Agenda packet — Tulare City Council, February 20, 2024

City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, February 20, 2024
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

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

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

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

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Public Comments portion of the meeting.
• When invited by the mayor to speak, please step up to the podium, state your name and city of residence, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Regular Meeting Tuesday, February 20, 2024 City of Tulare Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Susan Henard, Pastor of River Valley Church, to deliver invocation.

3. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of fifteen minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

4. PRESENTATIONS

4.1 Community Choice Aggregation (CCAC) Presentation by Rob England

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

6. COUNCIL REPORTS AND ITEMS OF INTEREST

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

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.

7.2 Minutes of the Regular and/or Special Meeting on 2/6/2024.

Recommended Action: Approve as submitted. [M. Hermann]

7.3 Final Map Acceptance – Wild Oak Subdivision.

7.4 Oakcrest Subdivision Phase 2 Notice of Completion.

7.5 Notice of Completion for Project EN0094 - Sycamore and San Joaquin Improvements.

Recommended Action: Accept as complete the contract with Floyd Johnston Construction Co., Inc. of Clovis Ca, for Project EN0094 – Sycamore and San Joaquin Improvements. [M. Miller]

7.6 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for December 2023. [M. Gaboardi]

8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council.

8.1 Closure of Portion of Sonora Avenue to Vehicular Traffic.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

11.1 Conference with Real Property Negotiations (Gov. Code § 54956.8) Property: APN 164-130-005
Agency Negotiation: Mario Zamora, Marc Mondell, Michael Miller Negotiating Parties: Jesus Ramirez, Ian Brady
Under Negotiation: Price and terms of payment

12. RECONVENE FROM CLOSED SESSION

13. CLOSED SESSION REPORT

14. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, March 5, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Thursday, February 15, 2024
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: February 20, 2024 Agenda Memo
Date: February 15, 2024
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public. 7:00 p.m. - REGULAR MEETING

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Susan Henard, Pastor of River Valley Church, to deliver invocation.

4. PRESENTATIONS [Time Estimate: 7:20-7:40 p.m.]

4.1 Community Choice Aggregation (CCAC) Presentation by Rob England

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:40- 7:40 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:40-7:45 p.m.] Tulare City Council Page 2
Agenda Memo - February 20, 2024

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.2 Minutes of the Regular and/or Special Meeting on February 6, 2024.

Recommended Action: Approve as submitted. [M. Hermann]

7.3 Final Map Acceptance – Wild Oak Subdivision.

Recommended Action: Approve the final map and subdivision improvement agreement for the Wild Oaks subdivision for recordation, and accept all easements and dedications offered to the City. [M. Miller]
Summary: Planning Commission Resolution No. 5442 adopted on November 28, 2022, and Planning Commission Resolution No.5443 adopted on November 28, 2022, approved the tentative subdivision map for the Wild Oaks subdivision located on the south side of Pleasant Avenue between Alpha and La Dawna Streets alignment. The overall subdivision comprises approximately 10.44 acres. The Wild Oaks subdivision will create 83 single-family residential lots, a park, and associated landscape and lighting district lots.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The final map will be reviewed for compliance with applicable legal requirements before recordation.

Alternative Action: 1) Approve with changes - Changes would result in a delay to the project schedule; 2) Deny - Construction of the proposed single-family residential construction project would not be permitted; or 3) Table - The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

7.4 Oakcrest Subdivision Phase 2 Notice of Completion.

Recommended Action: Accept the required public works improvements for Phase 2 of the Oakcrest subdivision located on the north side of Tulare Avenue ½-mile west of West Street as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]
Summary: On July 18, 2023, City Council conditionally approved the final map for Phase 2 of the Oakcrest subdivision, which created 95 single-family residential lots as shown in the attached exhibit. The overall subdivision comprises approximately 46 acres and consists of 206 lots.

Tulare City Council Page 3
Agenda Memo - February 20, 2024
The Subdivider, D.R. Horton CA3, Inc., a Delaware Corporation, has completed construction of all required public works improvements for Phase 2 of the Oakcrest subdivision in accordance with approved plans and specifications.

Fiscal Impact & Funding Source(s): N/A
Legal Review: The City’s standard Notice of Completion format has been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Not approving the NOC would prevent residents from occupying their recently purchased homes; or 3) Table - A delay in the City accepting the improvements would prevent residents from occupying their recently purchased homes.

7.5 Notice of Completion for Project EN0094 - Sycamore and San Joaquin Improvements.

Recommended Action: Accept as complete the contract with Floyd Johnston Construction Co., Inc. of Clovis Ca, for Project EN0094 – Sycamore and San Joaquin Improvements. [M. Miller]
Summary: Capital Improvement Program Project EN0094 is a street and utility improvement project on the following street segments:
• King Avenue between O Street and Cherry Street,
• Sycamore Avenue between Cherry Street and Blackstone Street, • San Joaquin Avenue between O Street and Blackstone Street, • Madden Street between Tulare Avenue and King Street,
• Delwood Street between Sycamore Avenue and San Joaquin Avenue, and • Highland Street between Tulare Avenue and Sycamore Avenue.

The project reconstructed the street section and included ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fell within the project limits. Additionally, it addressed necessary water, sewer and storm drain improvements within those limits. The need for the project was identified through the City’s Pavement Management System and a review of the condition of the City’s utility infrastructure. This project was included as a part of the City’s 2021-2026 transportation and utility CIP budget.

On April 19, 2022, the City Council awarded a contract to Floyd Johnston Construction of Clovis Ca, in the amount of $6,652,485.50. Additional work was performed consisting of changes requested by Engineering, Streets, Water and Sewer Departments due to unforeseen and differing field conditions encountered during construction. This included replacement of additional driveways, curb and gutter, additional hot mix asphalt, and aesthetic improvements found to be in the best interest of the City. A summary of contract costs as follows:

Approved Contract Amount: $6,652,485.50
Bid Item Quantity Adjustments: $ -199,063.76
Tulare City Council Page 4
Agenda Memo - February 20, 2024
Contract Change Orders – Various: $104,333.93
Total Construction Contract Cost: $6,550,620.17
All work required of Floyd Johnston Construction under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

Fiscal Impact & Funding Source(s): This project was funded through a combination of Gas Tax, Water, Sewer and Surface Water funds.

EN0094
Fund 122 - Gas Tax (RMRA-SB1)
Fund 021 - Measure R-Local
Fund 077 - CDBG
Fund 610 - Water CIP (Bonds)
Fund 615 - Sewer Wastewater CIP
Fund 647 – Surface Water CIP
Legal Review: Not applicable.

Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to accept as complete the contract with Floyd Johnston Construction at this time, it would prevent the City from filing a notice of completion with the County Recorder’s Office and releasing payment of the retention amount owed $330,374.83 to the Contractor. The start of the 1-year maintenance bond on the project would be postponed, increasing liability to the contractor. Without specific written findings of justification for denial, this action could open the City up to litigation; or 3) Table - The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractors interest on monies withheld. Postponement of notice of completion ties up the Contractors bonding capacity preventing them from bidding on alternate projects. Causing such delay to the contractor could open the City up to litigation for damages.

7.6 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for December 2023. [M. Gaboardi]
Summary: The investment report for December 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; or 3) Table.

Tulare City Council Page 5
Agenda Memo - February 20, 2024

8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council. [Time Estimate: 7:55-8:15 p.m.]

8.1 Closure of Portion of Sonora Avenue to Vehicular Traffic.

Recommended Action: Approve a resolution authorizing the temporary closure of a portion of Sonora Avenue between Sacramento Street and Howard Street for the protection of persons attending Mulcahy Middle School and Roosevelt Elementary School. [J. McDonnell]
Summary: The Tulare City School District (District) is undertaking a series of multiyear improvement projects at both Mulcahy Middle School and Roosevelt Elementary School. Currently, children from these schools, located immediately across the street from each other, are crossing Sonora Avenue between the facilities on a daily basis for educational purposes.

In an effort to increase the protection of persons attending the two schools, the District has requested that the City consider closing Sonora Avenue to vehicular traffic during school hours when school is in session. They propose to establish a temporary closure operation similar to that of Tulare Union High School along Kern Avenue. As is the case with Tulare Union’s temporary closure activities, the District would assume responsibility for acquiring and operating the associated temporary closure signs and paraphernalia, the content and type of which would be subject to review and approval of the City Engineer.

City staff, including Public Works and Police Department personnel as well as the City Engineer, have reviewed the District’s request and agree that the temporary closure plan would result in a safer environment for school children attending Mulcahy and Roosevelt schools. In addition, staff confirmed that adjacent streets to the north (Inyo) and south (Elm) are sufficiently sized to accommodate any additional traffic stemming from the temporary closure of Sonora during school hours.

The temporary closure would affect vehicular access to two residences on Sonora; however, the City Engineer has worked with District staff to identify signs and barriers that could be utilized in a manner during temporary closures that would allow for continued vehicular access during closures. Similarly, the temporary closure would require a change to child drop-off and pick-up locations; however, the District has provided a plan to the City Engineer for the delineation of new areas for drop-off and pick-up that were found to be acceptable.

Given the daily pedestrian traffic occurring between Mulcahy and Roosevelt schools, the added pedestrian safety that would result from the temporary closure, the ability of adjacent streets to accommodate the minimal additional traffic, and the negligible cost to the City for operating and maintaining the temporary closure, staff recommends approval of the District’s proposal to temporarily close Sonora Avenue between Mulcahy and Roosevelt schools during school hours.

Fiscal Impact & Funding Source(s): No impact. The District will assume the responsibility for acquisition, operation, and maintenance of all signage and barriers Tulare City Council Page 6
Agenda Memo - February 20, 2024
associated with the temporary closure of Sonora Avenue at this location during school hours.

Legal Review: Not applicable.

Alternative Action: 1) Approve with changes - Direct staff to discuss alternatives for sign and barrier location as well as acquisition, operation, and maintenance of said material; 2) Deny - Do not move forward with allowing the temporary closure of Sonora Avenue in this location; or 3) Table - Direct staff to research additional material associated with temporary street closures and return to Council at a later date.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:15-8:15 p.m.]

10. STAFF UPDATES [Time Estimate: 8:15-8:20 p.m.]

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 8:20-8:40 p.m.]

12. RECONVENE FROM CLOSED SESSION

13. CLOSED SESSION REPORT

14. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, March 5, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, February 6, 2024
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Assistant Finance Director Melanie Gaboardi; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling; Safety, Compliance &
Facilities Officer Manny Correa
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

1. CALL TO ORDER
Mayor Sayre called the regular meeting of the City Council to order at 7:03 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Vice Mayor Isherwood led the Pledge of Allegiance, and an invocation was given by Steve Duyst, Pastor of Tulare Community Church.

A moment of silence was held in honor of retired Fire Chief Al Miller who recently passed.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Black History Month, February 2024. Councilmember Sigala read the proclamation for Black History Month.

4. PUBLIC COMMENTS
Ahead of receiving public comment, City Manager Marc Mondell provided information in regard to FPA Women’s Health opening a health clinic in a medical office on Cherry Avenue. Mr. Mondell read into the record a letter received by FPA Women’s Health in regard to services provided at the clinic which, according to the letter, does not include surgical abortions.

Item #: 7.2
Consent
City Council Meeting Minutes February 6, 2024
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The following provided public comment: Steve Celentano regarding speeding on Lynora between Hillman and Chapman as well as following up on his request for crosswalks on Cross at Coelho; Shantel Magana, Aida Maynes, Tom Evans, Terry Hacobian, Helene Oliver, Lia Silva, Gary Hunt, Diane Sellers, Philip Pierschbacher, Dayna Holmes, Aaron Talbot, Joe Iniguez, Sue Jackson, Cindee TenBroeck, and Jimmy Malloy spoke out against abortion services being provided in Tulare; Crystal Reynolds addressed the Council regarding the ongoing issue at her place of business with transients causing property damage and leaving trash, feces, and drug paraphernalia around the perimeter of her dance studio as well as customer vehicles being vandalized; and Anna Ferreira regarding the lack of attention from the Police Department on a recent personal issue as displayed by the minimal information provided in the police report and lack of communication.

5. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

7. CONSENT CALENDAR
Item 7.8 was removed from the Consent Calendar by Council.

It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for item 7.8.

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.2 Minutes of the Regula and/or Special Meeting on January 16, 2024.

Recommended Action: Approve as submitted. [M. Hermann]

7.3 Minutes of the Special Meeting on January 26, 2024.

Recommended Action: Approve as submitted. [M. Hermann]

7.4 Handbook for Council-Appointed Bodies Update.

Recommended Action: Adopt a resolution revising the Handbook for CouncilAppointed Bodies (Boards, Commissions, and Committees) to update the regular meeting dates for the Aviation Committee from recurring quarterly to monthly on the fourth Monday of each month at 6 p.m. [M. Hermann]

7.5 Amendment to the City’s Non-Utility Position Control Budget.

Recommended Action: Adopt a resolution amending the City’s Non-Utility Position Control Budget (PCB) to revise the salary range for the position of Chief Financial Officer. [S. Oneal]
City Council Meeting Minutes February 6, 2024
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7.6 Contract Approval for Project EN0102 – South K Street Improvements.

Recommended Action: Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $440,555 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0102 (formerly EN2016-12), a pavement management system project on South K Street between the Olson Avenue alignment and Paige Avenue; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($44,056) of the contract award amount; and approve the project scope and budget. [M. Miller]

7.7 Renewal of Fresno City College Instructional Service Agreement.

Recommended Action: Authorize the City Manager or designee to renew the Fresno City College Instructional Service Agreement with the City of Tulare Fire Department effective May 1, 2024 through April 30, 2029. [M. Ott]

7.9 Conditional Acceptance of Revised Tentative Parcel Map No. 2022-06 for the Fulton Estates Development.

Recommended Action: Subject to receipt of the signed parcel map, all fees, and other required items prior to April 6, 2024, conditionally approve revised tentative parcel map No. 2022-06 for the Fulton Estates development project, accept all easements offered thereon to the City, and conditionally reject, until later accepted by a separate resolution of the City Council, irrevocable offers of dedication to the City for Oakmore Street (Road 124) and Tulare Avenue (S.R, 137). [M. Miller]

7.10 Corvina Avenue and Retherford Street Improvements Preliminary Oversize Agreement.

Recommended Action: Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Summit Homebuilders, Inc., a California Corporation, for construction costs associated with The Villas at Sierra Ranch residential development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

7.11 Final Map Acceptance for KCOK 5 & 9.

Recommended Action: Approve the final map and subdivision improvement agreement for Phase 5 and Phase 9 of the KCOK subdivision for recordation, and accept all easements and dedications offered to the City. [M. Miller]

PULLED CONSENT CALENDAR ITEMS

7.8 Cycle Park Lease Extension.

Recommended Action: Approve a five-year lease agreement extension with the Temmerman Corp Inc. for the operation of the Tulare Cycle Park; and authorize the City Manager to execute all necessary documents on behalf of the City. [M.

Correa]
Council Action: Councilmember Mederos pulled this item to clarify the percentage of increase in the annual rental rate as the agreement states both three and five percent. Staff confirmed it was five percent. Mr. Mederos also City Council Meeting Minutes February 6, 2024
City of Tulare Page 4
raised concern over the liability insurance amount stating it isn’t sufficient. Staff advised they will consult with the Risk Management Agency regarding the appropriate amount and work with the lessee to incorporate the recommended amount into the contract. If the lessee is unwilling to meet the recommended amount, staff will bring an item back to Council for discussion. It was moved by Councilmember Mederos, seconded by Vice Mayor Isherwood, and unanimously carried to approve the item subject to the revisions as discussed.

8. PUBLIC HEARINGS

8.1 Substantial Amendment to Fiscal Year 2023 Action Plan.

Recommended Action: Adopt resolution as presented to reallocate $100,000 of Community Development Block Grant funds from Public Infrastructure activity to Affordable Housing activity, reprogram unutilized funds to activities under the Fiscal Year 2024 Action Plan, and modify the scope of work of a public service activity.

Presented By: Housing & Grants Specialist Gladys Avitia Public Comment: The public hearing was opened at 8:42 p.m. Receiving no public comment, the public hearing was closed at 8:42 p.m.

Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

8.2 Economic Development Subsidy Term Sheet with Cartmill Commons, LLC.

Recommended Action: Approve an Economic Development Subsidy Term Sheet setting forth the terms and conditions of the City’s rebate of Local Sales Tax to Cartmill Commons, LLC for installation of required infrastructure to serve development on 22 acres of vacant property located at the southeast corner of Highway 99 and Cartmill Avenue; authorize the City Manager to execute an agreement upon City Attorney approval, incorporating the terms and conditions set forth in the Economic Development Subsidy Term Sheet presented for Council’s approval; and authorize the City Manager, or designee, to take such other actions and execution of other documents as may be necessary to implement the agreement.

Presented By: Executive Director of Economic Development & Redevelopment Traci Myers; City Manager Marc Mondell
Public Comment: The public hearing was opened at 8:51 p.m. Receiving no public comment, the public hearing was closed at 8:51 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as presented.

8.3 Economic Development Subsidy Term Sheet with UG2 Tulare CA, LP.

Recommended Action: Approve an Economic Development Subsidy Term Sheet setting forth the terms and conditions of the City’s rebate of Local Sales Tax to UG2 Tulare CA, LP for installation of required infrastructure to serve development on 22 acres of vacant property located at the southeast corner of Highway 99 and Cartmill Avenue; authorize the City Manager to execute an agreement upon City Attorney approval, incorporating the terms and conditions set forth in the Economic Development Subsidy Term Sheet presented for City Council Meeting Minutes February 6, 2024
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Council’s approval; and authorize the City Manager, or designee, to take such other actions and execution of other documents as may be necessary to implement the agreement.

Presented By: Executive Director of Economic Development & Redevelopment Traci Myers; City Manager Marc Mondell
Public Comment: The public hearing was opened at 8:54 p.m. Receiving no public comment, the public hearing was closed at 8:54 p.m.

Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES
Staff provided updates on department activities.

11. ADJOURNMENT
The regular meeting was adjourned at 9:09 p.m.

Approved by Council: February 20, 2024

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: February 20, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Final Map Acceptance – Wild Oak Subdivision

RECOMMENDED ACTION
Approve the final map and subdivision improvement agreement for the Wild Oaks subdivision for recordation, and accept all easements and dedications offered to the City.

SUMMARY
Planning Commission Resolution No. 5442 adopted on November 28, 2022, and Planning Commission Resolution No.5443 adopted on November 28, 2022, approved the tentative subdivision map for the Wild Oaks subdivision located on the south side of Pleasant Avenue between Alpha and La Dawna Streets alignment. The overall subdivision comprises approximately 10.44 acres. The Wild Oaks subdivision will create 83 single-family residential lots, a park, and associated landscape and lighting district lots.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements before recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in a delay to the project schedule.

2. Deny – Construction of the proposed single-family residential construction project would not be permitted.

3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

ATTACHMENTS

1. A copy of the Planning Commission Resolution No. 5443

2. A copy of the Planning Commission Resolution No. 5442

3. Wild Oaks Subdivision Agreement

4. Wild Oaks Final Map
Reviewed/Approved:

Item #: 7.3
Consent

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Subdivision Improvement Agreement 1
Final Map of WILD OAKS SUBDIVISION
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,

NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
Wild Oaks Subdivision, in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )

SUBDIVISION AGREEMENT

FINAL MAP OF WILD OAKS SUBDIVISION
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and D.R.

Horton CA3, Inc., a Delaware corporation located at 419 W Murray Ave, Tulare California, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:

BEING A DIVISION OF THAT PORTION OF LOT 13 OF RUSSELL COLONY, IN THE CITY OF

TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 15 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT DISTANT 324.76 FEET EAST

OF THE NORTHWEST CORNER THEREOF AND RUNNING THENCE EAST ALONG SAID NORTH LINE 330.72 FEET TO A POINT 377.36 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 1320.26 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT WHICH IS DISTANT 375.44 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE WEST ALONG SAID SOUTH LINE 329.06 FEET TO A POINT WHICH IS 323.15 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT AND THENCE NORTH 1320.79 FEET TO THE POINT OF BEGINNING.

B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.

7.3 Consent Page 26 ATTACHMENT 3
Subdivision Improvement Agreement 2
Final Map of WILD OAKS SUBDIVISION
C. Subdivider desires and agrees to complete the improvements required by Resolution No. 5442 for Approving Tentative Subdivision Map 2022-23- Wild Oaks and Conditional Use Permit 2022-17 dated November 28, 2022, and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.

D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a part of this Agreement.

AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:

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Subdivision Improvement Agreement 3
Final Map of WILD OAKS SUBDIVISION
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as oblige, or a certificate of deposit made payable only to the City of

7.3 Consent Page 28
Subdivision Improvement Agreement 4
Final Map of WILD OAKS SUBDIVISION
Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
12) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 13) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this

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Final Map of WILD OAKS SUBDIVISION
Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.
14) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.

Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.

All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.

Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 15) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 16) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
17) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes. 18) Prevailing Wages. Subdivider shall:

a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”).
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in

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Subdivision Improvement Agreement 6
Final Map of WILD OAKS SUBDIVISION
equity, including, but not limited to, reversion to acreage. 20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

7.3 Consent Page 31
Subdivision Improvement Agreement 7
Final Map of WILD OAKS SUBDIVISION
CITY OF TULARE D.R. Horton CA, Inc
a Municipal Corporation

By: By:

Marc Mondell, City Manager
Name:

Title:

ATTEST:

Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)

7.3 Consent Page 32
Subdivision Improvement Agreement 8
Final Map of WILD OAKS SUBDIVISION
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

7.3 Consent Page 33
Subdivision Improvement Agreement 9
Final Map of WILD OAKS SUBDIVISION

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. {Doc. No. } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of [including Addendum to Subdivision Agreement for Rights of Way Acquisition]}.

DATED: ____________________, 20___

BENEFICIARY

By: ________________________________________

Print Name: ________________________________________
Title: ________________________________________

(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)

7.3 Consent Page 34
Subdivision Improvement Agreement 10
Final Map of WILD OAKS SUBDIVISION
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

7.3 Consent Page 35
EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
0 Bond Type Required Bonding
Amount
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

Performance Bond Amount*
(10% of Completed Work + 100% of Uncompleted Work) $4,126,253.48 Payment Bond Amount*
(50% of Uncompleted Work) $2,063,126.74
Maintenance Bond Amount**
(10% of Required Improvements ) $412,625.35

7.3 Consent Page 36
Item
Total Estimated
Cost of Oversize
Improvements
Street Oversize Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Roadway Excavation (x" vs y") Material Cost for Supplemental Aggregate Base Material (x" vs y") Material Cost for Supplemental Asphalt Concrete Material (x" vs y") Supplemental Right-of-way Dedication (x s.f. vs y s.f.) Traffic Signal Improvements:

Other:

Sanitary Sewer System Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Sewer Main Size
Material Cost for Supplemental Sewer MH Size (Type II vs Type I) Lift Station Improvements:

Force Mains:

Storm Drain System Improvements, including but not limited to: $0.00 Street Name: None
Regional storm drain mains (x" diameter)
Regional storm drain manholes (Qty. = )
Ponding Basin (Land Cost, Excavation, Fencing, Frontage Improvements) Lift Station Improvements:

Force Mains:

Water System Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Water Main Size
Material Cost for Supplemental Water Appurtenances
Well/Storage Tank Site (Land Cost, Frontage Improvements) Total Estimated Oversize Costs $0.00
EXHIBIT "B"
Estimated Oversize Improvement Costs
0 7.3 Consent Page 37
Account No.

Transaction No. R/C No. Description of Charge Quantity Unit Cost Total Amount 001-3247-001 1391 S-29 Public Inspection Fee 1 $115,699.21 $115,699.21 010-3265 3060 Backflow Test 5 $91.00 $455.00
010-3270-3 3073 Water Pressure Test 4 $264.00 $1,056.00 010-3270-004 3074 Water Purity Sample 8 $227.00 $1,816.00 015-3265 3420 Sewer Front Foot 680 $28.00 $19,040.00
010-3265 3060 Water Front Foot 680 $19.00 $12,920.00
001-3265 9260 Street Front Foot 680 $0.00
001-3252-002 1472 S-37 Benefit District Creation $1,458.00 $0.00 015-260-047 9260 Del Lago - Hillman St $0.00
001-260- 9260 Storm Drain Benefit District $0.00
001-260 9260 T.I.D. Benefit District $0.00
001-260-053 9260 T.I.D. Ditch Piping $0.00
001-3249- 141 Storm Drain Acreage $0.00
001-260-055 9260 Off-site Street Improvements $0.00
$0.00
001-3266-000 1611 Street Signs (Street Names per blade) $276.00 $0.00 001-3120-2 1252 Street Easement/Abandonment $1,791.00 $0.00 TOTAL $150,986.21
LESS PREVIOUSLY PAID $0.00
LESS CREDITS $0.00
AMOUNT DUE $150,986.21
Non-Bonded Improvements
Other
EXHIBIT "C"
0 Inspection, Testing and Construction:

Front Foot Fees
Benefit Districts
In-Lieu Fees

7.3 Consent Page 38
Coverage Afforded Limits of Liability
Worker’s Compensation: Statutory
Commercial General Liability Insurance Including:
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including:
a) Non-owned
b) Leased
c) Hired Vehicles
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
EXHIBIT "D"
Minimum Insurance Requirement, Converge Types, and Amounts 0 7.3 Consent Page 39

7.3 Consent Page 40 ATTACHMENT 4
Staff Report
Meeting: City Council
Date: February 20, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Oakcrest Subdivision Phase 2 Notice of Completion

RECOMMENDED ACTION
Accept the required public works improvements for Phase 2 of the Oakcrest subdivision located on the north side of Tulare Avenue ½-mile west of West Street as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office.

SUMMARY
On July 18, 2023, City Council conditionally approved the final map for Phase 2 of the Oakcrest subdivision, which created 95 single-family residential lots as shown in the attached exhibit. The overall subdivision comprises approximately 46 acres and consists of 206 lots.

The Subdivider, D.R. Horton CA3, Inc., a Delaware Corporation, has completed construction of all required public works improvements for Phase 2 of the Oakcrest subdivision in accordance with approved plans and specifications.

FISCAL IMPACT & FUNDING SOURCE(S)
N/A

LEGAL REVIEW
The City’s standard Notice of Completion format has been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Not approving the NOC would prevent residents from occupying their recently purchased homes.

3. Table – A delay in the City accepting the improvements would prevent residents from occupying their recently purchased homes.

ATTACHMENTS

1. Oakcrest subdivision final map.

Reviewed/Approved:

Item #: 7.4
Consent

7.4 Consent Page 1
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4 1 1 East Kern Avenue
Tulare, CA 9 3 2 7 4 -4257
P URSUANT TO GOVERNMENT CODE SECTION 6 10 3 ,
NO RECORDING FEE REQUIRED.

N O T I C E O F C O M P L E T I O N
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 93274, is the owner of the real property, public works or structure hereinafter described.

2. The nature of the title of the stated owner is: In Fee.

3. On the 12th day of February 2024, a work of improvement on real property hereinafter described was completed by D.R. Horton CA3, Inc., a Delaware Corporation, the Subdivider of record, whose address is 419 West Murray Avenue, Visalia, CA 93291.

4. The name of the surety for the work of improvements is Liberty Mutual Insurance Company, 175 Berkeley St, Boston, MA, 02116.

5. The real property or public work or structure is described as follows:

Public Works Improvements for Phase 2 of the Oakcrest subdivision.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on February 20, 2024.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City. I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ________________________ at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

7.4 Consent Page 2

7.4 Consent Page 3 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: February 20, 2024
Department: Engineering Services - Project Management
Submitted by: City Engineer Michael Miller
Agenda Title: Notice of Completion for Project EN0094 - Sycamore and San Joaquin Improvements

RECOMMENDED ACTION
Accept as complete the contract with Floyd Johnston Construction Co., Inc. of Clovis Ca, for CIP Project EN0094 – Sycamore and San Joaquin Improvements.

SUMMARY
Capital Improvement Program Project EN0094 is a street and utility improvement project on the following street segments:
• King Avenue between O Street and Cherry Street,
• Sycamore Avenue between Cherry Street and Blackstone Street, • San Joaquin Avenue between O Street and Blackstone Street, • Madden Street between Tulare Avenue and King Street,
• Delwood Street between Sycamore Avenue and San Joaquin Avenue, and • Highland Street between Tulare Avenue and Sycamore Avenue.

The project reconstructed the street section and included ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fell within the project limits.

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

Approved Contract Amount: $6,652,485.50
Bid Item Quantity Adjustments: $ -199,063.76
Contract Change Orders – Various: $104,333.93
Total Construction Contract Cost: $6,550,620.17
All work required of Floyd Johnston Construction under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

Item #: 7.5
Consent

7.5 Consent Page 1

FISCAL IMPACT & FUNDING SOURCE(S)
This project was funded through a combination of Gas Tax, Water, Sewer and Surface Water funds.

EN0094
Fund 122 - Gas Tax (RMRA-SB1)
Fund 021 - Measure R-Local
Fund 077 - CDBG
Fund 610 - Water CIP (Bonds)
Fund 615 - Sewer Wastewater CIP
Fund 647 – Surface Water CIP

LEGAL REVIEW
Not Applicable.

ALTERNATIVE ACTION

1. Approve with changes.

2. Deny - Should Council deny the request to accept as complete the contract with Floyd Johnston Construction at this time, it would prevent the City from filing a notice of completion with the County Recorder’s Office and releasing payment of the retention amount owed $330,374.83 to the Contractor. The start of the 1-year maintenance bond on the project would be postponed, increasing liability to the contractor. Without specific written findings of justification for denial, this action could open the City up to litigation.

3. Table - The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractors interest on monies withheld. Postponement of notice of completion ties up the Contractors bonding capacity preventing them from bidding on alternate projects. Causing such delay to the contractor could open the City up to litigation for damages.

ATTACHMENTS

1. Notice of Completion
Reviewed/Approved:

7.5 Consent Page 2
RECORDING REQUESTED BY:

City of Tulare
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, is the owner of the real property, public works, or structure hereinafter described.

2. The nature of the title of the stated owner is: In fee

3. On the 20th day of February, 2024, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.

4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is Floyd Johnston Construction Co., Inc., whose address is 2301 Herndon Avenue, Clovis, CA 93611. The surety on said contract is Fidelity and Deposit Company of Maryland.

5. The real property or public works or structure is described as follows:

Sycamore-San Joaquin Avenue Improvements Project, Project No. EN0094.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on , at Tulare, California.

By:

Michael W. Miller, City Engineer

7.5 Consent Page 3 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: February 20, 2024
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director, Interim CFO Agenda Title: Monthly Investments Report

RECOMMENDED ACTION
Accept the monthly investment report for December 2023.

SUMMARY
The investment report for December 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 did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. December 2023 Investments Report
Reviewed/Approved:

Item #: 7.6
Consent

7.6 Consent Page 1

CITY OF TULARE

SUMMARY TREASURER'S REPORT

SUMMARY OF ALL INVESTMENTS
December 31,2023

TYPE OF INVESTMENT
BOOK

VAI-IIE
MARKET
VALUE

CURRENT
YIELD

BOOK VALUE
.t oF
TOTAL
RESTRICTED INVESTMENTS - SEE PAGE 3
TOTAL INVESTMENTS 250,005,234
-
Note: The City's financial statments will report market values, not book values, at June 30 each year.

UNRESTRICTED INVESTMENTS - SEE PAGE 2 234,434,551 222,786,715 1.226% 1 5,570,683 I 5,570,683 N/A
238,357,398 N/A

93.77Vo

6.23%
100.00%
I cerlify that this report reflects all City investments and complies with the investment policy of the City of Tulare as approved by City Council.

Furthermore, I certifu that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.

Presented to the City Council on February 20,2024. Presented to the Board of Public Utility Commissioners on February 15,2024 Respectfully submitted, Melanie U. Gaboardi, Assistant Finance Director, Interim CFO Date
T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\06 - December 2023 7.6 Consent Page 2 lnvestment report.xls
ATTACHMENT 1

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF UNRESTRICTED INVESTMENTS
December 31,2023
DATES: INTERf,STRATES:

ACQUISITION STATED BOOK VALUE

ESTIMATED
EARNINGS:

ANNUAL
BOOK
VALUE
v"oF
uilUNREALIZED
GAINi(LOSS):

ISSUER OF THIS MONTH

TYPE OF INVESTMENT INVESTMENT MATURITY CURRENTYTELD PARVALUE MARKET VALUE LASTMONTH THISMONTH Petty Cash N/A
Checking Account - City Wells Fargo Bank
Local Agency lnvestment Fund (LAIF) State of Califomia
Sub-Total
Fixed Income Investments Various (See page4-7)
Investments in Safekeeping With BNY Westem Trust Company N/A
N/A
N/A
On Demand
Various
On Demand
N/A
None
N/A
None
N/A
N/A
N/A
N/A
N/A
N/A
40,344,897
40,344,89'7
36,208,699
N/A
N/A
N/A
N/A
(233,79s)
(49r,348)
N/A
N/A
N/A
1,422,640
I 18,553

0.01%
17 .2lo/o
t5.45vo

32.660/o

67.34o/"
100.00%
900
900
2,
2,
N/A
Balance per bank is $
N/A

3.929%
N/A

1.864%
N/A

0.890%
35,974,904
76,566,495
76,332,701
Per BNY WTC
1 57,868,056
t46,4s4,015
(233,795)
(49 1,348)
(l 1,414,041)
(13,038,477)
1,422,640
l 18,s53
1,308,760
109,063

TOTAL UNRESTRICTED INVESTMENTS N/A
r.226%
* LAIF market values are based on the most currently available amortized cost information - December 31, 2023 0.993543 I 3 l - ll/l: Unrestricted Investments 234,434,5s1
222.786,7t5
(lt,647,836)
(13,s29,826)
2,731,400
227,617
2 T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\06 - December 2023 lnvestment report.xls

7.6 Consent Page 3

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF RESTRICTED INVESTMENTS
December 3l'2023
STATED

INTEREST RATE
PAR
VALUE
BOOK
VALUE
MARIGT
VALUE

BALANCES
AS.OF
DATE TYPE OF INVESTMENT TSSUER OF INVESTM[,NT
Bond Funds (All are Managed by U.S. Bank Trust Except LAIF):
2018 Lease Revenue and Refunding Bonds (Account No. 244938000) First American Govt Fd U.S. Bank Trust
2015 Sewer Revenue Refunding Bonds (Account No. 261594000) First American Govt Fd U.S. Bank Trust
First American Govt Fd U.S. Bank Trust
lnvestment Repuchase GIC Bayerische Landesbank
2016 Sewer Revenue Refunding Bonds (Account No. 23 1687000) U S Bk Mmkt U.S. Bank Trust
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust
20 I 7 Water Revenue Bonds (Account No. 2 I 91 89000)
U S Bk Mmkt U.S. Bank Trust

ACQUISITION
DATE

MATURITY
DATE
Various
Various
1 l-15-15
Various
Various
Various
On Demand
On Demand
I 1-15-25
On Demand
On Demand
On Demand
On Demand
On Demand
Various
ReseNc Fund
Various
Various
Reserve Fund

1.9600/o
Rcscfle Fund
Various
Various
208, I 89
49,484
5,032,685
5,290,3s8
l 8,453
-r8-/-r
208, I 89
49,484
5,032,685
5,290,358
18,453 ----rs-35-
16 12-31-23
t2-31-23
t2-3t-23
l2-3t-23
12-31-23
12-31-23
N/A 3,449,957 3,449,957
3,449,957 3,449,957
N/A
N/A
N/A
N/A
N/A
l6
l6 16
2020 Water Revenue Bonds (Accounl No. 250953000)
U S Bk Mmkt U.S. Bank Trust Various
2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No. 245346000) U S Bk Mmkt U.S. Bank Trust Various
TOTAL RESTRICTED INVf,,STMENTS Book Value ol of Total Inveslmenls :

Various 4 t2-31-23
4 4
Various N/A 6,811,888 6,8il,888 t2-31-23
6,81 I,888 6,8 1 1,888
Various N/A 7 t2-31-23

6.23% 15,570,683 15,570,683
N/A 4
7 7
7 3 T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\06 - December 2023 lnvestment report.xls

7.6 Consent Page 4

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS
December 3l'2023
DATES: INTEREST RATES:

UNREALIZED
GAIN/(LOSS):

THIS MONTH

ESTIMATED
EARNINGS:

ACQUISITION STATED

MATIIRITY CURRENT YIELD PAR VALUE MARKETVALUE LAST MONTH THIS MONTH

BOOK VALUE ANNUAL TYPE OF FIXED INCOME INVESTMENT

CUSIP NUMBER
I I.S. GOVERNMENT AGENCY OBLIGATIONS
Federal Farm Credit Bks Funding Corp
31338LJ4',7
Federal National Morlgage Assn
3136C4T52
Federal National Mortgage Assn
3 r 36G4U50
Federal Home Loan Mtg Corp
3I34GVVX3
Federal Home Loan Mtg Corp
3 t 34GVB56
Federal Home Loan Banks
3 I 3OAJREI
Federal Home Loan Mtg Corp
3 I 34GVT65
Federal National Mortgage Assn
3 r 36G4YU I
Federal National Mortgage Assn
3136G42E2
Federal Home Loan Mtg Corp
3r34GWUE4
Federal Home Loan Mtg Corp
3l34GWUV6
Federal Home Loan Mtg Corp
3l34GWX43
06-t7 -20
06-t7-24 c
08-25-20
02-25-25 c
08-27-20
05-2',7-25 c
06-03-20
05-28-25 c
06- I 0-20
06-10-25 c
06-24-20
06-24-25 c
06-30-20
06-30-25 c
07 -15-20
07-15-25 c
08-26-20
08-26-25 c
09-30-20
09-30-25 c

0.580%

0.590%

0.520%
0,5400/"

0.6000/o

0.6300/o

0.7 50o/o

0.790o/o

0.'100%

0.740%

0.750%

0.'190%

0.800%

0.8400/o

0.730%

0.770%

0.500%

0.530o/o

0.500%

0.540%
2,000,000
2,000,000

2.000,000
2,000,000
2,000,000
868,056
2,000,000
2,000,000
2,000,000
2,500,000
2,500,000
3,000,000
3,000,000
Per BNY WTC
2,000,000
r,958,740
2,000,000
I,91 5,400
2,000,000
1,898,360
2,000,000
1,902,220
2,000,000
1,897,820
868,056
823,160
2,000,000
t,896,300
2,000,000
r,89 r ,840
2,000,000
t,87 5,940
2,500,000
2,335,000
(41,260)
(49,940)
(84,600)
(l I 1,860)
( r 0 r,640)
(t26,760)
(97,780)
(12'7,740)
( l 02,1 80)
( r 32,080)
(44,8e6)
(s5,217)
(r 03,700)
(t26,520)
(r08,r60)
(r3r,460)
( l 24,060)
( l 43,360)
( r 65,000)
(r 89,050)
I 1,600
967
10,400
867
t 2,000
1,000
15,000
I,250
r 4,000
1,16'.1
6,5 10
543
r 6,000
1,333
14,600
|,217
10,000
833
I 2,500
1,042
09-30-20
09-30-25 c
l0-02-20
10-02-25 c
I 0- I 5-20
10-15-25 c

0.520o/o

0.5600/"

0.550Yo

0.590%

0.550%

0.590%
2,500,000
2,335,825
3,000,000
2,800,950
3,000,000
2,796,990
(164,175)
(r88,r75)
( r 99,050)
(224,760)
(203,010)
(22'7,670)
r 3,000
I,083
r 6,500
1,3'15
16,500
1,375
- CONTINUED ON PAGE 5 -
4 f:lFinance\lnvestment Reports\2023-2024 lnvestment Reports\06 - December 2023 lnvestment report.xls Federal Home Loan Mtg Corp
3t34GWXX9

7.6 Consent Page 5

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
December 31,2023
DATES: INTEREST RATES:

T,INREALIZED
GArN/(LOSS):

ESTIMATED
EARNINGS:

TYPE OF FIXED INCOME INVESTMI,NT ACQTJISITION STATED BOOK VALTJE THIS MONTH

MATURITY CURRENT YIELD PARVALUE MARKETVALUE LASTMONTH
ANNUAL

CI'SIP NI'MBER THIS MONTH
U.S. GOVERNMENT AGBNCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3 r 34GWY34
Federal National Mortgage Assn
3 I 35G06A6
Federal Farm Credit Bks Funding Corp
3I33EMDZ2
Federal Farm Credit Bks Funding Corp
3I33EMEC2
Federal Home Loan Mtg Corp
3l34GW3X2
Federal Home Loan Mtg Corp
3t34GW3Z7
Federal Home Loan Mtg Corp
3t34GWZL3
Federal Home Loan Mtg Corp
3 r34GW6S0
Federal Home Loan Mtg Corp
3I34GXAPg
Federal Home Loan Mtg Corp
3 I34GXCS I
Federal Home Loan Mtg Corp
3I36GXFA7
Federal Home Loan Mtg Corp
3I34GXDM3
I 0- I 5-20
l0-t5-25 c
t0-20-20
10-20-25 c
t0-21-20
l0-2t-25 c
l0-22-20
10-22-25 c
t0-27-20
10-27-25 c
I 0-28-20
10-28-25 c
l0-29-20
10-29-25 c
I 1-10-20
I l-10-25 c
n-12-20
1l-12-25 c
|-25-20
fi-25-25 c
I t-30-20
n-26-25 c
l2-01-20
12-01-25 c
t2-17-20
12-17-25 C
. CONTINUED ON
Per BNY WTC
3,000,000
2,'795,970
3,000,000
2,797,080
2,500,000
2,328,1 00
2,500,000
2,320,450
3,000,000
2,197,240
2,000,000
1,863,740
3,000,000
2,793,7 50
3,000,000
2,791,890
2,000,000
t,860,500
3,000,000
2,788, I 70
2,000,000
r,859,500
I,500,000
t,392,720
2,500,000
2,313,500
(204,030)
(228,720)
(202,920)
(235,590)
( r 7 r,900)
(t97,07s)
( r 79,550)
(204,225)
(202,800)
(244,230)
(136,260)
(164,260)
(206,2s0)
(230"040)
(208,r l0)
(230,6 r 0)
( r 3e,500)
(154,420)
(2 l r,830)
(233, r 30)
( r 40,500)
(154,640)
( l 07,280)
(121,695)
( r 86,500)
(205,425)
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
2,000,000
3,000,000
3,000,000
2,000,000
3,000,000
2,000,000
t,500,000
2,500,000

0.530%

0.570s/o

0.580%

0.620Yo

0.520%

0.560%

0.530%

0.570%

0.625%

0.670%

0.600%

0.640%

0.57lYo

0.610%

0.610"/o

0.660"/o

0.600%

0.640Yo

0.625Yo

0.670%

0.6504

0.700%

0.620%

0.670%
0540Vo

0.580%
PAGE 6 -
15,900
1,325
17,400
I,450
t 3,000
1,083
13,250
l, 104
18,750
r,563
12,000
1,000
17,100
1,425
18,300
1,525
t 2,000
t,000
18,750
1,563
r 3,000
r,083
9,300
775
r 3,500
1,125
Federal Farm Credit Bks Funding Corp
3I33EMKT8
5 T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\06 - December 2023 lnvestment report.xls

7.6 Consent Page 6
TYPE OF FIXED INCOME INVESTMf,NT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
December 31,2023
DATES: INTEREST RATES:

ACQUISITION STATED

MATURITY CURRENT YIELD
I]NREALIZED ESTIMATED
G EARNINGS:

BOOKVALUE THISMONTH ANNUAL

PARVALUE MARKETVALUE LASTMONTH THIS MONTH CUSIP NUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3I34GXFV I
Federal Home Loan Mtg Corp
3 I 34GXHDg
Federal Home Loan Mtg Corp
3I34GXJX3
Federal Home Loan Mtg Corp
3I34GXJZ8
Federal Home Loan Banks
3 r30AKQ74
Federal Home Loan Mtg Corp
3134GXKJ2
Federal Home Loan Banks
3 I 3OAKPC4
Federal National Mortgage Asso
3 I 35G06R9
Federal Home Loan Banks
3 I 30AL3S I
Federal Home Loan Banks
3I3OAKYU4
Federal Home Loan Banks
3l30ALCW2
Federal Home Loan Banks
31304K225
t2-17-20
12-17-25 c
l2-23-20
t2-23-25 C
0 r -05-2 I
0l-05-26 c
0t-07 -2t
0t-07-26 c
01-22-21
01-22-26 c
0t-22-21
0l-22-26 c
0t-28-21
01-28-26 c
0 I -28-2 I
0t-28-26 c
02-t7-21
02-17-26 c
02-24-21
02-24-26 c
02-25-21
02-25-26 C
02-26-21
02-26-26 C
03- I 0-2 I
03-t0-26 c

0.625Yo

0.67004

0.700Vo

0.750o/o

0.550%

0.590%

0.520%

0.560Yo

0.625%

0.670Vo

0.5500

0.590Vr

0.600%

0.650Y"

0.550%

0.590o/o

0.625Vo

0.680%

0.600%

0.650Yo

0.625Yo

0.680%

0.650%

0.700%

0.800%

0.860%
2,000,000
3,000,000
2,500,000
2,000,000
2,500,000
2,500,000
2,000,000
2,000,000
3,000,000
3,000,000
3,000,000
3,000,000
3,000,000
Per BNY W fC
2,000,000
1,853,960
3,000,000
2,783,340
2,500,000
2,319,575
2,000,000
r ,854,1 40
2,500,000
2,319,150
2,500,000
2,315,500
2,000,000
1,853,220
2,000,000
1,851 ,260
3,000,000
2,774,640
3,000,000
2,771 ,130
3,000,000
2,772,390
3,000,000
2,7',l3,620
3,000,000
2,778,210
( r 46,040)
( r 63,500)
(2 r 6,660)
(240,750)
( r 80,425)
(208,575)
( l 45,860)
( r 68,360)
( l 80,8s0)
(208,750)
( r 84,500)
(2t2,500)
( l 46,780)
(r69,r20)
( r 48,740)
(r7r,r40)
(225,360)
(256,530)
(228,870)
(259,920)
(227,610)
(258,600)
(226,380)
(266,790)
(221,790)
(25r,190)
I 2,500
1,042
2 I,000
l,750
I 3,750
1,146
r 0,400
867
t5,625
1,302
I 3,750
t,146
r 2,000
1,000
I I,000
917
18,750
I,563
18,000
1,500
18,750
1,563
19,500
I,625
24,000
2,000
. CONTINUED ON PAGE 7 -
6 t:lfinance\lnvestment Reports\2023-2024 lnvestment neports\OO - December 2023 lnvestment report.xls Federal Home Loan Banks
3 I 3OALFSS

7.6 Consent Page 7
TYPE OF FIXtrD INCOME INVESTMDNT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
December 31,2023
DATES: INTEREST RATES:

ACQUISITION STATED BOOK VALUE
UNREALIZf,,D
GArN/(LOSS):

THIS MONTH

ESTIMATED
EARNINGS:

ANNUAL

CTJSIP NUMBER MATIIRITY CURRENT YIELD PARVALUE MARKETVALUE LASTMONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINT]ED
Federal Home Loan Banks
3 r30ALKQ6
Federal Home [.oan Banks
3I3OAI,XVI
Federal Home Loan Banks
3l3oAMWU2
Federal Home Loan Banks
3 t3OAN2L3
Federal Home Loan Banks
3 t3OAN4R8
Federal Home Loan Banks
3I3OANFT2
Fedelal Home Loan Banks
313OANLZI
Federal Home Loan Banks
3l30ANM56
Federal Home Loan Banks
3I3OANUX6
Federal Home Loan Banks
3I3OANXS4
Fedelal Home Loan Banks
313OANXU9
Federal Home Loan Banks
3 I 3OANYR5
03-30-2 I
03-30-26 c
04-22-21
04-22-26 c
06-30-2 I
06-30-26 c
07-13-21
07-13-26 c
07-29-21
07-29-26 c
08-24-21
08-24-26 c
08-26-21
08-26-26 c
08-27-21
08-27-26 c
09-28-21
09-28-26 c
09-28-21
09-28-26 c
09-30-2 I
09-30-26 c
09-30-2 I
09-30-26 c
l0-21-21
lo-21-26 c
(177,125)
(20 r ,075)
(t7 5,77 5)
(200,800)
(234,660)
(271,110)
(236,550)
(266,850)
(232,830)
(262,740)
(243,960)
(27 4,470)
(2 l 3,000)
(238,550)
(203,900)
(229,27 5)
(248,880)
(278,640)
(264,210)
(294,240)
(2s7,0 r 0)
(287,040)
(2t7,375)
(242,41s)
(203,47s)
(231,675)

1.030%
LI l0o/o

1.t00%

1.180%

1.000%
r.080%

1.020%
1,n0%
Ll25o/o

1.220%
l,050vo
Ll40o/o

0.900%

0.980o/o
L05jYo
l.l40vo
l.l00o/o

1.2000/o

0.9O0Vo

0.9900/0
t.000%
L09jYo

0.950Yo
L040o/o

1.000%
t.090vo
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
3,000,000
2,500,000
2,500,000
3,000,000
3,000,000
3,000,000
2,500,000
2,s00,000
Per BNY WTC:
2,500,000
2,322,875
2,500,000
2,324,225
3,000,000
2,765,340
3,000,000
2,763,450
3,000,000
2,767,170
3,000,000
2,756,040
2,500,000
2,287,000
2,500,000
2,296,100
3,000,000
2,7 51,120
3,000,000
2,n5,js0
3,000,000
2,742,990
2,500,000
2,282,625
2,500,000
2,296,525
25,',l50
2,146
27,500
)'rq)
30,000
2,500
30,600
2,550
33,750
2,813
3 I,500
2,625
22,500
1,875
26,250
2,t88
33,000
2,750
27,000
2,250
30,000
2,500
23,7 50
1,979
25,000
2,083
- CONTINUED ON PAGE 8 -
Federal Home Loan Banks
3I3OAPCD5
7 f,lfinance\lnvestment Reports\2023-2024 lnvestment Reports\06 - December 2023 lnvestment report,xls

7.6 Consent Page 8

TYPE OF FIXID INCOME INVESTMENT

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
December 3l'2023
DATES: INTERESTRATESI
STATED BOOK VALT]E

UNREALIZED
GAIN/(LOSS):

THIS MONTH

ESTIMATED
EARNINGS:

ANNUAL

CTJSIP NTIMBER

ACQUISITION

MATURITY CURRENTYIELD PAR VALUE MARKET VALUE LASTMONTH THIS MONTH I-I.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Bks
3 I 30APJ55
Federal Home Loan Bks
3 I 3OAPJ82
Federal Home Loan Bks
3 r30APDQ5
Federal Horne Loan Bks
3 r 3OAPFQ3
Federal Home Loan Bks
3I3OAPFRI
Federal Home Loan Bks
3 1 3OAPFU4
Federal Home Loan Bks
3 I 3OAPLPS
Federal Home Loan Bks
3I3OAPNK7
Federal Home Loan Bks
3 1 3OAPPL3
Federal Home Loan Bks
3I3OAPXT7
Federal Home Loan Bks
3 l 30ARA68

TOTAL FIXED INCOME INVESTMENTS
**All are in safekeeping with BNY Western Trust Company l0-26-21
t0-26-26 C
10-26-2t
10-26-26 c
l0-28-21
10-28-26 c
l0-28-21
10-28-26 c
t0-28-21
10-28-26 c
t0-28-21
10-28-26 c
n-16-21
l-16-26 c
I l-18-21
I l-18-26 c

1.250o/o

1.360'A

1.125%

1.230o/o

1.250%
t.360%
r.r00%
L200o/o
l.l20Yo

1.220yo

1.050%
l'l500/0
t.37sYo

1.490o/o
l.375Vo

1.490Yo

3.000,000
3,000,000
3,000,000
2,000,000
2,000,000
2,000,000
2,500,000
3,000,000
3,000,000
2,000,000
2,000,000
N/A
Per BNY WTC
3,000,000
2,7 56,790
3,000,000
2,746,980
3,000,000
2;756,340
2,000,000
1,829,680
2,000,000
1,830,740
2,000,000
t,827,060
2,500,000
2,300,775
3,000,000
2,760,510
(243,210)
(273,030)
(2s3,020)
(279,900)
(243,660)
(270,330)
(170,320)
( l 88,220)
(169,260)
(194,920)
(172,940)
(200,960)
(199,225)
(232,000)
(23e,4e0)
(265,380)
(234,540)
(260,280)
( r 50,e20)
(167,520)
( r r r,900)
140.620)
37,500
3,125
33,750
2,813
37,500
3,125
22,000
1,833
22,400
1,867
2l ,000
1,'7 50
34,37 5
2,86s
41,250
3,438
n-23-21
ll-23-26 c
t2-17 -21
12-17-26 C
03-29-22
03-29-27 c

1.450%
L570o/o

1.6000/o
|.730o/o

2.350%

2.490V"
N/A

0.890Yo
3,000,000
2,765,460
2,000,000
I,849,080
43,500
3,625
32,000
2,667
47,000
3,917
2,000,000
1,888, r 00
I 57,868,056
146,454,015
(11,414,041)
(13,038,471)
1,308,760
r 09,063
- tlA : Unrestricted Investments
8 T:\Finance\lnvestment Reports\2023-2024 lnvestment Reports\06 - December 2023 lnvestment report.xls

7.6 Consent Page 9
Staff Report
Meeting: City Council
Date: February 20, 2024
Department: City Manager
Submitted by: Josh McDonnell, Assistant City Manager
Agenda Title: Closure of Portion of Sonora Avenue to Vehicular Traffic

RECOMMENDED ACTION
Approve a resolution authorizing the temporary closure of a portion of Sonora Avenue between Sacramento Street and Howard Street for the protection of persons attending Mulcahy Middle School and Roosevelt Elementary School.

SUMMARY
The Tulare City School District (District) is undertaking a series of multi-year improvement projects at both Mulcahy Middle School and Roosevelt Elementary School. Currently, children from these schools, located immediately across the street from each other, are crossing Sonora Avenue between the facilities on a daily basis for educational purposes.

Item #: 8.1
General Business

8.1 General Business Page 1

FISCAL IMPACT & FUNDING SOURCE(S)
No impact. The District will assume the responsibility for acquisition, operation, and maintenance of all signage and barriers associated with the temporary closure of Sonora Avenue at this location during school hours.

LEGAL REVIEW
Not applicable.

ALTERNATIVE ACTION

1. Approve with changes – Direct staff to discuss alternatives for sign and barrier location as well as acquisition, operation, and maintenance of said material.

2. Deny – Do not move forward with allowing the temporary closure of Sonora Avenue in this location.

3. Table – Direct staff to research additional material associated with temporary street closures and return to Council at a later date.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

8.1 General Business Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE CLOSING TO VEHICULAR TRAFFIC OF A PORTION OF

SONORA AVENUE BETWEEN SACRAMENTO STREET AND HOWARD STREET

FOR THE PROTECTION OF PERSONS ATTENDING MULCAHY MIDDLE SCHOOL

AND ROOSEVELT ELEMENTARY SCHOOL
WHEREAS, the Council of the City of Tulare at a regular meeting of February 20, 2024, considered the request of the Tulare City School District for the closure of a portion of West Sonora Avenue between Sacramento Street and Howard Street across the frontages of Mulcahy Middle School and Roosevelt Elementary School; and WHEREAS, Vehicular Code Section 21102 authorizes the City Council to adopt a Resolution closing to vehicular traffic a portion of a street crossing or dividing any school grounds when the City Council is of the opinion that such closing is necessary for the protection of persons attending such school; and WHEREAS, the subject portion of West Sonora Avenue does in fact divide the Mulcahy Middle School and Roosevelt Elementary School campuses and students travel between those grounds throughout the school day.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. That a portion of West Sonora Avenue between Sacramento Street and Howard Street divides the campus grounds between Mulcahy Middle School and Roosevelt Elementary School.

Section 2. It is the finding and opinion of the City Council that the closure of said portion of West Sonora Avenue between Mulcahy Middle School and Roosevelt Elementary School is necessary for the protection of persons attending said schools in Tulare City School District.

Section 3. That therefore, said portion of West Sonora Avenue between Sacramento Street between Mulcahy Middle School and Roosevelt Elementary School is herewith directed to be closed to vehicular traffic between the hours of 7:00 a.m. and 4:00 p.m. on all days that Tulare City School District is in session, as well as other occasions as Tulare City School District administration staff determines and advises the City that significant numbers of persons will be attending functions on the campus and will be crossing the subject portion of West Sonora Avenue.

Section 4. That whenever the Tulare City School District administration determines that there are such additional times and dates when it is necessary to close the portion of West Sonora Avenue between Mulcahy Middle School and Roosevelt Elementary School, other than between 7:00 a.m. and 4:00 p.m. on school days, it shall advise the Tulare Police Department at least one week in advance of such event.

8.1 General Business Page 3 ATTACHMENT 1
Resolution 2024-XX

Page 2 ends

Section 5. That said street closure shall be effective February 20, 2024, or at the earliest time thereafter when appropriate signs have been posted on streets adjacent to the area to be closed advising motorists of said street closure.

Section 6. That the Tulare City School District is herewith authorized and directed to place appropriate barricades and other methods of closing said portion of West Sonora Avenue, subject to prior approval of the City of Tulare to effectuate said street closure.

Section 7. That this street closure shall remain in full force and effect until and unless the City Council acts by Resolution to repeal or otherwise modify the terms and conditions of such street closure.

PASSED, APPROVED, AND ADOPTED on this 20th day of February 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

8.1 General Business Page 4

Tulare City CouncilFebruary 20, 2024

Tulare City Council
February 20, 2024