, upon notice thereof, shall cause such resource to be deleted from the Local Register of Historic Resources and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation (SHPO). Upon such deletions and such rescission, the provisions of this chapter shall not be deemed to encumber or otherwise restrict the use of such property. (Ord. 07-28, passed 12-18-2007)
§ 10.96.130 Historic resource permit review process.
(A) It shall be unlawful for any person, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct or restore any historic resource without first obtaining a city permit and the approval of the Planning Commission. (B) Upon receipt of an application or proposal for a demolition, grading, removal or building permit for any historic resource, the city department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the historic resource based on the application presented.
(C) Any application or proposal which proposes the substantial alteration of an historic resource shall also be referred to the Secretary or his or her designee for review. (D) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historic resource covered by this chapter that does not involve a change in design, materials or external appearance. (E) Nothing in this section shall be construed to prevent the Secretary from issuing a building permit if he or she determines that demolition, removal or substantial alteration of the historic resource is immediately necessary to protect the public health, safety or general welfare. (F) After consideration of all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal. (G) No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:
(1) The proposed work is found to be consistent with the purposes of this chapter and the Secretary of the Interior's Standards, not detrimental to the special historical, architectural or aesthetic interest or value of the historic resource; or
(2) The action proposed is necessary to correct an unsafe or dangerous condition on the property; or
(3) Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant's own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable economic beneficial use of the property or derive a reasonable economic return from the property in its current form; or (4) The site is required for a public use which will directly benefit the public health, safety and welfare and will be of more benefit to the public than the historic resource. (5) For applications for relocation of an historic resource, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural or aesthetic value of the resource and that the relocation is part of a definitive series of actions which will assure the preservation of the resource.
(H) Any finding that denial of the application or proposal will result unreasonable economic hardship to the owner, pursuant to this section, may be based on the following factors:
(1) An economic feasibility analysis conducted pursuant to this section shall include the determination of an "after-rehabilitation" value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the city. This "after-rehabilitation" value shall be determined in the following manner:
(a) The potential residential or commercial rental rate(s) which could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods.
(b) The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
(c) The appropriate capitalization rate shall be applied to the potential annual net income to determine the "after-rehabilitation" value of the property. (2) The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal. (3) The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.
(4) If the fair market value of the land, combined with the costs of rehabilitation, exceed the "after-rehabilitation" value of the property by more than 20%, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner. (I) If the Commission determines a permit should not be issued for the demolition, alteration, relocation or new construction, or the Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.
(J) The Commission shall give written notice of the decision regarding the regulated permit to the property owner/applicant and to the city. The notice shall contain the Commission's findings in support thereof.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.140 Historic district permit review process.
(A) It shall be unlawful for any person, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct or restore any property within any historic district without first obtaining a city permit and written approval of the Planning Commission.
(B) Upon receipt of an application or proposal for a demolition, grading, removal or building permit for any property within any historic district, the city department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the permit or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the property based on the application presented.
(C) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, materials or external appearance.
(D) Nothing in this section shall be construed to prevent the Planning Director from issuing a building permit if it is determined that demolition, removal or substantial alteration of a property within any historic district is immediately necessary to protect the public health, safety or general welfare. (E) After consideration of the final environmental document, all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any proposed application or permit application.
(F) No application shall be approved with modifications unless the Commission makes the following findings:
(1) For a contributor to any historic district, the proposed work is found to be consistent with the general purposes of this chapter and the Secretary of the Interior's Standards, not detrimental to the special historical, architectural or aesthetic interest or value of the Contributor or the respective historic district in general and consistent with the district's adopted design standards; or (2) For a non-contributor to any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district's adopted design standards; or
(3) For new in-fill construction within any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district's adopted design standards; or (4) The action proposed is necessary to correct an unsafe or dangerous condition on the property; or
(5) Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant's own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable economic beneficial use of the property or derive a reasonable economic return from the property in its current form; or (6) For applications for relocation of a contributor from any historic district, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural or aesthetic value of the resource and that the relocation is part of a definitive series of actions which will assure the preservation of the resource. (G) Any finding that denial of the permit application will result in unreasonable economic hardship to the owner, pursuant to division (F)(5) above, may be based upon the application of the following factors:
(1) An economic feasibility analysis conducted pursuant to this section shall include the determination of an "after-rehabilitation" value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the Development Services. This "afterrehabilitation" value shall be determined in the following manner:
(a) The potential residential or commercial rental rate(s) which could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods.
(b) The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
(c) The appropriate capitalization rate shall be applied to the potential annual net income to determine the "after-rehabilitation" value of the property. (2) The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal. (3) The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.
(4) If the fair market value of the land, combined with the costs of rehabilitation, exceeds the "after-rehabilitation" value of the property by more than 20%, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner. (H) A decision relating to the approval with modifications or disapproval of an application for any permit may be appealed pursuant to section § 10.96.160. (I) If the Commission determines a permit should not be issued for the demolition, alteration, relocation or new construction, or the City Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.
(J) The Secretary shall give written notice of the decision regarding the regulated permit to the property owner/applicant. The notice shall contain the Commission's findings in support thereof. (Ord. 07-28, passed 12-18-2007)
§ 10.96.150 Conditional uses.
(A) Conditional uses in the Historic Combining District shall include all uses that are conditional in the base zoning district or are listed as follows:
(1) Art and antique shops.
(2) Art and craft schools.
(3) Art supply and hobby shops.
(4) Bed and breakfast establishments.
(5) Beauty salons and barber shops.
(6) Floral shops.
(7) Gift and souvenir stores.
(8) Meeting halls.
(9) Multi-family dwellings, not exceeding one unit per 3,000 square feet. (10) Music or dance studios.
(11) Photography studios.
(12) Offices.
(13) Restaurants.
(14) Stamp and coin stores.
(15) Shoe repair shop.
(16) Travel bureaus.
(17) Any other use deemed appropriate by the Planning Commission. (B) The above conditional uses are allowed in residential zone subject to securing a conditional use permit pursuant to Chapter 10.116.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.160 Appeal procedure.
All appeals shall be considered pursuant to Chapter 10.20. (Ord. 07-28, passed 12-18-2007)
§ 10.96.170 Finality of decision.
Any decision of the Council under this chapter shall be final. Any decision of the Commission under §§ 10.96.130 or 10.96.140 shall become final if no appeal is taken from such order or decision within the time limits prescribed by the applicable appeal provision of this chapter. No permit regulated by the provisions of this chapter shall issue, nor shall any rights vest therein, until the decision of the Commission is final or any appeal there from is disposed of in the manner prescribed by this chapter. (Ord. 07-28, passed 12-18-2007)
§ 10.96.180 Substandard buildings.
(A) The Building Official shall notify the Secretary whenever such official declares an historic resource or any structure within an historic district to be a substandard or unsafe pursuant to the California Building Code.
(B) Where any historic resource has been declared substandard and must be demolished for health and safety reasons, the Secretary shall notify the Planning Commission and cause such resource to be removed from any historic list.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.190 Advice and guidance to property owners.
(A) The Commission may render advice and guidance with respect to any proposed work not requiring a city permit on any designated historic resource or any property within any historic district. (B) Examples of work referred to above are: painting and repainting of exterior surfaces; fencing; landscaping; and, installation of lighting fixtures. In rendering such advice and guidance, the Commission shall be guided by the purposes and standards of this chapter. (Ord. 07-28, passed 12-18-2007)
§ 10.96.200 Property owned by public agencies.
(A) The Commission shall take appropriate steps to notify all public agencies and public utilities which own or may acquire property, including easements and public rights-of-way, in the city about the existence and character of designated historic resources and historic districts, and the Commission shall cause a current record of such resources and districts to be maintained with each such public agency and public utility. All such designated resources and districts shall be subject to the provisions of this chapter regardless of ownership.
(B) In the case of publicly owned properties which are not subject to the permit review procedures of the city, including this chapter, but are more than 50 years of age or are located within any historic district, the agency owning the said property is encouraged to seek the advice of the Commission prior to approval or authorization of any construction, alteration, or demolition thereon, including the use and placement of street furniture, signs, lighting, and landscaping; and, the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this chapter.
If Commission review of a public project involving construction, alteration, or demolition of any building, structure, object or site is required under any other law, the Commission may render the report referred to in this section to such public agencies without specific request therefor. (Ord. 07-28, passed 12-18-2007)
§ 10.96.210 Fire and building codes.
Issuance of a permit in conformance with this chapter shall not alter conformance requirements with the other standards and requirements of this chapter. The Planning and Building Director and the Fire Marshal shall liberally construe and apply all pertinent codes, including the State Historical Building Code and the California Building Code so as to effectuate the purposes of this chapter. (Ord. 07-28, passed 12-18-2007)
§ 10.96.220 Minimum maintenance.
(A) All designated historic resources including contributors to any historic district shall be preserved against decay and deterioration, kept in a state of good repair and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather and vandalism.
(B) Consistent with all other state and city codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects:
(1) Building elements so attached that they may fall and injure members of the public or property. (2) Deteriorated or inadequate foundation.
(3) Defective or deteriorated flooring.
(4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
(5) Members of ceilings, roofs, ceiling or roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration. (6) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration. (7) Deteriorated, crumbling or loose exterior plaster.
(8) Deteriorated or ineffective water- proofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
(9) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering. (10) Any fault, defect or deterioration in the building which renders it structurally unsafe or not properly watertight.
(Ord. 07-28, passed 12-18-2007)
§ 10.96.230 Status of properties previously designated. (A) All historic properties previously designated under this chapter shall remain unless otherwise removed as an historic property.
(B) All existing "H" overlay properties shall be considered historic resources. (Ord. 07-28, passed 12-18-2007)
§ 10.96.240 Civil and criminal penalties.
It shall be unlawful for any person to permit or maintain violations of any of the provisions of this chapter by undertaking the alteration, grading, removal, demolition or partial demolition of an historic resource or a building, structure, object or site within an historic district without first obtaining the written approval of the Secretary, Commission or Council as provided in this chapter, or to defy any order or decision rendered by the Commission or Council. Any violations of this chapter may be enforced as provided in this code, except in the case of administrative citations issued pursuant to Chapter 1.61 of the Municipal Code. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object or site to its appearance or condition prior to the violation, under the guidance of the Development Services Department. (Ord. 07-28, passed 12-18-2007)
§ 10.96.250 Severability.
If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 07-28, passed 12-18-2007)
Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Community Services
Submitted by: Community Services Director Jason Glick
Agenda Title: Lease Agreement for the Alpine Vista Property
RECOMMENDED ACTION
Approve and authorize the City Manager to execute a lease agreement with the Tulare City School District for the Alpine Vista Property.
SUMMARY
As part of the Alpine Vista development (Cambridge Homes), the City of Tulare acquired a nearly six-acre property now located to the immediate west of Alpine Vista Middle School. The City’s intent at the time was to eventually develop the property for recreational uses. In the original Cambridge Homes Resolution document, there is discussion of a park but there are no specific approvals to create a park. In addition, the document doesn’t seem to describe or qualify what the park is supposed to be or how or why it was conveyed. The difficulty associated with this is that, until very recently with the passage of the Quimby Ordinance, the City had very few income sources to finance the construction, maintenance, and operation of a park on the site. Due to this funding shortfall, City staff has spent considerable time and energy researching alternative options for development.
After a review by the City Attorney’s Office, it was determined that if the property is not used for its original purpose (City believes it was intended to be a park), it must be reconvened to the sub-divider or successor agency in interest if not used for the public purpose originally dedicated (Govt Code §66477.5(c)). However, an alternative option to selling or the City developing the property is that the City can create a long-term lease agreement with a thirdparty to operate the property for recreational uses.
The Community Services Department staff meets regularly with the Tulare City School District (“District”) staff to discuss BEST Clubs. During a meeting last spring, the Alpine Vista Property was mentioned. After initial discussions, staff began meeting with the District more frequently on the possibility of the District developing and maintaining the Alpine Vista Property. The District is interested in more green space for Alpine Vista School. Ultimately, both parties came to an agreement and together drafted a lease agreement to create a park at the Alpine Vista Property location.
The highlights of the lease agreement are as follows:
• The City would lease the Alpine Property to the District for $1 a year for 99 years. • The Lessee will develop, construct, interconnect, operate, maintain, repair, and upgrade outdoor recreational facilities and ingress, egress, and other access to the property 24 hours per day, 365 days per year.
Item #: 11.3
General Business
• Within four years, the Lessee will either convert the land to turf or construct a multipurpose facility such as sports fields, sports courts, community center, but will not construct a facility for dedicated educational space.
• The property may be fenced, but the property will be made available for public use during non-school hours, weekends as well as summer, winter, and spring breaks. • Within two years, the City would install curb and gutter to the property. In addition, the owner shall retain a 55-foot-long by 22-foot-wide roadway access easement connecting to the north gate of the water tank located near the southeast corner of the subject property for turnaround space for vehicles to maintain the water tank.
City staff has discussed a few alternative options for the property as follows:
• Option 1: Lease the property for $1 per year to the Tulare City School District so that they may improve the property to include sport fields and or sports courts which could also be available for public use (recommended option).
• Option 2: Lease the property for $1 per year to the to the Tulare Joint Union High School District so that they may improve the property to include sport fields which could also be available for public use.
• Option 3: City to retain control of the property and develop a playground or pickleball courts for public use.
City staff feels that the best option and recommendation is the attached agreement because it provides the best public access at the most reasonable cost to the City in terms of capital improvements, maintenance, and liability.
FISCAL IMPACT & FUNDING SOURCE(S)
The City will be responsible to install curb and gutter which is estimated to be around $375,000.00.
LEGAL REVIEW
The City Attorney has reviewed the lease agreement.
ALTERNATIVE ACTION
1. Approve with changes – Modify the lease agreement and direct staff to implement the document inclusive of the revisions.
2. Deny – Do not move forward with approving the lease agreement and cease to support lessee the property to the Tulare City School District.
3. Table – Direct staff to research additional material associated with the Alpine Property and return with the results, which would delay the execution of the agreement and improvements to the property.
ATTACHMENTS
1. Lease Agreement
Reviewed/Approved:
LEASE AGREEMENT
This LEASE AGREEMENT (this "Agreement") is effective as of 12th of December , 2023_ ("Effective Date"), and is made by and between the City of Tulare, a California municipal corporation ("Owner"), and the Tulare City School District ("Lessee"), on the terms and conditions set forth below.
1. Lease.
1.1 Property. Owner is the fee simple owner of certain real property depicted on Exhibit I (the "Property" or the "Premises"). Owner hereby leases to Lessee the Property depicted on Exhibit 1, and Lessee hereby leases the Property from Owner, on the terms and conditions set forth in this Agreement.
1.2 Purpose. Under the Agreement, Lessee shall have the exclusive and unobstructed rights to develop, construct, install, interconnect, operate, maintain, repair, and upgrade outdoor recreational facilities and ingress, egress, and otherwise access the Property, 24 hours per day, 365 days per year, from any of the improved and unimproved roads located along or near the Premises.
1.3 Rights and Easements. Owner hereby grants to Lessee all easement rights.
Upon Lessee's request, Owner shall execute and deliver to Lessee documents and instruments, satisfactory in form and substance to Owner and Lessee, evidencing the rights and easements granted pursuant to this Agreement, and Lessee may record such documents and instruments in the official records of the county where the Property is located.
2. Term. The term of this Agreement (the "Term") shall commence on the Effective Date and continue until the ninety-nineth (99th) anniversary of the Effective Date, unless extended as provided herein.
3. Rent. In consideration of the rights granted to Lessee in this Agreement, Lessee will pay Owner commencing on the Effective Date and continuing until the end of the Term, unless this Agreement is sooner terminated. Lessee shall pay Owner an annual fee equal to one dollar ($1.00). Lessee shall pay the annual fee on the Effective Date and on the on or before the first day of each and every year during the Term until the termination or expiration of this Lease Agreement.
4. Development and Operation.
4.1 Lessee Responsibility. Within four (4) years of the date of the execution of this agreement, the Lessee shall either convert the land to turf or construct a multi-purpose facility such as sports fields, sports courts, community center, but shall not construct a facility for dedicated educational space. Any improved space may be fenced, but must also be made available to the public during non-school hours. For example, if the property is converted to grass field space, the property would be open and available for general public use and enjoyment during summer months when schools are on break or during weekends when school is in session. The parties acknowledge that access to the facility by the public is a material term of this Agreement.
Page I of 6
The Owner shall install curb and gutter around the perimeter of the property within two (2) years of the date of the execution of this Agreement. In addition, the owner shall retain a 55 foot long by 22 foot wide roadway access easement connecting to the north gate of the water tank located near the southeast comer of the subject property for "turnaround" space for vehicles to maintain the water tank.
Owner shall not, directly or indirectly, interfere with any such undertakings or activities of Lessee, or engage in any activity that might cause a disturbance of the Improvements or any activity at the Property. Lessee agrees to comply with all municipal, county, state, and federal laws.
4.2 Ownership of Improvements. Lessee shall be the sole owner of all rights, title, and interest in and to the Improvements, all other personal property installed, used, or maintained on the Property and any profits derived from events held at the Property during the effect of the Term. Following the expiration of the Term, Owner shall become the sole owner of all right, title, and interest in and to the Improvements, however, Owner shall have the right to demand Lessee to return the Property to its original condition at Lessee's sole expense.
4.3 Insurance. Prior to occupying the Property, Lessee shall obtain a general liability insurance policy insuring against bodily injury, personal injury, and property damage caused by Lessee's use of the Premises in an amount not less than two million dollars ($2,000,000) of combined single limit liability coverage per occurrence, accident or incident. Owner shall be named as additional insured on all such policies of insurance. Lessee shall cause its insurers to issue endorsements identifying Owner as an additional insured.
5. Taxes. Owner shall be responsible for, and shall timely pay before the same become delinquent, all taxes, assessments, or other governmental charges that are imposed on, or arise in connection with, the Property. Lessee shall be responsible for all other tax created by lessee's activity on the Property.
6. Utilities. Lessee agrees to pay any and all utilities supplied to the Premises. Owner shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises. No such failure or interruption shall entitle Lessee to terminate this Lease, unless such failure or interruption persists for an unreasonable period of time, without cure.
7. Maintenance. In the event Lessee fails to maintain the Premises in good order, condition and repair, Owner shall give Lessee notice to do such acts as are reasonably required to maintain the Premises. In the event Lessee fails promptly to commence such work or diligently prosecute the same to completion, Owner may but is not obligated to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Owner shall be paid by Lessee promptly after demand with interest at ten percent (I 0%) per annum from the date of such payment. Lessee shall keep all areas in a neat, clean or orderly condition and shall repair any damage to the facilities thereof.
8. Indemnity. The Owner agrees to defend and indemnify the Lessee for any liability stemming from any adverse judgment or settlement against the Lessee in connection with any activity performed or allowed by the Owner at the Property, specifically the Owner shall indemnify
the Lessee against all liability, claims, demands, losses, damages, costs, charges, and expenses, including reasonable attorney's fees, that the Lessee may in any way sustain, incur or become liable for in consequence of any activities performed or allowed by the Owner at the Property.
If the Owner fails to defend and indemnify as set forth in this Agreement, the Lessee may bring a separate suit against the Owner for failure to do so. For purposes of any such potential suit the Owner hereby waives any and all applicable statutes of limitations applicable to indemnity claims arising in connection with prosecution of a lawsuit and the party's rights and obligations for indemnity shall flow from this written agreement.
The Lessee agrees to defend and indemnify the Owner for any liability stemming from any adverse judgment or settlement against the Owner in connection with any activity performed or allowed by the Lessee at the Property, specifically the Lessee shall indemnify the Owner against all liability, claims, demands, losses, damages, costs, charges, and expenses, including reasonable attorney's fees, that the Owner may in any way sustain, incur or become liable for in consequence of any activities performed or allowed by the Lessee at the Property.
If the Lessee fails to defend and indemnify as set forth in this Agreement, the Owner may bring a separate suit against the Lessee for failure to do so. For purposes of any such potential suit the Lessee hereby waives any and all applicable statutes of limitations applicable to indemnity claims arising in connection with prosecution of a lawsuit and the party's rights and obligations for indemnity shall flow from this written agreement.
9. Termination. Notwithstanding any provision of this Agreement to the contrary, Lessee may terminate this Agreement at any time by written notice to Owner; provided, however, that any notice of termination following the Operations Date shall not be effective until ninety (90) days following Owner's receipt of such notice. In the event this Agreement is terminated by Lessee in accordance with this section, Owner authorizes Lessee to execute and record a notice of termination evidencing such termination.
10. Miscellaneous.
10 .1 Entire Agreement. This Agreement, together with its attached exhibits, which are incorporated into this Agreement by this reference, contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, all of which shall be of no force or effect. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by each of the parties hereto. The terms and conditions of this Agreement are not to be construed more liberally in favor of, or more strictly against, either party to this Agreement. The use of the neuter gender includes the masculine and feminine, and the singular number includes the plural, and vice versa, whenever the context so requires. The terms "include", "includes" and "including", as used herein, are without limitation. Captions and headings used herein are for convenience of reference only and do not define, limit, or otherwise affect the scope, meaning, or intent hereof.
10.2 Governing Law. The terms and provisions of this Agreement shall be interpreted in accordance with the laws of the state in which the Premises is located without reference to the choice of law principles of such state or any other state.
10.3 Legal Counsel and Advice. Each party to this Agreement has had the opportunity to consult with legal counsel and other advisors of its own choosing prior to executing this Agreement.
10.4 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Owner and Lessee, any Assignee, and each of their respective heirs, transferees, successors, and assigns. References to Lessee in this Agreement shall be deemed to include Assignees that hold a direct ownership interest in this Agreement.
10.5 Notices. All notices or other communications required or permitted hereunder, including payments to Owner, shall be in writing, and shall be personally delivered, delivered by reputable overnight courier, or sent by registered or certified mail, return receipt requested and postage prepaid, to the addresses set forth on the signature page of this Agreement.
Notices personally delivered shall be deemed given the day so delivered. Notices given by overnight courier shall be deemed given on the first business day following the mailing date.
Notices mailed as provided herein shall be deemed given on the third business day following the mailing date. Any party may change its address for purposes of this subsection by giving written notice of such change to the other party in the manner provided in this subsection.
10.6 Mediation. Should a dispute arise between any of the parties, the dispute will be submitted to mediation before litigation. Any party may start the process by giving written notice to the other party. The mediator will be selected and mediation conducted through the California Mediation Rules and Procedures, or with the mutual consent of the parties, by another mediation organization or mediator. The mediation will be confidential in accordance with California Evidence Code 1152.5 and the parties will equally bear the mediation costs.
10. 7 Certified Access Specialist program. The parties acknowledge that there has not been a Certified Access Specialist program (CASp) inspection completed on the Property as of the execution of this Agreement.
Ill
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10.8 Counterparts. This Agreement may be executed and recorded in two or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties execute this Agreement effective as of the Effective Date.
OWNER:
Marc Mondell, City Manager
City of Tulare
Address for Payment and Notices:
411 East Kem A venue,
Tulare, CA 93274
(559) 684-4200
LESSEE:
Joyc~es, A~ nt Superintendent
Tulare City School District
Address for Payment and Notices:
600 N. Cherry
Tulare, CA 93274
(559) 685-7221
EXHIBIT 1
PROPERTY /PREMISES
Item #:
Future Agenda ltems
COUNCIL ITEM REQUEST FORM
Gity of Tulare
Agri-Center of the World
The Council ltem Request Form is for members of the City Council to submit written requests to the City Clerk's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. ln the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING
Stephen C. Harrell
.ry{"MBER TODAY'S DATE
April 7, 2023
AGENDA DATE
December 19,2023
ITEM TITLE
To place the national motto "ln God We Trust" on the wall between the flags on the dias
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
When I prepared this agenda item in April of this year more than 150 cities in California displayed "ln God We Trust" in Council Chambers. The City of Delano displays the motto on their police vehicles.
The display of the motto is not recoginizing any particular faith or religion, it's stating the principles that this country was founded on.
Some may say that it's attempt to include religion into government a violation of Church and State. We start every meeting with an invocation asking for God's blessings and guidenance on our decisions and leadership for the good of everyone living in Tulare.
I ask council to support placing this on the agenda and discussing and having input from citizens on placing the motto in their house.