Township 19 South, Range 24 East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California, described as follows:
Commencing at the North quarter corner of said SecƟon 35; Thence South 0° 06’ 39” East, along the West line of the Northeast quarter of said SecƟon 35, a distance of 88.36 feet to the Southwest corner of the land described a Parcel 86931-1, and accepted by the City of Tulare, in City of Tulare ResoluƟon No. 13-06, recorded February 12, 2013 as Document No. 2013- 0009218, of Official Records;
Thence Easterly along the South line of that land accepted by said ResoluƟon, 42.00 feet along a nontangent curve, concave to the North, with a radius of 3039.28 feet, having a central angle of 0° 47’ 30”, and a beginning radial that bears North 0° 02’ 42” East, to the True Point of Beginning; Thence conƟnuing along the South line of that land accepted by said ResoluƟon the following four (4) courses:
1. Easterly 46.68 feet along a tangent curve, concave to the North, with a radius of 3039.28 feet, and a central angle of 0° 52’ 48”, and a beginning radial hat bears North 0° 45’ 10” West;
2. Easterly 188.38 feet along a non-tangent curve, concave to the North, with a radius 3353.34 feet, and a central angle of 3° 13’ 07”, and a beginning radial of North 3° 01’ 09” West;
3. North 83° 40’ 45” East, 277.08 feet;
4. Easterly 113.00 feet along a tangent curve, concave to the South, with a radius of 2973.00 feet, and a central angle of 2° 10’ 40”, to the East line of Parcel 1 of said Parcel Map No. 5020; Thence South 0° 03’ 19” East along said East line a distance of 3.24 feet; Thence Westerly 90.49 feet along a non-tangent curve, concave to the South, with a radius of 3000.00 feet, having a central angle of 1° 43’ 42”, and a beginning radial that bears South 4° 35’ 33” East; Thence South 83° 40’ 45” West, 337.91 feet;
Thence Westerly 196.83 feet along a tangent curve, concave to the North, with a radius of 2000.00 feet, and a central angle of 5° 38’ 20”, to the East right-of-way line of Gem Street; Thence North 0° 06’ 39” West, along the East right-of-way line of Gem Street, a distance of 4.08 feet, to the True Point of Beginning;
Containing approximately 2542 sf.
10/24/2024 EXP 3/31/2026
S0° 06' 39"E 88.36'
Δ=0°52'48" R=3,039.28' L=46.68'
Δ=3°13'07" R=3,353.34' L=188.38' N83° 40' 45"E 277.08'
S0° 03' 19"E 3.24'
Δ=1°43' 42" R=3,000.00' L=90.49'
S83° 40' 45"W 337.91'
Δ=5°38'20" R=2,000.00' L=196.83' N0° 06' 39"W
4.08'
Δ=0°47'30" R=3,039.28' L=42.00'
N0° 02' 42"E (R)
N3° 01' 09"W (R)
S4° 35' 33"E (R)
Δ=2°10' 40" R=2,973.00' L=113.00'
42'
N0° 45' 10"W (R)
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SCALE: 1"=80'
POINT OF COMMENCEMENT
NORTH 1/4 COR. SECT. 35-19/24
SOUTH LINE OF
TRUE POINT OF BEGINNING PARCEL 86931-1
POR. W1/2 NE1/4 SECT. 35-19/24 SECTION LINE
EAST RIGHT-OF-WAY LINE
EAST LINE OF PARCEL 1
PM NO.5020
80' 0' 80'
EXP 3/31/2026 10/24/2024
OFFICE OF THE CITY CLERK
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Irrevocable Offer of Dedication in fee by Parcel Map No. 5020 filed on December 31, 2010, in Book 51 of Parcel Maps at Page 26 in the Office of the Tulare County Recorder, from Robert W. Wagner, Successor Trustee of Sub Trust A of the Lanting Family Trust and Rutherford Investment Properties, LLC, a California limited liability company, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on November 5, 2024, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Irrevocable Offer of Dedication.
CITY OF TULARE
By:
Marc Mondell, City Manager
ATTEST:
Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: November 5, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Approve 2025 Health Insurance Rates
RECOMMENDED ACTION
Approve the 2025 health insurance rates to remain the same as recommended by the City Manager.
SUMMARY
The City of Tulare offers health, dental, and vision insurance as employee benefits. These benefits are part of a self-insured plan that includes fixed costs and the projection of claims based on experience wherein the City takes on the risk associated with paying future medical claims versus a fully insured plan that retains those risks. The City’s self-insured plan mitigates that financial risk through “stop loss” insurance that is included in the total fixed costs for any claims over $175,000. The benefit of a selfinsured plan is that you only pay for the services/prescriptions rendered/received. The fixed and projected costs include the following:
Fixed Cost
• Stop Loss Coverage Premium: This provides insurance against any high or unusual claims made in the calendar year.
• HNAS Admin Fee: This includes basic care management, consolidated billing, COBRA, etc. • BSC Network Access: This fee is the amount the City pays to have access to and receive contract benefit rates for Blue Shield.
• IPM Rx Admin Fee: This is the fee to administer the City’s pharmaceutical plan. • Delta Dental: This fee pays for the administration of the plan. • PCORI Fees: An excise tax that applies to health insurance policies and self-insured health plans.
Projected Claims
• Medical Claims
• Prescription Claims
• Dental Claims
Burnham is the City’s health insurance broker who currently administers this plan and performs calculations to set proposed rates based upon the estimated fixed cost and projections of claims for the next plan year. Overall, the estimated fixed costs are increasing 3.5% and claims are estimated to increase by 7.9%. However, the City is currently collecting $4,393,668.96 through City (65%) and employee (35%) contributions and total cost of the estimated plan is $4,109,838.48. Estimated revenue collected exceeds anticipated plan costs by approximately $284,000.
Although, there is not an apparent need to increase rates to cover costs this year, Burnham is mindful of softening future huge increases by making progressive rate increases to avoid a large increase in the future. In making these recommendations, Burnham reviews levels of reserves, claims experiences, and takes into consideration the last time rates were increased.
The City last increased rates in 2021. From 2021-2025, the City has experienced a drop in claims expenses and a relatively stable fixed renewal rate. The overall fluctuation of fixed and claim renewal Item #: 12.7
Consent
12.7 Consent Page 1
rates during this time offset one another and support maintaining rates as currently set. The below table reflects Burnhams’ calculated cost for this timeframe:
2019 2020 2021 2022 2023 2024
Fixed Costs $ 566,053 $ 619,488 $ 751,781 $ 675,639 $ 703,451 $ 704,010 Paid Claims $3,956,062 $3,983,889 $4,365,571 $3,766,307 $4,044,459 $3,162,089
TOTAL PLAN
COSTS $4,522,115 $4,603,377 $5,117,352 $4,441,946 $4,747,910 $3,866,099 Change 1.79% 11.16% -13.19% 6.80% -18.58%
The audited financials from fiscal year 2023 reflect a fund balance of $5,596,439 in the Employee Welfare Account. The City has also had several good years of claims experience that have helped stabilize rates.
These factors influenced Burnham’s recommendation to the Health Insurance Committee regarding setting rates for the plans and Burnham was comfortable with the revenue/expenses currently set.
After calculations are performed, Burnham meets with the City’s established Health Insurance Committee whose members are charged with reviewing and recommending rates to the City Manager. The City Manager then makes recommendation to the City Council. Based on the above, it was the unanimous recommendation by the Health Insurance Committee to recommend to the City Manager that health insurance rates remain the same for calendar year 2025.
FISCAL IMPACT & FUNDING SOURCE(S)
The City’s contribution to this plan is an estimated $2,855,884 and is allocated across the funds. The contribution was already included in this year’s budget for January through June. July through December contributions will be included in next year’s proposed budget. No additional funding is necessary.
LEGAL REVIEW
This item has been reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Approve
2. Deny
3. Table
ATTACHMENTS
1. City of Tulare Self-Funded Medical/RX Projection & Rate Calculations Reviewed/Approved:
12.7 Consent Page 2
City ot Tulcre
Self Funded Medicol/Rx Projeclion
Jonuory 1,2025
Single 2 Partv
154 48
775 54
claims exposure as neither have met 50% ofstop loss in 2024) Familv
138135
Total Members
Medical/Rx Enrollment
Dental Enrollment
*2 lasered claiman8
340
364
Annual Totals
$)5s
ssss
$ 0.68 s 0.68 s 0.58
Est-lmated Pfolectcd.llan Cost
3,162,089
_.3t69,099
S 364,7ss
Family
S 83.s1I
$s
704,O70 Fixed Costs374,09!
27,662
102,816
97,96!
35,005
59,7r!
2.763
!3!.O2
6.74 24.OL
3.40 !3.67
131.02 S
6.78 S
2s.2o S
24.01 5
3.40 S
13.67 S
759.136gg:r
Paid claims - Medical (using actual YTD)
Paid claims - Rx (Using actual YTD)Paid Claims - Dental (Using actual YTD) r,797,478
999,457
S 120.09 S 204.76 5 204.75 S
S 440.66 S 440.66S 2M.96 5 244-96S 83.s1 S 83.s1$ 759.13 $ 769.13$ 973.ris s g?a:sq 440.66
244.96
uS Fire specific (S175k Med/Rx; Paid)
Us Fire Aggregate (Paid; w/Rx)HNAS Admin (Basic Comp Care Mgmtfielemedicine incl. BH/COBRA,/Consolidated Billing) NetworkAccess (BSC Case Mgmt)
Rx Admin Fee
Dental Dental Admin
Fee (s3.22PMPY)
46.35 6.74
25.2024.0!
3.40 73.67
US Fire specific (9175k Med/Rx; Paid)
US Fire Aggregate (Paid; w/Rx)
HNAs Admin (Basic comp care Mgmt/telemedicine incl. BH/coBRA/consolidated Billing) BSC NetworkAccess (BSC case Mgmt)
IPM Rx Admin FeeDelta Dental Dehtal Admin
PCORi Fee (s3.38PMPY)
Total Fixed Costs
$sss
5s
ss
PEJeded qbngolt 7.r%
-6.3%
3,4LO,52?
qrgijir
s 2,900s
s 384,337$q
s
t i'5o.+ I uii?.ot g l,q3-tdl
72a,7Aa
406,445
76,320
106,529101,878
35,006
59,7lt
7.50/.
47.Vh
3.6%4.O%
o.o%0.o%5.O%3s%
6.7%
r0.84
5.4%73%
7,974,7247,!07,462
Paid claims - MedicalPaid Claims - Rx
Paid Claims - Dental
S 134.4ss 4.00s 25.115 24.e7S 3.40
S 13.67s 0.715 207.31
S 134.45s 4.00 S 26.11
s 24.97 $ s.ao
s 13.67s 0.71S 202.31
s s7.sss 4.005 26.LrS 24.97s 3.40
S 13.67s 0.71s 130.41
S 470.28 S 470.285 27r.44 S 27!.44s 87.99 s 87.99s 829.70 s 829.70 S 470.28
5 277.44S 87.995 a29.7o
PanAmerican specifi c 15775k MedlRx; 24/ L2l
PanAmerican Aggregate (24/ 72; w / Rx'l
HNAs Admin (Basic comp Care Mgmt/felemedicine incl. BH/coBRA/consolidated Billing) BSC NetworkAccess (BSC case Mgmt)
IPM Rx Admin FeeDelta Dental Dental AdminPCORI Fee
ss
Estimetcd Proregted Plal-co5t
-1.4%
3,4t0,523
9n9Ln
s
s
I
Factor 660.17
65%
708,504 Fixed Costs
Paid Claims - Dental
378,101
24,44O
106,529101,878
35,006
59,7Lr
2.900
o.ov.
-r!.5/.
3.6'A4.O%o.o%
o.a%5.0%o.7%6.7%
rc.4%
s.4%7.9%
7,974,724
L,7O7,462
s 47O.2A 5 47O.2a s 47O.2a5 27r.44 5 27r.44 5 277.44S 87.9s S 87.99 S 87.99s 829.70 s 829.70 I 829.70 I 953.21 S 1,02954 I 1,029.s4
Projected Paid Claims - MedicalProjected Paid Claims - Rx Family
S 124.98S 6.00s 26.11s 24-97s 3.40S 13.67s 0.71I 199.84 S 124.98s 6.005 26.rr5 24.97S 3.40
5 8.67$ 0.71s 199.84
s s3.6s
s 6.00S 26.11s 24.97S 3.40S 13.67S 0.71
S 128.s1
License #0D86695 4 12.7 Consent Page 3 10t11t2024
Ciiy of Tuicre
Self Funded MedicoURx Projeclion
Jonuory 1,2025
SinEle 2 Partv
154 48!75 54
Familv
138
135
Total Members
Medical/Rx Enrollment
Dental Enrollment
*2 lasered claimants and S275,OOO {removed claims exposure as neither have met 50% ofstop loss in 340
364
5 s)s$
s
s
ss)
$
Annual
s
$sss
S 0.68 S 0.68 S 0.68 s
PmJ€cteA Piabrt
3,r52,0r9
3,866p9!
Two Party
s
t
7O4,Oto
Rx Admin Fee
Fixed Csts
37a,O9r
27,662
102,4t6
97,96r35,006
59,717
2.763
r37.O2
6.74 25.2024.O7
3.40 13.67
tzt.oz S
6.78 s
zs.2o S
24.01 S
3.40 S
13.67 s
46.35 6.74
25.2024.0r
3.40 13.67
Projected Paid claims - Medical (Using actual YTD)Prcjected Paid Claims - Rx (Using actual YTD) Prcjected Paid Claims - Dental (Using actual YTD)
t,797,878
999,457
364.755
s 120.09 5 204.76 5 204.76 s
us Fire specific (S175k Med/Rx; Paid)
US Fire Aegregate (Paid; w/Rx)
HNAS Admin (Basic comp Care Mgmt/felemedicine incl. BH/CoBM/consolidated Billing)Bsc NetworkAccess (Bsc case Mgmt) Dental Dental Admin
Fee (S3.22PMPY)
S 440.66 S 440.66S 244.96 5 244.96
S 83.s1 5 sa.srs 769.13 s 769.13$ ezL.!s,5 btd.es,
S 440.665 244.96S 83.51
s 769.13
3 889.21
s
)s
$ss
s
s
Pr,oie,.4ed Plin Clst
Family Totals
S 87.99
t frb5,q* -6.&- gsr.zg s 1,0?!3.1 s -i0?9€ " !
s 829.70
595,110
Dental Dental Admin
Fixed Costs
Fee
3&,240
24,447
106,529
70!,a78
35,00659,711
2.900
s 384,337S 3,410,s23
-3.7"/.
-r0.20/.
3.6%4.O%
o.vho.o%5.O%
-13%
6.7%
LO.g/.
5.4%7.9%
!,9r4,724r,!o7,462
s 470.28 s 470.28
S 27t.44 S 27!.44s 87.e9 s 87.99S 829.70 S 829.70
470.2427L.44
Paid claims - MedicalPaid Claims - RxPaid Claims - Dental us Fire specific ($185k Med/Rx; Paid)US Fire Aggregate (Paid; w/Rx) HNAs Admin (Basic comp care Mgmt/felemedicine incl. BH/coBRA/Consolidated Eilling)BSC Network Access (BSC Case Mgmt)IPM Rx Admin Fee S 47.!4 S r24.t6 5 t24.!6
s 6.os s 6.09 s 6.osS 26.11 S 26.11 S 26.11s 24.97 s 24.97 s 24.97 $ 3.40 S 3.40 I 3.40S 13.57 S 13.67 S 13.67s 0.71 s 0.71 s 0.71 S 122.09 S 199.11 S 199.11
5 License #0D86695
12.7 Consent Page 4
10t11t2024
CITY OF TULARE
MEDICAL, DENTAL AND VISION BLENDED RATE COMPARISON
t/J.l2O2s
74 S1,36s.13
s129.91
S14.70
.6L
s129.91
S14.70
s1,316.86
s129.91
SL4.7o
S1,173.6s
S129.91
S14.70
EE
5s92.37
sss.25
ss.e6
EE
76 5s98.s4
Ssg.ze
Ss.96
5620.46
Ss9.26
Ss.96
EE
Ssss.qr
ss9.26
ss.96
ELTA DENTAL
VISION
DELTA DENTAL
vtstoN
DELTA DENTAL
vtStoN
LTA DENTAL
vtsroN
ACTIVE EMPLOYEE MEDICAL, DENTAL and VISION BLENDED RATES S182.83
S14.70
54,22o.17
s182.83
s14.70
704..87
s3,s07.34
s182.83
SLA.7o
S3,0s1.49
s182.83
St4.7o
.(x'
S3,349.s6
s182.83
StA.7o
+
+
s2,9e3.60
s130.49
Ss.zt
EE+
T2
s130.49
59.27 EE+1
52,392.68
s130.49
s9.27
s2,532.4
s2,s0s.40
s130.49
59.27 r1
52,r79.78
S130.49
s9.27
EE
s1,3s3.94
s6s.37
Ss.95
EE
s782.89
Sos.az
55.96 s8s4.22
EE
.50
st,L96.!7
s5s.37
Ss.96
sL,252.s2
s6s.37
Ss.96
EE
s1,089.73
s6s.37
ss.96
DELTA DENTAL
P VISION
LTA DENTAL
vtstoN
DENTAL
vtstoN
DELTA DENTAL
vtstoN
A DENTAL
vtstoN
522,936.63
52,s48.18
s3t,722.62
s3,140.78
s2L,7L6.to
Sz,o74.to
S8,293.18
s829.64
s93,892.00510,392.80
s61,892.42
56,LOs.77
5s3,24o.o7
$s,oee.ag
s16,945.93
s1,688.83
593,26t.23 $249,22s.3t
54,109,838.48
s4,3s9
s251
Ss,981
5327
StL,74s
ssTs
s283,830
s4,393,668.96
soSO
soSO
12.7 Consent Page 5
Staff Report
Meeting: City Council
Date: November 5, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Cartmill Avenue and De La Vina Street Traffic Signal Oversize Agreement
RECOMMENDED ACTION
Authorize the City Manager to execute an oversize construction reimbursement agreement with Presido JJR Kensington II 100, LLC, a Delaware Limited Liability Company, for construction costs associated with Phases 3 and 4 of the Kensington Estates subdivision 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; authorize a transfer from the Streets & Traffic Signals Development Impact Fee Fund (Fund 230) to the General Fund (Fund 001) of $233,818; authorize the establishment of $508,300 appropriation in the General Fund Oversize Liability – Principal (001-4320-8206) account for the payment of the reimbursement attributable to new growth; and authorize the use of $274,482 of General Fund fund balance for payment of the remainder of the reimbursement.
SUMMARY
As part of development of Phases 3 and 4 of the Kensington Estates subdivision located on the northwest corner of Cartmill Avenue and Mooney Boulevard, Presido JJR Kensington II 100, LLC was required to install offsite oversized street improvements. These included, but were not limited to, the following:
• Traffic signal improvements at the intersection of Cartmill Avenue and De La Vina Street.
Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code. The attached oversized construction reimbursement agreement identifies the work completed by the Developer that is reimbursable under the City’s oversize reimbursement procedures and specifies that the City will reimburse the developer for their expenditures plus accrued interest as funding becomes available through the City’s development impact fee program.
The proposed oversized construction reimbursement agreement is included with this submittal as Attachment 1. Should Council provide its authorization to do so, the final agreement will be executed by both parties.
FISCAL IMPACT & FUNDING SOURCE(S)
Sufficient fund balance exists in the Streets & Traffic Signals Development Impact Fee Fund to accommodate the transfer of $233,818 to the General Fund to cover new development’s share of the cost of oversize reimbursement. And sufficient fund balance exists in General Fund to appropriate $274,482 to cover the remainder of the reimbursement attributable to existing development.
Fund 230 (DIF - Local Street & Traffic Signals) $233,818 Fund 001 (General Fund – Fund Balance) $274,482
LEGAL REVIEW
The standard format used in preparing the oversized construction reimbursement agreement has been reviewed and approved as to form by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes – No impact.
Item #: 12.8
Consent
12.8 Consent Page 1
2. Deny – The City entered into a preliminary oversize agreement with the developer prior to start of construction for the work described. Per the provisions of the fee mitigation act, failing to reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the City limits.
3. Table – A delay in the City’s approval of the oversize agreement could delay oversize reimbursement payments to the Developer and incur additional interest charges to the City.
ATTACHMENTS
1. De La Vina Street Traffic Signal Oversize Construction Reimbursement Agreement Reviewed/Approved:
12.8 Consent Page 2
1 OVERSIZED CONSTRUCTION REIMBURSEMENT AGREEMENT
This Agreement is entered into this _______ day of _______, 2024, by and between the CITY OF TULARE, hereinafter referred to as the "CITY", and Presidio JJR Kensington II 100, LLC., a Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER".
W I T N E S S E T H
WHEREAS, said DEVELOPER has installed traffic signal improvements of a supplemental size, capacity, number, or length and/or excessive right of way as required by the CITY as a condition of a development or extension of city facilities for Kensington Estates Subdivision Phase 3 and 4; and
WHEREAS, the provisions of Chapter 8.64 of Title 8 of the City Code of Tulare requires in the event that sewer, water, storm drain or street improvements are installed by a developer or an applicant or right of way is dedicated which contain oversize, the CITY shall enter into a reimbursement agreement for oversize construction; and WHEREAS, the DEVELOPER has submitted all anticipated oversized costs to the CITY for review, approval and inclusion into the reimbursement agreement prior to the start of construction; and
WHEREAS, oversize shall be based on the actual cost of installation or the appraised value of right of way. In addition, reimbursement shall be limited to the additional material and equipment costs where a difference of pipe size is involved or for excessive right of way dedications shall be limited to the fair market value based on the zoning at the time the right of way is acquired or first specified as a condition of development approval if applicable, whichever comes first, and land values at the time of acceptance. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees attributable to the oversized portion; and WHEREAS, The CITY shall pay pursuant to Section 66486 of the Government Code an amount attributable to interest on the oversize.
NOW, THEREFORE, be it agreed, by and between the CITY and DEVELOPER as follows:
I. Oversize improvements installed and\or excessive right of way dedicated by the DEVELOPER and their principal costs less any credits given the DEVELOPER against fees due the CITY for installation of these improvements and/or excessive right of way
12.8 Consent Page 3
2 dedicated are as follows:
STREET FACILITIES
Description Quantity Unit Measure Unit Price
Oversize
Cost
De La Vina Street
Traffic Signal 1 EA $508,300.00 $508,300.00
$ $
$ $
$ $
$ $
$ $
Total Street Facilities Oversize = $508,300.00
Less Development Impact Fee Credits Issued To Date = $0.00 Principal Due To Developer = $508,300.00
II. The CITY shall pay interest on the remaining principal at a variable rate compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence from the acceptance date on the notice of completion.
III. Reimbursements are to be made by mail to the DEVELOPER at the following address:
Presidio JJR Kensington II 100, LLC
A Delaware Limited Liability Company
5607 Avenida de Los Robles
Visalia, CA 93720
Attention: Joseph Leal
IV. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.
V. This Agreement represents the entire understanding of the CITY and the DEVELOPER as to those matters contained herein. No prior oral or written
12.8 Consent Page 4
3 understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the DEVELOPER.
VI. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement, or any part thereof.
IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.
CITY OF TULARE Presidio JJR Kensington II 100, LLC
A Municipal Corporation A Delaware Limited Liability Company “CITY” “DEVELOPER”
By: By:
Marc Mondell, City Manager
Name: Joseph Leal
Title: President
ATTEST:
Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:
City Attorney
12.8 Consent Page 5
4 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
12.8 Consent Page 6
Staff Report
Meeting: City Council
Date: November 5, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion - Little Caesars Commercial Development
RECOMMENDED ACTION
Accept as complete the required public works improvements for the Little Caesars commercial development located at 920 S Mooney Boulevard, Tulare, CA 93274, 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
The conditions of approval for the Little Caesars commercial development located along the east side of Mooney Boulevard north of Bardsley Avenue (920 S. Mooney Boulevard) required the developer, Gussan Shedid, to make improvements to the project's Mooney Boulevard frontage. These improvements include street paving, median island construction, curb and gutter, sidewalk, a driveway approach, and street lighting. The developer has completed construction of these public works improvements in accordance with the approved plans and specifications. City Council acceptance of the public improvements and recordation of a Notice of Completion is required to close out the project. A portion of the public works improvements constructed are eligible for reimbursement through the City’s oversize construction reimbursement policies. City Council will be asked to consider approval of an oversize construction reimbursement agreement for this project as a separate agenda item.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
The Notice of Completion template used by the City has been reviewed and approved as to form by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes – No impact.
2. Deny - Denying acceptance of the public work improvements and the NOC would prevent the City and developer from subsequently entering into an oversize construction reimbursement agreement in accordance with Chapter 8.64 of the Municipal Code.
3. Table – Delaying acceptance of the public work improvements and the NOC would postpone Council’s consideration of an oversize construction reimbursement agreement with the Developer for oversized improvements constructed as part of his project.
ATTACHMENTS
1. Notice of Completion
Reviewed/Approved:
Item #: 12.9
Consent
12.9 Consent Page 1
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.
N O T I C E O F C O M P L E T I O N
NOTICE IS HEREBY GIVEN THAT:
1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 93274, is the owner of the real property, public works or structure hereinafter described.
2. The nature of the title of the stated owner is: In Fee.
3. On September 27, 2024, a work of improvement on real property hereinafter described was completed by Gussan Shedid, the developer of record, whose address is 23555 Rickard Road, Bend OR 97702.
5. The real property or public work or structure is described as follows:
Construction of median island improvements in Mooney Boulevard, Mooney Boulevard paving, Mooney Boulevard pavement markings, curb and gutter, drive approach, sidewalk, and streetlight installation.
6. The public works improvements were accepted as complete by the City Council of the City of Tulare on November 5, 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 ________________________ , 2024 at Tulare, California.
By: _________________________________
Michael W. Miller, City Engineer
12.9 Consent Page 2
Staff Report
Meeting: City Council
Date: November 5, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director Economic Development & Redevelopment Agenda Title: Presentation of Revised City Logo
RECOMMENDED ACTION
Receive a presentation on the revised City logo and provide direction thereto.
SUMMARY
The City of Tulare has an existing logo developed in the mid-1990’s that has become outdated and irrelevant. In light of the ever-increasing economic development activity occurring with the City, it is the appropriate timing for the City to rebrand it’s identity through the creation of a new logo and marketing tagline.
In December 2023, City of Tulare issued a Request for Proposal seeking a qualified consulting firm(s) to create a logo redesign for the City coupled with separate RFP for production of marketing materials utilizing new logo/brand.
MIG was ranked as the preferred consultant having experience as a multidisciplinary planning and design firm offering services including branding, marketing, communications strategies, graphic design, multimedia services and media relations.
City staff and the consultant worked with an advisory committee of local individuals who represent a cross-section of industry sectors (e.g., for profit, non-profit, etc.) to guide the creation of a new logo.
The committee and the consultant created and refined a series of logos over the past several months, which were presented to the City Council on August 6, 2024 and October 1, 2024. After receiving a presentation by MIG and staff; input from the public and Council discussion, the Council narrowed it down to three potential options and directed staff and the Consultant to revise the options and return to them for further consideration.
Following the October 1, 2024 City Council meeting, City Council voted to select Option 3 (attached) as the City’s new logo, with the modification to the train iconography.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve a revised logo;
2. Direct the Consultant to make further revisions;
3. Deny; or
4. Table.
ATTACHMENTS
1. Original Logo Designs presented October 1, 2024
Item #: 13.1
General Business
13.1 General Business Page 1
2. Revised Logo Design following Council direction
Reviewed/Approved:
13.1 General Business Page 2
TUL ARE
TUL ARE
TUL ARE
TULARE LOGO DESIGN: Round 5
Logo Option 1
13.1 General Business Page 3
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123 Street Name, City Name, State 12345
+00 123 456789, +00 123 456789
[email protected], www.example.com
First Lastname
Title
123 Street Name, City Name, State 12345
123 4560.789, 123 4560.789
[email protected] | www.example.com
13.1 General Business Page 4
TULARE
Opportunity Grows Here
TULARE LOGO DESIGN: Round 5
Logo Option 2a
TULARE T
13.1 General Business Page 5
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Sed quiam quaspeles aceped utem laborposanti idenis aut quissun totatur. Faccus eatur repremp eribus et remporro blanis venisquae. Mint inullatibus discium reperspedis ea ipsam, qui suntiist, solores tempelestis cus reperessi volut fugia velluptae. 123 Street Name, City Name, State 12345
+00 123 456789, +00 123 456789
[email protected], www.example.com
First Lastname
Title
123 Street Name, City Name, State 12345
123.456.7890 | [email protected]
www.example.com
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
13.1 General Business Page 6
TULARE T
TULARE LOGO DESIGN: Round 5
Logo Option 2b
TULARE
Opportunity Grows Here
13.1 General Business Page 7
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Sediciliqui ium eatem facipsae. Tus eaquam, non remporiore si nest que verumque dolupti nverenimus, cum quis est unt. Parchillest et et, voluptas dolorem qui odio.
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Sed quiam quaspeles aceped utem laborposanti idenis aut quissun totatur. Faccus eatur repremp eribus et remporro blanis venisquae. Mint inullatibus discium reperspedis ea ipsam, qui suntiist, solores tempelestis cus reperessi volut fugia velluptae.
123 Street Name, City Name, State 12345
+00 123 456789, +00 123 456789
[email protected], www.example.com
First Lastname
Title
123 Street Name, City Name, State 12345
123.456.7890 | [email protected] | www.example.com
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here
TULARE
Opportunity Grows Here TULARE
Opportunity Grows Here
13.1 General Business Page 8
TULARE LOGO DESIGN: Round 5
Logo Option 3
OPPORTUNITY GROWS HERE
OPPORTUNITY GROWS HERE
13.1 General Business Page 9
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+00 123 456789, +00 123 456789
[email protected], www.example.com
First Lastname
Title
123 Street Name, City Name, State 12345
123.456.7890 | [email protected] | www.example.com
OPPORTUNITY GROWS HERE
OPPORTUNITY GROWS HERE
OPPORTUNITY GROWS HERE
OPPORTUNITY GROWS HERE
OPPORTUNITY GROWS HERE
OPPORTUNITY GROWS HERE
13.1 General Business Page 10
TULARE LOGO DESIGN: Round 6
OPPORTUNITY GROWS HERE
13.1 General Business Page 11
Item#: 14.1
Future Agenda Items
COUNCIL ITEM REQUEST FORM
City of Tulare
Agri-Center of the World
The Council Item 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. In 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 COUNCILMEMBER
Stephen C. Harrell
ITEM TITLE
TODAY'S DATE
Oct. 11 , 2024
AGENDA DATE
November 5, 2024
Request for direction from council to have the traffic committee reconsider the need for an all way stop at Inyo and "O" St.
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
This issue has come before council before and the traffic committee has felt the requeste was not warranted. Today around noon we had a three vehicle injury collision at the intersection.
We made "M" and Merritt an all way stop and now are considering all way stops at Kern and "L" as well as "N" apparently because of the proximity to Zumwalt Park. The intersection of Inyo and "O" St. is a block from the park and will be impacted by concert traffic as well.
This intersection became an issue when Union High School asked to close Kern for the safety of high school students crossing the street as well as boarding buses. This action pushed traffic South to Inyo that now deals with students driving to school and going home creating increased traffic congestion at an off set intersection.
The severity of this latest collision was evidenced by vehicle debris being thrown against the house on the N/E corner as well as in the yard of the next house East.
I ask council to support having the traffic committee revisit this intersection and compare this intersection needs to "M" and Merritt and Kern and "L" and "N".
STc?HBN l. hA7<R.cll
City of Tulare
Agri-Center of the World
COUNCIL ITEM REQUEST FORM
The Council Item 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. In 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 COUNCILMEMBER TODAY’S DATE AGENDA DATE
ITEM TITLE
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #: 14.2
Future Agenda Items
Dennis A. Mederos 10/10/2024 11/5/2024
Review and Action regarding cost reimbursement for parades and events in which the City expends funds
The City has a policy that requires cost reimbursement for parades and events that are organized and conducted by various groups. This request is to review this policy as it relates to events and parades that occur as a result of a national holiday. An example of this is the annual MLK walk that will be held 1/20/2025. Exceptions should be narrow but are warranted under certain circumstances. I am requesting a consensus of Council to support placing this matter on a future Agenda for discussion and action