Agenda packet — Tulare City Council, July 19, 2022 (part 1 of 2)

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, July 19, 2022
6:00 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 July 19, 2022
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I. CALL TO ORDER CLOSED SESSION – 6:00 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 FOR DISCUSSION OF THE FOLLOWING:

1. Conference with Labor Negotiators pursuant to Government Code § 54957.6 Designated Representatives: Mario Zamora, Marc Mondell, Josh McDonnell, Janice Avila, Diego Ibanez
Employee Organization: TPOU

2. Conference with Legal Counsel – Anticipate Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 6 cases IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER REGULAR MEETING – 7:00 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Recognition of retired Finance Director Darlene Thompson.

2. Spotlight on Excellence – Employee Recognition
X. 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. 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 Public Hearing or General Business items will be heard at the time the Public Hearing is opened for comment or the General Business item is discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

XI. 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.

XII. 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 City Council Agenda July 19, 2022
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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 June 21, 2022, regular meeting and July 12, 2022, special meeting. [Submitted by: M. Hermann]

3. Receive the monthly investment report for April, May, and June 2022. [Submitted by: D.

Ibanez]

4. Approve a resolution allowing for council members to attend council meetings remotely. [Submitted by: M. Zamora]

5. Adopt a resolution authorizing the City of Tulare to submit general setup conditions documents to the California Department of Housing and Community Development (HCD) for funding under the HOME Investment Partnerships Program to implement a Tenant Based Rental Assistance Program; and authorize the City Manager or designee to execute any and all other necessary documents. [Submitted by: A. Costales]

7. Adopt a resolution accepting the Irrevocable Offer of Dedication for Lot A, as shown on the Recorded Map of Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at

Page 84 ends

certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M. Miller]

8. Approve the Parcel Map filed by Quest Equity, LLC for the division of land located on the southwest corner of Corvina Avenue and Hillman Street for recordation, and accept all easements and dedications offered to the City. [Submitted by: M. Miller]

9. Approve a Quitclaim Deed for Lot D of Phase 1 of the Oakcrest subdivision to D.R.

Horton CA3, Inc., a Delaware Corporation, located approximately 180 feet west of the intersection of Madalyn Avenue and Rivers Street in the Oakcrest Subdivision; and authorize the City Manager to sign the respective Certificate of Conveyance. [Submitted by: M. Miller]

10. Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $357,162 for topographic surveying, geotechnical analysis, design, bidding and construction support services for the site development and construction of a Homeless Shelter facility (Project - FM0048); and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($35,716) of the contract award amount. [Submitted by: N. Bartsch]

11. Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN 168-340-001 in the amount of $19,000 for public right-of-way required by Project EN0074, subject only to minor conforming City Council Agenda July 19, 2022
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and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by:

M. Powers]

13. Authorize the City Manager to sign a contract for the purchase of a 5-Position Dispatch Console system from Motorola Solutions in the amount of $341,114.00 and authorize a contingency in the amount of $8,886.00 for a total maximum contract amount of $350,000.00 utilizing Sourcewell cooperative purchasing. [Submitted by: F. Ynclan]

14. Adopt a resolution amending the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff. [Submitted by: M. Mondell]

15. Authorize the City Manager or designee to issue a Request for Proposals for the Management and Operations of the Zumwalt Park Amphitheater. [Submitted by: J.

Glick]
XIII. SCHEDULED PRESENTATIONS

1. Presentation by ENGIE Services U.S. – Energizing City of Tulare.

XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3)

1. Council discussion regarding BPU Notice pertaining to resumption of utility shutoffs.

XV. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

2. Adopt a resolution adopting a Mitigated Negative Declaration prepared Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745; adopt a resolution approving General Plan Amendment No. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial, and pass to print an Ordinance approving Zone Amendment No. 745, to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation. [Submitted by: S. Sopp]

3. Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747; adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential; and pass to print an Ordinance approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to the R-1-5 City Council Agenda July 19, 2022
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(Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations. [Submitted by: S. Sopp]

4. Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments. [Submitted by: D. Ibanez] XVI. 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. Tulare City Council, in its capacity as the Housing Successor Agency, review and consider the Housing Successor Fund request by Lighthouse Rescue Mission to receive grant funds in the amount of $500,000 over two years to support emergency shelter activities such as salaries, hygiene facilities, utilities, insurance and other maintenance and operation expenses for the 16 emergency shelter beds located at 214 South H Street. [Submitted by: T. Myers]

3. Review and discuss possibly amending the current Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts. [Submitted by: M. Correa] XVII. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) XVIII. ADJOURN REGULAR MEETING
Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disabilityrelated 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 6:00 p.m. on Thursday, July 14, 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: July 19, 2022 Agenda Memo
Date: July 14, 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 – 6:00 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 FOR DISCUSSION OF THE FOLLOWING:

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. PROCLAMATIONS & RECOGNITIONS

1. Recognition of retired Finance Director Darlene Thompson.

2. Spotlight on Excellence – Employee Recognition
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Agenda Memo – July 19, 2022
X. 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. 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 Public Hearing or General Business items will be heard at the time the Public Hearing is opened for comment or the General Business item is discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

XI. COMMUNICATIONS - [Time Estimate: 7:30-7:35 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.

XII. CONSENT CALENDAR - [Time Estimate: 7:35-7:45 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 June 21, 2022, regular meeting and July 12, 2022, special meeting. [Submitted by: M. Hermann] The minutes of the June 21, 2022, regular meeting and July 12, 2022, special meeting are submitted for Council approval. Staff recommends Council approve as presented.

3. Receive the monthly investment report for April, May, and June 2022. [Submitted by: D. Ibanez] The investment reports for April, May, and June 2022, are submitted for Council review and acceptance. Staff recommends Council receive and accept the Monthly Investment Reports for April, May, and June 2022, as presented.

4. Approve a resolution allowing for council members to attend council meetings remotely. [Submitted by: M. Zamora] Councilmember Sigala was unable to attend the council meeting on June 21, 2022, and requested to join remotely. Pursuant to AB 361 and the Brown Act, a resolution is required to allow the remote attendance of a meeting by a council member. The attached resolution approves a council member to attend a meeting remotely. Staff recommends Council approve a resolution allowing for council members to attend council meetings remotely.

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Agenda Memo – July 19, 2022
[Submitted by: A. Costales] The California Department of Housing and Community Development (HCD) is authorized to allocate HOME Investment Partnerships Program (HOME) funds to non-entitlement jurisdiction made available from the U.S. Department of Housing and Urban Development (HUD). The City of Tulare is eligible to apply for HOME funds through HCD Notice of Funding Availability (NOFA) cycles. The City, as a State Recipient of HOME funds, typically establishes a subcontractor relationship with third-party organizations to implement HOME activities. Most recently, the City garnered 2018 and 2019 HOME grant funds from HCD, all of which are committed to a rental project, first-home buyer, and owner-occupied rehabilitation efforts.

Eligible HOME activities predominantly benefit low- and moderate-income Californians and include:

1. Rental Projects (rental new construction and rental rehabilitation);

2. First-Time Home Buyer (FTHB) Projects (construction financing and homebuyer mortgage assistance only).

3. Program Activities
a. First-Time Homebuyer (FTHB) program
• Acquisition-only down payment assistance
• Acquisition with rehabilitation
• Infill new construction
b. Owner-Occupied Rehabilitation (OOR) program
c. Tenant-Based Rental Assistance (TBRA) program
Housing and Grants Division staff propose a proactive approach to implementing a TBRA program for the benefit of low- and moderate-income Tulare households. With the next HOME NOFA and award potential about one year away, City staff propose committing available HOME funds in an amount not too exceed $300,000 to a TBRA Program. This funding level projection is based on current and future Program Income receipts and may be divided as follows:

Tenant Based Rental Assistance $ 285,715
Activity Delivery Cost (up to 5% of activity expenses) $ 14,285 Total $ 300,000
City staff are in communication with the Tulare County Housing Authority, who have agreed to administer a TBRA Program for Tulare households. A TBRA Program is a rental subsidy program that is designed to assist eligible tenants with the payment of monthly rent and utility costs, security deposits, and/or utility deposits. TBRA assistance will make up the difference between the amount the household can afford to pay for monthly rent and utilities and the actual cost of the housing occupied by the household.

All TBRA assistance will be made in the form of a grant, and will not have to be repaid.

Housing and Grants Division staff recommend that a TBRA Program establishes a lease for eligible households at single-family and multi-family units within the City of Tulare City Council Page 4
Agenda Memo – July 19, 2022
Tulare. Overall, a City of Tulare TBRA Program will be directed for use by people currently housed or looking for a new unit. Participants who relocate from Tulare County to another jurisdiction will lose their eligibility for participation in the Program.

Although contingent on available HOME Program Income and a future HOME grant award, City staff anticipate providing at least 25 unique households over the course of a two-year period with TBRA. If HCD approves general setup conditions for a TBRA activity in a typical fashion, then City staff expect a formal start to a TBRA Program by early September 2022.

FINANCIAL IMPACT:

The City of Tulare currently operates two (2) HOME activities, a FTHB and OOR Program. HOME 2019 grant funds and available Program Income account for activity, activity delivery, and general administration costs of these two activities to-date. If City Council adopts the resolution and HCD approves general setup conditions, then the City may begin expending available HOME Program Income on a TBRA activity and associated activity delivery costs as necessary. Additionally, Housing and Grants Division staff will review the feasibility of expending a portion of annual Community Development Block Grant (CDBG) funds to offset any activity delivery costs of a TBRA operator that exceeds the allowable 5 percent activity delivery rate set by HCD for a HOME TBRA Program. Staff recommends Council adopt a resolution authorizing the City of Tulare to submit general setup conditions documents to the California Department of Housing and Community Development (HCD) for funding under the HOME Investment Partnerships Program to implement a Tenant Based Rental Assistance Program; and authorize the City Manager or designee to execute any and all other necessary documents.

6. Adopt a resolution making findings necessary for declaration of Shelter Crisis; declaring a Shelter Crisis pursuant to Government Code Section 8698.2; and directing the City Manager to take certain administrative actions to streamline provisions to provide shelter to people experiencing homelessness. [Submitted by: T. Myers] The crisis of unsheltered homelessness is one that impacts an entire community, both those experiencing homelessness and the broader community of housed residents, businesses, and neighborhoods. Over the past several years, the City of Tulare has made significant investments to increase access to and availability of shelter, services and permanent housing for people and families experiencing homelessness. Despite these efforts, homelessness and its impacts continue to rise:
• From 2012 to 2018, the City of Tulare saw an 84% increase in unsheltered Homelessness. (Source: 2022 Kings Tulare Homeless Alliance Point in Time Report)
• Increase in panhandling
• Impediments to access to public amenities
• Increase in calls for public safety and code enforcement • Public health concerns
• Accumulation of garbage and visual blight
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Agenda Memo – July 19, 2022
Homeless encampments are increasing across the city within the public right of way, exposing individuals experiencing homelessness to traffic hazards, crime, risk of death and injury, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety. Evidence demonstrates that providing low barrier access to decent, safe, and stable housing and shelter combined with crucial support services in line with “housing first” principles is the most effective and efficient way to help and manage homelessness.

On May 17, 2022 Council reviewed a Homeless Shelter Memorandum prepared by staff and voted unanimously to direct staff to proceed with negotiations a lease agreement with the County of Tulare for the City to design, construct, and operate a temporary encampment and shelter on their property, and to direct staff to prepare and issue a Request for Proposals for the operation of the temporary encampment and shelter by a non-profit operator.

Government Code Section 8698, et seq., allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. In addition, California Government Code Section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent the strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Lastly, Government Code Section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities during the duration of the crisis.

It is staff’s opinion the construction and operation of an encampment and homeless shelter is the best and most immediate solution to all of challenges that homelessness creates for the City for the following reasons:
• A shelter will ensure the safety of those experiencing homelessness • A shelter will allow full enforcement of the City’s anti-encampment ordinance in a legally defensible and financially viable manner.
• A shelter will reduce panhandling because basic needs (ie. food, shelter, medicine, etc.) of homeless individuals will be met.
• A shelter will reduce the accumulation of garbage and visual blight while allowing full access to and use of public amenities because the homeless will have sanitary living conditions.
• A shelter will help to reduce crime because the City will be increasing the number of cameras throughout the community including at the shelter thereby allowing for quick apprehension of those that commit crimes and reside at the shelter. • The shelter will reduce unsanitary conditions experienced by homeless individuals because sanitary facilities will be provided at the shelter.

Over the past several years, the City has been discussing the issue of homelessness and its impact as well as possible solutions. With restrictions due to the 2018 Martin vs.

Boise court decision, cities cannot enforce anti-camping ordinances if there are not a Tulare City Council Page 6
Agenda Memo – July 19, 2022
sufficient number of shelter beds available for the homeless population. Staff recommends Council adopt a resolution making findings necessary for declaration of Shelter Crisis; declaring a Shelter Crisis pursuant to Government Code Section 8698.2; and directing the City Manager to take certain administrative actions to streamline provisions to provide shelter to people experiencing homelessness.

7. Adopt a resolution accepting the Irrevocable Offer of Dedication for Lot A, as shown on the Recorded Map of Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder. Direct the City Clerk to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [Submitted by: M. Miller] The Recorded Map of Oak Creek No. 4 created 13 multi-family lots. Included on this recorded map was an irrevocable offer of dedication to the City of Tulare for Lot A, which was required for the purposes of a regional storm drain retention basin and associated appurtenances serving the greater Oak Creek development area along the east side of Mooney Boulevard (State Route 63) south of Seminole Avenue. Copies of the resolution and the Recorded Map of Oak Creek No. 4 are attached for reference. Staff recommends Council adopt a resolution accepting the Irrevocable Offer of Dedication for Lot A, as shown on the Recorded Map of Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder. Direct the City Clerk to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.

Miller] Tentative Parcel Map No. 2021-05 filed by Quest Equity, LLC would create four parcels and a remainder parcel from one existing parcel, and was approved by the Parcel Map Committee on January 10, 2022. This parcel map comprises approximately

17.10 acres. Parcel 1 would be 68,593 square feet, Parcel 2 would be 42,319 square feet, Parcel 3 would be 78,788 square feet and Parcel 4 would be 40,735 square feet; the remainder would be 513,223 square feet. The map requires dedication of 2’ and 6’ of additional street right of way as shown on the Parcel Map for Retherford Street and Corvina Avenue in fee to the City of Tulare and a 6-foot public utility easement along the parcels’ Corvina Avenue, Hillman St, and Retherford Street frontage. A waiver of direct access rights along Hillman Street and Corvina Avenue as shown on the Parcel Map was also required.

A copy of Parcel Map Committee Resolution 837 and the Parcel Map are attached for reference. Staff recommends Council approve the Parcel Map filed by Quest Equity, LLC for the division of land located on the southwest corner of Corvina Avenue and Hillman Street for recordation, and accept all easements and dedications offered to the City.

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Agenda Memo – July 19, 2022

9. Approve a Quitclaim Deed for Lot D of Phase 1 of the Oakcrest subdivision to D.R. Horton CA3, Inc., a Delaware Corporation, located approximately 180 feet west of the intersection of Madalyn Avenue and Rivers Street in the Oakcrest Subdivision; and authorize the City Manager to sign the respective Certificate of Conveyance. [Submitted by: M. Miller] As part of the Final Map for Phase 1 of the Oakcrest subdivision, D.R. Horton CA3, Inc. (Developer) dedicated Lot D as shown in the attached exhibit in fee title to the City for landscape purposes. Lot D is located along the back of what was an existing residential parcel that was originally not included in the Oakcrest subdivision. The parcel had a residence that fronted on Tulare Avenue, and backed onto Madalyn Avenue, which is being constructed by the Oakcrest subdivision.

Lot D was created to provide a landscape buffer between the back of the existing residential parcel and Madalyn Avenue.

The Developer will provide roadway right-of-way dedication and a new landscaping lot along the new lots’ Tulare Avenue frontage. Elimination of access off of Tulare Avenue, which is a designated arterial street, will also serve to bring the property into conformance with the City’s General Plan policies that seek to minimize access points on arterial streets.

Lot D is approximately 1,405 square feet. Surplus property requirements per Government Code Section 54220 do not apply due to the lot being smaller than the minimum residential lot size allowed under Title 10 of the Tulare Municipal Code.

California Government Code Section 65402 requires that the disposition of real property that was originally acquired by the City be reviewed by the Planning Commission for determination as to whether the deposition of the property conforms to the City’s adopted General Plan. At their June 27, 2022 meeting, the Planning Commission found that the disposition of property (Lot D in the Oakcrest Subdivision Phase 1 Final Map) is consistent with the 2035 General Plan in accordance with Government Code Section 65402.

Copies of the following items are attached for reference:

1. Oakcrest Subdivision Phase 1 Exhibit Map

2. Quitclaim Deed for Lot D

3. Certificate of Conveyance for Quitclaim Deed
Staff recommends Council approve a Quitclaim Deed for Lot D of Phase 1 of the Oakcrest subdivision to D.R. Horton CA3, Inc., a Delaware Corporation, located approximately 180 feet west of the intersection of Madalyn Avenue and Rivers Street in the Oakcrest Subdivision; and authorize the City Manager to sign the respective Certificate of Conveyance.

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Agenda Memo – July 19, 2022

Boise court decision, cities cannot enforce anti-camping ordinances if there are not a sufficient number of shelter beds available for the homeless population.

At the May 17, 2022 City Council Meeting, Staff provided a memorandum and presented a conceptual plan, phasing, potential lease options, and operational plan for City Council review and consideration. The primary recommendation of the memorandum was that the City partner with the County of Tulare to design, construct, and operate an emergency homeless shelter located on the County’s property at East O’Neal Avenue, east of K St. The City Council approved and directed Staff to move forward with the project as presented.

A Request for Qualifications (RFQ) for On-Call Architecture and Landscape Architecture Consultants was issued on April 5, 2022. Three (3) firms submitted all the necessary information to be considered for inclusion in a list of pre-approved consultants to provide these services. The proposals were reviewed in accordance with the consultant selection procedures identified in the RFQ, and all three (3) firms were recommended for inclusion on the list of prequalified architecture and landscape architecture consultants. On June 7, 2022, the City Council approved this list of (3) consultants. 4 Creeks of Visalia, CA is included on the list of pre-qualified on-call architecture and landscape architecture consultants and demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the design of this project. 4 Creeks has proposed to perform the necessary work for $357,162. The proposed cost is in line with industry standards and falls within the amount budget for this work on this project.

The project has been broken into two (2) primary phases for both design and construction. Phase 1 will consist of off-site improvements (curb, gutter, sidewalk, utilities, etc.), portions of the parking lot, site grading, drainage accommodations, site lighting, fencing and minimum on-site improvements necessary to accommodate the temporary encampment. Phase 2 will include the construction of the main shelter building and build-out of the additional ancillary supporting facilities.

Alternately, as the design and final scope of work of Phase 2 progresses, Staff plans to bring back an update and presentation of the design and estimated cost at about the 30% progress stage for Council consideration and comment, prior to proceeding with Tulare City Council Page 9
Agenda Memo – July 19, 2022
the completion of the design. Staff recommends Council authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $357,162 for topographic surveying, geotechnical analysis, design, bidding and construction support services for the site development and construction of a Homeless Shelter facility (Project - FM0048); and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($35,716) of the contract award amount.

11. Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN 168-340-001 in the amount of $19,000 for public right-of-way required by Project EN0074, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Powers] Capital Improvement Project EN0074 addresses pavement and utility infrastructure improvements along Cross Avenue west of West Street. The project includes the installation sidewalk on the north side of Cross Avenue, surface water improvements, water and sewer service modifications, street reconstruction, and improvements on the westerly side of the Cross Avenue-West Street intersection. The project will improve surface water drainage, as well as improve pedestrian connectivity in the area. The installation of curb, gutter and sidewalk along the north side of Cross Avenue requires the acquisition of additional right-of-way from five (5) parcels.

Project EN0074 dates back to July of 2017. City Council previously identified the project as part of the approved list of SB1 funded projects on April 23, 2019.

Subsequently, Council gave direction to staff to commence the design and right-of-way acquisition phases for the project. A contract was awarded to 4Creeks for design, and to Paragon Group for right-of-way acquisition services. Paragon Group completed appraisals and has been working on the City’s behalf to obtain the required right-of-way at fair market value for the five (5) parcels, which are owned by four (4) separate property owners. The subject parcel is the first who’s owner has accepted our offer and completed the necessary paperwork.

The subject parcel is located on the north side of Cross Avenue, west of West Street.

The property owner, Norberto Alcaraz Chavez, has been working with the City’s consultant team throughout the design, appraisal and acquisition process, and has agreed to sell the required property for the amount of $19,000 in accordance with the terms previously authorized by the City Council. This property acquisition encompasses 2,280 square feet. The property has minor improvements on the portion being acquired. The land is valued at $6,840, and the value associated with existing improvements affected by the acquisition (cost to cure) was determined to be $12,089.80. The subsequent acquisition offer was rounded to $19,000. Staff recommends Council authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN 168-340- 001 in the amount of $19,000 for public right-of-way required by Project EN0074, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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Agenda Memo – July 19, 2022

12. Reject the liability claim filed on June 24, 2022, by Amarjit S. Dhanoa for loss of daily sales in the amount of $10,000, for the period of May 5, 2022 through May 27, 2022, due to the closure of one of three street entrances into the Bellevue Mini Market. [Submitted by: J. Avila] Mr. Dhanoa owns the Bellevue Mini Market at Spruce Street and Tulare Avenue. The claim is in the amount of $10,000 for loss of business daily sales by the permanent closure of a street entrance into their business parking lot.

The City did a project that required permanent closure of one of the three drive approaches that serve this property. Prior to our project, the business had one approach off of Tulare Avenue, and two additional approaches off of Spruce Street. Due to the proximity of the northern most drive approach on Spruce Street to the Tulare Avenue intersection, it needed to be eliminated. This was the result of several factors. First, due to the requirement to modify/reconfigure the existing curb ramp on this corner to be ADA compliant, the City worked with Caltrans to develop a design that was not only ADA compliant, but also functioned with the existing conditions. Due to limitations of the existing right of way, drainage facilities, and other private improvements on this property owner’s site, this was challenging.

The elimination of this approach was the only option that resulted in an ADA compliant ramp and met all of Caltrans’ requirements. Secondly, the proximity of the approach to the intersection did not meet the City’s minimum setback standards, which, prior to our project, caused significant traffic safety issues. Staff personally witnessed this issue on numerous occasions as traffic entering the business (and subsequently waiting for an open gas pump) stopped and backed up into the intersection (see photographs attached).

In regards to the construction and timing to complete the work, our contractors were specifically instructed to reconstruct the southern (remaining) drive approach first, while the other two drive approaches remained open. Then, once completed and re-opened, the permanent closure of the northern drive approach on Spruce occurred. Therefore, the business always maintained at least two access points (one off of Tulare Ave. and one off of Spruce) at all times through the construction of the project. Both the property owner and the tenant of these businesses were notified months in advance of the work, and our inspector and contractor communicated with those on site as work occurred. All work has been completed.

The claim has been filed with our RMA (Central San Joaquin Valley Risk Management Authority) who conducted a preliminary review of the claim. This claim does not fall within the memorandum of coverage through the RMA program and has been referred to our City Attorney’s Office for handling. The City Attorney has recommended that the claim be rejected and staff be directed to notify the claimant’s through a Notice of Rejection of Claim. Staff recommends Council reject the liability claim filed on June 24, 2022, by Amarjit S. Dhanoa for loss of daily sales in the amount of $10,000, for the period of May 5, 2022 through May 27, 2022, due to the closure of one of three street entrances into the Bellevue Mini Market.

13. Authorize the City Manager to sign a contract for the purchase of a 5-Position Dispatch Console system from Motorola Solutions in the amount of $341,114.00 and authorize a contingency in the amount of $8,886.00 for a total maximum Tulare City Council Page 11
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contract amount of $350,000.00 utilizing Sourcewell cooperative purchasing. [Submitted by: F. Ynclan] The City of Tulare Police Department’s current radio communications system (dispatch Consoles) have been declared end-of-life by the manufacturer. While the existing systems are currently functioning, and spare parts are able to be sourced through 3rd party sources, Motorola is no longer providing factorylevel support or repairs for the current system. This system needs to be replaced with manufacturer supported equipment. The recommended purchase will increase the number of Dispatch radio consoles from four to five.

The Tulare Police Department’s dispatch radio consoles were last replaced in 2017 at a cost of approximately $120,000 for three consoles. In 2019 an additional console was purchased for approximately $28,000 for the current total of 4 dispatch radios. At the time, for an agency the size of Tulare, this was a cost effective, correctly sized solution and Motorola had no plans for discontinuing the purchased solution. In 2021 Motorola made the business decision to no longer support the purchased solution. This business decision was a result of difficulty with the manufacturing facilities and sub-component availability for the product line. As a result of a shorter than anticipated lifespan, Motorola has provided a one-time incentive of $57,990 for new console purchases. An additional discount of $39,986 is included for using the Sourcewell contract. These discounts total $97,676 and are included in the contract price.

The proposed system represents a significant upgrade from the current system. The old system was a “console-based solution”, that required dedicated radio hardware for each console. The new system moves from dedicated hardware, to a state-of-the-art software based solution with flexible architecture, scalable components and centralized console management. The proposed solution will allow for a future upgrade path to a fully digital P25 compliant radio system. The proposed solution will provide for Tulare police Dispatch radio needs for years to come.

The City is a member of the Sourcewell Cooperative Purchasing Program (Formally NJPA). Sourcewell is a nationwide, cooperative purchasing program with the purpose to assist public agencies in meeting needs which are more efficiently delivered cooperatively than by an entity individually. Participating agencies include all eligible government, education, and nonprofit agencies nationwide. Participating agencies are able to make purchases using competitively bid Sourcewell contracts. Staff recommends Council authorize the City Manager to sign a contract for the purchase of a 5-Position Dispatch Console system from Motorola Solutions in the amount of $341,114.00, and authorize a contingency in the amount of $8,886.00 for a total maximum contract amount of $350,000.00 utilizing Sourcewell cooperative purchasing.

14. Adopt a resolution amending the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff. [Submitted by:

M. Mondell] California Government Code 36813 provides that the Council may establish rules for the conduct of its proceedings. On February 16, 2010, the Tulare City Council approved a Handbook of Rules and Procedures (Handbook), which sets forth rules and procedures of the general powers and duties of Council, meetings, decorum as well as procedural and administrative rules, that may be useful to the City Council, Tulare City Council Page 12
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administrative staff, and the general public. The most recent update was on August 21, 2018.

A correspondence was received from Mayor Mederos in regard to possibly amending the Handbook. The suggested revision would formalize the seating arrangement of Council and staff. According to Chapter 1, Section K and Chapter 4, Section A of the Handbook, Council may amend the rules from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council rules and procedures shall be accomplished by a majority vote.

At the June 12, 2022, special City Council meeting, Council reviewed the proposed amendment and directed staff to proceed with amending the handbook. Staff recommends Council adopt a resolution amending the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff.

15. Authorize the City Manager or designee to issue a Request for Proposals for the Management and Operations of the Zumwalt Park Amphitheater. [Submitted by: J.

Glick] On June 21, 2022, the City Council approved a contract with RRM Design Group in the amount of $653,850 for design and construction support services for the redevelopment of Zumwalt Park, which includes construction of an outdoor amphitheater.

The City recognizes the value of a successful partnership to help produce these unique experiences and is seeking a qualified partner to manage the Zumwalt Park Amphitheatre beginning the 2024 season or sooner.

To ensure that the operator of the Zumwalt Park Amphitheater provides quality entertainment, staff proposes a comprehensive process including preparation of a Request for Proposals (RFP) This process includes;
• Preparation of an RFP document (See Attached)
• Distribution of the RFP to known qualified firms, trade organizations • Selection committee to review all qualified proposals received, interview(s) of top firms
• Presentation of selected firm and contract to City Council for Review Should Council approve this request, it is anticipated that the RFP will be distributed with responses due in six weeks after the open date. Interviews will take place in September. Staff anticipates returning back to Council in early fall with a recommendation for a selected firm and contract. Staff is recommending proceeding now given that an operator will likely need to secure talent up to one year in advance of shows. Staff recommends Council authorize the City Manager or designee to Tulare City Council Page 13
Agenda Memo – July 19, 2022
issue a Request for Proposals for the Management and Operations of the Zumwalt Park Amphitheater.

XIII. SCHEDULED CITIZEN OR GROUP PRESENTATIONS [Time Estimate: 7:45-8:05 p.m.]

1. Presentation by ENGIE Services U.S. – Energizing City of Tulare XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – GC 54954.2(a)(3) [Time Estimate:
8:05-8:20 p.m.]

1. Council discussion regarding BPU Notice pertaining to resumption of utility shutoffs.

XV. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. [Time Estimate: 8:20-8:50 p.m.]

1. Adopt a resolution confirming the diagram and landscape maintenance assessments and levying assessments for fiscal year 2022-23; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. [Submitted by: M. Miller] Each year City Council is required to set landscape maintenance assessments for the upcoming fiscal year. On June 21, 2022, Council adopted Resolution of Intention 2022-26 setting July 19, 2022 as the public hearing date to adopt landscape maintenance assessments for fiscal year 2022- 23, and directing the City Engineer to file the required Engineers Report with the City Clerk.

The public hearing will allow for property owners within each of the twenty-six landscape districts to comment on the proposed Fiscal Year 22-23 assessment for their district.

The proposed assessments compare to the prior fiscal year as follows:
• two districts are proposed to decrease,
• sixteen districts are proposed to increase,
• four districts would experience no change from the prior year, • two districts will be assessed for the first time, and • two districts have not yet completed any improvements requiring maintenance, and therefore do not have any proposed assessments.

For the sixteen districts that would experience an increase in assessment, none of the proposed assessments exceed the rate approved by property owners at the time of their formation, accounting for CPI adjustments where allowed. Therefore, with regard to Proposition 218 requirements, they do not constitute an assessment increase that would trigger the need for property owner approval by ballot.

A copy of the Engineers Report is attached for reference. The Compliance Certification and Hold Harmless Statement is required to be signed by the City Manager upon approval of the Council, and submitted to the County in conjunction with the assessments. Staff recommends Council adopt a resolution confirming the diagram and landscape maintenance assessments and levying assessments for Tulare City Council Page 14
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fiscal year 2022-23; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.

S. Sopp] This is a request by Derrel’s Mini Storage to expand the existing Derrel’s Mini Storage facility located at 990 N. Mooney Blvd. on the east side of Mooney Blvd. at Cross Avenue. The proposed expansion would provide additional mini-storage space as well as covered RV parking on an approximately 12.38-acre site that is currently undeveloped.

The existing General Plan designation for the site is Community Commercial within the City of Tulare adopted 2035 General Plan. The applicant proposes to amend the General Plan land use designation to designate the entire site as Service Commercial.

The current zoning designation is C-3 (Retail Commercial). The applicant proposes to amend the zoning designation to allow for the expansion of an existing mini-storage development. The Zone Amendment is a request to change the existing zoning designation to C-4 (Service Commercial). Per chapter 10.40 “storage buildings, ministorage” is not permitted in the C-3 zone and is a conditional use in the C-4 zone.

An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on May 25, 2022.

At the time of the preparation of this staff report, no comments have been received in response to the Notice of Public Hearing or the Notice of Intent to Adopt published for the project.

On June 27, 2022 the Planning Commission voted 4-0 (with one absent) to approve Conditional Use Permit No. 2021-19, and to recommend that the City Council approve General Plan Amendment No. 2021-01 and Zone Amendment No. 745. Staff recommends Council: (1) Adopt a resolution adopting a Mitigated Negative Declaration prepared for Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745; (2) Adopt a resolution approving General Plan Amendment No. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial; and (3) Pass to print an ordinance approving Zone Amendment No. 745, to change the existing zoning designation on approximately Tulare City Council Page 15
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12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation.

25.87 acres from R-1-12.5 and R-1-6 to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations. [Submitted by: S. Sopp] This is a request by DR Horton to subdivide approximately

25.87 acres into an 88-lot single-family residential subdivision to be zoned R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Single Family Residential – 3,200 square foot minimum lot area) in two phases. The project site consists of two parcels and is located on the north west corner of Morrison Street and the Seminole Avenue alignment (APN 172-010-051 and 048).

The existing General Plan designation for the site is Rural Residential and Low Density Residential within the City of Tulare adopted 2035 General Plan. The applicant proposes to amend the General Plan land use designation to designate the entire site as Low Density Residential.

The current zoning designation is R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area).

The applicant proposes to amend the zoning designation to allow for the construction of a single-family residential subdivision with lot sizes as proposed by the applicant. The Zone Amendment is a request to change the existing zoning designation to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small-lot Residential).

The City of Tulare General Plan (2035) density standard for Low Density Residential ranges from 3.1 to 7.0 dwelling units per acre. The proposed Tentative Subdivision Map illustrates a density of approximately 3.40 dwelling units per acre, which is within the required density range for the Low-Density Residential land use designation. The proposed R-1-5 and R-1-4 zone districts are consistent with the proposed Low-Density Residential land use designation.

Two comment letters were received during the public review period of the circulated CEQA document. Comment letters were received from the San Joaquin Valley Air Tulare City Council Page 16
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Pollution Control District (SJVAPCD) and the California Department of Toxic Substances Control (DTSC).

Staff has prepared responses for each of the comment letters received. Staff’s responses have been attached as appendix ‘E’ and incorporated into the final’ IS/MND.

Each of the comment letters have also been included within appendix ‘F’ of the IS/MND.

Staff determined that the comments provided did not result in any “new avoidable significant impacts” and that the clarifying revisions made to the document do not constitute a substantial new information. Therefore, re-circulation of the document was not required.

On June 27, 2022 the Planning Commission voted 4-0 (with one absent) to approve Tentative Subdivision Map No. 2021-21 (KCOK 5/9) and to recommend that the City Council approve General Plan Amendment No. 2021-02 and Zone Amendment No. 747. Staff recommends Council: (1) Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747; (2) Adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential; (3) Pass to print an ordinance approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations.

Ibanez] In 1997, the Board of Public Utilities Commissioners and the City Council approved resolutions authorizing the adoption of the provisions of Streets and Highways Code Section 5870 et. Seq., under the 1911 Act. These provisions provide for the financing of certain public works related costs and declaring the repayment of the same to be assessed against property owners and placed on the property tax rolls.

The City has entered into agreements with various property owners to construct and finance connections, primarily to City sewer services, and place those costs on property tax rolls in installments. Prior to sending the assessments to the County of Tulare, a public hearing is required to allow anyone objecting and wanting to address the City Council. Staff recommends Council adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments.

XVI. 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. [Time Estimate: 8:50-9:30 p.m.]
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The assets included:
• Real properties,
• Low/Mod encumbrances,
• Loan/grants receivable, and
• Rents/operations.

As of June 30, 2019, the Housing Asset Fund had a cash balance of $1,602,542. In November 2020, City Council committed funds in the amount of $500,000 ($250,000 over a 2 year period) to support emergency shelter activities of the Light House Rescue Mission (“LHRM”) once a proposal for the use of the funds was received.

On January 12, 2021, Council agreed voted to award One Million and No/100 Dollars ($1,000,000) from the City’s Housing Asset Fund to Self Help Enterprises for the development and construction of eighty-one (81) units of affordable multifamily rental housing in the City of Tulare, also known as Santa Fe Commons I and II.

On May 22, 2022, staff received the attached written proposal from Mr. Raymond Van Beek, President of the Lighthouse Rescue Mission Board. The proposal requests the LHRM begin the process of drawing down on the $500,000 Housing Successor Funds at a rate of $250,000 per year. The planned project budget for year one takes into account supplies and maintenance, software, office supplies, utilities, insurances, payroll and payroll taxes in the total sum of $251,741 for the operation of 16 emergency shelter beds at 214 South H Street.

Following a presentation by staff and representatives of the LHRM, should Council approve the allocation of funding to the project, staff requests direction for the City Manager, or his designee, to work with the City Attorney’s office to prepare a Grant Agreement to be reviewed and approved by Council at a subsequent meeting. Staff recommends Council, in its capacity as the Housing Successor Agency, review and consider the Housing Successor Fund request by Lighthouse Rescue Mission to receive grant funds in the amount of $500,000 over two years to support emergency shelter activities such as salaries, hygiene facilities, utilities, insurance and other maintenance and operation expenses for the 16 emergency shelter beds located at 214 South H Street.

2. Adopt resolutions consenting to inclusion of commercial, industrial, and agricultural properties within the City of Tulare’s jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) and in the Golden State Finance Authority Program to finance renewable energy Tulare City Council Page 18
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improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, seismic retrofitting, fire prevention and other improvements; and in so doing, approving associate membership of the City in the joint exercise of powers authority related thereto. [Submitted by: T. Myers] California state law authorizes charter and general law cities and counties to provide financing for renewable energy, energy efficiency, water conservation, seismic retrofitting, electric vehicle charging and fire resiliency improvements to eligible and willing property owners. Property owners wishing to make qualifying improvements voluntarily enter into a contractual agreement securing a lien on their property and agreeing to repay the financing as a special assessment or tax on their annual property tax bill. This mechanism is referred to as Property Assessed Clean Energy (PACE) financing.

PACE financing can be set up and administered under one of two different pieces of legislation which enable PACE programs in California. First, AB 811 (2008) allows renewable energy sources and energy efficiency upgrades to be financed through an assessment district. Additional legislation expanded projects eligible for financing to include water efficiency improvements, electric vehicle charging stations, and seismic improvements. And second, SB 555 (2011) amended the Mello-Roos Community Facilities Act to allow for the creation of Community Facility Districts (CFDs) for the purpose of financing or refinancing the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy, seismic improvements, and electric vehicle charging infrastructure.

AB2693 guarantees the right to cancel PACE financing within three business days of execution. AB 2693 also prohibits marketing promises of monetary or percentage representations of increased value to a property owner regarding the effect the financed improvements will have on the market value of the property unless the market value is estimated using a specified method; • SB 242 (2017) requires a recorded telephone call to residential consumers to confirm key terms of the agreement in plain language. This call and contractual documents must be available in one of five enumerated non-English languages, as necessary. SB 242 also prohibits incentives paid to contractors for steering consumers into a particular program and prohibits any representation as to tax deductibility of a PACE assessment contract. Lastly, PACE providers are prevented from disclosing to contractors the amount of funds the property is eligible to secure with a PACE assessment;
• AB 1284 (2017) establishes state regulatory oversight for California's PACE program through the Department of Financial Protection and Innovation (DFPI) and requires PACE administrators to obtain a license under California Financing Law. They are also held accountable for screening, training, and monitoring the contractors and sales representatives enrolled in their programs. Lastly, PACE Tulare City Council Page 19
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providers have to determine a consumer’s ability to repay, including income verification, before entering into a PACE assessment; and, • SB 465 (2018) allows homeowners in certain jurisdictions designated by CalFire as Very High Fire Severity Zones to use PACE financing to make wildfire resilience and fire hardening improvements to their homes.

PACE financing eligibility is primarily based on property equity rather than the credit worthiness of the applicant in addition to their ability to repay the increase in annual property taxes. PACE financing has fixed, long-term interest rates with terms generally longer than other financing options but bound by maximum term to the useful life of the improvements being completed. Because a PACE assessment or special tax is filed as a lien on the property, it is designed to transfer with the property upon sale, potentially removing a barrier to making long-term investments in one’s property. Other features of PACE financing include 100% financing for eligible improvements, consumer protections and contractor oversight, customer service and resolution support and preapproved contractors. As with other forms of financing, participation in PACE financing programs is voluntary.

As a result of the first priority lien status of residential PACE financing, which means that PACE assessments or special taxes have the same priority as property taxes and are repaid ahead of traditional mortgages, the California Legislature created a $10 million PACE Loss Reserve fund designated 1to keep first mortgage lenders whole during a foreclosure or forced sale of a property with a PACE assessment.

Additionally, the City is not obligated to provide any administrative support or marketing for the programs, which are administered by the program administrators.

Ygrene Energy PACE Program
Ygrene Energy Fund serves both commercial and residential property owners throughout the state by partnering with Golden State Finance Authority (GSFA) as the Joint Powers Authority (JPA).

GSFA, which was formerly known as the California Home Finance Authority, is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”).

1California Office of the State Treasurer – webpage on Property Assess Clean Energy (PACE) Loss Reserve Program https://www.treasurer.ca.gov/caeatfa/pace/index.asp .

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resolution consenting to the inclusion of parcels in the incorporated areas of the City within the programs and (ii) each participating owner provides its unanimous written approval for annexation of its property into the PACE program. To participate in the PACE programs, the City of Tulare must become an Associate Member of GSFA (See Exhibit C - JPA Agreement). Associate membership requires no dues or other costs to the City but permits participation in all GSFA programs including the PACE program.

The Resolutions in Exhibit A and Exhibit B approve joining the JPA as an Associate Member.

GSFA completed the process of validation for both the SB 555 and the AB 811 programs in the Superior Court for the City of Sacramento. The GSFA SB 555 PACE program has been fully operational since August 25, 2015. Although GSFA has implemented only the SB 555 PACE program, GSFA chose to form, validate, and maintain both the SB 555 and AB 811 programs offerings to ensure that, should market conditions, consumer demand and/or legislative changes affect one PACE program more that another, GSFA has the flexibility to use the program that best supports GSFA’s vision of service without any interruption to participating counties and cities and their property owners. In support of this approach, the Council is being asked to pass two resolutions that would approve the following actions:

1. Resolution authorizes the City to permit commercial property owners within the incorporated areas of the City to participate in the GSFA SB 555 Community Facilities District.

2. Resolution authorizes the City to permit commercial property owners within the incorporated areas of the City to participate in the GSFA AB 811 Authority PACE Program.

Each resolution authorizes the GSFA to accept applications from commercial property owners within the City’s incorporated area to finance authorized improvements, and to conduct proceedings and levy special taxes or contractual assessments, as applicable, on the property of participating owners.

Cities and counties that have approved the Ygrene program to date adopted both resolutions and are listed on an Ygrene service area webpage at https://ygrene.com/service-areas#California. Ygrene contends that authorizing both programs helps PACE function amidst changes to market or legislative environment.

And as such, an Ygrene program will be established and may operate in the City of Tulare without the need for additional review or the need for the City Council to consider approving new resolutions. Staff recommends Council adopt resolutions consenting to inclusion of commercial, industrial, and agricultural properties within the City of Tulare’s jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) and in the Golden State Finance Authority Program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, seismic retrofitting, fire prevention and other improvements; and in so doing, approving associate membership of the City in the joint exercise of powers authority related thereto.

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3. Review and discuss possibly amending the current Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts. [Submitted by: M. Correa] Similar to other communities, City of Tulare struggles with keeping abandoned shopping carts off the streets and sidewalks. California Business and Professions Code sections 22435- 22435.13 regulate shopping and laundry carts in the State of California by making certain regulations for retrieval and disposal of said carts. However, those regulations only apply to a shopping cart that has a sign affixed to it “…that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer” (Business and Professions Code section 22435.1). Since the cited provisions do not require shopping cart owners to affix the signs, many cities in California have adopted local ordinances to require signs and to further expand upon the provisions for management of shopping carts within their jurisdictions.

City of Tulare has retail businesses that provide rolling shopping carts for the convenience of customers. The majority of these stores have outdoor corrals to contain carts near their entrances and in the parking lots to collect carts. Some local stores have locking, radio-controlled security devices affixed to wheels to prevent carts from being removed beyond the perimeter of their site. Regardless of measures, shopping carts are commonly removed from stores and discarded in the community. The following is a summary of local efforts:
• Most stores have employees periodically collect used carts from parking areas, but generally do not go beyond property perimeters to retrieve carts • Some stores contract with a cart retrieval service
• City staff routinely collects carts and stores collect them at the City’s Corporation yard
City staff regularly contacts and/or mails letters to local stores notifying them of the need to collect their carts at the City’s Corporation yard.

Staff recommends the following changes to the code:
• Change the responsibility from the City Manager, Police Chief and Fire Chief to Public Works and Code Enforcement.
• Remove unnecessary language to make the TMC easier for interpretation. • Have a similar TMC than surrounding municipalities.
• Add better explanation to the Prohibition against removing, possessing and altering carts.
• Add a fee amount of $50 for each occurrence, this is not mentioned on prior TMC.

Explained the disposal procedure.

Staff recommends Council approve the recommended changes to the Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts.

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XVII. STAFF UPDATES AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) [Time Estimate: 9:30- 9:45 p.m.]
XVIII. ADJOURN REGULAR MEETING
8464

ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
June 21, 2022
A closed session of the City Council of the City of Tulare was held on Tuesday, June 21, 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 A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala (via telephone)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Megan Dodd, Janice Avila, Diego Ibanez, Michael Ott, Greg Merrill, Manny Correa, Clay Roberts, Jason Bowling, Maegan Peton

I. CALL TO ORDER CLOSED SESSION
Mayor Mederos called the closed session to order at 6:01 p.m.

There were no citizen comments.

III. ADJOURN TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

2. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code § 54956.9(c): 7 cases Mayor Mederos adjourned to closed session at 6:02 p.m. for items on the agenda as stated by City Attorney Mario Zamora.

IV. RECONVENE CLOSED SESSION
Mayor Mederos reconvened from closed session at 6:45 p.m.

V. CLOSED SESSION REPORT
Mayor Mederos advised there was no reportable action.

VI. ADJOURN CLOSED SESSION
Mayor Mederos adjourned the closed session at 6:45 p.m. 8465
A regular meeting of the City Council of the City of Tulare was held on Tuesday, June 21, 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 A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala (via Zoom)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Megan Dodd, Janice Avila, Michael Ott, Greg Merrill, Diego Ibanez, Trisha Whitfield, Jason Glick, Nick Bartsch, Jan Bowen, Alexis Costales, Clay Roberts, Jason Bowling, Maegan Peton
VII. CALL TO ORDER REGULAR MEETING
Mayor Mederos called the regular meeting to order at 7:02 p.m.

VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and an invocation was given by Vice Mayor Sayre.

IX. PROCLAMATIONS & RECOGNITIONS

1. Recognizing Community Creators for Unity Project. Vice Mayor Sayre presented a certificate of recognition to members of Community Creators.

2. Recognizing State Farm Insurance for 100 years. Mayor Mederos presented certificates of recognition to the local State Farm agents.

X. 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.

Brian Poth and Erika Hawkyard of Source LGBT+ Center thanked council for recognizing June as Pride Month. Mayor Mederos presented Mr. Poth with the Pride Month proclamation from a previous meeting.

Donnette Silva-Carter, Tulare Chamber of Commerce CEO, presented staff and council with Rosa Brother’s milk in recognition of National Dairy Month as well as introducing new staff for the Tulare Chamber of Commerce.

XI. COMMUNICATIONS
City Manager Marc Mondell provided an update on the Police Chief recruitment process and announced current Police Captain Fred Ynclan was chosen as the next Police Chief. Captain Fred Ynclan provided comment.
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XII. CONSENT CALENDAR
It was moved by Council Member Harrell, seconded by Vice Mayor Sayre, and unanimously carried that the items on the Consent Calendar be approved as presented with the exception of items 6, 9, and 11.

1. Authorization to read ordinances by title only.

2. Approve minutes of the June 7, 2022, regular meeting. [Submitted by: M.

Hermann]

3. Adopt Ordinance 2022-08 adopting the Tulare City Police Department Policy regarding use and inventory of military equipment as required in AB 481. [Submitted by: M. Zamora]

4. Surplus Police K-9 “Thor” and authorize the sale of same to his former handler Officer Bill Robertson for the purchase price of $1.00. [Submitted by:

M. Machado]

5. Adopt a resolution of intention to set a public hearing on July 19, 2022, to adopt landscape maintenance assessments for fiscal year 2022-23. [Submitted by: M. Miller]

6. Authorize the City Manager to execute an oversized construction reimbursement agreement with Quest Equity, LLC for regional storm drainage improvements and property dedication costs that were conditionally required by the City for various private development projects in the Oak Creek development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [Submitted by: M. Miller] Council Member Sigala pulled this item for clarification. Senior Civil Engineer Jan Bowen provided a response thereto. It was moved by Council Member Sigala, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

7. Authorize the City Manager to sign a contract with Peters Engineering Group of Clovis, CA in an amount not to exceed $416,570 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0098, a street and utility improvement project northeast of Tulare Avenue and Dayton Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($41,657) of the contract award amount. [Submitted by: N.

Bartsch]

8. Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $269,620 for topographic surveying, geotechnical analysis, design, bidding and construction support services for Project EN0099, a street and utility improvement project northeast of Tulare Avenue 8467
and Canby Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($26,962) of the contract award amount. [Submitted by: N. Bartsch]

9. Accept the Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for June 2022. [Submitted by: N. Bartsch] Council Member Sigala pulled this item to request an update on the signal light at Prosperity and West. Senior Project Manager Nick Bartsch provided a response thereto. It was moved by Council Member Sigala, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.

10. Authorize the City Manager to sign a contract for the purchase of a Flex CAD/RMS system from Motorola Solutions in the amount of $938,386.73 and authorize a 10% contingency in the amount of $93,838.67, for a total maximum contract amount of $1,032,225.40. [Submitted by: G. Merrill, J.

Bowling, R. Roberts]

11. Authorize the City Manager or designee to sign a 20-year commercial lease agreement with the Tulare Joint Union High School District to provide summer aquatic recreation programming services at the Tulare Western High School pool. [Submitted by: M. Mondell] Mayor Mederos pulled this item for questions on the casualty portion of the agreement. Staff provided a response thereto. It was moved by Mayor Mederos, seconded by Council Member Harrell, and unanimously carried to approve the item subject to a minor change in the casualty paragraph as discussed. Staff will work with the City Attorney’s office on this modification.

12. Authorize the City Manager to execute Agreement Supplement No. 13 in the annual amount of $60,000 plus 4.8% administrative costs and expenses with Townsend Public Affairs (TPA) public sector funding advocates to lobby for funding for City projects. [Submitted by: M. Mondell]

13. Approve a short-term deferred improvement agreement with Presidio JJR Kensington II 100, LLC, a Delaware Limited Liability Company, allowing the construction of the De La Vina Street & Cartmill Avenue intersection traffic signal improvements for Phases 3 and 4 of the Kensington Estates subdivision to be deferred for a maximum of two (2) years, or prior to the City’s acceptance of the required public improvements for Phase 4 of the Kensington Estates subdivision, whichever occurs first. [Submitted by: M.

Miller]
XIII. SCHEDULED PRESENTATIONS

1. Tulare Chamber of Commerce Annual Report presented by CEO Donnette Silva-Carter. Tulare Chamber of Commerce CEO Donnette Silva-Carter and staff member Andy Daniels provided the annual report for Council review. 8468
XIV. MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST – G.C. 54954.2(a)(3) Council reported out on events attended and discussed items of interest.

XV. PUBLIC HEARINGS

1. Adopt a resolution approving the 2022/23 operating budget (with all component parts as listed below); adopt a resolution approving the 2022/23 Position Control Budget and fixing the rate of compensation of regular fulltime employees, regular part-time employees, City Council members and seasonal/temporary employees of the City of Tulare; adopt a resolution establishing the 2022/23 appropriation limit; and receive the BPU adopted Utility Enterprise Fund Budgets. [Submitted by: D. Ibanez] Deputy City Manager Josh McDonnell provided a report for the Council’s consideration. Mayor Mederos opened the public hearing at 9:20 p.m. Receiving no public comment, the public hearing was closed at 9:21 p.m. It was moved by Council Member Harrell, seconded by Council Member Isherwood, and unanimously carried to adopt a resolution approving the 2022/23 operating budget (with all component parts as listed below); adopt a resolution approving the 2022/23 Position Control Budget and fixing the rate of compensation of regular full-time employees, regular parttime employees, City Council members and seasonal/temporary employees of the City of Tulare; adopt a resolution establishing the 2022/23 appropriation limit; and receive the BPU adopted Utility Enterprise Fund Budgets.

2. Adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area 2022/2023 Annual Assessments. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez provided a report to the Council. Tulare Downtown Association Manager John Harman and Adrian Herrera of the Tulare Downtown Association provided comment. Mayor Mederos opened the public hearing at 9:22 p.m. Receiving no public comment, the public hearing was closed at 9:23 p.m. It was moved by Council Member Isherwood, seconded by Council Member Harrell, and unanimously carried to adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area 2022/2023 Annual Assessments.

3. Adopt a resolution ordering improvements for Assessment District 2022-01 for the Fernjo Estates subdivision located along the east side of Mooney Boulevard south of Clover Meadow Avenue. [Submitted by: M. Miller] Deputy City Manager Josh McDonnell provided a report for Council’s consideration. Mayor Mederos opened the public hearing at 9:32 p.m. Receiving no public comment, the public hearing was closed at 9:32 p.m. It was moved by Council Member Harrell, seconded by Vice Mayor Sayre, and unanimously carried to adopt a resolution ordering improvements for Assessment District 2022-01 for the Fernjo Estates subdivision located along the east side of Mooney Boulevard south of Clover Meadow Avenue.
8469

4. Adopt a resolution approving allocation of the City of Tulare’s Encampment Resolution Funding (ERF) Program grant funds in the total amount of $1,029,974 for various services; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program. [Submitted by: A. Costales] Senior Housing and Grants Specialist Alexis Costales provided a report for the Council’s consideration. Mayor Mederos opened the public hearing at 9:43 p.m. Receiving no public comment, the public hearing was closed at 9:44 p.m. It was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to adopt a resolution approving allocation of the City of Tulare’s Encampment Resolution Funding (ERF) Program grant funds in the total amount of $1,029,974 for various services; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program.

XVI. GENERAL BUSINESS

1. Council discussion regarding the parking of tow trucks within a residential zone while on rotation under the City of Tulare Police Department Tow Service Agreement. [Submitted by: T. Myers] This item was taken out of order and heard following Citizen Comments. Mayor Mederos recused himself due to a business conflict and left the room. Community and Economic Development Director Traci Myers provided a report for the Council’s consideration.

Public comment received in support of modifying the ordinance: Erika Rascon, attorney for Prime Towing; Andy Daniels of the Tulare Chamber of Commerce; Jason Bender, Tulare resident; Aiver De La Torre of Prime Towing.

Public comment received against modifying the ordinance: Mark Harry, Tulare resident (email correspondence read by City Manager Marc Mondell).

Following discussion, it was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to direct staff to draft a modification of the ordinance to allow tow trucks to be parked in a residential zone while on rotation with the City.

2. Approve the term sheet for operation of a business accelerator at the former courthouse and direct staff to prepare a lease agreement between the City of Tulare and the Tulare Chamber of Commerce. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. Donnette Silva-Carter, Tulare Chamber of Commerce CEO, provided clarification. Following discussion, it was moved by Mayor Mederos, seconded by Vice Mayor Sayre, and unanimously carried to approve the item as presented.
8470

3. Receive a fund balance update and direct staff to transfer City Council FY 2021-2022 appropriated Community Improvement funds to approved projects. [Submitted by: D. Ibanez] Chief Financial Officer Diego Ibanez provided a report for the Council’s consideration. Following discussion, it was agreed that staff would provide an update on the Council Travel Fund balances in August as well as provide a budget amendment to appropriate an additional $2,500 for each Community Improvement fund.

4. Approve a contract with RRM Design Group in the amount of $653,850 for design and construction support services for the redevelopment of Zumwalt Park; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($65,385) of the contract amount. [Submitted by: N. Bartsch] City Manager Marc Mondell, Senior Project Manager Nick Bartsch, and Aaron Oliver of Lane Engineers provided a presentation for Council review and consideration. Todd Speelman of ST Productions was also available via Zoom for questions. Following discussion, it was moved by Vice Mayor Sayre, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

5. Select one of the nominees from the cities in Tulare County to serve as the Transit Representative to the Tulare County Association of Governments. [Submitted by: M. Mondell] City Manager Marc Mondell provided a report for Council consideration. Following discussion, it was moved by Council Member Sigala, seconded by Council Member Isherwood, and unanimously carried to nominate Hipolito A. Cerros from the City of Lindsay to serve as the Transit Representative to the Tulare County Association of Governments.

XVII. ITEMS OF INTEREST AND FUTURE AGENDA ITEMS – GC 54954.2(a)(3) There were no items.

XVIII. ADJOURN REGULAR MEETING
Mayor Mederos adjourned the regular meeting at 11:10 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
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8472

ACTION MINUTES

CITY COUNCIL OF THE CITY OF TULARE
July 12, 2022
A special meeting of the City Council of the City of Tulare was held on Tuesday, July 12, 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 A. Sayre, Stephen C. Harrell, Patrick Isherwood, Jose Sigala (via Zoom)
STAFF PRESENT: Marc Mondell, Josh McDonnell, Mario Zamora, Mandy Jeffcoach (special counsel), Fred Ynclan, Traci Myers, Diego Ibanez, Michael Miller, Trisha Whitfield, Manny Correa, Jose Rivas, Jason Bowling, Melissa Hermann

I. CALL TO ORDER SPECIAL MEETING
Mayor Mederos called the special meeting to order at 6:02 p.m.

II. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Mederos led the pledge of allegiance and an invocation was given by Vice Mayor Sayre.

III. 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.

Comments were solicited during General Business items.

IV. GENERAL BUSINESS

1. Council review and discussion regarding proposed revisions to Tulare Municipal Code Title 9, Chapter 9.48 – Traffic Standing, Stopping, Parking to allow for an exemption to large commercial vehicles under contract with the Tulare Police Department’s Tow Service Agreement or a Tow Service Agreement with any other public agency to park service vehicles in residential districts from 6:00 p.m. to 6:00 a.m. while in rotation for services under said Agreement. [Submitted by: T. Myers] Mayor Mederos recused himself due to a business conflict and left the room. Community and Economic Development Director Traci Myers provided a report for Council’s review and consideration. Questions by Council were responded to by staff and Aiver de la Torre from Prime Towing. Following discussion, it was moved by Council Member Harrell, seconded by Council Member Isherwood, and carried 3 to 1 (Mayor Mederos recused; Council Member Sigala voted no) to approve the item with the corrected language as presented by Ms. Myers.
8473

2. Review and accept the letter composed by the City Attorney to be sent to property owners who entered into a contract with the City upon the purchase of former Redevelopment Agency property and are now in violation with the terms of that contract. [Submitted by: M. Correa] Mayor Mederos advised that the letter provided by the City Attorney’s office didn’t reflect Council direction.

Following discussion, it was the consensus of Council to have the City Attorney’s office redraft the letter to reflect the intent of Council and proceed with sending out.

City Manager Marc Mondell advised Council will be provided the redrafted letter prior to being sent out.

3. Approve and authorize the City Manager to execute the settlement agreement between the City of Tulare and Del Lago Place, LLC, Great Valley Builders, Inc., Hidden Oak Development Company, Inc., and International Fidelity Insurance Company. [Submitted by: M. Mondell] City Attorney Mario Zamora left the room. Special Counsel Mandy Jeffcoach provided a report for Council’s review and consideration. Questions by Council were responded to by Ms. Jeffcoach and staff. Following discussion, it was moved by Vice Mayor Sayre, seconded by Patrick Isherwood, and carried 4 to 1 (Council Member Sigala voted no) to approve and authorize the City Manager to execute the final version of the settlement agreement as provided by Ms. Jeffcoach.

4. Review and provide direction on possibly revising the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff. [Submitted by: M. Mondell obo Mayor Mederos] Mayor Mederos and City Manager Marc Mondell provided a report for Council’s review and consideration. Following discussion, it was moved by Mayor Mederos, seconded by Council Member Harrell, and unanimously carried to approve the item as presented.

V. ADJOURN SPECIAL MEETING
Mayor Mederos adjourned the special meeting at 7:10 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: City Attorney
For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Approve a resolution allowing for council members to attend council meetings remotely.

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

Councilmember Sigala was unable to attend the council meeting on June 21, 2022, and requested to join remotely. Pursuant to AB 361 and the Brown Act, a resolution is required to allow the remote attendance of a meeting by a council member. The attached resolution approves a council member to attend a meeting remotely.

STAFF RECOMMENDATION:

Approve a resolution allowing for council members to attend council meetings remotely.

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: Mario Zamora Title: City Attorney
Date: July 12, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 4
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

TO ALLOW REMOTE ATTENDANCE FOR THE MEMBERS OF THE COUNCIL WHEREAS, the purpose of this resolution is to comply with AB 361 and the Brown Act; and
WHEREAS, at the June 21, 2022, Council meeting, Council Member Sigala appeared remotely due to COVID related circumstances; and WHEREAS, in compliance with AB 361, the Council has reconsidered the circumstances of the state of emergency and makes the following finding: The state of emergency continues to directly impact the ability of the members to meet safely in person.

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

Section 1. Members of the Council of the City of Tulare shall be able to remotely attend council meetings pursuant to Government Code Section 54953.

Section 2. This resolution shall expire thirty (30) days after adoption unless it is renewed by the Council.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022- 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-XX passed and adopted by the Council of said city at a regular meeting held on July 19, 2022, by the following vote:

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community & Economic Development For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution authorizing the City of Tulare to submit general setup conditions documents to the California Department of Housing and Community Development (HCD) for funding under the HOME Investment Partnerships Program to implement a Tenant Based Rental Assistance Program; and authorize the City Manager or designee to execute any and all other necessary documents.

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

The California Department of Housing and Community Development (HCD) is authorized to allocate HOME Investment Partnerships Program (HOME) funds to non-entitlement jurisdiction made available from the U.S. Department of Housing and Urban Development (HUD). The City of Tulare is eligible to apply for HOME funds through HCD Notice of Funding Availability (NOFA) cycles. The City, as a State Recipient of HOME funds, typically establishes a subcontractor relationship with third-party organizations to implement HOME activities. Most recently, the City garnered 2018 and 2019 HOME grant funds from HCD, all of which are committed to a rental project, first-home buyer, and owner-occupied rehabilitation efforts.

Eligible HOME activities predominantly benefit low- and moderate-income Californians and include:

1. Rental Projects (rental new construction and rental rehabilitation);

2. First-Time Home Buyer (FTHB) Projects (construction financing and homebuyer mortgage assistance only).

AGENDA ITEM: Consent 5
Tenant Based Rental Assistance $ 285,715
Activity Delivery Cost (up to 5% of activity expenses) $ 14,285 Total $ 300,000
City staff are in communication with the Tulare County Housing Authority, who have agreed to administer a TBRA Program for Tulare households. A TBRA Program is a rental subsidy program that is designed to assist eligible tenants with the payment of monthly rent and utility costs, security deposits, and/or utility deposits. TBRA assistance will make up the difference between the amount the household can afford to pay for monthly rent and utilities and the actual cost of the housing occupied by the household. All TBRA assistance will be made in the form of a grant, and will not have to be repaid.

Assistance under a TBRA Program will provided over a 12-month term and is subject to renewal if funding is available. The minimum term of assistance will be 12 months unless a shorter term of as few as 6 months is requested by a qualifying household. Housing and Grants Division staff recommend that a TBRA Program establishes a lease for eligible households at single-family and multi-family units within the City of Tulare. Overall, a City of Tulare TBRA Program will be directed for use by people currently housed or looking for a new unit. Participants who relocate from Tulare County to another jurisdiction will lose their eligibility for participation in the Program.

FINANCIAL IMPACT:

The City of Tulare currently operates two (2) HOME activities, a FTHB and OOR Program.

HOME 2019 grant funds and available Program Income account for activity, activity delivery, and general administration costs of these two activities to-date. If City Council adopts the resolution and HCD approves general setup conditions, then the City may begin expending available HOME Program Income on a TBRA activity and associated activity delivery costs as necessary. Additionally, Housing and Grants Division staff will review the feasibility of expending a portion of annual Community Development Block Grant (CDBG) funds to offset any activity delivery costs of a TBRA operator that exceeds the allowable 5 percent activity delivery rate set by HCD for a HOME TBRA Program.

STAFF RECOMMENDATION:

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

HOME Program Income Funds (Fund 076)
Submitted by: Alexis Costales Title: Sr. Housing and Grants Specialist Date: July 11, 2022 City Manager Approval: ____________ Attachments:

1. Resolution for Approval to Submit General Setup Conditions Documents for a TBRA Activity

2. Resolution for Approval of Program Guidelines for Tenant Based Rental Assistance Activity

3. Program Guidelines – Template – Tenant Based Rental Assistance Activity RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE SUBMITTAL OF GENERAL SETUP CONDITIONS DOCUMENTS

TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIPS PROGRAM; AND IF APPROVED, THE EXECUTION OF A

SERVICE AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED

DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT

PARTNERSHIPS PROGRAM
WHEREAS, the City of Tulare, a municipal corporation of the State of California (hereinafter the “City”), wishes to apply for and receive an allocation of funds through the HOME Investment Partnerships Program; and
WHEREAS, the California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds, and accrued HOME Program Income, are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200; and
WHEREAS, to satisfy general setup conditions, the City of Tulare a Municipal Corporation (the “State Recipient”), will establish an agreement for services with the Housing Authority of the County of Tulare by way of a subrecipient arrangement to operate a Tenant Based Rental Assistance program, and upon execution of a service agreement, the City will submit a copy of the executed agreement to the Department; and
WHEREAS, on or after July 25, 2022, the City of Tulare and the Housing Authority of the County of Tulare will submit program guidelines and general setup conditions documents to the Department for review and approval to implement a Tenant Based Rental Assistance Program and commit available HOME Program Income to activity and administration costs accordingly.

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

Section 1. The City of Tulare shall submit program guidelines and general setup conditions documents to the Department to participate in the HOME program and permit a commitment of HOME funds not to exceed Three Hundred Thousand Dollars ($300,000) for the following activities and/or programs:

Tenant Based Rental Assistance Program $300,000
RESOLUTION 2022- Page 2
to be located in City Limits of Tulare.

Section 2. If the program guidelines and general setup conditions documents are approved, then the City of Tulare hereby agrees to use HOME Program Income funds for TBRA, for eligible activities in the manner presented and approved by the Department in accordance with the statutes and regulations cited above. The City of Tulare may also execute a Service Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).

Section 3. The City of Tulare authorizes City Manager or their designee(s) to execute, in the name of the State Recipient, the required documents.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

APPROVING PROGRAM GUIDELINES FOR A HOME INVESTMENT

PARTNERSHPS TENANT BASED RENTAL ASSISTANCE PROGRAM
WHEREAS, the City of Tulare, a political subdivision of the State of California, has established Program Guidelines which govern the administration of its TenantBased Rental Assistance Program; and WHEREAS, the City desires to approve the Guidelines for the Tenant-Based Rental Assistance Program to comply with the California Department of Housing and Community Development’s requirements.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare the updated Program Guidelines for the Tenant-Based Rental Assistance Program is approved.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
City of Tulare
HOME Investment Partnerships Program
California Department of Housing & Community Development Serving the Area of
the City of Tulare

HOME TENANT-BASED

RENTAL ASSISTANCE

PROGRAM
(“TBRA”)

PROGRAM GUIDELINES

HCD Certificate Model Version: 12/2019
Approved by HOME HCD MM/DD/2022
Approved by City of Tulare 07/19/2022
(Revision Approved by HOME 01/08/2021)
City of Tulare HOME TBRA Program Guidelines Page 2

TABLE OF CONTENTS
I. Introduction 3
II. Eligibility 4
III. Applying for Admission 9
IV. Occupancy Standards 10
V. TBRA Eligibility Agreement Issuance and Briefings 12 VI.

Lease Addendum and Home Rental Assistance (HRA)
Contract Execution 15
VII. Housing Quality Standards 16
VIII. Denial or Termination of Assistance 17

ATTACHMENTS
A.
24 CFR Part 5 Annual Income Inclusions and
Exclusions 19
B. 24 CFR Part 5 Asset Inclusions and Exclusions 23
C. Current Program Income Limits 24
D. Current Program Rent Standards 25
E. TBRA Eligibility Agreement 26
F. Lease Addendum 29
G.

Additional Lease Addendum (Violence Against Women
Act) 32
H. HOME TBRA Contract 33
I. 24 CFR § 982.401 Housing Quality Standards (HQS) 38
J.

Housing Quality Standards (HQS)
Inspection Form 42
K. Tenant Selection Plan 43
City of Tulare HOME TBRA Program Guidelines Page 3
City of Tulare
TENANT-BASED RENTAL ASSISTANCE (“TBRA”)

PROGRAM GUIDELINES
I. INTRODUCTION
These Program Guidelines have been developed by the California Department of Housing and Community Development (HCD) based on the Section 8 Housing Assistance Program (HAP) operated by the U.S. Department of Housing and Urban Development (HUD), and have been adopted for the implementation of the City of Tulare HOME Tenant-Based Rental Assistance Program (hereinafter referred to as “TBRA Program”).

Conflict of Interest Requirements
In accordance with 24 CFR Section 92.356 of the HOME Investment Partnerships (HOME) Final Rule, the following will apply:
(a) Conflicts prohibited. No persons described in paragraph (b) of this section who exercises or has exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to the HOME-assisted activity, or the proceeds from such activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including stepparent), child (including stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild and in-laws of a covered person. (b) Persons covered. The conflict of interest provisions of paragraph (a) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds.
(c) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction to HCD, HUD may grant an exception to the provisions of paragraph (a) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. See 24 CFR 92.356(d)(1-6) for details on the documentation needed in order to submit an exception request to HCD.

Participating Agencies
The City of Tulare TBRA Program will be administered by the Housing Authority of Tulare County (hereinafter referred to as “Program Operator”). Note: The term City of Tulare HOME TBRA Program Guidelines Page 4
“Program Operator” used throughout this document refers to the Program Administrator named above.

Fair Housing
The Fair Housing Lender and Accessibility logos will be placed on all outreach materials. The Program Operator will follow affirmative marketing procedures that provide information, through the implementation of an outreach marketing program to attract all eligible persons without regard to race, color, national origin, sex, sexual orientation, gender identity, age, religion, disability, and familial status. Affirmative marketing plans and procedures shall be approved by HCD. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the TBRA Program’s eligible area compared to the ethnicity of the population served by the TBRA Program (includes, separately, all applications received and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the TBRA Program. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the TBRA Program-eligible area.

II. ELIGIBILITY
The TBRA Program will be available in areas located within the City of Tulare.

Each household may choose to remain in their eligible unit, or may choose to rent any other eligible unit in the service area identified above.

Income Qualification Criteria
Projected gross annual income of the applicant household will be used to determine whether it is above or below the published HCD income limits. Income qualification criteria, as shown in the most recent HCD program-specific guidance at http://www.hcd.ca.gov/grants-funding/income-limits/income-calculation-anddetermination-guide.shtml, will be followed to independently determine and certify the household’s gross annual income. Income will be verified by reviewing and analyzing tax returns, copies of wage receipts or paystubs, subsidy checks, bank statements and third-party verification of employment forms sent to employers. All documentation shall be dated within six (6) months prior to assistance, at a minimum, be recent, cover a consecutive two (2) month period.

A. HOUSEHOLD INCOME DEFINITION:

Household income is the gross annual income of all adult household members that is projected to be received during the coming 12-month period, and will be used to determine TBRA Program eligibility. Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when calculating gross annual City of Tulare HOME TBRA Program Guidelines Page 5
income. For those types of income counted, gross amounts (before any deductions have been taken) are used, and the types of income that are not considered would include income of minors or live-in aides. Certain other household members living apart from the household also require special consideration. The household’s projected ability to pay must be used, rather than past earnings, when calculating income.

The Part 5 Annual Income Inclusions and Exclusions list is attached to these guidelines as ATTACHMENT A. In addition, the link to HUD’s Annual Income and Exclusions chart is:
http://www.hcd.ca.gov/grants-funding/income-limits/income-calculationand-determinationguide/docs/AppendixB_AnnualIncomeInclusionsExclusions.doc B. ASSETS:

There is no asset limitation for participation in the TBRA Program.

Income from assets is, however, recognized as part of annual income under the Part 5 definition. An asset is a cash or non-cash item that can be converted to cash. The value of necessary items such as furniture, clothing and automobiles are not included. (Note: it is the income earned – e.g. interest on a savings account – not the asset value, which is counted in annual income.)
An asset’s cash value is the market value less reasonable expenses required to convert the asset to cash, including penalties or fees for converting financial holdings and costs for selling real property. The cash value (rather than the market value) of an item is counted as an asset.

Part 5 Asset Inclusions and Exclusions is attached to these guidelines as ATTACHMENT B.

Eligible Families – Income and Assets
Most applicants must have household incomes at or below sixty percent (60%) of the applicable County’s area median income (AMI), adjusted by household size, as published by HCD each year (see ATTACHMENT C). The link to current HOME income limits adjusted by household size is: http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml However, the TBRA Program may provide assistance to up to ten percent (10%) of its assisted households with incomes at or below eighty percent (80%) of County’s AMI, under each HOME contract.
“Household” means one or more persons who occupy a housing unit. Subject to the exemptions allowed in the “Income Determination Guide”, all persons, including City of Tulare HOME TBRA Program Guidelines Page 6
unborn children, and including non-related individuals, will be considered household members for purposes of determining income eligibility.

All adult applicants must certify that they meet the household income eligibility requirements for the TBRA Program and have their household income documented.

The income limits in place at the time the applicant(s) eligibility is certified will apply when determining applicant income eligibility.

General TBRA Program Design
The TBRA Program is a rental subsidy program that is designed to assist eligible tenants with the payment of monthly rent and utility costs, security deposits, and utility deposits. TBRA assistance will make up the difference between the amount the household can afford to pay for monthly rent and utilities and the actual cost of the housing occupied by the household. All TBRA assistance will be made in the form of a grant, and will not have to be repaid.

NOTE: Assistance under the TBRA Program will consist of one 12-month term and is subject to renewal if funding is available. The minimum term of assistance will be 12 months unless a shorter term of as few as 6 months is requested by the household.

The TBRA Program may be used only within the City of Tulare. It is intended for use by residents and unsheltered residents of the City of Tulare, within Tulare County, and may not be used in any other county. Participants who relocate from Tulare County to another jurisdiction will lose their eligibility for participation in the Program.

Rental Security Deposits
The TBRA Program may approve the payment of a rental security deposit to the landlord for new rentals where the program recipient has less than six months of gross income in their checking/savings accounts, and where the lease between the landlord and tenant is for at least six months. The amount of the security deposit may not exceed the equivalent of two month’s rent for the unit. Rental security and utility deposits, if any, are grants and not loans, and shall therefore be returned to the tenant at the end of the rental agreement.

Rent (Payment) Standards
The TBRA Program has adopted a Schedule of Rent Standards (also known as Payment Standards) in accordance with the method identified in HOME Final Rule Section 92.253(h)(3)(ii). Rent Standards will be updated annually and attached hereto as ATTACHMENT D. These Rent Standards will represent the highest gross rent (unit rent plus Utility Allowance) that can be approved for TBRA assistance.

Utility Allowances
The TBRA Program has elected to utilize the project-specific utility schedule in which the housing unit is located, when available. If none is available for a given unit, the local Public Housing Authority’s Schedule of Utility Allowances will be utilized. The utility allowances for affected tenants will be determined by obtaining a copy of the current utility allowance schedule for the project in which the housing unit is located, or else the published local Public Housing Authority Schedule. Any utilities that are City of Tulare HOME TBRA Program Guidelines Page 7
not included in the rent will be factored into the calculation of TBRA assistance, as illustrated in the examples below.

Rental Assistance Subsidy Amounts
The monthly rental subsidy for each household will be the difference between the Gross Rent (approved rent plus the utility allowance, if any) and either thirty percent (30%) of the household’s adjusted monthly income or 10% of the household’s gross monthly income, whichever is more. The amount the tenant must pay monthly is known as the Total Tenant Payment (“TTP”).

Examples for Calculating Tenant and Program Payment
The Smith household has been income certified and is eligible for assistance. Based on their household composition they are eligible for a two-bedroom unit. Their Gross Annual Income is $22,500 and their Adjusted Gross Annual Income is $18,300.

Thirty percent (30%) of their adjusted Gross Monthly Income is $458. The current TBRA Payment Standard for a two-bedroom unit is $775. The current utility allowance is $100. Since 10% of their Gross Annual Income is less than 30% of their Adjusted Gross Annual Income, the adjusted income is used in these examples.

EXAMPLE 1: Unit Rents for $725 with all utilities included The Smiths must pay $458 monthly TTP Approved Rent: $725 (30% of adjusted gross monthly Less TTP (all for rent) ( 458) Income, so $18,300/12 x 0.30 = $458) Program payment for rent $267 Note: In this first example, since all utilities are included, there is no Utility Allowance, so the whole TTP goes toward rent.

EXAMPLE 2: Unit Rents for $625 with some or no utilities included The Smiths must pay $458 monthly TTP Approved Rent: $625 (30% of adjusted gross monthly Plus Utility Allowance 100 Income, so $18,300/12 x 0.30 = $458) Equals Total rent/utilities $725 Less TTP ($100 for utilities
and $358 for rent) ( 458)
Program Payment for rent $267

Note: In this second example, the Total Tenant Payment of $458 is split between the utility allowance amount (for non-included utilities, using the applicable Utility Allowance Schedule) and the tenant’s share of the rent.

Utilizing the same rents and utility allowances as in the previous two examples, there are occasionally circumstances in which the Total Tenant Payment is so low that it will not even cover the estimated cost of utilities. Performing the analysis assuming the Smith household’s Gross Annual Income and Adjusted Gross Annual Income are both $3,000 results in the following:

EXAMPLE 3: Unit Rents for $625 with no utilities included (less income) The Smiths must pay $75 monthly TTP Approved Rent: $625 City of Tulare HOME TBRA Program Guidelines Page 8
(30% of adjusted gross monthly
Income, so $3,000/12 x 0.30 = $75) Plus Utility Allowance 100 Equals Total rent/utilities $725
Less TTP ($75 for utilities
and $0 for rent) ( 75)
Equals monthly subsidy $650
Less Program rent pmt. (625)
Equals Program payment
($100 Utility Allowance less $75 paid by tenant) to tenant for utilities $ 25 Note: In this third example, the Total Tenant Payment of $75 isn’t enough to cover the estimated utility expenses. The TBRA Program therefore pays all of the rent for the unit and a Utility Reimbursement to the tenant to cover the portion of the estimated utilities that exceed 30% of their adjusted income.

III. APPLYING FOR ADMISSION
How to Apply
Families may apply for assistance by completing and submitting an application package to the Program Operator.

Completion of an Application
Upon completion of the application, an interview appointment will be scheduled. The interview appointment may be conducted in person or by telephone.

Applicants are responsible for rescheduling interview appointments when the original appointment is missed. If the Applicant does not reschedule and misses two consecutive interview appointments, the application may be rejected. • At a minimum, the head of household will be required to attend the interview appointment. All adult household members must sign the Applicant/Tenant Certification Form in order for the application to be considered complete. • Information provided by the Applicant to be verified includes information on household composition, income, allowances and deductions, preference status, full-time student status, and other factors relating to eligibility before being issued a TBRA Eligibility Agreement.
• Third-party verifications shall be obtained by telephone. When telephone requests are unsuccessful, the Program Operator will make adequate effort to ensure the third party is a valid source by documenting and including in the tenant’s file the following information: Third-party’s name, attempted contact person and contact information; name of the person who attempted the telephone interview; and date and time of the telephone call.

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If additional information is needed to determine eligibility, a request will be sent to the Applicant, detailing the necessary additional information, which must be submitted within 10 working days. If no response is received within 10 days, a second request will be sent, allowing an additional 10 days to respond. If no response is received to the second request for additional information, an ineligibility letter will be sent. After the verification process is completed, the Program Operator will make a final determination of eligibility based on verified data.

IV. OCCUPANCY STANDARDS
All units occupied by households receiving TBRA assistance must meet the Housing Quality Standards found at 24 CFR 982.401 at the time of initial occupancy and throughout assisted tenancy.

Size of Units
Households meeting the preference criteria may remain in their units and be assisted in place; however if they elect to select a different unit, the following occupancy standards shall apply.

The occupancy standard for the TBRA Program is two persons per sleeping area. The standards prescribed will apply to the majority of families. However, in some cases the relationship, age, sex, health, or disability of a household member may warrant the assignment of a larger unit. Exceptions for larger units may be granted within the following guidelines:
• Unborn children shall be included in the size of the household; • Persons with verifiable medical needs;
• Other extenuating circumstances;
• Foster children are included when determining unit size (but not for household size for income limits evaluation);
• Space will not be provided for a household member who is absent more than 90 consecutive days (e.g., member of the military);
The following provides guidance on over-crowding and under-crowding:

Unit Size Min. # of Persons Max. # of Persons
1-BDR. 1 2
2-BDR. 2 4
3-BDR. 3 6
4-BDR. 4 8

Permanently Absent
If any adult member of a household leaves the unit for more than ninety (90) days, that adult member will be considered permanently absent from the unit. A remaining adult City of Tulare HOME TBRA Program Guidelines Page 10
member of the household must report, in writing within ten (10) days, the change in household composition to the property manager and the Program Operator, who will then remove the absent adult as a household member.

Visitors
Any adult not included on the application that is in the unit for thirty (30) consecutive days without the written approval of the Program Operator will be considered to be living in the unit as an unauthorized household member.

Absence of evidence of a verifiable address will be considered verification that the visitor is a member of the household.

Statements from neighbors and/or the landlord will be considered in making a determination.

The burden of proof that an individual is a visitor rests on the household. In the absence of such proof, an individual will be considered an unauthorized member of the household and the Program Operator may terminate assistance if prior approval was not requested for the addition.

In a joint physical custody arrangement, if a minor is in the household less than 183 days per year (50% of the year), the minor will be considered to be an eligible visitor and not a household member.

Change in Household Composition
The Program Operator will verify changes in household composition (either reported or unreported). However, the burden of proof that an individual has moved ultimately rests on the household.

Change in Ownership
A change of ownership will be processed upon receipt of evidence of ownership, and a Letter of Authority Transfer, if applicable. Prior to the change of ownership taking effect, any payments made to the previous owner will be the responsibility of the new owner to recover.

Participant Relocation
Household relocation shall be limited. A household may move to a new unit during the lease only:
• When a mutual agreement between the owner and the tenant has been signed; or
• For good cause (the recipient must provide documentation such as police reports, court order, etc.)
In either case, the recipient must provide proper notice (30-day written notice) to the Program Operator and the Property Manager prior to initiating a move.

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V. TBRA ELIGIBILITY AGREEMENT ISSUANCE AND BRIEFINGS
Purpose of Briefings
The purpose of the briefing is to provide new participants with the information found in the TBRA Eligibility Agreement (ATTACHMENT E). This will ensure that all Participants are aware of their responsibilities and the ramifications if they fail to comply.

Attendance Requirement
The head of household is required to attend a briefing to receive TBRA assistance.

Format
Briefings can either be in a group or held individually.

The TBRA Eligibility Information briefing shall cover the following:
• Procedures for notifying the Program Operator of abuses such as side payments or other overcharges and Housing Quality Standard violations in the unit;
• The HUD brochure on lead-based paint (Protect Your Family From Lead in Your Home) and information about where blood level testing is available, for units built prior to 1978.
• Conditions and procedures for notifying the Program Operator of changes which may occur between annual re-examinations;
• Conditions in the lease addendum under which tenancy may be terminated; and • Conditions under which TBRA Housing Program assistance may be terminated.

Household Obligations
While the relationship between the tenant and landlord is the same as in the private housing market, the TBRA Housing Program participants have the following additional obligations:

1. The household must supply any information that is determined to be necessary in the administration of the TBRA Program, which may include rental history including any evictions, credit history, and criminal background information. The Program Operator may reject an applicant based on the information provided.

2. Any guest or household member who causes damages beyond normal wear and tear will be the responsibility of the household. If Housing Quality Standards (HQS) failures are determined to be caused by a tenant or guest, it will be the tenant’s responsibility to correct. If the failure is life-threatening, the tenant must correct the defect within 24 hours. For other tenant-caused failures/defects, the tenant must correct the defect within 30 calendar days (or by a Programapproved extension).

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3. The members of the household must not commit fraud, bribery or any other corrupt or criminal act in connection with the TBRA Program.

4. The household must allow the Program Operator to inspect the unit for Housing Quality Standards at reasonable times and after reasonable notice (24 hours).

5. The household may not commit any serious or repeated violation of the lease.

6. The household must give the Program Operator a copy of any owner eviction notice within three business days.

7. The household must use the assisted unit for residence by the household. The unit must be the household’s only residence.

8. The Program Operator must approve the composition of the household residing in the unit. The household must inform the Program Operator of the birth, adoption, or court-awarded custody of a child within three business days. The household must request Program Operator approval to add any other household member as an occupant of the unit.

9. The household must notify the Program Operator if any household member no longer resides in the unit within three business days.

10.The household must not sublease or sublet the unit.

11.The household must not assign the lease or transfer the unit.

12.The household must supply any information or certification requested by the Program Operator to verify that the household is living in the unit, at any time.

13.The household must not own or have any interest in the unit.

14.The members of the household must not commit fraud, bribery or any other corrupt or criminal act in connection with the Program.

15.The household must notify the owner and, at the same time, notify the Program Operator no less than 30-days prior to when the household intends to move out of the unit or terminate the lease
Discretion to Deny or Terminate Assistance
In deciding whether to deny or terminate assistance because of action or failure to act by members of a household, the Program Operator has the discretion to consider all of the circumstances in each case, including the seriousness of the case and the extent of participation or culpability of individual household members. The Program Operator may also review the household’s more recent history and record of compliance, and the effects of denial or termination of assistance on other household members who were not involved in the action or failure to act.

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The Program Operator may impose, as a condition of continued assistance for other household members, a requirement that household members who participated in or were culpable for the action or failure to act will not reside in the unit. The Program Operator may permit the other members of the household to continue in the TBRA Program.

Term of the TBRA Eligibility Agreement
A newly-issued TBRA Eligibility Agreement will be valid for a period of sixty (60) days from the date of issuance.

Joint Custody of Children
Children who are subject to a joint custody agreement will be considered members of the household if the applicant has at least 50% legal and physical custody of the minor as evidenced by legal documentation.

Alimony and Child Support
Regular alimony and child support payments are counted as income. If the amount of child support or alimony received is less than the amount awarded by the court, the Program Operator will use the amount awarded by the court unless the household can document non-receipt or receipt of a lower amount.

TBRA Housing Authorization Determination for Split Households In cases where a household assisted by the TBRA Program becomes divided into two households due to divorce, legal separation, or the division of the household, the TBRA Program will recertify the household members remaining in the assisted unit to determine eligibility and the level of assistance.

Initial, Annual and Interim Examinations
The Program Operator will perform initial, annual and interim examinations, as required.

Annual Re-examinations
Households will be notified in writing 120 days in advance of the scheduled effective date of the re-examination. The Program Operator will use the same procedures for obtaining and verifying information that were used at admission. The Program Operator will compare the information the household reports against the household’s most recent re-examination to identify any discrepancies and ask the household to explain them.

The following procedures will be followed for each re-examination:
• Re-verification of household income and composition;
• Unit inspection;
• Rent reasonableness verified, if the landlord is requesting a rent increase; • The owner and household are notified of tenant contribution increase at least 30 days prior to the effective date.

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The head of household, and any additional adult living in the unit must have a current Form HUD-9886, Authorization for Release of Information/Privacy Act Notice, on file any time verification of income is to be determined.

Households and owners will be notified of the results of the re-examination and effective date of any changes.

Reporting Changes Between Regularly-Scheduled Recertification’s:

If any of the following changes occur, the Resident agrees to advise management and the Program Operator within ten (10) days:
• Any household member moves out of the unit;
• The household proposes to move a new member into the unit; • An adult member of the household who was reported as unemployed on the most recent certification (or recertification) obtains employment; • The household’s income cumulatively changes by ten percent (10%) or more a month.

Interim Examinations
If an interim re-examination indicates that the tenant rent will be reduced or increased by ten percent (10%) or more, changes may take effect the first of the month following the determination, allowing for a 30-day notification to the tenant. If the change is less than ten percent (10%), no interim recertification will be processed, but the documentation will become part of the tenant file.

Households and owners will be notified of the results of the re-examination and effective date of any changes.

VI. LEASE APPROVAL, LEASE ADDENDUM AND HOME RENTAL ASSISTANCE

CONTRACT (HRA CONTRACT) EXECUTION
Issuance of TBRA Housing Authorization and Requesting Program Approval to Lease a Unit
When a household is selected for participation in the TBRA Program, the Program Operator will issue a TBRA Housing Authorization to the household. The household may search for a unit within the City of Tulare, unincorporated areas of Tulare County, and all other non-entitlement jurisdictions in Tulare County. When the household finds a unit, and the owner is willing to lease the unit under the Program, the household must request Program Operator approval of the unit.

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The household must submit request for lease approval and a copy of the proposed lease. Both documents must be submitted during the term of the TBRA Housing Authorization. The lease submitted for approval must also include the Lease Addendum and Additional Lease Addendum. These Lease Addendums are required under both the Section 8 Housing Assistance Program and the California HOME TBRA Program. The Lease Addendums are attached as “Attachment G and Attachment H”.

The lease between a tenant and an owner of rental housing assisted with HOME funds must be for not less than one year, unless by mutual agreement between the tenant and the owner.

Lease Approval / Disapproval
After the Program Operator has reviewed the Home Rental Assistance Program Request for Unit Approval form, the proposed lease agreement, documented rent reasonableness, and conducted an inspection and passed the unit, the Program Operator may approve the lease. If the Program Operator determines that the lease cannot be approved (e.g. fails rent reasonableness), the landlord and household will be notified and the reason(s) provided. The Program Operator will explain the problems to the owner and suggest how they may be corrected. If the problem can be corrected, the Program Operator will continue processing the Home Rental Assistance Program Request for Unit Approval.

If the problem cannot be corrected after negotiations with the owner, the Program Operator will inform the tenant that the lease is not approved and that the tenant should continue to search for eligible housing.

Lease Addendum
Prior to commencement of the TBRA Program assistance, the Program Operator requires that the Program’s Lease Addendum (ATTACHMENT F) and its Additional Lease Addendum (ATTACHMENT G) be executed by the landlord and tenant.

HOME Rental Assistance Contract (HRA Contract)
The HRA Contract is a contract between the Program Operator and an owner. In the HRA Contract for the TBRA Program, the owner agrees to lease a specified dwelling unit to a specified eligible household, and the TBRA Program agrees to make monthly housing assistance payments to the owner for the household. The TBRA Program HRA Contract is based on the HAP Contract used for the Section 8 Housing Assistance Program. A copy of the TBRA Program’s HRA Contract is attached as “ATTACHMENT H.” The term of the lease between the owner and the tenant may not expire before the term of the TBRA assistance.

Prior to HRA Contract execution, the Program Operator will ensure:
• That the income information is not more than 180 days old for participants; • That owners provide their current address of residence or business, and proof of ownership of the property;
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• That if there is not an existing lease, the landlord offer the tenant a one-year lease per HOME requirements, or provide evidence of a rejection of that offer in favor of a shorter lease for at least the HOME assistance term; • That a Letter of Transfer of Authority is available if a management agent manages the property; and
• That Rent Reasonableness has been verified per the following procedures.

Rent Reasonableness
The Program Operator will make a determination as to the reasonableness of the rent the owner is proposing in relation to comparable units on the private unassisted market.

The market area for rent reasonableness comparables shall include the similar areas of the city or county where the proposed rental is located.

Rent reasonableness determinations are made when units are placed under HRA Contract for the first time and when owners request annual or special contract rent adjustments. The Program Operator will certify and document in the tenant file that the approved rent:
• Does not exceed rents charged by the owner for comparable unassisted units in the private market; and
• Is reasonable in relation to rents charged by other owners for comparable units in the private market.

The items used for rent reasonableness documentation include:
• Square footage;
• Number of bedrooms;
• Number of bathrooms;
• Location;
• Unit type;
• Quality;
• Amenities;
• Facilities;
• Date built; and
• Management and maintenance services.

Documentation of the rent reasonableness study for each unit leased will be maintained by the Program Operator. The Program Operator will maintain a file(s) that includes comparable data on unassisted units in the private market, and will compare the subject unit against selected units in the same area with similar characteristics.

Adjustments will be made for favorable and unfavorable differences between the subject unit and the comparables. The information on unassisted units will be updated on an annual basis.

VII. HOUSING QUALITY STANDARDS
Policy
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No unit will be placed on the TBRA Program unless Housing Quality Standards (HQS) and applicable local building codes are met, in accordance with 24 CFR 982.401. The units must continue to meet these standards as long as the household is on the TBRA Program. Lead-based paint requirements will apply to all units constructed prior to 1978. The TBRA Program adheres to the acceptability criteria in HUD Section 8 Housing Assistance program regulations for Housing Quality Standards. Current HQS Inspection Forms are attached as “ATTACHMENT J”.

All Housing Quality Inspections will be performed by the Program Operator (or its designee).

There are four types of inspections:
• Initial
• Annual
• Special
• Move-out: Move-out inspections will be completed within 15 working days when requested by either the tenant or landlord.

Clearing Deficiencies
At initial and annual inspections, the owner will be given not more than 30 days to correct the items noted as “fail”. Extenuating circumstances could, with Program Operator approval, extend the time limit allowed to correct the items. The owner may be allowed two re-inspections for repair work to be completed (at inspector’s discretion) depending upon the complexity of work to be done. If, after the inspections, the unit still fails HQS, the household will be required to find another unit if it wishes to remain on the TBRA Program.

Owner Fails to Correct HQS Items
If the HRA Contract is terminated due to the owner’s failure or refusal to correct the failed items, and the current TBRA Program tenant was required to move to another unit to continue receiving TBRA Program assistance, the Program Operator will not approve the vacated unit for a new TBRA Program tenant for a minimum of one year, and only upon receiving a written assurance from the owner that they will fulfill the requirements of the minimum HQS in the future.

Request for Special Unit Inspection
A landlord/owner, tenant, or the Program Operator may request to have the tenant’s unit inspected prior to the re-examination date. The Program Operator or its designee will schedule the inspection within ten (10) working days of the request.

VIII. DENIAL OR TERMINATION OF ASSISTANCE
Tenant Fraud
If the household has knowingly committed fraud in connection with the TBRA Program, the Program Operator may terminate assistance and cancel the HRA contract.

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If the household has misrepresented income, assets, or allowances, which would have caused an increase in the tenant portion of the rent, the Program Operator will make every effort to recover any overpayment made as a result of tenant fraud or abuse.

If the household intentionally, willingly, and knowingly commits fraud or is involved in any other illegal scheme with the owner, the Program Operator may deny or terminate assistance.

Landlord Fraud
If a landlord has committed fraud or misrepresentation in connection with the TBRA Program, the Program Operator will terminate the HOME Rental Assistance (HRA) Contract and review the circumstances and household’s involvement to determine if the household is eligible to relocate to another unit with continuation of assistance.

The Program Operator may bar the landlord from participation in the TBRA Program for breach of the HRA Contract.

The Program Operator will make every effort to recover any overpayments made as a result of landlord fraud or abuse.

Lease Violations
Termination of tenancy will be permitted only if a tenant has serious or repeated violations of the terms and conditions of the lease.

The following criteria will be used to decide if a serious or repeated violation of the lease will result in termination of assistance:
• If the owner terminates tenancy through court action for serious or repeated violation of the lease;
• If the owner notifies the household of termination of tenancy for serious or repeated lease violations, and the household moves from the unit prior to the completion of court action;
• If there are police reports, neighborhood complaints or other third party information, that has been verified by the Program Operator; or • Other “good cause” exists for termination of the tenancy. • information, that has been verified by the Program Operator; or • Other “good cause” exists for termination of the tenancy.

Dispute Resolution and Appeals Procedure
Any applicant denied assistance from the Program has the right to appeal. Complaints concerning the Program should be made to the Program Operator first. If unresolved in this manner, the complaint or appeal must be made in writing and filed with the Sponsor. The Sponsor will then schedule a meeting with the Assistance Review Committee. Their written response will be made within thirty (30) working days. If the applicant is not satisfied with the Committee's decision, a request for an appeal may City of Tulare HOME TBRA Program Guidelines Page 19
be filed with the Sponsor’s governing body. Final appeal must be filed in writing with HCD within one year after denial.

City of Tulare HOME TBRA Program Guidelines Page 20

ATTACHMENT A
24 CFR Part 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS
24 CFR Part 5 Annual Income Inclusions
§5.609 Annual income.
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.
(b) Annual income includes, but is not limited to:
(1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family; (3) Interest, dividends, and other net income of any kind from real or personal property.

Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;
(4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); City of Tulare HOME TBRA Program Guidelines Page 21
(6) Welfare assistance payments.
(i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:
(A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and
(B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
(B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.
(7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling;
(8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section).
(9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition and any other required fees and charges, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income. 24 CFR Part 5 Annual Income Exclusions
City of Tulare HOME TBRA Program Guidelines Page 22
(c) Annual income does not include the following:
(1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); (3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section);
(4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
(5) Income of a live-in aide, as defined in §5.403;
(6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;
(8) (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;
(iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time;
(v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;
(9) Temporary, nonrecurring or sporadic income (including gifts); City of Tulare HOME TBRA Program Guidelines Page 23
(10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
(12) Adoption assistance payments in excess of $480 per adopted child; (13) [Reserved]
(14) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
(15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;
(16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or
(17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the FEDERAL REGISTER and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary.
(d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

City of Tulare HOME TBRA Program Guidelines Page 24

ATTACHMENT B
Asset Inclusions and Exclusions January, 2005
ASSET INCLUSIONS:

1. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the current balance. For checking accounts, use the average 6-month balance. Assets held in foreign countries are considered assets.

2. Cash value of revocable trusts available to the applicant.

3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner-occupied rehabilitation projects.

4. Cash value of stocks, bonds, Treasury bills, certificates of deposit, mutual funds, and money market accounts.

5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty).

6. Retirement and pension funds.

7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy).

8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc.

9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments.

10. Mortgages or deeds of trust held by an applicant.

ASSET EXCLUSIONS:

1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities.

2. Interest in Indian trust lands.

3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household and that other person is responsible for income taxes incurred on income generated by the asset.

4. Equity in cooperatives in which the family lives.

5. Assets not accessible to and that provide no income for the applicant.

6. Term life insurance policies (i.e., where there is no cash value).

7. Assets that are part of an active business. "Business" does not include rental of properties that are held as an investment and not a main occupation.

City of Tulare HOME TBRA Program Guidelines Page 25

ATTACHMENT C

CURRENT INCOME LIMITS FOR TULARE COUNTY
As of June 15, 2022
Household Size:

Income
Category: 1 2 3 4 5 6 7 8
50% $27,300 $31,200 $35,100 $38,950 $42,100 $45,200 $48,300 $51,450 60% $32,760 $37,440 $42,120 $46,740 $50,520 $54,240 $57,960 $61,740 80% $43,650 $49,850 $56,100 $62,300 $67,300 $72,300 $77,300 $82,250 The link to the official, HCD-maintained HOME Income Limits is:
https://www.hcd.ca.gov/state-and-federal-income
City of Tulare HOME TBRA Program Guidelines Page 26

ATTACHMENT D

CURRENT RENT STANDARDS FOR CITY OF TULARE TBRA PROGRAM, BASED ON 90% (*) - 110% (**) OF HUD FMRs BELOW:

Efficiency
(0-Bedroom)
One-Bedroom Two-Bedroom ThreeBedroom
FourBedroom
$723** $728** $959** $1,337** $1,561**
IMPORTANT: Rent Standard represents the maximum approvable gross unit rent (meaning including the applicable Utility Allowance) by Unit Bedrooms Final FY 2022 (effective April 9, 2022) HUD FMRs By Unit Bedrooms for Visalia-Porterville MSA
https://www.huduser.gov/portal/datasets/fmr.html#2022_data Efficiency OneBedroom
TwoBedroomThreeBedroomFourBedroom
Final FY 2022
HUD FMR $746 $764 $1,005 $1,405 $1,629
Note: The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four-bedroom FMR for each extra bedroom. For example, the FMR for a five-bedroom unit is 1.15 times the four-bedroom FMR, and the FMR for a six-bedroom unit is 1.30 times the four-bedroom FMR.

City of Tulare HOME TBRA Program Guidelines Page 27

ATTACHMENT E
HOME TBRA Eligibility Agreement
TENANT NAME:

Number of Household Members:

Unit Size: Issued On:

1. HOME TBRA Rental Assistance Program
This Agreement by the City of Tulare and the Tenant identified above who is eligible to participate in the HOME TBRA Rental Assistance Program (Program) operated by Housing Authority of Tulare County Under the Program, the City of Tulare makes monthly payments to the Landlord on behalf of the eligible Tenant pursuant to a separate agreement between the City of Tulare and the landlord (HOME TBRA Contract) with HOME funds received from HCD pursuant to the Standard Agreement.

By executing this Agreement, the City of Tulare fully expects to have HOME funds available to provide financial assistance to the Tenant. The City of Tulare is under no obligation to the Tenant or the Landlord or any other party until the City of Tulare has approved the unit and a lease addendum has been entered into between the Landlord and the Tenant.

The City of Tulare will work with the Landlord and the Tenant to execute all of the necessary documents as follows:
• The Landlord and the Tenant must sign a Lease Addendum and an Additional Lease Addendum regarding domestic violence tenant protections (Attachments F and G).
• The Landlord and the City of Tulare must sign a HOME Rental Assistance Contract (Attachment H).
• Once all necessary documents have been signed, payments to the Landlord can be processed.

2. Tenant and Program Share of the Rent
A. The portion of the rent payable by the Tenant to the Landlord ("Tenant's Share") is calculated based upon the Tenant's ability to pay. The Tenant must provide the Program Operator with information about income, assets and other household circumstances that affect the amount the Tenant will be required to pay. The Tenant's Share may change as a result of changes in income or other household circumstances. The Tenant is also responsible for payment of all utilities not included in the rent.

B. Each month, the TBRA Program will make a rental subsidy payment to the Landlord on behalf of the Tenant. The monthly payment will be equal to the City of Tulare HOME TBRA Program Guidelines Page 28
difference between the approved rent the Landlord is charging and the Tenant's Share of the rent; or
C. If applicable, each month, the TBRA Program will make the full rent payment to the Landlord and a partial payment for Utilities to the tenant, as determined using the local public housing authority’s (PHA’s) current utility allowance schedule.

3. Requirements for Participating Tenants
The Household must:
• supply true and complete information about the household's income, assets, and other household circumstances that affect eligibility and the amount of the Tenant's Share, and cooperate fully with initial, annual and interim re-examinations;
• sign and submit consent forms for obtaining information, as applicable; • allow the Program Operator or its designee to inspect the unit at acceptable times, after giving reasonable notice (24 hours); • use the dwelling unit as the household's principal place of residence and solely as a residence for the household;
• notify the Program Operator and property manager when there is a change in household composition;
• not sublease or sublet the unit;
• not own or have any interest in the unit;
• not commit any serious or repeated violation of the Lease; • not commit fraud, bribery or any other corrupt or criminal act in connection with the HOME Rental Assistance Program;
• not engage in drug-related criminal activity or violent criminal activity; • notify the owner and the Program Operator no less than 30-days prior to when the household intends to move out of the unit or terminate the assistance;
• notify the Program Operator of abuses such as side payments or other overcharges and Section 8 Housing Quality Standards (see ATTACHMENT I) violations in the unit; and
• provide the Program Operator with a copy of any owner eviction notice within three (3) business days;

4. Period of Rental Assistance
Assistance under the HOME TBRA Program is not guaranteed. The assistance is currently anticipated to be available for a period of two (2) years.

Assistance may be terminated if:

City of Tulare HOME TBRA Program Guidelines Page 29
• the household’s monthly cost of housing does not exceed 30% of the household’s adjusted income;
• at any re-examination, the Tenant's income is greater than the published income limit for the program;
• the Tenant is evicted from the assisted unit, for other good cause; • the Tenant provides false information or commits any fraud in connection with the TBRA program, or fails to cooperate with required re-examinations; or
• funding for the TBRA Rental Assistance Program is terminated or becomes otherwise unavailable.

The Program Operator will give the Tenant at least 30 days’ notice of termination of assistance.

5. Location of Rental Assistance

An applicant may choose to remain in their current unit, or may choose to rent an eligible unit within the service area identified in the Eligibility section on page 5.

6. Equal Housing Opportunity
If a Tenant has reason to believe that he/she has been discriminated against on the basis of age, race, color, creed, religion, sex, sexual orientation, gender identity, religion, disability, national origin, or familial status, the Tenant may file a complaint with HUD. HUD has set up a "hot line" to answer questions and take complaints about Fair Housing and Equal Opportunity. The toll-free number is (800) 669-9777.

The City of Tulare:

Name: Signature:

Date: Telephone:

ELIGIBLE TENANT:

Name: Signature:

Date: Telephone:

City of Tulare HOME TBRA Program Guidelines Page 30

ATTACHMENT F

LEASE ADDENDUM
TENANT LANDLORD UNIT NO. & ADDRESS
This Lease Addendum (“Addendum”) adds the following paragraphs to the Lease between the Tenant and Landlord referred to above.

A. Purpose of the Addendum. The Tenant Lease for the above-referenced unit is being amended to include the provisions of this Addendum because the Tenant has been approved to receive rental assistance under the City of Tulare’s HOME Tenant-Based Rental Assistance Program operated by the Program Operator. Under the HOME Rental Assistance Program, the City of Tulare will make monthly payments to the Landlord on behalf of the Tenant pursuant to the HOME TBRA Contract (Attachment H).

B. Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.

C. Terms of the Lease. The tenant lease shall continue until: (1) the Lease is terminated by the Landlord in accordance with applicable state and local Tenant/Landlord laws; or (2) the Lease is terminated by the Tenant in accordance with the Lease or by mutual agreement during the term of the Lease.

D. Rental Assistance Payment. Each month the City of Tulare will make a rental assistance payment to the Landlord on behalf of the Tenant. This payment shall be credited by the Landlord toward the monthly rent payable by the Tenant. The balance of the monthly rent shall be paid by the Tenant.

E. Utilities and Appliances. The utilities and appliances listed in Column 1 are provided by the Landlord and included in the rent. The utilities and appliances listed in Column 2 below are not included in the rent and are paid separately by the Tenant.

City of Tulare HOME TBRA Program Guidelines Page 31
UTILITY/APPLIANCE Included in Rent Tenant-Paid
Garbage Collection
Water/Sewer
Heating Fuel (specify)
Lights, electric
Cooking Fuel (specify)
Other (specify)
Refrigerator
Stove/Range
F. Household Members. Household members authorized to live in this unit are listed below. The Tenant may not permit other persons to join the Household without notifying the City of Tulare and obtaining the Landlord's permission. Household members:
•
•
•
•
•
G. Housing Quality Standards. The Landlord shall maintain the dwelling unit, common areas, equipment, facilities and appliances in decent, safe, and sanitary condition (as determined by Section 8 Housing Quality Standards).

H. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local laws. The landlord must provide the Tenant with at least 30 days' written notice of the termination. The Landlord must notify the City of Tulare in writing when eviction proceedings have begun.

This may be done by providing the City of Tulare with a copy of the required notice to the Tenant.

I. Prohibited Lease Provision. Any provision of the Lease which falls within the classifications below shall not apply and not be enforced by the Landlord.
(1) Confession of Judgment. Consent by the Tenant to be sued, to admit guilt, or to a judgment in favor of the Landlord in a lawsuit brought in connection with the Lease.
(2) Treatment of Property. Agreement by the Tenant that the Landlord may take or hold the Tenant's property, or may sell such property without notice to the Tenant and a court decision on the rights of the parties.

City of Tulare HOME TBRA Program Guidelines Page 32
(3) Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold the Landlord or Landlord's agent legally responsible for any action or failure to act, whether intentional or negligent. (4) Waiver of Legal Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant.
(5) Waiver of Court Proceedings for Eviction. Agreement by the Tenant that the Landlord may evict the Tenant Family (i) without instituting a civil court proceedings in which the Family has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties.
(6) Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant's right to a trial by jury.
(7) Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's right to appeal a court decision or waive the Tenant's right to sue to prevent a judgment from being put into effect.
(8) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of the Lawsuit. Agreement by the Tenant to pay lawyer's fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins.

J. Nondiscrimination. The Landlord shall not discriminate against the Tenant in the provision of services, or in any other manner, on the grounds of age, race, color, creed, religion, sex, sexual orientation, gender identity disability, national origin, or familial status.

TENANT SIGNATURES LANDLORD SIGNATURES
By:
(Type or Print Name of Tenant
Representative)
LANDLORD NAME:
(Signature/Date)
By:
(Type or Print Name of Landlord
Representative)
By:
(Type or Print Name of Tenant
Representative)
(Signature/Date)
(Signature/Date)
City of Tulare HOME TBRA Program Guidelines Page 33

ATTACHMENT G

ADDITIONAL LEASE ADDENDUM

VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT
REAUTHORIZATION ACT OF 2005
TENANT LANDLORD UNIT NO. & ADDRESS
This lease addendum adds the following paragraphs to the Lease between the abovereferenced Tenant and Landlord.

Purpose of the Addendum
The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA).

Conflicts with Other Provisions of the Lease

In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.

Term of the Lease Addendum
The effective date of this Lease Addendum is ______________. This Lease Addendum shall continue to be in effect until the Lease is terminated.

VAWA Protections

1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious or repeated violations of the lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse.

2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that abuse.

3. The Landlord may request in writing that the victim, or a family member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction.
_________________________________________ __________________ Tenant Date
_________________________________________ __________________ Landlord Date
City of Tulare HOME TBRA Program Guidelines Page 34

ATTACHMENT H

HOME TENANT-BASED RENTAL ASSISTANCE
(TBRA) CONTRACT

LANDLORD NAME &

ADDRESS
_______________________
_
_______________________
_
Telephone No. (___)___-
____
UNIT NO. &

ADDRESS
__________________
_
__________________
_
__________________
_

TENANT NAME(S)
__________________
_
__________________
_
__________________
_
This HOME TBRA Contract ("Contract") is entered into between the City of Tulare and the Landlord identified above. This Contract applies only to the Tenant family and the dwelling unit identified above.

1. TERM OF THE CONTRACT
The term of this Contract shall begin on1_______ and end no later than _____ .2 The Contract automatically terminates on the last day of the term of the Lease.

2. RENT AND AMOUNTS PAYABLE BY TENANT AND THE CITY OF TULARE A. Initial Rent. The initial total monthly rent payable to the Landlord for the __ months of this Contract is $______________.

B. Rent Adjustments. With no less than 60 days’ notice to the Tenant and the City of Tulare, the owner may propose a reasonable adjustment to be effective no earlier than 60 days from the date of notice. The proposed rent may be rejected by either the Tenant or the City of Tulare. The Tenant may reject the proposed rent by providing the Landlord with 30 days' written notice of intent to vacate. If the City of Tulare rejects the proposed rent, the City of Tulare must give both the Tenant and the Landlord 30 days' notice of intent to terminate the HOME TBRA Contract.

C. Tenant Share of the Rent. Initially, and until such time as both the Landlord and the Tenant are notified by the City of Tulare, the Tenant's share of the rent shall be $_______________.

D. The City of Tulare’s Share of the Rent. Initially, and until such time as both the Landlord and Tenant are notified by the City of Tulare, the City of Tulare’s share of

1 Insert the date assistance starts.
2 The maximum allowable length of a HOME TBRA contract is twenty-four (24) months.

City of Tulare HOME TBRA Program Guidelines Page 35
the rent shall be $_________. Neither the City of Tulare nor HUD assumes any obligation for the Tenant's rent, or for payment of any claim by the Landlord against the Tenant. The City of Tulare’s obligation is limited to making rental payments on behalf of the Tenant in accordance with this Contract.

E. Payment Conditions. The right of the owner to receive payments under this Contract shall be subject to compliance with all of the provisions of the Contract. The Landlord shall be paid under this Contract on or about the first day of the month for which the payment is due. The Landlord agrees that the endorsement on the check shall be conclusive evidence that the Landlord received the full amount due for the month, and shall be a certification that:

1. the Contract unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease.

2. the Contract unit is leased to and occupied by the Tenant named above in this Contract.

3. the Landlord has not received and will not receive any payments as rent for the Contract unit other than those identified in this Contract.

4. to the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence.

F. Overpayments. If the City of Tulare determines that the Landlord is not entitled to any payments received, in addition to other remedies, the City of Tulare may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other HOME TBRA Contract.

3. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES A. The Landlord agrees to maintain and operate the Contract unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 982.401, including all of the services, maintenance and utilities agreed to in the Lease.

B. The City of Tulare and HCD shall have the right to inspect the Contract unit and related facilities at least annually, and at such other times as may be necessary to assure that the unit is in decent, safe, and sanitary condition, and that required maintenance, services and utilities are provided.

C. If the City of Tulare determines that the Landlord is not meeting these obligations, the City of Tulare shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City of Tulare’s share of the rent and/or terminate the Contract.

4. TERMINATION OF TENANCY
The Landlord may evict the Tenant following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the Program Operator in writing when eviction proceedings are begun. This may be done by providing the Program Operator with a copy of the required notice to the tenant.

City of Tulare HOME TBRA Program Guidelines Page 36

5. FAIR HOUSING REQUIREMENTS
A. Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, sexual orientation, gender identity, disability, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing Requirements insures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City of Tulare, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord.

B. Cooperation in Quality Opportunity Compliance Reviews. The Landlord shall comply with the City of Tulare and with The California Department of Housing and Community Development (HCD) in conducting compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders and all related rules and regulations.

6. CITY OF TULARE AND HCD/HUD ACCESS TO LANDLORD RECORDS A. The Landlord shall provide any information pertinent to this Contract which the City of Tulare, HCD or HUD may reasonably require.

B. The Landlord shall permit the City of Tulare, HCD or HUD, or any of their authorized representatives, to have access to the premises and, for the purposes of audit and examination, to have access to any books, documents, papers, and records of the Landlord to the extent necessary to determine compliance with this Contract.

7. RIGHTS OF THE CITY OF TULARE IF LANDLORD BREACHES THE CONTRACT A. Any of the following shall constitute a breach of the Contract:
(1) If the Landlord has violated any obligation under this Contract; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Contract; or
(3) If the Landlord has committed any fraud or made any false statement in connection with the Contract, or has committed fraud or made any false statement in connection with any Federal housing assistance program.

B. The City of Tulare right and remedies under the Contract include recovery of overpayments, termination or reduction of payments, and termination of the Contract.

If the City of Tulare determines that a breach has occurred, the City of Tulare may exercise any of its rights or remedies under the Contract. The City of Tulare shall notify the Landlord in writing of such determination, including a brief statement of the reasons for the determination. The notice by the City of Tulare to the landlord may require the Landlord to take corrective action by a time prescribed in the notice.

C. Any remedies employed by the City of Tulare in accordance with this Contract shall be effective as provided in a written notice by the City of Tulare to the Landlord. The City of Tulare HOME TBRA Program Guidelines Page 37
City of Tulare exercise or non-exercise of any remedy shall not constitute a waiver of the right to exercise that or any other right or remedy at any time.

8. THE CITY OF TULARE’S RELATION TO THIRD PARTIES
A. The City of Tulare does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Contract, or as a result of any other action or failure to act by the Landlord.

B. The Landlord is not the agent of the City of Tulare and this Contract does not create or affect any relationship between the City of Tulare and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Contract.

C. Nothing in this Contract shall be construed as creating any right of the Tenant or a third party (other than HCD and HUD) to enforce any provision of this Contract or to assess any claim against HUD, HCD, the City of Tulare or the Landlord under this Contract.

9. CONFLICT OF INTEREST PROVISIONS
No employee of the City of Tulare, Name of Program Operator, or HCD who formulates policy or influences decisions with respect to the Rental Assistance Program, and no public official or member of a governing body or state of local legislator who exercise his functions or responsibilities with respect to the program shall have any direct or indirect interest during this person's tenure, or for one year thereafter, in this contract or in any proceeds or benefits arising from the Contract or to any benefits which may arise from it.

10. TRANSFER OF THE CONTRACT
The Landlord shall not transfer in any form this Contract without the prior written consent of the City of Tulare. The City of Tulare shall give its consent to a transfer if the transferee agrees in writing (in a form acceptable to the City of Tulare) to comply with all terms and conditions of this Contract.

11. ENTIRE AGREEMENT: INTERPRETATION
A. This Contract contains the entire agreement between the Landlord and the City of Tulare. No changes in this Contract shall be made except in writing signed by both the Landlord and the City of Tulare.

B. The Contract shall be interpreted and implemented in accordance with HUD requirements.

12. WARRANTY OF LEGAL CAPACITY AND CONDITION OF UNIT
A. The Landlord warrants the unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 982.401, and that the Landlord has the legal right to lease the dwelling unit covered by this Contract during the Contract term.

City of Tulare HOME TBRA Program Guidelines Page 38
B. The party, if any, executing this Contract on behalf of the Landlord hereby warrants that authorization has been given by the Landlord to execute it on behalf of the Landlord.

Landlord Name (Type or Print): The City of Tulare’s Representative:
(Signature/Date) (Signature/Date)
WARNING: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uses a document or writing containing any false, fictitious, or fraudulent statements or entries, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000, or imprisoned for not more than five years, or both.

LANDLORD'S CHECK TO BE ACH CREDIT SERVICE or MAILED TO:

SS NO. __________________________
NAME(S)_____________________________________________________________ ADDRESS ___________________________________________________________

______________________________________________

SIGNATURE OF OWNER DATE
______________________________________________

SIGNATURE OF OWNER DATE
City of Tulare HOME TBRA Program Guidelines Page 39

ATTACHMENT I
24 CFR § 982.401 Housing Quality Standards (HQS)
(a) Performance and acceptability requirements.
(1)This section states the housing quality standards (HQS) for housing assisted in the programs.
(2)
(i) The HQS consist of:
(A) Performance requirements; and
(B) Acceptability criteria or HUD approved variations in the acceptability criteria. (ii) This section states performance and acceptability criteria for these key aspects of housing quality:
(A) Sanitary facilities;
(B) Food preparation and refuse disposal;
(C) Space and security;
(D) Thermal environment;
(E) Illumination and electricity;
(F) Structure and materials;
(G) Interior air quality;
(H) Water supply;
(I) Lead-based paint;
(J) Access;
(K) Site and neighborhood;
(L) Sanitary condition; and
(M) Smoke detectors.
(3) All program housing must meet the HQS performance requirements both at commencement of assisted occupancy, and throughout the assisted tenancy. (4)
(i) In addition to meeting HQS performance requirements, the housing must meet the acceptability criteria stated in this section, unless variations are approved by HUD. (ii) HUD may approve acceptability criteria variations for the following purposes:
(A) Variations which apply standards in local housing codes or other codes adopted by the PHA; or
(B) Variations because of local climatic or geographic conditions. (iii) Acceptability criteria variations may only be approved by HUD pursuant to paragraph (a)(4)(ii) of this section if such variations either:
(A) Meet or exceed the performance requirements; or
(B) Significantly expand affordable housing opportunities for families assisted under the program.
(iv) HUD will not approve any acceptability criteria variation if HUD believes that such variation is likely to adversely affect the health or safety of participant families, or severely restrict housing choice.
(b) Sanitary facilities—
(1) Performance requirements. The dwelling unit must include sanitary facilities located in the unit. The sanitary facilities must be in proper operating condition, and adequate for personal cleanliness and the disposal of human waste. The sanitary facilities must be usable in privacy.

City of Tulare HOME TBRA Program Guidelines Page 40
(2) Acceptability criteria.
(i) The bathroom must be located in a separate private room and have a flush toilet in proper operating condition.
(ii) The dwelling unit must have a fixed basin in proper operating condition, with a sink trap and hot and cold running water.
(iii) The dwelling unit must have a shower or a tub in proper operating condition with hot and cold running water.
(iv) The facilities must utilize an approvable public or private disposal system (including a locally approvable septic system).
(c) Food preparation and refuse disposal—
(1) Performance requirement.
(i) The dwelling unit must have suitable space and equipment to store, prepare, and serve foods in a sanitary manner.
(ii) There must be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).
(2) Acceptability criteria.
(i) The dwelling unit must have an oven, and a stove or range, and a refrigerator of appropriate size for the family. All of the equipment must be in proper operating condition.

The equipment may be supplied by either the owner or the family. A microwave oven may be substituted for a tenant-supplied oven and stove or range. A microwave oven may be substituted for an owner-supplied oven and stove or range if the tenant agrees and microwave ovens are furnished instead of an oven and stove or range to both subsidized and unsubsidized tenants in the building or premises.
(ii) The dwelling unit must have a kitchen sink in proper operating condition, with a sink trap and hot and cold running water. The sink must drain into an approvable public or private system.
(iii) The dwelling unit must have space for the storage, preparation, and serving of food. (iv) There must be facilities and services for the sanitary disposal of food waste and refuse, including temporary storage facilities where necessary (e.g., garbage cans). (d) Space and security—
(1) Performance requirement. The dwelling unit must provide adequate space and security for the family.
(2) Acceptability criteria.
(i) At a minimum, the dwelling unit must have a living room, a kitchen area, and a bathroom.
(ii) The dwelling unit must have at least one bedroom or living/sleeping room for each two persons. Children of opposite sex, other than very young children, may not be required to occupy the same bedroom or living/sleeping room.
(iii) Dwelling unit windows that are accessible from the outside, such as basement, first floor, and fire escape windows, must be lockable (such as window units with sash pins or sash locks, and combination windows with latches). Windows that are nailed shut are acceptable only if these windows are not needed for ventilation or as an alternate exit in case of fire.
(iv) The exterior doors of the dwelling unit must be lockable. Exterior doors are doors by which someone can enter or exit the dwelling unit.
(e) Thermal environment—
(1) Performance requirement. The dwelling unit must have and be capable of maintaining a thermal environment healthy for the human body.

City of Tulare HOME TBRA Program Guidelines Page 41
(2) Acceptability criteria.
(i) There must be a safe system for heating the dwelling unit (and a safe cooling system, where present). The system must be in proper operating condition. The system must be able to provide adequate heat (and cooling, if applicable), either directly or indirectly, to each room, in order to assure a healthy living environment appropriate to the climate. (ii) The dwelling unit must not contain unvented room heaters that burn gas, oil, or kerosene. Electric heaters are acceptable.
(f) Illumination and electricity—
(1) Performance requirement. Each room must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. The dwelling unit must have sufficient electrical sources so occupants can use essential electrical appliances. The electrical fixtures and wiring must ensure safety from fire.
(2) Acceptability criteria.
(i) There must be at least one window in the living room and in each sleeping room. (ii) The kitchen area and the bathroom must have a permanent ceiling or wall light fixture in proper operating condition. The kitchen area must also have at least one electrical outlet in proper operating condition.
(iii) The living room and each bedroom must have at least two electrical outlets in proper operating condition. Permanent overhead or wall-mounted light fixtures may count as one of the required electrical outlets.
(g) Structure and materials—
(1) Performance requirement. The dwelling unit must be structurally sound. The structure must not present any threat to the health and safety of the occupants and must protect the occupants from the environment.
(2) Acceptability criteria.
(i) Ceilings, walls, and floors must not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling, missing parts, or other serious damage.
(ii) The roof must be structurally sound and weathertight. (iii) The exterior wall structure and surface must not have any serious defects such as serious leaning, buckling, sagging, large holes, or defects that may result in air infiltration or vermin infestation.
(iv) The condition and equipment of interior and exterior stairs, halls, porches, walkways, etc., must not present a danger of tripping and falling. For example, broken or missing steps or loose boards are unacceptable.
(v) Elevators must be working and safe.
(h) Interior air quality—
(1) Performance requirement. The dwelling unit must be free of pollutants in the air at levels that threaten the health of the occupants.
(2) Acceptability criteria.
(i) The dwelling unit must be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful pollutants. (ii) There must be adequate air circulation in the dwelling unit. (iii) Bathroom areas must have one openable window or other adequate exhaust ventilation.

City of Tulare HOME TBRA Program Guidelines Page 42
(iv) Any room used for sleeping must have at least one window. If the window is designed to be openable, the window must work.
(i) Water supply—
(1) Performance requirement. The water supply must be free from contamination. (2) Acceptability criteria. The dwelling unit must be served by an approvable public or private water supply that is sanitary and free from contamination. (j) Lead-based paint performance requirement. The Lead-Based Paint Poisoning Prevention Act (42 .S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, M, and R of this title apply to units assisted under this part. (k) Access performance requirement. The dwelling unit must be able to be used and maintained without unauthorized use of other private properties. The building must provide an alternate means of exit in case of fire (such as fire stairs or egress through windows). (l) Site and Neighborhood—
(1) Performance requirement. The site and neighborhood must be reasonably free from disturbing noises and reverberations and other dangers to the health, safety, and general welfare of the occupants.
(2) Acceptability criteria. The site and neighborhood may not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks or steps; instability; flooding, poor drainage, septic tank back-ups or sewage hazards; mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (m) Sanitary condition—
(1) Performance requirement. The dwelling unit and its equipment must be in sanitary condition.
(2) Acceptability criteria. The dwelling unit and its equipment must be free of vermin and rodent infestation.
(n) Smoke detectors performance requirement—
(1) Except as provided in paragraph (n)(2) of this section, each dwelling unit must have at least one battery-operated or hard-wired smoke detector, in proper operating condition, on each level of the dwelling unit, including basements but excepting crawl spaces and unfinished attics. Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74 (or its successor standards). If the dwelling unit is occupied by any hearing-impaired person, - smoke detectors must have an alarm system, designed for hearing-impaired persons as specified in NFPA 74 (or successor standards).
(2) For units assisted prior to April 24, 1993, owners who installed battery-operated or hard-wired smoke detectors prior to April 24, 1993 in compliance with HUD's smoke detector requirements, including the regulations published on July 30, 1992, (57 FR 33846), will not be required subsequently to comply with any additional requirements mandated by NFPA 74 (i.e., the owner would not be required to install a smoke detector in a basement not used for living purposes, nor would the owner be required to change the location of the smoke detectors that have already been installed on the other floors of the unit).

City of Tulare HOME TBRA Program Guidelines Page 43

ATTACHMENT J

HOUSING QUALITY STANDARDS (HQS) INSPECTION FORMS
The TBRA Program will use the following HQS Inspection Form, which may be printed and attached below:
http://portal.hud.gov/hudportal/documents/huddoc?id=52580.pdf

ATTACHMENT K
HOME Tenant-Based Rental Assistance (TBRA) Program
Tenant Selection Plan
The Tenant Selection Plan and Outreach Strategy is part of the City of Tulare’s HOME Tenant-Based Rental Assistance (TBRA) Program administered by Housing Authority of Tulare County.

TBRA Policies Affecting Marketing and Tenant Selection
Target Population
HOME TBRA will be targeted to individuals and their household members with income at or below 60% of the Area Median Income (AMI) at the time the TBRA rental assistance is provided to the participant.

Program Eligibility Requirements
This program is designed for households whose monthly rent and utility costs exceed 30% of their adjusted household income. Prior to occupancy, an applicant must qualify under all HOME eligibility criteria.

Income Limits are established by HUD and adjusted annually The household’s annual income may not exceed the applicable HOME income limit for the household size. Current income limits can be viewed at http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. To be eligible for TBRA rental assistance, the applicant’s household gross annual income must be at or below 80% of the area median household income (AMI) adjusted for household size. However, at least 90% of households served under this Program must be at or below 60% AMI.

Preferences
Preferences affect only the order of applicants on the wait list. They do not make anyone eligible who was not otherwise eligible, and they do not change the City of Tulare’s screening criteria. Preference shall be given to applicants who live or work within the City of Tulare.

Applying the Preferences
At the time of application, the applicant household certifies whether or not it is eligible for a preference. All information supplied in support of the applicant’s eligibility for a preference must be verified. This information will be verified at the time of application.

Wait List
For placement on the City of Tulare’s wait list, applicants must complete an application and relevant consent forms. Placement on the wait list does not constitute acceptance. Further eligibility acceptance and screening is required prior to approval of assistance. Applicants will be placed on the wait list in chronological order by the date the complete application is received.

The City of Tulare will maintain one wait list. All applications will be date and time stamped when they are received.

City of Tulare HOME TBRA Program Guidelines Page 45
Applicants under the age of 18 will be processed only if they are emancipated in accordance with State law or if State law requires housing be made available to minors.

If an applicant claims a preference, it will be noted on the wait list. The preference will be verified when the applicant is being processed for assistance. Applicants who apply and do not meet the preference criteria will be informed that they will be assisted on a first-come, first-served basis after all preferences have been assisted.

Applicants claiming a preference which cannot be verified will be considered a nonpreference applicant, and reflected as such on the wait list.

Announcement and Marketing
Public announcement will be made per the Affirmative Fair Housing Marketing Plan.

Application Process
Application packets can be obtained from the Housing Authority of Tulare County.

Application packets can be mailed or emailed to anyone interested in receiving one.

Detailed instructions will be included with the application packet on how to deliver the completed application.

Applications will be accepted by mail to the City of Tulare or in person from the office where they were obtained. Funding will be available on or after Meetings with applicants will take place at a pre-arranged location convenient to the applicant.

Rejecting Ineligible or Unqualified Applicants
Each rejected applicant will be promptly notified in writing of the reason(s) for rejection. This notice will advise the applicant that he/she may within fourteen (14) calendar days of the date of the notice, request in writing a meeting by telephone to discuss the reasons for rejection.

Should the applicant request a meeting to discuss the rejection, it will be conducted by the City of Tulare. The applicant will be advised in writing of the results of this meeting within five (5) business days.

Process for Opening and Closing the Wait List
Opening the Wait List:

A classified ad will be placed in the local newspaper. Advertisements will include how, where and when to apply and will conform to the advertising and outreach activities described in the Affirmative Fair Housing Marketing Plan.

Closing the Wait List:

The wait list will be closed when the available Program funds have been fully committed. At that time, the City of Tulare will no longer accept additional applications.

City of Tulare HOME TBRA Program Guidelines Page 46
Occupancy Standards
Occupancy standards are based on the following:

Rental-Assisted Unit Number of Persons
Bedroom Size Minimum Maximum
One Bedroom 1 2
Two Bedroom 2 4
Three Bedroom 3 6
Four Bedroom 4 8
In addition, household composition is taken into account and unit size is also based on the following:
a) Will count all full-time members of the household;
b) Will count all persons under the age of 18 anticipated to reside in a unit (Examples include children expected to be born to pregnant women, children who are in the process of being adopted by an adult, children whose custody is being obtained by an adult, children who are subject to a joint custody agreement but who live in the apartment at least 50% of the time, foster children who will reside in the apartment, children who are temporarily absent due to placement in a foster home); c) Will count live-in attendants; and
d) Will count children who are away at school, but live with the family during school recesses.

Participant Relocation
A recipient household may move to a new unit during the lease term only:
• When a mutual agreement between the City of Tulare and the recipient has been signed; or
• For good cause (the recipient must provide documentation such as police reports, court orders, etc.); and
• Within the Program service area as described on the cover page of these Program Guidelines
In either case, the recipient must provide proper notice (30-day written notice) to the City of Tulare and the Property Manager prior to initiating a move.

Unit Inspections
Unit(s) will be inspected within 30 days prior to the first assistance payment, and then annually by the Program Operator. However, HCD is authorized to inspect the unit(s) at any time. Residents will be notified in writing 48 hours in advance of unit inspections.

Annual inspections are performed by the Program Operator to determine whether the unit continues to meet minimum HQS standards and to ensure the units are safe, clean and free of damages.

Annual Recertification
Recertification is the process by which all information, income, assets and certain expenses regarding the applicant(s) eligibility for TBRA assistance is reviewed and the amount of that assistance is re-computed. The City of Tulare shall provide reminder notices to residents City of Tulare HOME TBRA Program Guidelines Page 47
informing them of their responsibility to provide information about changes in family income or composition that are necessary to properly complete an annual recertification. The notification shall be in writing and shall include a list of information that residents are required to bring with them to their recertification interview. This list shall include documentation needed to support the recipients’ household income as well as documentation to support any deductions they may be eligible to receive.

All recipient households are subject to annual recertification. The City of Tulare shall annually recertify all tenants that receive TBRA assistance. This is not an option but a requirement to receive assistance.

The annual recertification process begins 120 days prior to the recipient household’s effective assistance/move-in date. Recipients will interview with the City of Tulare or its designee to determine continued eligibility on the project. Information reported in the interview will be verified by sending out third-party verification forms. The recertification process is a time-sensitive process. Timely completion includes the issuance of the required 30-day notice of a rent change.

The annual recertification must be completed by the 10th day of the eleventh month following the recipients’ last annual recertification or assistance/move-in certification.

Interim Recertification
To ensure that recipients pay rents commensurate with their ability to pay, recipients must supply information requested by the City of Tulare for use in an interim recertification of family income and composition in accordance with HOME TBRA requirements.

1. Recipients must notify management when:
a. A household member moves out of the unit;
b. The household proposes to move a new member into the unit; c. The household’s income cumulatively increases by ten percent (10%) or more per month.
d. An adult member of the household who becomes unemployed or employed.

2. Recipients may request an interim recertification if circumstances occur since the last recertification that may affect their TBRA assistance payment. Changes a recipient may report include the following:
a. Decreases in income including, but not limited to, loss of employment, reduction in number of hours worked by an employed household member, and loss or reduction of welfare income;
b. Increases in allowances including, but not limited to, increased medical expenses, and higher child care costs; and
c. Other changes affecting the calculation of a household’s annual or adjusted income including, but not limited to, a household member turning 62 years old, becoming a full-time student, or becoming a person with a disability.

If the City of Tulare learns that a recipient household has failed to report a change in income or family composition, the following steps will be taken:
a. Refer the recipient to the lease and/or TBRA Eligibility Agreement clauses that City of Tulare HOME TBRA Program Guidelines Page 48
require the interim recertification;
b. Give the recipient ten (10) calendar days to respond to the notice; and c. Inform the recipient that his or her assistance may change.

Once the recipient household responds to the notice and supplies the required information, or if a recipient household reports a change and initiates an interim recertification, the City of Tulare will process the recertification and will implement changes as follows:
a. TBRA Assistance Increases (tenant share decreases): the City of Tulare will implement any resulting TBRA assistance increase effective the first of the month following the date that the change/action occurred.
b. TBRA Assistance Decreases (tenant share increases): Any resulting TBRA assistance decrease will be implemented effective the first day of the month following a 30-day notice.

If the recipient household fails to respond within ten (10) calendar days, the City of Tulare may terminate assistance with a written 30-day notice.

Violence Against Women Act (VAWA)
Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Dating Violence means violence committed by a person:

A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
B) where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) the length of the relationship;
(ii) the type of relationship; and
(iii) the frequency of interaction between the persons involved in the relationship.

Stalking means:

A) (i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass or intimidate; or (ii) to place under surveillance with the intent to kill, injure, or intimidate another person; and
B) in the course of, or as a result of, such following, pursuit, surveillance or repeatedly committed acts to a place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (i) that person; (ii) a member of the immediate family of that person; or (iii) the spouse or intimate partner of that person.

Immediate Family Member means, with respect to a person:

A) a spouse, parent, brother or sister, or child of the person, or an individual to whom that person stands in loco parentis (in place of a parent); or B) any other person living in the household of that person and related to that person by blood or marriage.

City of Tulare HOME TBRA Program Guidelines Page 49
The VAWA protections apply to families applying for or receiving rental assistance payments under the HOME TBRA Program. An applicant cannot be denied admission because he/she has been a victim of domestic violence, dating violence or stalking.

Domestic violence, dating violence or stalking is not good cause for the eviction of the victim of that violence. An incident of actual or threatened domestic violence, dating violence, or stalking does not qualify as a serious or repeated violation of the lease nor does it constitute good cause for terminating the assistance, tenancy or occupancy rights of the victim. Furthermore, criminal activity directly relating to domestic violence, dating violence or stalking is not grounds for terminating the victim’s tenancy. The Lease Addendum must contain language that makes it clear that domestic violence, dating violence or stalking is not good cause for evicting the victim of that violence. Applicants who are or have been victims of domestic violence or stalking or encouraged to complete the HUD approved Certification of Domestic Violence, Dating Violence or Stalking (Form HUD-91066). The Program Operator will allow the landlord to bifurcate or divide the lease as a matter of law so that certain offending tenants can be evicted or removed while the remaining household member’s lease and occupancy rights are allowed to remain intact.

Eligibility Agreement
The City of Tulare will issue an Eligibility Agreement to the recipient which will allow the recipient to remain in their unit and/or locate an acceptable unit, when a recipient’s current unit is not eligible, based on its condition or lack of rent reasonableness.

Special Accommodations and Compliance with Section 504 Requirements The City of Tulare is committed to providing all persons with equal access to its services, activities, education, and employment regardless of race, color, sex, sexual orientation, ethnic origin, gender identity, religion, disability, or age of any member of an applicant family.

For a reasonable accommodation, please contact the City of Tulare.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney / Community & Economic Development For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution making findings necessary for declaration of Shelter Crisis; declaring a Shelter Crisis pursuant to Government Code Section 8698.2; and directing the City Manager to take certain administrative actions to streamline provisions to provide shelter to people experiencing homelessness.

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

The crisis of unsheltered homelessness is one that impacts an entire community, both those experiencing homelessness and the broader community of housed residents, businesses, and neighborhoods. Over the past several years, the City of Tulare has made significant investments to increase access to and availability of shelter, services and permanent housing for people and families experiencing homelessness. Despite these efforts, homelessness and its impacts continue to rise:
• From 2012 to 2018, the City of Tulare saw an 84% increase in unsheltered Homelessness. (Source: 2022 Kings Tulare Homeless Alliance Point in Time Report)
• Increase in panhandling
• Impediments to access to public amenities
• Increase in calls for public safety and code enforcement • Public health concerns
• Accumulation of garbage and visual blight
Homeless encampments are increasing across the city within the public right of way, exposing individuals experiencing homelessness to traffic hazards, crime, risk of death and injury, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety. Evidence demonstrates that providing low barrier access to decent, safe, and stable housing and shelter combined with crucial support services in line with “housing first” principles is the most effective and efficient way to help and manage homelessness.

Government Code Section 8698, et seq., allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. In addition, California Government Code AGENDA ITEM: Consent 6
Section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent the strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.

Lastly, Government Code Section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities during the duration of the crisis.

Over the past several years, the City has been discussing the issue of homelessness and its impact as well as possible solutions. With restrictions due to the 2018 Martin vs. Boise court decision, cities cannot enforce anti-camping ordinances if there are not a sufficient number of shelter beds available for the homeless population.

STAFF RECOMMENDATION:

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: July 11, 2022 City Manager Approval: ____________ RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

DECLARING A SHELTER CRISIS IN THE CITY OF TULARE
WHEREAS, at any time, at least 212 persons within the city are experiencing unsheltered homelessness, according to the 2022 Kings Tulare Homeless Alliance Point in Time Report. This population includes veterans, women, and children, persons with disabilities, seniors and vulnerable groups. There is significant threat to the health and safety of unsheltered persons in the number of people experiencing homelessness; and
WHEREAS, many of those unable to obtain shelter reside on the streets, in alleys, City parks, in Downtown Tulare and along the Union Pacific Railroad; and WHEREAS, these individuals lack adequate sanitary facilities and are at risk from theft, crime, and extreme weather conditions. These conditions threaten the physical and mental health and safety of those experiencing homelessness. These conditions also result in a threat to the public health and well-being of the community; and
WHEREAS, the City Council has heard extensive testimony on the impacts of homelessness on persons without shelter as well as on the community at large; and WHEREAS, strict compliance with the provisions of state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, safety and environmental impact assessment may prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and
WHEREAS, the State Legislature has passed special legislation to facilitate provisions of shelter in certain cities and counties that have declared a shelter crisis, but this legislation may not be applicable to all Cities and Counties, including the City of Tulare. At this time, this leaves available to the City of Tulare the general state law on declaration of a shelter crisis under California Government Code Title 2, Division 1, Chapter 7.8 including in particular sections 8698, 8698.1, and 8698.2.

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

Section 1. The City Council of the City of Tulare hereby declares a shelter crisis pursuant to California Government Code Title 2, Division 1, Chapter 7.8 including in particular sections 8698, 8698.1, and 8698.2 in the City of Tulare. The effective period of the shelter crisis shall begin on July 12, 2022 and shall end on July 12, 2023.

Section 2. The City Manager, or his designee, is directed to pursue legislation to assist the City in providing shelter to the homeless community, including application of Government Code section 8698.4 to the City of Tulare, additional CEQA exemptions, and alternative building standards for shelters on publicly owned properties.

RESOLUTION 2022- Page 2
Section 3. The City Manager, or his designee, is directed to prepare alternative local standards and procedures for development and operation of homeless shelters if required.

Section 4. The City Manager, or his designee, is directed to prepare an interim ordinance, if required, to streamline zoning regulations for approval of city-sponsored shelters on private or public property that may otherwise require zoning approvals.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
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: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution accepting the Irrevocable Offer of Dedication for Lot A, as shown on the Recorded Map of Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder. Direct the City Clerk to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same.

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

The Recorded Map of Oak Creek No. 4 created 13 multi-family lots. Included on this recorded map was an irrevocable offer of dedication to the City of Tulare for Lot A, which was required for the purposes of a regional storm drain retention basin and associated appurtenances serving the greater Oak Creek development area along the east side of Mooney Boulevard (State Route 63) south of Seminole Avenue. Copies of the resolution and the Recorded Map of Oak Creek No. 4 are attached for reference.

STAFF RECOMMENDATION:

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: Michael Miller Title: City Engineer
Date: July 12, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 7
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

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

RESOLUTION 2022- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE ACCEPTING THE IRREVOCABLE OFFER OF DEDICATION FOR LOT “A” AS SHOWN ON THE RECORDED MAP FOR OAK CREEK NO. 4 FILED ON MARCH 31, 2022 IN VOLUME 44 OF MAPS AT PAGE 84 IN THE OFFICE OF THE TULARE COUNTY RECORDER.

WHEREAS, an Irrevocable Offer of Dedication was made to the City of Tulare to dedicate real property for ponding basin purposes together with any and all appurtenances thereto as shown on the Recorded Map for Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder; and WHEREAS, the City Council of the City of Tulare, at their meeting of March 1, 2022, acknowledged said Irrevocable Offer of Dedication; and
WHEREAS, at 10:49 a.m, on March 31, 2022, said Irrevocable Offer of Dedication was recorded in the Official Records of the County of Tulare; and WHEREAS, the City intends to accept said Irrevocable Offer of Dedication for Lot “A” for ponding basin purposes together with any and all appurtenances thereto.

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

1. Accept the Irrevocable Offer of Dedication to dedicate real property for ponding basin purposes together with any and all appurtenances thereto as shown on the Recorded Map for Oak Creek No. 4 filed on March 31, 2022 in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder.

2. Recordation of said irrevocable offer is hereby authorized.

3. The City Manager or his designee is authorized to sign a Certificate of Acceptance for the same.

PASSED, ADOPTED, AND APPROVED this 19th day of July, 2022. _________________________________
President of the Council and Ex-Officio
Mayor of the City of Tulare
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk
By: Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Irrevocable Offer of Dedication offered on the Recorded Map of Oak Creek No. 4 on March 31, 2022, in Volume 44 of Maps at Page 84 in the Office of the Tulare County Recorder dated March 31, 2022, was duly accepted by the City Council of the City of Tulare on July 19, 2022, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Resolution of Acceptance.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve the Parcel Map filed by Quest Equity, LLC for the division of land located on the southwest corner of Corvina Avenue and Hillman Street for recordation, and accept all easements and dedications offered to the City.

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

Tentative Parcel Map No. 2021-05 filed by Quest Equity, LLC would create four parcels and a remainder parcel from one existing parcel, and was approved by the Parcel Map Committee on January 10, 2022. This parcel map comprises approximately 17.10 acres. Parcel 1 would be 68,593 square feet, Parcel 2 would be 42,319 square feet, Parcel 3 would be 78,788 square feet and Parcel 4 would be 40,735 square feet; the remainder would be 513,223 square feet.

The map requires dedication of 2’ and 6’ of additional street right of way as shown on the Parcel Map for Retherford Street and Corvina Avenue in fee to the City of Tulare and a 6-foot public utility easement along the parcels’ Corvina Avenue, Hillman St, and Retherford Street frontage. A waiver of direct access rights along Hillman Street and Corvina Avenue as shown on the Parcel Map was also required.

A copy of Parcel Map Committee Resolution 837 and the Parcel Map are attached for reference.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
The parcel 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: July 11, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 8
l'ILt
A RESOLUTION OF THE CITY OF TULARE PARCEL MAP COMMITTEf Op f FOR TENTATIVE PARCEL MAP APPLICATION NO. 2021-05
RESOLUTION NO. 837
WHEREAS, the Parcel Map Committee of the City of Tulare duly convened at a regular meeting on January 10, 2022 and approved the request by Quest Equity, LLC. to create 4 parcels and a remainder from 1 existing approximately 17 .10-acre parcel (APN 166-020-006). The subject property is located on the southwest corner of Corvina A venue and Hillman Street and is currently zoned C-3 (Retail Commercial); and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map is in accordance with the objectives of the Zoning Title and the purposes of the District in which the site is located; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map provides required dedications and easements to be recorded by final parcel map; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map is in conformance with the goals and objectives of the General Plan; and, WHEREAS, the Parcel Map Committee determined that the proposed parcel map will not have significant effect on surrounding properties and improvements in the vicinity of the project site; and,
WHEREAS, the Parcel Map Committee determined that the proposed project is exempt pursuant to Section 15315 of the California Environmental Quality Act of 1970, as amended; and,
WHEREAS, the Parcel Map Committee determined that the proposed parcel map is consistent with the Tulare Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the Parcel Map Committee that the project is exempt pursuant to Section 15315 of the California Environmental Quality Act of 1970, as amended.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Parcel Map Committee that Tentative Parcel Map 2021-05 is hereby approved and subject to the following conditions:
1) All requirements of Title 10 shall be met.

Resolution 837
TPM 2021-05 Page 1
2) A final map shall be recorded in substantial compliance with the tentative parcel map number 2021-05.
3) Applicant shall comply with the attached Engineering conditions.

Engineering
STANDARD CONDITIONS OF APPROVAL:

The Engineering Division recommends the following Site Plan Review Status for the subject project:

D Resubmit with the following required revisions to the site plan:
[SJ Proceed and comply with Engineering Conditions of Approval below.

1. Cross sections for Corvina A venue, Retherford Street, and Hillman Street shall comply with approved site plan and site plan review comments for SP21-114.

2. Unless specified otherwise below, public improvements can be deferred until the development of a given Parcel. Per the City Engineer's requirements, public improvements beyond the frontage of said Parcel may be required to allow for the safe and orderly development of the remaining lots.

In a subdivision resulting in four or fewer lots, or as allowed by the Map Act for the subdivision to be recorded as a parcel map, if fulfillment of construction requirements is being deferred, the parcel map shall contain a statement, which reads substantially as follows:

NOTICE: CERTAIN OFF-SITE AND/OR ON-SITE IMPROVEMENTS ARE

REQUIRED IN CONNECTION WITH THESE LOTS (CITY OF TULARE
PARCEL MAP COMMITTEE RESOLUTION NO. ). NO PERSON

MAY OBTAIN A BUILDING PERMIT FOR ANY LOT ON THIS MAP UNTIL

THE REQUIRED IMPROVEMENTS ARE COMPLETED OR FINANCIAL

SECURITY HAS BEEN POSTED WITH THE CITY TO ASSURE COMPLETION PRIOR TO BUILDING OCCUPANCY.

3. All right-of-way and public utility dedications shall be shown on the final parcel map.

4. A 12" Master Plan water line is required along Corvina Avenue and Retherford Street.

5. A 12" Master Plan sewer line is required along Retherford Street. At the time when the Retherford Street sewer main is installed, the developer will be required to abandon the existing sewer lift station located in Leland A venue west of Hillman Street per the City Engineer's requirements.

Resolution 837
TPM 2021-05 Page 2

6. Subject to City Engineer and Planning Commission approval, modifications to the sidewalk, curb and gutter design standards on future private streets within the proposed residential
D Proceed. No applicable Engineering Conditions of Approval.

General Engineering Conditions:
[g] All public improvements conditionally required for project approval shall comply with the provisions of Chapter 8.24 "Subdivision Regulations" of the Tulare Municipal Code, the "City of Tulare Design Guidelines and Public Improvement Standards", and all other applicable City policies, specifications, ordinances and standard operating procedures in effect at the time of their construction, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Engineering Division 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. [g] All required engineering plans and calculations 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. [g] Following approval of the improvement plans, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved plans. This shall be done prior to scheduling any pre-construction conferences or commencing construction of any improvements. Following the recordation of a Notice of Completion for the project, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file showing all As-Built revisions approved by the City and incorporated into the construction of the project improvements.
[g] Prior to the start of construction, a meeting will be called by the City Engineer with the Owner/Developer, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City requirements are met. The Contractor shall perform no construction in the field until after this meeting.

D Applicant shall obtain a Street Closure Permit from the City. A traffic cunlrul plan prepared by a registered civil engineer, traffic engineer or traffic control specialist shall be submitted with the Street Closure Permit application, and will be subject to the approval of the City Engineer prior to application approval.

Required Data, Studies and Master Plan Documents:

Resolution 837
TPM 2021-05 Page 3
~ The Owner/Developer shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings. Said report shall be submitted to the City Engineer or Chief Building Official. ~ The Owner/Developer shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90% relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall he compacted to 95% relative compaction. Compaction tests are required on all trenches and street subgrades. All soils testing shall be performed at the sole cost of the Owner/Developer. The Owner/Developer shall establish an account with a licensed and certified soil-testing firm acceptable to the City Engineer prior to the start of construction for compaction testing of trench backfill and fills. The City shall order and direct all compaction tests.
~ R-Value tests shall be taken for the design of all pavement areas to be constructed by this project. The spacing of said R-Value tests shall not be more than 400 feet apart, per linear foot of paving.

D Percolation tests are required for the design of new drainage basin facilities, or the expansion of existing drainage basin facilities.

D Project trip generation data based upon the ITE Trip Generation Manual is required. A Transportation Impact 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 Impact Studies", and City of Tulare General Plan requirements. Traffic impact studies shall address provisions for pedestrian, bicycle and transit access to the project. In 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. ~ A Transportation Impact Study (TIS) identifying the project impacts and proposed mitigation measures shall be submitted to the City for review, and shall be subject to the approval of the City Engineer. The TIS shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements. The TIS shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating the project's impact to existing roadway facilities, the TIS shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Governments, and shall specifically address the project impacts and any appropriate mitigations to the following facilities:

I .Intersections, (including lane geometry and turn pocket lengths):
o Intersection of Corvina A venue/Retherford Street;
o Northbound left-turn pocket at intersection of Corvina A venue/Hillman Street.

Resolution 837
TPM 2021-05 Page 4

2.Roadway Segments:
o Roadway segments of Retherford Street from Leland A venue to Cartmill A venue, and Leland A venue from Hillman Street to Retherford Street.

3. Other:
[2'.] Compaction tests are required on all street subgrades, and at utility trench crossings of curb, gutter and sidewalk. All soil testing shall be performed at the sole cost of the Owner/Developer.
[2'.] Master Plan drawings are needed for: [2'.] Water, [2'.] Sewer, [2'.] Storm Drain, [2'.] Streets Right of Way Requirements
[2'.] Any work to be done within the City street rights-of-way requires an encroachment permit issued by the Engineering Division, and shall be done under the inspection of the City Public Works Inspector. All contractors working within City street rights-of-way shall possess a valid City of Tulare business license. Separate encroachment permits are also required from the following agencies for work within their rights-of-way or on their facilities: D County of Tulare: __ , D State: __ , [2'.] Tulare Irrigation District. [2'.] The following right-of-way dedications are required for street/alley purposes:
a. 20' property corner radius:
b. Chamfer property corner: Southeast corner of Retherford Street and Corvina A venue. c. Alley:
d. Street:
a. As required on Corvina A venue to allow for the intersection of Corvina A venue and Retherford Street to comply with City Standard Drawing No. 7246. An additional 2 feet of dedication is required to allow for 12 feet behind face of curb to ROW b. Retherford Street - An additional 2 feet of dedication is required to allow for 12 feet behind face of curb to ROW.
[2'.] Waiver of direct access rights is required at the following locations: On Retherford Street, Corvina A venue, and Hillman Street frontages excepting for drive approach locations shown on the approved site plan.

Resolution 837
TPM 2021-05 Page 5
[:gj Easements will be required for all public utilities to be located outside of dedicated rights-ofway. 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.

Final Map Requirements
[:gj Submit to the City of Tulare a title report for the parcel(s) to be developed. [:gj Submit closures and tabulation of areas (square feet) of all lots to be created within the development. A blue line area shall also be submitted.
[:gj Provide the City of Tulare with three (3) prints of the final map of the development, and three (3) prints of the improvement drawings for final checking. [:gj Following the approval of final subdivision or parcel maps, the Developer's Licensed Surveyor or Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved final map, or GIS shapefile for the related parcels included on said final map. [:gj A City Clerk's Certificate is required on the Final Map for required dedications. [:gj A Public Works Certificate required on the Final Map if improvements are not constructed prior to recordation. This provision would require an engineer's estimate and an improvement security.

Roadway Improvements
[:gj Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards The structural section design for new roadways and pave-out areas shall be based upon the results of R-Value tests at locations approved by the City Engineer, and the design criteria provided below. Minimum structural sections allowed shall be per the City of Tulare Design Guidelines and Public Improvement Standards:

Paved Width
Roadway Classification Traffic Index
(Curb face to
curb face)
a) Retherford Street Minor Arterial 8.5 64 ft
b) Corvina A venue Minor Arterial 6.5 64 ft to 72 ft
[:gj Construct full pave-out width from lip of gutter Lu the existing edge of pavement on the following existing roadways impacted by the development is required: Retherford Street. [:gj Full width pavement construction ( 60 foot paved width minimum) for Corvina A venue across the project frontage.

D Reconstruct/rehabilitate the following exisung roadway segments impacted by the development in accordance with methods to be approved by the City Engineer: __ .

Resolution 837
TPM 2021-US Page 6
D Provide stabilized shoulders along the following existing roadway segments in accordance with the City ofTulare's adopted PM-10 control guidelines: __ . ~ Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: Retherford Street and Corvina A venue for residential development.
~ Install median improvements per the requirements of the City Engineer and Parks Director within the following existing roadway segments impacted by the development: Hillman Street median modifications subject to City Engineer approval of a northbound left-tum pocket at southern edge of the proposed commercial development. ~ Provide pavement transitions from existing roadway cross-sections to new roadway crosssections per the requirements of the City Engineer at the following locations: Retherford Street and Corvina A venue.
~ Curb and Gutter - Existing curb and gutter to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard curb and gutter shall be constructed as indicated below.

Street Frontage(s)
Retherford Street
Configuration
Barrier Curb
Gutter
Corvina Avenue Barrier
Gutter
Curb
and
and
D Construct City standard cross gutter at the following locations: __ . ~ Driveway Approaches - Existing driveway approaches to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective.

Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard curb and gutter shall be constructed as indicated below.

Street Frontage(s)
Hillman Street, Retherford Street, and Corvina A venue per City standards at locations shown on approved site plan.
~ Sidewalks - Existing sidewalk to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but Resolution 837
TPM 2021-05 Page 7
are not limited to, slopes that exceed accessibility standards, and cracked or raised concrete.

New City Standard curb and gutter 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.

Street Frontage Configuration Sidewalk Width (ft)
Hillman Street in a parkway pattern 6-ft
Retherford Street in a parkway pattern 6-ft
Corvina Avenue In a parkway pattern 6-ft
Private Streets Adjacent to Curb 5-ft
CxJ Ramped Curb Returns - Existing ramped curb returns to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be noncompliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City standard ramped curb returns and/or pedestrian ramps shall be installed at the following locations: SE corner of Corvina Avenue and Retherford Street, SW and SE corners of Corvina Avenue and Private Street.

D Alley Improvements - The following alley improvements are required:

1. Construct vee gutter at the following locations: __ .

2. Construct ADA compliant alley approach at the following locations: __ .

3. Other:

CxJ Street monuments - Street monuments shall be installed at locations as required by the City Engineer.

D Temporary Turnarounds - Turnarounds are required at all dead end or stubbed streets, except where refuse pickup on lot frontages does not require the refuse collection vehicle to back up.

Grants of easement shall be provided to the City of Tulare for all temporary turnaround locations.

CxJ Damage to Existing Street Improvements - If work by the Owner/Developer or his contractors render any existing City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer. Thenceforth, the Owner/Developer shall maintain the street in its repaired state for the duration of the development's construction activities.

Resolution 037
TPM 2021-05 Page 8
[SJ Street Lights - Street lights shall be owned and maintained by Southern California Edison, and shall be installed at locations designated by the City Engineer per the City of Tulare Design Guidelines and Public Improvement Standards. Luminaires shall be LED fixtures mounted on standard concrete marbelite poles, and shall comply with the following general requirements:

Roadway
Classification
Local Streets
Collector
Streets
Minor
Arterial
Streets
Arterial
Streets
Traffic Signal
I
Roundabout
Color
Rating Minimum Mounting Mast Arm
Wattage (kelvin) Lumens Height Length
31 Watt 4,000 4,000 26 feet 6 foot
39 Watt 4,000 5,000 26 feet 8 foot
39 Watt 4,000 5,000 32 feet 8 foot
71 Watt 4,000 8,500 32 feet 8 foot
4,000 15,000 Varies Varies
[SJ Traffic Control Devices - Street name signs, traffic control signs, pavement delineation and/or pavement markings shall be installed as required by the City Engineer.

D Traffic Calming Measures - The proposed development shall incorporate the following traffic calming measures: __ .
[SJ Bicycle and Pedestrian Facilities - The proposed development shall incorporate the following bicycle/pedestrian facilities: Bicycle racks at commercial properties.

D Transit Facilities - The proposed development shall incorporate City standard bus turnout(s) at the following location(s): __ .

Grading Requirements
[SJ 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. On-site retention of storm water runoff is D required [SJ not required.

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

Resolution 837
TPM 2021-05 Page 9
ISl The maximum slope adjacent to the back of any public sidewalk shal I not exceed 5: l for the first 5 feet. For Landscape and Lighting Act District parcels, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed l 0: 1.

Utility Improvements
IS] All utility services to be located within paved areas shall be placed prior to paving.

ISl The Owner/Developer must make provisions for the installation of a gas distribution system in all streets and at the sizes determined by the Southern California Gas Company.

IS] 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 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project. The following streets have above ground utilities that will need to be undergrounded:

Street Location
Water System Requirements
ISl Water main alignments shall be 6 feet south and/or west of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following water main extensions and connections: __
ISl Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Owner/Developer.

IS] Fire 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.

ISl The proposed development shall install water services with back flow devices, as approved by Planning and Building. Water sizing calculations shall he provided at time of building permit application. Domestic and landscaping services shall be separate metered services using the make and model of meter specified by the City of Tulare Public Works Department. No substitutions are allowed. All R-M-2 lots shall require individual water services (1 ½" minimum) with meter boxes.

ISl Water sampling stations shall be installed as follows: Per requirements of City Water Manager.

Resolution 837
TPM 2021-05 Page 10
cg] Existing water wells shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

Sewer System Requirements
cg] Sewer main alignments shall be 11 feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following sanitary sewer main extensions and connections: __ cg] The proposed development shall connect to City sewer. If service from an existing lateral is proposed, said lateral shall be exposed for inspection by the Public Works Inspector and upgraded to current City standards if found to be broken or substandard. cg] All sewer lines shall pass both mandrel and air pressure tests, and shall be subject to video inspection by the City. The cost of one video inspection of the Development's entire sewer line improvements shall be paid prior to recordation of the final map at the rate established at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection. cg] Sewer monitoring stations, oil/sand/water separators and/or grease interceptors shall be installed as required by the wastewater manager.
cg] Existing septic tanks shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

Storm Drainage System Requirements
cg] Storm drain alignments shall be 6 feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following storm drain line extensions and connections: __ . cg] All storm drain lines shall be subject to video inspection by the City. The cost of one video inspection of the Development's entire storm drain line improvements shall be paid prior to recordation of the final map at the rate established at the time of recordation of the final map.

The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.

Landscaping and Parks Requirements
cg] A landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase. The landscape & irrigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 clays before approval of the final map or approval of the improvement plans (whichever comes first). cg] If a Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local street maintenance, the Owner/Developer shall submit a completed Landscape & Lighting District Resolution 837
TPM 2021-05 Page 11
application and all necessary calculations and supporting documentation for the formation of the district a minimum of 75 days before approval of the final map or approval of the improvement plans (whichever comes first). Dedication to the City is required for all landscape and common area lots to be maintained by a Landscape & Lighting District.

On-site Improvements
IZJ On-site A.C. pavement design shall he hased upon the results of "R" Value tests at locations approved by the City Engineer, and the following minimum traffic index requirements: 4.5 for parking areas/travel lanes and 5.0 for truck routes (including path of travel of solid waste collection vehicles).

IZJ All on-site water, sewer, and storm drain shall be privately owned. All City owned water meters shall be located within the City's ROW.

IZJ All unused culverts and irrigation lines shall be abandoned and plugged 111 a manner acceptable to the City Engineer.

IZJ A trash enclosure is required and shall be shown on the improvement drawings. The type, location and orientation of the enclosure shall be subject to the approval of the Solid Waste Division Manager. For doublewide enclosures, separate bins are required for solid and recyclable waste, and identification signing shall be posted adjacent to all points of direct access. The wording of the signing shall be clear and concise, and shall identify all materials accepted in the recycling bin.

IZJ A landscaping plan subject to the review and approval of the Planning and Building Divisions shall be provided in conjunction with building permits for subsequent commercial developments. Approval of the landscaping plan is required prior to approval of engineering improvement plans by the City Engineer. All existing trees that conflict with proposed improvements shall be removed to a depth of two (2) feet below proposed finish grade.

D If 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.

IZJ In conformance with the City of Tulare's adopted air pollution control measures, a sign instructing delivery vehicle drivers to turn off their vehicle's engine while making deliveries shall be prominently posted at commercial locations where deliveries are received.

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

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

Resolution 837
TPM 2021-05 Page 12
[:gj If 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. When construction activities are not covered under the General Permit, storm water pollution control shall be implemented per the requirements of the City's Municipal Separate Storm Sewer System (MS4) permit. [:gj 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. 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 challenging such exactions.

Oversize Construction
[:gJ The conditions of project approval require the construction of facilities which have been designated as "rnasterplan facilities" by the City Engineer, and as such the Owner/Developer may be eligible to receive reimbursement for oversized construction costs in accordance with Chapter 8.64 "Oversized Construction Reimbursement" of the Tulare Municipal Code, and the oversized construction reimbursement policies of the Engineering Services Department.

Eligibility for any reimbursement of oversized construction costs is subject to the City Engineer's review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Owner/Developer shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Owner/Developer shall not be eligible for any reimbursements.

Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

Fees
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 final map recordation or upon the date of issuance of other discretionary permit, whichever is applicable.

These fees include, but are not limited to:
[:gJ Sewer front foot charges of$ 26.00 per front foot for frontages on Hillman Street.

D Sewer lift station fee of$ __ per acre.
[:gJ Water front foot charges of$ 17 .50 per front foot for frontages on Hillman Street.

Resolution 837
TPM 2021-05 Page 13
D Storm Drain front foot charges of$ __ per front foot for frontages on __ .

D Street front foot charges of$ 29.02 per front foot for frontages on __ .

D Benefit district creation fee (if applicable):$ 1,008.19 per district.

D Traffic signa] in-lieu fee of$ __ .

D TID ditch piping in-lieu fee of$ __ .

D Sewer main construction in-lieu fee of$ __ .

D Water main construction in-lieu fee of$ __ .

D Street construction in-lieu fee of$ __ .

IZI Blackstone Ranch Benefit District fee of$ 13,775.14 for Corvina Avenue sewer improvements to be collected on a front foot basis at time of issuance of building permits on Parcels 1 and 2.

IZI Blackstone Ranch Benefit District fee of$ 9,859.02 for Corvina Avenue water improvements to be collected on a front foot basis at time of issuance of building permits on Parcels 1 and 2.

IZI Blackstone Ranch Benefit District fee of$ 134,730.89 for Corvina Avenue street and traffic signal improvements to be collected as a lump sum at time of first building permit issued on either Parcel 1 of Parcel 2.

IZI Blackstone Ranch Benefit District fee of$ 12,751.95 for Corvina Avenue storm drain improvements to be collected on a front foot basis at time of issuance of building permits on Parcels 1 and 2.

IZI Engineering inspection fee based on a percentage of the estimated cost of construction is required prior to the construction of the improvements.

IZI Development impact fees to be paid with building permit at rates in effect at time of permit issuance.
[g] Engineering plan check fee to be paid at time of plan submittal.

IZI Final map plan check fee to be paid at time of map submittal.

D Other: __
Prepared By: Jan Bowen, Engineering Department
Resolution 037
TPM 2021-05 Page 14
PASSED, APPROVED AND ADOPTED this tenth day of January, 2022 by the following recorded vote:

AYES: AA. An~y(A I /VI . Ndl~
,
NOES:

ABSENT: 5, Ntller
ABSTAIN:

ER, CITY ENGINEER
City of Tulare Parcel Map Committee
ATTEST:
~~£r-
'TRACIMYERS, VICE-CHAIR
City of Tulare Parcel Map Committee
Resolution 837
TPM 2021-05 Page 15

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve a Quitclaim Deed for Lot D of Phase 1 of the Oakcrest subdivision to D.R. Horton CA3, Inc., a Delaware Corporation, located approximately 180 feet west of the intersection of Madalyn Avenue and Rivers Street in the Oakcrest Subdivision; and authorize the City Manager to sign the respective Certificate of Conveyance.

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

As part of the Final Map for Phase 1 of the Oakcrest subdivision, D.R. Horton CA3, Inc. (Developer) dedicated Lot D as shown in the attached exhibit in fee title to the City for landscape purposes. Lot D is located along the back of what was an existing residential parcel that was originally not included in the Oakcrest subdivision. The parcel had a residence that fronted on Tulare Avenue, and backed onto Madalyn Avenue, which is being constructed by the Oakcrest subdivision. Lot D was created to provide a landscape buffer between the back of the existing residential parcel and Madalyn Avenue.

Since the recording of the Final Map, the Developer was successful in purchasing the aforementioned residential parcel, and has removed the residence. The Developer is proposing to incorporate the parcel into the Oakcrest subdivision, creating two new residential lots that will front on Madalyn Avenue. It is necessary to quitclaim Lot D back to the Developer to allow the new lots to front on and have access to Madalyn Avenue. The Developer will provide roadway right-of-way dedication and a new landscaping lot along the new lots’ Tulare Avenue frontage. Elimination of access off of Tulare Avenue, which is a designated arterial street, will also serve to bring the property into conformance with the City’s General Plan policies that seek to minimize access points on arterial streets.

Copies of the following items are attached for reference:

1. Oakcrest Subdivision Phase 1 Exhibit Map
AGENDA ITEM: Consent 9

2. Quitclaim Deed for Lot D

3. Certificate of Conveyance for Quitclaim Deed
STAFF RECOMMENDATION:

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: Michael Miller Title: City Engineer
Date: July 8, 2022 City Manager Approval: ____________

RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, California 93274-4257
Pursuant to Government Code Section 6103,
No Recording Fee Required
SPACE ABOVE THIS LINE FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $0.00 – No consideration easement ( ) Computed on full value of property conveyed, or
( ) Computed on full value less liens and encumbrances remaining at time of sale. ( ) Unincorporated area City of Tulare
( X ) Realty not sold (value less than $100)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TULARE, a Municipal Corporation
does hereby REMISE, RELEASE AND QUITCLAIM to
D.R. Horton CA3, Inc.
all of its right, title, and interest in and to the real property situated in the City of Tulare, County of Tulare, State of California, described as follows:

Lot D of Oakcrest Subdivision – Phase 1 in the City of Tulare, State of California, as per map recorded in Volume 44, Page 71, of Maps in the office of the County Recorder of Tulare County.

Dated: ___________________________ City of Tulare, a Municipal Corporation By: _________________________________
Mark Mondell
City Manager

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 )
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

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Quitclaim Deed dated July 19, 2022, from the City of Tulare, a Municipal Corporation of the State of California to D.R. Horton CA3, Inc. was duly conveyed by the City Council of the City of Tulare on July 19, 2022, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Quitclaim Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Engineering Services / Project Management For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to sign a contract with 4 Creeks of Visalia, CA in an amount not to exceed $357,162 for topographic surveying, geotechnical analysis, design, bidding and construction support services for the site development and construction of a Homeless Shelter facility (Project - FM0048); and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($35,716) of the contract award amount.

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

A Request for Qualifications (RFQ) for On-Call Architecture and Landscape Architecture Consultants was issued on April 5, 2022. Three (3) firms submitted all the necessary information to be considered for inclusion in a list of pre-approved consultants to provide these services. The proposals were reviewed in accordance with the consultant selection procedures identified in the RFQ, and all three (3) firms were recommended for inclusion on the list of prequalified architecture and landscape architecture consultants. On June 7, 2022, the City Council approved this list of (3) consultants.
4 Creeks of Visalia, CA is included on the list of pre-qualified on-call architecture and landscape architecture consultants and demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the design of this project. 4 Creeks has proposed to perform the necessary work for $357,162.

The proposed cost is in line with industry standards and falls within the amount budget for this work on this project.

The project has been broken into two (2) primary phases for both design and construction.

Phase 1 will consist of off-site improvements (curb, gutter, sidewalk, utilities, etc.), portions of AGENDA ITEM: Consent 10
the parking lot, site grading, drainage accommodations, site lighting, fencing and minimum onsite improvements necessary to accommodate the temporary encampment. Phase 2 will include the construction of the main shelter building and build-out of the additional ancillary supporting facilities.

Due to the straightforward nature of the scope, and urgency to establish use of the temporary encampment, Staff plans to complete the design of Phase 1 and proceed with bidding of the associated work. Then, as required by the City’s Purchasing Policy, construction contracts will be brought to the City Council for review and approval. Alternately, as the design and final scope of work of Phase 2 progresses, Staff plans to bring back an update and presentation of the design and estimated cost at about the 30% progress stage for Council consideration and comment, prior to proceeding with the completion of the design.

STAFF RECOMMENDATION:

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

FM0048-040-0200
Submitted by: Nick Bartsch Title: Sr. Project Manager
Date: July 8, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN 168-340-001 in the amount of $19,000 for public right-ofway required by Project EN0074, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

Capital Improvement Project EN0074 addresses pavement and utility infrastructure improvements along Cross Avenue west of West Street. The project includes the installation sidewalk on the north side of Cross Avenue, surface water improvements, water and sewer service modifications, street reconstruction, and improvements on the westerly side of the Cross Avenue-West Street intersection. The project will improve surface water drainage, as well as improve pedestrian connectivity in the area. The installation of curb, gutter and sidewalk along the north side of Cross Avenue requires the acquisition of additional right-ofway from five (5) parcels.

Project EN0074 dates back to July of 2017. City Council previously identified the project as part of the approved list of SB1 funded projects on April 23, 2019. Subsequently, Council gave direction to staff to commence the design and right-of-way acquisition phases for the project.

A contract was awarded to 4Creeks for design, and to Paragon Group for right-of-way acquisition services. Paragon Group completed appraisals and has been working on the City’s behalf to obtain the required right-of-way at fair market value for the five (5) parcels, which are owned by four (4) separate property owners. The subject parcel is the first who’s owner has accepted our offer and completed the necessary paperwork.

The subject parcel is located on the north side of Cross Avenue, west of West Street. The property owner, Norberto Alcaraz Chavez, has been working with the City’s consultant team throughout the design, appraisal and acquisition process, and has agreed to sell the required property for the amount of $19,000 in accordance with the terms previously authorized by the City Council. This property acquisition encompasses 2,280 square feet. The property has minor improvements on the portion being acquired. The land is valued at $6,840, and the value associated with existing improvements affected by the acquisition (cost to cure) was determined to be $12,089.80. The subsequent acquisition offer was rounded to $19,000.

STAFF RECOMMENDATION:

Authorize the City Manager to complete and execute the documents necessary to purchase property located as a portion of APN 168-340-001 in the amount of $19,000 for public right-ofAGENDA ITEM: Consent 11 way required by Project EN0074, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

EN0074-030-0610
Submitted by: Michael Powers Title: Project Manager
Date: July 8, 2022 City Manager Approval: ____________

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant Deed dated June 22, 2022, from Norberto Alcaraz Chavez, a single man, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on July 19, 2022, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Human Resources
For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Reject the liability claim filed on June 24, 2022, by Amarjit S. Dhanoa for loss of daily sales in the amount of $10,000, for the period of May 5, 2022 through May 27, 2022, due to the closure of one of three street entrances into the Bellevue Mini Market.

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

Mr. Dhanoa owns the Bellevue Mini Market at Spruce Street and Tulare Avenue. The claim is in the amount of $10,000 for loss of business daily sales by the permanent closure of a street entrance into their business parking lot.

AGENDA ITEM: Consent 12
The claim has been filed with our RMA (Central San Joaquin Valley Risk Management Authority) who conducted a preliminary review of the claim. This claim does not fall within the memorandum of coverage through the RMA program and has been referred to our City Attorney’s Office for handling. The City Attorney has recommended that the claim be rejected and staff be directed to notify the claimant’s through a Notice of Rejection of Claim.

STAFF RECOMMENDATION:

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: Janice Avila Title: Human Resources Director Date: June 29, 2022 City Manager Approval: ____________

HUMAN RESOURCES
JUN 2 4 2022

RECEIVED

CITY OF TULARE

CLAIM FORM
Return completed form to: Risk Management
City of Tulare
411 E. Kern A venue
Tulare, CA 93274
(559) 684-4202
(Please Type Or Print)
CLAIM AGAINST -~c'-•. ·_i ·-'-i---=o~F_ilJ_i __ ~ __ L-t::, _ (Name of Entity)
A - "_o -- - ~.; ·-.-...... h,,., no o,_ Claimant's name: I_~. ~-°'~1--J_l_f -_· 1-.> __ LA. _ C
SS
la
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:
m
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ant's address: iL{ d:_ol G
" \ e,, [ le,· c-c:i, DOB: __ c:r- ~-~~-~---✓--- Gender: Male .~ ~ I AA,-- •11.uef-1.£ I tJ L--~ / ""Ve . Telephone:
')(' Female _
'S ~ Gt -- ct ~ -- 4 8 LP 2.

Address where notices about claim are to be sent, if different from above: _ Date of incident/accident:5➔jg-4--z_;i..,_ .. _(Y\c,., __ '_':(-\---'d-'1_,__~_0_2_-'2..- ~__,\'-s;--'\.._'1J_n.-_- __ .s;- _..._\-"'&_:-t-- _\,,__'2--_::-'L-- _ Date injuries, damages, or losses were discovered: ---~-~_,· __ 9_7_,~2--0 _- _, _2_:1-- _. _ Location of incident/accident: .::-:::::_ ...., __,O.-- n.A.LS ST .__·--,-, -'- \ ...., l ~ l~ :::- "-- __ _,,_ _ What did entity or employee do to cause this loss, damage, or injury? (Use back of this form or separate sheet if necessary to answer this question in detail.) What are the names of the entity's employees who caused this injury, damage, or loss (if known)? _ ~Tj Or
What specific injuries, damages, or losses did claimant receive? c:J.o~-e__ l f e..-1 rA ~t ) t,r'\k-C,CQ,.., 'i:::,. t" ·-\-v P.::,.QY..\.R...,.JvJL. ('('\,,..;,, ()""'\.e-r+- (Use back of this form or separate sheet if necessary to answer this question in detail.) What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of jurisdiction. Note: If Superior and Municipal Courts are consolidated, you must represent whether it is a "limited civil case" [ see Government Code 910(f)]
La=-..,~ b-vLs<-;,,1 NZ...SS
__,, C~A·--"- ,e._w-u- - _-_~ .:,..c.. :f:._· __ s_·~ __r __ -e,o ='---v---_,,._ ._- _,, __ 1_0_~-~-- · -~~_ ... _~----f-i-:=: c,._r-_~_·__,i:,._ \.A)+ -l 5us ,. __ t!\_\_o_o_o_o~_lo~s_·.~~o.~eu~¼--~~~- P---<,,...._P_,_. )
How was this amount calculated (please itemize)?
(Use back of this form or separate sheet if necessary to answer this question in detail.) Date Signed: __ (o_l_~_i..-f_\.,._--i:; _-;i,,. Signature: -~'t'-t'f=. =,.,~~--------------- If signed by representative:

Representative's Name Address _
Telephone# ------------------------------------
Relationship to Claimant -------------------------------- •

DIAGRAMS
General Diagram
/ _J
Street Incidents
i
North
I

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Police
For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Authorize the City Manager to sign a contract for the purchase of a 5-Position Dispatch Console system from Motorola Solutions in the amount of $341,114.00, and authorize a contingency in the amount of $8,886.00 for a total maximum contract amount of $350,000.00 utilizing Sourcewell cooperative purchasing.

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

The City of Tulare Police Department’s current radio communications system (dispatch Consoles) have been declared end-of-life by the manufacturer. While the existing systems are currently functioning, and spare parts are able to be sourced through 3rd party sources, Motorola is no longer providing factory-level support or repairs for the current system. This system needs to be replaced with manufacturer supported equipment. The recommended purchase will increase the number of Dispatch radio consoles from four to five.

The proposed solution will allow for a future upgrade path to a fully digital P25 compliant radio system. The proposed solution will provide for Tulare police Dispatch radio needs for years to come.

The City is a member of the Sourcewell Cooperative Purchasing Program (Formally NJPA).

Sourcewell is a nationwide, cooperative purchasing program with the purpose to assist public agencies in meeting needs which are more efficiently delivered cooperatively than by an entity individually. Participating agencies include all eligible government, education, and nonprofit AGENDA ITEM: Consent 13
agencies nationwide. Participating agencies are able to make purchases using competitively bid Sourcewell contracts.

STAFF RECOMMENDATION:

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

American Recovery Plan Act / 028-4145-7202
Submitted by: Fred Ynclan Title: Police Chief
Date: July 12, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution amending the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff.

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

California Government Code 36813 provides that the Council may establish rules for the conduct of its proceedings. On February 16, 2010, the Tulare City Council approved a Handbook of Rules and Procedures (Handbook), which sets forth rules and procedures of the general powers and duties of Council, meetings, decorum as well as procedural and administrative rules, that may be useful to the City Council, administrative staff, and the general public. The most recent update was on August 21, 2018.

Amendment to or adoption of new City Council rules and procedures shall be accomplished by a majority vote.

At the June 12, 2022, special City Council meeting, Council reviewed the proposed amendment and directed staff to proceed with amending the handbook.

STAFF RECOMMENDATION:

Adopt a resolution amending the Council Handbook of Rules and Procedures in regard formalizing the seating arrangement of Council and staff.

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: July 11, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 14
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AMENDING THE HANDBOOK OF RULES AND PROCEDURES OF THE CITY

COUNCIL OF THE CITY OF TULARE
WHEREAS, on February 16, 2010, the City Council of the City of Tulare adopted Resolution 10-11, establishing administrative policies, rules and procedures for the conduct of its proceedings as provided for in Government Code Section 36813 entitled Handbook of Rules and Procedures of the City Council of the City of Tulare (“Handbook”); and
WHEREAS, the Council may amend the Handbook by majority vote; and WHEREAS, the Council directed staff to prepare an amended Handbook in order to formalize the seating arrangement of Council and staff.

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

Section 1. The Handbook is hereby amended as presented in Exhibit A and shall replace and supersede, in whole, any prior versions.

Section 2. The Handbook shall be in effect upon adoption and remain in effect until such time as it is amended or new rules are adopted.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022- Page 3
Exhibit A
See attached.

Handbook of
Rules and Procedures
of the City Council of the
City of Tulare
Preface
As provided by California Government Code Section 36813, the City Council of the City of Tulare established the Handbook of Rules and Procedures contained therein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.

In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff and the general public. This document is to be known as “The Handbook of Rules and Procedures of the City Council of the City of Tulare.”
Adopted February 16, 2010 by Resolution 10-11
Amended August 21, 2018 by Resolution 18-46
Amended July 19, 2022 by Resolution 2022-
Table of Contents
Chapter 1 – General Information, Powers, and Duties.......................................... 1 A. The City of Tulare .................................................................................... 1 B. Council Elections ..................................................................................... 1 C. Vacancies ................................................................................................ 1 D. Mayor/Vice Mayor Selection .................................................................... 1 E. Compensation and Benefits..................................................................... 1 F. City Clerk ................................................................................................. 2 G. City Attorney ............................................................................................ 2 H. Triangle of Policy, Process, and Product ................................................. 2 I. Mayor as Presiding Officer and Duties Thereto .......................................... 3 J. Vice Mayor.................................................................................................. 3 K. Rules and Procedures ............................................................................. 3 L. Interference in Staff Functions................................................................. 4 M. Council Voting.......................................................................................... 4 Chapter 2 – City Council Meetings........................................................................ 5 A. Regular Meetings..................................................................................... 5 B. Special Meetings ..................................................................................... 5 C. Study Sessions ........................................................................................ 5 D. Closed Sessions ...................................................................................... 5 E. Agenda .................................................................................................... 6 F. Call to Order ............................................................................................ 6 G. Quorum.................................................................................................... 6 H. Lack of Quorum ....................................................................................... 6 I. Recognition to Speak – Council Member.................................................... 7

1. Interruptions:......................................................................................... 7

2. Public Hearings: ................................................................................... 7 J. Council Members’ Obligation After Absence............................................... 7 K. Adjournment of Meeting........................................................................... 7 L. Agenda Items Out of Order...................................................................... 7 M. Audio Recordings .................................................................................... 7 N. Agenda Format for Regular Meetings...................................................... 7 O. Components of Regular Meetings ........................................................... 8

1. Citizen Comments ................................................................................ 8

2. Communications................................................................................... 8

3. Consent Calendar................................................................................. 8

4. General Business ................................................................................. 9 P. Minutes .................................................................................................... 9 Q. Legislative Procedures ............................................................................ 9 R. Appeals..................................................................................................10 S. Appointments.........................................................................................10 T. Addressing the City Council...................................................................10

1. Speaker Form and Speaker Time.......................................................10

2. One Speaker at a Time ......................................................................10

3. Questions and Comments from the Public .........................................10

4. Addressing the City Council after a Motion is made ...........................10 U. Continued Agenda Items .......................................................................11 V. Public Hearing Closed ...........................................................................11 W. Cancellation of Meeting .........................................................................11 X. Future Agenda Items .............................................................................11 Chapter 3 – Decorum..........................................................................................12 A. Enforcement of Decorum.......................................................................12 B. Conduct in the Council Chamber...........................................................12

1. Council Chamber Defined ..................................................................12

2. Rules of Decorum for the Public.........................................................12

3. Rules of Conduct and Safety..............................................................12

4. Removal from the Council Chamber...................................................13

5. Cell Phones ........................................................................................13

6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video .........................................................................................13 C. Courtesy ................................................................................................13

1. Council Members................................................................................13

2. City Employees...................................................................................14

3. Public Speakers..................................................................................14

4. Appointed members of Boards, Commissions and Committees.........14 D. Noise in the Lobby .................................................................................14 E. Crowd Control in the Council Chamber .................................................14 F. Smoking................................................................................................. 15 G. Food and Drink ......................................................................................15 H. Distribution of Materials in the Council Chamber...................................15 Chapter 4 – Procedural Rules.............................................................................16 A. Rules of Order .......................................................................................16 B. Rules of Discussion ...............................................................................16

1. Withdrawal of Motion..........................................................................16

2. Voting ................................................................................................. 16

3. Failure to Vote ....................................................................................16

4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification.............................................................................................16

5. Abstention/Recuse: Conflict of Interest...............................................16

6. Tie Votes ............................................................................................17

7. Motion for Reconsideration................................................................. 17 C. Council Dais...........................................................................................17 Chapter 5 – Administrative Rules........................................................................19 A. Purchase by Contract or in the Open Market.........................................19 B. Public Works to be Done by Contract ....................................................19 C. Execution of Documents........................................................................19

1. Ordinances, Resolutions, and Ceremonial Certificates ......................19

2. Contracts for Supplies, Public Buildings, and Work............................19

3. Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs over $50,000 ...............................................................................19

4. Acting City Manager Designation .......................................................20 D. Council Administrative Support..............................................................20

1. Mail.....................................................................................................20

2. Letters Addressed to Mayor and/or City Council Members ................20

3. Council Correspondence ....................................................................20

4. Clerical Support..................................................................................20

5. Council Notification of Significant Incidents ........................................20 E. Rules and Procedures Administration....................................................21

1. Review of City Council Rules and Procedures ...................................21

2. Adherence to Rules and Procedures..................................................21

3. City Attorney as Rules and Procedures Advisor................................. 21

4. Adherences to Administrative Procedure and Process of Rules and Procedures ..................................................................................................21

5. Applicability of Rules and Procedures ................................................21 F. Conflict with City Charter, Municipal Code, Procurement Policies, Administrative Policies, and State or Federal Law ..........................................21 Handbook of Rules and Procedures - Tulare City Council Page 1 Chapter 1 – General Information, Powers, and Duties
A. The City of Tulare
The City of Tulare is a charter city which operates under a City Council-City Manager form of government. Under this form of government, the elected City Council sets the policies for the operation of the Tulare City Government, as well as the City. These policies are implemented by staff. The administrative responsibility to carry out the policies set by the City Council rests with the City Manager, who is appointed by the City Council.

B. Council Elections
The City Council consists of five members elected by district. Each Council Member serves four-year staggered terms, without limit. Elected Officials serve until their successor has been elected and qualified. Elections are held in November of even numbered years.

The City contracts with the County of Tulare to administer municipal elections.

C. Vacancies
Pursuant to Section 9 of the City Charter, “A vacancy in any elective office, from whatever cause arising, shall be filled by appointment by the Council, such appointee to hold office until the next general Municipal Election, when a successor shall be chosen by the electors for the unexpired term. All appointees shall be qualified electors of the district which was vacated. If the Council fails to agree or for any other reason does not fill such vacancy within 30 days after the same occurs, then such vacancy shall be filled by the Mayor; provided, however, that if for any reasons the seats of a majority of the Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted as herein provided for general Municipal Elections.

If any officer of the City shall remove from the City, or absent himself/herself therefrom for more than thirty (30) days consecutively without the permission of the Council, or shall fail or qualify, or shall resign, or be convicted of a felony, or be adjudged insane, his/her office shall thereupon become vacant.” D. Mayor/Vice Mayor Selection
The Mayor and Vice Mayor are members of the City Council and selected by members of the Council. These positions typically serve a two-year period without limit. Both positions carry additional responsibilities, but neither position carries additional power beyond those of all other Council Members.

E. Compensation and Benefits
The City Charter provides that Council Members, including the Mayor, receive $5.00 per regular meeting attended (maximum of $10/month). At their option, they can participate in the City’s health insurance program in the same manner as regular Handbook of Rules and Procedures - Tulare City Council Page 2 employees. Expenses for City-related business (e.g. meetings, conference attendance, League division dinners, etc.) are covered by the City pursuant to the Council Travel Policy.

F. City Clerk
Since 1987, the City Manager has held the official title of City Clerk; however, the Office of the City Clerk is supported by a Chief Deputy and Deputy City Clerk who carry out the official functions of the City Clerk. When reference is made to the “City Clerk,” these positions are inclusive of that title. The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk, in consultation with the City Attorney, ensures that actions are in compliance with all federal, state, and local statutes and regulations and that all actions are properly executed, recorded, and archived.

The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.

The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City departments, and the general public rely for information regarding the operations and legislative history of the City. The City Clerk serves as the liaison between the public and City Council and provides related municipal services.

G. City Attorney
In accordance with the Tulare City Charter the City Council shall appoint the City Attorney, who shall be an attorney-at-law, duly admitted to practice in the courts of this state, and having practiced therein at least two years.

In the event that it is deemed necessary by the City Attorney to hire either Special or Conflict Counsel to act in the place of, or in conjunction with, the City Attorney for major and significant projects or litigation, the City Attorney shall bring forth such a recommendation to the City Council for approval at a regular or special meeting and be designated to execute the necessary document to facilitate those contracts.

H. Triangle of Policy, Process, and Product
The City Council establishes the Policy establishing vision and direction for the community’s future.

The City Clerk, in consultation with the City Attorney oversees the Process ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.

Handbook of Rules and Procedures - Tulare City Council Page 3 The City Manager provides the Product which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.

I. Mayor as Presiding Officer and Duties Thereto
The Mayor shall be recognized as the official head of the City of Tulare for all ceremonial purposes and by the Governor for military purposes. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The Mayor shall act as the Presiding Officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as such Presiding Officer. The Mayor shall possess no veto power.

The Mayor shall preserve strict order and decorum of Council meetings at all times.

The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: The length of time persons may speak, require that, if desirable, a spokesperson address the Council on behalf of a group of persons and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The Mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the Mayor shall announce the results of the vote. The Mayor is eligible to vote on all motions, and shall direct the order of participation of Council Members. The Mayor shall, in all instances, have the last chance to speak.

The Mayor shall sign all ordinances and resolutions adopted by the City Council during the Mayor’s presence. The Mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.

J. Vice Mayor
In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his/her presence. The Vice Mayor shall also sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.

K. Rules and Procedures
Simple parliamentary decorum shall govern meetings. The Mayor shall ask for a motion and a second prior to calling for a voice vote (e.g. ayes, nays, abstentions) absent an electronic voting device. In the instance of a vote on an ordinance or resolution, the Mayor, absent an electronic voting device, shall ask the Clerk to poll the Council, beginning with the member who motioned, then the member who seconded, and left to right thereafter, with the Mayor being polled last.

The Mayor has the right to direct the Clerk to poll the Council on any matter.

Handbook of Rules and Procedures - Tulare City Council Page 4 Amendment to, or adoption of, new City Council Rules shall be accomplished by majority vote of the Council.

Any Council Member may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act. The Council may at any time by majority vote set aside these policies for purposes of any agenda item.

L. Interference in Staff Functions
The City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.

The City Council shall deal with the Office of the City Attorney only through the City Attorney, except for the purpose of inquiry, and neither the City Council nor any member thereof, may give orders to subordinates of the City Attorney.

M. Council Voting
A majority, also known as a simple majority, is a subset of a group that is more than half of the entire group (ex. 50% plus 1 of the members present at a given meeting).

A two-thirds majority means that two-thirds of the members present or more must agree to the proposition. Items which need a two-thirds majority approval require four Council Members to vote for approval if all Council Members are present. If any one Council Member is absent on an item which needs a two-thirds approval, the vote for approval must be unanimous.

Handbook of Rules and Procedures - Tulare City Council Page 5 Chapter 2 – City Council Meetings
A. Regular Meetings
Regular meetings of the City Council shall be open to the public and held on the first and third Tuesdays of every month at the hour of 7:00 p.m. In the event that a Closed Session item or items as that term is defined in the California Government Code section 54954.5 as amended from time to time is required, it may be agendized at a time immediately following or prior to 7:00 p.m., depending on the amount of time required for the matter and may be adjourned and/or continued at 7:00 p.m. as noted by the Mayor.

Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day, not a holiday, as if it were a regular meeting.

B. Special Meetings
A special meeting may be ordered at any time by the Mayor or by their designee whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law.

C. Study Sessions
The City Council may meet in a “study session” called as a Special Meeting for the purpose of acquiring information on a particular subject(s). Study sessions shall be open to the public. Study sessions are not public hearings; however, public input will be received.

D. Closed Sessions
Consistent with Government Code Section 54954.2 the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.

The general subject matter for consideration shall be expressed in an open meeting before such session is held. After closed session the legislative body must reconvene to open session and is required to disclose any reportable action taken along with the vote, or announce that no reportable actions were taken.

The legislative body in a closed session can consider only matters covered in its agenda descriptions. City Council Members shall keep all written materials and verbal information provided to them on matters that are confidential under law in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials should be made to anyone other than Council Members, City Attorney, or City Manager, unless one of the aforementioned is precluded or a subject thereof.

Handbook of Rules and Procedures - Tulare City Council Page 6 If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. Unless specifically authorized by Council’s action, a Council Member should not have any contact or discussions with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions.

All public statements, information, press releases, should be handled by the designated representative or spokesperson.

Government Code Section 54963 (a) – (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential closed session discussions, without first receiving authorization from the legislative body.

E. Agenda
Prior to each council meeting, the City Manager with input from Department Heads and the City Attorney shall set the agenda, reviewing same with the Mayor. The City Clerk shall arrange such matters, including all ordinances, resolutions, reports, communications, contracts, documents or other matters as may have been timely provided, for inclusion in the agenda.

F. Call to Order
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Vice Mayor. In the absence of the Mayor and Vice Mayor, the meeting shall be called to order by the most senior Council Member present.

This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Vice Mayor, or until adjournment of the meeting.

G. Quorum
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances require at least three affirmative votes. All resolutions and all orders for the payment of money require a simple majority of those members present.

H. Lack of Quorum
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment at or near the door of the place where the meeting was held.

Handbook of Rules and Procedures - Tulare City Council Page 7 I. Recognition to Speak – Council Member
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.

1. Interruptions:

A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein and/or the Mayor call the item to order.

2. Public Hearings:

Council Members should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.

J. Council Members’ Obligation After Absence
When a Council Member is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.

K. Adjournment of Meeting
The Mayor, or presiding officer, shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.

L. Agenda Items Out of Order
Upon request by any Council Member and, consent of a majority of the City Council present, the Council may modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.

M. Audio Recordings
All regular meetings (except closed sessions) of the City Council are audio recorded; as well as all special meetings, inclusive of, but not limited to study sessions, and budget sessions. Audio recordings are in digital format and are to be archived for a minimum of (5) five years.

N. Agenda Format for Regular Meetings
The agenda format for City Council regular meetings may be prepared to include, but not limited to, the following categories and/or sub-categories, not necessarily in the order herein reflected.

CALL TO ORDER
Handbook of Rules and Procedures - Tulare City Council Page 8

PLEDGE OF ALLEGIANCE AND INVOCATION

PROCLAMATIONS AND RECOGNITIONS

CITIZEN COMMENTS

COMMUNICATIONS

CONSENT CALENDAR

MAYOR/COUNCIL REPORTS OR ITEMS OF INTEREST

SCHEDULED PRESENTATIONS

PUBLIC HEARINGS

GENERAL BUSINESS

STAFF/COUNCIL UPDATES AND FUTURE AGENDA ITEMS

CLOSED SESSION

ADJOURNMENT
O. Components of Regular Meetings
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:

1. 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 welcomed. The Council cannot legally discuss or take official action on citizen request items that are introduced under this section.

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.

2. Communications
Citizen 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. Comments by the submitting party will be limited to three minutes, per topic, unless otherwise extended by Council.

3. 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 Handbook of Rules and Procedures - Tulare City Council Page 9 made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

4. General Business
Comments related to Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

P. Minutes
The City Council utilizes hybrid minutes, a blending of action and/or verbatim minutes and shall be known as “summary minutes” which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The digital audio recordings shall serve as the verbatim record.

Minutes may be approved under the Consent Calendar without reading. If, however, a Council Member raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record with Council’s consensus of a majority present, and approved at that meeting in which it is addressed.

Q. Legislative Procedures
Generally, legislative proceedings shall be conducted in the following order:

Introduction of the item by the City Manager
Staff presentation
If applicable, Public Hearing opened by Mayor
Public Comments
If applicable, Public Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Appeal proceedings shall be conducted in the following order:

Introduction of the item by the City Manager
Staff presentation
Hearing opened by Mayor
Appellant’s comments
Public comments
Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Handbook of Rules and Procedures - Tulare City Council Page 10 R. Appeals
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda; the decision of which shall be factored upon the Council’s decision on appeal.

S. Appointments
Appointment to the City Boards, Committees and Commissions shall be made as set forth in Organization of Boards, Commission & Committees policy adopted by the Tulare City Council in 2008 as may be amended from time to time.

T. Addressing the City Council

1. Speaker Form and Speaker Time
A person desiring to address the City Council is encouraged to complete a Speaker Form. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Mayor may allocate a longer speaker time, other than what is noted on the agenda, without objection from the City Council.

Each person shall stand at the podium, if one is available, and is asked to state & spell his/her name and provide city of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked of a Council Member or a member of City staff except through the Mayor.

2. One Speaker at a Time
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a Council Member or City Staff except through the Mayor.

3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Citizen Comments.

4. Addressing the City Council after a Motion is made
No person in the audience may address the City Council after a motion is made without first securing permission from the Mayor to do so. Upon recognition by the Mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.

Handbook of Rules and Procedures - Tulare City Council Page 11 U. Continued Agenda Items
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

V. Public Hearing Closed
Once a public hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor. However, a public hearing may be re-opened by a majority approval by the Council to hear new information.

W. Cancellation of Meeting
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also be referenced under items of interest on the agenda for the meeting immediately preceding the canceled meeting date. All noticing of the canceled meeting will be done by the Clerk in accordance to law.

X. Future Agenda Items
Staff Updates and Future Agenda Items is the section of the agenda in which the City Council may provide information or updates on meetings/conferences attended, complaints/concerns/praises received from constituents, announce upcoming events, present information of Council/City interest, etc. Items presented under this section cannot be acted upon at the meeting in which it is discussed; however, it may be agendized for a future meeting upon the majority approval of the City Council.

Handbook of Rules and Procedures - Tulare City Council Page 12 Chapter 3 – Decorum
A. Enforcement of Decorum
The Chief of Police, or his/her designated representative is the sergeant-at-arms of the City. The sergeant-at-arms shall attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location, unless excused by the Mayor. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.

B. Conduct in the Council Chamber

1. Council Chamber Defined
Council Chamber shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined and noticed in accordance with the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.

2. Rules of Decorum for the Public
There are multiple opportunities to address the City Council during a Council meeting. During these opportunities, members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from the meeting per Government Code Section 54954.3(c).

Any person who engages in such disruptive behavior may be guilty of a misdemeanor. This section does not prohibit any expressions, actions or behavior that are otherwise protected by the First Amendment.

3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chamber. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chamber, including cellular phones or pagers, without first either turning said equipment off or switching it to a silent mode.

Handbook of Rules and Procedures - Tulare City Council Page 13

4. Removal from the Council Chamber
Subject to provisions of Section 2 above, any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chamber per Government Code Section 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; and,
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; and, (c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City Council; and, (d) Any other unlawful interference with the due and orderly course of said meeting.

5. Cell Phones
In order to minimize interference to audio recording equipment during a City Council cell phones shall be turned off or at minimum placed on silent during all meetings.

6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video
The use of media equipment that enables recording of information of an open and public meeting is permissible, absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings or to the other members of the audience.

In the event that use of media equipment is disruptive, the Presiding Officer may first seek to remedy the disturbance with the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.

If the equipment operator refuses to make such accommodations the Mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chamber/meeting location.

C. Courtesy

1. Council Members
Council Members shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.

Handbook of Rules and Procedures - Tulare City Council Page 14

2. City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.

3. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Citizen’s Comments section of the agenda. The right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.

While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under Citizen’s Comments section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

The Mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving such a warning, the person persists in breaching the rules of decorum, the Mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the Mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the Mayor or presiding officer may direct the City Manager to contact law enforcement.

4. Appointed members of Boards, Commissions and Committees Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.

D. Noise in the Lobby
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.

E. Crowd Control in the Council Chamber
If the City Manager, or the City Manager’s designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chamber, he/she shall meet with the Mayor and discuss alternatives for accommodation of the potential number of people in excess of that allowable at the location.

Handbook of Rules and Procedures - Tulare City Council Page 15 F. Smoking
It is unlawful for any person to smoke in the City Council Chamber.

G. Food and Drink
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chamber.

H. Distribution of Materials in the Council Chamber
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chamber.

Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Citizen’s Comments, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.

Such other literature may only be displayed or distributed outside the City Council Chamber area.

Handbook of Rules and Procedures - Tulare City Council Page 16 Chapter 4 – Procedural Rules
A. Rules of Order
The City Council establishes these rules and may amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council procedures shall be accomplished by a majority vote.

B. Rules of Discussion

1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the Council Member who seconded the motion.

2. Voting
The City Council, in the absence of an electronic voting device, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Silence shall be recorded as an affirmative vote, unless recusal is required by law, in which case silence shall be recorded as a recusal and the reason for such recusal must be publicly stated by the Council Member, or if requested, by the City Attorney. The Presiding Officer shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions, the names of Council Members and their respective votes.

3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Council Member to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Council Member who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.

4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A Member of the City Council who abstains determines not to vote “yes” or “no”.

A vote to “abstain” except for an identified legal disqualification shall be counted as an affirmative vote. A Council Member shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A Council Member who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.

5. Abstention/Recuse: Conflict of Interest
Council Members shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Handbook of Rules and Procedures - Tulare City Council Page 17 Council Member shall leave the Council dais and the Council Chambers when the item is announced until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum. Further requirement on abstention and absence from the Chambers may be imposed by State law.

It should be noted; however, a Council Member may speak during public comment or as part of a public hearing process, on his/her own behalf – as opposed to on behalf of someone else or on behalf of, or in his/her role as a Council Member – on a matter that directly affects his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she could address the Council, speaking to what the impact would be to his/her property. Any Council Member who chooses to speak on item as an individual resident, that he/she are legally disqualified from participating as a Council Member, shall do so at their own risk and subject to any consequences from FPPC.

6. Tie Votes
When one Council Member is absent and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all Council Members will be present, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council or when the absence of a Council Member is due to a disqualification for a conflict of interest. The City Council exercises “appellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission could, but for an appeal to the City Council, confer final approval. In these instances a tie vote constitutes a non-action, which is a denial of the appeal.

7. Motion for Reconsideration
Upon final vote by the Council of any agenda item, a motion for reconsideration may be made, but only during the Council meeting wherein the agenda item was approved or denied. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council. If the motion to reconsider passes, then a member of Council may make a new motion related to the same item.

C. Council Dais
The City Council seating area, most commonly referred to as the Council Dais, is restricted to Council and City Staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.

Handbook of Rules and Procedures - Tulare City Council Page 18 The Council Dais currently consists of a half-circle (180º) seating arrangement which shall be as follows:

1. Seating for City Council, City Manager, and City Attorney The Council, City Manager, and City Attorney shall occupy the seven seats in the middle of the City Council Dais. Seating in the seven seats shall be (facing the audience): The City Attorney near the City Clerk on the far left, the City Manager on the far right, the Mayor in the middle, the Vice Mayor to the left of the Mayor, and the immediate past Mayor to the right of the Mayor. The seating of the remaining two Council Members shall be as agreed between them and, if not agreed upon, as designated by the Mayor. In the event the out-going Mayor is not continuing as a Council Member, that seat shall be occupied as agreed upon by said Council Members and, if not agreed upon, as designated by the Mayor.

2. Seating of City Staff
All other seating on the Council Dais by City Staff shall be as designated by the City Manager.

Handbook of Rules and Procedures - Tulare City Council Page 19 Chapter 5 – Administrative Rules
A. Purchase by Contract or in the Open Market
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market.

Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.

B. Public Works to be Done by Contract
All public buildings and work, when the expenditure therefor shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.

C. Execution of Documents

1. Ordinances, Resolutions, and Ceremonial Certificates The Mayor as Presiding Officer or in his absence the Vice Mayor shall execute all ordinances and resolutions. Ceremonial resolutions, proclamations and certificates will be, whenever possible, executed by the entire City Council.

2. Contracts for Supplies, Public Buildings, and Work
All contracts for supplies, public buildings and work shall be approved as to form by the City Attorney, shall be signed by the Mayor or in his absence the Vice Mayor, and attested to by the City Clerk.

3. Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs over $50,000
Pursuant to the City’s Purchasing Policy adopted by Resolution 15-36 on October 6, 2015, all agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs over $50,000 shall be, upon approval of Council, approved as to form by the City Attorney, shall be signed by the City Manager, or his/her designee, and attested to by the City Clerk.

Handbook of Rules and Procedures - Tulare City Council Page 20

4. Acting City Manager Designation
In that the City Manager is required or permitted to be away from the City from time to time, due to conferences, training, business trips, vacations, etc., the City Manager has the ability authority to use discretion in selecting and designating an Acting City Manager to carry out the ministerial duties for the duration of his/her absence as set forth in the Acting City Manager Designation Form. Such designee shall be an Employee of the City.

D. Council Administrative Support

1. Mail
All general mail is opened, date stamped, and routed to the addressee.

2. Letters Addressed to Mayor and/or City Council Members All letters addressed to the Mayor and/or City Council Members requiring a response from staff are copied to the City Manager. If so directed by Council, a copy of the responses mailed, along with the original letters will be provided to each Council Member.

Letters addressed to the Mayor and/or City Council members that do not require a response, but provide information on Council agenda items or like matters will be copied to the full Council.

Mail pertaining to specific meetings where an individual Council Member is the appointed representative of the Council is opened, said mail will be distributed to that Council Member and not copied to the full Council.

3. Council Correspondence
All Council Members correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual Council Member’s positions. All Council Member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.

4. Clerical Support
The City Manager/City Clerk’s Office will coordinate the typing of correspondence requested by individual Council Members for communications reflecting the position of the full Council. All correspondence typed for Council Member will be on City letterhead and will reflect the position of the full Council, not individual Council Member and will be copied to the full Council.

5. Council Notification of Significant Incidents
In conjunction with the City public safety departments, the City Manager’s Office will report on significant incidents immediately once known, but any means able to provide notice as soon as possible.

Handbook of Rules and Procedures - Tulare City Council Page 21 E. Rules and Procedures Administration

1. Review of City Council Rules and Procedures
The Council will review and revise the Handbook of Rules and Procedures as needed.

2. Adherence to Rules and Procedures
During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.

3. City Attorney as Rules and Procedures Advisor
At the behest of the full Council, the City Manager may be directed to confer with the City Attorney in interpreting the City Council’s adopted Rules and Procedures and proposed changes.

4. Adherences to Administrative Procedure and Process of Rules and Procedures
The Council has delegated the City Manager responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council Member. The City Manager will discuss with the Council Member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Manager will report the concern to the full Council.

5. Applicability of Rules and Procedures
The City of Tulare City Council Handbook of Rules and Procedures shall also apply to all Board, Commissions and/or Committees as established by the City Council.

F. Conflict with City Charter, Municipal Code, Procurement Policies, Administrative Policies, and State or Federal Law
If there is any conflict contained hereinabove with the City Charter, Municipal Code, Procurement Policies, Administrative Policies, and State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community Services
For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager or designee to issue a Request for Proposals for the Management and Operations of the Zumwalt Park Amphitheater.

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

On June 21, 2022, the City Council approved a contract with RRM Design Group in the amount of $653,850 for design and construction support services for the redevelopment of Zumwalt Park, which includes construction of an outdoor amphitheater.

Staff recommends that the City retain an operator to produce, execute and manage full production events at the Zumwalt Park Amphitheater. The City will work with the operator to host numerous national, regional and local events and a variety of community events that will provide entertainment to thousands of people each year. The City recognizes the value of a successful partnership to help produce these unique experiences and is seeking a qualified partner to manage the Zumwalt Park Amphitheatre beginning the 2024 season or sooner.

To ensure that the operator of the Zumwalt Park Amphitheater provides quality entertainment, staff proposes a comprehensive process including preparation of a Request for Proposals (RFP) This process includes;
• Preparation of an RFP document (See Attached)
• Distribution of the RFP to known qualified firms, trade organizations • Selection committee to review all qualified proposals received, interview(s) of top firms • Presentation of selected firm and contract to City Council for Review Should Council approve this request, it is anticipated that the RFP will be distributed with responses due in six weeks after the open date. Interviews will take place in September. Staff anticipates returning back to Council in early fall with a recommendation for a selected firm and contract. Staff is recommending proceeding now given that an operator will likely need to secure talent up to one year in advance of shows.

STAFF RECOMMENDATION:

Authorize the City Manager or designee to issue a Request for Proposals for the Management and Operations of the Zumwalt Park Amphitheater.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
AGENDA ITEM: Consent 15
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A It is not anticipated that the City will generate profit in hosting an annual concert series but the intent of utilizing a for-profit operator to run the amphitheater is so that the concerts can at some point be self-sufficient. Staff will provide Council more information on potential revenues and expenses associated with the annual concert series when it brings back a recommendation on the operator.

FUNDING SOURCE/ACCOUNT NUMBER:

N/A
ATTACHMENTS:

Request for Proposals for the Zumwalt Parks amphitheater operator.

Submitted by: Jason Glick Title: Community Services Director Date: July 11, 2022 City Manager Approval: ____________

CITY OF TULARE

REQUEST FOR PROPOSAL
RFP # 22-
Zumwalt Park Amphitheater
Submittal: One (1) unbound original and (5) copies must be received on or before:
3:00 p.m. on September 14, 2022
Addressed to: City of Tulare, c/o City Clerk
Address: 411 East Kern Avenue, Tulare, CA 93274
Mark envelope: Zumwalt Park Amphitheater
Responses received after the time and date stated above shall be returned unopened to the proposer.

INQUIRIES:

Direct questions for clarification of the RFP document to Brian Beck, Recreation Manager, in writing via-email at [email protected]. Deadline to submit questions regarding this RFP is : 3:00 p.m.

On Wednesday, August 24, 2022.

CITY OF TULARE

STATE OF CALIFORNIA

REQUEST FOR PROPOSAL
RFP # 22-
NOTICE IS HEREBY GIVEN that qualifications and separate, sealed proposals will be received at the City of Tulare City Clerk’s Office, 411 E. Kern Avenue, Tulare, California until 3:00 p.m. on Wednesday September 14, 2022 for the provision of the following:

REQUEST FOR PROPOSAL #22-

ZUMWALT PARK AMPHITHEATER
Any submittal received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned, unopened to the proposer. The submission shall include the entire Request for Proposal (RFP) documentation and any addendum issued by the City, if any.

Contract documents may be inspected and obtained in the Office of the Community Services Department, Parks Division, 830 S. Blackstone St, Tulare, CA 93274 or by calling (559) 684-4310 or at web site http://www.ca.tulare.ca.us/ . Please monitor the website for all information regarding this RFP. The City will not be sending individual notifications of changes, updates, clarifications, and/or addenda.

The City also hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE), as defined in 49 CFR, Part 26, shall have the maximum opportunity to participate in the performance of contracts financed, in whole or in part, under this agreement and will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract. No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

Minimum wage rates for this project have been determined by the Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates predetermined by the Director of the Department of Industrial Relations of the State of California for similar classifications of labor, the contractor and his subcontractors shall pay not less than the higher wage rate. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wage rates are set forth in the General Prevailing Wage Rates for this project, available at the City of Tulare and available from the California Department of Industrial Relations' Internet web site:
http://www.dir.ca.gov/DLSR/PWD
All persons or entity responding to this invitation shall be aware that their proposal is deemed a public record and may be subject to disclosure upon request. The right is reserved by the City of Tulare to reject any or all responses, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates: July 27, 2022
August 3, 2022
Table of Contents
RFP #22-XXX
I. INTRODUCTION
A.............................................................................................................................................Information B............................................................................................................................................Background C..........................................................................................................................Minimum Qualifications D.....................................................................................Purpose of Request and Process for Selection E............................................................................................................................. Time of Performance F................................................................................................................................................Schedule G. .............................................................................................................................Names – Definitions II. SCOPE OF SERVICES – RFP
A.................................................................................................................Consultant’s Responsibilities B...............................................................................................................................City Responsibilities III. PROPOSAL CONTENT AND FORMAT REQUIREMENTS
A...............................................................................................................................General Information B.............................................. Proposed Project Approach and Ability to Provide Requested Services C.........................................................................................Staff Qualifications and Related Experience D........................................................................................................................................Compensation E.................................................................................................................................. Conflict of Interest IV. CONSULTING FIRM SELECTION PROCEDURE
A................................................................................................................................................... Criteria B................................................................................................................................ Background Check C.................................................................................................................................. Award of Contract V. GENERAL CONDITIONS
A.................................................................................................................................... Important Notice B............................................................................................................................... Contracting Agency C............................................................................................................................Legal Responsibilities D............................................................................................................................ Permits and Licenses E............................................................................................................................................... Insurance VI. CONTRACT REQUIREMENTS
A.........................................................................................................WITHDRAWAL OF PROPOSALS B.............................................................................................................REJECTION OF PROPOSALS C.............................................................................................. EVALUATION/AWARD OF CONTRACT D....................................................................................................PROPOSAL PRICING GUIDELINES E............................................................................................................ASSIGNMENT OF CONTRACT F...........................................................................................................TERMINATION OF CONTRACT G. .............................................................................................RIGHT TO REQUIRE PERFORMANCE H................................................................................................... ETHICS IN PUBLIC CONTRACTING I. .......................................................................................................... INDEPENDENT CONTRACTOR J. ............................................................................................ EQUAL EMPLOYMENT OPPORTUNITY K.................................................................................................................................................. VENUE L. ..........................................................................................................PROPRIETARY INFORMATION M. ...........................................................................................................................INCURRING COSTS N.............................................................................................................................PRE-AWARD AUDIT S A M P L E C O N T R A C T-subject to changes

GENERAL PROVISIONS
SECTION ONE: DEFINITION OF TERMS
SECTION TWO: PROPOSAL REQUIREMENTS
SECTION THREE: Contract - Award and Execution
SECTION FOUR: CONTRACT – ADMINISTRATION
SECTION FIVE: SCOPE OF WORK
SECTION SIX: CONTROL OF WORK
SECTION SEVEN: CONTROL OF MATERIALS
SECTION EIGHT: LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC SECTION NINE: Prosecution and Progress
SECTION TEN: Measurement and Payment
SECTION ELEVEN: Worker's Compensation Insurance
SECTION TWELVE: Suspension or Termination of the Work
SECTION THIRTEEN: Claims and Disputes
SECTION FOURTEEN: Miscellaneous Provisions
SECTION FIFTEEN: Construction Services Agreement

MISCELLANEOUS FORMS
A................................................................................... Clean Air and Water Pollution Control Certification B........................................................................................................... Lobbying Restrictions Certification C.................................................................................................... Debarment and Suspension Certification D. Non-Collusion Affidavit
E. Workers’ Compensation Insurance Certificate
F. Equal Employment Opportunity Compliance Certificate
G. Debarment and Suspension Certification
H. PREVAILING WAGES CERTIFICATION
I. GUARANTEE
BIDDER’S LIST OF SUBCONTRACTORS ................................................................................................65 SAMPLE SITE PLAN………………………………………………………………………………………….……67 I. INTRODUCTION
A. Information
The City of Tulare is currently seeking a qualified company with experience in producing special events, concerts, and festivals (herein after referred to as “events”) to assist the City with year- round operations at Zumwalt Park. Specific services to be included in this project are production, marketing, talent acquisition, staffing, and food and beverage management.. It is acceptable for the company selected to either:

I. Serve as the promoter for events – responsible for directly hiring talent and producing the show; and/or
II. Marketing the venue to promoters and then each promoter is responsible for hiring talent and running the events they are promoting – consistent with the established requirements.

The objective is implementing a strong and detailed plan representing the variety of services necessary to produce, conduct, and execute quality events. The resulting plan should support all goals and necessities of the City’s events, with particular emphasis in the following areas:
• Acquiring talent and managing contracts
• Show production, including sound and lighting
• Marketing and advertisement
• Staffing and logistics management
• Food & beverage services management
• The City will maintain responsibility for traffic control and parking operations management.

The purpose is to create a venue and events that appeal to our citizens and attract visitors to Downtown Tulare that will stimulate economic impact to our downtown district. The plan would consist of an overall operations layout and budget which shows the company’s ability to execute this proposal and provide the City with high quality entertainment for our residents and business community, as well as attracting visitors to Tulare. The operations plan should identify short and long-term strategies and tactics for maximizing Zumwalt Park Amphitheater’s success and value to the City. Events should promote the City’s identity, build a sense of community, and establish Zumwalt Park as a unique and well-known venue for events and entertainment.

Statement of Qualifications (SOQs) and Proposals shall be submitted by companies (or joint ventures) that meet the minimum qualifications listed in Section I-C, “MINIMUM QUALIFICATIONS”, and have a capable and demonstrable background in the type of work described in Section II, “SCOPE OF SERVICES.” In addition, all interested companies shall demonstrate that they have sufficient, readily available resources in the form of trained personnel, support services, specialized consultants and financial resources to carry out the work without delay or shortcomings.

This RFP is being issued by the City of Tulare Community Services Department, Recreation Division. Unless otherwise directed, all communications regarding this RFP should be directed to:

Brian Beck, Recreation Manager
830 S. Blackstone Street
Tulare, CA 93274
Phone (559)684-4333
Fax: (559)685-2323
Email: [email protected]
In order to prevent misinterpretations, it is preferred that questions should be in written format via email.

Any revisions to the RFP will be issued and distributed as addenda. Companies are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this RFP. Failure to adhere to this policy may be grounds for rejection of proposals.

Any and all expenditures and financial commitments made by the successful firm after selection are subject to advance City approval in writing or they may not be reimbursed if the City does not elect to complete the project.

The City of Tulare will not be liable for costs incurred by the consulting company’s incidentals to the preparation of SOQs, proposals, or for developing and carrying out interview presentations, if required.

Submission of a proposal indicates acceptance by the company of the conditions contained in this RFP and the Fee Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Tulare and the company(s) selected.

One (1) unbound original and five (5) copies of the proposals are to be submitted to the Office of the City Clerk, location at 411 East Kern Avenue, Tulare, Ca 93274, on or before Wednesday, September 7, 2002, at 3:00p.m..

B. Overview
The operations management proposal for Zumwalt Park Amphitheater should convey the City’s assets and unique qualities in a way that is authentic, sustainable, and professional. It should describe who you are, your core values, what you do and why you do it. The goal is to engage our citizens, business community and visitors and give them a reason to choose Tulare and the Zumwalt Park Amphitheater as their entertainment destination.

The City desires a company with extensive experience in concert and overall event management to create entertaining, intimate, and memorable community experiences at Zumwalt Park. The chosen company will have the proven ability to manage a diverse range of events, and to understand long-term planning, fiscal management, and marketing practices which will attract customers from all over the region. Demonstrated experience working with a public agency or governmental entity is a plus. The City would have a preference for companies that currently manage at least one other theater or concert series.

The company will provide all services and be responsible for maintaining financially self-sustaining events whether producing all services in-house or outsourcing event-related logistics, marketing, promotion, or labor. The City expects the company to work independently; however, the City may consider involvement in some day-to-day operations, if necessary, and will participate directly with talent approvals and other areas, as needed. It is the intent of this RFP to identify a company that will independently organize and manage the overall operation of the Zumwalt Park Amphitheater year-round. The City reserves the right to have input on the overall strategy and may assist in targeted outreach, as necessary, to build a successful partnership. Successful operations will have clear and consistent communication with the City through a Citydesignated employee for all Zumwalt Park event operations. This coordinator will act as the main point of contact for operations and venue management, and for coordinating all City services: required permits, licenses, insurance and indemnification, as well as, coordination with other park activities, sound control, traffic/parking plans, surrounding community, event layout, and logistics.

C. Background
Tulare is located at the intersection of California State Highways 99 and 137, in the southern San Joaquin Valley. The City’s population is approximately 67,940, and the incorporated area covers approximately 20 square miles.

Zumwalt Park Amphitheater is owned and operated by the City of Tulare and is located in the Downtown District. This rapidly expanding is fast becoming the historic heart of Tulare and is transforming the area. The City of Tulare is in the process developing an amphitheater that sits on the Zumwalt Park property serving as a catalyst for future development.

The open-air covered stage will measure approximately 26 feet deep by 50 feet wide total area with minimum 24 feet deep by 32 feet wide available performance area. The stage orientation faces south. The Amphitheater can accommodate approximately 2,500 patrons with options for reserved or general admission lawn seating and events that encompass the entire park may support up to 5,000 patrons. Features include:
• Tiered grass seating
• Covered stage
• All utilities, including ample electrical supply
• Walkways and ramps, including ADA accessible walkways, ramps, and seating • Permanent restroom facilities (with space for additional temporary restroom facilities, if needed) • Green Room with all necessary amenities to support talent • Ticket booth
• ADA accessible parking
• Vendor and food truck area
D. Minimum Qualifications
• Three years of marketing and promoting similar type events.

E. Purpose of Request and Process for Selection
The City has recognized the value of a successful partnership to help produce these unique experiences. Regardless of the structure, the core purpose is the same: engage our citizens, businesses and visitors, and provide great entertainment, which brings the community together. Put simply, give them an experience they will remember while making Tulare an entertainment destination.

Based upon the criteria in the proposal, the selection committee will select a most qualified company(s) and attempt to negotiate an agreement. If such negotiations are not successful, the City may negotiate with the next most qualified company(s).

F. Time of Performance
The term of this contract shall commence of the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties.

G. Schedule
Event Date of Event
RFP for CONSULTANT Services Available July 27, 2022
All questions must be received by 3:00 p.m. August 24, 2022 Proposals due by 3:00 pm September 14, 2022
City Council Awards Consultant Services Contract Fall of 2022

SCOPE OF SERVICES – RFP
A. Company’s Responsibilities
The selected company will work independently to ensure operational accountability of the amphitheater while minimizing City involvement in event operations. The company will be responsible for the administration, financial management, marketing, sponsorships, contracting for venue event operations, production, support services, and coordination with City services.

B. Term
The City anticipates operations and management to begin January 1, 2024, or sooner, per execution of the contract terms with initial meetings to develop a timeline and strategy for achieving all requests and yearly event goals. The contract term will be for three (3) years with an opportunity for two (2) one-year extensions under the current contract. If a substantial investment is made, a longer period may be considered.

C. Administration
The selected company will coordinate a master calendar of events, bookings, rentals, and venue operations. It will determine all aspects of the venue set up and desired contract services. The company will produce a master plan for each event and submit it to the City Event Coordinator for compliance with pre-established parameters, coordination, and any additional approvals that may be necessary. Selected company will also be required to develop a transition plan for the assumption of booking and management duties to the City or its representative in the event on non-contract renewal. The company will be responsible for maintaining, keeping, and preserving the venue in good order and condition and performing all repairs necessary to keep the venue assets in operational condition. The City will allow the operator the first-right of refusal to produce and provide production for other amphitheater rentals. In addition, the operator and the City must coordinate with each other regarding City sponsored events.

Deliverables:
• Master calendar of events
• Sample Event Master Plan
• Sample Outline of Standard Operating Procedures
• Transition Plan
• Operational Maintenance Plan
• Develop positive community relationships and customer service D. Talent Acquisition
This entails the entirety of the booking process, such as vetting artists, defining the City’s target audience and identifying specific demographics that can be reached in our community. The company shall be responsible for contracting with, and making payment to, artists performing at each event, and shall pay all hard costs associated with providing backline for such artists’ performance, as well as any costs associated with artists’ rider or rider requirements. The City reserves the right of final approval on all talent and event content.

Deliverables:
• Talent Acquisition for each Event
• Opening acts for each show
• Proposed event strategies and resources to maximize event and venue utilization • Genres and entertainment variety proposal
E. Production
The company shall be responsible for the production of each event along with all financial obligations for same. The company shall be solely responsible for the production of the events including, but not limited to, the following:
• Providing sound and lighting equipment for each event suitable to accommodate live performances by artists • Hiring, directing, and paying all necessary staff and labor adequate for the operation of sound equipment before, during, and after each event
• Set-up and break-down periods associated with such events Deliverables:
• Qualified proposal for sound and lighting
• Example Sound & Lighting Plan
• List of proposed Sound & Lighting Contractors
• Sound & Lighting Contractor Qualifications
F. Marketing
The company shall create a marketing plan for the 2004 event season. The company shall be responsible for all advertisement and promotion of each event and will be responsible for including any and all City marketing elements required by contract. The company must ensure usage and message is active and diverse with the goal to fully realize the amphitheater’s economic potential. The company will actively market the venue to concert and event promoters while developing community programming as well. The company will be responsible for implementing a plan to engage both public and private entities, solicit event sponsorship, advertise the venue and pursue any other marketing opportunities.

Deliverables:
• List of media partners
• Example marketing plan addressing various production or events • Outline of marketing material
• Promotional package, media kit, or presentation for producers, agents, managers, artists • Detailed marketing plan for the 2024 season
G. Staffing/Venue Operations
The company will staff all operation and production aspects of the amphitheater. Staffing services include, but are not limited to, venue setup, tent setup, VIP area, sound monitoring, curfew management, ticketing, sales, fencing, signs, trash, janitorial, green room, gates, security, chair setup, and ushers.

Deliverables:
• Staffing plan that includes organizational chart highlighting key management and onsite personnel • Contracted proposal for any outside staffing assistance • Emergency Action Plan
• Security Staffing Proposal
H. Food and Beverage
The company will be tasked with managing and operating all aspects of food, beverage for events. The company will be tasked to contract with all food and beverage vendors, including alcohol, and comply with all applicable state and federal laws as well as City of Tulare policies.

Deliverables:
• Food service plan
• Beer and Wine service proposal or preferred contractor list.

BID PROPOSAL PAGE 11 OF 22
I. Financial Management
The company shall submit a financial management plan for City’s approval. The plan will include a five-year operational financial forecast, cash management, business controls and accounting procedures. Operations management will be required to provide periodic or frequent financial reporting. The company may recommend improvements or changes in venue use fees, ticket fees or surcharges, revenue sharing, performance guarantees, or any other potential revenue sources that will accrue to the financial benefit of the amphitheater or partnership.

The company will collect all fees up-front and finalize settlement with promoters/users, vendors, and contractors following each event. The company will be required to provide City a financial accounting of each event and provide any other documentation or terms pursuant to the agreement. • Submit an estimated pro forma for at least one calendar year • Sample outline of Box Office/Ticket Sales Plan
• Financial accountability and reporting on fiscal operations • Provide detailed proposed revenue structure
• Prepare monthly Operations Cost Analysis and provide any necessary reports • Submit annual reviewed financials
J. City Services
Selected company will work directly with City or act as a liaison with any contracted promoters to plan and coordinate with the City for event services including, but not limited to:
• Police
• Fire
• EMS
• Permits/Licenses
• Logistics – event set up/clean up
• Site control – barricades, gates
• Noise Control and Monitoring
• Traffic Control, including parking (City will maintain responsibility for parking and charging fees for parking) K. Additional Requirements
Additional requirements and Exceptions to RFP (Attachment A) to be discussed during company interview and selection process. Additional items to include, but not limited to, existing contracts and agreements, dates, policies, obligations, sponsorship, or any other areas which may directly or indirectly impact the execution of this proposal.

City will have the right to block out certain dates for annually recurring City events. The City will provide advance notice to book an agreed upon number of events per year.

The company agrees to follow all established City policies, MOU’s, and policies regarding park rules and use including, but not limited to the following:
• 11 p.m. sound curfew
• Sound monitoring and event volume not to exceed decibel level of 90 dB eq and 95 dB max, monitored at predetermined locations.
• A minimum of three (3) decibel readings to be required at each event. • All shows must follow established park rules regarding smoking.

BID PROPOSAL PAGE 12 OF 22
III. PROPOSAL CONTENT AND FORMAT REQUIREMENTS
Companies are requested to organize their responses into sections with tabs corresponding to the listed selection criteria as follows. Please answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
• Company name, address, telephone number and fax number. • Company Representative or other person to contact for clarification of any item contained in the proposal. Include email address and telephone and fax numbers if different from above. • Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
• Provide your Federal Tax ID Number and City of Tulare Business Tax Certificate Number. • Provide names of company’s owners / officers.
• Personnel of the Company’s Firm must be identified in the proposal with their background and the companymust give assurances of continuity of its personnel. A contact person needs to be identified. • Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation.
• References and Referrals
The envelope enclosing the separate, sealed proposal shall be plainly marked in the upper left-hand corner as follows:

City of Tulare, c/o City Clerk
Company’s Name
Company’s Address
RFP for Zumwalt Park Amphitheater
Deadline for Submittal: 3:00 p.m. Wednesday, September 14, 2022.

City Hall - City Clerk’s Office, 411 E. Kern Avenue, Tulare, CA 93274 B. Proposed Project Approach and Ability to Provide Requested Services • Summarize your approach and understanding of the project and any special considerations of which the CITY should be aware. Indicate clearly, the levels of participation you will expect from CITY staff in the fulfillment of the contract. The contents of this section shall be determined by the company, but should demonstrate an understanding of the special characteristics of the project. • Discuss your ability to provide desired services.

BID PROPOSAL PAGE 13 OF 22
In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience of each individual employee or subcontractor proposed for assignment to the project and their proposed roles for this contract. Note: Selected company may not substitute any member of the project team without prior written approval of the City.

2. Related Experience
Include descriptive information concerning the experience of the company. Include information about previous projects which are similar in nature, delivery method, budget variance and other appropriate information. Substantial weight is given to a firm’s ability to deliver projects on budget. Please demonstrate the firm’s ability to meet this goal.

D. Events Pro Forma
The City is providing the facility and expecting the company to submit a plan that indicates how the events will be paid for and what level of financial involvement (if any) is expected from the City.

E. Conflict of Interest
• Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.
• List current clients who may have a financial interest in the outcome of the project IV. COMPANY SELECTION PROCEDURE
Selection of the successful respondents shall be generally based on the information provided by the company in response to the RFP and any subsequent interviews that may be conducted.

The process for selection shall occur in the following sequence:
• Review Proposals
• Establish a “short list” of qualified companies.
• Identify best qualified company
• Negotiate a contract
• Recommend to contract award to City Council
A project Selection Committee, as deemed necessary, will be formed to evaluate proposal qualifications, interview short-listed firms, and to make a contract award recommendation to the Tulare City Council. This committee may consist of representatives of the Parks Division, Engineering & Project Management Division, Public Works Department, members of the community, and may include a representative knowledgeable in construction services from outside of the community. Composition and creation of this committee is at the sole discretion of the City.

Names of the Committee members will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP.

Company selection shall be based on the information provided in the proposals received in response to the RFP.

BID PROPOSAL PAGE 14 OF 22
A. Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a company to perform the contract as specified.
• Quality and completeness of the proposal.
• Company qualifications, demonstrated experience with similar projects, and references. • Project understanding.
• Project approach and ability to produce deliverables within anticipated timeline. • Responsiveness and ability to work closely with City of Tulare staff. • Ability to produce an exciting season that resonates with the region’s diverse audience. • Demonstrated knowledge of sustainable financial model and budget for event production.

Evaluation Procedure: The Selection Committee will review the proposals submitted and establish a list of finalists based on the pre-established review criteria. The individual or composite rating and evaluation forms prepared by the Selection Committee will not be revealed. The Selection Committee will review the proposals based on preestablished review criteria and determine the successful Company. Prior to the award of contract, the City must be assured that the company selected has all of the resources required to successfully perform under the contract.

This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the company’s ability to perform under the contract, if awarded, the City has the option of requesting from the company, any information that the City deems necessary to determine the company’s capabilities. If such information is required, the company will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each company which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the company consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The City reserves the right to reject any or all proposals, to waive any informality in any proposal, to sit and act as sole judge of the merit of each response submitted, to select a company, and to award in any manner which is more favorable to the City. After the selection of successful company(s), the City will negotiate contracts in substantial conformance to the sample professional services contract contained in Attachment ‘A’ reflecting the terms and conditions of the proposal plus the City's standard liability and insurance requirements. A Draft Agreement has been included in this RFP to alert companies to the provisions generally found in City contracts.

The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to company prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

V. GENERAL CONDITIONS
A. Important Notice
BID PROPOSAL PAGE 15 OF 22
The CITY will not be responsible for oral interpretations given by any City employee, representative, or others.

Companies are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this RFP, the City will attempt to notify all prospective companies who have secured same. However, it will be the responsibility of each company, prior to submitting their proposal, to contact the Parks Division, located at 830 S. Blackstone St., Tulare, CA 93274, (559) 684-4310, to determine if addendums were issued and to make such addendum a part of the proposal.

B. Contracting Agency
The contract resulting from this RFP will be administered by the City of Tulare Recreation Division of the Community Services Department.

C. Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not.

By submitting a proposal, Company certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulation applicable to contracts utilizing State and Federal Funds.

D. Permits and Licenses

1. Business License Certificate
Possession of a City of Tulare Business License is not required to submit a proposal in response to this RFP.

However, Consultant shall be required to possess, at his/her own expense, a valid and current City of Tulare Business License, prior to commencing work. For fee information, contact the City of Tulare Finance Department at (559) 684-4225.

2. Professional License
The company is to be licensed as required by state and local law. .

3. Permits
The company shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this RFP.

E. Insurance

1. Insurance
With respect to performance of work under this agreement, the Company shall maintain, and shall require all of its sub consultants to maintain, insurance as described below:
i) Commercial General Liability and Property Damage. The Company shall maintain insurance for protection against all claims arising from injury to person or persons not in the employ of the COMPANY and against all claims resulting from damage to any property due to any act or omission of the COMPANY, his agents, or employees in the operation of the work or the execution of this contract. Such insurance shall include products/completed operations liability, owners and Company’s protective, blanket contractual liability, personal injury liability, and broad form property damage coverage. The minimum shall be as follows:

Bodily Injury (Injury or Accidental Death) and
Property Damage (Per occurrence)
$2,000,000 Combined Single Limit.
ii) Commercial Automobile Public Liability and Property Damage. The Company shall maintain Automobile Public Liability and Property Damage Insurance for protection against all claims arising from BID PROPOSAL PAGE 16 OF 22
the use of vehicles, owned, hired and non-owned, or any other vehicle in the prosecution of the work included in this contract. Such insurance shall cover the use of automobiles and trucks on and off the site of the project. The minimum amounts of Automobile Public Liability and Property Damage Insurance shall be as follows:

Bodily Injury (Injury or Accidental Death) and
Property Damage (Per occurrence)
$1,000,000 Combined Single Limit.
iii) Professional Liability (Errors and Omissions). The Company shall maintain Professional Liability Insurance for protection against all claims arising out of professional error or omission with a limit of not less than $2,000,000.
iv) Workers' Compensation Insurance. The Company shall maintain Workers' Compensation Insurance with statutory limits and Employers Liability Insurance with limits of not less than $1,000,000 per accident.

Such insurance shall comply with all applicable state laws. The Company shall provide the City with a Certificate of Insurance showing proof of insurance acceptable to City. Certificates containing wording that releases the insurance company from liability for non-notification of cancellation of the insurance policy are not acceptable. Policies are to be endorsed to include a waiver of subrogation against the City, its officers, official’s agents and employees. The Company and its employees are independent and not employees of the City of Tulare. The company and/or its insurers are responsible for payment of any liability arising out of Worker's Compensation, unemployment or employee benefits offered to its employees.

The insuring provisions, insofar as they may be judged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. The City’s Risk Manager is hereby authorized to reduce the requirements set forth above in the event they determine that such reduction is in the City’s best interest.

2. Additional Insured
The General Liability and Auto Liability policy is to contain or be endorsed to name the City, its officers, appointed and elected officials, agents and employees as Additional Insured as respects the liability arising out of the activities performed in connection with this contract. The coverage shall (a) be primary with respect to any insurance or self-insurance programs maintained by the City; (b) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and (c) contain Standard Cross-liability provisions. Such additional insured endorsements maintained by the Company and its subcompanies shall not be required to provide coverage for City for the active negligence of City. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful company.

3. Indemnification
Indemnity for Professional Liability: When the law establishes a professional standard of care for Company’s Services, to the fullest extent permitted by law, Company shall indemnify, protect, defend, and hold harmless the City and any and all of its officials, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs, expenses, including legal counsel’s fees and costs but only to the extent the Company (and its Subcompanies) are responsible for such damages, liabilities and costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional on a comparative basis of fault between the Company (and its Subcompanies) and the City in the performance of professional services under this agreement. The Company shall not be obligated to defend or indemnify the City for the City’s own negligence or for the negligence of others.

The successful company acknowledges that he has fully informed himself of the contents and meaning of this hold harmless agreement and has so executed it with full knowledge thereof and that the terms are contractual and not a mere recital. These requirements shall also apply to any subcompany whose hazards are not covered by the Company’s insurance policies.

4. Deductibles and Self-Insured Retention
BID PROPOSAL PAGE 17 OF 22
Any deductibles or self-insured retention must be declared to, and approved by, the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officials, employees, agents and Companies; or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the City.

Separate endorsements are required, naming the City as additional insured, for liability insurance and providing a waiver of subrogation for Worker’s Compensation Insurance. The successful company shall maintain the insurance for the life of the contract. Said insurance shall contain a provision that coverage afforded under the policies will not be canceled unless and until thirty (30) days prior written notice has been given to the City.

Endorsements are to be received and approved by the City before work commences. Should the Company cease to have insurance as required during any time, all work by the Company pursuant to this agreement shall cease until insurance acceptable to the City is provided.

Original insurance certificates and endorsements are to be mailed or delivered to:

City of Tulare
Community Services Department
830 S. Blackstone Street
Tulare, CA 93274
In addition to any other remedies the City may have if the Company fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the contract; or

2. Order the Company to stop work under the contract and/or withhold any payment(s) which become due to the Company hereunder until the Company demonstrates compliance with the requirements hereof; or

3. Terminate the contract.

Exercise of any of the above remedies, however, is an alternative to other remedies the City may have and is not the exclusive remedy for the Company’s failure to maintain or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which the Company may be held responsible for payments of damages to persons or property resulting from the Company’s or its subcompany’s performance of the work covered under the contract.

VI. CONTRACT REQUIREMENTS
Before submitting a proposal, companies must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the CITY, upon which the company will rely.

The submission of a proposal shall be considered conclusive evidence that the company has carefully investigated all conditions that affect, or may at some future date, affect the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the company is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No company shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the company receives an award as a result of this RFP, failure to have made BID PROPOSAL PAGE 18 OF 22
such investigations and examinations will in no way relieve the company from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the company for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the company feel there has been a supplemental or oral modification, it shall be the company’s responsibility to verify said modification in writing prior to submission of the proposal. The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. WITHDRAWAL OF PROPOSALS
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Parks Division. The request shall be executed by the company or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the company to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. REJECTION OF PROPOSALS
Failure to meet the requirements of the RFP may be cause for rejection of the proposal. The City may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

C. EVALUATION/AWARD OF CONTRACT
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired.

Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. This committee may consist of representatives of the Parks Division, Engineering & Project Management Division, Public Works Department, members of the community, and may include a representative knowledgeable in construction services from outside of the community. Composition and creation of this committee is at the sole discretion of the City. In connection with its evaluation, the City may, at its option, invite one or more companies to make an oral presentation to the Selection Committee. During these interviews, the companies will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the proposals.

The City reserves the right to make the selection of a company based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the company to perform the services set forth herein.

The City reserves the right to reject any or all proposals; to waive any requirements, both the City's and those proposed by the company; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the company; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each company, so as to select the company which best serves the requirements of the City, thus ensuring that the best interest of the City will be served. The company’s past performance and the City's assurance that each company will provide service as proposed, will be taken into consideration when proposals are being evaluated.

BID PROPOSAL PAGE 19 OF 22
The City may make such investigation as it deems necessary to determine the ability of a company to furnish the required services, and the company will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such company fails to satisfy the City that such the company is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any company who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the company’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any company who is in default on the payment of taxes, licenses or other moneys due to the City of Tulare.

The award, if made, will be made within ninety (90) days from proposal closing date. The company agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. The company is an independent contractor, not an employee, agent, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should the company be awarded contract, proposer shall not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.

4. The company shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the company, its consultants, subconsultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. The company shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

6. The company warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the company, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract.

For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

D. PROPOSAL PRICING GUIDELINES
The company shall provide proposed fees and cost information as a part of this RFP. In regards to beer and wine, the City will support a company pursuing a license with the State of California for the sale of beer and wine but not liquor. However, the City may allow pre-mixed alcoholic beverages in accord with state licensing requirements. The City will not support “buy one get one free” or other types of alcohol discounts that are focused on increasing consumption
E. ASSIGNMENT OF CONTRACT
BID PROPOSAL PAGE 20 OF 22
No assignment by the company of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred.

F. TERMINATION OF CONTRACT
The nature of this services contract requires that the City and the company must work closely as a mutually supporting team without conflict. Also, the City may terminate this agreement at any time the City feels this working relationship has been impaired or should the City no longer have complete confidence and satisfaction in the quality and performance of services by the company. Therefore:

1. This contract may be terminated for convenience, without cause by the City, in whole or in part, by giving the company thirty (30) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. Should the contract be terminated for convenience, the company shall be paid for all authorized services provided, including reasonable charges for de-mobilization. However, the company shall not be paid any anticipated profit or fees for services not provided.

2. If the company shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement, the City may terminate the contract, in whole or in part.

3. Any assignment, subletting or transfer of the interest of the Company, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

After receipt of a notice of termination, except as otherwise directed, the company shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders for services, except as necessary for completion of such portion of the services not terminated; and settle all outstanding liabilities and claims.

In the event the City terminates this Agreement with or without cause, the City may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

Except with respect to defaults of sub companies, the Company shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the Company. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub consultant, the Company shall not be liable for failure to perform, unless the services to be furnished by the sub company were obtainable from other sources in sufficient time and within budgeted resources to permit the Company to meet the required delivery schedule or other performance requirements.

Should the Agreement be terminated with or without cause, the Company shall provide the City with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the Company pursuant to this Agreement.

Upon termination, with or without cause, the Company will be compensated for the services satisfactorily completed to the date of the termination according to compensation provisions contained herein. In no event shall the total compensation paid the Company exceed the total compensation agreed to herein.

If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the Company was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement were terminated without cause.

BID PROPOSAL PAGE 21 OF 22
Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

G. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the company of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

H. INDEPENDENT CONTRACTOR
In the performance of the services herein provided, the Company shall be, and is an independent contractor and is not an agent or employee of the City. The Company has and shall retain the right to exercise full control and supervision of all persons assisting the Company in the performance of said services hereunder. The Company shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

I. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, the company agrees to the following:

1. The company shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Tulare laws and ordinances related to employment practices.

2. The company shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the company.

The company agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. The company, in all solicitations or advertisements for employees, placed by, or on behalf of the company, shall state that the company is an Equal Opportunity Employer.

J. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

K. PROPRIETARY INFORMATION
The proposals received shall become the property of the City of Tulare and are subject to public disclosure.

Proposal prices and information submitted by companies will be made available to companies after City Council has approved award of contract. The companies are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the company as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under BID PROPOSAL PAGE 22 OF 22
the California Public Records Act or otherwise by law. The company who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

L. INCURRING COSTS
The City of Tulare is not liable for any cost incurred by companies in responding to this RFP. 0’ 10’ 20’ 40’ 60’
preferred conceptual design JUNE 6, 2022 SCALE 1” = 20’ Tule brush themed splash pad
Splash pad to pay homage to original pond in Zumwalt park long ago Formal central green
Stealth-ship-themed play

ZUMWALT PARK I

PLAYGROUND

FENCING
SPLASH
PAD

AMPHITHEATER
& STAGE

PARKING &

STAGING

AREA FOR

CONCERTS

SOUTH N STREET

M STREET

EAST KERN AVE
EAST TULARE AVE.

VIP BOOTHS
(E)

PAVILION
FLEX

GRASS AREA
(POTENTIAL

VIP AREA)
TURF
TURF

PAVERS/DECORATIVE

CONCRETE FOR FOOD TRUCK
& EVENT SPACE

LOADING AREA
(E) MATURE

TREE TO
REMAIN
(typ.)

TURF TERRACED SEATING
(4’TOTAL GRADE CHANGE)
(E) ZUMWALT

ANCHOR &

INTERPRETIVE

SIGNAGE
-4
-3
-2
-1
+0
RESTROOMS +

SPLASH PAD

MEP ROOM

ELECTRICAL

CONTROL

PARK SIGNAGE &

EVENT BANNER

DESIGNATED

SEATING
AREA

MAIN ENTRY GATE

FLEXIBLE

PLAZA SPACE
TURF
USS Zumwalt - play area inspiration
Exhibit A
1 ENGIE Services U.S.

Energizing City of Tulare
July 19, 2022
Introduction to ENGIE
Scope of Work
Preliminary Financial Analysis
Benefits of the Project
Project Roadmap
2 3
 48 years of experience  Strong local references:

County of Tulare, Tulare
Union High School
District, City of Dinuba,
Kings County and many
more
 Eight (8) offices in CA.

Project will be managed
out of Pasadena, CA
office
 Comprehensive Energy
Partner
 Experienced PR Team:  Press releases  Town hall meetings  Ribbon cutting events  Local project team and
local subcontractors
 Local, in-house
Operations and
Maintenance
capabilities
 More technical
resources than any
other company in
California
 Over 400 MW of solar
installed for CA public
entities
 In-house Wastewater Treatment Expertise  Largest independent installer of battery
storage systems in CA
 #1 independent producer of electricity in the world  173,000 employees  187-year company history
 Annual revenue of $62
billio
n
 Credit rating of A-/A2
Achieved 109% of
guaranteed savings
 Volume procurement
through vendor
competition
4 City of Atwater $8.7 million
City of Corcoran $10.8 million
City of Delano $3.4 million
City of Dinuba Phases 1 - 2 $12.1 million
City of Escalon $5.7 million
City of Firebaugh $4.2 million
City of Gustine $3.2 million
City of Lemoore Phases 1 - 3 $17.5 million
City of Madera $18.8 million
City of Mendota $3.9 million
City of Patterson $5.4 million
City of Waterford $1.9 million
County of Kings Phases 1 - 4 $27.4 million
County of Madera Phases 1 - 3 $21.9 million
County of Merced $11.7 million
County of Tulare Phases 1 - 3 $44.5 million
Central Unified School District $11.6 million
Escalon Unified School District $6.9 million
Gustine Unified School District $3.3 million
Lemoore Union High School District $3.0 million
Merced Union High School District $23.5 million
Tulare Union High School District $12.7 million
Wasco Union Elementary School District Phases 1-2 $8.7 million Fresno State University $12.0 million
Selma-Kingsburg-Fowler County Sanitation District $9.8 million Indian Wells Valley Water District Phases 1-2 $7.6 million 5 City of Alhambra City of Dublin City of La Habra City of Mendota City of Saint Helena City of American Canyon City of Escalon City of La Puente City of Millbrae City of San Jacinto City of Atwater City of Firebaugh City of Lakeport City of Moreno Valley City of San Jose City of Benicia City of Fremont City of Lemoore City of Milpitas City of Simi Valley City of Brea City of Garden Grove City of Livermore City of Palm Springs City of Solona Beach City of Buellton City of Gonzales City of Lomita City of Patterson City of South Gate City of Concord City of Grass Valley City of Lompoc City of Pismo Beach City of Union City City of Delano City of Gustine City of Marysville City of Port Hueneme City of Waterford City of Dinuba City of Greenfield City of Madera City of Richmond City of Yuba City Building LED Lighting
Parks LED Lighting
Sports Field LED Lighting
HVAC Units Replacement
Solar Projects
New Parking Lot at City Hall
Well Pumps VFDs
Battery Energy Storage System for WWTP
Automatic Source Transfer Switch at WWTP
6 Interior and Exterior
7 Interior: Replace older generation fluorescent
lamps and ballasts with new, more efficient,
longer lasting LED lamps and kits
Install lighting sensors
Exterior: Replace old HID fixtures with new
LED fixtures and kits
Locations: WWTP, Police Department, Senior
Center, City Hall, Courthouse, Youth Center,
Community Center, Fire Stations #61, #62, #63
Benefits:

Latest technology
Savings in energy cost
Longer life for new LED lamps
Substantial reduction in maintenance cost
Exterior
8 Retrofit or replace old exterior HID fixtures
in parking lots, pathways, tennis courts,
and building exterior with new LED fixtures
and kits
Locations: Bender Park, Blain Park, Del
Lago Park, Prosperity Sports Park, Elk
Bayou Soccer Complex, Live Oak Park,
Cypress Park, Skate Park, Centennial
Park, and Santa Fe Trail
Benefits:

New LED lighting for recreation activities
Energy savings
Reduction in maintenance cost
Longer life for new LED lamps
Retrofits & New
9 Retrofit existing poles with new LED fixtures
at five parks
Prosperity Sports Park
Elk Bayou Soccer Complex
Live Oak Park
Cypress Park
Rotary Skate Park
Remove five old poles and install four new
poles with new LED fixtures at Centennial
Park
Benefits:

Scheduling and controllability
Instant on/off – no delay for lights to come
back on if a shut down occurs
Energy savings
Reduction in maintenance cost
Scope of Work
10 Number of
Poles
Total
Number of
Lamps
Lamp
Wattage
Each
Number of
Poles
Total
Number of
Lamps
Lamp
Wattage
Each
Elk Bayou Soccer Complex 10 166 1,605 10 133 1,200
Prosperity Sports Park 18 136 1,605 18 114 1,200
Live Oak Park 14 109 1,605 14 93 1,200
Centennial Park 5 23 1,605 4 21 1,200
Cypress Park 5 26 1,605 5 21 1,200
Rotary Skate Park 7 18 1,605 7 18 1,200
Total 59 478 58 400
Existing Fixtures Proposed Fixtures
Site Name
Upgrade and replace aging HVAC mechanical
equipment to improve reliability, efficiency and
indoor air quality
Remove, recycle, and replace all antiquated R-22
refrigerant to environmentally friendly R-410a
Benefits:

Reduces energy cost
Reduces maintenance cost
Planned replacement vs. emergency breakdown
11 Site Name Number of Units Tons
Police Department 5 23
Senior Center 2 30
City Hall 18 71
Youth Center 3 9
Fire Station #61 2 6
Fire Station #63 3 10
Activity Center 1 4
Community Center 5 24
Total 39 177
Recommendation:

Solar PV scope includes 340 kW across 3 sites
Benefits:

Shade for parking
Hedges against rising energy costs
Reduces greenhouse gas emissions
12 Site Name System Type System Size (kW)
Library Parking Canopy 174
Senior Center Parking Canopy 58
City Hall Parking Canopy 108
Total 340
13 14
15 16
Remove existing asphalt, baserock, and native material to a depth of 12 inches
Pave new structural sections of 3” of asphalt over 9” of aggregate base and 6” of compacted native soil
Grade and compact existing subgrade
Asphalt paving includes paving the improvement areas with 3 inches of hot mix asphalt
Stripes, signs, & wheel stops include the application of a onecoat temp stripe Final two-coat parking lot stripe and ADA signage is included as one final mobilization
Benefits:

Paid out of project savings
Eliminates administrative time for bidding project
17 Install VFDs for the following wells:

Benefits:

Optimal energy savings with VFD rpm modulation
Reduced on/off cycling of pumps
Soft-start
Improved pump efficiency
Reduced maintenance cost
Well Number Address hp
Well 12 25704 Plant WL 12 150
Well 14 4789 S K ST WL 14 125
Well 17 46985 Plant PMP 200
Well 27 M-ST N/O Garfield WL 27 200
Well 31 40210 Plant WL 31 75
Well 37 550 S Mooney Blvd, Well 37 200
Well 38 42068 Plant Well 38 200
Well 39 1600 Corvina Well 39 125
Well 40 43196 Plant WL 40 200
18 Install a 1,285 kW/2,570 kWh Battery Energy
Storage System utilizing Lithium-Ion Batteries
Benefits:

Peak demand shaving
Energy arbitrage
Demand response
Battery storage incentive of $771,000 through the Self
Generation Incentive Program
Existing & Proposed
Existing Electrical Switchgear
WWTP has two electrical meters for utility
billing on site
Domestic meter has large load and
demand
Industrial meter has small load and
demand because it is offset by the fuel cell
power generation
City is not capturing full value of fuel cell
generation with existing electrical metering
configuration
19 Proposed Electrical Switchgear
Install a “Source Transfer Switch” to
transfer Domestic meter load from (ER #2,
#3, #4, #6) over to Industrial meter load
(12 kV service)
This prevents or reduces exporting fuel
cell power into electrical grid
City receives maximum utility bill savings
using fuel cell power generation on-site
During maintenance or repair of fuel cell,
loads (ER #2, #3, #4, #6) will be
automatically transferred back to Domestic
meter
Benefits:

Huge increase in value of fuel cell
generation currently exported to SCE
Annual savings in excess of $0.5 million
Single Line Diagram
20 (N) = New
(E) = Existing
Install approx. 770 new solar streetlights throughout the City  Based off map provided by City of Tulare identifying “dark” streets  Existing poles spaced ~400 ft. apart and at main intersections  New poles will be placed ~125 ft./150 ft. apart
Benefits:
 Improves public safety for the community
 Improves visibility and illuminates the area
 Reduces accidents
 No operating cost
 20-year guaranteed life
 Expedited installation vs. waiting for utility
21 City of Buellton
Solar Streetlights
22 Project Cost $15,564,450
City Contribution $0
Amount to be Financed $15,564,450
Finance Term 20
Annual Interest Rate 3.00%
Annual Escalation of Electricity Cost 5.00%
Annual Escalation of O&M Cost 3.00%
Annual Degradation of Solar Panels 0.50%
Year
Solar
Energy
Savings
Energy
Efficiency
Savings
Battery
Storage
Savings
Source
Transfer
Savings
Incentive
Projected
O&M
Savings
Total
Program
Savings
Lease
Payment
Solar
Operations &
Maintenance
Cost
Total
Program
Costs
Net Savings
Year 1 $113,603 $306,590 $202,949 $568,729 $385,500 $138,238 $1,715,608 $665,137 $6,800 $671,937 $1,043,672 Year 2 $118,686 $321,919 $213,097 $597,166 $77,100 $142,385 $1,470,353 $419,677 $7,004 $426,681 $1,043,672 Year 3 $123,998 $338,015 $223,752 $627,024 $77,100 $146,656 $1,536,544 $485,659 $7,214 $492,873 $1,043,672 Year 4 $129,547 $354,916 $234,939 $658,375 $77,100 $151,056 $1,605,933 $554,830 $7,431 $562,261 $1,043,672 Year 5 $135,344 $372,662 $246,686 $691,294 $77,100 $155,588 $1,678,673 $627,348 $7,653 $635,001 $1,043,672 Year 6 $141,400 $391,295 $259,020 $725,858 $77,100 $160,255 $1,754,929 $703,375 $7,883 $711,258 $1,043,672 Year 7 $147,728 $410,859 $271,971 $762,151 $0 $165,063 $1,757,773 $705,982 $8,120 $714,102 $1,043,672 Year 8 $154,339 $431,402 $285,570 $800,259 $0 $170,015 $1,841,585 $789,550 $8,363 $797,913 $1,043,672 Year 9 $161,246 $452,972 $299,849 $840,272 $0 $175,115 $1,929,454 $877,168 $8,614 $885,782 $1,043,672 Year 10 $168,461 $475,621 $314,841 $882,285 $0 $180,369 $2,021,578 $969,034 $8,872 $977,906 $1,043,672 Year 11 $176,000 $499,402 $330,583 $926,400 $0 $185,780 $2,118,165 $1,065,354 $9,139 $1,074,493 $1,043,672 Year 12 $183,876 $524,372 $347,112 $972,720 $0 $191,353 $2,219,433 $1,166,349 $9,413 $1,175,762 $1,043,672 Year 13 $192,104 $550,591 $364,468 $1,021,356 $0 $197,094 $2,325,613 $1,272,246 $9,695 $1,281,941 $1,043,672 Year 14 $200,701 $578,120 $382,691 $1,072,423 $0 $203,007 $2,436,943 $1,383,285 $9,986 $1,393,271 $1,043,672 Year 15 $209,682 $607,026 $401,826 $1,126,045 $0 $209,097 $2,553,676 $1,499,719 $10,286 $1,510,005 $1,043,672 Year 16 $219,066 $637,378 $421,917 $1,182,347 $0 $215,370 $2,676,077 $1,621,811 $10,594 $1,632,406 $1,043,672 Year 17 $228,869 $669,247 $443,013 $1,241,464 $0 $221,831 $2,804,424 $1,749,840 $10,912 $1,760,752 $1,043,672 Year 18 $239,111 $702,709 $465,164 $1,303,537 $0 $228,486 $2,939,007 $1,884,096 $11,239 $1,895,335 $1,043,672 Year 19 $249,811 $737,844 $488,422 $1,368,714 $0 $235,340 $3,080,132 $2,024,884 $11,577 $2,036,460 $1,043,672 Year 20 $260,990 $774,737 $512,843 $1,437,150 $0 $242,401 $3,228,120 $2,172,525 $11,924 $2,184,448 $1,043,672 Year 21 $272,669 $0 $0 $0 $0 $0 $272,669 $0 $12,282 $12,282 $260,388 Year 22 $284,871 $0 $0 $0 $0 $0 $284,871 $0 $12,650 $12,650 $272,221 Year 23 $297,619 $0 $0 $0 $0 $0 $297,619 $0 $13,030 $13,030 $284,590 Year 24 $310,938 $0 $0 $0 $0 $0 $310,938 $0 $13,420 $13,420 $297,517 Year 25 $324,852 $0 $0 $0 $0 $0 $324,852 $0 $13,823 $13,823 $311,029 Year 26 $339,389 $0 $0 $0 $0 $0 $339,389 $0 $14,238 $14,238 $325,152 Year 27 $354,577 $0 $0 $0 $0 $0 $354,577 $0 $14,665 $14,665 $339,912 Year 28 $370,444 $0 $0 $0 $0 $0 $370,444 $0 $15,105 $15,105 $355,340 Year 29 $387,022 $0 $0 $0 $0 $0 $387,022 $0 $15,558 $15,558 $371,464 Year 30 $404,341 $0 $0 $0 $0 $0 $404,341 $0 $16,025 $16,025 $388,316 Totals $6,901,284 $10,137,677 $6,710,712 $18,805,569 $771,000 $3,714,499 $47,040,741 $22,637,868 $323,513 $22,961,381 $24,079,361 23 Project Cost $8,914,322
City Contribution $0
Amount to be Financed $8,914,322
Finance Term 20
Annual Interest Rate 3.00%
Annual Escalation of Electricity Cost 5.00%
Annual Escalation of O&M Cost 3.00%
Annual Degradation of Solar Panels 0.50%
Year
Solar
Energy
Savings
Energy
Efficiency
Savings
Battery
Storage
Savings
Source
Transfer
Savings
Incentive
Projected
O&M
Savings
Total
Program
Savings
Lease
Payment
Solar
Operations &
Maintenance
Cost
Total
Program
Costs
Net Savings
Year 1 $113,603 $177,974 $0 $0 $0 $125,986 $417,564 $403,540 $6,800 $410,340 $7,224 Year 2 $118,686 $186,873 $0 $0 $0 $129,766 $435,326 $421,098 $7,004 $428,102 $7,224 Year 3 $123,998 $196,217 $0 $0 $0 $133,659 $453,874 $439,435 $7,214 $446,650 $7,224 Year 4 $129,547 $206,028 $0 $0 $0 $137,669 $473,243 $458,589 $7,431 $466,019 $7,224 Year 5 $135,344 $216,329 $0 $0 $0 $141,799 $493,472 $478,594 $7,653 $486,248 $7,224 Year 6 $141,400 $227,146 $0 $0 $0 $146,053 $514,599 $499,492 $7,883 $507,375 $7,224 Year 7 $147,728 $238,503 $0 $0 $0 $150,434 $536,665 $521,322 $8,120 $529,441 $7,224 Year 8 $154,339 $250,428 $0 $0 $0 $154,947 $559,714 $544,127 $8,363 $552,490 $7,224 Year 9 $161,246 $262,949 $0 $0 $0 $159,596 $583,791 $567,953 $8,614 $576,567 $7,224 Year 10 $168,461 $276,097 $0 $0 $0 $164,384 $608,942 $592,845 $8,872 $601,718 $7,224 Year 11 $176,000 $289,902 $0 $0 $0 $169,315 $635,217 $618,854 $9,139 $627,993 $7,224 Year 12 $183,876 $304,397 $0 $0 $0 $174,395 $662,667 $646,031 $9,413 $655,443 $7,224 Year 13 $192,104 $319,617 $0 $0 $0 $179,627 $691,347 $674,428 $9,695 $684,124 $7,224 Year 14 $200,701 $335,597 $0 $0 $0 $185,015 $721,314 $704,104 $9,986 $714,090 $7,224 Year 15 $209,682 $352,377 $0 $0 $0 $190,566 $752,625 $735,116 $10,286 $745,402 $7,224 Year 16 $219,066 $369,996 $0 $0 $0 $196,283 $785,345 $767,526 $10,594 $778,121 $7,224 Year 17 $228,869 $388,496 $0 $0 $0 $202,171 $819,536 $801,400 $10,912 $812,312 $7,224 Year 18 $239,111 $407,921 $0 $0 $0 $208,236 $855,268 $836,805 $11,239 $848,044 $7,224 Year 19 $249,811 $428,317 $0 $0 $0 $214,483 $892,611 $873,811 $11,577 $885,387 $7,224 Year 20 $260,990 $449,733 $0 $0 $0 $220,918 $931,641 $912,493 $11,924 $924,417 $7,224 Year 21 $272,669 $0 $0 $0 $0 $0 $272,669 $0 $12,282 $12,282 $260,388 Year 22 $284,871 $0 $0 $0 $0 $0 $284,871 $0 $12,650 $12,650 $272,221 Year 23 $297,619 $0 $0 $0 $0 $0 $297,619 $0 $13,030 $13,030 $284,590 Year 24 $310,938 $0 $0 $0 $0 $0 $310,938 $0 $13,420 $13,420 $297,517 Year 25 $324,852 $0 $0 $0 $0 $0 $324,852 $0 $13,823 $13,823 $311,029 Year 26 $339,389 $0 $0 $0 $0 $0 $339,389 $0 $14,238 $14,238 $325,152 Year 27 $354,577 $0 $0 $0 $0 $0 $354,577 $0 $14,665 $14,665 $339,912 Year 28 $370,444 $0 $0 $0 $0 $0 $370,444 $0 $15,105 $15,105 $355,340 Year 29 $387,022 $0 $0 $0 $0 $0 $387,022 $0 $15,558 $15,558 $371,464 Year 30 $404,341 $0 $0 $0 $0 $0 $404,341 $0 $16,025 $16,025 $388,316 Totals $6,901,284 $5,884,896 $0 $0 $0 $3,385,303 $16,171,483 $12,497,562 $323,513 $12,821,075 $3,350,408 24 Project Cost $1,225,128
City Contribution $0
Amount to be Financed $1,225,128
Finance Term 20
Annual Interest Rate 3.00%
Annual Escalation of Electricity Cost 5.00%
Annual Escalation of O&M Cost 3.00%
Annual Degradation of Solar Panels 0.50%
Year
Solar
Energy
Savings
Energy
Efficiency
Savings
Battery
Storage
Savings
Source
Transfer
Savings
Incentive
Projected
O&M
Savings
Total
Program
Savings
Lease
Payment
Solar
Operations &
Maintenance
Cost
Total
Program
Costs
Net Savings
Year 1 $0 $128,615 $0 $0 $0 $12,251 $140,866 $4,471 $0 $4,471 $136,395 Year 2 $0 $135,046 $0 $0 $0 $12,619 $147,665 $11,270 $0 $11,270 $136,395 Year 3 $0 $141,798 $0 $0 $0 $12,997 $154,796 $18,401 $0 $18,401 $136,395 Year 4 $0 $148,888 $0 $0 $0 $13,387 $162,275 $25,880 $0 $25,880 $136,395 Year 5 $0 $156,332 $0 $0 $0 $13,789 $170,121 $33,726 $0 $33,726 $136,395 Year 6 $0 $164,149 $0 $0 $0 $14,203 $178,352 $41,957 $0 $41,957 $136,395 Year 7 $0 $172,357 $0 $0 $0 $14,629 $186,985 $50,590 $0 $50,590 $136,395 Year 8 $0 $180,974 $0 $0 $0 $15,068 $196,042 $59,647 $0 $59,647 $136,395 Year 9 $0 $190,023 $0 $0 $0 $15,520 $205,543 $69,148 $0 $69,148 $136,395 Year 10 $0 $199,524 $0 $0 $0 $15,985 $215,509 $79,114 $0 $79,114 $136,395 Year 11 $0 $209,500 $0 $0 $0 $16,465 $225,965 $89,570 $0 $89,570 $136,395 Year 12 $0 $219,975 $0 $0 $0 $16,959 $236,934 $100,539 $0 $100,539 $136,395 Year 13 $0 $230,974 $0 $0 $0 $17,467 $248,442 $112,047 $0 $112,047 $136,395 Year 14 $0 $242,523 $0 $0 $0 $17,991 $260,514 $124,119 $0 $124,119 $136,395 Year 15 $0 $254,649 $0 $0 $0 $18,531 $273,180 $136,785 $0 $136,785 $136,395 Year 16 $0 $267,382 $0 $0 $0 $19,087 $286,469 $150,074 $0 $150,074 $136,395 Year 17 $0 $280,751 $0 $0 $0 $19,660 $300,410 $164,015 $0 $164,015 $136,395 Year 18 $0 $294,788 $0 $0 $0 $20,249 $315,038 $178,643 $0 $178,643 $136,395 Year 19 $0 $309,528 $0 $0 $0 $20,857 $330,385 $193,990 $0 $193,990 $136,395 Year 20 $0 $325,004 $0 $0 $0 $21,483 $346,487 $210,092 $0 $210,092 $136,395 Year 21 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 22 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 23 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 24 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 25 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 26 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 27 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 28 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 29 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 30 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Totals $0 $4,252,781 $0 $0 $0 $329,196 $4,581,977 $1,854,077 $0 $1,854,077 $2,727,900 25 Project Cost $5,425,000
City Contribution $0
Amount to be Financed $5,425,000
Finance Term 20
Annual Interest Rate 3.00%
Annual Escalation of Electricity Cost 5.00%
Annual Escalation of O&M Cost 3.00%
Annual Degradation of Solar Panels 0.50%
Year
Solar
Energy
Savings
Energy
Efficiency
Savings
Battery
Storage
Savings
Source
Transfer
Savings
Incentive
Projected
O&M
Savings
Total
Program
Savings
Lease
Payment
Solar
Operations &
Maintenance
Cost
Total
Program
Costs
Net Savings
Year 1 $0 $0 $202,949 $568,729 $385,500 $0 $1,157,178 $257,126 $0 $257,126 $900,053 Year 2 $0 $0 $213,097 $597,166 $77,100 $0 $887,362 -$12,690 $0 -$12,690 $900,053 Year 3 $0 $0 $223,752 $627,024 $77,100 $0 $927,875 $27,823 $0 $27,823 $900,053 Year 4 $0 $0 $234,939 $658,375 $77,100 $0 $970,414 $70,362 $0 $70,362 $900,053 Year 5 $0 $0 $246,686 $691,294 $77,100 $0 $1,015,080 $115,027 $0 $115,027 $900,053 Year 6 $0 $0 $259,020 $725,858 $77,100 $0 $1,061,979 $161,926 $0 $161,926 $900,053 Year 7 $0 $0 $271,971 $762,151 $0 $0 $1,034,123 $134,070 $0 $134,070 $900,053 Year 8 $0 $0 $285,570 $800,259 $0 $0 $1,085,829 $185,776 $0 $185,776 $900,053 Year 9 $0 $0 $299,849 $840,272 $0 $0 $1,140,120 $240,068 $0 $240,068 $900,053 Year 10 $0 $0 $314,841 $882,285 $0 $0 $1,197,126 $297,074 $0 $297,074 $900,053 Year 11 $0 $0 $330,583 $926,400 $0 $0 $1,256,983 $356,930 $0 $356,930 $900,053 Year 12 $0 $0 $347,112 $972,720 $0 $0 $1,319,832 $419,779 $0 $419,779 $900,053 Year 13 $0 $0 $364,468 $1,021,356 $0 $0 $1,385,823 $485,771 $0 $485,771 $900,053 Year 14 $0 $0 $382,691 $1,072,423 $0 $0 $1,455,115 $555,062 $0 $555,062 $900,053 Year 15 $0 $0 $401,826 $1,126,045 $0 $0 $1,527,870 $627,818 $0 $627,818 $900,053 Year 16 $0 $0 $421,917 $1,182,347 $0 $0 $1,604,264 $704,211 $0 $704,211 $900,053 Year 17 $0 $0 $443,013 $1,241,464 $0 $0 $1,684,477 $784,424 $0 $784,424 $900,053 Year 18 $0 $0 $465,164 $1,303,537 $0 $0 $1,768,701 $868,648 $0 $868,648 $900,053 Year 19 $0 $0 $488,422 $1,368,714 $0 $0 $1,857,136 $957,083 $0 $957,083 $900,053 Year 20 $0 $0 $512,843 $1,437,150 $0 $0 $1,949,993 $1,049,940 $0 $1,049,940 $900,053 Year 21 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 22 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 23 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 24 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 25 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 26 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 27 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 28 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 29 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Year 30 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Totals $0 $0 $6,710,712 $18,805,569 $771,000 $0 $26,287,281 $8,286,229 $0 $8,286,229 $18,001,053 26  Make a local impact within the community of Tulare  As an example:
 Non-profit contributions to the City of Atwater, City of Buellton, City of Escalon, City of Mendota, City of Gustine and City of Firebaugh
 Go-Green Initiative Program with the City of Madera
 Support summer park programs
 Support local events
27 Proposed Decision by CPUC on December 13, 2021
Proposed Decision will reduce solar savings by 50-75%
We expect CPUC Final Decision by September 2022
Customers will have until end of 2022 to apply for interconnection to grandfather into current savings for a 20-year term
 Address critical equipment needs by
upgrading HVAC units using
project savings
 Provide new parking lot paid out
of project savings
 Significant labor savings
 ENGIE guarantees 90% of the
energy savings
 Save administrative time by
accomplishing multiple projects
simultaneously
 Stimulate local economy and
provide local jobs
 Support Tulare community through
community impact program
 Create over $24 million in net
savings after paying for all costs
over the life of the program
 Reduce City’s electricity spend
by approx. 40%
 Provide a hedge against rising
electricity costs expected to
increase substantially
 Better quality lighting in sports
fields for the community paid
out of project savings
 Stabilize water and sewer rates
by decreasing cost of operations
 Provide shaded parking
Carbon emissions
reduction equivalent
of removing 375 cars
off the road annually
28 o Feasibility Study
May 19, 2022
o Energy Program Development
July 2022 – November 2022
o Tentative Staff and Council
Approval of the Project
December 2022 – January 2023
o Implementation
February 2023 – August 2024
o Celebratory Ribbon Cutting
September 2024
29 Ashu Jain, PE
Senior Manager
[email protected]
(714) 473-7837
Jeff Woldhuis, PE
Project Management Director
[email protected]
(909) 992-8570
Adam Davis
Project Development Manager
[email protected]
(310) 999-7171
30 ENGIE Services U.S.
150 E Colorado Blvd., Suite 360
Pasadena, CA 91105
Harb Sidhu, PE
Senior Engineer
[email protected]
(626) 993-4976
Jonathan Garcia
Lighting Installation Advisor
[email protected]
(661) 607-6355
Rylan Arimoto
Project Engineer
[email protected]
(808) 600-4095

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution confirming the diagram and landscape maintenance assessments and levying assessments for fiscal year 2022-23; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.

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

Each year City Council is required to set landscape maintenance assessments for the upcoming fiscal year. On June 21, 2022, Council adopted Resolution of Intention 2022-26 setting July 19, 2022 as the public hearing date to adopt landscape maintenance assessments for fiscal year 2022-23, and directing the City Engineer to file the required Engineers Report with the City Clerk.

The public hearing will allow for property owners within each of the twenty-six landscape districts to comment on the proposed Fiscal Year 22-23 assessment for their district. The proposed assessments compare to the prior fiscal year as follows:
• two districts are proposed to decrease,
• sixteen districts are proposed to increase,
• four districts would experience no change from the prior year, • two districts will be assessed for the first time, and • two districts have not yet completed any improvements requiring maintenance, and therefore do not have any proposed assessments.

STAFF RECOMMENDATION:

AGENDA ITEM: Public Hearing 1
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: Michael Miller Title: City Engineer
Date: July 8, 2022 City Manager Approval: ____________
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

CONFIRMING DIAGRAM AND LEVYING ASSESSMENT FOR
FISCAL YEAR 2022-23

LANDSCAPE ASSESSMENT DISTRICTS
(Pursuant to the Landscape and Lighting Act of 1972)
BE IT RESOLVED by the Council of the City of Tulare, as follows, to wit:

Section 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed Michael Miller, City Engineer of Work for Assessment Districts has prepared and filed a report for fiscal year 2022-23.

Section 2. The City Engineer of work filed his annual report on June 21, 2022, the City Council adopted its resolution of intention to levy and collect assessments within assessment districts for fiscal year 2022-23 and set a public hearing for July 19, 2022, in the City Council Chambers, 491 North M Street, Tulare, California. Notice of the hearing was given in the time and manner required by law.

Section 3. At the public hearing, the Council of the City of Tulare afforded to every interested person an opportunity to make a protest to the report either in writing or orally, and has considered each protest.

Section 4. Assessments for fiscal year 2022-23 are hereby set for the following landscape maintenance districts:
89-01 North Oaks Estates $ 110.00
89-02 The Grove Subdivision
Single-family lots $ 291.00
Single-family 1 ½ size lots (lot mergers) $ 437.00
Single-family double size lots (lot line adjustments) $ 582.00 90-01 Southgate Villa No. 11
Single-family lots $ 190.00
Multi-family lots $ 570.00
91-01 Westwood Village Estates $ 94.00
93-01 Sunrise Estates $ 96.00
2000-01 Del Lago Subdivisions
Single-family lots $ 336.00
Single-family double size lots (lot merger) $ 672.00
2001-01 Autumn Glen Subdivision $ 50.00
2003-01 Shadow Wood and Majestic Subdivisions $ 60.00
2003-02 Kaweah Estates $ 42.00
RESOLUTION 2022-XX Page 2
2005-01 Academy Estates $ 128.00
2005-02 Palm Ranch, Woodbridge, and Cambridge $ 171.00
Subdivisions
2005-03 Admiral Estates, Gail Estates, and $ 207.00
Heritage North Subdivisions
2005-04 Valley Estates, Montecito, and $ 114.00
Sherwood North Subdivisions
2005-05 Rancho Ventura Inactive
2005-06 The Greens Subdivision
Single-family lots $ 177.00
Single-family double size lots (lot merger) $ 354.00
2005-07 Westgate Estates $ 145.00
2005-08 California Ranchos and Cambridge Estates
Single-family lots $ 166.00
Single-family double size lots (lot merger) $ 332.00
2007-01 Goble Court Subdivision
Single-family lots $ 113.00
2010-01 Sycamore $ 185.00
2016-01 Sierra Vista No. 2
Single-family lots $ 174.00
Single-family double size lots (lot merger) $ 348.00
2018-01 Willow Glen and Kensington Estates $ 336.00
2018-02 The Greens at Oak Creek and Oak Creek #’s 2 - 4 Single-family lots $ 185.00
Multi-family lot (Oak Creek #2) $ 2,775.00
Multi-family lots (Oak Creek #3) $ 234.00
Multi-family lots (Oak Creek #4) $ 278.00
2020-01 Farrar Estates $ 273.00
2021-01 Oakcrest $ 190.00
2021-02 Liberty Hill $ 0.00
2022-01 Fernjo Estates $ 0.00
Section 5. The Council of the City of Tulare hereby confirms that the assessment set forth in the Engineer’s report is made without regard to property valuation and are in compliance with California Code.

Section 6. The Council of the City of Tulare hereby confirms the diagram and assessment as set forth in the Engineer’s Report and hereby levies the assessment set forth therein for fiscal year 2022-23, pursuant to Section 22631 of the Streets and Highways Code.

RESOLUTION 2022-XX Page 3
PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

President of the Council and Ex-Officio
Mayor of the City of Tulare
RESOLUTION 2022-XX Page 4
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Community & Economic Development For Council Meeting of: July 19, 2022
Documents Attached: ☒Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution adopting a Mitigated Negative Declaration prepared Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745; adopt a resolution approving General Plan Amendment No. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial, and pass to print an Ordinance approving Zone Amendment No. 745, to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation.

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

This is a request by Derrel’s Mini Storage to expand the existing Derrel’s Mini Storage facility located at 990 N. Mooney Blvd. on the east side of Mooney Blvd. at Cross Avenue. The proposed expansion would provide additional mini-storage space as well as covered RV parking on an approximately 12.38-acre site that is currently undeveloped.

The current zoning designation is C-3 (Retail Commercial). The applicant proposes to amend the zoning designation to allow for the expansion of an existing mini-storage development. The Zone Amendment is a request to change the existing zoning designation to C-4 (Service Commercial). Per chapter 10.40 “storage buildings, mini-storage” is not permitted in the C-3 zone and is a conditional use in the C-4 zone.

At the time of the preparation of this staff report, no comments have been received in response to the Notice of Public Hearing or the Notice of Intent to Adopt published for the project.

AGENDA ITEM: Public Hearing 2
STAFF RECOMMENDATION:

1. Adopt a resolution adopting a Mitigated Negative Declaration prepared for Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01, and Zone Amendment No. 745.

2. Adopt a resolution approving General Plan Amendment No. 2021-01 changing the General Plan land use designation on approximately 12.38 acres from Community Commercial to Service Commercial.

3. Pass to print an ordinance approving Zone Amendment No. 745, to change the existing zoning designation on approximately 12.38 acres from C-3 (Retail Commercial) to the C-4 (Service Commercial) zoning designation.

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: Steven Sopp Title: Principal Planner
Date: July 11, 2022 City Manager Approval: ____________

RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

ADOPTING A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT NO. 2021-19, GENERAL PLAN AMENDMENT NO. 2021-01 AND ZONE AMENDMENT NO. 745
WHEREAS, the Council of the City of Tulare held a regular meeting on July 19, 2022 to adopt a Mitigated Negative Declaration prepared for Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01 and Zone Amendment No. 745; and WHEREAS, the Council of the City of Tulare determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and
WHEREAS, the Council of the City of Tulare considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment after mitigation; and WHEREAS, the Council of the City of Tulare determined that the proposed Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis.

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

Section 1. The Mitigated Negative Declaration prepared for Conditional Use Permit No. 2021-19, General Plan Amendment No. 2021-01 and Zone Amendment No. 745 is hereby adopted by the City Council of the City of Tulare.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING GENERAL PLAN AMENDMENT NO. 2021-01
WHEREAS, the Council of the City of Tulare held a regular meeting on July 19, 2022 to consider amending the City of Tulare General Plan land use designation from Community Commercial to Service Commercial on approximately 12.38 acres located on the east side of Mooney Blvd. at Cross Avenue, and
WHEREAS, the Council of the City of Tulare determined that the proposed amendment is in the public interest; and,
WHEREAS, the Council of the City of Tulare determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and,
WHEREAS, the Council of the City of Tulare determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety or welfare; and, WHEREAS, the Council of the City of Tulare determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA); and, NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Tulare, that General Plan Amendment No. 2021-01 be adopted and will be reflected on the General Plan Land Use Map.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
ORDINANCE 2022-XX

AN ORDINANCE OF THE CITY OF TULARE AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.04.04 OF SAID CODE ZONE AMENDMENT NO. 745
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.

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

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section

10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.04.04; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

REZONING approximately 12.38 acres of property to the C-4 (Service Commercial) zoning designation on property located on the east side of Mooney Blvd. at Cross Avenue as set forth more specifically on said map.

SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 3. This Ordinance shall be in full force and effect thirty (30) days from and after its passage, adoption, and approval.

PASSED, APPROVED, AND ADOPTED this 19th day of July 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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Community & Economic Development For Council Meeting of: July 19, 2022
Documents Attached: ☒Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747; adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential; and pass to print an Ordinance approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations.

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

This is a request by DR Horton to subdivide approximately 25.87 acres into an 88-lot singlefamily residential subdivision to be zoned R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Single Family Residential – 3,200 square foot minimum lot area) in two phases. The project site consists of two parcels and is located on the north west corner of Morrison Street and the Seminole Avenue alignment (APN 172-010-051 and 048).

The current zoning designation is R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area). The applicant proposes to amend the zoning designation to allow for the construction of a single-family residential subdivision with lot sizes as proposed by the applicant. The Zone Amendment is a request to change the existing zoning designation to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small-lot Residential).

AGENDA ITEM: Public Hearing 3
An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on May 19, 2022.

Two comment letters were received during the public review period of the circulated CEQA document. Comment letters were received from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and the California Department of Toxic Substances Control (DTSC).

Staff has prepared responses for each of the comment letters received. Staff’s responses have been attached as appendix ‘E’ and incorporated into the final’ IS/MND. Each of the comment letters have also been included within appendix ‘F’ of the IS/MND. Staff determined that the comments provided did not result in any “new avoidable significant impacts” and that the clarifying revisions made to the document do not constitute a substantial new information.

Therefore, re-circulation of the document was not required.

STAFF RECOMMENDATION:

1. Adopt a resolution adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02, and Zone Amendment No. 747.

2. Adopt a resolution approving General Plan Amendment No. 2021-02 changing the General Plan land use designation on approximately 25.87 acres from Rural Residential and Low Density Residential to Low Density Residential.

3. Pass to print an ordinance approving Zone Amendment No. 747, to change the existing zoning designation on approximately 25.87 acres from R-1-12.5 and R-1-6 to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small Lot Residential) zoning designations.

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: Steven Sopp Title: Principal Planner
Date: July 11, 2022 City Manager Approval: ____________

RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE SUBDIVISION MAP 2021-21 – (KCOK 5/9), GENERAL PLAN AMENDMENT NO. 2021-02 AND ZONE AMENDMENT NO. 747
WHEREAS, the Council of the City of Tulare held a regular meeting on July 19, 2022 to adopt a Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02 and Zone Amendment No. 747, and
WHEREAS, the Council of the City of Tulare determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and
WHEREAS, the Council of the City of Tulare considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment after mitigation; and WHEREAS, the Council of the City of Tulare determined that the proposed Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis.

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

Section 1. that the Mitigated Negative Declaration prepared for Tentative Subdivision Map 2021-21 – (KCOK 5/9), General Plan Amendment No. 2021-02 and Zone Amendment No. 747 is hereby adopted by the City Council of the City of Tulare.

PASSED, APPROVED, AND ADOPTED this 19 day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING GENERAL PLAN AMENDMENT NO. 2021-02
WHEREAS, the Council of the City of Tulare held a regular meeting on July 19, 2022 to consider amending the City of Tulare General Plan land use designation from Rural Residential and Low Density Residential to Low Density Residential on approximately 25.87 acres located on the northwest corner of Morrison Street and the Seminole Avenue alignment, and
WHEREAS, the Council of the City of Tulare determined that the proposed amendment is in the public interest; and,
WHEREAS, the Council of the City of Tulare determined that the proposed amendment is consistent and compatible with the General Plan and implementation programs which may be affected; and,
WHEREAS, the Council of the City of Tulare determined that the proposed amendment’s impacts have been adequately assessed and have been determined not to be detrimental to public, health, safety or welfare; and, WHEREAS, the Council of the City of Tulare determined that the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA); and, NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Tulare, that General Plan Amendment No. 2021-02 be adopted and will be reflected on the General Plan Land Use Map.

PASSED, APPROVED, AND ADOPTED this 19 day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
ORDINANCE 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.04.04 OF SAID CODE ZONE AMENDMENT NO. 747
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act;

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

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section

REZONING approximately 25.87 acres of property to the R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area) and R-1-4 (Small lot Residential) zoning designations on property located on the north west corner of Morrison Street and the Seminole Avenue alignment as set forth more specifically on said map.

SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 3. This Ordinance shall be in full force and effect thirty (30) days from and after its passage, adoption, and approval.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 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

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Finance
For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments.

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

In 1997, the Board of Public Utilities Commissioners and the City Council approved resolutions authorizing the adoption of the provisions of Streets and Highways Code Section 5870 et.

Seq., under the 1911 Act. These provisions provide for the financing of certain public works related costs and declaring the repayment of the same to be assessed against property owners and placed on the property tax rolls.

STAFF RECOMMENDATION:

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: J. Diego Ibanez Title: Chief Financial Officer Date: July 11, 2022 City Manager Approval: ____________ AGENDA ITEM: Public Hearing 4
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
CONFIRMING THE REPORT AND ASSESSMENT LIST FOR 1911 ACT COSTS OF

UTILITY CONNECTIONS AND/OR CURB, GUTTER, PAVEMENT, SIDEWALK, AND

DRIVEWAY CONSTRUCTION
WHEREAS, Resolution No. 97-4314, dated May 6, 1997, of the City Council of the City of Tulare, authorized the adoption of the provisions of Streets & Highways Code Sections 5870 et seq., under the 1911 Act, for the purpose of financing certain costs and declaring the repayment of same to be assessed against property owners and placed on the property tax rolls; and
WHEREAS, after public hearings, the Council did approve said work and order the costs be assessed and collected on the property tax rolls; and WHEREAS, a public hearing was held before the City Council of the City of Tulare on July 19, 2022, pertaining to the report and assessment list for these costs; and
WHEREAS, said assessment list has been reviewed by the City Council and public comment considered.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare that the report and assessment list for recovering costs of improvements and/or utility connections, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby confirmed, and City staff is directed to place same on the Tulare County tax assessment rolls.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
EXHIBIT "A"
Public Works Improvement
APN NAME Loan Repayments
164-072-015 Ranglel & Misti Mata 464.28
164-073-007 Edward & Leah King 419.46
164-130-005 Alvaro & Maria Alcala 805.34
166-072-002 Benigna Borba 627.52
169-070-004 Omar Siller 360.62
169-080-018 Alfonso Perales 475.80
172-060-024 Janeth Quintero 453.88
176-276-014 Faustino & Norma Gomez 1,253.40
177-024-241 Virginia Jimenez 390.06
177-031-004 Salvador & Maria Tapia 412.76
177-210-019 Roario Isais 797.58
177-241-010 Satini & Heione Tautuaa 395.96
177-244-007 James Barrera 395.40
182-030-014 Isidro & Elvia Parra 404.86
182-100-004 Engracia Herrera 535.12
182-100-014 Richard Burch 859.64
182-100-016 Rumaldo Saenz 442.10
182-100-020 Ramon & Anastacia Sanchez 509.12
182-100-023 Fernando & Maria Mendez 548.66
182-100-024 Luis Perez 1,020.12
182-100-034 Gilbert Alvarez 1,516.68
13,088.36
T:\Finance\Public Works Impr Loan\Exhibit A.xlsx

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community & Economic Development For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Tulare City Council, in its capacity as the Housing Successor Agency, review and consider the Housing Successor Fund request by Lighthouse Rescue Mission to receive grant funds in the amount of $500,000 over two years to support emergency shelter activities such as salaries, hygiene facilities, utilities, insurance and other maintenance and operation expenses for the 16 emergency shelter beds located at 214 South H Street.

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

The Housing Asset Fund includes all the assets that were transferred from the Tulare Redevelopment Agency (“Agency”) to the Housing Successor upon dissolution of the former Agency. The assets included:
• Real properties,
• Low/Mod encumbrances,
• Loan/grants receivable, and
• Rents/operations.

STAFF RECOMMENDATION:

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: July 11, 2022 City Manager Approval: ____________ ATTACHMENTS:

May 2, 2022 Lighthouse Rescue Mission Housing Successor Fund Request Homelessness Ends When
Community Begins!
5/2/22
City of Tulare
ATTN: Traci Myers, Community & Economic Development Director 411 East Kern Ave.

Tulare, CA 93274
Subject: 2022 Housing Successor Fund Request
In November 2020, the Tulare City Council awarded funds in the amount of $500,000 over 2 years to support emergency shelter activities to the Lighthouse Rescue Mission pending site selection criteria. In February 2021, those criteria were established in the Tulare municipal code. The Lighthouse is respectfully requesting to draw the first-year funds of $250,000 to support operations and maintenance for one emergency shelter location operated by Lighthouse Rescue Mission. These costs include salaries, hygiene facilities, utilities, insurance, and other associated costs to run the resource for the City of Tulare.

PLANNED PROJECT BUDGET
Emergency Shelter Annual Operational Budget
Year 1
Non-Personnel Expenses
Supplies and Maintenance $ 22,000
Software $ 4,764
Office Supplies $ 1,200
Telephone and Comms. $ 1,200
Occupancy Expenses
Utilities $ 16,537
Misc.

Insurances $ 7,400
Payroll $ 152,800
Payroll Taxes $ 45,840
Total Expenses $ 251,741
559-687-8317 111 W. Kern Ave, Tulare, Ca,
93274
Homelessness Ends When
Community Begins!
Current Lighthouse Inventory - 70 Beds:
111 West Kern: 12 Family & Workforce Room & Board Beds
127 West Kern: 12 Transitional Workforce Supportive Housing Beds 214 South “H”: 16 Emergency Shelter Beds
205 South “H”: 8 Workforce Supportive Room & Board Beds 205 South “H”: 6 Recovery Academy Beds
120 South “G”: 6 Women’s Workforce Supportive Room & Board Beds. 120 South “G”: 10 Women’s Transitional Workforce Supportive Housing Beds.

Definitions:
1) Transitional Workforce Supportive Housing: Extended Shelter Stays for volunteer workforce 2) Workforce Supportive Room & Board: Paid room and food program for workers & Families.

Contact Person/Title: Ray Van Beek, PRESIDENT
Phone #: 559-288-7443
Address (Administrative Office): 120 South G St., Tulare, CA 93274 Mailing Address: PO Box 1453, Tulare, Ca 93275
E-Mail: [email protected]
Non-Profit Tax ID#: 03-0551530
DUNS #: 172547064
Sincerely,
Raymond Van Beek
President of the Board
559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
Homelessness Ends When
Community Begins!
Tulare
Lighthouse Rescue Mission
Raymond Van Beek
President, Lighthouse Rescue Mission
559-288-7443
“The end of homelessness is achieved with affordable
& supportive dwelling communities!”
Table of Contents

1. Project Description Page 2

2. Introduction Pages 3-4

3. Operations Team Page 5

4. Locations Page 6

5. Alignment with Community Goals Page 7

6. Organization Chart Page 8

7. Board of Directors Roster Page 8
559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
Project Description
Homelessness Ends When Community Begins!
The Lighthouse Rescue Mission will use Housing Successor funds to support current operations and maintenance for emergency shelter activities. Operational expenses for the Lighthouse include utilities, supplies and repairs, salaries, insurances, etc. The Lighthouse currently operates 5 separate housing locations with a total of 70 beds. In 2021, the Lighthouse helped over 400 homeless, equating to a bed count of over 6,300. The Lighthouse currently spends an average of $19,000/month to operate the one emergency shelter location and serve our homeless.

The $250,000 in Housing Successor funds each year will aid in covering all of the Lighthouse yearly operational expenses for emergency shelter. The remaining costs for food in the first 12 months will be supplemented through $250,000 in funds provided by Tulare County. As the Lighthouse grows, the remaining balance needed for operations will be funded through donations, grants, industries, program fees and philanthropy.

Budget – See attached budget for monthly operational budget.

Emergency Shelter Annual Operational Budget
Year 1 Year 2
Non-Personnel Expenses
Supplies and Maintenance $ 22,000 $ 36,800
Software $ 4,764 $ 4,764
Office Supplies $ 1,200 $ 1,200
Telephone and Comms. $ 1,200 $ 1,200
Occupancy Expenses
Utilities $ 16,537 $ 18,417
Misc.

Insurances $ 7,400 $ 9,000
Payroll $ 152,800 $ 229,760
Payroll Taxes $ 45,840 $ 68,928
Total Expenses $ 251,741 $ 370,069
559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
Homelessness Ends When
C
o
m
munity Begins!
Introduction
The Lighthouse Rescue Mission is a 501c3 Community Benefit Organization founded in 2004 to provide a place of hope and encouragement for the homeless residents of The City of Tulare. The Lighthouse is committed to being the foremost partner with residents, businesses, and organizations to respond to and provide for the growing vexation of homelessness to our community.

The Lighthouse takes the following approaches to homelessness: 1) Housing:

Provide safe, healthy places to call home. Even if temporary. The crisis of homelessness ends with the stability of a safe place to belong permanently. 2) Jobs: Provide positive work-based opportunities during the day. Whether employed or volunteering, we believe in a positive purpose to one’s day. 3) Peer-Support Community: Provide peer-support environments. People who understand or have been homeless connect with people who are exiting homelessness; together they resource problems into solutions.

The Lighthouse currently offers:
1) Women’s
a. Overnight Shelter
b. Room & Board
c. Work/Volunteerism – Work Site to process thrift donations, recycling, and materials operations.
2) Men’s:
a. Overnight Shelter
b. Room & Board
c. Work/Volunteerism – Delivery/Pickup Truck; grounds upkeep, contracts, site development.
3) Family:
a. Overnight Shelter
b. Room & Board
c. Work/Volunteerism – Work Site to process thrift donations, recycling, grounds upkeep, site development.
4) Industries:
a. Thrift Store
b. Online Boutique
c. Contract Work
5) Lighthouse Community Initiatives
a. Affordable Housing Development
b. Economic Development & Job Creation
559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
H
o
m
elessness Ends When
Community Begins!
As a community partner, the Lighthouse has the following qualifications:
1) Expertise & experience in temporary overnight shelter operations. 2) Ability to develop & operate economic opportunities and housing projects to provide stability in people’s lives.
3) Financial & organizational capacity to adequately design, source, implement, and manage new ventures.
4) The knowledge and ability to conduct homeless operations and integrations with community services. We do not need to contract with a 3rd party provider to operate our developments.
5) A vision for ending homelessness in the lives of 210 people for the City of Tulare. 6) A history of collaboration with government and non-governmental organizations to connect people to resources they may be eligible for. 559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
H
o
m
elessness Ends When
Community Begins!
Community Housing Needs & Development Operations Team
Executive Director
The Lighthouse Executive Director is the representative of Lighthouse in City of Tulare events and meetings. The Executive Director supports on-site managers and leads to assure their staff is receiving the proper support to operate the shelter and temporary supportive housing locations.

Onsite Managers/Leads
One male and one female Lead oversee daily operations of both men’s and women’s shelter and transitional room and board. These leads operate the Lighthouse during the day and prepare Peer Support Advisors for evening and overnight shifts. Their job is to find solutions to concerns and needs that arise at the Peer Support Advisors level. On-Site Mangers/Leads report to Executive Director to inform them of operations and additional solutions they might not be able to solve for the lower division.

Peer Support Advisors
Peer Support Advisors work directly with tenants and clients. These employees work with individuals to provide services such as case management, job training and life skills training. They are also in charge of assuring the Lighthouse is staying clean, shelter guests have daily purposeful activities to do, and are interacting with the community surrounding the shelter.
559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
H
o
m
elessness Ends When
Community Begins!
Project Description Financial Capacity &
Capability, Leverage Locations
120 South G St. – Women’s Home
a) 16 Beds
b) Overnight Workforce Supportive Shelter
c) Transitional Room and Board
d) Recovery Academy
127 West Kern Ave. – Men’s Home
a) 12 Beds
b) Overnight Workforce Supportive Shelter
111 West Kern Ave. – Family Home
a) 12 Beds, Three Apartments
b) Overnight Workforce Supportive Shelter
c) Transitional Room and Board
205 South H St. – Men’s Room and Board
a) 14 Beds
b) Transitional Room and Board
c) Recovery Academy
214 South H St.– Emergency Pocket Shelter
a) 16 Beds
b) Overnight Emergency Shelter
c) Men, Women and Children
559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
H
o
m
elessness Ends When
Community Begins!
Alignment with Community Goals
Policy C-3: The City shall ensure that locations are available within the city to accommodate emergency shelters, supportive housing, or transitional housing. (New Policy) Implementation Program C-2: Support for Transitional and Supportive Housing. The City shall continue to provide support to Family Services and other organizations that provide transitional and supportive housing to homeless individuals and families or those facing the threat of homelessness. Responsibility: Planning Division Funding Source: General Fund Timing: Ongoing Quantified Objective: 11 extremely low-income units.

Alignment: The Lighthouse operates 70 beds amongst Emergency Shelter, Workforce Supportive Housing and Transitional Housing for individuals and families that are homeless. 559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
Board of Directors Roster
President – Raymond Van Beek, Farmer, Tulare Vice President – Tim Dodson, CPA, Tulare Director – Ray Fonseca, Retired, Tulare Director – Louis Sparks, Pastor, Tulare Director – Melissa Janes, Nurse, Tulare Director – Bob Cherry, Pastor, Tulare
Director – Fred Brown, Business Owner, Tulare Director – Renee Soto, Business Owner, Tulare Organization Chart
Homelessness Ends When Community Begins!
Board of Directors
Executive Director
Men’s Program Women’s
Program
Lighthouse Industries Lighthouse
Community
Initiatives
Shelter Shelter Thrift Store Affordable Housing
Development
Room & Board Room & Board Commodity Processing
Center
Recovery
Academy
Recovery
Academy
Contract Work Economic
Development & Job Creation
Food Operations
(Coming soon)
Recycling
(Coming Soon)
559-687-8317 111 W. Kern Ave, Tulare, Ca, 93274
Name Month 1 Month 2
Utilities
Gas $ 615 $ 514
Electric $ 472 $ 486
Toilet Services $ 240 $ 240
Shower Services $ 300 $ 300
Other $ 40 $ 40
Total Utilities $ 1,667 $ 1,579
Administrative
Software Subscriptions $ 397 $ 397
Office Supplies/Marketing Materials $ 100 $ 100
Phone and Internet $ 100 $ 100
Total Administrative $ 597 $ 597
Supplies and Maintenance
Supplies $ 1,000 $ 1,000
Maintaiance and Repairs $ 500 $ 500
Gas/Transportation $ 250 $ 250
$ 1,750 $ 1,750
Misc.

Insurances $ 600 $ 600
Payroll $ 11,520 $ 11,520
Payroll taxes $ 3,456 $ 3,456
Total Misc. $ 15,576 $ 15,576
Total Expenses $ 19,590 $ 19,502
Y
Month 3 Month 4 Month 5 Month 6 Month 7
$ 412 $ 128 $ 103 $ 100 $ 110
$ 428 $ 397 $ 462 $ 462 $ 462
$ 240 $ 240 $ 240 $ 240 $ 240
$ 300 $ 300 $ 300 $ 300 $ 300
$ 40 $ 40 $ 40 $ 40 $ 40
$ 1,420 $ 1,105 $ 1,144 $ 1,141 $ 1,152
$ 397 $ 397 $ 397 $ 397 $ 397
$ 100 $ 100 $ 100 $ 100 $ 100
$ 100 $ 100 $ 100 $ 100 $ 100
$ 597 $ 597 $ 597 $ 597 $ 597
$ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000
$ 500 $ 500 $ 500 $ 500 $ 500
$ 250 $ 250 $ 250 $ 250 $ 250
$ 1,750 $ 1,750 $ 1,750 $ 1,750 $ 1,750
$ 600 $ 600 $ 600 $ 600 $ 600
$ 11,520 $ 11,520 $ 11,520 $ 11,520 $ 11,520
$ 3,456 $ 3,456 $ 3,456 $ 3,456 $ 3,456
$ 15,576 $ 15,576 $ 15,576 $ 15,576 $ 15,576
$ 19,343 $ 19,028 $ 19,067 $ 19,064 $ 19,075
Year 1 Monthly Shelter Operational Budget
Month 8 Month 9 Month 10 Month 11 Month 12
$ 119 $ 139 $ 186 $ 410 $ 408
$ 577 $ 577 $ 577 $ 577 $ 577
$ 240 $ 240 $ 240 $ 240 $ 240
$ 300 $ 300 $ 300 $ 300 $ 300
$ 80 $ 80 $ 80 $ 120 $ 120
$ 1,316 $ 1,336 $ 1,383 $ 1,648 $ 1,645
$ 397 $ 397 $ 397 $ 397 $ 397
$ 100 $ 100 $ 100 $ 100 $ 100
$ 100 $ 100 $ 100 $ 100 $ 100
$ 597 $ 597 $ 597 $ 597 $ 597
$ 1,000 $ 1,250 $ 1,250 $ 1,250 $ 1,250
$ 500 $ 500 $ 500 $ 500 $ 500
$ 250 $ 250 $ 250 $ 250 $ 250
$ 1,750 $ 2,000 $ 2,000 $ 2,000 $ 2,000
$ 600 $ 600 $ 600 $ 700 $ 700
$ 13,600 $ 13,600 $ 13,600 $ 15,680 $ 15,680
$ 4,080 $ 4,080 $ 4,080 $ 4,704 $ 4,704
$ 18,280 $ 18,280 $ 18,280 $ 21,084 $ 21,084
$ 21,943 $ 22,213 $ 22,260 $ 25,329 $ 25,326
l Budget
Totals
$ 16,537
$ 7,164
$ 22,000
$ 206,040
$ 251,741

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community & Economic Development For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt resolutions consenting to inclusion of commercial, industrial, and agricultural properties within the City of Tulare’s jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) and in the Golden State Finance Authority Program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, seismic retrofitting, fire prevention and other improvements; and in so doing, approving associate membership of the City in the joint exercise of powers authority related thereto.

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

California state law authorizes charter and general law cities and counties to provide financing for renewable energy, energy efficiency, water conservation, seismic retrofitting, electric vehicle charging and fire resiliency improvements to eligible and willing property owners.

Property owners wishing to make qualifying improvements voluntarily enter into a contractual agreement securing a lien on their property and agreeing to repay the financing as a special assessment or tax on their annual property tax bill. This mechanism is referred to as Property Assessed Clean Energy (PACE) financing.

Additional legislation expanded projects eligible for financing to include water efficiency improvements, electric vehicle charging stations, and seismic improvements. And second, SB 555 (2011) amended the Mello-Roos Community Facilities Act to allow for the creation of Community Facility Districts (CFDs) for the purpose of financing or refinancing the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy, seismic improvements, and electric vehicle charging infrastructure.

Further, other laws expanded the original PACE legislation and provided consumer protections. These laws consist of:
• AB 2693 (2016) enhanced disclosures to homeowners participating in PACE programs and requires all PACE providers to feature consistent contractual language on interest rates, terms, fees, and special tax/assessment amounts. AB2693 guarantees the right to cancel PACE financing within three business days of execution. AB 2693 also prohibits marketing promises of monetary or percentage representations of increased value to a property owner regarding the effect the financed improvements will have on AGENDA ITEM: General Business 2
the market value of the property unless the market value is estimated using a specified method;
• SB 242 (2017) requires a recorded telephone call to residential consumers to confirm key terms of the agreement in plain language. This call and contractual documents must be available in one of five enumerated non-English languages, as necessary. SB 242 also prohibits incentives paid to contractors for steering consumers into a particular program and prohibits any representation as to tax deductibility of a PACE assessment contract. Lastly, PACE providers are prevented from disclosing to contractors the amount of funds the property is eligible to secure with a PACE assessment; • AB 1284 (2017) establishes state regulatory oversight for California's PACE program through the Department of Financial Protection and Innovation (DFPI) and requires PACE administrators to obtain a license under California Financing Law. They are also held accountable for screening, training, and monitoring the contractors and sales representatives enrolled in their programs. Lastly, PACE providers have to determine a consumer’s ability to repay, including income verification, before entering into a PACE assessment; and,
• SB 465 (2018) allows homeowners in certain jurisdictions designated by CalFire as Very High Fire Severity Zones to use PACE financing to make wildfire resilience and fire hardening improvements to their homes.

Because a PACE assessment or special tax is filed as a lien on the property, it is designed to transfer with the property upon sale, potentially removing a barrier to making long-term investments in one’s property. Other features of PACE financing include 100% financing for eligible improvements, consumer protections and contractor oversight, customer service and resolution support and pre-approved contractors. As with other forms of financing, participation in PACE financing programs is voluntary.

PACE financing is privately funded and involves no taxpayer dollars or staff obligation for program administration and the transactions are between program administrators and building owners, the City will incur no cost or risk associated with program activities. Additionally, the City is not obligated to provide any administrative support or marketing for the programs, which are administered by the program administrators.

1California Office of the State Treasurer – webpage on Property Assess Clean Energy (PACE) Loss Reserve Program https://www.treasurer.ca.gov/caeatfa/pace/index.asp .

GSFA established PACE programs under the legislative authority of two separate California PACE laws described previously, SB 555 and AB 811. For both programs, individual properties can be annexed into the district and be subject to the special tax assessment that is imposed to repay project financing only if (i) the Council adopts a resolution consenting to the inclusion of parcels in the incorporated areas of the City within the programs and (ii) each participating owner provides its unanimous written approval for annexation of its property into the PACE program. To participate in the PACE programs, the City of Tulare must become an Associate Member of GSFA (See Exhibit C - JPA Agreement). Associate membership requires no dues or other costs to the City but permits participation in all GSFA programs including the PACE program. The Resolutions in Exhibit A and Exhibit B approve joining the JPA as an Associate Member.

1. Resolution authorizes the City to permit commercial property owners within the incorporated areas of the City to participate in the GSFA SB 555 Community Facilities District.

2. Resolution authorizes the City to permit commercial property owners within the incorporated areas of the City to participate in the GSFA AB 811 Authority PACE Program.

Cities and counties that have approved the Ygrene program to date adopted both resolutions and are listed on an Ygrene service area webpage at https://ygrene.com/serviceareas#California. Ygrene contends that authorizing both programs helps PACE function amidst changes to market or legislative environment. And as such, an Ygrene program will be established and may operate in the City of Tulare without the need for additional review or the need for the City Council to consider approving new resolutions.

STAFF RECOMMENDATION:

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: July 12, 2022 City Manager Approval: ____________ ATTACHMENTS:

Exhibit A – Resolution to Consent to GSFA Community Facilities District No. 2014-1 Exhibit B – Resolution to Consent to Golden State Finance Authority Program Exhibit C – Joint Exercise of Powers Agreement – Golden State Finance Authority – with signature page
Exhibit D – Annual Report of Finance Lenders, Brokers, and PACE Administrators Licensed Under the California Financing Law – 2020 – prepared by California Department of Financial Protection and Innovation
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

CONSENTING TO INCLUSION OF COMMERCIAL, INDUSTRIAL AND
AGRICULTURAL PROPERTIES WITHIN THE CITY OF TULARE’S JURISDICTION IN GOLDEN STATE FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS,

ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS,

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, SEISMIC RETROFITTING,

FIRE PREVENTATION AND OTHER IMPROVEMENTS AND APPROVING

ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY

RELATED THERETO
WHEREAS, the Golden State Finance Authority, a California joint powers authority formerly known as California Home Finance Authority (the “Authority”), has established the Community Facilities District No. 2014-1(Clean Energy) in accordance with the Mello-Roos Community Facilities Act, set forth in sections 53311 through 53368.3 of the California Government Code (the “Act”) and particularly in accordance with sections 53313.5(l) and 53328.1(a) (the “District”); and WHEREAS, the purpose of the District is to finance or refinance (including the payment of interest) the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy and electric vehicle charging infrastructure improvements permanently affixed to private or publicly-owned real property (the “Authorized Improvements”); and
WHEREAS, the City of Tulare is committed to development of renewable energy generation and energy efficiency improvements, reduction of greenhouse gases, and protection of the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the District to annex to the District and be subject to the special tax levy of the District only (i) if the city or county within which the parcel is located has consented, by the adoption of a resolution by the applicable city council or county board of supervisors, to the inclusion of parcels within its boundaries in the District and (ii) with the unanimous written approval of the owner or owners of the parcel when it is annexed (the “Unanimous Approval Agreement”), which, as provided in section 53329.6 of the Act, shall constitute the election required by the California Constitution; and WHEREAS, the Authority has established the District, as permitted by the Act, the Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the City, desires to become an Associate Member of the JPA by acknowledgement of the JPA Agreement, a copy of which is attached as Exhibit “A” hereto, to participate in the programs of the JPA and, to assist commercial property owners within the incorporated area of the City in financing the cost of installing Authorized Improvements; and
RESOLUTION 2022- Page 2
WHEREAS, the City will not be responsible for the conduct of any special tax proceedings; the levy and collection of special taxes or any required remedial action in the case of delinquencies in the payment of any special taxes in connection with the District.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare that this Council:

Section 1. Finds and declares that commercial properties in the City’s incorporated area will be benefited by the availability of the Authority CFD No. 2014-1 (Clean Energy) to finance the installation of the Authorized Improvements.

Section 2. Consents to the inclusion in the Authority CFD No. 2014-1 (Clean Energy) of all of the commercial properties in the incorporated area within the City and to the Authorized Improvements, upon the request of and execution of the Unanimous Approval Agreement by the owners of such commercial properties when such properties are annexed, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by Authority for the purposes thereof.

Section 3. Consents to assent to the assumption of jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Authorized Improvements.

Section 4. Approves Joining the JPA as an Associate Member and authorizes the execution by appropriate City officials of any necessary documents to effectuate such membership.

Section 5. Authorizes and directs City of Tulare staff to coordinate with Authority staff to facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the City, and report back periodically to this City Council on all outcomes of such program.

Section 6. Acknowledges that this Resolution shall take effect immediately upon its adoption and directs the City Clerk to send a certified copy of this resolution to the Secretary of the Authority.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

CONSENTING TO INCLUSION OF COMMERCIAL, INDUSTRIAL AND
AGRICULTURAL PROPERTIES WITHIN THE CITY OF TULARE’S JURISDICTION IN

GOLDEN STATE FINANCE AUTHORITY PROGRAM TO FINANCE RENEWABLE

ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS,

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, SEISMIC RETROFITTING,

FIRE PREVENTATION AND OTHER IMPROVEMENTS AND APPROVING

ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY

RELATED THERETO
WHEREAS, the Golden State Finance Authority (“Authority”) is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”); and
WHEREAS, Authority has established a property-assessed clean energy (“PACE”) Program (the “Authority PACE Program”) to provide for the financing of renewable energy generation, energy and water efficiency improvements, electric vehicle charging infrastructure, and other improvements (the “Improvements”) pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code (“Chapter 29”) within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, City of Tulare (the “City”) is committed to development of renewable energy generation and energy and water efficiency improvements, reduction of greenhouse gases, and protection of the environment; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and
WHEREAS, installation of such Improvements by commercial property owners within the jurisdictional boundaries of the counties and cities that are participating in the Authority PACE Program would promote the purposes cited above; and WHEREAS, Authority has established the Authority PACE Program, which is such a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the City, desires to become an Associate Member of the JPA by acknowledgment of the JPA Agreement, a copy of which is attached as Exhibit “A” hereto, to participate in the programs of the JPA and to assist commercial property owners within the jurisdiction of the City in financing the cost of installing Improvements; and RESOLUTION 2022- Page 2
WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the Authority PACE Program.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tulare that this Council:

Section 1. Finds and declares that commercial properties in the City’s incorporated area will be benefited by the availability of the Authority PACE Program to finance the installation of the Improvements.

Section 2. Consents to the inclusion in the Authority PACE Program of all of the commercial properties in the jurisdictional boundaries of the City and to the Improvements, upon the request by and voluntary agreement of owners of such commercial properties, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by Authority for the purposes thereof.

Section 3. Consents to assent to the assumption of jurisdiction by Authority for all purposes of the Authority PACE Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent such contractual assessments.

Section 4. Approves Joining the JPA as an Associate Member and authorizes the execution by appropriate City officials of any necessary documents to effectuate such membership.

Section 5. Authorizes and directs City of Tulare staff to coordinate with Authority staff to facilitate operation of the Authority PACE Program within the City, and report back periodically to this City Council on all outcomes of such program.

Section 6. Acknowledges that this Resolution shall take effect immediately upon its adoption and directs the City Clerk to send a certified copy of this resolution to the Secretary of the Authority.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

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

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAINING: Council Member(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk

SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS

ACKNOWLEDGING RECEIPT OF THE GOLDEN STATE FINANCE AUTHORITY AMENDED

AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
CITY OF ____TULARE_______
By: Dated:

Title: __________________________
Attest:

By __________________________________
Clerk of the City Council
{PLEASE SEND TO:

Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 95814}
2020
California Department of
Financial Protection and Innovation
Annual Report of Finance Lenders, Brokers,
and PACE Administrators
Licensed Under the California Financing Law
Report Required by Financial Code Section 22160 and 22692 Revision of
Previously
Published Report
(January 2022)
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Christopher S. Shultz, Acting Commissioner
Department of Financial Protection and Innovation
Edgar L. Gill Jr., Senior Deputy Commissioner
Division of Corporations and Financial Institutions
Mona Elsheikh, Deputy Commissioner
Financial Services
Published October 2021

TABLE OF CONTENTS
Executive Summary ....................................................................................................... 1 Background .................................................................................................................... 3 Historical Licensing Data ................................................................................................ 4 Analysis of Loans Made by CFL Licensees for the Last 10 Years ................................. 5 Exhibit A - Consolidated Balance Sheet ........................................................................ 6 Exhibit B - Analysis of Loans and Receivables Outstanding .......................................... 7 Exhibit C - Statement of Income and Expenses ............................................................ 8 Exhibit D - Analysis of Income Received ....................................................................... 9 Exhibit E - Loans Made or Refinanced by Size .............................................................. 10 Exhibit F - Loans Made or Refinanced by Type of Security ........................................... 11 Exhibit G - Loans Made or Refinanced by Rate Charged .............................................. 14 Exhibit H - Schedule of Loan Activity by Security Type ................................................. 30 Exhibit I - Default Rates by Security Type and Size of Loan ......................................... 33 Exhibit J - Online Loan Information ................................................................................ 35 Exhibit K - Property Assessed Clean Energy (PACE) Program ..................................... 36

EXECUTIVE SUMMARY
California Department of Financial Protection and Innovation 1 The Department of Financial Protection and Innovation protects consumers and fosters trust by regulating companies and individuals offering financial products. The DFPI licenses and regulates finance lenders, brokers, and Property Assessed Clean Energy (PACE) Program Administrators pursuant to the California Financing Law (CFL).

In this report, the Department of Financial Protection and Innovation (DFPI) has compiled data submitted by finance lenders, brokers, and program administrators licensed under the California Financing Law. The licensees submitted the data pursuant to Financial Code sections 22159(a), 22160, and 22692.

The data collected covers two types of loan categories:
• Consumer loans are intended primarily for personal, family or household purposes, such as paying utility and medical bills and for the purchase or repair of personal vehicles. The law also treats commercial loans with a principal amount of $5,000 or less as consumer loans and they are reported as such.
• Commercial loans are not intended for personal, family or household purposes.

Consumer and commercial loans are further classified by the type of security used to secure the loan.

Key Findings
• Consumer loans with a principal loan amount of at least $2,500 but less than $10,000 and an Annual Percentage Rate (“APR”) of 100 percent or more originated in 2020 decreased by

99.9 percent, to 36 from 376,645 in 2019. The total principal amount of such consumer loans decreased by 99.9 percent over the same period, to $155,000 from $1.2 billion. • Consumer loans secured by auto title originated in 2020 decreased by 94.4 percent to 5,994 from 106,070 in 2019. The total principal amount of such consumer loans decreased by 92.6 percent over the same period, to $30.9 million from $415.6 million. • This report contains the second year of reporting on PACE financing and PACE program administrators.
o PACE program administrators reported gross income of $43,478,875 from PACE program assessment financing in 2020, representing a 30 percent decrease since 2019.
o The total amount of assessment contracts funded by PACE program administrators was $332,517,305, representing a decrease of 8 percent since 2019. o The total number of PACE assessment contracts funded and originated in 2020 was 10,129, representing an 18 percent decrease since 2019. o In 2020, the aggregated total fees and other charges assessed to property owners, including interest, was $82,549,973, representing a decrease of 1 percent since 2019.

California Department of Financial Protection and Innovation 2 • The number of consumer loans increased significantly due to a surge in the “buy now, pay later” unsecured consumer loans reported to the DFPI. This product growing dramatically in volume and becoming a larger percentage of the DFPI’s portfolio under CFL. o Finance lenders originated almost 12 million consumer loans in 2020, a 530.2 percent increase over 2019. The total principal amount of loans made in 2020 increased by

96.8 percent in comparison to 2019 (from $57 billion to $112.2 billion). o The top six buy now pay later lenders accounted for 10,924,547, or 91 percent, of the total consumer loans originated in 2020.
o Excluding buy now pay later loans from the total number of consumer loans originated, unsecured loans accounted for 60.8 percent of the total number of consumer loans made in 2020 compared with 77.3 percent in 2019.
o The total number of consumer loans originated by finance lenders, excluding loans made by buy now pay later lenders, decreased overall by 41.1 percent to 1,005,094 from 1,707,651 in 2019. However, the total principal amount of such consumer loans increased by 94.8 percent over the same period, to $111 billion from $57 billion. • Setting aside the buy now pay later loans, the total aggregate principal amount of consumer loans increased mainly due to the increase in originations of consumer loans secured by real estate.
o The number of consumer loans secured by real estate originated in 2020 increased by 117.2 percent to 261,777 from 120,519 in 2019. The total principal amount of such consumer loans increased by 113.8 percent over the same period, to $101 billion from $47.3 billion.

Other Findings
• Consumer loans with principal loan amount under $2,500 accounted for 94.7 percent of the total number of consumer loans made in 2020. Unsecured consumer loans made up 99.8 percent of loans with principal amount of less than $2,500. • The number of commercial loans originated in 2020 decreased by 21.99 percent to 706,228 from 905,341 in 2019. The total principal amount of commercial loans decreased by 13.9 percent over the same period, to $160.4 billion from $186.4 billion. • The number of online consumer loans originated in 2020 increased by 1,589 percent to 11,226,399 from 664,488 in 2019. The total principal amount of online loans increased by

24.18 percent over the same period, to $14.5 billion from $11.7 billion. • The number of online commercial loans originated in 2020 increased by 23.18 percent to 36,016 from 29,239 in 2019. The total principal amount of online loans increased by 14.19 percent over the same period, to $2.4 billion from $2.1 billion.

California Department of Financial Protection and Innovation 3

BACKGROUND
The California Financing Law (Financial Code, § 22000, et seq.) (CFL) requires the licensing and regulation of finance lenders, brokers, or program administrators.

Effective January 1, 2020, Assembly Bill 539 (Limón, stats. 2019, ch. 708) enacted the Fair Access to Credit Act (the Act). The Act makes changes to permissible rates of charges: For any consumer loan of a bona fide principal amount of at least $2,500 but less than $10,000 (including commercial loans of $2,500 to $5,000), a finance lender may not contract for or receive charges at a rate exceeding annual simple interest of 36 percent plus the Federal Funds Rate. Prior to the Act, the CFL only limited the interest rates on consumer loans under $2,500.

The COVID-19 pandemic state of emergency was officially declared by state and federal agencies in March 2020, three months after the new law took effect, and dramatically altered the financial services landscape. A myriad of factors, including government assistance in the form of cash payments, expanded unemployment benefits and loan forbearances, likely had a significant impact on demand for loans and other consumer financial habits.

Financial Code section 22159(a) requires licensees to file with the DFPI Commissioner annual reports that provide information related to their lending activities under the program.

The DFPI is required to post a report every year on its website summarizing utilization of its Pilot Program pursuant to Financial Code section 22160.

This report contains unaudited data provided by licensees for the calendar year ending December 31, 2020. The report does not capture all consumer loans in the state, and does not include smalldollar loans made through bank partnerships, for instance.

As of December 31, 2020, the DFPI licensed 3,886 lenders, brokers, lenders and brokers, and PACE program administrators. Of the 3,886 licensees, 3,760 filed their required annual reports. All five PACE program administrators filed their annual reports. The DFPI notified the non-filers of its intent to revoke their licenses.

Data obtained from a small number of licensees who filed annual reports after the aggregate report was compiled is not included. This omission does not materially affect the integrity of the data reported in this composite report.

Due to rounding, numbers presented throughout this report may not add up precisely to the totals provided, and percentages may not precisely reflect the absolute figures.

This report and prior years’ reports can be found on the DFPI’s website at https://dfpi.ca.gov/ california-financing-law-publications/.

California Department of Financial Protection and Innovation 4

HISTORICAL LICENSING DATA
The table below shows the number of California Financing Law (CFL) licensees (including branches) at the end of each calendar year, and the number of license applications the DFPI received each year for the last 10 years.

Table 1: Licensing Data
Year
Number of
Licensed
Companies
Number of
Licensed Locations
Number of
Applications for New
Licenses
2020 3,886 7,194 1,491
2019 3,616 7,392 1,406
2018 3,493 7,262 1,503
2017 3,200 6,776 1,398
2016 2,963 6,521 1,517
2015 2,580 6,369 1,358
2014 2,185 5,018 1,254
2013 2,155 4,776 1,191
2012 2,056 4,385 889
2011 2,026 4,302 910
California Department of Financial Protection and Innovation 5

ANALYSIS OF LOANS MADE BY CFL LICENSEES
FOR THE LAST 10 YEARS
Table 2: Loan Details
Average Size of Loans Made
Year
Number
of Loans
Made
Principal
Amount of
Loans Made
Consumer
Loans
Commercial
Loans
All Loans
2020 12,635,869 $ 272,580,616,643 $ 9,402 $ 227,144 $ 21,572 2019* 2,809,749 $ 247,762,782,335 $ 30,188 $ 209,067 $ 88,180 2018* 2,471,685 $ 220,137,537,748 $ 21,139 $ 218,588 $ 89,064 2017* 2,455,012 $ 194,240,527,082 $ 25,084 $ 161,799 $ 79,120 2016* 2,458,476 $ 226,677,922,016 $ 27,971 $ 188,155 $ 92,203 2015 3,271,710 $ 232,654,056,610 $ 24,472 $ 105,661 $ 71,111 2014 2,711,495 $ 217,151,868,159 $ 20,674 $ 121,161 $ 80,086 2013 2,171,948 $ 174,302,457,184 $ 43,521 $ 106,650 $ 80,252 2012 1,876,767 $ 165,639,476,215 $ 60,110 $ 108,137 $ 88,258 2011 3,076,347 $ 139,166,897,599 $ 36,097 $ 47,604 $ 45,238 *Variances from data published in the annual report due to late filings by licensees.

California Department of Financial Protection and Innovation 6 Exhibit A
California Financing Law Licensees
Consolidated Balance Sheet
As of December 31, 2020
($ in thousands)
Cash $ 117,442,991 3.89
Loans and Notes Payable from Third Parties $ 605,895,702 20.06 ASSETS
% of Total
Assets
Investments 335,198,593 11.10
California Finance Lenders Loan Receivables 169,063,940 5.60 Other Receivables 1,193,981,260 39.52
Reserves and Withholds by Banks and Finance Companies 6,070,403 0.20 Real and Personal Property (Net) 152,800,879 5.06
Prepaid Expenses and Deferred Charges 7,120,541 0.24
Commissions Receivables 2,137,590 0.07
Other Assets 1,037,184,133 34.33
Total Assets $ 3,021,000,329 100.00

LIABILITIES AND NET WORTH
% of Total
Liabilities
and
Net Worth
Loans and Notes Payable from Parent Companies, Affiliates, etc. 396,839,834 13.14 Bonds, Debentures, and Certificates of Indebtedness 486,035,955 16.09 Accounts Payable 167,928,775 5.56
Dealers’ Reserves and Withholds 1,422,492 0.05
Accrued Taxes Other Than Income Tax 2,183,353 0.07
Reserve for Income Taxes 30,926,020 1.02
Credit Insurance Premiums Due Insurer 303,982 0.01
Other Liabilities and Accruals 819,325,513 27.12
2,510,861,626
510,138,703

83.11 16.89
Total Liabilities and Net Worth $ 3,021,000,329 100.00
Net Worth
Total Liabilities
California Department of Financial Protection and Innovation 7 Exhibit B
California Finance Lenders
Analysis of Loans and Receivables Outstanding
As of December 31, 2020
($ in thousands)
CALIFORNIA FINANCE LENDERS LOAN RECEIVABLES Aggregate
Balance
% of
Subtotal
Consumer Loans 49,834,842 28.66
Commercial Loans 124,043,938 71.34
Subtotal $ 173,878,780 100.00
Less: Unearned Pre-computed Charges 834,920
Allowance for Bad Debts $ 3,979,338
Net California Finance Lenders Loan Receivables $ 169,064,522

OTHER RECEIVABLES

Sales Contracts $ 360,239,039 29.22
Leases (True Leases) 151,074,813 12.25
Factoring 6,444,386 0.52
Other 715,219,090 58.01
Subtotal $ 1,232,977,328 100.00
Less: Unearned Pre-computed Charges 15,625,416
Allowance for Bad Debts 23,370,652
Net California Finance Lenders Loan Receivables $ 1,193,981,260 California Department of Financial Protection and Innovation 8 Exhibit C
California Financing Law Licensees
Statement of Income and Expenses
Calendar Year 2020
($ in thousands)
INCOME
Gross Income of California Financing Law Licensees from Loans Made and Brokered Loans
Gross Income from All Other Businesses and Sources
Total Gross Income

EXPENSES
Loss on Loans Receivable
Professional Audit and Accounting Services
Insurance and Bond Premiums
Legal Services and Expenses
Occupancy Expenses
Provision for Bad Debt Allowance
Salaries and Bonuses: Employees
Salaries and Bonuses: Owners, Partners, Executives
Depreciation
License Fees and Taxes
Telephone and Utilities
Advertising and Promotions
Other Expenses
Total Expenses Before Interest and Income Taxes
Income or Loss Before Interest and Income Taxes
Less: Interest Paid to Bona Fide Third Parties
Interest Paid to Parent Company, Affiliates and Others
Income or Loss Before Income Taxes
Less: Provision for Income Taxes
Net Income or (Loss)

0.25 1.45
% of
Total
Income
$ 4.90

95.10 19,013,024
369,174,497
$ 388,187,521
$
100.00

1.54 0.13

0.34 0.67

3.37 10.60

0.49 8.16

0.29 0.16

44.54 72.00

28.00 5,991,763
988,310
494,905
1,320,256
2,595,738
13,092,138
41,162,317
1,887,664
31,681,910
1,112,407
639,012
5,614,275
172,914,814
$

6.68 279,495,509
$

19.15 0.94
108,692,012

18.21 25,934,255
8,428,364
$ 74,329,393
3,635,453
$ 70,693,940
California Department of Financial Protection and Innovation 9 Exhibit D
California Financing Law Licensees
Analysis of Income Received
Calendar Year 2020
($ in thousands)
Loans Loans

CFL LOANS MADE

AND CFL-BROKERED LOANS
Under
$2,500
$2,500 and
Over Total

CONSUMER LOANS
Charges Earned on Loans $ 271,168 $ 6,053,580 $ 6,324,748 Collection from Charged-Off Accounts 674 73,905 74,579
Income from Credit Insurance 14 3,243 3,257
Other Insurance Commissions 0 2,846 2,846
Administrative Fees 1,238 288,334 289,572
Commissions from Loan Brokering 32,459 485,005 517,464
Other Income 16,687 1,123,263 1,139,950
Income from Consumer Loans $ 322,240 $ 8,030,176 $ 8,352,416

COMMERCIAL LOANS
Charges Earned on Loans $ 9,333,266
Collection from Charged-Off Accounts 31,835
Income from Credit Insurance 1,089
Other Insurance Commissions 877
Commissions from Loan Brokering 96,612
Other Income 1,196,928
Income from Commercial Loans $ 10,660,607
Total Income from All Loans $ 19,013,023

ALL OTHER BUSINESS AND SOURCES

Charges Earned on Loans $ 153,708,459
Other Interest or Return on Investments 9,833,507
Collection from Charged-Off Accounts 2,972,290
Income from Credit Insurance 20,666
Other Insurance Commissions 9,879,871
Other Income Relating to Loans 192,759,704
Total Income from All Other Business and Sources $ 369,174,497 California Department of Financial Protection and Innovation 10 Exhibit E
California Finance Lenders Loans
Made or Refinanced by Size
Calendar Year 2020
($ in thousands)
Size of Loans
Number of
Loans
% of Total
Number Principal Amount
% of Total
Amount

CONSUMER LOANS
$ 499 or less 11,021,521 92.39 $ 1,142,677 1.02
500 to 1,999 259,225 2.17 195,805 0.17
2,000 to 2,499 13,477 0.11 29,673 0.03
2,500 to 4,999 110,131 0.92 380,328 0.34
5,000 to 9,999 139,638 1.17 996,845 0.89
10,000 or more 385,649 3.23 109,419,563 97.55
Total Consumer Loans Made 11,929,641 100.00 $ 112,164,891 100.00

COMMERCIAL LOANS
$5,000 or more 706,228 100.00 $ 160,415,726 100.00
Total Commercial Loans Made 706,228 100.00 $ 160,415,726 100.00 Total Loans Made, All Categories 12,635,869

$ 272,580,617

California Department of Financial Protection and Innovation 11 Exhibit F
California Finance Lenders
Loans Made or Refinanced by Type of Security
Calendar Year 2020
($ in thousands)
Type of Security

CONSUMER LOANS
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount
LOANS UNDER $2,500
Unsecured 11,271,385 99.80 $ 1,345,790 98.37
Personal Property 887 0.01 1,406 0.10
Automobiles & Other Motor Vehicles 146 0.00 264 0.02
Auto Title Loans 67 0.00 107 0.01
Wage Assignments 66 0.00 150 0.01
Other Security 21,672 0.19 20,437 1.49
Total Loans Made 11,294,223 100.00 $ 1,368,154 100.00
LOANS OF $2,500 TO $4,999
Unsecured 93,381 84.79 $ 319,038 83.88
Personal Property 2,291 2.08 8,425 2.22
Automobiles & Other Motor Vehicles 4,726 4.29 18,466 4.86 Auto Title Loans 3,557 3.23 11,369 2.99
Wage Assignments 0 0.00 0 0.00
Other Security 6,176 5.61 23,031 6.06
Total Loans Made 110,131 100.00 $ 380,328 100.00
LOANS OF $5,000 TO $9,999
Unsecured 115,867 82.98 $ 822,744 82.53
Personal Property 2,381 1.71 15,868 1.59
Automobiles & Other Motor Vehicles 19,090 13.67 142,545 14.30 Auto Title Loans 1,973 1.41 13,281 1.33
Wage Assignments 0 0.00 0 0.00
Real Property 202 0.14 1,525 0.15
Other Security 125 0.09 883 0.09
Total Loans Made 139,638 100.00 $ 996,846 100.00
LOANS OF $10,000 AND MORE
Unsecured 54,483 14.13 $ 5,514,547 5.04
Personal Property 22,399 5.81 1,447,260 1.32
Automobiles & Other Motor Vehicles 42,679 11.07 969,105 0.89 Auto Title Loans 397 0.10 6,161 0.01
Wage Assignments 0 0.00 0 0.00
Real Property 261,575 67.83 101,040,364 92.34
Other Security 4,116 1.07 442,126 0.40
Total Loans Made 385,649 100.00 $ 109,419,563 100.00
Total Consumer Loans Made 11,929,641 $ 112,164,893
California Department of Financial Protection and Innovation 12 Exhibit F (continued)
California Finance Lenders
Loans Made or Refinanced by Type of Security
Calendar Year 2020
($ in thousands)
Type of Security

ALL CONSUMER LOANS
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount
Unsecured 11,535,116 96.69 $ 8,002,120 7.13
Personal Property 27,958 0.23 1,472,959 1.31
Automobiles & Other Motor Vehicles 66,641 0.56 1,130,380 1.01 Auto Title Loans 5,994 0.05 30,918 0.03
Wage Assignments 66 0.00 150 0.00
Real Property 261,777 2.19 101,041,889 90.08
Other Security 32,089 0.27 486,477 0.43
Total Consumer Loans Made 11,929,641 100.00 $ 112,164,893 100.00 California Department of Financial Protection and Innovation 13 Exhibit F (continued)
California Finance Lenders
Loans Made or Refinanced by Type of Security
Calendar Year 2020
($ in thousands)
Type of Security

COMMERCIAL LOANS
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount
Unsecured 61,015 8.64 $ 6,306,529 3.93
Personal Property 3,465 0.49 2,009,186 1.25
Automobiles & Other Motor Vehicles 528,333 74.81 41,881,984 26.11 Business Equipment 28,307 4.01 9,401,307 5.86
Real Property 26,807 3.80 74,023,118 46.14
Other Security 58,301 8.26 26,793,603 16.70
Total Commercial Loans Made 706,228 100.00 $ 160,415,727 100.00 Total Loans Made, All Categories 12,635,869 $ 272,580,620 California Department of Financial Protection and Innovation 14 Exhibit G
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Rate Charged
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount

CONSUMER LOANS
LOANS UNDER $2,500
Step Rate:

2.5, 2, 1.5, 1% per month 115,016

$ 33,155

Alternate Rate:

1.6% per month 56

75 Federal Reserve Bank Rate plus 10% 0 0
Other Rates:

Up to 14.999 APR 10,951,228 96.96 $ 1,173,187 85.75

15.000 to 19.999 APR 51,825 0.46 34,548 2.53

20.000 to 24.999 APR 30,551 0.27 14,213 1.04

25.000 to 29.999 APR 1,014 0.01 963 0.07

30.000 to 34.999 APR 82,561 0.73 20,781 1.52

35.000 to 39.999 APR 59,567 0.53 58,652 4.29

40.000 to 69.999 APR 94,546 0.84 59,186 4.33

70.000 to 99.999 APR 19,193 0.17 5,353 0.39
100.000 or More APR 3,614 0.03 983 0.07
Variable Rate 124 0.00 289 0.02
Total Loans Made 11,294,223 100.00 $ 1,368,155 100.00
LOANS OF $2,500 TO $4,999
Up to 14.999 APR 3,185 2.89 $ 11,266 2.96

15.000 to 19.999 APR 4,366 3.96 15,753 4.14

20.000 to 24.999 APR 1,678 1.52 6,035 1.59

25.000 to 29.999 APR 4,587 4.17 16,950 4.46

30.000 to 34.999 APR 12,622 11.46 41,106 10.81

35.000 to 39.999 APR 81,807 74.28 283,288 74.49

40.000 to 69.999 APR 1,821 1.65 5,734 1.51

70.000 to 99.999 APR 49 0.04 148 0.04
100.000 or More APR 15 0.01 45 0.01
Variable Rate 1 0.00 3 0.00
Total Loans Made 110,131 100.00 $ 380,328 100.00
California Department of Financial Protection and Innovation 15 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Rate Charged
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount

CONSUMER LOANS
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 3,334 2.39 $ 23,492 2.36

15.000 to 19.999 APR 1,330 0.95 9,402 0.94

20.000 to 24.999 APR 4,372 3.13 33,262 3.34

25.000 to 29.999 APR 9,852 7.06 78,359 7.86

30.000 to 34.999 APR 38,412 27.51 295,298 29.62

35.000 to 39.999 APR 82,196 58.86 556,115 55.79

40.000 to 69.999 APR 19 0.01 122 0.01

70.000 to 99.999 APR 62 0.04 388 0.04
100.000 or More APR 21 0.02 110 0.01
Variable Rate 40 0.03 298 0.03
Total Loans Made 139,638 100.00 $ 996,846 100.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 332,840 86.31 $ 107,393,236 98.15

15.000 to 19.999 APR 7,134 1.85 153,612 0.14

20.000 to 24.999 APR 11,395 2.95 189,017 0.17

25.000 to 29.999 APR 6,203 1.61 81,963 0.07

30.000 to 34.999 APR 6,111 1.58 84,100 0.08

35.000 to 39.999 APR 17,268 4.48 221,847 0.20

40.000 to 69.999 APR 119 0.03 1,948 0.00

70.000 to 99.999 APR 755 0.20 8,723 0.01
100.000 or More APR 1,759 0.46 652,776 0.60
Variable Rate 2,065 0.54 632,339 0.58
Total Loans Made 385,649 100.00 $ 109,419,561 100.00
Total Consumer Loans Made 11,929,641 $ 112,164,890
California Department of Financial Protection and Innovation 16 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Rate Charged
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount

COMMERCIAL LOANS
Up to 14.999 APR 623,648 88.31 $ 129,582,767 80.78

15.000 to 19.999 APR 36,785 5.21 1,736,479 1.08

20.000 to 24.999 APR 3,467 0.49 394,623 0.25

25.000 to 29.999 APR 4,690 0.66 299,726 0.19

30.000 to 34.999 APR 1,767 0.25 177,112 0.11

35.000 to 39.999 APR 1,370 0.19 84,914 0.05

40.000 to 69.999 APR 5,213 0.74 218,119 0.14

70.000 to 99.999 APR 3,032 0.43 138,636 0.09
100.000 or More APR 6,868 0.97 1,183,531 0.74
Variable Rate 19,388 2.75 26,599,819 16.58
Total Commercial Loans Made 706,228 100.00 $ 160,415,726 100.00 Total Loans Made, All Categories 12,635,869 $ 272,580,616 California Department of Financial Protection and Innovation 17 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Rate Charged
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount

CONSUMER LOANS - UNSECURED
LOANS UNDER $2,500
Step Rate:

2.5, 2, 1.5, 1% per month 115,004 $ 33,134
Alternate Rate:

1.6% per month 53 74
Federal Reserve Bank Rate plus 10% 0 0
Other Rates:

Up to 14.999 APR 10,947,030 97.12 $ 1,168,716 86.84

15.000 to 19.999 APR 34,043 0.30 18,140 1.35

20.000 to 24.999 APR 29,858 0.26 13,073 0.97

25.000 to 29.999 APR 997 0.01 937 0.07

30.000 to 34.999 APR 82,549 0.73 20,766 1.54

35.000 to 39.999 APR 59,556 0.53 58,637 4.36

40.000 to 69.999 APR 94,545 0.84 59,185 4.40

70.000 to 99.999 APR 19,193 0.17 5,353 0.40
100.000 or More APR 3,614 0.03 983 0.07
Variable Rate 0 0.00 0 0.00
Total Loans Made 11,271,385 100.00 $ 1,345,790 100.00
LOANS OF $2,500 TO $4,999
Up to 14.999 APR 1,877 2.01 $ 6,482 2.03

15.000 to 19.999 APR 1,401 1.50 4,622 1.45

20.000 to 24.999 APR 766 0.82 2,678 0.84

25.000 to 29.999 APR 1,797 1.92 6,417 2.01

30.000 to 34.999 APR 11,037 11.82 35,061 10.99

35.000 to 39.999 APR 74,745 80.04 258,228 80.94

40.000 to 69.999 APR 1,750 1.87 5,528 1.73

70.000 to 99.999 APR 5 0.01 15 0.00
100.000 or More APR 2 0.00 5 0.00
Variable Rate 1 0.00 3 0.00
Total Loans Made 93,381 100.00 $ 319,039 100.00
California Department of Financial Protection and Innovation 18 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - UNSECURED
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 2,445 2.11 $ 17,216 2.09

15.000 to 19.999 APR 907 0.78 6,060 0.74

20.000 to 24.999 APR 968 0.84 6,768 0.82

25.000 to 29.999 APR 6,992 6.03 57,160 6.95

30.000 to 34.999 APR 33,631 29.03 260,081 31.61

35.000 to 39.999 APR 70,868 61.16 475,096 57.75

40.000 to 69.999 APR 3 0.00 18 0.00

70.000 to 99.999 APR 2 0.00 10 0.00
100.000 or More APR 17 0.01 88 0.01
Variable Rate 34 0.03 247 0.03
Total Loans Made 115,867 100.00 $ 822,744 100.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 36,710 67.38 $ 5,171,164 93.77

15.000 to 19.999 APR 1,374 2.52 35,287 0.64

20.000 to 24.999 APR 850 1.56 12,399 0.22

25.000 to 29.999 APR 2,645 4.85 27,897 0.51

30.000 to 34.999 APR 1,264 2.32 15,802 0.29

35.000 to 39.999 APR 10,074 18.49 125,821 2.28

40.000 to 69.999 APR 1 0.00 10 0.00

70.000 to 99.999 APR 689 1.26 7,892 0.14
100.000 or More APR 100 0.18 1,010 0.02
Variable Rate 776 1.42 117,265 2.13
Total Loans Made 54,483 100.00 $ 5,514,547 100.00
Total Unsecured
Consumer Loans Made 11,535,116 $ 8,002,120
California Department of Financial Protection and Innovation 19 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - PERSONAL PROPERTY (HOUSEHOLD ITEMS)
LOANS UNDER $2,500
Step Rate:

2.5, 2, 1.5, 1% per month 0 $ 0
Alternate Rate:

1.6% per month 0 0
Federal Reserve Bank Rate plus 10% 0 0
Other Rates:

Up to 14.999 APR 234 26.38 $ 374 26.60

15.000 to 19.999 APR 95 10.71 143 10.17

20.000 to 24.999 APR 554 62.46 883 62.80

25.000 to 29.999 APR 4 0.45 6 0.43

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 887 100.00 $ 1,406 100.00
LOANS OF $2,500 TO $4,999
Up to 14.999 APR 207 9.04 $ 748 8.88

15.000 to 19.999 APR 63 2.75 235 2.79

20.000 to 24.999 APR 525 22.92 1,854 22.01

25.000 to 29.999 APR 59 2.58 226 2.68

30.000 to 34.999 APR 275 12.00 1,008 11.96

35.000 to 39.999 APR 1,162 50.72 4,354 51.68

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 2,291 100.00 $ 8,425 100.00
California Department of Financial Protection and Innovation 20 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - PERSONAL PROPERTY (HOUSEHOLD ITEMS)
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 332 13.94 $ 2,138 13.47

15.000 to 19.999 APR 3 0.13 23 0.14

20.000 to 24.999 APR 242 10.16 1,636 10.31

25.000 to 29.999 APR 52 2.18 340 2.14

30.000 to 34.999 APR 340 14.28 2,260 14.24

35.000 to 39.999 APR 1,412 59.30 9,471 59.69

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 2,381 100.00 $ 15,868 100.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 20,629 92.10 $ 794,549 54.90

15.000 to 19.999 APR 22 0.10 1,683 0.12

20.000 to 24.999 APR 45 0.20 787 0.05

25.000 to 29.999 APR 24 0.11 580 0.04

30.000 to 34.999 APR 7 0.03 76 0.01

35.000 to 39.999 APR 25 0.11 280 0.02

40.000 to 69.999 APR 4 0.02 213 0.01

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 1,643 7.34 649,093 44.85
Variable Rate 0 0.00 0 0.00
Total Loans Made 22,399 100.00 $ 1,447,261 100.00
Total Personal Property
Consumer Loans Made 27,958 $ 1,472,960
California Department of Financial Protection and Innovation 21 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - AUTOMOBILES AND OTHER MOTOR VEHICLES
LOANS UNDER $2,500
Step Rate:

2.5, 2, 1.5, 1% per month 0 $ 0
Alternate Rate:

1.6% per month 0 0
Federal Reserve Bank Rate plus 10% 0 0
Other Rates:

Up to 14.999 APR 10 6.85 $ 19 7.20

15.000 to 19.999 APR 9 6.16 17 6.44

20.000 to 24.999 APR 118 80.82 214 81.06

25.000 to 29.999 APR 3 2.05 5 1.89

30.000 to 34.999 APR 3 2.05 6 2.27

35.000 to 39.999 APR 2 1.37 3 1.14

40.000 to 69.999 APR 1 0.68 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 146 100.00 $ 264 100.00
LOANS OF $2,500 TO $4,999
Up to 14.999 APR 18 0.38 $ 66 0.36

15.000 to 19.999 APR 47 0.99 183 0.99

20.000 to 24.999 APR 319 6.75 1,241 6.72

25.000 to 29.999 APR 526 11.13 2,103 11.39

30.000 to 34.999 APR 1,270 26.87 4,899 26.53

35.000 to 39.999 APR 2,543 53.81 9,963 53.95

40.000 to 69.999 APR 3 0.06 11 0.06

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 4,726 100.00 $ 18,466 100.00
California Department of Financial Protection and Innovation 22 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - AUTOMOBILES AND OTHER MOTOR VEHICLES
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 317 1.66 $ 2,366 1.66

15.000 to 19.999 APR 408 2.14 3,241 2.27

20.000 to 24.999 APR 3,128 16.39 24,642 17.29

25.000 to 29.999 APR 2,790 14.61 20,731 14.54

30.000 to 34.999 APR 4,383 22.96 32,561 22.84

35.000 to 39.999 APR 8,064 42.24 59,003 41.39

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 19,090 100.00 $ 142,544 100.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 11,201 26.24 $ 467,969 48.29

15.000 to 19.999 APR 5,719 13.40 113,483 11.71

20.000 to 24.999 APR 10,474 24.54 173,896 17.94

25.000 to 29.999 APR 3,519 8.25 53,111 5.48

30.000 to 34.999 APR 4,747 11.12 66,735 6.89

35.000 to 39.999 APR 7,019 16.45 93,911 9.69

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 42,679 100.00 $ 969,105 100.00
Total Automobiles & Other Motor
Vehicles Consumer Loans Made 66,641 $ 1,130,379
California Department of Financial Protection and Innovation 23 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Rate Charged
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount

CONSUMER LOANS - AUTO TITLE LOANS
LOANS UNDER $2,500
Step Rate:

2.5, 2, 1.5, 1% per month 0 $ 0
Alternate Rate:

1.6% per month 0 0
Federal Reserve Bank Rate plus 10% 0 0
Other Rates:

Up to 14.999 APR 20 29.85 $ 31 29.25

15.000 to 19.999 APR 2 2.99 4 3.77

20.000 to 24.999 APR 17 25.37 36 33.96

25.000 to 29.999 APR 10 14.93 14 13.21

30.000 to 34.999 APR 9 13.43 9 8.49

35.000 to 39.999 APR 9 13.43 12 11.32

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 67 100.00 $ 106 100.00
LOANS OF $2,500 TO $4,999
Up to 14.999 APR 11 0.31 $ 36 0.32

15.000 to 19.999 APR 7 0.20 22 0.19

20.000 to 24.999 APR 40 1.12 153 1.35

25.000 to 29.999 APR 7 0.20 25 0.22

30.000 to 34.999 APR 32 0.90 107 0.94

35.000 to 39.999 APR 3,335 93.76 10,659 93.75

40.000 to 69.999 APR 68 1.91 194 1.71

70.000 to 99.999 APR 44 1.24 133 1.17
100.000 or More APR 13 0.37 40 0.35
Variable Rate 0 0.00 0 0.00
Total Loans Made 3,557 100.00 $ 11,369 100.00
California Department of Financial Protection and Innovation 24 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Rate Charged

CONSUMER LOANS - AUTO TITLE LOANS
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 11 0.56 $ 73 0.55

15.000 to 19.999 APR 10 0.51 66 0.50

20.000 to 24.999 APR 34 1.72 216 1.63

25.000 to 29.999 APR 15 0.76 100 0.75

30.000 to 34.999 APR 23 1.17 140 1.05

35.000 to 39.999 APR 1,800 91.23 12,183 91.73

40.000 to 69.999 APR 16 0.81 104 0.78

70.000 to 99.999 APR 60 3.04 378 2.85
100.000 or More APR 4 0.20 22 0.17
Variable Rate 0 0.00 0 0.00
Total Loans Made 1,973 100.00 $ 13,282 100.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 22 5.54 $ 619 10.05

15.000 to 19.999 APR 10 2.52 210 3.41

20.000 to 24.999 APR 21 5.29 396 6.43

25.000 to 29.999 APR 8 2.02 134 2.18

30.000 to 34.999 APR 60 15.11 1,051 17.06

35.000 to 39.999 APR 85 21.41 1,012 16.43

40.000 to 69.999 APR 114 28.72 1,725 28.00

70.000 to 99.999 APR 66 16.62 831 13.49
100.000 or More APR 11 2.77 182 2.95
Variable Rate 0 0.00 0 0.00
Total Loans Made 397 100.00 $ 6,160 100.00
Total Auto Title
Consumer Loans Made 5,994 $ 30,917
California Department of Financial Protection and Innovation 25 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Rate Charged
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Amount

CONSUMER LOANS - WAGE ASSIGNMEN T
LOANS UNDER $2,500
Step Rate:

2.5, 2, 1.5, 1% per month 0 $ 0
Alternate Rate:

1.6% per month 0 0
Federal Reserve Bank Rate plus 10% 0 0
Other Rates:

Up to 14.999 APR 66 100.00 $ 150 100.00

15.000 to 19.999 APR 0 0.00 0 0.00

20.000 to 24.999 APR 0 0.00 0 0.00

25.000 to 29.999 APR 0 0.00 0 0.00

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 66 100.00 $ 150 100.00
LOANS OF $2,500 TO $4,999
Up to 14.999 APR 0 0.00 $ 0 0.00

15.000 to 19.999 APR 0 0.00 0 0.00

20.000 to 24.999 APR 0 0.00 0 0.00

25.000 to 29.999 APR 0 0.00 0 0.00

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 0 0.00 $ 0 0.00
California Department of Financial Protection and Innovation 26 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - WAGE ASSIGNMENT
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 0 0.00 $ 0 0.00

15.000 to 19.999 APR 0 0.00 0 0.00

20.000 to 24.999 APR 0 0.00 0 0.00

25.000 to 29.999 APR 0 0.00 0 0.00

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 0 0.00 $ 0 0.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 0 0.00 $ 0 0.00

15.000 to 19.999 APR 0 0.00 0 0.00

20.000 to 24.999 APR 0 0.00 0 0.00

25.000 to 29.999 APR 0 0.00 0 0.00

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 0 0.00 $ 0 0.00
Total Wage Assignment
Consumer Loans Made 66 $ 150
California Department of Financial Protection and Innovation 27 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - REAL PROPERTY
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 196 97.03 $ 1,474 96.66

15.000 to 19.999 APR 0 0.00 0 0.00

20.000 to 24.999 APR 0 0.00 0 0.00

25.000 to 29.999 APR 0 0.00 0 0.00

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 6 2.97 51 3.34
Total Loans Made 202 100.00 $ 1,525 100.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 260,283 99.51 $ 100,532,491 99.50

15.000 to 19.999 APR 0 0.00 0 0.00

20.000 to 24.999 APR 0 0.00 0 0.00

25.000 to 29.999 APR 0 0.00 0 0.00

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 5 0.00 2,491 0.00
Variable Rate 1,287 0.49 505,382 0.50
Total Loans Made 261,575 100.00 $ 101,040,364 100.00
Total Real Property
Consumer Loans Made 261,777 $ 101,041,889
California Department of Financial Protection and Innovation 28 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - OTHER SECURITIES
LOANS UNDER $2,500
Step Rate:

2.5, 2, 1.5, 1% per month 12 $ 21
Alternate Rate:

1.6% per month 3 1
Federal Reserve Bank Rate plus 10% 0 0
Other Rates:

Up to 14.999 APR 3,868 17.85 $ 3,896 19.06

15.000 to 19.999 APR 17,676 81.56 16,245 79.49

20.000 to 24.999 APR 4 0.02 7 0.03

25.000 to 29.999 APR 0 0.00 0 0.00

30.000 to 34.999 APR 0 0.00 0 0.00

35.000 to 39.999 APR 0 0.00 0 0.00

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 124 0.57 289 1.41
Total Loans Made 21,672 100.00 $ 20,437 100.00
LOANS OF $2,500 TO $4,999
Up to 14.999 APR 1,072 17.36 $ 3,935 17.09

15.000 to 19.999 APR 2,848 46.11 10,690 46.42

20.000 to 24.999 APR 28 0.45 109 0.47

25.000 to 29.999 APR 2,198 35.59 8,180 35.52

30.000 to 34.999 APR 8 0.13 32 0.14

35.000 to 39.999 APR 22 0.36 85 0.37

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 6,176 100.00 $ 23,031 100.00
California Department of Financial Protection and Innovation 29 Exhibit G (continued)
California Finance Lenders
Loans Made or Refinanced by Rate Charged
Calendar Year 2020
($ in thousands)
Number of
Loans
% of Total
Number
Principal
Amount
% of Total
Rate Charged Amount

CONSUMER LOANS - OTHER SECURITIES
LOANS OF $5,000 TO $9,999
Up to 14.999 APR 33 26.40 $ 225 25.51

15.000 to 19.999 APR 2 1.60 12 1.36

20.000 to 24.999 APR 0 0.00 0 0.00

25.000 to 29.999 APR 3 2.40 27 3.06

30.000 to 34.999 APR 35 28.00 255 28.91

35.000 to 39.999 APR 52 41.60 363 41.16

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 0 0.00 0 0.00
Total Loans Made 125 100.00 $ 882 100.00
LOANS OF $10,000 AND MORE
Up to 14.999 APR 3,995 97.06 $ 426,444 96.45

15.000 to 19.999 APR 9 0.22 2,948 0.67

20.000 to 24.999 APR 5 0.12 1,541 0.35

25.000 to 29.999 APR 7 0.17 242 0.05

30.000 to 34.999 APR 33 0.80 436 0.10

35.000 to 39.999 APR 65 1.58 823 0.19

40.000 to 69.999 APR 0 0.00 0 0.00

70.000 to 99.999 APR 0 0.00 0 0.00
100.000 or More APR 0 0.00 0 0.00
Variable Rate 2 0.05 9,691 2.19
Total Loans Made 4,116 100.00 $ 442,125 100.00
Total Other Securities
Consumer Loans Made 32,089 $ 486,475
California Department of Financial Protection and Innovation 30 Exhibit H
California Finance Lenders
Schedule of Loan Activity
Calendar Year 2020
($ in thousands)
Table 3: Consumer Loans Serviced - Unsecured and Personal Property Unsecured
Number of
Loans
Principal
Amount
Personal
Number of
Loans
Property
Principal
Amount
Loans Outstanding at Prior
Year End 12/31/2019 1,450,951 $10,082,315 103,120 $2,618,333 Loans Outstanding at Year End
12/31/2020 3,615,542 $8,921,018 121,365 $2,893,084
Loans with One or More Past
Due Payments Which are Past
Due 30 or More Days at
12/31/2020 779,218 $291,576 1,586 $42,801
Table 4: Current Year Loan Activity - Unsecured and Personal Property Unsecured Personal Property
Number of
Loans
Principal
Amount
Number of
Loans
Principal
Amount
Number of Loans Charged One
or More Late Fees 540,933 6,832
Total Late Fees Collected 798,347 $10,631 5,644 $225
Total Number of
Repossessions Conducted 0 63
Total Number of Loans
Reinstated 20,516 2
Total Number of Collateral
Redeemed 0 141
Total Collateral Sales Resulting
in a Deficiency Balance 0 $0 38 $296
Total Collateral Sales Resulting
in a Surplus Balance 0 $0 5 $302
Total Charge-offs 500,328 $498,918 5,341 $50,759
Average Contracted Term of
Loan (In Months) 37 114
California Department of Financial Protection and Innovation 31 Exhibit H (continued)
California Finance Lenders
Schedule of Loan Activity
Calendar Year 2020
($ in thousands)
Table 5: Consumer Loans Serviced - Automobiles & Other Motor Vehicles and Auto Title Loans Automobiles and
Other Motor Vehicles Auto Title Loans
Number of
Loans
Principal
Amount
Number of
Loans
Principal
Amount
Loans Outstanding at Prior
Year End 12/31/2019 1,609,563 $25,872,276 113,988 $383,066 Loans Outstanding at Year End
12/31/2020 330,649 $3,872,827 49,979 $154,473
Loans with One or More Past
Due Payments Which are Past
Due 30 or More Days at
12/31/2020 1,036,736 $103,762 2,857 $10,560
Table 6: Current Year Loan Activity - Automobiles & Other Motor Vehicles and Auto Title Loans Automobiles and
Other Motor Vehicles Auto Title Loans
Number of
Loans
Principal
Amount
Number of
Loans
Principal
Amount
Number of Loans Charged One
or More Late Fees 137,461 16,396
Total Late Fees Collected 109,739 $3,846 64,071 $1,012
Total Number of
Repossessions Conducted 5,345 9,382
Total Number of Loans
Reinstated 630 1,248
Total Number of Collateral
Redeemed 352 781
Total Collateral Sales Resulting
in a Deficiency Balance 2,819 $26,626 5,979 $9,672
Total Collateral Sales Resulting
in a Surplus Balance 20 $68 109 $548
Total Charge-offs 9,776 $118,071 10,872 $33,623
Average Contracted Term of
Loan (In Months) 55 28
California Department of Financial Protection and Innovation 32 Exhibit H (continued)
California Finance Lenders
Schedule of Loan Activity
Calendar Year 2020
($ in thousands)
Table 7: Consumer Loans Serviced - Real Property and Other Security Real
Number of
Loans
Property
Principal
Amount
Other
Number of
Loans
Security
Principal
Amount
Loans Outstanding at Prior
Year End 12/31/2019 222,894 $69,376,998 44,935 $7,227,669 Loans Outstanding at Year End
12/31/2020 336,603 $106,566,433 56,242 $7,689,384
Loans with One or More Past
Due Payments Which are Past
Due 30 or More Days at
12/31/2020 29,478 $9,705,671 2,080 $557,145
Table 8: Current Year Loan Activity - Real Property and Other Security Real Property Other Security
Number of
Loans
Principal
Amount
Number of
Loans
Principal
Amount
Number of Loans Charged
One or More Late Fees 70,566 12,332
Total Late Fees Collected 72,686 $11,831 11,531 $1,239
Total Number of Foreclosures/
Repossessions Conducted 343 104
Total Number of Loans
Reinstated 2,163 109
Total Number of Collateral
Redeemed 493 27
Total Collateral Sales Resulting
in a Deficiency Balance 329 $46,629 96 $1,504
Total Collateral Sales Resulting
in a Surplus Balance 77 $7,858 65 $4,511
Total Charge-offs 36 $3,182 9,514 $4,468
Average Contracted Term of
Loan (In Months) 267 100
California Department of Financial Protection and Innovation 33 Exhibit I
California Finance Lenders
Default Rate by Security Type and Size of Loan
As of December 31, 2020
Table 9: Consumer Loans Under $2,500
Unsecured
Personal
Property
Automobiles &
Other Motor
Vehicles
Auto Title
Loans
Total # of Charge-Offs 394,195 352 572 5
Total # of Loans Outstanding 3,887,481 2,290 1,332 62
Current Loans 3,623,240 2,205 1,079 48
1 Payment Past Due 91,591 30 143 4
2 Payments Past Due 68,829 16 33 10
3 or More Payments Past Due 103,821 39 77 0
Wage
Assignments
Other
Security Totals
Total # of Charge-Offs 0 9,096 404,220
Total # of Loans Outstanding 0 13,341 3,904,506
Current Loans 0 10,880 3,637,452
1 Payment Past Due 0 859 92,627
2 Payments Past Due 0 538 69,426
3 or More Payments Past Due 0 1,064 105,001
Table 10: Consumer Loans $2,500 to $4,999
Unsecured
Personal
Property
Automobiles &
Other Motor
Vehicles
Auto Title
Loans
Total # of Charge-Offs 74,576 860 791 9,345
Total # of Loans Outstanding 217,711 6,624 7,228 34,224 Current Loans 173,907 6,392 6,510 27,683
1 Payment Past Due 19,418 70 413 3,736
2 Payments Past Due 6,928 29 102 1,305
3 or More Payments Past Due 17,458 133 203 1,500
Wage
Assignments
Other
Security Totals
Total # of Charge-Offs 0 378 85,950
Total # of Loans Outstanding 0 6,336 272,123
Current Loans 0 5,732 220,224
1 Payment Past Due 0 351 23,988
2 Payments Past Due 0 78 8,442
3 or More Payments Past Due 0 175 19,469
California Department of Financial Protection and Innovation 34 Exhibit I (continued)
California Finance Lenders
Default Rate by Security Type and Size of Loan
As of December 31, 2020
Table 11: Consumer Loans $5,000 to $9,999
Unsecured
Personal
Property
Automobiles &
Other Motor
Vehicles
Auto Title
Loans
Total # of Charge-Offs 26,986 970 1,410 1,289
Total # of Loans Outstanding 250,107 17,321 22,844 9,752 Current Loans 208,925 16,895 21,141 8,028
1 Payment Past Due 22,192 94 963 1,104
2 Payments Past Due 6,428 99 259 271
3 or More Payments Past Due 12,562 233 481 349
Wage
Assignments Real Property Other Security Totals
Total # of Charge-Offs 0 2 8 30,665
Total # of Loans Outstanding 0 1,552 231 301,807
Current Loans 0 1,493 200 256,682
1 Payment Past Due 0 0 7 24,360
2 Payments Past Due 0 27 5 7,089
3 or More Payments Past Due 0 32 19 13,676
Table 12: Consumer Loans $10,000 or More
Unsecured
Personal
Property
Automobiles &
Other Motor
Vehicles
Auto Title
Loans
Total # of Charge-Offs 4,414 3,159 7,003 233
Total # of Loans Outstanding 103,384 113,117 191,725 1,972 Current Loans 100,202 111,726 184,076 1,587
1 Payment Past Due 1,611 730 4,604 234
2 Payments Past Due 531 317 1,539 59
3 or More Payments Past Due 1,040 344 1,506 92
Wage
Assignments Real Property Other Security Totals
Total # of Charge-Offs 0 34 32 14,875
Total # of Loans Outstanding 0 1,838,105 37,262 2,285,565 Current Loans 0 1,820,013 35,347 2,252,951
1 Payment Past Due 0 867 194 8,240
2 Payments Past Due 0 4,111 404 6,961
3 or More Payments Past Due 0 13,114 1,317 17,413
California Department of Financial Protection and Innovation 35 Exhibit J
California Finance Lenders
Loans Made Online by Type of Security
Calendar Year 2020
($ in thousands)
Table 13: Loans Made Online
Number of
Loans
% of Total
Number to All
CFL
Consumer
Number Principal Amount
% of Total
Amount to All
CFL
Consumer
Amount

CONSUMER LOANS
Real Property
Other Security
Total Consumer Loans Made
Type of Security
Unsecured ( Under $2,500) 11,068,317 98.59 $1,230,630 8.50 Unsecured ( $2,500 and Above)
Personal Property
Automobiles & Other Motor Vehicles
Auto Title Loans
Wage Assignments
89,580 0.80 $1,887,279 13.03
14,551 0.13 $483,401 3.34
6,070 0.05 $114,806 0.79
4,395 0.04 $22,534 0.16
0 0.00 $0 0.00
29,081 0.26 $10,723,331 74.06
14,405 0.13 $17,193 0.12
Type of Security
11,229,689
Number of
Loans
100.00
% of Total
Number to All
CFL
Commercial
Number
$14,479,174
Principal Amount
100.00
% of Total
Amount to All
CFL
Commercial
Amount

COMMERC
Unsecured
Personal Property
Automobiles & Other Motor Vehicles
Business Equipment
Other Security
Total Commercial Loans Made

IAL LOANS
16,230 45.06 $632,814 26.11
2,295 6.37 $204,062 8.42
3,643 10.11 $18,304 0.76
403 1.12 $109,191 4.51
Real Property 1,964 5.45 $817,939 33.75
11,481 31.88 $641,051 26.45
36,016 100.00 $2,423,361 100.00
Total Number of CFL Licensees Making Loans 1,525
Total Number of CFL Licensees Making Online Loans 127
% of CFL Licensees Making Online Loans 8.33%
Aggregate Principal Amount of All CFL Loans Made $ 272,580,617 Aggregate Principal Amount of Online CFL Loans Made $ 16,902,535 % of Online CFL Loans Made 6.20%
California Department of Financial Protection and Innovation 36 Exhibit K
(Revised January 2022)
Property Assessed Clean Energy (PACE) Program
Key Findings
Calendar Year 2020
With the signing of AB 1284 in October 2017, a licensing scheme was set forth for Property Assessed Clean Energy (PACE) program administrators. A “program administrator” is a person administering a PACE program on behalf of a public agency. A PACE program provides financing for the installation of energy-efficiency improvements on real property with funding repaid through property tax assessments, as authorized by specified laws.

As of December 31, 2020, the five licensed PACE program administrators have enrolled 4,513 PACE solicitors and 13,099 PACE solicitor agents.

Financial Code section 22692 (a) requires program administrators to file with the DFPI Commissioner annual reports that provide information related to their lending activities under the program.

Key Findings
• PACE program administrators reported gross income of $43,478,875 from PACE program assessment financing in 2020, representing a 30 percent decrease since 2019. • The total amount of assessment contracts funded by PACE program administrators was $332,517,305, representing a decrease of 8 percent since 2019. • The total number of PACE assessment contracts funded and originated in 2020 was 10,129, representing an 18 percent decrease since 2019.
• In 2020, the aggregated total fees and other charges assessed to property owners, including interest, was $82,549,973, representing a decrease of 1 percent since 2019. • A total of 231 PACE assessment contracts were canceled by consumers within three days of executions in 2020, representing a decrease of 61 percent since 2019. • A total of 3,218 PACE assessments were funded for HVAC systems, boilers, or other temperature regulation systems not in the case of emergency or immediate necessity, representing an increase of 66 percent since 2019.
• PACE program administrators reported making a total of six PACE assessments involving a case of emergency or immediate necessity under Financial Code section 22687 subdivision (e), meaning the program administrator did not determine and consider the current and reasonably expected income or assets of the property owner in accordance with Financial Code section 22687, subdivision (b), representing a decrease of 74 percent since 2019.

California Department of Financial Protection and Innovation 37 Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
Key Findings
Calendar Year 2020
• The reported estimated amount of greenhouse gas emissions reductions in 2020 was 188,688 metric tons (MT), representing 32 percent less reductions than reported in 2019. • Of the 10,129 PACE assessments funded in 2020, 50 percent were to residents with median household income between $60,000 to $79,999.
60%
50%
PACE Assessments Funded in 2020
50%
40%
30%
20%
10%
0%
$20,000 to
$39,999
$40,000 to
$59,999
$60,000 to
$79,999
$80,000 to
$99,999
$100,000 to
$119,999
$120,000 and
above
Median Household Income
Median household income data is based on the United States Census Bureau median household income from 2015 - 2019. • The number of jobs created during 2020 was estimated to be 3,310. • The program administrators provided the number of energy and water saving improvement products installed during 2020. However, not all the program administrators tracked the overall average efficiency rating, and whether these installed energy and water saving improvement products qualified for Energy Star program.
• Detail information required under S&H Code section 5954 is available by city, by county, and by ZIP code.
24%
15%
7%
2% 2%
California Department of Financial Protection and Innovation 38 Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
Licensing Data
Calendar Year 2020

Tulare City CouncilJuly 19, 2022

Tulare City Council
July 19, 2022