Agenda packet — Tulare City Council, April 5, 2022

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, April 5, 2022
6:15 p.m. – Closed Session
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

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

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

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

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

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

Agri-Center of the World
Mayor
Dennis A. Mederos, District 4
Vice Mayor
Terry A. Sayre, District 2
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Patrick Isherwood, District 5
City Council Agenda April 5, 2022
City of Tulare Page 2
I. CALL TO ORDER CLOSED SESSION – 6:15 p.m.

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

III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

1. 54957(b)(1) Public Employee Performance Evaluation – City Manager IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT (if any)
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER REGULAR MEETING – 7:00 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION: Louis Sparks, The River Church IX. CITIZEN COMMENTS - This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.

X. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council.

XI. 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.

1. Authorization to read ordinances by title only.

2. Approve minutes of the March 15, 2022, regular meeting and March 22, 2022, special closed session. [Submitted by: M. Hermann]

3. Receive the monthly investments report for February 2022. [Submitted by: D.

Thompson]
City Council Agenda April 5, 2022
City of Tulare Page 3

4. Adopt Resolution 2022-12 setting the maximum Utility User’s Tax at $13,620.00 per utility for the period July 1, 2022 through June 30, 2023. [Submitted by: D. Thompson]

5. Conditionally approve the final map and subdivision improvement agreement for Phase 4 of Kensington Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to June 4, 2022. [Submitted by: M. Miller]

7. Adopt Resolution 2022-13 designating the intersections of Stockham Avenue at Spruce Street and Alpine Avenue at Spruce Street as all-way stop intersections, and authorizing the installation of corresponding stop control. [Submitted by: M. Miller]

1. Proclamation in honor of National Library Week, April 3-9, 2022.

XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) XIV. GENERAL BUSINESS - Comments related to General Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Public Hearing
(a) Consideration and possible approval of Ordinance 2022-01 for the approval of a Development Agreement with Valley Pure. [Submitted by: M. Zamora] (b) Consideration and possible approval of Ordinance 2022-02 for the approval of a Development Agreement with J Street Solutions (Herb ‘N Vibes). [Submitted by: M.

Zamora]
(c) Consideration and possible approval of Ordinance 2022-03 for the approval of a Development Agreement with Token Farms. [Submitted by: M. Zamora]

2. Community and Economic Development
(a) Review and approve the policies, procedures, and application process for the City’s Downtown Building Rehabilitation Grant Program [Submitted by: T. Myers] City Council Agenda April 5, 2022
City of Tulare Page 4

3. Police
(a) Review and direct staff on the City’s Municipal Code regulations regarding feral cats. [Submitted by: F. Ynclan]

4. City Manager
(a) Discuss allocation of the final $942,268 in American Rescue Plan Act Funds and direct staff on same. [Submitted by: M. Mondell]
XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) XVI. ADJOURN REGULAR MEETING
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.

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

City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Thursday, March 31, 2022, at City Hall, 411 E. Kern Avenue, as well as on the City’s website.

POSTED BY: Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: April 5, 2022 Agenda Memo
Date: March 31, 2022
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

I. CALL TO ORDER CLOSED SESSION – 6:15 p.m.

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

III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION: Louis Sparks, The River Church IX. CITIZEN COMMENTS - This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Tulare City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. The Council cannot legally discuss or take official action on citizen request items that are introduced tonight. This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment. In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise Tulare City Council Page 2
Agenda Memo – April 5, 2022
extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.

X. COMMUNICATIONS - [Time Estimate: 7:15-7:20 p.m.] Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the Agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Citizen comments will be limited to three minutes, per topic, unless otherwise extended by Council.

XI. CONSENT CALENDAR - [Time Estimate: 7:20-7:30 p.m.] All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only.

2. Approve minutes of the March 15, 2022, regular meeting and March 22, 2022, special closed session. [Submitted by: M. Hermann] The minutes of the March 15, 2022, regular meeting and March 22, 2022, special closed session are submitted for Council approval. Staff recommends Council approve as presented.

3. Receive the monthly investments report for February 2022. [Submitted by: D.

Thompson] The investments report for the period ending February 2022, is submitted for review and acceptance. Staff recommends Council receive, review, and file the monthly investments report for February 2022, as presented.

4. Adopt Resolution 2022-12 setting the maximum Utility User’s Tax at $13,620.00 per utility for the period July 1, 2022 through June 30, 2023. [Submitted by: D.

Thompson] On November 2, 2009, the electorate of the City of Tulare passed Measure N, adopting Ordinance 09-04, amending sections of the Utility User’s Tax Ordinance to reduce the tax rate from 7 to 6 percent and remove the maximum tax cap and to provide authority to the City Council for an annual review of the same. The Ordinance passage provides that the City Council may set, by resolution, a maximum utility user’s tax and reduce the tax rate downward from 6 percent, if necessary, in order to remain venue neutral.

Upon review of the data from this time period and based on the Los Angeles-RiversideOrange County CPI over the last 12 months (6.6%), staff recommends that Council set the maximum Utility User’s Tax at $13,620.00 for the period of July 1, 2022 through June 30, 2023. Staff recommends Council adopt Resolution 2022-12 setting the maximum Utility User’s Tax at $13,620.00 per utility for the period July 1, 2022 through June 30, 2023.

M. Miller] Planning Commission Resolution No. 5379 adopted on October 26, 2020 Tulare City Council Page 3
Agenda Memo – April 5, 2022
approved the tentative map for Kensington Estates subdivision located on the northwest corner of Cartmill Avenue and Mooney Boulevard. The overall subdivision comprises approximately 24 acres consisting of 111 lots, and is being developed in phases.

Phase 4 of Kensington Estates subdivision consists of 63 single-family residential lots.

The subdivider is actively working to complete the final map. To expedite the final map approval process, the subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60-days. Such requests have routinely been accommodated.

A copy of the Planning Commission Resolution No. 5379 and final map are attached for reference. Staff recommends Council conditionally approve the final map and subdivision improvement agreement for Phase 4 of Kensington Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to June 4, 2022.

6. Conditionally approve the final map and subdivision agreement for the Oak Creek No. 3 subdivision for recordation, and accept all easements and dedications offered to the City on the final map, subject to receipt of all fees and other required items prior to June 4, 2022. [Submitted by: M. Miller] Planning Commission Resolution No. 5286 adopted on July 9, 2018 approved the tentative map for the Oak Creek No. 3 subdivision located east of Mooney Boulevard and south of Seminole Avenue on the east side of Aberdeen Street. The overall subdivision comprises approximately 4 acres and consists of 15 multi-family lots and a combination of 2 or 4 units on each parcel. The map requires street dedication and public utility easements.

The subdivider is actively working to complete the acquiring of bonds and the final map has been submitted. To expedite the final map approval process, the subdivider is requesting Council’s conditional approval and acceptance subject to receipt of all fees and other required items within 60-days. Such requests have routinely been accommodated.

A copy of Planning Commission Resolution No. 5286, the final map, and final subdivision agreement are attached for reference. Staff recommends Council conditionally approve the final map and subdivision agreement for the Oak Creek No. 3 subdivision for recordation, and accept all easements and dedications offered to the City on the final map, subject to receipt of all fees and other required items prior to June 4, 2022.

Miller] The intersections of Stockham Avenue at Spruce Street and Alpine Avenue at Spruce Street are currently designated as two-way stop intersections with eastbound and westbound traffic on Stockham and Alpine Avenues being required to stop. The posted speed limit on Spruce Street at both intersections is currently 40 mph. At both Tulare City Council Page 4
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the Stockham Avenue and Alpine Avenue intersections, on-street parking is permitted all the way up to the curb returns located at the corners of the intersections. When vehicles are parked along Spruce Street, visibility of oncoming traffic is blocked for drivers stopped on both Stockham Avenue and Alpine Avenue. In such instances, drivers attempting to enter the intersections do not have sufficient sight distance to see and react to vehicles traveling on Spruce Street at the relatively high speed of 40 mph.

To provide sufficient sight distance, on-street parking along Spruce Street would need to be restricted approximately 445 feet on either side of Stockham Avenue and Alpine Avenue. Forty-five properties would be affected by the on-street parking restrictions.

Alternatively, the intersections of Stockham Avenue and Alpine Avenue with Spruce Street could be designated as all-way stop intersections, alleviating the sight distance concerns by requiring traffic on Spruce Street to stop. The California Manual of Uniform Traffic Control Devices (CAMUTCD) does recognize “locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop” as a criteria that may be considered when determining where multi-way stop control is to be applied.

Due to the significant number of properties that would be impacted by the on-street parking restrictions necessary to provide adequate sight distance, staff is recommending that Council adopt a resolution designating the intersections of Stockham Avenue at Spruce Street and Alpine Avenue at Spruce Street as all-way stop intersections. Staff recommends Council adopt Resolution 2022-13 designating the intersections of Stockham Avenue at Spruce Street and Alpine Avenue at Spruce Street as all-way stop intersections, and authorizing the installation of corresponding stop control.

8. Adopt Resolution 2022-14 amending the City’s Non-Utility Position Control Budget (PCB) to reflect the positional and salary adjustments necessary to implement a minor organizational restructuring. [Submitted by: M. Mondell] Over the past several months, the City Manager has spent substantial time meeting with City employees and Executive Team members to review the City’s organizational structure.

The general conclusion is that the City functions in an efficient and customer service friendly manner. Thus, after careful analysis and consideration, only a few minor changes to the City’s organizational structure are going to occur as a result of the leadership transition. The purpose of this staff report is to describe the strategy behind the organizational changes and request Council approval of the positional and salary changes associated with them.

The stated goal for the immediate future is to focus heavily on economic development and redevelopment in all areas of the City. This effort will result in increased revenue to the organization and job creation for the City of Tulare, which are critical to ensuring a thriving community and organization. Over time, the increased revenue that is generated from these activities will be utilized to address many important issues facing the City, including achieving more optimum staffing levels and addressing compensation.

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As projects are completed or as circumstances within or outside the organization change, so may the organizational chart. From time-to-time, divisions or functions may be placed directly in the City Manager’s office so focus can be placed on them until they are ready to be shifted elsewhere within the organization.

Overall Reorganization:

The City Manager will retain responsibility for general oversight of the organization but be more specifically responsible for overseeing; Economic and Community Development, Engineering and Project Management, Police, Fire, and Finance. In addition, the Office of Safety, Compliance and Facilities (formerly General Services) will be created to focus on special areas of immediate interest, which includes communitywide maintenance and beautification.

The Deputy City Manager will continue to be responsible for overseeing Human Resources and Information Technology in addition to the Public Works and Community Services Departments. The Deputy City Manager will also serve as the organization’s Public Information Officer and manage the Communications Team, which will be responsible for upgrading and managing content on the City’s website and social media accounts on a daily basis.

The City Manager, Deputy City Manager, and Economic and Community Development Director will be responsible for spearheading economic development activities throughout the City. All Departments will be responsible for providing assistance in maximizing economic development opportunities throughout the City.

Department Specific Reorganization
The reorganization includes several reclassifications and new classifications all within the CLOCEA and management bargaining units. The changes have largely been achieved through savings by reallocating funds from vacant positions throughout the organization, resulting in one net new CLOCEA position.

In addition to the organizational reporting shifts mentioned above, the following specific changes will also occur:
• The Code Enforcement Division will move to the Office of Safety, Compliance and Facilities which will also be responsible for documenting and resolving traditional and non-traditional issues of blight throughout the City. • The Fleet Division and Transit functions will move to Public Works. • Information Technology will be responsible for growing a more robust geographic information system, coordinating grants throughout the organization, and facilitating the Technology Committee which is to review all software and technology requests as well as promote efficiency throughout the organization. • Community Services will be responsible for developing and managing the Amphitheater Concert Series and Homeless Shelter once completed. • The Building Division will move to Economic and Community Development and a Permit Center will be established. This will include a minor renovation to the front counter to improve customer service.

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• The Project Management Division of the Engineering and Project Management Department will be responsible for overall ARPA funding and implementation coordination. All Departments will be responsible for providing assistance.

In summary, the proposed relatively minor organizational restructuring represents another step towards achieving long term financial sustainability, addressing strategic priorities, investing in our future and better meeting the needs and expectation of our citizens. Staff recommends Council adopt Resolution 2022-14 amending the City’s Non-Utility Position Control Budget (PCB) to reflect the following:

1. Delete the classification and allocation of one (1) General Services Manager (salary code 2094, $6,870.95-$8,351.69/month).

2. Delete the classification and allocation of one (1) Information Technology Manager (salary code 2110, $7,591.66-$9,227.73/month).

3. Delete the allocation of one (1) Department Assistant I.

4. Delete the allocation of one (1) ½ time Accounting Assistant.

5. Delete the allocation of one (1) ½ time Department Assistant I.

6. Delete the allocation of one (1) Senior Planner.

7. Change the salary range of the Senior Project Manager classification (salary code 2217, from $8,538.50-$10,378.61/month to $8,794.66-$10,689.97/month).

8. Add the classification and allocation of one (1) Safety, Compliance and Facilities Officer (salary code 2185, $8,378.89-$10,184.61/month).

9. Add the classification and allocation of one (1) Chief Technology Officer (salary code 2022, $8,538.50-$10,378.61/month).

10.Add the classification and allocation of one (1) Senior Housing and Grants Specialist (salary code 2205, $5,828.22-$7,084.23/month).

11.Add the classification and allocation of one (1) GIS Systems Analyst (salary code 2096, $6,870.95-$8,351.69/month).

12.Add the classification and allocation of one (1) City Planner (salary code 2025, $8,538.50-$10,378.61/month).

13.Add the classification and allocation of one (1) Permit Center Coordinator (salary code 3369, $5,274.91-$6,411.69/month).

14.Add the classification and allocation of one (1) Building Technician (salary code 3082, $4,009.42-$4,873.46/month).

15.Add the allocation of one (1) Administrative Assistant.

16.Add the allocation of one (1) Associate Planner.

17.Add the allocation of one (1) Permit Technician.

9. Authorize City staff to use the Prosperity Sports Park Clubhouse as the primary location for a cooling and warming center with the Claude Meitzenheimer Community Center as a secondary location if the primary location is unavailable. [Submitted by: D. Sewell] The Prosperity Sports Park Clubhouse and Claude Meitzenheimer Community Center are both City owned facilities and can accommodate up to 100 occupants. Both locations have bus stops nearby, allowing people to take public transportation if they do not own a vehicle.

City staff would open the centers based on the National Weather Service seven-day forecast. If temperature is projected to reach 105 degrees Fahrenheit or higher, the cooling center will be activated. If the temperature is projected to be 29 degrees Tulare City Council Page 7
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Fahrenheit or lower, the warming center will be activated. The activations will be publicized via City of Tulare social media and through public service announcements (PSA) on local radio stations.

Security will be critical to the success of any heating or cooling center activation.

Security will allow the citizens and staff to feel safe while occupying these facilities. The city will contract with a private security company for these services. The decision to activate the cooling or warming center from the seven-day forecast will leave adequate time to inform the public and secure security in time for the event. Staff recommends Council authorize City staff to use the Prosperity Sports Park Clubhouse as the primary location for a cooling and warming center with the Claude Meitzenheimer Community Center as a secondary location if the primary location is unavailable.

XII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS [Time Estimate: 7:30-7:35 p.m.]

1. Proclamation in honor of National Library Week, April 3-9, 2022.

XIII. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(3) [Time Estimate:
7:35-7:50 p.m.]
XIV. GENERAL BUSINESS - Comments related to General Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

1. Public Hearing [Time Estimate: 7:50-8:20 p.m.]
(a) Consideration and possible approval of Ordinance 2022-01 for the approval of a Development Agreement with Valley Pure. [Submitted by: M. Zamora] The City desires to enter into the attached Development Agreement with Valley Pure. Valley Pure is a retail cannabis business with multiple locations throughout the Central Valley.

The Development Agreement attached facilitates the use of the property as a retail cannabis business and formalizes their community benefits.

Valley Pure has agreed to the following community benefits:
i. A one-time donation of one hundred thousand dollars ($100,000.00) within thirty (30) days of the City’s issuance of the CCL to Developer for the City’s purchase of two fully equipped police vehicles;
ii. An annual donation of twenty-five thousand dollars ($25,000.00) to the Tulare Joint Union High School District on behalf of the Parties; iii. An annual donation of ten thousand ($10,000.00) for use on Centennial Park; iv. An annual donation of ten thousand ($10,000.00) to the Tulare Public Library; and
v. An annual donation of five thousand ($5,000.00) for use on the Santa Fe Trail.

Pursuant to Government Code section 65867.5, the City Council must pass an ordinance for the approval of the Development Agreement. Staff recommends Tulare City Council Page 8
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Council pass to print Ordinance 2022-01 for the approval of a Development Agreement with Valley Pure.
(b) Consideration and possible approval of Ordinance 2022-02 for the approval of a Development Agreement with J Street Solutions (Herb ‘N Vibes). [Submitted by: M. Zamora] The City desires to enter into the attached Development Agreement with J Street Solutions (Herb ’N Vibes). J Street Solutions (Herb ’N Vibes) is a retail cannabis business.

The Development Agreement attached facilitates the use of the property as a retail cannabis business and formalizes their community benefits.

Pursuant to Government Code section 65867.5, the City Council must pass an ordinance for the approval of the Development Agreement. Staff recommends Council pass to print Ordinance 2022-02 for the approval of a Development Agreement with J Street Solutions (Herb ‘N Vibes).
(c) Consideration and possible approval of Ordinance 2022-03 for the approval of a Development Agreement with Token Farms. [Submitted by: M. Zamora] The City desires to enter into the attached Development Agreement with Token Farms. Token Farms is a retail cannabis business.

The Development Agreement attached facilitates the use of the property as a retail cannabis business and formalizes their community benefits.

Token Farms has agreed to the community benefits of an additional two percent (2%) of net profits paid to a registered 501(c)(3) based in Tulare or Tulare County to address homeless, undeserved community, youth, seniors, veterans and community events within the City.

2. Community and Economic Development [Time Estimate: 8:20-8:40 p.m.] (a) Review and approve the policies, procedures, and application process for the City’s Downtown Building Rehabilitation Grant Program [Submitted by: T.

Myers] The City of Tulare Downtown Building Rehabilitation Grant Program (the “Program”) is designed to encourage revitalization by means of private investment through renovations and quality improvements in the visual appearance of building facades and to improve accessibility on the interior and exterior of commercial structures within the Downtown District. The priority of the Program is to bring new, highest and best uses to the downtown to increase both daytime and evening foot traffic. The Program also strives to leverage private improvements while making revitalization efforts affordable, creative, and community based.

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The Tulare Downtown District is defined as being located east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue. (See attached map for specific boundaries). Program boundaries were selected with the following in consideration.

The Union Pacific Railroad creates a very distinct boundary between downtown and the neighborhoods to the west. Cross Street is a fairly active vehicular arterial route. Within the downtown, Tulare Avenue serves as the main east-west route and connects downtown to Highway 99 to the east. K Street is the historic core of the City.

Properties on both sides of Inyo within the District are eligible for funding however, staff is not recommending expansion of Inyo beyond the District boundaries because it would further dilute the impact these dollars will have on creating a critical mass of projects to start the process of transforming Downtown. If Council desires to include additional areas of Inyo then staff can bring back recommendations on a separate program at an upcoming Council meeting.

The Downtown hosts a variety of restaurant, business and office uses – all of which are eligible for the Program. The emphasis on the Program will be on bringing new uses and expanded uses into the Downtown, in particular uses that will attract people to the Downtown.

The Program will:
 Provide financial assistance to property and/or business owners;  Preserve the unique character of the Downtown and foster as sense of place;  Encourage repairs and improvements using quality materials and workmanship in the renovations to address the life safety issues as addressed in the building codes;
 Attract new businesses;
 Compliment other revitalization efforts; and
 Help to provide an attractive, comfortable place to shop, work, live and socialize.

Eligibility Requirements
a. Applicants for the Program can be either the property owner or tenant. Tenants must provide the property owner’s signature on the application and provide evidence a minimum five-year lease on the subject property. b. Tenants and property owners of multi-tenant or multi-storefront buildings are strongly encouraged to work together to apply collectively for one larger project to renovate the entire building, rather than single storefronts or tenant facades.
c. The building or property must be located within the defined Tulare Downtown District.
d. Taxable ad valorem properties – property taxes must be paid up to date. e. If property is occupied, the business must have an active current Business License.

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f. Construction of a new building, wherein a building does not exist or wherein a building was demolished to construct a new building is eligible for funding. g. The following types of property are not eligible without City Council approval:

1. Tax delinquent property

2. Property in litigation

3. Property in condemnation or receivership
Grant Amount and Participation
There is $1,000,000 in funding available for the Program. There is no minimum or maximum grant award. Applicants must provide financial proof of matching funds expended on the project of at least three times that which they are requesting in grant funds.

Reimbursement will be made only after a certificate of completion of the project has been issued and the Grantee provides evidence of all paid receipts and release of liens.

Grant awards will be allocated to quality projects that will provide noticeable enhancements to properties based upon, but not limited to, the following examples of eligible projects:

1. Vacant buildings being converted into an active use, which must be disclosed in the application. Improvements made to a vacant building for the sole purpose of placing it on the market for sale do not qualify for a grant.

2. Handicapped accessibility

3. Infrastructure enhancements to comply with building code requirements in order to add a use to a vacant building.

4. Demolition of an existing building.

5. Removal and replacement of inappropriate or incomplete exterior and/or restoration of original front façade.

6. New addition.

7. Creation of a new surface parking lot.

8. Re-roofing (if visible from a public right-of-way).

9. Improvements to the main entryway/door.

10.Existing sign repair, replacement, and/or energy efficiency upgrades for legal conforming signs (must be part of a larger project). Up to 25% of the total project costs may be reimbursed. New signs where there are no existing permanent signs and legal non-conforming signs are not eligible.

The City of Tulare will release the Grant Policies, Processes and Application immediately upon the approval by City Council. Grant Applications will be accepted and reviewed on an ongoing basis until all grant monies have been awarded by the Grant Review Committee.

Awards for eligible projects will be made on a first come, first serve basis, until the funds have been exhausted. Applications must be deemed complete before being considered for an award.

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Application Materials
Applications will be available at
www.tulare.ca.gov/economicdevelopment/downtowngrant
or from the Community and Economic Development Department, Tulare City Hall, 411 East Kern Avenue, Tulare, CA 93274. Application packages must include enough documentation to illustrate the visual impact of the project and its cost.

Eligibility of the property and the proposed project will be verified. (c) The property owner(s) as well as the applicant must sign the application agreeing to the General Conditions as forth therein.
(d) A conference with staff may be arranged at any time to discuss any questions that the applicant or staff may have concerning the grant application. (e) Complete and verified applications will be reviewed by the Grant Review Committee, comprised of three (3) City staff and two (2) stakeholders, to determine whether the project should be recommended to City Council for a grant and determine the amount of the award. In making their recommendation, the Grant Review Committee will consider the following factors and may give priority to projects that meet the following criteria:
(i) Will the project positively contribute to a broader redevelopment effort? (ii) Will the project leverage substantially more investment than the required matching amount in the grant?
(iii) Will the grant result in an improvement that would not be made otherwise? (iv) Does the project comply with the Grant Program’s Design Guidelines? (v) Will the project result in new revenue to the City (i.e. property tax, sales tax, hotel occupancy tax, etc.)
(vi) Does the project contribute to other Downtown goals and objectives? (f) The City will notify the applicant/property owner in writing of award approval and provide a Grant Reimbursement Agreement for the applicant and/or property owner to sign and return to the City.
(g) Work cannot begin until the applicant has received written notice from the City indicating that the Grant Reimbursement Agreement has been signed by both parties and that the project may commence. The applicant will receive copies of the Agreement signed by both parties.
(h) Applicant shall proceed with any permitting and plan review process as required under City ordinance.

Construction shall begin no more than ninety (90) days after final approval is received. One sixty (60) day extension for the commencement of the project may be granted by the Grant Review Committee upon a written request of the property owner. Staff recommends Council review and approve the policies, procedures, and application process for the City’s Downtown Building Rehabilitation Grant Program.

Tulare City Council Page 12
Agenda Memo – April 5, 2022

3. Police [Time Estimate: 8:40-8:55 p.m.]
(a) Review and direct staff on the City’s Municipal Code regulations regarding feral cats. [Submitted by: F. Ynclan] At the February 15, 2022, City Council meeting, staff was directed to review and report on the City’s current regulations regarding the feeding and watering of feral cats within the City’s limits. A review of the City’s policy documents reveals that the only references to feral cats occur in the City’s Municipal Code.

The attached letter from Assistant City Attorney Megan Dodd summarizes the Municipal Code’s references to feral cats. Potential options for Council consideration are to: 1) receive the report; and, 2) receive the report and direct staff to prepare revisions to existing Municipal Code references to either further restrict or loosen City regulations associated with feeding and watering of feral cats.

Staff from the City Attorney’s office and Police Department are available for additional consultation and feedback. Staff recommends Council review and direct staff on the City’s Municipal Code regulations regarding feral cats.

4. City Manager [Time Estimate: 8:55-9:25 p.m.]
(a) Discuss allocation of the final $942,268 in American Rescue Plan Act Funds and direct staff on same. [Submitted by: M. Mondell] In June, 2021, the City of Tulare was notified that it will receive $18,024,068 from the US Department of Treasury as part of the American Recovery Plan Act (ARPA). On December 7, 2021, the City Council approved appropriations of $12,351,800 (Resolution 2021- 52). On February 15th, 2022, City Council appropriated an additional $4,730,000 (Resolution 2022-05). In total $17,081,800 of the ARPA funds have been allocated.

A substantial number of the approved projects are actively being implemented. City staff continues to report allocations and expenditures to the U.S. Treasury on a quarterly basis, with the next report due April 30, 2022.

Currently, $942,268 remains unallocated. All ARPA funds must be allocated by December 31, 2024. Staff recommends that the remaining unallocated funds be divided equally amongst council members for allocation consideration. Thus, each council member would provide direction on the allocation of funds within the allowed uses of ARPA. This will result in each council member providing direction for approximately $188,453.60 ($942,268 divided by 5). Full council action would be required to formalize each council member’s allocations.

Also, the City is in receipt of a letter dated March 20, 2022 from the Tulare Local Healthcare District Board of Directors requesting $1,000,000 in ARPA funds to construct parking, lighting, and landscaping on the east side of the Adventist Hospital campus.

Tulare City Council Page 13
Agenda Memo – April 5, 2022
Staff suggests that the City Council schedule a follow up discussion for the Tuesday, June 7 Council meeting, during which councilmembers can report and discuss their draft proposed allocations and formulate the final steps in the appropriation process.

For quick reference purposes, Attachment 1 provides a general overview of potential uses of ARPA funding. Staff recommends each councilmember formulate options for allocating $188,453.60 of the remaining $942,268 in unallocated ARPA funding and return at the June 7, City Council meeting to analyze and discuss allocation options.

XV. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) [Time Estimate: 9:25- 9:40 p.m.]
XVI. ADJOURN REGULAR MEETING
8427

ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
March 15, 2022
A Redistricting Public Hearing of the City Council of the City of Tulare was held on Tuesday, March 15, 2022, at 6:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry Sayre, Jose Sigala, Stephen C.

Harrell, Patrick Isherwood
STAFF PRESENT: Marc Mondell, Mario Zamora, Josh McDonnell, Matt Machado, Doyle Sewell, Janice Avila, Traci Myers, Trisha Whitfield, Michael Miller, Darlene Thompson, Jason Glick, Jason Bowling, Jose Rivas, Nick Bartsch, Melissa Hermann
I. CALL TO ORDER REDISTRICTING PUBLIC HEARING
Mayor Mederos called the Redistricting Public Hearing to order at 6:02 p.m. noting that this was a continued public hearing from March 1, 2022.

Luis Huerta Silva, Tulare, commented on his desire to keep his community of interest intact which would be accomplished with Public Maps 204d and 206d.

III. REDISTRICTING PUBLIC HEARING

1. Public Hearing to adopt Resolution 2022-07 approving the By-District Elections, adjusting the boundaries of City Council Election Districts following the 2020 Federal Census and confirming such Council District Boundaries map. Council reviewed and discussed draft maps. Ken Chawkins, NDC, responded to questions posed by Council. Following discussion, it was moved by Mayor Mederos, seconded by Vice Mayor Sayre, and carried 3-2 (Council Members Harrell and Sigala voting no) to adopt Resolution 2022-07 adjusting the boundaries of City Council Election Districts Boundaries using Public Map 204d.

IV. ADJOURN REDISTRICTING PUBLIC HEARING
Mayor Mederos adjourned the Redistricting Public Hearing at 6:28 p.m. 8428
A Regular Meeting of the City Council of the City of Tulare was held on Tuesday, March 15, 2022, at 7:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry Sayre, Jose Sigala, Stephen C.

Harrell, Patrick Isherwood
STAFF PRESENT: Marc Mondell, Mario Zamora, Josh McDonnell, Matt Machado, Doyle Sewell, Janice Avila, Traci Myers, Trisha Whitfield, Michael Miller, Darlene Thompson, Jason Glick, Jason Bowling, Jose Rivas, Nick Bartsch, Melissa Hermann
V. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the Regular Meeting to order at 7:01 p.m.

VI. PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Sigala led the Pledge of Allegiance and an invocation was given by Father Ivan of St. Rita’s Church.

VII. CITIZEN COMMENTS
Mayor Mederos requested those who wish to speak on matters not on the agenda within the jurisdiction of the Council, or to address or request a matter be pulled from the Consent Calendar to do so at this time. He further stated comments related to General Business matters would be heard at the time that matter is addressed on the agenda.

Wendy Baker, Tulare resident, requested Council consider a support letter for AB 2017.

John Harman, Tulare Downtown Association, expressed gratitude for the Fire Department, Police Department, and City staff for assisting downtown with recent fires. Mr. Harman also expressed frustration with criminal activity by homeless individuals.

Xavier Avila, Tulare resident, requested support for AB 2017. Mr. Avila also expressed frustration with criminal activity by homeless individuals.

VIII. COMMUNICATIONS
There were no items for this section of the agenda.
/////
8429
IX. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Council Member Isherwood, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of item 5.

1. Authorization to read ordinances by title only.

2. Approve minutes of the February 24, 2022 special joint session and March 1, 2022 regular meeting. [Submitted by: M. Hermann]

3. Confirm Council Member Harrell’s appointment of Jocelyn Correa to the Planning Commission with a term ending December 31, 2025.

4. Authorize the City Manager to sign a contract with QK, Inc. of Visalia, CA in an amount not to exceed $282,466 for professional consulting services associated with the comprehensive update of the City of Tulare Zoning Code. [Submitted by: M. Anaya]

5. Adopt Resolution 2022-09 declaring 7,500sf of City-owned property at the southwest corner of Cartmill Avenue and Akers Street, APN 166-240-003, as surplus property; and adopt Notice of Exemption, which determines that the potential sale of the lots is exempt from environmental review. [Submitted by: T. Myers] Council Member Sigala requested to pull this item for clarification. Staff provided response thereto. Following discussion, it was moved by Council Member Isherwood, seconded by Council Member Harrell, and carried 4-1 (Council Member Sigala voted no) to adopt Resolution 2022-09, as amended.

6. Adopt Resolution 2022-10 authorizing the City of Tulare to apply to the California Department of Housing and Community Development (HCD) for HOME Investment Partnerships Program (“HOME”) funds not to exceed $1,500,000 to implement the following three (3) activities: First-Time Homebuyer (with or without Rehabilitation) Program that will supply down payment and closing cost assistance, an Owner-Occupied Housing Rehabilitation Program to eligible low-income families within the City of Tulare, and a Tenant Based Rental Assistance to provide rent subsidies and/or security deposits to eligible households for a minimum term of six months; adopt Resolution 2022-11 approving the program guidelines; and authorize the City Manager or his/her designee(s) to execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by HCD for participation in the HOME program. [Submitted by: T. Myers]

7. Approve the final map and subdivision improvement agreement for Phases 2 & 3 of The Greens at Oak Creek Subdivision for recordation, and accept 8430
all easements and dedications offered to the City. [Submitted by: M. Miller]

8. Award and authorize the City Manager to sign a contract with NV5 for geotechnical and materials testing services related to City Project EN0092, Pratt Street/Mefford-Choice Tracts Improvement Project in the amount of $153,357; and Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($15,335.70) of the contract amount. [Submitted by: N. Bartsch]

9. Authorize the City Manager to complete and execute the documents necessary to accept the dedication of property located as a portion of APN:
169-360-041 for the use of public right-of-way for Project EN0088 – Prosperity Avenue & West Street Improvements Project, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: N. Bartsh]
X. SCHEDULED PRESENTATIONS

1. Spotlight on Excellence – Employee Recognition [Submitted by: M.

Mondell] City Manager Marc Mondell recognized Jose Rivas and Sherri Metz as this quarter’s Employee Recognition recipients.

2. Community and Economic Development Update [Submitted by: T. Myers] Community and Economic Development Director provided a presentation.

Questions posed by Council were responded to by staff.

XI. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(c) XII. GENERAL BUSINESS

1. Community and Economic Development
(a) Receive and file the City of Tulare Housing Successor Agency Annual Reports for Fiscal Year 2020-21. [Submitted by: Traci Myers] Community and Economic Development Director Traci Myers provided a report for Council’s review and consideration. It was moved by Council Member Harrell, seconded by Council Member Sigala, and unanimously carried to receive and file the report as presented.

2. Engineering
(a) Consider a request by The Gas Company to patch Pleasant Avenue utilizing infrared heating. [Submitted by: M. Miller] City Engineer Michael Miller provided a report for the Council’s review and consideration.

Miguel Ramirez, The Gas Company representative, provided comments and responded to questions posed by Council. Following discussion, it was 8431
moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to approve the request by The Gas Company.

XIII. STAFF UPDATES AND FUTURE AGENDA ITEMS – G.C. 54954.2(c) Council Member Sigala requested to place an item on a future agenda regarding a strategic plan on homelessness. City Manager Marc Mondell advised that staff is working on composing a memo for Council and should be provided within the next 30 days.

Council Member Sigala requested and received consensus on having a closed session item for labor negotiations surrounding the possibility of privatizing street sweeping services.

XIV. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular session at 9:05 p.m.

President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:
_________________________________
Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare
8432

ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
March 22, 2022
A Special Closed Session of the City Council of the City of Tulare was held on Tuesday, March 22, 2022, at 6:00 p.m. in the Tulare Public Library and Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Dennis A. Mederos, Terry Sayre, Jose Sigala, Patrick Isherwood COUNCIL ABSENT: Stephen C. Harrell
STAFF PRESENT: Marc Mondell, Mario Zamora, Mandy Jeffcoach (special counsel), Josh McDonnell, Janice Avila, Trisha Whitfield, Michael Miller, Darlene Thompson, Jose Rivas, Melissa
Hermann
I. CALL TO ORDER SPECIAL CLOSED SESSION
Mayor Mederos called the special closed session to order at 6:02 p.m.

There were no citizen comments.

III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

1. 54956.9(d)(1) Conference with Legal Counsel – Existing Litigation (1) Name of Case: City of Tulare v. Del Lago Place, TCSC Case No. 286863

2. 54957.6(b) Conference with Labor Negotiators
Represented/Unrepresented: CLOCEA
Negotiators: Marc Mondell, Darlene Thompson, Janice Avila, Mario Zamora Mayor Mederos adjourned to closed session at 6:04 p.m.

IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 8:20 p.m.

V. CLOSED SESSION REPORT (if any)
Mayor Mederos advised there was no reportable action.
8433
VI. ADJOURN SPECIAL CLOSED SESSION
Mayor Mederos adjourned the special closed session at 8:21 p.m.

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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Finance
For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt Resolution 2022-12 setting the maximum Utility User’s Tax at $13,620.00 per utility for the period July 1, 2022 through June 30, 2023.

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

On November 2, 2009, the electorate of the City of Tulare passed Measure N, adopting Ordinance 09-04, amending sections of the Utility User’s Tax Ordinance to reduce the tax rate from 7 to 6 percent and remove the maximum tax cap and to provide authority to the City Council for an annual review of the same. The Ordinance passage provides that the City Council may set, by resolution, a maximum utility user’s tax and reduce the tax rate downward from 6 percent, if necessary, in order to remain venue neutral.

Upon review of the data from this time period and based on the Los Angeles-Riverside-Orange County CPI over the last 12 months (6.6%), staff recommends that Council set the maximum Utility User’s Tax at $13,620.00 for the period of July 1, 2022 through June 30, 2023.

STAFF RECOMMENDATION:

Adopt Resolution 2022-12 setting the maximum Utility User’s Tax at $13,620.00 per utility for the period July 1, 2022 through June 30, 2023.

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

N/A
Submitted by: Darlene Thompson Title: Finance Director
Date: March 28, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 4
RESOLUTION 2022-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
SETTING THE MAXIMUM UTILITY USER’S TAX AT $13,620.00 PER UTILITY FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, on November 2, 2009, the Voters of the City of Tulare passed Measure N, adopting Ordinance 09-04, amending Sections of the Utility User’s Tax Ordinance to reduce the tax rate from 7 to 6 percent and remove the maximum tax cap and to provide authority to the City Council for an annual review of the same; and WHEREAS, the City Council’s annual review would provide for a evaluation of utility tax information to establish a maximum utility user’s tax and/or reduce the tax rate percentage in order to remain revenue neutral; and
WHEREAS, based upon current calculations from the Los Angeles-RiversideOrange County CPI over the last 12 months a Maximum Utility User’s Tax in the amount of $13,620.00 is to be set for the period of July 1, 2022 through June 30, 2023.

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

Section 1. The City Council of the City of Tulare hereby sets a maximum Utility User’s Tax of $13,620.00 per utility for the period July 1, 2022 through June 30, 2023.

PASSED, APPROVED, AND ADOPTED this 5th day of April, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-12 Page 2
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 2022-12 passed and adopted by the Council of said city at a regular meeting held on April 5, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

Marc Mondell, City Clerk
By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Conditionally approve the final map and subdivision improvement agreement for Phase 4 of Kensington Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to June 4, 2022.

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

Planning Commission Resolution No. 5379 adopted on October 26, 2020 approved the tentative map for Kensington Estates subdivision located on the northwest corner of Cartmill Avenue and Mooney Boulevard. The overall subdivision comprises approximately 24 acres consisting of 111 lots, and is being developed in phases.

Phase 4 of Kensington Estates subdivision consists of 63 single-family residential lots. The subdivider is actively working to complete the final map. To expedite the final map approval process, the subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60-days. Such requests have routinely been accommodated.

A copy of the Planning Commission Resolution No. 5379 and final map are attached for reference.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

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

N/A
AGENDA ITEM: Consent 5
Submitted by: Michael Miller Title: City Engineer
Date: March 28, 2022 City Manager Approval: ____________

CITY OF TULARE

Conditionally approve the final map and subdivision agreement for the Oak Creek No. 3 subdivision for recordation, and accept all easements and dedications offered to the City on the final map, subject to receipt of all fees and other required items prior to June 4, 2022.

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

Planning Commission Resolution No. 5286 adopted on July 9, 2018 approved the tentative map for the Oak Creek No. 3 subdivision located east of Mooney Boulevard and south of Seminole Avenue on the east side of Aberdeen Street. The overall subdivision comprises approximately 4 acres and consists of 15 multi-family lots and a combination of 2 or 4 units on each parcel. The map requires street dedication and public utility easements.

A copy of Planning Commission Resolution No. 5286, the final map, and final subdivision agreement are attached for reference.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

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

N/A
Submitted by: Michael Miller Title: City Engineer
Date: March 28, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 6

*'*r
RESOLUTION NO. 5286

A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION MAP 2018.13. OAK CREEK 3 WHEREAS, the City of Tulare Planning Commission held a regular meeting on July 9, 2018 to consider a request by Great Valley Builders to subdivide approximately 4 acres into a l5-lot multi-family residential subdivision on property located east of Mooney Blvd. and south of Seminole Avenue on the east side of Aberdeen Street (APN 172-100-001); and
WHEREAS, the City of Tulare Planning Comrnission determined that the proposed subdivision map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or improvements of the proposed subdivision are consistent with the Tulare General Plan; md,
WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the proposed density of the development; and WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and,
WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public atlarge, for access through or use of the property within the proposed subdivision ; and,
WHEREAS, the Planning Commission of the City of Tulare finds the project to be Categorically Exempt consistent with the California Environmental Quality Act (CEQA):

NOW, THEREF'ORE BET IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA section 15332; and, Resolution 5286

Page 1 ends

Tentative Subdivision Map- 2018-13- Oak Creek 3
NOW, THEREF'ORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented:
1) That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.
2) Thatthe proposed location of the Tentative Subdivision Map and the conditions under which it would be built or maintained will not be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity.
3) That the proposed Tentative Subdivision Map will be in keeping with existing and future land uses on the site.

BE IT FURTHER RESOLVED, that the Planning Commission hereby approves Tentative subdivision Map 2018-13 subject to the following conditions::
l) Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map.

Applicant shall comply with Engineering, Fire Department, Parks and Solid Waste Division comments/conditions.
3) Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site.

Final acceptance of the tract shall be contingent upon the sub-divider providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works/Engineering Department.
2)
4)
Six-foot public utility easements shall be granted along all front yards as required for public utilities.

Final subdivision map shall depict all easements.

Comply with the requirements outlined in the Caltrans letter dated January 23,2018.

The applicant shall comply with the requirements of the Public Works Director and City Engineer regarding sewage disposal and water supply facilities.
9) All lots shall meet the provisions of the applicable zoning district.

Resolution 5286
Page2
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6)
7)
8)
Tentative Subdivision Map- 2018-13- Oak Creek 3
Street names will be consistent with street rurmes approved by the Street Naming Committee, and approved by the Community & Economic Development Director.

Applicant to record a "Right to Farm" notice on final map.

A solid fence, a minimum of seven feet in height shall be constructed along the north and south perimeter of the site.

Applicant to establish a landscape maintenance district prior to recordation of the final map. All landscape plans within the landscape maintenance district shall be consistent with City standards and approved by the Community and Economic Development Director and/or Community Services Director.

Applicant shall record a note on final map indicating that all residential lots are subject to a landscape maintenance district pursuant to the Landscape and Lighting Act.

All outdoor areas not use for parking, walkways or other features shall be landscaped but not less than 10% ofthe total site area ofeach parcel shall be landscaped.

Applicant shall submit four copies of a landscape and irrigation plan consistent with the City's landscape ordinance.

Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction.

Applicant to comply with San Joaquin Valley Air Pollution Control District Rule 9510 for the final map.

Applicant to provide and locate mailbox clusters as approved by the U.S Postmaster, Tulare.

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

Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, beings as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later changing such exactions.
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Resolution 5286
Tentative Subdivision Map- 2018-13- Oak Creek 3
Engineerins:

City Standard cul-de-sac street widths are typically 32 feet from curb face to curb face. However, given the increased density of the multi-family units and expected increased demand for street parking, the City concurs with the 36 foot local street standard width proposed on the Tentative Map.

City Standard Detail No.7130 (eccentric cul-de-sac) is dimensioned for a City Standard Detail No. 7130 (eccentric cul-de-sac) is dimensioned for a parkway strip configuration (11 feet from curb face to right-of-way line).

Please adjust radial dimension on cul-de-sac bulb to reflect the proposed adjacent sidewalk configuration (10 feet from curb face to right-of-way line).

Plan view dimensions for Aberdeen Street (58 feet from right-of-way to rightof-way) does not match cross section shown (56 feet from right-of-way to right-of-way). Please adjust plan view drawing to match dimensions shown in the Aberdeen Street cross section.
lf Oak Creek No. 3 is constructed before The Greens at Oak Creek subdivision, a temporary turnaround on Aberdeen Street will be required. A temporary access easement in favor of the City will be required for all proposed temporary turnarounds.

Oak Creek No. 3 shall be a part of an Assessment District for the maintenance of the storm drain basin and its related frontage landscaping and irrigation improvements. The Assessment District shall also include the Oak Creek No. 2, Oak Creek No. 4 and The Greens at Oak Creek projects.

1. All required engineering plans and catculations shall be prepared by a registered civil engineer. Any elevations shown on plans required for the subject development shall be based on the official City of Tulare datum. The Engineer shall provide three (3) copies of each improvement plan set submitted to the City of Tulare for checking. All public improvements shall be on 24" x 36" sheets, in a plan/profile format at a scale of 1"=50' or larger.

Private on-site improvements may be plan-view only format, and may be on sheet sizes consistent with the rest of the on-site construction plans.

Following approval of the improvement plans, the Engineer shall provide the City of Tulare with two reproducible plan sets. This shall be done prior to scheduling any pre-construction conferences or commencing any improvements.

2. Master Plan drawings are needed for: I Water, I Sewer, I Storm Drain, I Streets

3. Any work to be done within the City street rights-of-way requires an encroachment permit issued by the Engineering Department, and shall be done under the inspection of the City Public Works Inspector. All contractors Resolution 5286

Page 4 ends

Tentative Subdivision Map- 2018-13- Oak Creek 3
working within City street rights-of-way shall possess a valid City of Tulare business license.

4. All design and construction of public improvements shall be in accordance with applicable City Standards, Specifications, Ordinances, and Standard Operating Procedures, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Engineering Department while reviewing this development proposal. Nothing in these conditions precludes the City Engineer from applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction.

5. Easements will be required for all public utilities to be located outside of dedicated rights-of-way. Six-foot public utility easements are required along all street frontages, unless otherwise waived by the City Engineer. Additional easements may be required for ingress/egress, drainage, or shared trash enclosures.

6. New City standard sidewalk shall be constructed as indicated below. For adjacent sidewalk pattern, sidewalk shall transition behind driveway approaches and maintain a minimum width of 4 feet while doing so. The maximum slope adjacent to the back of any public sidewalk shall not exceed 5:1 for the first 5 feet. For areas located within a Landscape and Lighting District, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed 10:1.

Street Frontaqe Confiouration Sidewalk Width (ft)
Cul-De-Sac Adjacent to Curb 5 feet
Aberdeen Street Adjacent to Curb 5 feet

7. New City standard ramped curb returns and/or pedestrian ramps shall be installed at the northwest and southwest r of Aberdeen Street and the cul-de-sac street. Curb return ramps shall be directional in nature and oriented in the north/south direction.

8. New City standard driveway approach(es) shall be constructed at locations shown on the Tentative Map.

9. The following minimum street improvements are required:
a. lf the developer is planning to defer the construction of the curb and gutter on the west side of Aberdeen Street until the development to the west occurs, a minimum street width of 32 feet (8 foot parking and two 12foot lanes) from curb face on Aberdeen Street will be required.

Roadway structural section design shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the design criteria provided below:

Roadway Classification. Desiqn T.l.

Aberdeen Street Local Street, T.l. = 5.0
Resolution 5286

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Tentative Subdivision Map- 2018-13- Oak Creek 3
Cul-de-sac Residential Cul-de-sac, T.l. = 4.5

10.On-site A.C. pavement design shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the following traffic index requirements: 4.0 for parking areas, 4.5 for travel lanes, and 6.5 for truck routes (including solid waste collection vehicles).

11. Street Lights (Standard Concrete Marbelite Pole) shall be installed at locations designated by the City Engineer, and shall comply with the following general requirements:

LED, SCE Owned/Maintained on a metered service. Design of the LED street lighting system shall be approved by City Engineer. The following street lights are required on roadways as follows: 32-watt LED (5.800 Lumen H P S V. eouivalent) with 25-ft oole heioht and 4-ft mast arm Prooosed cul-de-sac and Aberdeen Street.

12. street name signs, traffic control signs, pavement delineation and/or pavement markings shall be installed as required by the City Engineer.

13.The following right-of-way dedications are required for streeValley purposes:
a. 20' property corner radius: Northwest and southwest corner of Aberdeen Street and the cul-de-sac.
b. Street: 56 foot rioht-of-wav dedication for Aberdeen Street and the proposed cul-de-sac.

14. Project trip generation data based upon the ITE Trip Generation Manual is required. A Transportation lmpact Study identifying the project impacts and proposed mitigation measures may be required as a condition of project approval, and shall be subject to the approval of the City Engineer. Traffic impact studies shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic lmpact Studies", and City of Tulare General Plan requirements. Traffic impact studies shall address provisions for pedestrian, bicycle and transit access to the project. ln evaluating project impacts to existing roadway facilities, traffic impact studies shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Governments (TCAG), and shall specifically address the project impacts and any appropriate mitigations to facilities identified by the City Engineer.

15.All costs associated with the removal, relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements shall be the responsibility of the project. All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.160 (B) 3 of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project.

16.The proposed development shall be responsible for the following water main extensions and connections: across the full frontage of the property on Aberdeen Street and as reouired in the orooosed cul-de-sac to meet the Resolution 5286

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Tentative Subdivision Map- 2018-13- Oak Creek 3
needs of the development and in accordance with the approved water master plan for the overall Oak Creek development.

17.Fue hydrants and fire suppression systems shall be provided as required by the City of Tulare Fire Marshall. The proposed development shall demonstrate that sufficient flows are available to support the required improvements. All points of connection to the City water system are subject to the approval of the City Engineer.

18. The proposed development shall install water services with back flow devices, as approved by Planning and Building. Water sizing calculations shall be provided at time of building permit application. Domestic and landscaping services shall be metered services using the make and model of meter specified by the City of Tulare Public Works Department. No substitutions are allowed.

19. Existing water wells shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

20.The proposed development shall be responsible for the following sanitary sewer main extensions and connections: across the full frontage of the propertv on Aberdeen Street and as required in the proposed cul-de-sac to meet the needs of the development and in accordance with the approved sewer master plan for the overall Oak Creek development.

21.The proposed development shall connect to City sewer. !f service from an existing lateral is proposed, said lateral shall be exposed for inspection by the Public Works lnspector and upgraded to current City

22. Existing septic tanks shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

23.The proposed development shall be responsible for the following storm drain line extensions and connections: as needed to serve the development and in accordance with the approved storm drain master plan for the overall Oak Creek development.

24.A grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted.

The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road frontages in such a manner that runoff is not diverted to adjacent property. dn-site retention of storm water runoff is n required I not required.

A letter verifvinq that lot oradinq was completed according to the approved gradino / drainaqe plan shall be prepared by a Registered Civil Engineer or Licensed Architect and submitted to the City Engineer prior to the issuance of anv final occupancy permits or notice of completion for public improvements. The Enqineer or Architect shall affix their stamp and seal to the letter.

25.A Public Works lnspection Fee is required prior to the construction of improvements.

Resolution 5286
PageT
Tentative Subdivision Map- 2018-13- Oak Creek 3

26.lf applicable, existing irrigation ditches and/or canals shall be piped, developed into a trail, or relocated outside the project boundaries per the direction of the City Engineer and affected irrigation district. Related irrigation facilities shall be subject to the same requirements for piping or relocation.

27. Fugitive dust shall be controlled in accordance with the applicable rules of the San Joaquin Valley Air Pollution Control District's Regulation Vlll. Copies of any required permits will be provided to the City.

28.lf the project requires discretionary approval from the City, it may be subject to the San Joaquin Valley Air Pollution Control District's Rule 9510 lndirect Source Review per the rule's applicability criteria. A copy of the approved AIA application shall be provided to the City.

29.|f the project meets the one acre of disturbance criteria of the States Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is required. A copy of the approved permit and the SWPPP shall be provided to the City.

30. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions.

Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, begins as of the date of Planning Commission's conditional approval of the project. lf the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later challenging such exactions.

31.All applicable City fees shall apply unless specifically waived or modified elsewhere in these conditions. All fees shall be based on the current fee schedule in effect at the time of recordation of the final map. These fees include, but are not limited to:
fl Sewer front foot charges of $ 25.00 per front foot for frontages on ! Sewer lift station fee of $ _ per acre.

I Water front foot charges of $ 17.50 per front foot for frontages on n Street front foot charges of $ _ per front foot for frontages on ! Benefit district creation fee (if applicable): $ 1.008.19 per district I Traffic signal in-lieu fee of $ _.

I fto ditch piping In-tieu fee of $ _.

Resolution 5286
Page I
Tentative Subdivision Map- 2018-13- Oak Creek 3
f] Sewer main construction in-lieu fee of $ _.
! Water main construction in-lieu fee of $ _.

J Street construction in-lieu fee of $ _.

I Engineering inspection fee based on a percentage of the estimated cost of construction.

I Development impact fees to be paid with building permit.

I Engineering plan check fee to be paid at time of plan submittal. ! finat map plan check fee to be paid at time of map submittal.

I other:

Fire:
l. The project must comply with latest applicable codes.

2. Based on the occupancy classification and/or square footage of this building, an automatic fire sprinkler system shall be required

3. Depending on the location of the existing fire hydrant(s), additional fire hydrants shall be required. Fire hydrant spacing shall be as follows:
a. Residential development, one hydrant shall be installed at 500-foot intervals

4. An approved water supply for fire protection shallbe made available prior to combustible materials arriving onsite.

5. An approved fire apparatus access road shall be provided for every facility, building or portion of a building constructed or moved into or within the City of Tulare. It shall extend to within 150 feet of all portions of the facility and all portions on the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility. The road shall be a minimum of 20' wide and have a minimum height clearance of 13'6" . a. Remove the additional parking between lots 3 & 4 to reduce the length of the driveway.

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

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

8. All buildings/units shall be provided with approved address identification. In addition to each unit being labeled, a monument sign (or other approved method) Resolution 5286

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Tentative Subdivision Map- 2018-13- Oak Creek 3
shall be installed visible from the road. All addresses shall be printed within a minimum of 4" numbers.

Solid Waste:

1. Customer responsible for setting cans out for service by 6:00 am and removing cans from curb, gutter, or alley on the same day after serviced. Customer is responsible for any violations.

2. Mandatory Recycling AB 341. All Commercial Businesses, Multi Family and Residential customers must have a blue recycle Bin, Roll Off, or Can for clean paper, cardboard, cans, bottles etc.

3. Customer is required to flatten, breakdown all cardboard and other bulky recyclables in blue containers. Customer is responsible for any contamination in containers and all fines and charges resulting from contaminated recyclables.

4. Mandatory Organics/Compost Recycling AB 1826. Green 96 gallon containers for yard waste/food scraps required. Additional storage area attached to enclosure to store up to 3-96 gallon cans as option shown on enclosure specs is required.

5. Paved areas should be engineered to withstand a 55,000 lb. refuse truck.

6. Standard residential can service. Trash, green waste/organics and blue recycling cans serviced once a wee.

7. Customer will be required to roll container out to curb for service.

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

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

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

All projects that require a landscaping and inigation plan pursuant to this chapter shall comply with the following development standards.
(A) General standards.
(1) All landscape development over 500 square feet (new) or 2,500 square feet (rehabilitated) that requires a permit, plan check or design review shall meet the water efficiency and site design requirements Page
Resolution 5286 10
Tentative Subdivision Map- 2018-13- Oak Creek 3
detailed in other sections oftnrs chapter. The project applicant, and owner (ifdifferent) shall sign the Landscape Documentation Package as required in $ I 0. I 96.060(BX lxi). (2) All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped. A minimum of 5% of the gross lot area shall be landscaped, unless the district in which the project is located does not require yard areas in which case only sfeet trees are required. (3) Landscaping shall be used to screen storage areas, trash ericlosures, parking, public utilities and other similar elements. The landscaping shall screen these elements within three years of installation. (4) Planting and irrigation shall conform to the water use efficiency sections of this code in such a manner that the site-wide estimated total water use (ETWU) will be less than the maximum applied water allowance (MAWA). Landscape plans shall document compliance with the ordinance by submitting a Landscape Documentation Package and providing supporting documentation as required in the ordinance. (5) All landscaping on city-owned property shall conform to city landscaping and inigation standards including the City of Tulare Recreation, Parks and Library Department Improvements Standards; City of Tulare Parking Lot Tree Shading Design and Maintenance Guidelines; area specific plans and other applicable documents, as may be updated from time to time. (6) Certain landscapes (see $ 10. 196.040) are exempt from the water efficiency documentation requirements of this section. These landscapes must still comply with the development standards in $

10.196.070 as much as is practical.
(B) Trees.
(1) Fifteen-gallon street trees shall be planted in the right-of-way along all public streets. The number of street trees required shall be determined by dividing the total street frontage measured at the properly line by 30. Round up to whole trees. Actual spacing of trees can vary to accommodate driveways, buried and overhead utilities and other obstructions. Trees shall be spaced at reasonable mature canopy width. (2) Street tree location can be in the landscape parkway between the curb and sidewalk, in tree wells if approved in the site plan, or on the property-side ofthe sidewalk as appropriate for the particular situation.

The species selection shall respect the available root area in the plantingzone. (3) The front, rear and side setbacks facing public streets shall be planted with trees and shrubs to provide an athactive buffer between the building and/or parking and the adjacent roadways and shade for walks and parking lots.
(4) Trees in the setback area, yards and around the parking lot shall be 15 gallon or larger. (5) Trees planted near sidewalks, curbs or other hardscape shall be appropriately sized for the root area of the trees and shall be inigated on a dedicated inigation valve. If the center of the trunk of the tree is within eight feet of a curb, sidewalk, building, trash enclosure or other hardscape improvement the hee shall be installed with an l8-inch by l0- foot root barrier installed in a linear fashion adjacent to the concrete improvement.
(6) Trees shall be planted in locations where they do not interfere with service lines, basic propefty rights of adjacent owners, or the right of solar access. (C) Shrubs.
(1) Shrubs and living ground covers shall be used in the city right-of-way in lieu of turf. Spacing of shrubs shall not exceed l20o/o of the mature size stated for the shrubs in the current edition of the Sunset Western Garden Book.
(2) Front, side and rear setback areas that abut public streets shall be planted with a combination of shrubs, groundcovers and mulches in such a manner that the landscape meets the water efficiency requirements elsewhere in this section.
(3) Shrubs and ground covers in setbacks shall be spaced at no more than 120%o of the mature size stated in the current edition of the Sunset Western Garden Book. (4) Unplanted mulch areas may comprise no more than3}%o of the planter area. Tree canopy over unplanted mulch areas is encouraged.
(5) Fifty ofthe shrubs and ground covers shall from be five-gallon containers or larger, the remainder shall be from one-gallon containers.
(6) Vines that self-cling shall be planted on all frontage masonry walls for graffiti control. (D) Turf.
(1) Turf (as defrned in $ I 0. 196.030) is only allowable in cases where the water budget will demonstrate that adequate inigation water is available. (2) Concrete mow strips shall separate all turf areas from planter beds on city-owned property. _ Page
Resolution 5286 tt
Tentative Subdivision Map- 2018-13- Oak Creek 3
(3) Turf beds shall be a minimum of ten feet in width unless irrigated wrth subsurface irrigation; turf may not be used in storm drainage ponds with slopes steeper than l:6 or on mounds or berms with slopes steeper than l:8, except as provided for by the Recreation and Parks Department. (4) Use of artificial turf on city-owned properly may be used subject to approval by the Recreation and Parks Director.
(E) Irrigation.
(1) All components of the inigation system and the inigation design must meet the water efficiency requirements elsewhere in this section, including:
(a) Low-volume systems (drip, low volume sprays, or individual bubblers) shall be used whenever feasible. In city-owned shrub areas low-volume inigation shall be installed using hard pipe underground with low volume sprays or bubblers above grade.
(b) Inigation for sports turf and recreational turf may use overhead irrigation subj ect to the restrictions elsewhere in this chapter.
(c) All inigation systems shall be equipped with an automatic Smart-controller with ET sensing, weather-sensing and with multiple cycle capabilities and a flexible calendar program. (d) Plants shall be grouped into hydro zones of like water requirements. (e) Sprinkler heads must have matched application rates within each control valve. (f) Sprinkler head spacing shall be designed for head-to-head coverage and placed at a maximum of 50% of the diameter of throw for square spacing and 60Yo for triangular spacing. (g) Overhead sprays shall not throw water onto hardscape, bare ground areas, or other non-planted areas, including sidewalks between landscaped areas. Inigation water must stay in landscape areas and not drain offto storm drains or gutters.
(h) Pop-up sprinklers must have a six-inch pop-up height and must clear all plant material and obstacles in their throw zone.
(i) Automatic rain shut-off devices shall be required on all inigation systems.

O One valve shall be dedicated to tree inigation and shall be able to run independently of any other irrigation valve.
(F) Mulch. (l) As required elsewhere in this chapter, a minimum of three inches of mulch is required in all nonturfplanters. (2) Mulch may be organic (such as bark, compost or straw) or mineral (such as cobble or decomposed granite).
(3) Mulch on city-owned property must be course ground cedar or redwood bark product. Dyed products are prohibited.
(4) Plastic or other non-porous sheeting is prohibited in city-owned and landscape and lighting District planters and discouraged elsewhere.
(G) Mounding.
(l) Mounds that contain turf or groundcover shall bc no stceper than l:8 and 1:5, respectively. Slopes steeper than l:8 may contain shrubs if this material is inigated with a drip or other low-volume system. (2) Incorporate compost into the mounds prior to compaction per g l0.l 96.063(AX3). Mounds shall be compacted prior to planting.
(H) Corner /ors. Landscape and irrigations plans for any development involving corner lots at project entries shall include additional special design requirements, including but not limited to the following: (l) Incorporate significant landscape or hardscape feature, inclutling spccimen hees; wall breaks, angled walls or walls with different material treatment; special signing or lighting or statue. (2) Specimen trees.
(3) Corner landscape and inigation plans shall be designed so that proper sight lines across the comer are maintained consistent with the Traffic Safety Sight Area as defined in g 10.212.030 (Definitions). (D Walls. Plans for development project walls facing public streets should include the following special design requirements, including but not limited to the following: (l) Wall material should vary. Caps, pilasters or comer segments of the wall should vary in appearance from the primary portion of the wall.
(2) Masonry walls shall be planted with vines in order to soften the appearance of the wall and discourage graffiti.
(3) Non-masonry fences facing public streets or property shall be set back from the back of walk a minimum of three feet and planted with shrubs or other plant materials.

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(J) Parking /ors. Parking lot plans for nonresidential developments serving 20 parking stalls or greater should include the following design requirements. These requirements will promote an attractive visual envfuonment, promote a transition between land uses, reduce energy consumption in buildings adjacent to parking lots, and decrease glare and high summer temperatures community-wide by reducing the amount of exposed pavement.
(1) Acombinationoflandscapingandlorlowwallsand/ormoundingshallbeinstalledbetweenthe parking lot and the street to screen the parking lot from view from the public right-of-way. (2) All parking lots with a capacity of 20 cars or more shall contain shade trees, which within ten years from installation, shall shade 50olo of the parking lot. All surfacing on which a vehicle can drive is subject to shade calculation, including parking stalls, drive aisles, and all maneuvering areas. Guidelines for shade calculations and a list of approved parking lot hees are contained in the Parking Lot Tree Shading Design Manual.
(3) For each ten parking spaces, a minimum of one 15-gallon or larger shade tree shall be installed, but more may be required to meet the 50% shading requirement, Trees shall be contained in tree wells or planters with an outside measurement of not less than five feet by five feet that are enclosed with a concrete curb not less than six inches high. Continuous planting islands between rows of cars are encouraged to allow for multiple tree plantings and increased soil volume for tree roots. (4) Shade trees planted within a parking lot should be evenly distributed throughout the lot. (5) Shrubs and trees shall be planted in locations that do not conflict with the front of cars that extend into a planter area. If within eight feet of the curb, trees shall be located aligned with parking lot stripes and shall be provided with root barriers as in division (B)(5) above.

A complete copy of the City's landscape standards may be viewed on-line at www.ci.tulare.ca.us. If there are questions regarding the above requirements or how they impact the specific project, please contact the City of Tulare, Recreation and Parks Department at 559-684-4310.

PAssED, APPROVED AND ADOPTED this ninth day of Jutv. 2018 by the following recorded vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

DEANNE ROCHA.

City of Tulare Planning Commission

SECRETARY
City of Commission
Resolution 5286 13
Tentative Subdivision Map- 2018-13- Oak Creek 3
_ Page
Subdivision Agreement 1
Final Map of Oak Creek No. 3

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
Oak Creek No. 3, in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )

SUBDIVISION AGREEMENT
FINAL MAP OF OAK CREEK NO. 3
THIS AGREEMENT is made this ______ day of _____________________ 2022, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and Quest Equity, LLC, a Nevada Limited Liability Company, located 1878 Mooney Blvd, Ste. J Tulare, CA 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 SUBDIVISION OF LOT 36 OF THE GREENS AT OAK CREEK NO. 1,

IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED AUGUST 5, 2020,
IN BOOK 44 PAGE 54 OF MAPS.

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.

C. Subdivider desires and agrees to complete the improvements required by Resolution No. 5286 for approving Tentative Subdivision Map 2018-13 Oak Creek 3 dated July 9, 2018 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.

Subdivision Agreement 2
Final Map of Oak Creek No. 3

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 [Vesting] 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:
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, v) Fully functional storm drainage lines and facilities, vi) All lots graded in accordance with the approved drainage plan, with a letter subject to City Subdivision Agreement 3
Final Map of Oak Creek No. 3

Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vii) All lot corners marked.
b) Subject to completion of the minimum required subdivision improvements listed in subsection (a) above, building permits may be issued on up to 50% of the lots of the Subject Property, provided that issuance of said building permits is in accordance with the Planning and Building Department’s policies and procedures in effect at the time the permit is requested. c) Building permits may be issued on up to 75% of the lots in the subdivision in accordance with the Planning and Building Department’s policies and procedures in effect at the time the permit is requested, provided that:
i) the minimum required subdivision improvements listed in subsection (a) above have been completed,
ii) an overall subdivision improvement completion percentage of 90% as determined by the City Engineer has been met, and
iii) all public safety items have been completed, including, but not limited to: signage, pavement markings, street lighting, and pond fencing.
d) The final 25% of the building permits for the lots of the Subject Property shall not be issued until a Notice of Completion has been filed for the required public improvements required by this Agreement.
e) 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, regardless of the number of building permits previously issued. f) Building permits shall not be issued in any subsequent phase of a multi-phased subdivision until a Notice of Completion has been filed for the previous phase. g) Except as allowed by the City’s Model Home Policies, no occupancy shall be allowed for any building permit issued on any lot of the Subject Property until all requirements listed in subsection (c) above have been satisfied.
7) 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”. 8) 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.

Subdivision Agreement 4
Final Map of Oak Creek No. 3

9) 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 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). 10) 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.
11) 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. 12) 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 Subdivision Agreement 5
Final Map of Oak Creek No. 3

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 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.
13) 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 insure 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. 14) 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. 15) 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.
16) 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. 17) Prevailing Wages. Subdivider shall:

a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for Subdivision Agreement 6
Final Map of Oak Creek No. 3

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”). 18) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 19) 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.
20) 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.
21) 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.
22) 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.
23) 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. 24) 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. 25) 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. 26) 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. 27) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and Subdivision Agreement 7
Final Map of Oak Creek No. 3

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.

CITY OF TULARE Quest Equity, LLC, a Nevada Limited Liability a Municipal Corporation Company
By: By:

Marc Mondell, City Manager
Print Name:

Print Title:

ATTEST:

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

Subdivision Agreement 8
Final Map of Oak Creek No. 3

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
Subdivision Agreement 9
Final Map of Oak Creek No. 3

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 15, 2017, in the office of the Tulare County Recorder, as Document No. 2017-0053552 of which the Deed of Trust in, by and between Great Valley Builders, Inc., a California Corporation, as Trustor, Chicago Title Company, a California Corporation, as Trustee and CRD Construction Co. Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Oak Creek 3.

DATED: ____________________, 20__

CRD Construction Co. Inc., a California Corporation

By: ________________________________________

Print Name:______________________________________

Print Title: _______________________________________

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

Subdivision Agreement 10
Final Map of Oak Creek No. 3

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

Subdivision Agreement 11
Final Map of Oak Creek No. 3

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 13, 2017, in the office of the Tulare County Recorder, as Document No. 2017-0063408 of which the Deed of Trust in, by and between Quest Equity, LLC, a Nevada limited liability company, as Trustor, Chicago Title Company, a California Corporation, as Trustee and D.R. Horton CA3, Inc., a Delaware corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Oak Creek 3.

DATED: ____________________, 20__

D.R. Horton CA3, Inc., a Delaware corporation

By: ________________________________________

Print Name: ______________________________________

Print Title: _______________________________________

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

Subdivision Agreement 12
Final Map of Oak Creek No. 3

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

Subdivision Agreement 13
Final Map of Oak Creek No. 3

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on October 13, 2017, in the office of the Tulare County Recorder, as Document No. 2017-0063409 of which the Deed of Trust in, by and between Quest Equity, LLC, a Nevada limited liability company, as Trustor, Chicago Title Company, a California Corporation, as Trustee and CRD Construction Co, Inc., a California Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Oak Creek 3.

DATED: ____________________, 20__

CRD Construction Co, Inc., a California Corporation

By: ________________________________________

Print Name: ______________________________________

Print Title: _______________________________________

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

Subdivision Agreement 14
Final Map of Oak Creek No. 3

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
EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
Oak Creek 3
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) $319,990.74 Payment Bond Amount*
(50% of Uncompleted Work) $159,995.37
Maintenance Bond Amount**
(10% of Required Improvements ) $31,999.07
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
Oak Creek 4
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 $17,101.81 010-3265 3060 Backflow Test $65.00 $0.00
010-3270-3 3073 Water Pressure Test 1 $175.00 $175.00
010-3270-004 3074 Water Purity Sample 4 $56.00 $224.00
010-3262 3040 Construction Water $0.00
015-3265 3420 Sewer Front Foot $0.00
010-3265 3060 Water Front Foot $0.00
001-3265 9260 Street Front Foot $0.00
001-3252-002 1472 S-37 Benefit District Creation $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) 3 $178.68 $536.04 001-3120-2 1252 Street Easement/Abandonment $0.00
TOTAL $18,036.85
LESS PREVIOUSLY PAID $0.00
LESS CREDITS $0.00
AMOUNT DUE $18,036.85
Non-Bonded Improvements
Other
EXHIBIT "C"
Oak Creek 3
Inspection, Testing and Construction:

Front Foot Fees
Benefit Districts
In-Lieu Fees
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 Oak Creek 3

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None AGENDA ITEM:

Adopt Resolution 2022-13 designating the intersections of Stockham Avenue at Spruce Street and Alpine Avenue at Spruce Street as all-way stop intersections, and authorizing the installation of corresponding stop control.

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

The intersections of Stockham Avenue at Spruce Street and Alpine Avenue at Spruce Street are currently designated as two-way stop intersections with eastbound and westbound traffic on Stockham and Alpine Avenues being required to stop. The posted speed limit on Spruce Street at both intersections is currently 40 mph. At both the Stockham Avenue and Alpine Avenue intersections, on-street parking is permitted all the way up to the curb returns located at the corners of the intersections. When vehicles are parked along Spruce Street, visibility of oncoming traffic is blocked for drivers stopped on both Stockham Avenue and Alpine Avenue.

In such instances, drivers attempting to enter the intersections do not have sufficient sight distance to see and react to vehicles traveling on Spruce Street at the relatively high speed of 40 mph. To provide sufficient sight distance, on-street parking along Spruce Street would need to be restricted approximately 445 feet on either side of Stockham Avenue and Alpine Avenue.

Forty-five properties would be affected by the on-street parking restrictions.

STAFF RECOMMENDATION:

AGENDA ITEM: Consent 7
CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

Funding is budgeted to cover the estimated $1,200 expense through the Street Department’s Maintenance Materials account.

Submitted by: Michael Miller Title: City Engineer
Date: March 28, 2022 City Manager Approval: ____________ RESOLUTION 2022-13

RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE DESIGNATING THE

INTERSECTIONS OF STOCKHAM AVENUE AT SPRUCE STREET AND ALPINE

AVENUE AT SPRUCE STREET AS ALL-WAY STOP INTERSECTIONS AND

AUTHORIZING THE INSTALLATION OF CORRESPONDING STOP CONTROL WHEREAS, the City of Tulare Engineering Services Department reviewed a request to review traffic safety conditions along the segment of Spruce Street between Bardsley Avenue and Birch Avenue; and
WHEREAS, an investigation was conducted by Engineering Services Department staff; and
WHEREAS, said investigation identified existing sight distance concerns at the intersections of Stockham Avenue and Spruce Street and Alpine Avenue and Spruce Street, and
WHEREAS, said investigation concluded that the installation of all-way stop control would be consistent with provisions of the California Manual On Uniform Traffic Control Devices regarding the installation of stop control at intersections with sight distance limitations, and would be beneficial to traffic safety at the subject intersections; and
WHEREAS, the Chief of Police and City Engineer concur with the findings of said investigation.

NOW, THEREFORE, BE IT RESOLVED as follows, to wit:

That the Public Works Director of the City of Tulare, or his designee, is hereby authorized to install stop control as follows:

1. The intersection of Stockham Avenue and Spruce Street is hereby designated as an all-way stop controlled intersection with traffic on all legs of the intersection being required to stop, and

2. The intersection of Alpine Avenue and Spruce Street is hereby designated as an all-way stop controlled intersection with traffic on all legs of the intersection being required to stop.

PASSED, ADOPTED, AND APPROVED this 5th day of April, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-13 Page 2
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 2022-13 passed and adopted by the Council of said city at a regular meeting held on April 5, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

Marc Mondell, City Clerk
By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt Resolution 2022-14 amending the City’s Non-Utility Position Control Budget (PCB) to reflect the positional and salary adjustments necessary to implement a minor organizational restructuring.

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

Over the past several months, the City Manager has spent substantial time meeting with City employees and Executive Team members to review the City’s organizational structure. The general conclusion is that the City functions in an efficient and customer service friendly manner. Thus, after careful analysis and consideration, only a few minor changes to the City’s organizational structure are going to occur as a result of the leadership transition. The purpose of this staff report is to describe the strategy behind the organizational changes and request Council approval of the positional and salary changes associated with them.

As projects are completed or as circumstances within or outside the organization change, so may the organizational chart. From time-to-time, divisions or functions may be placed directly in the City Manager’s office so focus can be placed on them until they are ready to be shifted elsewhere within the organization.

Overall Reorganization:

AGENDA ITEM: Consent 8
The City Manager, Deputy City Manager, and Economic and Community Development Director will be responsible for spearheading economic development activities throughout the City. All Departments will be responsible for providing assistance in maximizing economic development opportunities throughout the City.

In addition to the organizational reporting shifts mentioned above, the following specific changes will also occur:
• The Code Enforcement Division will move to the Office of Safety, Compliance and Facilities which will also be responsible for documenting and resolving traditional and non-traditional issues of blight throughout the City.
• The Fleet Division and Transit functions will move to Public Works. • Information Technology will be responsible for growing a more robust geographic information system, coordinating grants throughout the organization, and facilitating the Technology Committee which is to review all software and technology requests as well as promote efficiency throughout the organization.
• Community Services will be responsible for developing and managing the Amphitheater Concert Series and Homeless Shelter once completed.
• The Building Division will move to Economic and Community Development and a Permit Center will be established. This will include a minor renovation to the front counter to improve customer service.
• The Project Management Division of the Engineering and Project Management Department will be responsible for overall ARPA funding and implementation coordination. All Departments will be responsible for providing assistance.

STAFF RECOMMENDATION:

Adopt Resolution 2022-14 amending the City’s Non-Utility Position Control Budget (PCB) to reflect the following:

1. Delete the classification and allocation of one (1) General Services Manager (salary code 2094, $6,870.95-$8,351.69/month).

2. Delete the classification and allocation of one (1) Information Technology Manager (salary code 2110, $7,591.66-$9,227.73/month).

3. Delete the allocation of one (1) Department Assistant I.

4. Delete the allocation of one (1) ½ time Accounting Assistant.

5. Delete the allocation of one (1) ½ time Department Assistant I.

6. Delete the allocation of one (1) Senior Planner.

7. Change the salary range of the Senior Project Manager classification (salary code 2217, from $8,538.50-$10,378.61/month to $8,794.66-$10,689.97/month).

8. Add the classification and allocation of one (1) Safety, Compliance and Facilities Officer (salary code 2185, $8,378.89-$10,184.61/month).

9. Add the classification and allocation of one (1) Chief Technology Officer (salary code 2022, $8,538.50-$10,378.61/month).

10. Add the classification and allocation of one (1) Senior Housing and Grants Specialist (salary code 2205, $5,828.22-$7,084.23/month).

11. Add the classification and allocation of one (1) GIS Systems Analyst (salary code 2096, $6,870.95-$8,351.69/month).

12. Add the classification and allocation of one (1) City Planner (salary code 2025, $8,538.50-$10,378.61/month).

13. Add the classification and allocation of one (1) Permit Center Coordinator (salary code 3369, $5,274.91-$6,411.69/month).

14. Add the classification and allocation of one (1) Building Technician (salary code 3082, $4,009.42-$4,873.46/month).

15. Add the allocation of one (1) Administrative Assistant.

16. Add the allocation of one (1) Associate Planner.

17. Add the allocation of one (1) Permit Technician.

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

N/A
Submitted by: Marc Mondell Title: City Manager
Date: March 28, 2022 City Manager Approval: ____________ RESOLUTION 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE AMENDING THE CITY’S NON-UTILITY POSITION CONTROL BUDGET AND SALARY

SCHEDULE
WHEREAS, the Position Control Budget (PCB) sets the authorized positions for the fiscal year; and
WHEREAS, staff has identified needed compensation adjustments, position deletions and additions, and classification changes to the PCB and to the City’s established salary schedule.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Tulare that the following changes to the City’s Utility Position Control Budget (PCB) are hereby adopted.

1. Delete the classification and allocation of one (1) General Services Manager (salary code 2094, $6,870.95-$8,351.69/month).

2. Delete the classification and allocation of one (1) Information Technology Manager (salary code 2110, $7,591.66-$9,227.73/month).

3. Delete the allocation of one (1) Department Assistant I.

4. Delete the allocation of one (1) ½ time Accounting Assistant.

5. Delete the allocation of one (1) ½ time Department Assistant I.

6. Delete the allocation of one (1) Senior Planner.

7. Change the salary range of the Senior Project Manager classification (salary code 2217, from $8,538.50-$10,378.61/month to $8,794.66- $10,689.97/month).

8. Add the classification and allocation of one (1) Safety, Compliance and Facilities Officer (salary code 2185, $8,378.89-$10,184.61/month).

9. Add the classification and allocation of one (1) Chief Technology Officer (salary code 2022, $8,538.50-$10,378.61/month).

10. Add the classification and allocation of one (1) Senior Housing and Grants Specialist (salary code 2205, $5,828.22-$7,084.23/month).

11. Add the classification and allocation of one (1) GIS Systems Analyst (salary code 2096, $6,870.95-$8,351.69/month).

12. Add the classification and allocation of one (1) City Planner (salary code 2025, $8,538.50-$10,378.61/month).

13. Add the classification and allocation of one (1) Permit Center Coordinator (salary code 3369, $5,274.91-$6,411.69/month).

RESOLUTION 2022-14 Page 2

14. Add the classification and allocation of one (1) Building Technician (salary code 3082, $4,009.42-$4,873.46/month).

15. Add the allocation of one (1) Administrative Assistant.

16. Add the allocation of one (1) Associate Planner.

17. Add the allocation of one (1) Permit Technician.

PASSED, APPROVED, AND ADOPTED this 5th day of April, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-14 Page 3
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, do hereby certify the foregoing is the full and true Resolution 2022-14 passed and adopted by the Council of said city at a regular meeting held on April 5, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

Marc Mondell, City Clerk
By: Melissa Hermann, Chief Deputy City Clerk
City of Tulare
Proposed Reorganization 2022
Note: Portions of the proposed reorganization are subject to City Council approval and therefore subject to change Finance
Darlene Thompson,
Director
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CAFER
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Mario Zamora, City Attorney
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Traci Myers, Director
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Michael Miller, Director
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Doyle Sewell, Chief
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Janice Avila, Director
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Trisha Whitfield,
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Josh McDonnell, Deputy City Manager
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CITY COUNCIL
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and Facilities
Manny Correa, Officer
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CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Fire
For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Authorize City staff to use the Prosperity Sports Park Clubhouse as the primary location for a cooling and warming center with the Claude Meitzenheimer Community Center as a secondary location if the primary location is unavailable.

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

The Prosperity Sports Park Clubhouse and Claude Meitzenheimer Community Center are both City owned facilities and can accommodate up to 100 occupants. Both locations have bus stops nearby, allowing people to take public transportation if they do not own a vehicle.

City staff would open the centers based on the National Weather Service seven-day forecast.

If temperature is projected to reach 105 degrees Fahrenheit or higher, the cooling center will be activated. If the temperature is projected to be 29 degrees Fahrenheit or lower, the warming center will be activated. The activations will be publicized via City of Tulare social media and through public service announcements (PSA) on local radio stations.

Security will be critical to the success of any heating or cooling center activation. Security will allow the citizens and staff to feel safe while occupying these facilities. The city will contract with a private security company for these services. The decision to activate the cooling or warming center from the seven-day forecast will leave adequate time to inform the public and secure security in time for the event.

STAFF RECOMMENDATION:

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

To be determined
Submitted by: Doyle Sewell Title: Interim Fire Chief
Date: March 28, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 9

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: April 5, 2022
Documents Attached: ☒Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Consideration and possible approval of Ordinance 2022-01 for the approval of a Development Agreement with Valley Pure.

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

The City desires to enter into the attached Development Agreement with Valley Pure. Valley Pure is a retail cannabis business with multiple locations throughout the Central Valley.

The Development Agreement attached facilitates the use of the property as a retail cannabis business and formalizes their community benefits.

Valley Pure has agreed to the following community benefits:
i. A one-time donation of one hundred thousand dollars ($100,000.00) within thirty (30) days of the City’s issuance of the CCL to Developer for the City’s purchase of two fully equipped police vehicles;
ii. An annual donation of twenty-five thousand dollars ($25,000.00) to the Tulare Joint Union High School District on behalf of the Parties;
iii. An annual donation of ten thousand ($10,000.00) for use on Centennial Park; iv. An annual donation of ten thousand ($10,000.00) to the Tulare Public Library; and v. An annual donation of five thousand ($5,000.00) for use on the Santa Fe Trail.

Pursuant to Government Code section 65867.5, the City Council must pass an ordinance for the approval of the Development Agreement.

STAFF RECOMMENDATION:

Pass to print Ordinance 2022-01 for the approval of a Development Agreement with Valley Pure.

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

Submitted by: Mario Zamora Title: City Attorney
Date: March 28, 2022 City Manager Approval: ____________ AGENDA ITEM: Gen. Bus. 1(a)
ORDINANCE 2022-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE ADOPTING

THE DEVELOPMENT AGREEMENT WITH VALLEY PURE REGARDING A RETAIL

FACILITY FOR RECREATIONAL CANNABIS SALES
The City Council of the City of Tulare does ordain as follows:

WHEREAS, the City Council of the City of Tulare desires to allow certain retail cannabis facilities to operate within the City boundaries.

WHEREAS, Valley Pure was selected by the City Council of the City of Tulare to receive a retail permit on August 17;
WHEREAS, Valley Pure has agreed to certain terms in a development agreement with the City including community benefits for the development of property located at 1759 Retherford Street, Tulare, CA 93274 as a retail cannabis facility.

WHEREAS, pursuant to California Government Code section 65867, the City must hold a public hearing for the adoption of any development agreement.

WHEREAS, pursuant to California Government Code section 65867.5, the City must also pass an ordinance for the approval of any development agreement.

WHEREAS, the City Council for the City of Tulare has held a public hearing on April 5, 2022 for the approval of the development agreement and adoption of this ordinance.

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

Following a public hearing on the development agreement provided in the agenda with Valley Pure for the use of the property located at 1759 Retherford Street, Tulare, CA 93274 as a retail cannabis facility, the City Manager is authorized to execute any and all documents necessary for the approval of the development agreement.

PASSED, ADOPTED, AND APPROVED this 5th day of April, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare

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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the “Development Agreement”) is made and entered into this _____ day of ______________, 2022 (the “Record Date”), by and among the City of Tulare, a municipal corporation organized and existing under the laws of the State of California (the “City”), and GSFH, LLC (“Owner”), and Valley Pure Tulare, LLC, a California limited liability company, (“Developer”). The Parties to this Development Agreement may be referred to hereinafter individually as a “Party” or jointly as the “Parties.”

RECITALS
A. Gov. Code, §§ 65864 et seq., provides that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. As part of Developer’s ongoing business, which is permitted by the City and licensed by the State of California for retail cannabis sales, Developer requests for approval of this Development Agreement.

B. As of the date of this Development Agreement, Owner is the owner of certain property (the “Property”) located in the City of Tulare, County of Tulare, with a legal description of Parcel 2, Parcel Map No. 4710 PM 48-15, more fully described in “Exhibit A” attached hereto. Concurrent with the effectiveness of this Agreement, Owner has leased the Property to Developer for the uses contemplated herein.

C. Developer and the City desire to enter into this Development Agreement in order to facilitate the use of the Property as a retail cannabis business (the “Project”). The entirety of the process of physically changing the Property and/or any existing improvements on the Property, or otherwise changing the Property in order to facilitate the Project, including, without limitation, predevelopment activities, entitlements, permits, licensing, environmental review, obtaining a Commercial Cannabis License (CCL), negotiating this Development Agreement, site clearance, remediation, construction, alterations, and similar legal or practical requirements shall be referred to herein as the “Development.”
D. The City has conducted one or more duly noticed public hearings on this proposed Development Agreement pursuant to Gov. Code, § 65867 and has found that the provisions of this Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan as amended. Prior to or concurrently with its approval of this Development Agreement, the City Council of the City (the “City Council”) has also approved the environmental review undertaken by the City in accordance with the California Environmental Quality Act.

E. The Development of the Project has been found by the City to provide substantial public benefits and to help attain certain public objectives. The public benefit objectives furthered by the development of the Project include, without limitation: (i) providing a long-term source of employment opportunities; (ii) revitalization of the economic base of the community; (iii) providing funds for the City’s general fund through payment of Additional Revenues, as defined hereinafter (collectively, the “City’s Goals”).

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F. Certain development risks and uncertainties associated with the long-term nature of the Development could discourage and deter Developer from making the long-term commitments necessary to fully develop the Property. Therefore, the Parties desire to enter into this Development Agreement in order to reduce or eliminate uncertainties to such development over which the City has control.

G. The Project and the use that Developer proposes in connection with the Property have been reviewed and considered by the City and its officers, agencies, and departments, and such proposed Project and use have been found to accommodate the City’s recommendations and suggestions in order to protect the public’s interest and to enhance the desirability, from the public’s perspective, of such proposed Development and use.

H. As permitted by law, the City and Developer desire to establish development standards for the entire build-out period of the Development.

I. The City recognizes that Developer and Owner may sustain substantial losses if the City were to default in its obligations or commitments herein undertaken, including without limitation the substantial investment made by Developer to plan and obtain licenses for the Development.

The terms and conditions of this Development Agreement have been found to be fair, just, and reasonable, and the City has concluded that the pursuit of this Development will serve the best interests of its citizens and the public health, safety, and welfare will be best served by entering into this obligation. The City acknowledges that Developer would not consider or engage in the Development without the assurances of development entitlements that this Development Agreement is designed to provide.

K. This Development Agreement will promote and encourage the development of the Property by providing Developer with a greater degree of certainty of the Developer’s ability to expeditiously and economically complete the development effort, and the Parties agree that the consideration to be received by the City pursuant to this Development Agreement and the rights secured to the Developer hereunder constitute sufficient consideration to support the covenants and agreements of the City and Developer. By entering into this Development Agreement, the City desires to allow the Development pursuant to the Development Agreement utilizing the land-use ordinances, rules, regulations and policies applicable on the Effective Date, as defined in Section 3 of this Development Agreement and, pursuant to this Development Agreement, to vest in Developer and Owner, to the fullest extent possible under the law, all development entitlements required as of the Effective Date by the City in order to complete the Development. //

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TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Parties do hereby agree as follows:

1. Binding Effect of Development Agreement. This Development Agreement pertains to the Property. The burdens of the Development Agreement are binding upon, and the benefits of the Development Agreement inure to, all successors-in-interest of the parties to the Development Agreement, and constitute covenants that run with the Property, and in order to provide continued notice thereof, a memorandum evidencing this Development Agreement will be recorded by the parties with the Tulare County Clerk-Recorder’s Office at such time as it becomes effective.

2. Benefits to the City. As and for the primary consideration to the City for entering into this Development Agreement, it is agreed by the Parties that the benefits to the City may include the Additional Revenues (as defined below).

3. Effective Date / Term.
a. Effective Date. The “Effective Date” of this Development Agreement shall be _________________________, 2022.
b. Term. Subject to earlier termination as hereinafter provided, the term (“Term”) of this Development Agreement shall begin on the Effective Date and shall terminate on the last day of any consecutive three (3) month period where the Property is not open seventy-five percent (75%) of established Normal Operating Hours (defined below) except for closures due to casualty, condemnation, building repairs, Acts of God, governmental shutdowns, COVID-19 or other public health event, or force majeure causes. Unless otherwise specified, the obligations herein and the rights herein shall remain in full force and effect throughout the Term.
“Normal Operating Hours” shall mean Monday through Sunday 8:00 a.m. to 8:00 p.m., unless otherwise posted.

4. Development Approval. The following elements of the Project are hereby approved:
a. Permitted Uses of the Property. The Parties agree that the Developer’s Project and use of the Property are currently permitted by the City and State of California. Notwithstanding any other terms and conditions contained herein, this Development Agreement is subject to the right of the City to: (i) take appropriate action to abate any public nuisance, excluding the Developer’s Project and use at the Property, which is the retail sale of cannabis; (ii) to enforce all laws that do not conflict with Existing Development Regulations, as defined hereinafter; (iii) to enforce compliance with the conditions of approval expressed in any Commercial Cannabis License (“CCL”) issued by the City with respect to the Project (and notwithstanding anything to the contrary contained herein or in the Tulare Municipal Code); (iv) to enforce the obligations and requirements of this Development Agreement; and (v) to exercise the police powers of the City in order to safeguard the health, safety, and wellbeing of the public, excluding the Developer’s Project and use at the Property, which is the retail sale of cannabis.

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Nothing in this Development Agreement shall be construed to prohibit uses other than the Project on the Property, provided such other uses are in conformity with: (i) the provisions of this Development Agreement; and (ii) the ordinances, regulations and standards of the City as they may from time to time be amended. The vested rights granted to Developer under this Development Agreement apply only to the Project and the use of the Project approved herein. b. Development Standards. The City agrees to allow Development of the Project in accordance with the Existing Development Regulations as defined in Section 9 of this Development Agreement and any CCL. The purpose of this provision is to limit changes to the City’s development standards as of the Effective Date.

5. Processing of Application and Permits. The City and its officers, agencies and departments shall not unreasonably delay the processing of any application for any permit or approval necessary to commence or complete the Development.

6. Building Permits. It is understood by the Parties to this Development Agreement that pursuant to the City’s Building Code, building permit applications and issued building permits do not remain valid for the term of this Development Agreement, but only for the term set by the Building Code. Accordingly, the Developer shall have the right to file new building permit applications for the Development or any portion thereof where such previously approved building permit applications or issued building permits have expired, provided no Certificate of Occupancy has been issued with respect to the relevant portion of the Project. Any such new building permit applications filed for the Development shall be reviewed in accordance with this Development Agreement. However, any alternations or modifications to the Project or any separate portion thereof, which occur during the Term, but after the Project is completed and issued its initial Certificate of Occupancy, will be subject to whatever building codes and standards as are in effect at the time of application for building permits, as well as the fees then in effect.

7. Development Review. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law and to conduct its development review of any specific improvements proposed for the Development pursuant to the applicable provisions of state law; provided, however, no such review shall authorize or permit the City to impose any condition and/or withhold approval of any proposed building the result of which would be inconsistent with any term or provision of this Development Agreement.

8. Vesting of Development Rights.
a. General Statement. As a material inducement to Developer to continue with diligent efforts to promote the Development of the Property, the City agrees that all development rights and the permitted uses identified herein which may be required to develop to completion the Project consistent with this Development Agreement, are deemed vested in Developer for the benefit of the Property, as of the Effective Date of this Development Agreement, to the greatest extent permitted by law, and are free of all discretionary rights of the City or any body or subsequent building moratorium, ordinances, rules, regulations, policies, or restrictions on development that are inconsistent with this Development Agreement.

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b. Existing Rules to Govern. In accordance with the terms of Gov. Code § 65866, and except as specified herein, the City and Developer agree that the General Plan provisions, ordinances, rules, regulations, and official policies of the City in effect as of the date of this Development Agreement governing the design, density, and permitted land uses applicable to the Development (collectively, the “Existing Development Regulations”) shall govern during the Term of this Development Agreement. The City shall not, in subsequent actions applicable to the Property or the Development, apply general plan provisions, ordinances, rules, regulations, or policies that conflict with the Existing Development Regulations, except with the mutual consent in writing of the City’s Manager and the Developer. Except as otherwise provided in this Development Agreement, no amendment to, revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of the City Manager and the Developer, whether adopted or approved by the City Council or any office, board, commission, or other agency of the City, or by the people of the City through charter amendment, referendum, or initiative measure or other vote, shall be effective or enforceable by the City with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule, or development.
c. Exclusions from “Existing Development Regulations.” As used in this Development Agreement, “Existing Development Regulations” shall not include municipal laws and regulations that do not conflict with Developer’s vested rights to develop and use the Property in accordance with this Development Agreement. Developer and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter.
d. Subsequent Measures. Consistent with (a) and (b), above, the City, Owner and Developer specifically agree that any subsequently enacted initiatives, referendums, or amendments to the General Plan and/or Zoning Ordinance that by their terms are intended to, or by operation having such effect or that otherwise conflict with the terms of this Development Agreement, or limit the timing or phasing of the Development or the use of the Property as provided in this Development Agreement shall have no application to the Development.

Notwithstanding any such measures, the mitigation measures required for the Development are limited to those established by this Development Agreement.

9. Developer’s Obligations Regarding Property.
a. Transfer. Developer and Owner may transfer any interest or right under the terms of this Development Agreement, and any interest of any kind in the Property or the Project, or any of the businesses contemplated by the Parties (the “Businesses”), at any time without the requirement to obtain consent of the City, provided that the proposed transferee and the transfer meet the requirements of state law and the City’s ordinances as they pertain to businesses and activities as applicable to the transfer of the Businesses. The City consents to any transfer of Developer’s Licenses, as defined in Section 9(b)(i) below, so long as such transfer is permitted by state law, and nothing herein is meant to restrain the owner from leasing, transferring, hypothecating, mortgaging, assigning, or otherwise using the real estate as collateral for Owner’s use and benefit.

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b. Operate Project. Developer is obligated, after the Effective Date, to operate the Project as provided herein and in the CCL, and a failure to do so is inconsistent with the City’s Goals and shall be a breach of this Development Agreement.
c. Components of Project. Developer leases the Property and has developed and is legally operating the Project. However, various component businesses located on the Property may be owned by other entities to operate various other Businesses, including those related to the Project (the “Tenants”). The following will apply with respect to the Tenants and their relationship to Developer.
i. Any Tenant, as well as Developer, will be responsible for obtaining and maintaining any required license with respect to the nature of its business as required by state law and the ordinances of the City (“Licensing” or “Licenses”). ii. Developer may lease portions of the Property to Tenants, which may operate one or more Businesses on the Property, including those related to the Project. All of the provisions of this Development Agreement pertain to Developer as an operator of a Business, and apply equally to the Tenants if those Tenants operate a Business related to the Project, even if Developer is ultimately not an operator of the Project, and to Developer in its business role as the sublessor of the Property and/or the Project. Developer covenants that all Tenants conducting Businesses associated with the Project on the Property will be businesses subject to Licensing directly with the City in order to come under the purview of this Development Agreement and must comply with all City zoning and permit requirements. Developer covenants and agrees to include an express acknowledgement and assumption of each Tenant’s respective obligations under this Development Agreement in a lease of any portion of the Project or Property to any Tenant conducting a Business specifically associated with the Project. Notwithstanding the foregoing, it is understood and agreed that portions of the Property may be leased to other businesses not associated with or involved in the Project as the leasing market may require, and that such businesses are not subject to this Development Agreement or the payment of Additional Revenues. Nothing in this paragraph is meant to modify the City’s authority to regulate land use, enforce regulations, or otherwise regulate or provide any land use entitlement. d. Additional Community Benefits. Developer or Tenant(s) as applicable shall pay all applicable City taxes, including those agreed upon fees assessed against retail dispensaries of five percent (5%) of gross revenue, paid within fifteen (15) days of the end of every calendar quarter , or any applicable local tax (the “Additional Revenues”). In addition, Developer shall provide to the City the following:
i. A one-time donation of one hundred thousand dollars ($100,000.00) within thirty (30) days of the City’s issuance of the CCL to Developer for the City’s purchase of two fully equipped police vehicles;
ii. An annual donation of twenty-five thousand dollars ($25,000.00) to the Tulare Joint Union High School District on behalf of the Parties;
iii. An annual donation of ten thousand ($10,000.00) for use on Centennial Park;

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iv. An annual donation of ten thousand ($10,000.00) to the Tulare Public Library; and v. An annual donation of five thousand ($5,000.00) for use on the Santa Fe Trail.

Provided, however, Developer’s obligation to pay the Additional Revenues, as defined herein and under this Development Agreement, shall immediately cease on the first day a voterapproved or regulatory tax is implemented for the taxation of the retail sale of cannabis. e. Lawfulness of Activities. In entering into this Agreement and processing the CCL, the City makes no guarantees or promises as to the lawfulness of the proposed operations under State or federal law. Developer is obligated to comply with all applicable State and City laws.

To the fullest extent permitted by law, City shall not assume any liability whatsoever with respect to approving the Ordinance, a Regulatory Permit for Developer, or any other operation approved by City.
f. Compliance with Laws. Developer shall operate the Project in conformity with all applicable State and local laws, State labor standards, City zoning and development standards, conditions of approval, building, plumbing, mechanical and electrical codes, all provisions of the Tulare Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq., with respect to the Project.

10. Assignment/Release. This Development Agreement shall not be severable from Developer’s interest in the Property and the Development. Any transfer of a portion of the Property, including the improvements thereon, shall automatically operate to transfer the benefits and burdens of this Development Agreement in respect of such portion, subject to compliance with all other State and local laws and regulations.
a. Termination by Developer and Release of Developer. Developer may terminate this agreement at any time for any reason whatsoever, provided that Developer provides prior written notice to the City specifying the date such termination shall take effect. Upon such termination, Developer and City shall be released from their respective obligations under this Development Agreement, except to the extent any such obligations expressly survive the termination of this Agreement. In connection with a termination pursuant to this Section 10 City agrees to execute any such documents reasonably requested by Developer evidencing such termination and release.

11. Other Documents. Each of the Parties, the City, Developer and the Owner, agrees to execute any documents reasonably required in order to effectuate the intent and requirement of this Development Agreement.

12. Periodic Review of Compliance. In accordance with Gov. Code, § 65865.1, the City Council shall review this Development Agreement at least once each year, Developer must demonstrate its good-faith compliance with all of the terms of this Development Agreement.

Developer agrees to furnish such evidence of good-faith compliance as the City, in the reasonable exercise of its discretion and after reasonable notice to Developer, may require.

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a. Developer Compliance. Developer shall be deemed in compliance with this Development Agreement if it has paid the Additional Revenues and is not in breach of this Development Agreement.
b. Compliance Factors. In addition to compliance with this Development Agreement, the following may, either alone or in coordination with one or more other factors, constitute factors which shall permit the City to terminate Development Agreement:
i. Breach of any provision or requirement set forth in the CCL; and ii. Breach of any state law or, except as otherwise set forth herein, any non-conflicting City ordinance;
Any default in the terms of this Development Agreement that continues after written notice of breach and the lapse of sixty (60) days from the date of that notice, unless cure reasonably requires more than sixty (60) days, in which case if cure is not commenced with said sixty (60) day period and diligently pursued to completion without unnecessary delay, is a breach of this Development Agreement.

13. Enforcement. Unless sooner terminated, as provided herein, this Development Agreement shall continue to be enforceable by any Party.

14. Indemnity. Developer shall defend, indemnify, assume all responsibility for, and hold City and its officers, agents, employees, and volunteers, harmless from all actual out-of-pocket claims, demands, damages, defense costs or liability arising from or related to any State or federal law enforcement action against Developer, Developer's tenants, subtenants, licensees, contractors and employees in connection with the Project, conditional use permit, CEA compliance and regulatory permit issuance. Developer's indemnity shall not extend to any loss of revenue suffered or incurred by City in connection with any termination, cessation, restriction, seizure, or other limitation of the Project.

15. Enforced Delay and Extension of Times of Performance. Except as otherwise provided by specific provisions of this Development Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to:
a. Outside Factors. War, insurrection, civil commotion, riot, pandemic, flood, severe weather, earthquake, fire, casualty, acts of public enemy, acts of God, governmental restriction, litigation (including, without limitation, litigation contesting the validity, or seeking the enforcement or clarification of, this Development Agreement whether instituted by Developer, the City or any other person or entity), acts or failures to act of any governmental agency or entity; or
b. Development Factors. Inability to secure necessary labor, materials or tools, strikes, lockouts, other labor disputes, or delays of any contractor, subcontractor, or supplier. c. Extensions. An extension of time in writing for any of the causes set forth in Sections 15(a) and (b) above shall be granted for the period of the enforced delay if of a known duration, or longer as mutually agreed upon, or for a reasonable time as determined by the City if the

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parties cannot agree, which period shall commence to run from the time of commencement of cause.

16. Notices.
a. Procedure. Any and all notices, demands or communications submitted by either Party to the other Party pursuant to or as required by this Development Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by a nationally known overnight service (e.g. Federal Express) or by registered or certified United States mail, postage prepaid, return receipt requested, to the location designated below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate as provided in this Section. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, on the day following dispatch by overnight service or two (2) calendar days after it is placed in the United States mail as heretofore provided.
b. Location. All notices, demands or communications to a Party shall be sent to:

To Owner:

To Developer:

With a copy to:

To City:

With a copy to:

GSFH, LLC c/o Bruce Kopitar
1099 W. Ropes Avenue
Woodlake, California 93286
Valley Pure, LLC
132 N. Valencia Blvd
Woodlake, CA 93286
Matthew W. Quall
205 East River Park Circle, Suite 110
Fresno, CA 93720
[email protected]
Marc Mondell, City Manager
City of Tulare
411 East Kern Ave
Tulare, CA 93274
[email protected]
Mario U. Zamora
Griswold, LaSalle, Cobb, Dowd & Gin, LLP
111 E. 7th Street
Hanford, CA 93230
[email protected]
c. Address Changes. Notice of a change of address shall be delivered in the same manner as any other notice provided herein, and shall be effective three days after mailing by the above-described procedure.

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17. Default.
a. Developer’s Default. Developer shall be in default under this Development Agreement upon any uncured breach of the CCL or this Development Agreement. b. City’s Default. The City shall be in default under this Development Agreement if it shall:
i. Fail to comply in good faith with the requirements hereof regarding the permitted development standards and uses specified herein, or any other express obligation of the City under this Development Agreement; or
ii. Expressly repudiate, refuse, or renounce this Development Agreement in writing after a majority vote of the City Council so deciding; or c. Any of the foregoing breaches, after notice and a failure to cure within the prescribed time, shall be a material breach of the Development Agreement (a “Breach”).

18. Procedure Upon Default.
a. Establishing Breach. Notwithstanding any provision of this Development Agreement to the contrary, except for a Party’s express written repudiation of this Development Agreement by Developer (only), for which no notice is required, a Party shall not be deemed to be in breach under this Development Agreement, and the non-defaulting Party may not exercise its remedies under this Development Agreement unless it first delivers (in accordance with the Notice provisions in Section 16 above) a written notice of each default claimed to the defaulting Party, which shall specify the nature of each such default. If each such default is not cured by the defaulting Party within sixty (60) days of service of such notice of default, or with respect to defaults that cannot be cured within such period, if the defaulting Party fails to commence to cure the default within the sixty (60) notice period, or thereafter fails to diligently pursue the cure of each default until completion, then a Breach exists. b. Irreparable Harm. In the event a Breach occurs, irreparable harm is likely to occur to the non-breaching Party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Development Agreement is a proper and desirable remedy.
c. No Damages. Subject to Section 20 below, in no event shall either Party be entitled to damages against the other Party based on the other Party’s Breach, except for recovery by the City of accrued but unpaid Additional Revenues.

19. Entire Agreement. This Development Agreement and the Exhibits therein contain the entire agreement between the Parties, and is intended by the Parties to completely state the Development Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Development Agreement, is null and void.
//

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20. Remedies.
a. Developer’s Remedies. In the event of a Breach by the City, Developer shall have the right to seek a writ of mandate or order of specific performance against the City compelling it to comply with its obligations under the Development Agreement or available in law or equity.

Notwithstanding anything to the contrary contained herein, in connection with a breach of Sections 4 through 9 by the City, Developer shall expressly be entitled to recover special, incidental, and consequential damages.
b. City’s Remedies. In the event of a Breach by Developer, the City shall have the same remedies as afforded to Developer in the foregoing subsection, together with such other rights and remedies as specifically provided in this Development Agreement or available in law or equity.

21. Severability. If any term, provision, condition, or covenant of this Development Agreement, or the application thereof to any Party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenants or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permitted by law.

22. Attachments. Exhibit “A” attached to this Development Agreement is incorporated by reference and made a part hereof.

23. Recitals. All recitals are made a part of this Development Agreement.

24. Relationship of the Parties. It is hereby specifically understood and acknowledged that the Project is a private project and that neither the City nor Developer will be deemed to be the agent, partner, or co-venturer of the other for any purposes whatsoever.

25. Additional Documents. The Parties each agree to execute any additional forms, notices, applications, or other documents that are reasonably necessary to carry out the intent of this Development Agreement.

26. Venue. Any legal action must be instituted in the Superior Court of the County of Tulare, State of California. In no event shall either Party be permitted to pursue any legal action in any federal court.

27. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Development Agreement.

28. Cumulative Remedies. Except with respect to any rights and remedies expressly declared to be exclusive in this Development Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any non-defaulting Party.

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29. No Consideration to any Third Party. Each of the Parties warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section, shall not include persons to whom fees are paid for professional services if rendered by attorneys, financial or other consultants, accountants, engineers, architects and the like when such fees are considered necessary by the Party. For the purposes of this paragraph, third parties shall include any elected official, officer, employee, or agent of the City. This warranty includes each Party’s assurance that it has not employed any licensed real estate broker or salesperson, or other person, licensed or unlicensed, to whom a commission or other form of compensation is due.

30. No Personal Liability. No member, officer, employee, agent, or attorney of Developer or the City shall be personally liable to the any other Party, its members or principals, or any successor in interest, or any other party or person whatsoever, in the event of any default or breach by said it for any amount which may become due to another Party or to its successors, or on any obligations under the terms of this Development Agreement, except for gross negligence or willful acts of such member, officer or employee, unless said person has entered into an express written agreement to be liable.

31. Independent Legal Advice/Interpretation of Agreement. Each Party represents and warrants the following; it has carefully read this Development Agreement, and in signing this Development Agreement, and agreeing to be bound by the same, it has received independent legal advice from legal counsel as to the matters set forth in this Development Agreement, or has knowingly chosen not to consult legal counsel as to the matters set forth in this Development Agreement, and it has freely signed this Development Agreement and agreed to be bound by it without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or its officers, agents, employees, or attorneys, except as specifically set forth in this Development Agreement, and without duress or coercion, whether economic or otherwise.

This Development Agreement shall be interpreted as though prepared jointly and severally by both of the Parties.

32. Costs and Attorneys’ Fees. In the event that any Party institutes an action or proceeding for a writ of mandate or declaration of the rights of the Parties under this Development Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of this Development Agreement or the transactions contemplated hereby, or in the event any Party is in Breach of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing Party shall be entitled to its actual attorneys’ fees and to any court costs incurred, in addition to any other damages or relief awarded, including those incurred in connection with (a) an assertion of any affirmative defense in connection with such action, (b) any appellate review of the judgment rendered in such action or of any other ruling in such action, or (c) any proceeding to enforce a judgment in such action.

33. Successors. This Development Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns.

34. Integration. This Development Agreement integrates all of the tenns and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

35. Waivers; Amendments. All waivers of the provisions of this Development Agreement and all amendments hereto must be in writing and signed by the appropriate representatives of the Party making the waiver. All approvals waivers or amendments by the City shall require the advance approval of the City Council of the City.

36. Headings. Titles or headings of sections, paragraphs or provisions of this Development Agreement are provided as an aid and are to be considered part of the Agreement itself.

IN WITNESS WHEREOF, the undersigned have executed this Development Agreement as of the day and year first above-written.

CITY:

CITY OF TULARE
By: _____ _______ _
Marc Mondell, City Manager
ATTEST:

By: ------------- City Clerk
APPROVED AS TO FORM:

By:-------------
Mario U. Zamora, City Attorney
OWNER:

GSFH, LLC ~
By: i3 ,~¥-Zb22-
Bruce Kopitar, Owner
DEVELOPER:

Valley Pure Tulare, LLC
By: -==~=====rl~:__:::__...::_
Bruce Kopitar, Owner

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EXHIBIT “A”
To
Development Agreement

PROPERTY DESCRIPTION

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: April 5, 2022
Documents Attached: ☒Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Consideration and possible approval of Ordinance 2022-02 for the approval of a Development Agreement with J Street Solutions (Herb ‘N Vibes).

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

The City desires to enter into the attached Development Agreement with J Street Solutions (Herb ’N Vibes). J Street Solutions (Herb ’N Vibes) is a retail cannabis business.

The Development Agreement attached facilitates the use of the property as a retail cannabis business and formalizes their community benefits.

Pursuant to Government Code section 65867.5, the City Council must pass an ordinance for the approval of the Development Agreement.

STAFF RECOMMENDATION:

Pass to print Ordinance 2022-02 for the approval of a Development Agreement with J Street Solutions (Herb ‘N Vibes).

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

Submitted by: Mario Zamora Title: City Attorney
Date: March 28, 2022 City Manager Approval: ____________ AGENDA ITEM: Gen. Bus. 1(b)
ORDINANCE 2022-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE ADOPTING THE DEVELOPMENT AGREEMENT WITH J STREET SOLUTIONS (HERB ’N VIBES)

REGARDING A RETAIL FACILITY FOR RECREATIONAL CANNABIS SALES The City Council of the City of Tulare does ordain as follows:

WHEREAS, the City Council of the City of Tulare desires to allow certain retail cannabis facilities to operate within the City boundaries.

WHEREAS, J Street Solutions (Herb ’N Vibes) was selected by the City Council of the City of Tulare to receive a retail permit on August 17; WHEREAS, J Street Solutions (Herb ’N Vibes) has agreed to certain terms in a development agreement with the City including community benefits for the development of property located at 150 N. J Street, Tulare, CA 93274 as a retail cannabis facility.

WHEREAS, pursuant to California Government Code section 65867, the City must hold a public hearing for the adoption of any development agreement.

WHEREAS, pursuant to California Government Code section 65867.5, the City must also pass an ordinance for the approval of any development agreement.

WHEREAS, the City Council for the City of Tulare has held a public hearing on April 5, 2022 for the approval of the development agreement and adoption of this ordinance.

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

Following a public hearing on the development agreement provided in the agenda with J Street Solutions (Herb ’N Vibes) for the use of the property located at 150 N. J Street, Tulare, CA 93274 as a retail cannabis facility, the City Manager is authorized to execute any and all documents necessary for the approval of the development agreement.

PASSED, ADOPTED, AND APPROVED this 5th day of April, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare

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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the “Development Agreement”) is made and entered into this 8th day of March, 2022 (the “Record Date”), by and among the City of Tulare, a municipal corporation organized and existing under the laws of the State of California (the “City”), and Mitch Choboian, (“Owner”), and J Street Solutions, a California limited liability company, DBA Herb ’N Vibes, (“Developer”). The Parties to this Development Agreement may be referred to hereinafter individually as a “Party” or jointly as the “Parties.”

B. As of the date of this Development Agreement, Owner is the owner of certain property (the “Property”) located at 150 N. J Street, Tulare, CA 93274, more fully described in “Exhibit A” attached hereto. Concurrent with the effectiveness of this Agreement, Owner has leased the Property to Developer for the uses contemplated herein.

F. Certain development risks and uncertainties associated with the long-term nature of the Development could discourage and deter Developer from making the long-term commitments

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necessary to fully develop the Property. Therefore, the Parties desire to enter into this Development Agreement in order to reduce or eliminate uncertainties to such development over which the City has control.

H. As permitted by law, the City and Developer desire to establish development standards for the entire build-out period of the Development.

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3. Effective Date / Term.
a. Effective Date. The “Effective Date” of this Development Agreement shall be August 17, 2021.
b. Term. Subject to earlier termination as hereinafter provided, the term (“Term”) of this Development Agreement shall begin on the Effective Date and shall terminate on the last day of any consecutive three (3) month period where the Property is not open seventy-five percent (75%) of established Normal Operating Hours (defined below), except for closures due to casualty, condemnation, building repairs, Acts of God, governmental shutdowns, COVID-19 or other public health event, or force majeure causes. Unless otherwise specified, the obligations herein and the rights herein shall remain in full force and effect throughout the Term.
“Normal Operating Hours” shall mean Monday through Saturday 9 AM to 9 PM, and Sunday 9 Am to 8 PM, unless otherwise posted.

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Notwithstanding any such measures, the mitigation measures required for the Development are limited to those established by this Development Agreement.

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b. Operate Project. Developer is obligated, after the Effective Date, to operate the Project as provided herein and in the CCL, and a failure to do so is inconsistent with the City’s Goals and shall be a breach of this Development Agreement.
c. Components of Project. Developer leases the Property and has developed and is legally operating the Project. However, various component businesses located on the Property may be owned by other entities to operate various other Businesses, including those related to the Project (the “Tenants”). The following will apply with respect to the Tenants and their relationship to Developer.
i. Any Tenant, as well as Developer, will be responsible for obtaining and maintaining any required license with respect to the nature of its business as required by state law and the ordinances of the City (“Licensing” or “Licenses”). ii. Developer may lease portions of the Property to Tenants, which may operate one or more Businesses on the Property, including those related to the Project. All of the provisions of this Development Agreement pertain to Developer as an operator of a Business, and apply equally to the Tenants if those Tenants operate a Business related to the Project, even if Developer is ultimately not an operator of the Project, and to Developer in its business role as the sublessor of the Property and/or the Project. Developer covenants that all Tenants conducting Businesses associated with the Project on the Property will be businesses subject to Licensing directly with the City in order to come under the purview of this Development Agreement and must comply with all City zoning and permit requirements. Developer covenants and agrees to include an express acknowledgement and assumption of each Tenant’s respective obligations under this Development Agreement in a lease of any portion of the Project or Property to any Tenant conducting a Business specifically associated with the Project. Notwithstanding the foregoing, it is understood and agreed that portions of the Property may be leased to other businesses not associated with or involved in the Project as the leasing market may require, and that such businesses are not subject to this Development Agreement or the payment of Additional Revenues. Nothing in this paragraph is meant to modify the City’s authority to regulate land use, enforce regulations, or otherwise regulate or provide any land use entitlement. d. Additional Revenue. Developer or Tenant(s) as applicable shall pay all applicable City taxes, including those agreed upon fees assessed against retail dispensaries of two percent (2%) of gross revenue, paid within fifteen (15) days of the end of every calendar quarter (the “Additional Revenues”). For the avoidance of doubt, Developer’s obligation to pay the Additional Revenues under this Development Agreement shall cease on the first day a voter approved tax is in effect for the retail sale of cannabis. e. Lawfulness of Activities. In entering into this Agreement and processing the CCL, the City makes no guarantees or promises as to the lawfulness of the proposed operations under State or federal law. Developer is obligated to comply with all applicable State and City laws.

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f. Compliance with Laws. Developer shall operate the Project in conformity with all applicable State and local laws, State labor standards, City zoning and development standards, conditions of approval, building, plumbing, mechanical and electrical codes, all provisions of the Tulare Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq., with respect to the Project.

Developer agrees to furnish such evidence of good-faith compliance as the City, in the reasonable exercise of its discretion and after reasonable notice to Developer, may require. a. Developer Compliance. Developer shall be deemed in compliance with this Development Agreement if it has paid the Additional Revenues and is not in breach of this Development Agreement.
b. Compliance Factors. In addition to compliance with this Development Agreement, the following may, either alone or in coordination with one or more other factors, constitute factors which shall permit the City to terminate Development Agreement:
i. Breach of any provision or requirement set forth in the CCL; and ii. Breach of any state law or, except as otherwise set forth herein, any non-conflicting City ordinance;

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Any default in the terms of this Development Agreement that continues after written notice of breach and the lapse of sixty (60) days from the date of that notice, unless cure reasonably requires more than sixty (60) days, in which case if cure is not commenced with said sixty (60) day period and diligently pursued to completion without unnecessary delay, is a breach of this Development Agreement.

13. Enforcement. Unless sooner terminated, as provided herein, this Development Agreement shall continue to be enforceable by any Party.

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whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, on the day following dispatch by overnight service or two (2) calendar days after it is placed in the United States mail as heretofore provided.
b. Location. All notices, demands or communications to a Party shall be sent to:

To Owner: Mitch Choboian
155 N. K Street
Tulare, CA 93274
To Developer: J Street Solutions LLC
DBA Herb ‘N Vibes
150 N. J Street
Tulare, CA 93274
With a copy to: Todd Winter
1901 Newport Blvd., Ste. 350
Costa Mesa, CA 92627
[email protected]
To City: Marc Mondell, City Manager
City of Tulare
411 East Kern Ave
Tulare, CA 93274
[email protected]
With a copy to: Mario U. Zamora
Griswold, LaSalle, Cobb, Dowd & Gin, LLP
111 E. 7th Street
Hanford, CA 93230
[email protected]
c. Address Changes. Notice of a change of address shall be delivered in the same manner as any other notice provided herein, and shall be effective three days after mailing by the above-described procedure.

17. Default.
a. Developer’s Default. Developer shall be in default under this Development Agreement upon ny uncured breach of the CCL or this Development Agreement. b. City’s Default. The City shall be in default under this Development Agreement if it shall:
i. Fail to comply in good faith with the requirements hereof regarding the permitted development standards and uses specified herein, or any other express obligation of the City under this Development Agreement; or

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ii. Expressly repudiate, refuse, or renounce this Development Agreement in writing after a majority vote of the City Council so deciding; or c. Any of the foregoing breaches, after notice and a failure to cure within the prescribed time, shall be a material breach of the Development Agreement (a “Breach”).

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22. Attachments. Exhibit “A” attached to this Development Agreement is incorporated by reference and made a part hereof.

23. Recitals. All recitals are made a part of this Development Agreement.

27. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Development Agreement.

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under the terms of this Development Agreement, except for gross negligence or willful acts of such member, officer or employee, unless said person has entered into an express written agreement to be liable.

This Development Agreement shall be interpreted as though prepared jointly and severally by both of the Parties.

34. Integration. This Development Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

35. Waivers; Amendments. All waivers of the provisions of this Development Agreement and all amendments hereto must be in writing and signed by the appropriate representatives of the Party making the waiver. All approvals, waivers or amendments by the City shall require the advance approval of the City Council of the City.

36. Headings. Titles or headings of sections, paragraphs or provisions of this Development Agreement are provided as an aid and are to be considered part of the Agreement itself. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the undersigned have executed this Development Agreement as of the day and year first above-written.

CITY:

CITY OF TULARE
By: ______________________________
Marc Mondell, City Manager
OWNER:

Mitch Choboian
By: ______________________________
Mitch Choboian
ATTEST:

By: ______________________________
City Clerk
DEVELOPER:

J Street Solutions, LLC DBA Herb ‘N Vibes
By: ______________________________
Sasha DeJesus
APPROVED AS TO FORM:

By: ______________________________
Mario U. Zamora, City Attorney
By: ______________________________
Todd Winter, Developer’s Counsel
DocuSign Envelope ID: 92CF37FB-19CF-4BBB-8085-34A36A2CB815

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EXHIBIT “A”
To
Development Agreement

PROPERTY DESCRIPTION
Certain real property commonly described as 150 North J Street, Tulare, California consisting of approximately 2,200 square feet.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: April 5, 2022
Documents Attached: ☒Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Consideration and possible approval of Ordinance 2022-03 for the approval of a Development Agreement with Token Farms.

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

The City desires to enter into the attached Development Agreement with Token Farms. Token Farms is a retail cannabis business.

The Development Agreement attached facilitates the use of the property as a retail cannabis business and formalizes their community benefits.

Pursuant to Government Code section 65867.5, the City Council must pass an ordinance for the approval of the Development Agreement.

STAFF RECOMMENDATION:

Pass to print Ordinance 2022-03 for the approval of a Development Agreement with Token Farms.

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

Submitted by: Mario Zamora Title: City Attorney
Date: March 28, 2022 City Manager Approval: ____________ AGENDA ITEM: Gen. Bus. 1(c)
ORDINANCE 2022-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE ADOPTING

THE DEVELOPMENT AGREEMENT WITH TOKEN FARMS REGARDING A RETAIL

FACILITY FOR RECREATIONAL CANNABIS SALES
The City Council of the City of Tulare does ordain as follows:

WHEREAS, the City Council of the City of Tulare desires to allow certain retail cannabis facilities to operate within the City boundaries.

WHEREAS, Token Farms was selected by the City Council of the City of Tulare to receive a retail permit on August 17;
WHEREAS, Token Farms has agreed to certain terms in a development agreement with the City including community benefits for the development of property located at 1853 Retherford Street Tulare, CA 93274 as a retail cannabis facility.

WHEREAS, pursuant to California Government Code section 65867, the City must hold a public hearing for the adoption of any development agreement.

WHEREAS, pursuant to California Government Code section 65867.5, the City must also pass an ordinance for the approval of any development agreement.

WHEREAS, the City Council for the City of Tulare has held a public hearing on April 5, 2022 for the approval of the development agreement and adoption of this ordinance.

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

Following a public hearing on the development agreement provided in the agenda with Token Farms for the use of the property located at 1853 Retherford Street Tulare, CA 93274 as a retail cannabis facility, the City Manager is authorized to execute any and all documents necessary for the approval of the development agreement.

PASSED, ADOPTED, AND APPROVED this 5th day of April, 2022.

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

Chief Deputy City Clerk and Clerk of the
Council of the City of Tulare

DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Development Agreement") is made and entered into this __ day of _____ ~ 2022, (the "Record Date"), by and among the City of Tulare, a municipal corporation organized and existing under the laws of the State of California (the "City"), and TF PM, LLC, a California limited liability company, ("Developer").

The Parties to this Development Agreement may be referred to hereinafter individually as a "Party "or jointly as the "Parties."

RECITALS
A. Gov. Code, §§ 65864 et seq., provides that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. As part of Developer's ongoing business, which is permitted by the City and licensed by the State of California for retail cannabis sales, Developer requests for approval of this Development Agreement.

B. As of the date of this Development Agreement, Developer is the owner of certain property (the "Property") located at 1853 Retherford Street Tulare, CA 93274, more fully described in " Exhibit A" attached hereto.

C. Developer and the City desire to enter into this Development Agreement in order to facilitate the use of the Property as a retail cannabis business (the "Project"). The entirety of the process of physically changing the Property and/or any existing improvements on the Property, or otherwise changing the Property in order to facilitate the Project, including, without limitation, predevelopment activities, entitlements, permits, licensing, environmental review, obtaining a Commercial Cannabis License (CCL), negotiating this Development Agreement, site clearance, remediation, construction, alterations, and similar legal or practical requirements shall be referred to herein as the "Development."
D. The City has conducted one or more duly noticed public hearings on this proposed Development Agreement pursuant to Gov. Code, § 65867 and has found that the provisions of this Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan as amended. Prior to or concurrently with - its approval of this Development Agreement, the City Council of the City (the "City Council") has also approved the environmental review undertaKeri by the City in accordance with the California Environmental Quality Act.

E. The Development ofthe Project has been found by the City to provide substantial public benefits and to help attain certain public objectives. The public benefit objectives furthered by the development of the Project include, without limitation: (i) providing a long-term source of employment opportunities; (ii) revitalization of the economic base of the community; (iii) providing funds for the City's general fund through payment of Additional Revenues, as defined hereinafter (collectively, the "City's Goals").

F. Certain development risks and uncertainties associated with the long-temi nature of the Development could discourage and deter Developer from making the long-term commitments necessary to fully develop the Property. Therefore, the Parties desire to enter into this

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Development Agreement in order to reduce or eliminate uncertainties to such development over which the City has control.

G. The Project and the use that Developer proposes in connection with the Property have been reviewed and considered by the City and its officers, agencies, and departments, and such proposed Project and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest and to enhance the desirability, from the public's perspective, of such proposed Development and use.

H. As permitted by law, the City and Developer desire to establish development standards for the entire build-out period of the Development.

I. The City recognizes that Developer may sustain substantial losses if the City were to default in its obligations or commitments herein undertaken, including without limitation the substantial investment made by Developer to plan and obtain licenses for the Development.

J. The City, by electing to enter into contractual agreements such as this one, acknowledges that the obligations of the City shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the City and future City Councils to the obligations thereby undertaken, and this Development Agreement shall limit the future exercise of certain governmental and proprietary powers of the City. By approving this Development Agreement, the City Council has elected to exercise certain governmental powers at the time of entering into this Development Agreement, rather than deferring its actions to some undetermined future date. The terms and conditions of this Development Agreement have been found to be fair, just, and reasonable, and the City has concluded that the pursuit of this Development will serve the best interests of its citizens and the public health, safety, and welfare will be best served by entering into this obligation. The City acknowledges that Developer would not consider or engage in the Development without the assurances of development entitlements that this Development Agreement is designed to provide.

K. This Development Agreement will promote and encourage the development of the Property by providing Developer with a greater degree of certainty of the Developer's ability to expeditiously and economically complete the development effort, and the Parties agree that the consideration to be received by the City pursuant to this Development Agreement and the rights secured to the Developer hereunder constitute sufficient consideration to support the covenants and agreements of the City and Developer. By entering into this Development Agreemen( the City desires to allow the Development pursuant to the Development Agreement utilizing the land-use ordinances, rules, regulations and policies applicable on the Effective Date, as defmed in Section 3 of this Development Agreement and, pursuant to this Development Agreement, to vest in Developer, to the fullest extent possible under the law, all development entitlements required as of the Effective Date by the City in order to complete the Development.

Ill
Ill
Ill

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3. Effective Date/ Term.
a. Effective Date. The "Effective Date" of this Development Agreement shall be - ------' 2022.
b. Term. Subject to earlier termination as hereinafter provided, the term ("Term") of this Development Agreement shall begin on the Effective Date and shall terminate on the last day of any consecutive three (3) month period where the Property is not open seventy-five percent (75%) of established Normal Operating Hours (defined below) except for closures due to casualty, condemnation, building repairs, Acts of God, governmental shutdowns, COVID-19 or other public health event or force majeure causes.
"Normal Operating Hours" shall mean 9 am and 5 pm, unless otherwise posted.

4. Development Approval. The following elements of the Development are hereby approved:
a. Permitted Uses of the~Property. The Parties agree that the Developer's Project and use of the Property are-currently permitted by the City and State of Califomia.- Notwithstanding any other terms and conditions contained herein, this Development Agreement is subject to the right of the City to: (i) take appropriate action to abate any public nuisance, excluding the Developer's Project and use at the Property, which is the retail sale of cannabis; (ii) to enforce all laws that do not conflict with Existing Development Regulations, as defined hereinafter; (iii) to enforce compliance with the conditions of approval expressed in any Commercial Cannabis License ("CCL") issued by the City with respect to the Project (and notwithstanding anything to the contrary contained herein or in the Tulare Municipal Code); (iv) to enforce the obligations and requirements of this Development Agreement; and (v) to exercise the police powers of the City in order to safeguard the health, safety, and wellbeing of the public, excluding the Developer's Project and use at the Property, which is the retail sale of cannabis.

Nothing in this Development Agreement shall be construed to prohibit uses other than the Project on the Property, provided such other uses are in conformity with: (i) the provisions of

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this Development Agreement; and (ii) the ordinances, regulations and standards of the City as they may from time to time be amended. The vested rights granted to Developer under this Development Agreement apply only to the Project and the use of the Project approved herein. b. Development Standards. The City agrees to allow Development of the Project in accordance with the Existing Development Regulations as defined in Section 8 of this Development Agreement and any CCL. The purpose of this provision is to limit changes to the City's development standards as of the Effective Date.

6. Building Permits. It is understood by the Parties to this Development Agreement that pursuant to the City's Building Code, building permit applications and issued building permits do not remain valid for the term of this Development Agreement, but only for the term set by the Building Code. Accordingly, the Developer shall have the right to file new building permit applications for the Development or any portion thereof where such previously approved building permit applications or issued building permits have expired, provided no Certificate of Occupancy has been issued with respect to the relevant portion of the Project. Any such new building permit applications filed for the Development shall be reviewed in accordance with this Development Agreement. However, any alternations or modifications to the Project or any separate portion thereof, which occur during the Term, but after the Project is completed and issued its initial Certificate of Occupancy, will be subject to whatever building codes and standards as are in effect at the time of application for building permits, as welJ as the fees then in effect.

8. Vesting of Devel_opment Rights.
a-:--General Statement. As a material inducement to Developer to-continue with diligent efforts to promote the Development of the Property, the City agrees that all development rights and the permitted uses identified herein which may be required to develop to completion the Project consistent with this Development Agreement, are deemed vested in Developer for the benefit of the Property, as of the Effective Date of this Development Agreement, to the greatest extent permitted by law, and are free of all discretionary rights of the City or any body or subsequent building moratorium, ordinances, rules, regulations, policies, or restrictions on development that are inconsistent with this Development Agreement. b. Existing Rules to Govern. In accordance with the terms of Gov. Code § 65866, and except as specified herein, the City and Developer agree that the General Plan provisions, ordinances, rules, regulations and official policies of the City in effect as of the date of this

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Development Agreement governing the design, density, and permitted land uses applicable to the Development (collectively, the "Existing Development Regulations") shall govern during the Term of this Development Agreement. The City shall not, in subsequent actions applicable to the Property or the Development, apply general plan provisions, ordinances, rules, regulations, or policies that conflict with the Existing Development Regulations, except with the mutual consent in writing of the City's Manager and the Developer. Except as otherwise provided in this Development Agreement, no amendment to, revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of the City Manager and the Developer, whether adopted or approved by the City Council or any office, board, commission, or other agency of the City, or by the people of the City through charter amendment, referendum, or initiative measure or other vote, shall be effective or enforceable by the City with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule, or development. c. Exclusions from "Existing Development Re~ulations." As used in this Development Agreement, "Existing Development Regulations" shall not include municipal laws and regulations that do not conflict with Developer's vested rights to develop and use the Property in accordance with this Development Agreement. Developer and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter.
d. Subsequent Measures. Consistent with (a) and (b), above, the City and Developer specifically agrees that any subsequently enacted initiatives, referendums, or amendments to the General Plan and/or Zoning Ordinance that by their terms are intended to, or by operation having such effect or that otherwise conflict with the terms of this Development Agreement, or limit the timing or phasing of the Development or the use of the Property as provided in this Development Agreement shall have no application to the Development. Notwithstanding any such measures, the mitigation measures required for the Development are limited to those established by this Development Agreement.

9. Developer's Obligations Regarding Property.
a. Transfer. Developer may transfer any interest or right under the terms of this __J)ev~lQpment Agreement, and any interest of any kind in the PrgpJ!rty or the Project, or any of the businesses contemplated by the Parties (the "Businesses"), at any time without the requirement to obtain consent of the City, provided that the proposed transferee and the transfer meet the requirements of state law and the City's ordinances as they pertain to businesses and activities as applicable to the transfer of the Businesses. The City consents to any transfer of Developer's Licenses, as defined in Section 9(c)(i) below, so long as such transfer is permitted by state law, and nothing herein is meant to restrain Developer from leasing, transferring, hypothecating, mortgaging, assigning or otherwise using the Property as collateral for Developer's use and benefit.
b. Operate Project. Developer or its successor, transferee or assignee is obligated, after the Effective Date, to work towards construction and then operation of the Project as provided herein and in the CCL, and a failure to do so is inconsistent with the City's Goals and shall be a

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breach of this Development Agreement.
c. Components of Project. Developer is the owner of the Property and will develop and operate the Project as contemplated herein to the best of its abilities. However, the various component businesses of the Project may be owned by other entities to operate the various components of the Project (the "Tenants"). The following will apply with respect to the Tenants and their relationship to Developer.
i. Any Tenant, as well as Developer, will be responsible for obtaining and maintaining any required license with respect to the nature of its business as required by state law and the ordinances of the City ("Licensing" or "Licenses"). ii. Developer may lease portions of the Project to Tenants, which may operate one or more Businesses on the Property. All of the provisions of this Development Agreement pertain to Developer as an operator of a Business, and apply equally to the Tenants, even if Developer is ultimately not an operator, and to Developer in its business role as the lessor of the Property and/or the Project. Developer covenants that all Tenants conducting Businesses in the Project will be businesses subject to Licensing directly with the City in order to come under the purview of this Development Agreement and must comply with all City zoning and permit requirements. Developer covenants and agrees to include an express acknowledgement and assumption of each Tenant's respective obligations under this Development Agreement in a lease of any portion of the Project or Property to any Tenant conducting a Business. Notwithstanding the foregoing, it is understood and agreed that portions of the Project or Property may be leased to other businesses as the leasing market may require, and that such businesses are not subject to this Development Agreement or the payment of Additional Revenues. Nothing in this paragraph is meant to modify the City's authority to regulate land use, enforce regulations, or otherwise regulate or provide any land use entitlement.
d. Additional Community Benefits. Developer, or Tenant(s), as applicable shall pay all applicable City taxes, including those agreed upon fees assessed against retail dispensaries of five percent (5%) of gross revenue, paid within fifteen (15) days of the end of every calendar quarter, or any applicable local tax (the "Additional Revenues"). In addition, Developer shall provide t<2_the City the following:
i. an additional two (2%) of net profits, paid to registered 50l(c)(3) non-profit organizations based in Tulare or Tulare County to address homeless, underserved communities, youth, seniors, veterans and community events within the City.

For the avoidance of doubt, Developer's obligation to pay the Additional Revenues under this Development Agreement shall immediately cease on the first day if a voter approved tax is in effect for the retail sale of cannabis.
e. Lawfulness of Activities. In entering into this Development Agreement and processing the CCL, City makes no guarantees or promises as to the lawfulness of the proposed operations under State law. Developer is obligated to comply with all applicable State and City laws. To the fullest extent permitted by law, City shall not assume any liability whatsoever with respect

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to approving Municipal Code section 5.96, a CCL for Developer, or any other operation approved by City.
f. Compliance with Laws. Developer shall operate the Project in conformity with all applicable State and local laws, State labor standards, City zoning and development standards, conditions of approval, building, plumbing, mechanical and electrical codes, all provisions of the Tulare Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq., with respect to the Project.

10. Assignment/Release. This Development Agreement shall not be severable from Developer's interest in the Property and the Development. Any transfer of a portion of the Property, including the improvements thereon, shall automatically operate to transfer the benefits and burdens of this Development Agreement in respect of such portion, subject to compliance with all other State and local laws and regulations.
a. Termination by Developer and Release of Developer. Developer may terminate this Development Agreement at any time for any reason whatsoever, provided that Developer provides prior written notice to the City specifying the date such termination shall take effect.

Upon such termination, Developer and City shall be released from their respective obligations under this Development Agreement, except to the extent any such obligations expressly survive the termination of this Development Agreement. In connection with a termination pursuant to this Section 10, City agrees to execute any such documents reasonably requested by Developer evidencing such termination and release.

11. Other Documents. Each of the Parties, the City and Developer agrees to execute any documents reasonably required in order to effectuate the intent and requirement of this Development Agreement and/or any other contract, document, deed or condition which is applicable.

12. Periodic Review of Compliance. In accordance with Gov. Code,§ 65865.1, the City Council shall review this Development Agreement at least once each year, Developer must demonstrate its good-faith compliance with al!___E_f t~e__terms ofthis Development Agreement.

Developer agrees to furnish such evidence of good-faith compliance as the City, in the reasonable exercise of its discretion and after reasonable notice to Developer, may require. a. Developer Compliance. Developer shall be deemed in compliance with this Development Agreement if the City is not entitled by the terms and provisions of this Development Agreement to terminate this Development Agreement. b. Compliance Factors. In addition to compliance with this Development Agreement, the following may, either alone or in coordination with one or more other factors, constitute factors which shall, at the City's sole option, permit the City to unilaterally terminate or modify this Development Agreement:

1. Breach of any provision or requirement set forth in any CCL; and

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ii. Breach of any state law or, except as otherwise set forth herein, and non-conflicting City ordinance.

Any default in the terms of this Development Agreement, or any of the Related Agreements, which continues after written notice of breach and the lapse of sixty ( 60) days from the date of that notice, unless cure reasonably requires more than sixty (60) days, in which case if cure is not commenced within said sixty (60) day period and diligently pursued to completion without unnecessary delay, is a breach of the Development Agreement.

13. Enforcement. Unless amended or canceled, this Development Agreement shall continue to be enforceable by any Party.

14. Indemnity. Developer shall defend, indemnify, assume all responsibility for, and hold City and its officers, agents, employees, and volunteers, harmless from all actual out-of-pocket claims, demands, damages, defense costs or liability arising from or related to any State law enforcement action against Developer, Developer's tenants, subtenants, licensees, contractors and employees in connection with the Project, conditional use permit, CEQA compliance and regulatory permit issuance. Developer's indemnity shall not extend to any loss of revenue suffered or incurred by City in connection with any termination, cessation, restriction, seizure, or other limitation of the Project.

15. Enforced Delay and Extension of Times of Performance . Except as otherwise provided by specific provisions of this Development Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to:
a. Outside Factors. War, insurrection, civil commotion, riot, flood, severe weather, earthquake, fire, casualty, acts of public enemy, acts of God, governmental restriction, litigation (including, without limitation, litigation contesting the validity, or seeking the enforcement or clarification of, this Development Agreement whether instituted by Developer, the City or any other person or entity), acts or failures to act of any governmental agency or entity; or
b. Development Factors. Inability to secure necessary labor, materials or tools, strikes, lockouts, other labor disputes, or delays of any contractor, subcontractor or supplier. c. Extensions. An extension of time in-writing for any such cause shall be granted for the period of the enforced delay if of a known duration, or longer as mutually agreed upon, or for a reasonable time as determined by the City if the parties cannot agree, which period shall commence to run from the time of commencement of cause.

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as either Party may from time to time designate as provided in this Section. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, on the day following dispatch by overnight service or two (2) calendar days after it is placed in the United States mail as heretofore provided.
b. Location. All notices, demands or communications to a Party shall be sent to:

To Developer:

With a copy to:

To City:

With a copy to:

TF PM, LLC, a California limited liability company
483 W. Noble Ave.

Farmersville, CA 93223
Kyle J. Johnson
Johnson & Black, LLP
1007 N. Demaree St
Visalia, CA 93291
[email protected]
Marc Mondell, City Manager
City ofTulare
411 East Kern Ave
Tulare, CA 93274
[email protected]
Mario U. Zamora ("City Attorney")
Griswold, LaSalle, Cobb, Dowd & Gin, LLP
111 E. 7
th Street
Hanford, CA 93230
[email protected]
c. Address Changes. Notice of a change of address shall be delivered in the same manner as any other notice provided herein and shall be effective three days after mailing by the abovedescribed procedure.

17. Default.
a. Developer's Default. Developer shall be in default under this Development Agreement upon any uncured breach of the CCL or this Development Agreement. b. City's Default. The City shall be in default under this Development Agreement if it shall:
i. Fail to comply in good faith with the requirements hereof regarding the permitted development standards and uses specified herein, or any other express obligation of the City under this Development Agreement; or

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ii. Expressly repudiate, refuse or renounce this Development Agreement in writing after a majority vote of the City Council so deciding.
c. Any of the foregoing breaches, after notice and a failure to cure within the prescribed time, shall be a material breach of the Development Agreement (a "Breach").

18. Procedure Upon Default.
a. Establishing Breach. Notwithstanding any provision of this Development Agreement to the contrary, except for a Party's express repudiation of this Development Agreement for which no notice is required, a Party shall not be deemed to be in breach under this Development Agreement, and the non-defaulting Party may not exercise its remedies under this Development Agreement unless it first delivers (in accordance with the Notice provisions in Section 19 above) a written notice of each default claimed to the defaulting Party, which shall specify the nature of each such default. If each such default is not cured by the defaulting Party within sixty ( 60) days of service of such notice of default, or with respect to defaults that cannot be cured within such period, if the defaulting Party fails to commence to cure the default the sixty (60) notice period, or thereafter fails to diligently pursue the cure of each default until completion, then a Breach exists.
b. Irreparable Harm. In the event a Breach occurs, irreparable harm is likely to occur to the non-breaching Party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Development Agreement is a proper and desirable remedy.
c. No Damages. Except as provided in Section 20 hereinbelow, in no event shall either Party be entitled to damages against the other Party based on the other Party's Breach, except for recovery by the City of accrued but unpaid Additional Revenues.

19. Entire Agreement. This Development Agreement and the Exhibits therein contain the entire agreement between the Parties and is intended by the Parties to completely state the Development Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Development Agreement, is null and void.

20. Remedies.
a. Developer's Remedies. In the event of a Breach by the City, Developer shall have: the right to seek a writ of mandate or order of specific performance against the City compelling it to comply with its obligations under the Development Agreement together with such other rights and remedies as specifically provided in this Development Agreement or available in law or equity.
b. City's Remedies. In the event of a Breach by Developer, the City shall have the same remedies as afforded to Developer in the foregoing subsection, together with such other rights and remedies as specifically provided in this Development Agreement or available in law or equity.

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21. Severability. If any term, prov1S1on, condition, or covenant of this Development Agreement, or the application thereof to any Party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenants to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permitted by law.

22. Attachments. Exhibit "A" attached to this Development Agreement is incorporated by reference and made a part hereof.

23. Recitals. All recitals are made a part of this Development Agreement.

24. Relationshlp of the Parties. It is hereby specifically understood and acknowledged that the Project is a private project and that neither the City nor Developer will be deemed to be the agent, partner or co-venturer of the other for any purposes whatsoever.

25. Additional Documents. The Parties each agree to execute any additional forms, notices, applications or other documents that are reasonably necessary to carry out the intent of this Development Agreement.

27. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Development Agreement.

29. No Consideration to any Third-Party. Each of the Parties warrants that it has not paid or -- given, and will not pay-orgive,----any third party any money or other consideration for-obtaining this Development Agreement. Third parties, for the purposes of this Section, shall not include persons to whom fees are paid for professional services if rendered by attorneys, financial or other consultants, accountants, engineers, architects and the like when such fees are considered necessary by the Party. For the purposes of this paragraph, third parties shall include any elected official, officer, employee or agent of the City. This warranty includes each Party's assurance that it has not employed any licensed real estate broker or salesperson, or other person, licensed or unlicensed, to whom a commission or other form of compensation is due.

30. No Personal Liability. No member, officer, employee, agent or attorney of Developer or the City shall be personally liable to any other Party, its members or principals, or any successor in interest, or any other party or person whatsoever, in the event of any default or breach by it for any amount which may become due to another Party or to its successors, or on any obligations under

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the terms of this Development Agreement, except for gross negligence or willful acts of such member, officer or employee, unless said person has entered into an express written agreement to be liable.

31. Independent Legal Advice/Interpretation of Agreement. Each Party represents and warrants the following; it has carefully read this Development Agreement, and in signing this Development Agreement, and agreeing to be bound by the same, it has received independent legal advice from legal counsel as to the matters set forth in this Development Agreement, or has knowingly chosen not to consult legal counsel as to the matters set forth in this Development Agreement, and it has freely signed this Development Agreement and agreed to be bound by it without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or its officers, agents, employees, or attorneys, except as specifically set forth in this Development .Agreement, and without duress or coercion, whether economic or otherwise.

This Development Agreement shall be interpreted as though prepared jointly and severally by all of the Parties.

32. Costs and Attorneys' Fees . In the event that any Party institutes an action or proceeding for a writ of mandate or declaration of the rights of the Parties under this Development Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of this Development Agreement or the transactions contemplated hereby, or in the event any Party is in Breach of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing Party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded, including those incurred in connection with (a) an assertion of any affirmative defense in connection with such action, (b) any appellate review of the judgment rendered in such action or of any other ruling in such action, or ( c) any proceeding to enforce a judgment in such action.

35. Waivers; Amendments. All waivers of the provisions of this Development Agreement and all amendments hereto must be in writing and signed by the appropriate representatives of the Party making the waiver. All approvals, waivers or amendments by the City shall require the advance approval of the City Council of the City.

Ill
Ill

36. Headings. Titles or headings of sections, paragraphs or provisions of this Development Agreement are provided as an aid and are to be considered part of the Development Agreement itself.

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IN WITNESS WHEREOF, the undersigned have executed this Development Agreement as of the day and year first above-written.

CITY:

CITY OF TULARE
By:------------ Marc Mondell, City Manager
ATTEST:

By: - ------------ City Clerk
APPROVED AS TO FORM:

By: - ------------ Mario U. Zamora, City Attorney
DEVELOPER:
liability company
By:~~
Todd Griffin, AutorizedMember

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EXHIBIT "A"
To
Development Agreement

PROPERTY DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Proposed Lot A of Lot Line Adjustment No. 257, in the City of Tulare, County of Tulare, State of California as per Lot Line Adjustment recorded September 24, 2020 as Document No. 2020-0058717, of Official Records, described as follows:

That portion of Parcel 1 of Lot Line Adjustment #147, as recorded October 7, 2009 as Instrument #2009-0062568 of Official Records, located in a portion of the North half of the Southeast quarter of Section 35, Township 19 South, Range 24 East, Mount Diablo Base and Meridian in the City of Tulare, County of Tulare, State of California, more particularly described as follows:

COMMENCING, for reference, at the Center of said Section 35, thence S00°31 '39"E a distance of 39.22 feet, to a point on the Easterly Right of Way of State Highway 99; Thence S30°45'35"E, along the Easterly Right of Way line of State Highway 99, a distance of 549.13 feet to the TRUE POINT OF BEGINNING;
Thence N59°59'54"E a distance of 180.90 feet;
Thence S29°22'39"E a distance of 205. 73 feet;
Thence S89°49'12"W a distance of 21.30 feet;
Thence S46°04'48"W a distance of 34.30 feet;
Thence S00°00'00"E a distance of 79.24 feet;
Thence S89°50'26"W a distance of 97.20 feet to a point on the Easterly Right of Way line of said State Highway 99; Thence N30°45'35"W along said easterly Right of Way line a distance of 223.64 feet to the TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM, all oil gas and/or minerals in and under said land, TOGETHER WITH, the right at all times to enter on said land and take all the usual, necessary or convenient means to bore wells, make excavations, and to remove all the oil, gas and/or minerals herein reserved and found thereon, as reserved by California Lands Inc. a California corporation, in the Deed recorded December 18, 1936 in Volume 707,

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Portion of APN: 166-020-027-000

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CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community & Economic Development For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Review and approve the policies, procedures, and application process for the City’s Downtown Building Rehabilitation Grant Program.

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

The City of Tulare Downtown Building Rehabilitation Grant Program (the “Program”) is designed to encourage revitalization by means of private investment through renovations and quality improvements in the visual appearance of building facades and to improve accessibility on the interior and exterior of commercial structures within the Downtown District. The priority of the Program is to bring new, highest and best uses to the downtown to increase both daytime and evening foot traffic. The Program also strives to leverage private improvements while making revitalization efforts affordable, creative, and community based.

The Tulare Downtown District is defined as being located east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue. (See attached map for specific boundaries). Program boundaries were selected with the following in consideration. The Union Pacific Railroad creates a very distinct boundary between downtown and the neighborhoods to the west. Cross Street is a fairly active vehicular arterial route. Within the downtown, Tulare Avenue serves as the main eastwest route and connects downtown to Highway 99 to the east. K Street is the historic core of the City.

The Program will:
 Provide financial assistance to property and/or business owners;  Preserve the unique character of the Downtown and foster as sense of place; AGENDA ITEM: Gen. Bus. 2(a)
 Encourage repairs and improvements using quality materials and workmanship in the renovations to address the life safety issues as addressed in the building codes;  Attract new businesses;
 Compliment other revitalization efforts; and
 Help to provide an attractive, comfortable place to shop, work, live and socialize.

Eligibility Requirements
a. Applicants for the Program can be either the property owner or tenant. Tenants must provide the property owner’s signature on the application and provide evidence a minimum five-year lease on the subject property.
b. Tenants and property owners of multi-tenant or multi-storefront buildings are strongly encouraged to work together to apply collectively for one larger project to renovate the entire building, rather than single storefronts or tenant facades. c. The building or property must be located within the defined Tulare Downtown District. d. Taxable ad valorem properties – property taxes must be paid up to date. e. If property is occupied, the business must have an active current Business License. f. Construction of a new building, wherein a building does not exist or wherein a building was demolished to construct a new building is eligible for funding. g. The following types of property are not eligible without City Council approval:

1. Tax delinquent property

2. Property in litigation

Reimbursement will be made only after a certificate of completion of the project has been issued and the Grantee provides evidence of all paid receipts and release of liens.

Grant awards will be allocated to quality projects that will provide noticeable enhancements to properties based upon, but not limited to, the following examples of eligible projects:

2. Handicapped accessibility

3. Infrastructure enhancements to comply with building code requirements in order to add a use to a vacant building.

4. Demolition of an existing building.

5. Removal and replacement of inappropriate or incomplete exterior and/or restoration of original front façade.

6. New addition.

7. Creation of a new surface parking lot.

8. Re-roofing (if visible from a public right-of-way).

9. Improvements to the main entryway/door.

Awards for eligible projects will be made on a first come, first serve basis, until the funds have been exhausted. Applications must be deemed complete before being considered for an award.

Application Materials
Applications will be available at www.tulare.ca.gov/economicdevelopment/downtowngrant or from the Community and Economic Development Department, Tulare City Hall, 411 East Kern Avenue, Tulare, CA 93274. Application packages must include enough documentation to illustrate the visual impact of the project and its cost.

Application and Review Process
(a) Meeting with staff is strongly encouraged prior to submitting an application. (b) Applications must be submitted to the Community & Economic Development Department, 411 East Kern Avenue, Tulare, CA 93274. Staff will determine if the application package submitted is sufficiently complete to process further. Eligibility of the property and the proposed project will be verified. (c) The property owner(s) as well as the applicant must sign the application agreeing to the General Conditions as forth therein.
(d) A conference with staff may be arranged at any time to discuss any questions that the applicant or staff may have concerning the grant application. (e) Complete and verified applications will be reviewed by the Grant Review Committee, comprised of three (3) City staff and two (2) stakeholders, to determine whether the project should be recommended to City Council for a grant and determine the amount of the award. In making their recommendation, the Grant Review Committee will consider the following factors and may give priority to projects that meet the following criteria:
(i) Will the project positively contribute to a broader redevelopment effort? (ii) Will the project leverage substantially more investment than the required matching amount in the grant?
(iii) Will the grant result in an improvement that would not be made otherwise? (iv) Does the project comply with the Grant Program’s Design Guidelines? (v) Will the project result in new revenue to the City (i.e. property tax, sales tax, hotel occupancy tax, etc.)
(vi) Does the project contribute to other Downtown goals and objectives? (f) The City will notify the applicant/property owner in writing of award approval and provide a Grant Reimbursement Agreement for the applicant and/or property owner to sign and return to the City.
(g) Work cannot begin until the applicant has received written notice from the City indicating that the Grant Reimbursement Agreement has been signed by both parties and that the project may commence. The applicant will receive copies of the Agreement signed by both parties.
(h) Applicant shall proceed with any permitting and plan review process as required under City ordinance.

STAFF RECOMMENDATION:

Review and approve the policies, procedures, and application process for the City’s Downtown Building Rehabilitation Grant Program.

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

N/A
Submitted by: Traci Myers Title: Community & Economic Development Director Date: March 28, 2022 City Manager Approval: ____________ ATTACHMENTS:

Attachment 1 – Downtown Boundary Map
Attachment 2 – Draft Downtown Building Rehabilitation Grant Program Guidelines Attachment 3 – Draft Downtown Building Rehabilitation Grant Program Process Attachment 4 – Draft Downtown Building Rehabilitation Grant Program Application ATTACHMENT 1
Downtown Tulare Boundaries
City of Tulare Downtown Building Rehabilitation Grant Program Guidelines

CITY OF TULARE DOWNTOWN BUILDING REHABILITATION GRANT PROGRAM

GUIDELINES
The appearance of buildings and structures is the basis of the public’s overall impression of the City of Tulare; it plays an important role in marketing Tulare’s Downtown, which is the core of the Tulare community. Improving the physical appearance of the buildings in the Downtown will promote the attraction and retention of business operations, halt property value deterioration and promote economic growth.

1. PURPOSE
The City of Tulare Downtown Building Rehabilitation Grant Program (the “Program”) is designed to encourage revitalization by means of private investment through renovations and quality improvements in the visual appearance of building facades and to improve accessibility on the interior and exterior of commercial structures within the Downtown District. The priority of the Program is to bring new, highest and best uses to the downtown to increase both daytime and evening foot traffic. The Program also strives to leverage private improvements while making revitalization efforts affordable, creative, and community based.

The Tulare Downtown District is defined as being located east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue. (See attached map for specific boundaries). The Downtown hosts a variety of restaurant, business and office uses – all of which are eligible for the Program. The emphasis on the Program will be on bringing new uses and expanded uses into the Downtown, in particular uses that will attract people to the Downtown.

The Program will:
 Provide financial assistance to property and/or business owners;  Preserve the unique character of the Downtown and foster as sense of place;  Encourage repairs and improvements using quality materials and workmanship in the renovations to address the life safety issues as addressed in the building codes;  Attract new businesses;
 Compliment other revitalization efforts; and
 Help to provide an attractive, comfortable place to shop, work, live and socialize.

2. ELIGIBILITY REQUIREMENTS
a. Applicants for the Program can be either the property owner or tenant. Tenants must provide the property owner’s signature on the application and provide evidence a minimum five year lease on the subject property.
b. Tenants and property owners of multi-tenant or multi-storefront buildings are strongly encouraged to work together to apply collectively for one larger project to renovate the entire building, rather than single storefronts or tenant facades. c. The building or property must be located within the defined Tulare Downtown District.

City of Tulare Downtown Building Rehabilitation Grant Program Guidelines d. Taxable ad valorem properties – property taxes must be paid up to date. e. If property is occupied, the business must have an active current Business License. f. Construction of a new building, wherein a building does not exist or wherein a building was demolished to construct a new building is eligible for funding. g. The following types of property are not eligible without City Council approval:

1. Tax delinquent property

2. Property in litigation

3. Property in condemnation or receivership

3. GRANT AMOUNTS AND PARTICIPATION
There is $1,000,000 in funding available for the Program. There is no minimum or maximum grant award. Applicants must provide financial proof of matching funds expended on the project of at least three times that which they are requesting in grant funds.

Reimbursement will be made only after a certificate of completion of the project has been issued and the Grantee provides evidence of all paid receipts and release of liens.

Grant awards will be allocated to quality projects that will provide noticeable enhancements to properties based upon, but not limited to, the following examples of eligible projects:

2. Handicapped accessibility

3. Infrastructure enhancements to comply with building code requirements in order to add a use to a vacant building.

4. Demolition of an existing building.

5. Removal and replacement of inappropriate or incomplete exterior and/or restoration of original front façade.

6. New addition.

7. Creation of a new surface parking lot.

8. Re-roofing (if visible from a public right-of-way).

9. Improvements to the main entryway/door.

10. Existing sign repair, replacement, and/or energy efficiency upgrades for legal conforming signs (must be part of a larger project). Up to 25% of the total project costs may be reimbursed. New signs where there are no existing permanent signs and legal nonconforming signs are not eligible.

Private projects may sometimes be subject to California Prevailing Wage Statutes if the project is paid for in part with public funds. It is the grant recipient's responsibility to determine if prevailing wage statutes apply to their project and, if so, to meet all applicable requirements. ____________________ Applicant Initials
City of Tulare Downtown Building Rehabilitation Grant Program Guidelines The City of Tulare will release the Grant Policies, Processes and Application immediately upon the approval by City Council. Grant Applications will be accepted and reviewed on an ongoing basis until all grant monies have been awarded by the Grant Review Committee.

Awards for eligible projects will be made on a first come, first serve basis, until the funds have been exhausted. Applications must be deemed complete before being considered for an award.

4. APPLICATION MATERIALS
Applications are available at www.tulare.ca.gov/economicdevelopment/downtowngrant or from the Community and Economic Development Department, Tulare City Hall, 411 East Kern Avenue, Tulare, CA 93274. Application packages must include enough documentation to illustrate the visual impact of the project and its cost.
a. The application materials to submit include:
- A completed application form.
- Color photographs of the existing conditions.
- Accurate scaled drawings of the proposed improvements. - Manufacturer’s literature and specifications for windows, doors, roof materials, paint chips showing actual colors to be used. Samples of materials may be included or may be requested during the review process.
- Any other documentation necessary to illustrate the visual impact of the proposed project.
- The applicant may be required to obtain a building permit for certain types of construction work. Building permit fees are based upon the value of work.

Applicants should call the Building Department at 559-684-4220 if they are interested in receiving an estimate of those fees.

5. APPLICATION AND REVIEW PROCESS
(a) Meeting with staff is strongly encouraged prior to submitting an application. Please e-mail Traci Myers at [email protected] to schedule.
(b) Applications must be submitted to the Community & Economic Development Department, 411 East Kern Avenue, Tulare, CA 93274. Staff will determine if the application package submitted is sufficiently complete to process further. Eligibility of the property and the proposed project will be verified.
(c) The property owner(s) as well as the applicant must sign the application agreeing to the General Conditions as forth therein.
(d) A conference with staff may be arranged at any time to discuss any questions that the applicant or staff may have concerning the grant application. (e) Complete and verified applications will be reviewed by the Grant Review Committee, comprised of three (3) City staff and two (2) stakeholders, to determine whether the project should be recommended to City Council for a grant and determine the amount of the award.

In making their recommendation, the Grant Review Committee will consider the following City of Tulare Downtown Building Rehabilitation Grant Program Guidelines factors and may give priority to projects that meet the following criteria:
(i) Will the project positively contribute to a broader redevelopment effort? (ii) Will the project leverage substantially more investment than the required matching amount in the grant?
(iii) Will the grant result in an improvement that would not be made otherwise? (iv) Does the project comply with the Grant Program’s Design Guidelines? (v) Will the project result in new revenue to the City (i.e. property tax, sales tax, hotel occupancy tax, etc.)
(vi) Does the project contribute to other Downtown goals and objectives? (f) The City will notify the applicant/property owner in writing of award approval and provide a Grant Reimbursement Agreement for the applicant and/or property owner to sign and return to the City.
(g) Work cannot begin until the applicant has received written notice from the City indicating that the Grant Reimbursement Agreement has been signed by both parties and that the project may commence. The applicant will receive copies of the Agreement signed by both parties.
(h) Applicant shall proceed with any permitting and plan review process as required under City ordinance.
(i) Construction shall begin no more than ninety (90) days after final approval is received. One sixty (60) day extension for the commencement of the project may be granted by the Grant Review Committee upon a written request of the property owner.

6. AWARD REIMBURSEMENT
(a) The City reserves the right to refuse reimbursement in whole or in part for work to expenditures that:

1. Do not conform to the program or design guidelines.

2. Do not conform to the proposal(s) submitted with the application and authorized by the Grant Review Committee.

3. Are not commensurate with the workmanship and costs customary in the industry.

4. Are not completed within the project completion deadline as set forth in the Grant Reimbursement Agreement.

5. Are not permitted, do not meet code requirements, are not performed by a licensed contractor and subcontractors.
(b) Project completion deadlines will be agreed upon through the grant award process. All reimbursement documentation shall be submitted in one, single request and within three (3) from the project completion date. For larger, phased projects, the City will consider processing a partial reimbursement if requested in writing. Because the Grant Review Committee cannot reserve funds for the project indefinitely, the grant may be subject to cancellation if not completed or significant progress has not been made by the agreed upon project completion deadline. Requests for extensions will be considered by the Grant Review Committee only if made in writing and progress toward completion has been determined.
(c) City building staff will inspect project work to ensure that it complies with the approved project plans. Any changes to the approved project will require a written request from the applicant and approval by the Grant Review Committee in order to retain the grant. (d) Reimbursement can be expected in approximately thirty (30) after all of the following documentation has been submitted:

1. Reimbursement checklist.

City of Tulare Downtown Building Rehabilitation Grant Program Guidelines

2. Copies of all paid invoices and cancelled checks (or Cashier’s Checks receipts or approved and signed credit card receipts) for all of the work covered by the grant. These must equal at least the required matching amount plus the amount of the grant.

Invoices must be marked “Paid”, signed and dated by the Contractor(s).

3. Copies of the signed contracts with contractors chosen to do the work.

4. Copies of lien waivers from all general contractors, subcontractors and major material suppliers, if filed against the property.

CITY OF TULARE DOWNTOWN BUILDING

REHABILITATION GRANT PROGRAM

INTRODUCTION
The City of Tulare has established a Downtown Building Rehabilitation Grant Program utilizing $1,000,000 of American Rescue Plan Act (ARPA) funds. The City of Tulare will release the Grant Policies, Processes and Application immediately upon the approval by City Council.

Grant Applications will be accepted and reviewed on an ongoing basis until all grant monies have been awarded by the Grant Review Committee.

PURPOSE/MISSION
The City of Tulare Downtown Building Rehabilitation Grant Program (the “Program”) is designed to encourage revitalization by means of private investment through renovations and quality improvements in the functional and visual appearance of buildings and to bring buildings up to code within the Downtown District. The priority of the Program is to bring new, highest and best uses to the downtown to increase both daytime and evening foot traffic. The Program also strives to leverage private improvements while making revitalization efforts affordable, creative, and community based.

SCOPE
The Tulare Downtown District is defined as being located east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue. (See attached map for specific boundaries). The Downtown hosts a variety of restaurant, business and office uses – all of which are eligible for the Program. The emphasis on the Program will be on bringing new uses and expanded uses into the Downtown, in particular uses that will attract people to the Downtown.

ELIGIBLE APPLICANTS
The City of Tulare Downtown Building Rehabilitation Grant Program is available to any Downtown Tulare property lying within the boundaries set forth in the Program scope. All projects much have written consent of the property owner.

ELIGIBLE PROJECTS
a. Vacant buildings being converted into an active use, which must be disclosed in the application. Improvements made to a vacant building for the sole purpose of placing it on the market for sale do not qualify for a grant.
b. Handicapped accessibility
c. Infrastructure enhancements to comply with building code requirements in order to add a use to a vacant building.
d. Demolition of an existing building.
e. Removal and replacement of inappropriate or incomplete exterior and/or restoration of original front façade.
f. New addition.
g. Creation of a new surface parking lot.
h. Re-roofing (if visible from a public right-of-way).
i. Improvements to the main entryway/door.
j. Existing sign repair, replacement, and/or energy efficiency upgrades for legal conforming signs (must be part of a larger project). Up to 25% of the total project costs may be reimbursed. New signs where there are no existing permanent signs and legal nonconforming signs are not eligible. k. Applicants for the Program can be either the property owner or tenant. Tenants must provide the property owner’s signature on the application and provide evidence a minimum five year lease on the subject property.
l. Tenants and property owners of multi-tenant or multi-storefront buildings are strongly encouraged to work together to apply collectively for one larger project to renovate the entire building, rather than single storefronts or tenant facades. m. The building or property must be located within the defined Tulare Downtown District. n. Taxable ad valorem properties – property taxes must be paid up to date. o. If property is occupied, the business must have an active current Business License. p. Construction of a new building, wherein a building does not exist or wherein a building was demolished to construct a new building is eligible for funding. q. The following types of property are not eligible without City Council approval:

1. Tax delinquent property

2. Property in litigation

3. Property in condemnation or receivership

GRANT FUNDING
(a) A ranking committee consisting of City staff and stakeholders will determine which applications will be funded.
(b) There is no minimum or maximum grant award.
(c) Applicants must provide evidence of at least a five-year lease and expenditure of at least three times that which is requested in grant funds.
(d) Reimbursement shall be made upon completion of the project and evidence of all paid receipts and release of liens.
(e) The City reserves the right to not fund a project. Only projects that prove to be a highest and best use of a property will be considered for grant funding. (f) The City reserves the right to refuse reimbursement in whole or in part for work to expenditures that:

1. Do not conform to the program or design guidelines.

2. Do not conform to the proposal(s) submitted with the application and authorized by the Grant Review Committee.

3. Are not commensurate with the workmanship and costs customary in the industry.

4. Are not completed within the project completion deadline as set forth in the Grant Reimbursement Agreement.

5. Are not permitted, do not meet code requirements, are not performed by a licensed contractor and subcontractors.

PROCESS
(a) Meeting with staff is strongly encouraged prior to submitting an application. Please email Traci Myers at [email protected] to schedule. (b) Applications must be submitted to the Community & Economic Development Department, 411 East Kern Avenue, Tulare, CA 93274. Staff will determine if the application package submitted is sufficiently complete to process further. Eligibility of the property and the proposed project will be verified.
(c) The property owner(s) as well as the applicant must sign the application agreeing to the General Conditions as forth therein.
(d) A conference with staff may be arranged at any time to discuss any questions that the applicant or staff may have concerning the grant application. (e) Complete and verified applications will be reviewed by the Grant Review Committee, comprised of three (3) City staff and two (2) stakeholders, to determine whether the project should be recommended to City Council for a grant and determine the amount of the award. In making their recommendation, the Grant Review Committee will consider the following factors and may give priority to projects that meet the following criteria:
(i) Will the project positively contribute to a broader redevelopment effort? (ii) Will the project leverage substantially more investment than the required matching amount in the grant?
(iii) Will the grant result in an improvement that would not be made otherwise? (iv) Does the project comply with the Grant Program’s Design Guidelines? (v) Will the project result in new revenue to the City (ie property tax, sales tax, hotel occupancy tax, etc.)?
(vi) Will the project result in significant new foot traffic to the Downtown? (vii) Does the project contribute to other Downtown goals and objectives? (f) The City will notify the applicant/property owner in writing of award approval and provide a Grant Reimbursement Agreement for the applicant and/or property owner to sign and return to the City.
(g) Work cannot begin until the applicant has received written notice from the City indicating that the Grant Reimbursement Agreement has been signed by both parties and that the project may commence. The applicant will receive copies of the Agreement signed by both parties.
(h) Applicant shall proceed with any permitting and plan review process as required under City ordinance.
(i) Construction shall begin no more than ninety (90) days after final approval is received.

One sixty (60) day extension for the commencement of the project may be granted by the Grant Review Committee upon a written request of the property owner.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Police
For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Review and direct staff on the City’s Municipal Code regulations regarding feral cats.

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

At the February 15, 2022, City Council meeting, staff was directed to review and report on the City’s current regulations regarding the feeding and watering of feral cats within the City’s limits. A review of the City’s policy documents reveals that the only references to feral cats occur in the City’s Municipal Code.

Staff from the City Attorney’s office and Police Department are available for additional consultation and feedback.

STAFF RECOMMENDATION:

Review and direct staff on the City’s Municipal Code regulations regarding feral cats.

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

N/A
Submitted by: Fred Ynclan Title: Police Captain
Date: March 28, 2022 City Manager Approval: ____________ AGENDA ITEM: Gen. Bus. 3(a)

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: April 5, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Discuss allocation of the final $942,268 in American Rescue Plan Act Funds and direct staff on same.

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

In June, 2021, the City of Tulare was notified that it will receive $18,024,068 from the US Department of Treasury as part of the American Recovery Plan Act (ARPA). On December 7, 2021, the City Council approved appropriations of $12,351,800 (Resolution 2021-52). On February 15th, 2022, City Council appropriated an additional $4,730,000 (Resolution 2022-05).

In total $17,081,800 of the ARPA funds have been allocated. A substantial number of the approved projects are actively being implemented. City staff continues to report allocations and expenditures to the U.S. Treasury on a quarterly basis, with the next report due April 30, 2022.

Full council action would be required to formalize each council member’s allocations.

If this approach is adopted by Council, staff would schedule time with each City Council member at their convenience to discuss options for fund allocation, focusing on activity eligibility. The City’s ARPA consultant, RSG, would also be available for analysis and feedback on proposed funding options as necessary. Also, the City is in receipt of a letter dated March 20, 2022 from the Tulare Local Healthcare District Board of Directors requesting $1,000,000 in ARPA funds to construct parking, lighting, and landscaping on the east side of the Adventist Hospital campus.

Staff suggests that the City Council schedule a follow up discussion for the Tuesday, June 7 Council meeting, during which councilmembers can report and discuss their draft proposed allocations and formulate the final steps in the appropriation process.

For quick reference purposes, Attachment 1 provides a general overview of potential uses of ARPA funding.

AGENDA ITEM: Gen. Bus. 4(a)
STAFF RECOMMENDATION:

Each councilmember formulate options for allocating $188,453.60 of the remaining $942,268 in unallocated ARPA funding and return at the June 7, City Council meeting to analyze and discuss allocation options.

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

N/A
Submitted by: Marc Mondell Title: City Manager
Date: March 28, 2022 City Manager Approval: ____________ Attachment 1
Overview of Eligible/Ineligible ARPA Fund Uses
Eligible Uses
Category 1 - Support public health expenditures
To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; Local governments may use ARPA funds to for a wide variety of public health needs and to address negative economic impacts caused by the pandemic.

In responding to public health and negative economic impacts, the Final Rule states that Treasury will consider two eligibility requirements: (1) a negative public health impact or harm, and (2) the program, service, or other intervention that responds to the identified impact or harm. Recipients must identify a public health impact on a population or class and responses must be designed to benefit the individual or class that experiences the public health impact or harm.

Category 2 - Address negative economic impacts caused by the public health emergency The interim rule states that low- and moderate-income households and populations may be presumed to have experienced negative economic impacts, as well as people who experienced unemployment or increased food or housing insecurity.

The final rule provides specific definitions of “low income” and “moderate income” based on the Department of Health and Human Services (HHS) Federal Poverty Guidelines or the Area Median Income (AMI) as published by the Department of Housing and Urban Development (HUD).

Treasury notes that for the vast majority of communities, the Federal Poverty Guidelines are higher than the AMI and would result in more households and communities being presumed eligible.

Treasury has provided a Tool for Determining Low and Moderate Income Households (Excel file download) to help recipients determine income thresholds for their jurisdiction based on the final rule’s definitions.

Category 3 - Replace lost public sector revenue
For the provision of government services. Local governments may use LFRF funds to pay for “government services” in an amount equal to the revenue loss experienced by the local government due to the COVID-19 public health emergency (such as a drop in sales tax or business and occupation tax collections).

Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services. The City of Tulare selected a “standard allowance” of $10 million to spend on government services, instead of estimating actual revenue loss. All of the remaining $942,268 is available for allocation as “Category 3” expenditures.

Category 4 - Provide premium pay for essential workers
To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; Category 5 - Invest in water, sewer, and broadband infrastructure To make necessary investments in water, sewer, or broadband infrastructure.

Ineligible Uses
The American Rescue Plan Act and associated guidance issued by the United States Department of the Treasury identifies a number of specific ineligible uses, including:
• Programs, services, or capital expenditures that undermine efforts to stop the spread of COVID-19
• Deposits into a pension fund
• To offset a reduction in taxes
• Funding debt service
• Funding legal settlements or judgements
• Deposits into a rainy-day fund or financial reserves
Additionally, ARPA includes provisions that disallows expenses that violate other laws and regulations, such as laws regarding procurement, contracting, conflicts of interest, environmental standards, and civil rights. Some examples of ineligible uses that fall into these categories include:
• Personal use
• Campaign contributions in any form
• Gifting of funds to friends and family

Tulare City CouncilApril 5, 2022

Tulare City Council
April 5, 2022