Tulare City Council
September 20, 2022

easements; construction of encroachments within such converted easements; conditions to be imposed for fencing of canal, ditch or pipeline easement areas; and agreements to enter into various joint projects;
NOW THEREFORE, the parties hereto covenant and agree as follows:

1. Acknowledgment of Reserved Right of District To Use City-owned Portions of Kaweah Ditch Pipeline. The parties acknowledge that although portions of the Kaweah Ditch were deeded to the City by Quitclaim Deed dated August 18, 1954, the District retained the right to use the Kaweah Ditch Pipeline to its full capacity for the conveyance of District's water. This reserved right is limited only by District's obligation under this Agreement to allow for the specified storm drain flows.

2. Use of District Facilities By City For Storm Drain Purposes. The District does hereby give and grant to the City the right and privilege of pumping water, or otherwise diverting water from its storm drain system, into the irrigation canals of the District running through the City, or along or near the boundary lines of the City, as follows:
a. That portion of the irrigation ditch or pipeline commonly known as the Kaweah Ditch Pipeline existing within the boundaries of the City of Tulare, as they may from time to time be modified;
b. That portion of the irrigation ditch commonly known as the Town Ditch existing within the boundaries of the City of Tulare, as they may from time to time be modified and
c. That portion of the irrigation ditch commonly known as the Railroad Ditch existing within the boundaries of the City of Tulare, as they may from time to time be modified.

3. Discharge Volumes. The City agrees that it will not, without the written consent of the District through its Board of Directors or General Manager, divert more than the following amounts:
a. Thirty cubic feet per second (30 cfs) of water at any time into Kaweah Ditch Pipeline; or
b. Seventy-five cubic feet per second (75 cfs) of water at any time into the Town Ditch; or

c. Twenty cubic feet per second (20 cfs) of water at any time into the Railroad Ditch (not including the flow from the Kaweah Ditch and the Town Ditch).

The above-noted discharge rates are maximum rates, and are subject to the limitations of the particular facilities that are actually in place. The parties acknowledge that particular portions of the above-noted facilities may have capacities that are lower than the above-noted maximum discharges.

4. Maintenance. District hereby agrees to keep up and maintain at its cost and expense the above-referenced ditches or pipelines which are owned by District, together with District's system of ditches connected therewith, so that they may have the capacity to dispose of the water from the storm drain system of the City. City hereby agrees to.keep up and maintain at its cost and expense the portion of the Kaweah Ditch Pipeline which was transferred to City by quitclaim deed dated August 18, 1954, so that the Kaweah Ditch Pipeline maintains the capacity to carry irrigation water to other facilities of the District.

5. Additional Facilities. The parties acknowledge that there may be additional locations other than those enumerated above at which City has established a discharge of storm water into District's system. These additional locations may or may not be properly authorized through separate agreements between City and District, or they may have been intended to be included within the capacities noted above. The parties agree that as part of the ongoing efforts to meet and confer regarding the operation of this Agreement (as called for below), City and District will endeavor to inventory and quantify all discharges, including those that are in addition to the authority established by this Agreement. The parties further agree to amend this Agreement, if necessary, to establish the terms under which such additional discharges will be accepted by District.

6. Operation And Control Of Headgates, Pumping Stations And Diversion Points.

City agrees that District shall exercise exclusive control of the headgates which regulate the flow of water into and through the ditches subject to this Agreement during the storm seasons for the duration of this agreement, and City further agrees that District's acceptance of the storm drain volumes provided in paragraph 2 above is subject to the existence of spare capacity in the subject ditches at the time of the desired discharge. District agrees that City shall have the right to control the pumping stations and diversion points it maintains for the purpose of diverting storm drain water pursuant to this Agreement into the subject canals and pipelines, providing such

operation does not cause the volume of such discharges to exceed the volumes provided in paragraph 2 above.

7. Installation of Additional Pumping Stations. District agrees that City may establish such additional pumping stations and diversion points as it may, from time to time, require, upon any rights of way owned by District, for the purpose of diverting storm water into the ditches that are the subject of this Agreement, provided that such pumping stations will not interfere with District's use and maintenance of such ditches or pipelines, or with the rights of others in said rights of way, or increase the total diversion volume beyond that provided in paragraph 2 above.

City shall consult with District prior to construction of any such pumping stations and diversion points, and shall apply for and receive any encroachment agreement that District shall require.

8. Non-Pollution Agreement. City hereby agrees that it will not deposit in any ditches, canals or pipelines of District any water which is polluted with sewage or any other unhealthful or noxious matter. In addition, City specifically agrees as follows:
a. District reserves the right to cause all discharges of storm waters into its canals or pipelines to cease should it receive evidence that any pollutants or other unhealthful or noxious matter, has been discharged into the storm drain system and is likely to reach its canals or pipelines.
b. City agrees that it alone shall be responsible for compliance with any applicable. state or federal laws relating to the discharge of storm drainage and any related discharges into District's facilities, including the obtaining of any necessary permit under state or federal law, and City shall defend, indemnify and hold District harmless from any claim of violation of such state or federal laws arising from any discharge of storm water into its canals or pipelines pursuant to this Agreement.

9. City Payments In Lieu Of District Assessments Upon Annexation and Detachment.

In consideration of the foregoing, and in recognition of the District's groundwater recharge benefits to the City and surrounding lands, City agrees to pay to the District on each Assessment Date an amount equal to the product of the number of Detached Acres multiplied times the Assessment Rate, where:
a. "Assessment Date" means the first day of January of each year of the term of this agreement;
b. "Detached Acres" means the total number of acres of all land that was within the

original boundary of the District and has, as of the Assessment Date, been both annexed into the City and detached from the District's boundaries; and c. "Assessment Rate" means the total average per-acre rate assessed by District on the Assessment Date upon lands within the District that are adjacent to City's boundaries, including the portion of the rate imposed as a pass through federal environmental restoration charge pursuant to the Central Valley Project Improvement Act of 1992 and subsequent rules, regulations and agreements. By way of example only, assuming the average valuation oflands within the District adjacent to the City's boundaries as of the Assessment Date is $2,000 per acre, and the lands are assessed at $.80 per $100 of valuation, this would result in an assessment of $16 per acre. In addition to this, lands within the District are assessed a $16 per acre federal environmental restoration charge.

The City charge would therefore be $32 per acre of Detached Lands. The Assessment Rate shall be adjusted annually if necessary to reflect the average per-acre rate assessed upon lands adjacent to City's boundaries on the Assessment Date, as determined by District.

The parties agree that all lands annexed into the City but not detached from the District shall continue to be assessed directly by the District and shall not be included as Detached Acres for the purpose of calculating the City's annual payment. The parties further agree that "Detached Acres" shall include, for the purpose of calculating City's annual assessment payment only, that land owned by City for which deliveries of surface water are made by District, including land used by City for its wastewater treatment facility.

10. Power Charges for Town Ditch Pump. In addition to the annual payment established in paragraph 7 above, City shall pay all power charges associated with the operation of the booster pump on the Town Ditch near the northwest corner of Section 15, Township 20 South Range 24 East.

11. Effective Date and Term of Agreement. The effective date of this agreement shall be the date last signed below. This Agreement shall expire 30 years after the effective date. This agreement shall have no force or effect upon a determination that the performance of any provision of this Agreement will result or has resulted in the violation of state or federal law.

12. City Obligations As Consideration For Benefits To City. It is the intention of the parties that City's obligations contained in this Agreement shall constitute consideration in exchange for the various benefits City may receive by reason of any of the following:
a. the transportation by District of irrigation water or water for sinking purposes into the District,
b. any pumping of ground water by City, or any agency thereof, within the boundaries of City, or otherwise,
c. the disposal of storm drainage from City into the irrigation system of the District as Authorized by this Agreement, and
d. any other direct or indirect benefits which may accrue to the City through the operations of the District.

13. Joint Operations Committee. City's City Manager and District's General Manager shall appoint at least two appropriate representatives to a Joint Operations Committee, which shall meet not less than once every six months for the purpose of addressing ongoing operational issues. As an initial matter, the Joint Operations Committee shall conduct an inventory of existing discharge sites and their capacities, and determining the authority for such sites.

14. Creation of Joint Development Policies. In addition to ongoing operation issues, the Joint Operations Committee shall initially undertake an effort to develop policies, procedures and standards to be applied by the respective parties in addressing development proposals within the City's boundaries that have the potential to affect or are affected by the existence of District's canals, ditches or pipelines. Such polices, procedures and standards to be drafted and proposed for adoption shall address the following issues, at a minimum:
a. Uniform requirements and conditions to be imposed by District for the conversion of open ditches or canals to covered pipelines, including the responsibility of landowners or developers, the terms and conditions of pipeline easements that are required to be granted to District in conjunction with such conversion, the conditions under which encroachments will be allowed within such easements, standard specifications for pipelines, work to be performed by District and assignment of cost of such work related to conversion to pipelines, and the liability of the parties in relation to the converted pipelines and permitted encroachments.

b. Requirements and conditions imposed by City and District for the fencing of District ditch, canal, pipeline and service road easement areas, including the specifications and standards for construction of such fences or walls, and separate specifications for residential and industrial development. c. Requirements for setbacks from District's ditches, canals or pipelines. d. Requirements for the aesthetic features of developments in relation to the ditches, canals or pipelines, and attendant improvements such as roads, fences, walls, walkways, trails, greenbelts or setback areas.
e. Ongoing operational issues, as the parties may see fit.

The Joint Operations Committee shall meet at least quarterly and as long as may be necessary for the completion of the drafting of such proposed policies. Nothing in this paragraph shall be construed as a requirement by either party to adopt any specific policy, ordinance, standard or procedure, and each party shall retain full discretion in determining whether to adopt any specific policy, ordinance, standard or procedure.

15. Consideration of Joint Water Management and Other Projects. City and District agree to work jointly toward the development and consideration of projects to which City and District shall both contribute resources for joint benefit. Such joint projects shall potentially include, but not be limited to, the following:
a. Development of groundwater recharge facilities.
b. Acquisition of local water rights or imported supplies to provide mutual benefits. c. Development of a wastewater treatment program, whereby City delivers treated wastewater into District's water delivery system.
d. Development of a program for surface water supplies to be delivered by District to City for municipal uses, including aesthetic or other non-consumptive uses. e. Joint ownership, construction and use of bridges.
f. Telemetry (SCADA) and automation of City's storm water discharge operations into District conveyance system.
g. Accommodation for property acquisition and construction by City of a fire station on District property.

The items noted above shall be addressed by the Joint Operations Committee, or by a subcommittee or separate ad hoc committee, as the parties may see fit. Nothing in this paragraph

shall be construed as a requirement by either party to adopt or agree to participate in any specific project, and each party shall retain full discretion in determining whether to adopt or agree to participate in any such project. .

16. Adoption of Recommendations of Joint Operations Committee. All recommendations of the Joint Operations Committee shall be referred to the City Council and the District Board of Directors for appropriate review consistent with their applicable required procedures for action on such matters. The approval of each governing body shall be required to adopt and implement such recommendations

17. Representations and Warranties of Authority. Each party represents to all other parties that such party has the full power and authority to enter into this Agreement, that the execution and delivery thereof will not violate any agreement to which such party is a party or by which such party is bound, and that this Agreement, as executed and delivered, constitutes a valid and binding obligation of such party, enforceable in accordance with its terms. The corporate, partnership, and association signatories to this Agreement expressly warrant that they have been authorized by their respective company, partnership, or association entities to execute this Agreement and to bind them to the terms and provisions hereof. Any public agency signatory to this Agreement represents and warrants that the Agreement is executed in compliance with a resolution of the governing entity of the public agency, duly adopted by the governing entity and transcribed in full in the minutes of the governing entity. Any individual signing this Agreement on behalf of a public agency represents that she/he has full authority to do so.

18. Duty to Cooperate. Each party shall cooperate so as to facilitate the other party's efforts to carry out its obligations under this Agreement.

19. Successors and Transferees. The obligations and benefits of this Agreement do not run with the land, and are personal to the City and the District and are not assignable or transferable.

20. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and it is expressly understood and agreed that the Agreement has been freely and voluntarily entered into by the parties with the advice of counsel, who have explained the legal effect of this Agreement. The terms of this Agreement are contractual and not mere recitals.

The parties further acknowledge that no warranties, representations or inducements not contained in this Agreement have been made on any subject in connection with this Agreement, and that

they have not been induced to execute this Agreement by reason of non-disclosure or suppression of any fact. This Agreement may not be altered, modified or otherwise changed in any respect except by writing, duly executed by the parties or their authorized representatives.

This Agreement is fully integrated.

21. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that no rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this Agreement.

22. Severability. In the event any of the terms, conditions or covenants contained in this Agreement is held to be invalid, any such invalidity shall not affect any other terms, conditions or covenants contained herein which shall remain in full force and effect.

23. Governing Law. California law shall govern the interpretation and enforcement of this Agreement.

24. Remedies. Any motion or other action by the parties to enforce this Agreement shall be filed or otherwise brought and adjudicated in the Tulare County Superior Court. The Tulare County Superior Court shall maintain and reserve jurisdiction of this action for the purpose of enforcing the terms ofthis Agreement as a judgment or order of the Court. Nothing in this paragraph shall be interpreted in a manner to preclude whatever rights the parties may have to appeal rulings of the Tulare County Superior Court. The parties otherwise retain the full range of legal and equitable remedies to enforce the terms of this Agreement, including injunctive relief and specific performance, to ensure the parties comply with their commitments under this Agreement. In any action to enforce this Agreement, each party shall be responsible for its own attorneys' fees and costs. The parties shall meet and confer and attempt to resolve their differences informally before commencing any action to enforce this Agreement.

25. Further Assurances. In addition to the documents and instruments to be delivered as herein provided, each of the parties shall, from time to time at the request of the other parties, execute and deliver to the other parties such other instruments of transfer, conveyance and assignment and shall take such other action as may be required to more effectively carry out the terms of this Agreement.

26. Time of the Essence. Time is expressly declared to be of the essence of this Agreement and of every provision hereof in which time is an element.

27. Captions. Paragraph titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or any provision thereof.

28. Notices. Where required by this Agreement, notice shall be provided by regular mail or overnight delivery, and shall be considered made when deposited in U.S. or express mail.

29. Counterparts. The parties may execute this agreement in counterparts. The counterparts, if any, constitute a single agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date and year last below written.

CITY OF TULARE
"CITY"

TULARE IRRIGATION DISTRICT
"DISTRICT"
By: ~~'_/Q_~~::4--_::::::.· _;tf,'.2'.'.'../4~~(15 By: L~d~ ~ // tJ r ;?~) evin Northcraft
City Manager
Date David G. Bixler Date
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· City Attorney
President, Board of Directors
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District Counsel
F:\Client Files\Tulare Irrigation District 59\100 Administrative\100 Miscellaneous Memos & Corr\Agreement w COT for Stormwater etc.doc

City Council Representatives
Board/Committee Sigala Sayre Harrell Mederos Isherwood
Agri-Center Board Liaison X
Tulare County Council of Cities X
Tulare County Association of
Governments (TCAG) Alt. X
Tulare County Local Agency Formation
Commission (LAFCO) X*
Tulare Downtown Association Board of
Directors X
City Employee Health Insurance
Committee X
City Investment Committee X
Teens-On-Board Liaison X
Tulare Irrigation District Joint Comm. X*
Mid-Kaweah Groundwater Sustainability
Agency (MKGSA) Board Alt. X*
Tulare County Task Force on
Homelessness X Alt.

Tulare County Economic Development
Corporation Board of Directors X Alt.

Tulare County Regional Transit Agency
Board of Directors X Alt.

San Joaquin Valley Unified Air Pollution
Control District Citizens Advisory
Committee
X*
San Joaquin Valley Special City
Selection Committee X
Tulare County City Selection Committee X
*Tulare County Local Agency Formation Commission: Harrell appointed as alternate board member; term 5/2021-5/2025
*Tulare Irrigation District Joint Committee – BPU member representative is Howard Stroman *Mid-Kaweah GSA – BPU member representative is Howard Stroman *San Joaquin Valley Unified Air Pollution Control District Citizen Advisory Committee: Mederos appointed as City primary; term expires 1/31/2025
Board/Committee Appointment/Selection
Process Contact/Meeting Information
Agri-Center Board Liaison Selected by Council, subject
to confirmation by the AgriCenter Board.

Tulare County Council of Cities
Consists of elected members from
the incorporated cities working
cooperatively in developing
solutions to regional issues.

Selected by Council. Gladys Ruiz
(559) 713-4314
[email protected]
Meetings
Every 2 months on the third
Wednesday at 4:00 p.m.

Tulare County Association of
Governments (TCAG) Board of
Governors
A joint powers authority that
serves as Metropolitan Planning
Organization for Tulare County
and has responsibilities as Tulare
County’s Council of Governments,
transportation authority, and
Regional Transportation Planning
Agency.

Selected by Council (primary
and alternate).
(559) 623-0450
[email protected]
Meetings
Every month on the third
Monday at 1:00 p.m.

Tulare County Local Agency
Formation Commission
(LAFCO)
Responsible for coordinating
logical and timely changes in local
governmental boundaries,
conducting special studies which
review way to reorganize,
simplify, and streamline
governmental structure and
preparing Spheres of Influence for
each city and special district
within the County.

Composed of 2 county
supervisors selected by the
Board of Supervisors, 2 city
council representatives
selected by a majority of the
mayors in the county (Tulare
County City Selection
Committee), and 1 public
member selected by the other
4 members. There is an
alternate for each category –
city, county, and public.

Ben Giuliani
(559) 623-0450
[email protected]
Meetings
Every month on the first
Wednesday at 2:00 p.m.

Board/Committee Appointment/Selection
Process Contact/Meeting Information
Tulare Downtown Association
Board of Directors
Selected by Council. John Harman
(559) 685-2350
[email protected]
Meetings
Every month on the first
Wednesday at 4:00 p.m.

City Employee Health
Insurance Committee
Formed to review, vote, and then
recommend to City Council on
matters regarding health
insurance coverage selection/
changes for active and retired
employees. Provides updates on
the status of the City’s health plan
and make recommendations on
rate increases, if needed, based
on the City’s insurance broker’s
recommendation.

Selected by Council.

Consists of representatives
from each union group, a City
Council Member, and a City
retiree.

Human Resources
(559) 684-4202
[email protected]
Meetings
As needed
City Investment Committee Selected by Council.

Historically, the Mayor has
served on this committee.

Treasurer (CFO)
(559) 684-4253
[email protected]
Meetings
Teens-On-Board Liaison
Established to provide youth the
opportunity of leadership in their
community. Council
representative will serve on the
interview panel and assist with the
selection process.

Selected by Council. Community Services Dept.
(559) 684-4316
[email protected]
Meetings
As needed
Board/Committee Appointment/Selection
Process Contact/Meeting Information
Tulare Irrigation District Joint
Committee
Established by the Operations
and Management agreement of
May 10, 2005. Addresses ongoing
issues, beginning with the
identification of storm water
discharge points and capacities
into TID facilities.

Selected by Council (one
Council and one BPU
representative)
Consists of the City Manager,
TID General Manager, 2
members each of City
Council, BPU, TID Board and
appropriate TID staff.

Tulare Irrigation District
(559) 686-3425
Meetings
Mid-Kaweah Groundwater
Sustainability Agency (MKGSA)
Board
A joint powers authority (City of
Visalia, City of Tulare, and Tulare
Irrigation District) responsible for
the development, adoption, and
implementation of a Groundwater
Sustainability Plan as required by
the Sustainable Groundwater
Management Act of 2014.

Selected by Council (one
Council and one BPU
representative, plus one
alternate)
Tulare Irrigation District
(559) 686-3425
Meetings
Tulare County Task Force on
Homelessness
Advise and assist the Tulare
County Health & Human Services
Agency in the Agency’s efforts to
address homelessness issues
affecting the community and to
report to the Board of Supervisors
on a periodic basis.

Selected by Council (primary
and alternate).

Health & Human Services
(559) 624-8054
Meetings
Every month on the third
Wednesday at 1:30 p.m.

Tulare County Economic
Development Corporation
Board of Directors
Selected by Council (primary
and alternate).

Airica de Oliveira
(559) 625-3100
Meetings
Every month on the fourth
Wednesday at 7:30 a.m.

Board/Committee Appointment/Selection
Process Contact/Meeting Information
Tulare County Regional Transit
Agency Board of Directors
Governs the TCRTA which
provides fixed-route, ADA
complementary paratransit, and
on-demand service in the cities of
Dinuba, Exeter, Farmersville,
Lindsay, Porterville, Tulare,
Woodlake, and the
unincorporated areas of Tulare
County.

Selected by Council (primary
and alternate).

Rich Tree
(559) 623-0450
Meetings
Every month on the third
Monday at 6:00 p.m.

San Joaquin Valley Unified Air
Pollution Control District
Citizen Advisory Committee
Nominated by Council.

Appointed by City Selection
Committee.

Consists of one Industry/Ag,
one Environmental, and one
City representative (one
alternate for each) for each
County in the District.

Michelle Franco
(559) 230-6000
Meetings
Every month on the first
Tuesday at 10:00 a.m.

San Joaquin Valley Special City
Selection Committee
Charged with making
appointments of city
representatives to the San
Joaquin Valley Air Pollution
Control District’s Governing
Board.

Selected by Council (primary
and alternate).

Consists of one member
selected by majority vote of
the council of each city
located within the District.

Michelle Franco
(559) 230-6000
Meetings
As needed
Tulare County City Selection
Committee
Established pursuant to
Government Code Section 50270
et seq for the purpose of
appointing representatives to
boards, commissions and
agencies as required by law.

Mayor (may designate an
alternate)
Comprised of the mayors of
all 8 cities in Tulare County.

Melinda Benton
(559) 636-5000
Meetings
Quarterly (Jan, Apr, Jul, Oct)
and/or when an appointment is
necessary

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Fire
For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Accept receipt of Fiscal Year 2021 Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grants (AFG) in the amount of $186,340.00 for the Tulare Fire Department to replace Self-Contained-Breathing-Apparatus.

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

The Tulare Fire Department (TFD) had applied for and was tentatively awarded a FEMA AFG to replace all of the Self-Contained-Breathing-Apparatus (SCBA). The AFG is awarded in the amount of $186,340.00 with a TFD match of at least $18,634.00 (FY21 quote).

TFD’s plan includes replacing 29 SCBA kits which includes: one harness, two cylinders and mask at the cost of approximately $7,000 each or $203,000.00. These 29 SCBAs will replace the current stock in every seat on all TFD fire apparatus. TFD is also purchasing six additional masks at the cost of approximately $329.00 each or $1,974.00 to ensure each member has their own mask.

These SCBAs will be reaching their 15-year shelf life in the next two years, which aligns with the performance period to spend the AFG between the time frame of 29 August 2022 to 28 August 2024.

Furthermore, the quote for the SCBAs when TFD submitted for the grant was in FY21; since then, industry has stated the prices have already risen approximately 25%.

STAFF RECOMMENDATION:

Accept receipt of Fiscal Year 2021 Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grants (AFG) in the amount of $186,340.00 for the Tulare Fire Department to replace Self-Contained-Breathing-Apparatus.

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 Ott Title: Fire Chief
Date: September 9, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 12

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Fire
For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Authorize the purchase of 29 Bendix King BKR5000 handheld radios, 4 Bendix King BKNGM150-R mobile radios and accessories from Vincent Communications of Fresno, CA using the Bendix King CA NASPO contract #00318 for $92,175.38.

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

The Tulare Fire Department seeks to replace aging radios that are approximately 16 years old.

There is an operational need to replace these radios due to increasing radio failures.

An application to the Assistance to Firefighter Grant (AFG) for $178,137 to replace all of the handheld and mobile radios was denied.

Last year, the City initiated the replacement of the handheld radios through the purchase of 16 units. This proposed purchase will complete the replacement of all handheld radios and required accessories. Additionally, this purchase will complete replacements for vehicle mounted mobile radios for all command vehicles. Future annual equipment replacement budget allocations will be sufficient to replace remaining vehicle mounted radios.

Funding for this purchase is available using existing equipment replacement funds. Future annual equipment replacement expenses will be adjusted based on this purchase and the expected lifespan of equipment to ensure the availability of future replacement funding.

STAFF RECOMMENDATION:

Authorize the purchase of 29 Bendix King BKR5000 handheld radios, 4 Bendix King BKNGM150-R mobile radios and accessories from Vincent Communications of Fresno, CA using the Bendix King CA NASPO contract #00318 for $92,175.38.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☒Yes ☐No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
623-4623-7604
Submitted by: Michael Ott Title: Fire Chief
Date: September 9, 2022 City Manager Approval: ____________ AGENDA ITEM: Consent 13

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within landscaping lots of Phase 1 of the Liberty Hill subdivision and a City-owned lot (APN 174 010 014), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

As part of the subdivision improvements for Phase 1 of the Liberty Hill subdivision, the developer was required to underground existing overhead SCE electrical lines located along the subdivision’s Bardsley Avenue frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level.

SCE is proposing to locate these structures and conduit within the Liberty Hill subdivision’s landscape lots along the north side of Bardsley Avenue, and within a City-owned lot (APN 174- 010-014) located on the south side of Bardsley Avenue across from the Liberty Hill subdivision.

Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots and City owned land not designated as street right-of-way are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure and portions of that infrastructure are located outside of the City street right-of-way.

A copy of the final map for Phase 1 of the Liberty Hill subdivision, draft Grant of Easement, and Certificate of Conveyance are attached for reference. With Council’s approval, the Grant of Easement and Certificate of Conveyance would be executed by the City Manager following City Attorney review and approval of the final easement document.

STAFF RECOMMENDATION:

Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within landscaping lots of Phase 1 of the Liberty Hill subdivision and a City-owned lot (APN 174 010 014), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
AGENDA ITEM: Consent 14
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: September 12, 2022 City Manager Approval: ____________ 2021 -- 9:320m DRAWING:S:\2020\LDCZOOI4\Survey\Record Dcta\Maps\20014_FM.dwg;1 —LDC—Civil.ctb Jul 06, PLOTBY: corozco OWNER'S§TATEMENT: WEHEREBYSTATETHATWEARETHE LEGALOWNERSOF THEREALPROPERTYINCLUDEDWITHINTHE BOUNDARIESOF THESUBDIVISIONSHOWNUPONTHIS SUBDIVISIONMAP, ANDTHATWEARETHEONLY

PERSONSWHOSECONSENTIS NECESSARYTO PASS A CLEARTITLE TO SAID PROPERTY,ANDWE CONSENTO THE MAKINGANDFILING OF SAID SUBDIVISIONMAPAS SHOWNWITHINTHEBOLDBORDER LINES HEREON.WEHEREBYOFFERTO DEDICATEANDDOHEREBYDEDICATETHEFOLLOWING.AS SHOWNWITHINTHEBOUNDARIESOF THEMAPHEREON,FORTHESPECIFIED PURPOSES? 1. STREETRIGHTOF WAYFORVICTORYSTREET. ANTHEMAVENUE,MARICOPASTREET, POTOMAC

STREET, UNIONAVENUE,JUSTICE AVENUE,BETSYAVENUE,ANTHEMCOURT,ANDARLINGTONCOURT IN FEE TO THECITY OF TULARE. 2. PUBLICEASEMENTFOR STORMWATERPURPOSESTO THECITY OF TULARE. 3. LOTA IN FEE TO THECITY OF TULAREFORLANDSCAPING.SIDEWALK.BLOCKWALL.ANDTHE MAINTENANCETHEREOF. 4. EASEMENTS,2 FEET WIDE, FORTHE INSTALLATIONANDMAINTENANCEOF A BLOCKWALLANDALL APPURTENANCES PERTAININGTHERETOTO THECITY OF TULARE.AS SHOWNHEREONAND DESIGNATEDAS 2’ BWE(BLOCKWALLEASEMENT). 5. PUBLICEASEMENTSFORTHEINSTALLATIONANDMAINTENANCEOF GASLINES ANDCONDUITSFOR

ELECTRIC, CABLE,ANDTELEPHONESERVICES,TOGETHERWITHANYANDALLAPPURTENANCES PERTAININGTHERETO,AS SHOWNHEREONANDDESIGNATEDAS ”PUE” (PUBLIC UTILITY EASEMENTS). - 6. LOTB IN FEE TO CITY OF TULAREFORSTORMDRAINANDPONDINGBASIN PURPOSES,)ANDTHE MAINTENANCETHEREOF. WEALSOHEREBYWAIVEALL DIRECTACCESSRIGHTSAS SHOWNWITHINTHEBOUNDARIESOF THEMAP HEREON. CENTURYCOMMUNITIESOF CALIFORNIA.LLC A DELAWARELIMIT I LIABILITY COMPNY 4/] I ALLENBENNETT.VICE PRES‘ NT NOTARYACKNOWLEDGMENT: A NOTARYPUBLICOR OTHEROFFICERCOMPLEI'INGTHIS CERTIFICATEVERIFIES ONLYTHE

IDENTITYOF THE INDIVIDUALWHOSIGNEDTHE DOCUMENTTO WHICHTHIS CERTIFICATEIS

ATTACHED,ANDNOTTHETRUTHFULNESS. ACCURACY. OR VALIDITYOF THATDOCUMENT. STATEOF CALIFORNIA } COUNTYOFWI / 0NW.5)”? ME. ”MMMZ' ”47/0 NOTARYPUBLIC. PERSONALLYAPPEARED 22 /§Zfi evwvé‘ WHOPROVEDTO MEONTHE BASIS OF SATISFACTORYEVIDENCETO BE THEPERSONQS’)WHOSE NAMEQZ)IS/ARE SUBSCRIBEDTO THEWITHININSTRUMENTANDACKNOWLEDGED TO METHAT HE/SHE/IZHE'? EXECUTEDTHESAMEIN HIS/HEfi/IHETRAUTHORIZEDCAPACITYOEé),ANDTHATBY HIS/HER/‘FH‘EIR SIGNATUREQg)ONTHEINSTRUMENTTHEPERSONCX),ORTHE ENTITYUPON BEHALFOF WHICHTHE PERSONQK)ACTED,EXECUTEDTHE INSTRUMENT. I CERTIFYUNDERPENALTYOF PERJURYUNDERTHELAWSOF THESTATEOF CALIFORNIA THATTHE FOREGOINGPARAGRAPHIS TRUEANDCORRECT. WITNESSMYHAND . : SIGNATUR ?JQJAMM NAME ”72/6/14 1. flVé‘V/é * MYCOMMISSIONEXPIRES/&-9-.?p;l / PRINCIPALPLACEOF BUSINESS e552” COUNTY PLANNINQ/kOMMISSION'SSTATEMENT: APROVED: AUGUIS/K’ICS. 2018. CITY OF TULAREPLANNINGCOMMISSION.

YERS, SECRETARY DA
NOTICET HOMEOWNERS:

THIS SUBDIVISIONIS WITHINA LANDSCAPEMAINTENANCEDISTRICTANDTHE MAINTENANCEFEE FOR LANDSCAPING,SIDEWALK,ANDBLOCKWALLMAINTENANCEIS SUBJECTTO ANANNUALREVISIONBASEDONKACTUALMAINTENANCEOST / so I LS cERTIFl CATE:

I HEREBYCERTIFYTHATA son. REPORTWASPREPAREDBY MEON DeLimbv 7-‘ . Zafig .‘ fl ‘2 IN CONFORMANCE WITHTHEPROVISIONSOF STATEA D LOCALSTATUTES. wgg: WITNES = “ L S: ' .ANDAND0,0
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CONFORMANCE WITHTHE REQUIREMENTSOF THESUBDIVISIONMAPACTANDLOCALORDINANCEAT THEREQUESTOF CENTURYCOMMUNITIESIN DECEMBER,2020. I HEREBYSTATETHATTHIS FINAL MAPSUBSTANTIALLYCONFORMSTO THEAPPROVEDOR CONDITIONALLYAPPROVEDTENTATIVEMAP, IF ANY. ALL MONUMENTS AREOF THECHARACTERANDOCCUPYTHE POSITIONSINDICATEDANDARE SUFFICIENTTO ENABLETHESURVEYTO BE RETRACED.THEMONUMENTS NOTYETSET, WILLBE SET WITHINONEYEAROF RECORDATIONOF THIS MAP. v RUBENAPARICIOIII, P.L.S. 8026 CITY ENGINEER’SSTATEMENT

I HEREBYSTATETHATI HAVEEXAMINEDTHIS MAP, THATTHESUBDIVISIONAS SHOWNIS SUBSTANTIALLY

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OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated September 20, 2022, from the City of Tulare, a Municipal Corporation of the State of California to Southern California Edison Company was duly conveyed by the City Council of the City of Tulare on September 20, 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 Grant of Easement.

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: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within landscaping lots of Phase 1 of the Oakcrest subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

As part of the Oakcrest subdivision improvements, the D.R. Horton (“Developer”) was required to underground existing SCE electrical lines located along the subdivision’s Tulare Avenue frontage. The undergrounding of electrical lines requires certain structures, such as enclosures, vaults, manholes, etc., to be placed at ground level. SCE is proposing to locate these structures within the Oakcrest landscape lots located adjacent to Tulare Avenue.

Landscape lots are deeded to the City as part of the Landscape Maintenance District established for the subdivision. Landscape lots are not included in the City’s existing franchise agreements with SCE, and a separate easement is required for SCE to construct, maintain, and repair utilities located within these lots. The conveyance of easements to SCE is normal practice when development is required to underground existing SCE infrastructure, and portions of that infrastructure are located outside of City street right-of-way.

A copy of the final map for Phase 1 of the Oakcrest Subdivision, draft Grant of Easement, and Certificate of Conveyance are attached for reference. With Council’s approval, the Grant of Easement and Certificate of Conveyance would be executed by the City Manager following City Attorney review and approval of the final easement document.

STAFF RECOMMENDATION:

Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within landscaping lots of Phase 1 of the Oakcrest subdivision, 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:

N/A
AGENDA ITEM: Consent 15
Submitted by: Michael Miller Title: City Engineer
Date: September 12, 2022 City Manager Approval: ____________

OAKCREST SUBDIVISION - PHASE 1 R.M. 44 / 71 TULARE CO. LOT B LOT 1 LOT 2 LOT3 LOT4 LOT 5 LOT6 LOT B LOT 14 LOT 15 LOT 16 LOT 17 LOT C N

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated September 20, 2022, from the City of Tulare, a Municipal Corporation of the State of California to Southern California Edison Company was duly conveyed by the City Council of the City of Tulare on September 20, 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 Grant of Easement.

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: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Final acceptance of public works improvements for Phases 2 and 3 of The Greens at Oak Creek subdivision, located along the east side of Mooney Boulevard (State Route 63) south of Seminole Avenue.

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

On March 15, 2022, City Council approved the final map for Phases 2 and 3 of The Greens at Oak Creek subdivision, which created 54 single-family residential lots, as shown on the attached exhibit. Phases 2 and 3 of The Greens at Oak Creek are being developed as a single phase.

The Subdivider, D.R. Horton CA3, Inc., has completed construction of all required public works improvements in accordance with the approved plans and specifications for this subdivision, with the exception of Mooney Boulevard (State Route 63) frontage improvements. Due to delays being experienced with obtaining final construction permitting from Caltrans for improvements along the project’s Mooney Boulevard frontage, the Subdivider has requested that these improvements be secured through a short-term deferred improvement agreement, which is the subject of a prior item on this agenda to be considered by Council. Completion of the Mooney Boulevard frontage improvements has been delayed by new Caltrans permitting requirements for the installation of Southern California Edison street lights within State right-ofway. The aforementioned short-term deferred improvement agreement includes all required Mooney Boulevard improvements along the frontage of Phase 2 and 3 of the Greens at Oak Creek subdivision that have not been completed.

An exhibit showing the location of The Greens at Oak Creek subdivision is attached for reference.

STAFF RECOMMENDATION:

Final acceptance of public works improvements for Phases 2 and 3 of The Greens at Oak Creek subdivision, located along the east side of Mooney Boulevard (State Route 63) south of Seminole Avenue.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A AGENDA ITEM: Consent 16
FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Michael Miller Title: City Engineer
Date: September 12, 2022 City Manager Approval: ____________ RECORDING REQUESTED BY:

City of Tulare

WHEN RECORDED MAIL TO:

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

N O T I C E O F C O M P L E T I O N

NOTICE IS HEREBY GIVEN THAT:

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

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

3. On the 20th day of September, 2022, a work of improvement on real property hereinafter described was completed by D.R. Horton CA3, Inc., the Subdivider of record, whose address is 711 North Court Street Suite R, Visalia, CA 93291.

4. The name of the surety for the work of improvements is SureTec Insurance Company, 1330 Post Oak Blvd., Suite 1100, Houston, TX 77056.

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

Public Works Improvements for Phases 2 and 3 of The Greens at Oak Creek, except Mooney Boulevard (State Route 63) frontage improvements secured by deferred improvement agreement.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on September 20, 2022.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

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

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

Executed on ________________________ , 2022 at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

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CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve a short-term deferred improvement agreement with D.R. Horton CA3, Inc., allowing the construction of Mooney Boulevard (State Route 63) frontage improvements for Phases 2 and 3 of The Greens at Oak Creek subdivision to be deferred for a maximum of one (1) year.

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

D.R. Horton CA3, Inc. is the Subdivider of Phases 2 and 3 of The Greens at Oak Creek subdivision, which is located along the east side of Mooney Boulevard (State Route 63), south of Seminole Avenue. These two subdivision phases consist of 54 single-family residential units. Improvements for Phases 2 and 3 of The Greens at Oak Creek are being constructed as a single phase.

As a condition of Planning Commission Resolution No. 5248, the Subdivider is required to construct Mooney Boulevard frontage improvements that include: landscaping lot improvements, block wall, sidewalk, curb and gutter, street lights, and pave out. The Subdivider has completed all required public improvements for Phases 2 and 3 of The Greens at Oak Creek, with the exception of street lights, sidewalk, and landscaping along its Mooney Boulevard frontage. New Caltrans construction permitting procedures for placing street lights on State routes require a traffic safety analysis. The process for completing this analysis is lengthy, resulting in a significant delay in Southern California Edison’s ability to install street lights along Mooney Boulevard. This in turn has delayed completion of the sidewalk and landscaping improvements along the project’s Mooney Boulevard frontage.

The Subdivider is wanting to proceed with pulling building permits on the remaining undeveloped lots of Phases 2 and 3 of The Greens at Oak Creek subdivision. However, there is a provision in the City’s standard subdivision improvement agreement for the project that does not allow for the issuance of the final 25% of building permits until a Notice of Completion (NOC) has been filed for the required public improvements. The project has now reached this limitation on permit issuance. The delay caused by Caltrans construction permitting process for the installation of street lights along the project’s Mooney Boulevard frontage is preventing the developer from being able to pull additional building permits.

The Subdivider is requesting to enter into a short-term deferred improvement agreement with the City for the remaining Mooney Boulevard frontage improvements associated with Phases 2 and 3 of The Greens at Oak Creek subdivision. By securing these improvements through a separate agreement, the requirements of the subdivision agreement for Phases 2 and 3 could be deemed as met, and an NOC could be approved. This would allow the Subdivider to obtain the remaining 25% of the Phase 2 and 3 building permits, while still providing the City with a AGENDA ITEM: Consent 17
means of ensuring that the conditionally required Mooney Boulevard frontage improvements will be completed. The term of the proposed short-term deferred improvement agreement would be a maximum of one (1) year. D.R. Horton CA3, Inc. will be required to provide the City with a performance bond or other acceptable security equal to 110% of the proposed improvement cost.

Copies of the proposed short-term deferred improvement agreement and exhibits including the Planning Commission Resolution No. 5248 and maps showing the location of the subdivision phases are attached for reference.

STAFF RECOMMENDATION:

Approve a short-term deferred improvement agreement with D.R. Horton CA3, Inc., allowing the construction of Mooney Boulevard (State Route 63) frontage improvements for Phases 2 and 3 of The Greens at Oak Creek subdivision to be deferred for a maximum of one (1) year.

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: September 12, 2022 City Manager Approval: ____________ 1 RECORDING REQUESTED BY:
2 3 City of Tulare
4 411 East Kern Avenue
5 Tulare, CA 93274
6 7 WHEN RECORDED MAIL TO:
8 9 Same
10 11 PURSUANT TO GOVERNMENT CODE SECTION 6103,
12 NO RECORDING FEE REQUIRED.
13 14
15 SHORT TERM DEFERRED
16 IMPROVEMENT AGREEMENT
17 18 This Agreement, made and entered into as of this _______ day of ______________, 2022, by and 19 between D.R, Horton CA3, Inc., hereinafter referred to as the "Applicant", and the CITY OF 20 TULARE, hereinafter referred to as the "City";
21 22 W I T N E S S E T H
23 24 WHEREAS, the Applicant has received approval through Resolution 5248 approving Greens at Oak 25 Creek Phase 2 and 3 subdivisions on Assessor’s Parcel No. 172-100-001 and 172-070-003 (hereinafter 26 referred to as the “Property”) located in the City of Tulare, County of Tulare, State of California; and 27 28 WHEREAS, the City of Tulare Planning Commission placed engineering conditions of approval on 29 the project, attached herewith as Exhibit "A" and incorporated by reference herein, the project was 30 subject to certain conditions, including the requirement that along Mooney Boulevard (Hwy 63) 31 frontage the Applicant install curb & gutter, sidewalk, fully pave out from lip of gutter to existing edge 32 of pavement, street lights, and backing lot treatment (landscaping, irrigation, block wall) as shown in 33 signed and approved improvements plans 17-687 The Greens @ Oak Creek 2 & 3 IP (hereinafter 34 referred to as the "Improvements"); and
35 36 WHEREAS, the Applicant has requested that such Improvements be deferred for a maximum of one 37 (1) years; and
38 39 WHEREAS, construction of the Improvements may be deferred in accordance with a Short Term 40 Deferred Improvement Agreement to be executed by the Applicant and City pursuant to City of Tulare 41 Municipal Code Section 8.24.510 (C) to that future point in time when such Improvements are 42 required by the City Engineer to be constructed; and 43 44 WHEREAS, the Applicant has indicated a willingness to enter into such an improvement agreement 45 upon the terms and conditions set forth herein below; 46 1 NOW, THEREFORE, BE IT AGREED as follows:
2 1. Construction of Improvements. The Applicant hereby agrees, in consideration of the engineering 3 conditions of approval for Resolution 5248, to construct or cause to be constructed the Improvements 4 specified in Engineering Conditions No. 1, 3, 9, and 18 of said City of Tulare Planning Commission 5 conditions within ninety (90) days of receipt of a written demand by the City Engineer. Said 6 Improvements shall be constructed in compliance with all applicable City and Caltrans standards, 7 including all amendments adopted hereafter.
8 9 2. Development Impact Fees. The Applicant covenants and agrees to timely pay all current, relevant 10 and pertinent Development Impact Fees, and any other current and applicable permit or processing fees 11 as of the period of time wherein City makes a written demand for construction as defined in Section 1 12 herein
13 14 3. Security. The Applicant shall secure performance under this agreement by obtaining a 15 Performance Bond or other acceptable security in the amount of $143,854.87, which represents 110% 16 of the estimated construction cost of the Improvements enumerated in Section 1 above, which the City 17 can claim in the event that Applicant fails to construct and complete the Improvements within the time 18 limits set forth in Section 1, and consistent with Section 8 herein. The bond shall be in the form 19 acceptable to the City Engineer and City Attorney. In the event the Performance Bond expires prior to 20 the end of the Term of the Agreement, Applicant shall give notice to City prior to ninety (90) days of 21 the expiration or termination of the Bond and renew said bond for the amount of 110% of the estimated 22 construction costs of the Improvements enumerated in Section 1 above. The City Engineer shall 23 estimate that cost of construction at the time of renewal and shall require the amount of the renewal 24 Bond to meet or exceed that estimated cost of construction defined by the City Engineer. The 25 Applicant shall secure payment under this agreement by obtaining a Labor and Materials Bond or 26 other acceptable security in the amount of $71,927.44, which represents 50% of the Performance Bond 27 or other acceptable security, to secure payment to all contractors and subcontractors performing work 28 on said Improvements and all persons furnishing labor, materials or equipment to them for said 29 Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, 30 or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in 31 favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the 32 City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims 33 of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). Damage 34 Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the 35 City shall be repaired or replaced by Applicant before any securities are released. Final acceptance 36 by City shall not occur until damage has been repaired to prior and agreed upon condition. 37 38 4. Remedy of Defects. Applicant shall remedy any defective work, labor or materials related to the 39 Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which 40 occur within a period of one year from the date of final acceptance of the Improvements by City. Prior 41 to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit 42 shall be provided by Applicant, in the amount of $14,385.49, which represents 10% of the Performance 43 Bond or other acceptable security, and shall be released one year following final acceptance, less any 44 amount required to remedy defective work.
45 1 5. Term of Agreement. The term of this Agreement shall be one (1) year from the date of execution 2 of this Agreement. In the event that City has not made a written demand for the Applicant to construct 3 the subject Improvements prior to 90 days before the end of the term of this Agreement, Applicant 4 shall be obligated, without written request by the City to construct and complete the subject 5 Improvements enumerated in Section 1 above.
6 7 6. Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the City, 8 Applicant expressly agrees to, and shall, indemnity, defend, release, and hold the City, and its 9 respective officials, officers, employees, agents, and contractors harmless from and against any Action, 10 liability, loss, damage, entry, judgment, order, and lien, which arises out of, or are in any way related 11 to, any act or omission of Applicant, or its officers, directors, employees, agents, or contractors, 12 connected with the performance under this Agreement, the construction, use, or operation of the 13 Project, notwithstanding that the City may have benefited therefrom, or any challenge to this 14 Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, 15 whether active or passive, on the part of Applicant’s officers, directors, employees, agents and 16 contractors. The City shall not be responsible for any acts, errors or omissions of any person or entity 17 except the City and its officers, agents, servants, employees or contractors. The Parties expressly agree 18 that the obligations of Applicant under this Section shall survive the expiration or early termination of 19 the Agreement.
20 21 7. Notices. All notices or written demands to be given pursuant to this Agreement by either party 22 shall be mailed by certified mail, return receipt requested, addressed as follows:
23 24
25 Applicant: D.R, Horton CA3, Inc.
26 711 North Court Street Suite R
27 Visalia, CA 93291
28 29
30 City: City Engineer
31 411 E. Kern Avenue
32 Tulare, California 93274
33 34 Each party shall promptly notify the other in writing of any change in that party's mailing address. 35 36 8. Default and Remedies.
37 38 a. Default. Applicant’s failure or unreasonable delay to perform any term or provision of 39 this Agreement constitutes a Default of this Agreement. In the event of a Default, the City shall give 40 written “Notice of Default” to the Applicant, specifying the Default. Delay in giving such notice shall 41 not constitute a waiver of the Default. If the Applicant fails to cure the Default within thirty (30) days 42 after receipt of a notice specifying the Default, or, if the Default is of a nature that cannot be cured 43 within thirty (30) days, the Applicant fails to commence to cure the Default within said thirty (30) days 44 and thereafter diligently prosecutes such cure to completion, then the Applicant shall be liable to the 45 City for any and all damages caused by such Default. 46 1 b. No Waiver. Failure to insist on any one occasion upon strict compliance with any of 2 the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant, or 3 condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or 4 more times be deemed a waiver or relinquishment of such other right or power at any other time or 5 times.
6 7 c. Legal Action. In addition to any other rights and remedies any party may institute a 8 legal action to require the cure of any default and to recover damages for any default, or to obtain any 9 other remedy consistent with the purpose of this Agreement. The following provisions shall apply to 10 any such legal action.
11 12 i. Legal action must be instituted and maintained in the Superior Court of the County 13 of Tulare, State of California.
14 15 ii. The laws of the State of California shall govern the interpretation and enforcement 16 of this Agreement.
17 18 iii. In the event either party commences an Action against the other party which arises 19 out of a Default of, breach of, failure to perform, or that is otherwise related to, this Agreement, then 20 the Prevailing Party in the Action shall be entitled to recover its litigation expenses from the other party 21 in addition to whatever relief to which the prevailing party may be entitled. For the purpose of this 22 section, “Prevailing Party” shall have the meaning ascribed in section 1032(a)(4) of the California Code 23 of Civil Procedure.
24 25 9. Recordation of Agreement. Upon execution of the Agreement by the City and the Applicant, this 26 Agreement shall be recorded in the Office of the Tulare County Recorder. From and after the date of 27 recordation, the terms and conditions of said Agreement shall be binding upon the heirs, executors, 28 administrators, grantees, and successors.
29 30 10. Modification. This Agreement shall be amended or modified only with the prior written consent 31 of all parties thereto and any such amendment shall be recorded forthwith in the Office of the Tulare 32 County Recorder.
33 34 11. Interpretation. The City and Applicant acknowledge that this Agreement is the product of mutual 35 negotiation and drafting and each represents and warrants to the other that it has been represented by 36 legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction 37 which provides the ambiguities in a document shall be construed against the drafter of that document 38 shall have no application to the interpretation and enforcement of this Agreement. In any action or 39 proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence 40 not in direct conflict with any specific provision of this Agreement to determine and give effect to the 41 intention of the parties hereto.
42 43
44 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first 45 above written.
46 “Applicant”
1 2
3 4
5 6 “City”
7 8
9 President of the Council and Ex-Officio
10 Mayor of the City of Tulare
11 ATTEST:
12 13
14 Chief Deputy City Clerk and Clerk
15 Of the Council of the City of Tulare
16 17 Approved as to form:
18 19
20 City Attorney
21 22
1 2
3 4
5 6
7 8
9 10
11 12
13 State of California )
14 )
15 County of Tulare ) Ss.
16 17
18 On ______________________________, before me, ____________________________, personally 19 appeared _________________________________________, personally known to me (or proved to 20 me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the 21 within instrument, and acknowledged to me that he/she/they executed the same in his/her/their 22 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 23 entity upon behalf of which the person acted, executed the instrument. 24 25 WITNESS my hand and official seal
26 27 Signature _______________________________
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 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.
1 2
3 4
5 6
7 8
9 10
11 12
13 State of California )
14 )
15 County of Tulare ) Ss.
16 17 On ______________________________, before me, ____________________________, personally 18 appeared _________________________________________, personally known to me (or proved to 19 me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the 20 within instrument, and acknowledged to me that he/she/they executed the same in his/her/their 21 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 22 entity upon behalf of which the person acted, executed the instrument. 23 24 WITNESS my hand and official seal
25 26 Signature _______________________________
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
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.

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CURVE DELTA RADIUS LENGTHTANGENTCHORD CURVE DELTA RADIUS LENGTHTANGENTCHORD CURVE DELTA RADIUS LENGTHTANGENT . 80° 16' 00" 20.00' 28.02' 16.86' 25.78' 88" 53' 1 1" 10° 38' 55" 27° 29' 24" _ 4 23.99' L 12.23' 23.76' 39° 26' 57' 94° 02' 30“ 4° 07' 39" " 328.111 23.63' 1. 11.82' I 23.62' C63 88° 51' 10' T 2007 31 .02' 19.60' 2801' ' 27° 44' 55" 10° 23' 02" " 27° 38' 46" 50.1X1' C64 F91° 08' 50" C 2001' V 31 .82' ' 20.40' A 28.57' 14° 22' 15" 13° 01' 09" A 9° 23' 55" 1 50.(X)' 8.20' 4.11' + 8.19' C65 91° 06' 49" ; 20.(X)' : 31 .80' 20.39' T 28.56’ 47° 09' 23" 1. 40° 16' 38' ' C52 k 54° 50' 13" 5001' 47.85' 25.94' 46.05' C66 1. 89° 46' 34" 20.00' 31 .34' 1 19.92' 2823’ ‘ 47° 09' 23" 1 13° 59' 31" C53 46° 52' 25' '4 5010 L 40.90' 21.68' J] 39.7 7' C67 r 90" 13' 26" 17 20.00' 31 .49' 2013' 28.34’ 1 37° 57' 40" 47° 09' 24; 4 a f C54 34° 27' 12" 1. 50.00' ‘ 31.07' 15.50' F 29.62' C68 , 38° 58' 21" . 20.00' ‘ 31 .06' P 19.64' -+ 28.03' 27° 29' 23" 83° 48' 46" C55 T 13° 22' 49" ' 50.00' 4 11.68' $ 5.86' 4 1 1.65' C69 146° 38' 40" 5001' 1. 127.97' 166.89' 95.79' 27° 29' 10' ' 25° 25' 05" C56 89° 46' 34" 20.00' 31 .34' 19.92' 28.23' 143° 49' 32" 50.(D' 125.51' 153.09' 95.06' 11° 47' m" ' 65° 4407" C57 " 27°27'07" ' 50.00' 23.96' F 12.21' ' C71 ' 23° 24' 1 1" L27207 J". 11 1.10' 1; 56.34' 1 110.33' 47° 09' 23" I 21° 19' 59" C58 L 19° 16' 49" 1 50W . 1. C72 1. 257° 26' 51" J, 5000' 1. 224.67' k 6236' j 78.02' 1....470 09' 23" 37° 48' 40‘; . r . F J. C59 52° 36' 53" 50.(X)' 45.92' 24.72' 44.32' 27° 51' 43" ‘ 328.1” 159.50' 81.36' 157.93' L 37° 43' 37" C46 1° 52' 04" 1 328.1” 1 10.69' 5.35' L 10.69' C60 47° 28' 02'! 5000' 41 .42' 145° 33' 46" 127.03' 161 .34' 95.52' 27°29'10" 11°13'05" 24°27'57" JOB: 20302 OCTOBER2020 SHEET3 OF3

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Accept Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for September 2022.

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

The Capital Improvements Projects (CIP) Dashboard for September 2022 is attached reflecting the quarterly status of capital projects highlighting the timeline, budgets, percentage complete, and notes indicating specific activity related to each project. The dashboard provides a visual summary of the overall progress of the projects for the City Council’s edification.

Background information related to the policies for projects, and additional information related to the attached report is presented below.

On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed;
• Create department 5-year project plans;
• Improve pre-planning and preparation;
• Identify and implement management policies and procedures; • Improve project cost tracking and project delivery;
• Formalize and improve project reporting; and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

Pursuant to the City Council’s request, Staff provides quarterly Capital Improvement Projects Dashboards for all major capital projects that fall under the City Council’s purview. The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes.

The color metric contained on the dashboard reflects the current state of the project. Projects shown in BLUE are in the Design Phase. Projects shown in GREEN are in the Environmental or Right of Way Acquisition Phase. Projects shown in ORANGE are those that are in the Construction or Implementation Phase.

AGENDA ITEM: Consent 18
STAFF RECOMMENDATION:

Accept Engineering/Project Management Capital Improvements Projects (CIP) Dashboard for September 2022.

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: Nick Bartsch Title: Sr. Project Manager
Date: September 12, 2022 City Manager Approval: ____________

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0084:PleasantAvenueImprovements
District(s):
1 &
2 Pavement
management system
and utility project on
Pleasant between
Cromley Street and “H”
Street. Includes ADA
concrete work and
water, sewer andstorm drain facilities.

Realigns West Street
intersection and
installs improvementsfor future trafficsignals.

ConstructionThe project wasbroken into
6 phases.

Phases
A ‐ E
(Enterprise St.
–
H
St.)
– Complete
Phase F (PleasantAve./West St.Intersection)
– Utility
Under‐grounding
–
Complete; New
Traffic Signal
Installation ‐ Ongoing
Total Budget: $7,760,680
Division: Engineering Construction
Award: $5,256,442.08
ProjectManager:

Nick Bartsch CO’s to Date:

SCEUndergrounding
$ 245,187.70
(4.4%)
$327,030
Expected Completion:

Summer 2022
Engineer: Provost
&
Pritchard
Total Contract:
$5,828,659.79
Contractor: Dawson‐
Mauldin,LLC.

Funding: Measure R,
Water CIP, Sewer CIP
ContractWorking Days: 225
95%
Design R.O.W. Const.

ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0088:Prosperity /
West TrafficSignal
District(s): 1 & 2 Expansion project to
install a traffic signal at
the intersection of
Prosperity and West.

Includes ROWacquisition to allow
placement of facilities
at their ultimate
location. Includes ADAconcrete work, sewer
water, storm drain, and
TID facilities.

Design is complete,
and ROW acquisition
is ongoing.Anticipated to bid in
Summer/Fall 2022pending ROW
acquisition status.
*The Engineer’sEstimate has beenupdated based on
anticipated escalatedmaterial and laborprices seen on recent projects,
unforeseeable at thetime this project was
budgeted. Based on
this, it is likely that abudget amendment
will be necessary at
the time of contract
award.

Total Budget: $3,486,840
Division: Engineering
ConstructionEstimate:
$3,295,446
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Engineer: QK
TotalContract:

TBD
Contractor: TBD
ContractWorking Days TBD
Expected Completion
2023
Funding: Measure R,Gas Tax, Water CIP,
Sewer CIP
50%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0090
–
Sequoia‐Spruce Tracts
Improvements
District(s):
3 Pavement
management system
and utility project on
Spruce St. (Bardsley‐
Tulare), Sierra (Hwy 99‐
Spruce), Sierra/Sequoia
Alley (Hwy 99‐Spruce),Sequoia (Dayton‐
Spruce), and adjacent
alleys. Includes ADA
concrete work, water,
sewer, and storm drain
facilities.

ConstructionThe project wasbroken into
5 phases.

Phase
1‐4 ‐ (Spruce
St.: Bardsley Ave. toSierra Ave.; Kern Ave.
& Sequoia Ave.
–
Dayton ‐ Spruce) ‐ Complete.

Phase
5 ‐ (Spruce St.

Sierra Ave.
– Tulare
Ave.)
– Concerns
over condition ofpaving
– Pending
Remediation
TotalBudget:
$8,169,148
Division: Engineering
ConstructionContractAward:

Project $6,045,366.78Manager:

Nick Bartsch
CO’s to
Date:
$60,509.86
(1.00%)
Engineer: Peters
EngineeringGroup
TotalContract: $6,105,876.64
Contractor: 99 Pipeline,
Inc.

ContractWorkingDays:
270
Expected Completion:

Summer 2022
Funding: Measure R,Gas Tax SB1 (RMRA),
Water CIP, Sewer CIP,
Storm Drain CIP
EN0091:Elliott TractImprovements
District(s):
1 Pavement management
system and utility
project on Owens
(West‐Santa Clara), LosAngeles (Bardsley‐
Owens), Elm (West‐
Sacramento), and Santa
Clara (Bardsley‐Inyo).

Includes ADA concrete
work and water, sewer
and storm drain
facilities.

ConstructionThe project wasbroken into
5 phases.Phase
1,2,3,4 ‐ (Los
Angeles St.
& Santa
Clara St.: Sonora
Ave.
– Inyo Ave.;
Elm Ave.:Sacramento St.
–
West St.; Los
Angeles: Bardsle
y ‐
Sonora) ‐ Complete.Phase
5 ‐ (Santa
Clara St.: Bardsley ‐ Sonora)
– Nearly
Complete
TotalBudget:
$5,566,373
Division: Engineering
Contract
Project Award: $4,136,815Manager:

Nick Bartsch
CO’s to
Date:
$46,507.44
Engineer: 4Creeks (1.11%)
TotalContract:
$4,183,322
Contractor: Dawson‐
Mauldin, LLC. Contract
WorkingDays:
190
Expected Completion:

Summer 2022
Funding: Gas Tax, Gas
Tax (RMRA) SB1, Water
CIP, Sewer CIP, Streets
CIP, Storm Drain CIP
97%
Design R.O.W. Const.
95%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0092:Pratt St.
/
Mefford‐Choice Tracts
Improvements
District(s):
1 &
2 Pavement management
system and utility projecton Pratt (Bardsley‐Inyo),
Walter (Bardsley‐Elm),
Oliver (Bardsley‐Elm),
Cleveland (Bardsley‐Elm),
Victoria (Bardsley‐Elm),
Elm (Howard‐D Street),
and “C” Street (Elm‐
Alpine). Includes ADAconcrete work and
water, sewer and storm
drain facilities.

Construction:Started 2/25/22;Project was broken
into
5 Phases
Phase
1 (Walter St.
& Oliver St.:Bardsley
– Elm)
–
Utilities; Phase
5 (Elm Ave.: Pratt St.
–
D St.;
C St.: Elm
–
Sonora)
– Complete
Phase
3 (Pratt St.
–
Bardsley Ave.
–
Sonora Ave.) ‐
Ongoing
Budget: $8,697,765
Division: Engineering
ConstructionContractAward:
$6,782,277.60
ProjectManager:

DavidDodson
CO’s to Date: ‐$16,453.11
Designer (0.24%)
/
Engineer:

Provost
&
Pritchard Total
Contractor: Dawson‐ Contract: $6,765,824.49
Mauldin,LLC. Contract
WorkingDays: 220
Expected Completion:

Early 2023
Funding: Measure R, GasTax, CDBG, Gas Tax(RMRA) SB1, Water CIP,Sewer CIP, Streets CIP,Storm Drain CIP EN0093:Prosperity&
J St.

IntersectionImprovements
District(s):
2 CRISI Grant funded
project to add protected
left movements for
E/bound
& W/bound
traffic at Prosperity andJ Street, add a pre‐signal
in advance of the UPRR
crossing, and install ADA
compliant pedestrian
improvements.

Design: Design and
coordination withUnion Pacific
Railroad is ongoing
Budget: $2,800,000
Division: Engineering
ConstructionEstimate(CityPortion):
$700,000
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Designer
/
Engineer:

PetersEngineeringGroup
TotalContract:ContractWorkingDays:

TBDTBD
Contractor: TBD
Funding: Gas Tax
(HUTA), CRISI Grant
Expected Completion:
2023
40%
Design R.O.W. Const.
75%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0094:Sycamore
&
San JoaquinImprovements
District(s):
4 Pavement Management
System / Utility project on
King Ave. between
O St.
and Cherry St.; SycamoreAve. between Cherry St.and Blackstone St.; SanJoaquin Ave. between O
St. and Blackstone St.;
Madden St. betweenTulare Ave. and King St.;
Delwood St. betweenSycamore Ave. and San
Joaquin Ave.; and N.Highland St. between
Tulare Ave. and Sycamore
Ave. Includes ADAConcrete work, Water,Sewer and Surface Water facilities.

Construction:Started 5/24/22;Project was broken
into
6 Phases
Phase
5 (San Joaquin:

O St.
– Cherry St.) ‐
CompletePhase
1 (King Ave.:

O
St.
– Cherry St.;
Madden St.: TulareAve.
– King St.)
–
Ongoing.

Budget: $8,743,192
Division: Engineering
ConstructionContractAward:
$6,652,485.50
ProjectManager:

DavidDodson
CO’s to Date: $7,885.00
Designer
/ (0.12%)
Engineer:

PetersEngineeringGroup
TotalContract:ContractWorkingDays:
$6,660,370.50
240
Contractor: Floyd
Johnston
Construction
Funding: Gas Tax (RMRA),
CDBG, Water CIP, SewerCIP, Streets CIP, StormDrain CIP
Expected Completion:

June 2023
20%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0095:Academy
&
ApricotImprovements
District(s):
4 Pavement Management
System / Utility project on
Apricot Ave. betweenGem St. and Blackstone
St.; Academy Ave.between Gem St. and
Blackstone Ave.; Pine Dr.
between Academy Ave.and Highland St.; E. La
Mesa Dr. betweenAcademy Ave. and
Blackstone St.; N. Gem St.
between San Joaquin Ave.and Academy Ave.;
Highland St. between San
Joaquin Ave. and theSanta Fe Trail; andOlympic Ct. at Apricot Ave. Includes ADAConcrete work, Water,Sewer and Surface Water facilities.

DesignThe design is
complete. *Due toindustry‐wide costescalation andfunding uncertainty, bidding of theproject is on hold.

Bidding
& Award:

This contract will be
brought to the City
Council and Board ofPublic Utilities for
approval.The Engineer’sEstimate has beenupdated based on anticipated escalated
material and laborprices seen on recent
projects,
unforeseeable at thetime this project was
budgeted.

Budget: $7,434,068
Expected Completion:

TBD*
Division: Engineering
ConstructionEstimate(CityPortion):
$6,881,770
ProjectManager:

DavidDodson
CO’s to Date: N/A
Designer
/
Engineer:
4 Creeks
TotalContract:ContractWorkingDays:

TBDTBD
Contractor: TBD
Funding: Gas Tax(RMRA/HUTA), Water CIP,
Sewer CIP, Streets CIP,Storm Drain CIP
100%
Design R.O.W. Const.

ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0098:StreetsNortheast of
Tulare Ave. &Dayton St.Improvements
District(s): 3 Pavement Management
System / Utility project
on Academy Ave.
between Dayton St. and
Laspina St; Stanley Dr.
between Lane St. and
Academy Ave.; La Mesa
Ave. between Dayton St.
and Spruce St.; Burton
Ave. east of Lane St.;
Miracle Ct.; Dayton St.
between Tulare Ave.
and La Mesa Ave.; Lane
St. between Tulare Ave.
and Burton Ave.; and
Canby St. between
Tulare Ave. and the
Santa Fe Trail. Includes
ADA Concrete work,
Water, Sewer and
Surface Water facilities.

City Councilawarded the Designcontract to Peters
Engineering Group
on 6/21/22.Design: Thetopographic survey
is complete; Design
work is underway.

Budget: $6,807,467
Division: Engineering
ConstructionEstimate:
$4,473,139
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Designer /Engineer:

PetersEngineeringGroup
TotalContract:ContractWorkingDays:

TBDTBD
Contractor: TBD
Funding: Gas Tax
(HUTA), CRISI Grant
Expected Completion:

Spring 2024
20%
Design R.O.W. Const.

ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion EN0099:StreetsNortheast of
Tulare Ave. &Canby St.Improvements
District(s): 3 & 5 Pavement Management
System / Utility project
on Tulare Ave./Cheryl
Lane Alley betweenCanby St. and Mt. View
St.; Cheryl Lane at
Laspina St.; AcademyAve. between Laspina
St. and Mt. View St.;
Burton Ave. west of
Laspina to east of Mt.

View St.; Eastgate Ave.
west of Laspina St. toMt. View St.; VinelandAve. between Laspina St. and Mt. View St.; and
Fairwind Ct. at VinelandAve. Includes ADA
Concrete work, Water,
Sewer and SurfaceWater facilities.

City Councilawarded the Designcontract to 4 Creeks
on 6/21/22.

Design: Thetopographic survey
is complete; Design
work is underway.

Budget: $5,521,134
Division: Engineering
ConstructionEstimate:
$3,620,698
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Designer /Engineer:
4 Creeks
TotalContract:ContractWorkingDays:

TBDTBD
Contractor: TBD
Funding: Gas Tax
(HUTA), CRISI Grant
Expected Completion:

Spring 2024
20%
Design R.O.W. Const.

ENGINEERING SERVICES
/ PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion FM0046
–
CourthouseRenovation
/
Parking LotRehabilitation
District(s): ALL Remodel the existing
courthouse adjacent to
City Hall to allow
occupancy by the
Police Department andother potential interim
uses. (e.g. Business
Incubator) ;
Rehabilitate the City
Hall/Courthouse/PoliceDepartment parking lot
to address security,
ADA compliance,drainage, pavement
and circulation issues.

City Council awarded
the Design contractto
4 Creeks on
6/7/22.Design: The design of
the former
Courthouse buildingand parking lot
rehabilitation/reconfiguration is60% complete.Bidding is anticipated Late 2022
/ Early
2023.

TotalBudget:
$3,000,000
Division: Engineering
Construction
Project Estimate: TBDManager:

Nick Bartsch
CO’s to
Date:

Engineer:
4 Creeks N/A
TotalConstructionContract:

TBD
Contractor: TBD
ContractWorkingDays:

TBD
Expected Completion:

Summer/Fall 2023
Funding: ARPA, 2018
Lease Revenue Bonds
FM0048
–
HomelessShelter
District(s): ALL Construct an emergency
homeless shelter facility
consisting of perimeter
fencing, parking,
exterior lighting,
modular office building,
restroom and shower
facilities (trailers),modular classrooms,
food pantry, laundry,modular housing units,
storage containers, dog
kennels, and 20,000 SF
steel building primary
shelter structure.

City Council
awarded
a contract
to
4 Creeks on
7/19/22.Design: The designis underway.
30% Design Review
– Scheduled for mid‐
October*Temporary Site:

Property Acquisition– Pending; UnderDesign.

Total Budget:
$3,500,000
Division: Engineering
ConstructionEstimate:

TBD
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Engineer/Architect:
4 Creeks
TotalConstructionContract:

TBD
Contractor: TBD
ContractWorking Days: TBD
Expected Completion:

Fall 2023
Funding: ARPA
60%
Design R.O.W. Const.
20%
Design R.O.W. Const.

ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: September 20, 2022 Project Name Contacts Description Progress Update Project Budget Completion PK0033 –Zumwalt ParkRe‐Development
District(s): 3 Redevelop Zumwalt
Park to include an
Amphitheater,playground and splashpad.

City Councilawarded a contract
to RRM DesignGroup on 6/21/22.Design: The designis 30% complete.

Bidding is
anticipated Early2023.

Total Budget: $5,000,000
Division: Engineering
ConstructionEstimate:

TBD
ProjectManager:

Nick Bartsch
CO’s to Date: N/A
Engineer/Architect:

LaneEngineers /RRM Design
Group
TotalConstructionContract:

TBD
Contractor: TBD
ContractWorking Days: TBD
Expected Completion:

Funding: ARPA Fall 2023
30%
Design R.O.W. Const.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: Engineering Services / Project Management For Board Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Approve a list of pre-qualified consultants for on-call water well design services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Carollo Engineers, Inc. of Fresno, CA, and Provost & Pritchard of Visalia, CA, for a period of up to two years with three (3) annual renewals available.

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

With the identified needed improvements across multiple services (streets, water, wastewater, parks) the City has utilized contractual services for various components of construction. The City has continued to work hard to develop and implement a plan to rehabilitate and upgrade the current utility systems in conjunction with the City’s transportation system to increase the systems' efficiencies. Without the ability to perform the volume of these types of services inhouse, the Engineering, Project Management and Public Works Divisions are establishing a short list of pre-qualified firms to provide typical water well engineering as:
• Prepare Preliminary Design Report for pump and appurtenances and well site design. • Prepare construction documents.
• Perform associated utility coordination.
• Obtain necessary permits with assistance from City staff. • Assist City staff in construction bidding.
• Provide Construction Support Assistance as needed.

Many cities and other government entities retain well design consultants on an on-call basis to provide these services. On July 19, 2022, a Request for Qualifications (RFQ) for on-call construction surveying services was issued. Four (4) firms submitted proposals to be considered for inclusion on a list of pre-approved consultants to provide these services. Based upon the procedures identified in the City’s adopted Purchasing Policy 15-04 and the requirements of the California Government Code, Chapter 10, Section 4526 for the selection of professional service contracts, the proposals were reviewed and rated in accordance with the consultant selection procedures identified in the RFQ. Consultant proposals were evaluated based upon their demonstrated competence and their professional qualifications necessary for the performance of the services required. Due to the volume of upcoming projects, two (2) firms are recommended for inclusion on the list of prequalified construction surveying consultants. Each of these firms brings a unique background of expertise that will be utilized on the variety of projects currently identified in the City’s Capital Improvement Program.

Sealed cost proposals from these two (2) recommended firms were opened and reviewed for adherence to the terms and conditions established in the RFQ and proposed rates have been AGENDA ITEM: Consent 19
confirmed to be fair and reasonable, relative to industry standards. The recommended firms, based upon their respective qualifications, were identified as follows:
1) Carollo Engineers, Inc. of Fresno CA
2) Provost & Pritchard of Visalia, CA,
It is proposed that the City enter into contract agreements for on-call services with these firms for a period of two (2) years, with three (3) annual renewals upon satisfactory performance.

Hourly rates and conditions are agreed upon up front, then as specific scopes of work are developed for each project, cost proposals will be submitted for review and approval. Authorized expenditures under the contracts shall not exceed the amount authorized under the City Council’s adopted purchasing policy, and shall be approved by the City Manager or designee in accordance with the approved budgets for the individual projects.

STAFF RECOMMENDATION:

Approve a list of pre-qualified consultants for on-call water well design services, and authorize the City Manager to enter into consultant professional service contracts, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, with Carollo Engineers, Inc. of Fresno, CA, and Provost & Pritchard of Visalia, CA, for a period of up to two years with three (3) annual renewals available.

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

Various / To be determined
Submitted by: Michael Powers Title: Project Manager
Date: September 14, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Public Works - Fleet
For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Award the purchase of five (5) new/unused 2023 Ford Police Interceptor Utility (K8A) AWD hybrid vehicles to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $254,953.55, which includes all fees, tax and shipping.

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

The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase five (5) new/unused 2023 Ford Police Interceptor Utility (K8A) AWD hybrid vehicles from National Auto Fleet Group, of Watsonville, CA in the amount of $254,953.55.

The FY 2022/23 budget, includes the purchase of the five (5) new vehicles as noted below.

The City was successful in receiving a grant from the San Joaquin Valley Air Pollution Control District for the purchase of new alternative fuel vehicles. The grant will cover $20,000 of the purchase price for each vehicle noted below through a reimbursement process once the vehicles are received. The total price for each unit is $50,990.71. The City’s cost will be $30,990.71 after the grant funds are received. The original budget for the units was anticipated at $38,000 each. Through this approval, it is also requested that the budgets for each unit get increased by $13,000 each to cover the cost of purchase. The additional funds will come from the General Fund.

Adopted Amended
Department Unit Budget Budget

1. Police Replace Unit 319 $38,000 $51,000

2. Code Enforcement Replace Unit 105 $38,000 $51,000

3. Code Enforcement Replace Unit 302 $38,000 $51,000

4. Safety/Facilities New Unit $38,000 $51,000

5. Fire Replace Fire SUV/Truck $38,000 $51,000
The Sourcewell purchasing contract is available to agencies nationwide, and is therefore very competitive and very limited. The Fleet Superintendent was notified that the deadline for ordering the units was September 9, 2022. Due to the time constraints, the City Manager approved the issuance of a purchase order to secure the build of the vehicles. There is a 16-18 week build time for the Ford Police Interceptor Hybrids. If the City Council does not approve this item, the build will be cancelled and we will have to wait for availability of the 2024 model or find availability within a comparable brand/type hybrid vehicle.

AGENDA ITEM: Consent 20
STAFF RECOMMENDATION:

Award the purchase of five (5) new/unused 2023 Ford Police Interceptor Utility (K8A) AWD hybrid vehicles to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $254,953.55, which includes all fees, tax and shipping.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☒Yes ☐No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
604-4604-7301 Repl Unit 319 – Police Increase by $13,000 604-4604-7315 Repl Unit 105 – Code Enforce Increase by $13,000 604-4604-7316 Repl Unit 302 – Code Enforce Increase by $13,000 604-4604-7317 Escape – Safety/Facilities Increase by $13,000 604-464-7319 Repl – Fire SUV/Truck Increase by $13,000
Submitted by: Trisha Whitfield Title: Public Works Director Date: September 14, 2022 City Manager Approval: ____________

07/14/2022

CITY OF TULARE
1 11:40AM
expstat.rpt Expenditure Status Report Page:
7/1/2022 through 6/30/2023
Periods: 0 through 13
604 FLEET REPLACEMENT FUND
4604 *** Title Not Found ***
Prct
Balance Used
Year-to-date
Encumbrances
Year-to-date
Expenditures Expenditures
Adjusted
Account Number Appropriation
7000 CAPITAL OUTLAY
7301 RPL UNIT 319 - POLICE 38,000.00 0.00 0.00 0.00 38,000.00 0.00 7302 EXPLORER - POLICE EXPANSION 65,000.00 0.00 0.00 0.00 65,000.00 0.00 7303 EXPLORER - POLICE EXPANSION 65,000.00 0.00 0.00 0.00 65,000.00 0.00 7304 EXPLORER - POLICE EXPANSION 65,000.00 0.00 0.00 0.00 65,000.00 0.00 7305 EXPLORER - POLICE EXPANSION 65,000.00 0.00 0.00 0.00 65,000.00 0.00 7306 REPL UNIT 220 - ENGINEERING 35,000.00 0.00 0.00 0.00 35,000.00 0.00 7307 SIDELOADER - SW 325,000.00 0.00 0.00 0.00 325,000.00 0.00 7308 REPT UNIT 5576-ROLL OFF 230,000.00 0.00 0.00 0.00 230,000.00 0.00 7309 REPL UNIT 5572-FRONTLOADER 325,000.00 0.00 0.00 0.00 325,000.00 0.00 7310 REPL UNIT 5007-FRONTLOADER 325,000.00 0.00 0.00 0.00 325,000.00 0.00 7311 EXPLORER-SW RECYCLING COORD 35,000.00 0.00 0.00 0.00 35,000.00 0.00 7312 ESCAPE-SW/WATER- CONSER COORD 35,000.00 0.00 0.00 0.00 35,000.00 0.00 7313 DODGE RAM - WATER 35,000.00 0.00 0.00 0.00 35,000.00 0.00 7314 REPL UNIT 78 - FAC MAINT 51,550.00 0.00 0.00 0.00 51,550.00 0.00 7315 REPL UNIT 105 - CODE ENFORCE 38,000.00 0.00 0.00 0.00 38,000.00 0.00 7316 REPL UNIT 302 - CODE ENFORCE 38,000.00 0.00 0.00 0.00 38,000.00 0.00 7317 ESCAPE- SAFETY/FACILITIES 38,000.00 0.00 0.00 0.00 38,000.00 0.00 7318 3/4 T TRUCK - FLEET REPL 51,550.00 0.00 0.00 0.00 51,550.00 0.00 7319 REPL- FIRE SUV/TRUCK 38,000.00 0.00 0.00 0.00 38,000.00 0.00 7320 ESCAPE-REPL MOTORPOOL 35,000.00 0.00 0.00 0.00 35,000.00 0.00 Total FLEET REPLACEMENT FUND 1,933,100.00 0.00 0.00 0.00 1,933,100.00 0.00 Grand Total 1,933,100.00 0.00 0.00 0.00 1,933,100.00 0.00 Page: 1

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Project Management For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to complete and execute, after the close of escrow, the documents necessary to purchase property located as a portion of APN 168-340-002 in the amount of $6,900 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.

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 second owner who 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, Hector M. Coronel, 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 $6,900 in accordance with the terms previously authorized by the City Council. This property acquisition encompasses 720 square feet. The property has minor improvements on the portion being acquired. The land is valued at $4,320, and the value associated with existing improvements affected by the acquisition (cost to cure) was determined to be $2,481.60. The subsequent acquisition offer was rounded to $6,900.

STAFF RECOMMENDATION:

Authorize the City Manager to complete and execute, after the close of escrow, the documents necessary to purchase property located as a portion of APN 168-340-002 in the amount of AGENDA ITEM: Consent 21
$6,900 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.

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: September 14, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Community & Economic Development For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☒Resolution ☒Other ☐None

AGENDA ITEM:

Adopt a resolution approving the 2021 Consolidated Annual Performance Evaluation Report (CAPER) as presented; and authorize the City Manager or his designee to submit the CAPER to HUD on behalf of the City of Tulare.

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

The City’s Community and Economic Development Department (CEDD), in cooperation with other departments, oversees most federal and state grants addressing community development and social service issues. In order to utilize Community Development Block Grant (CDBG) and other federal grants on a yearly basis, CEDD staff must prepare Annual Action Plans (AAP) and Consolidated Annual Performance Evaluation Reports (CAPER). An AAP identifies service levels and anticipated budgets on all activities ahead of each program year, while a CAPER describes the City’s progress toward achieving the goals set under a current Consolidated Plan. Copies of current and previous Annual Action Plans, ConPlan, and CAPERs are available on the CEDD webpage at
https://www.tulare.ca.gov/government/departments/community-economicdevelopment/housing-cdbg-services/reports.

The 2021 CAPER details the outcomes of activities and projects implemented with CDBG and Coronavirus Aid, Relief, and Economic Security CDBG (CARES Act CDBG) funds between July 1, 2021, and June 30, 2022. During this period, the City committed a total of $769,648 in CDBG funds across eight (8) activities with goals aligned to the City’s Consolidated Plan. The City also allocated $200,000 in CARES Act CDBG funds to a rent, mortgage, and utility relief program for people that experienced a financial hardship related to the coronavirus pandemic.

The specific CDBG and CDBG-CV activities implemented during the 2021 Program Year are listed in Tables 1 and 2 below.

Table 1 – 2021 CDBG Activities
Consolidated Plan Goal Activity and Funding Commitment
Improve public infrastructure
and facilities
• Pratt Street Mefford Choice Tract utility system and
sidewalk improvements - $462,065
Support homeless and public
services
• Local Initiatives Navigation Center events with the Kings Tulare Homeless Alliance - $10,000
• Case management services for clients in the Tulare
Housing First Program with Family Services of Tulare
County - $25,000
AGENDA ITEM: Public Hearing 1
• Street outreach, case management and housing
navigation with Kings View PATH - $25,000
• Street outreach and distribution of food and palliative relief items - $46,797
Preserve and develop
affordable housing
• Minor home repair and rehabilitation program with the Habitat for Humanity of Tulare / Kings Counties -
$68,750
Facilitate economic
development • Job training and placement services with the Workforce Investment Board of Tulare County - $5,839
Maintain effective program
administration and planning
• Personnel and operating costs incurred by Community
and Economic Development Department - $126,198
Total number of activities
and amount of CDBG funds
Eight (8)
$769,648
Table 2 – CARES Act CDBG Activities
Federal Requirements Activity and Funding Commitment
Implement activities and projects
that …
Prevent, prepare for, and
respond to the coronavirus
(COVID-19) pandemic
AND
meet CDBG Program standards
*Funds remaining from CDBG-CV grant Tranche 3
• Mortgage, rent, and utility relief payments with the
United Way of Tulare County - $200,000
Total number of activities and
amount of CDBG-CV funds
• One (1)
• $200,000
2021 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT The vast majority of CDBG and CDBG-CV activities satisfied their respective service goals.

The City maintained compliance with most of the CDBG Program requirements regarding spending limits and timely performance. Program administration and planning costs remained below the mandated 20 percent threshold at about 13 percent of 2021 CDBG and program income funds; however, total public service expenditures exceeded the 15 percent threshold by less than one percent. When accounting for all CDBG funds, the 2021 allocation, previous year balance, and program income, the City only expended 14 percent of the overall $769,648 in CDBG funds on public service activities. And with respect to the CDBG Program timely performance rule, CEDD staff estimated a balance of 1.40 times its annual grant remaining in the line of credit. This ratio is calculated 60 days prior to the end of a program year on May 2, 2022. The approximate rate of 1.40 is below the mandate of 1.5, and does not account for an end-of-the-year draw for expenses after June 30, 2022. Altogether, in Program Year 2021 the City expended $717,806.05, about 93 percent of all CDBG funds, and $194,257.28 in CDBGCV funds. The latter of which brought the City’s total CDBG-CV expenditure rate to about 99 percent.

City staff and their partner organizations addressed Consolidated Plan goals, continued a critical support during the COVID-19 pandemic, and provided direct assistance to 624 moderate and/or low-income households. This total excludes about 3,365 low-income households / beneficiaries of the public infrastructure improvement project. The draft of the 2021 CAPER describes in greater detail the outcomes, both service level and financial, of CDBG and CDBG-CV activities.

STAFF RECOMMENDATION:

Adopt a resolution approving the 2021 Consolidated Annual Performance Evaluation Report (CAPER) as presented; and authorize the City Manager or his designee to submit the CAPER to HUD on behalf of the City of Tulare.

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

Community Development Block Grant and CARES Act CDBG (Fund 077) Submitted by: Alexis Costales Title: Senior Housing and Grants Specialist Date: September 12, 2022 City Manager Approval: ____________ Attachments:

DRAFT 2021 Consolidated Annual Performance Evaluation Report (CAPER) RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
APPROVING THE CITY OF TULARE PROGRAM YEAR 2021-2022 CONSOLIDATED

ANNUAL PERFORMANCE EVALUTION REPORT AND AUTHORIZING STAFF TO

SUBMIT THE REPORT TO THE US DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT
WHEREAS, the City of Tulare receives Community Development Block Grant (CDBG) allocations as an entitlement jurisdiction from the government of the United States under Title I of the Housing and Community Development Act of 1974; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is the federal agency that promulgates regulations and oversees the administration of the CDBG Program; and
WHEREAS, HUD requires that entitlement jurisdictions complete an annual evaluation of their grant programs through a report known as the Consolidated Annual Performance Evaluation Report (CAPER); and
WHEREAS, a public notice announcing the availability of the CAPER on the 2021 Program Year and the 15-day public comment period for the CAPER was published on September 7, 2022, in the Visalia Times Delta and Tulare AdvanceRegister; and WHEREAS, a minimum 15-day public comment period will close on September 21, 2022, and, the City Council will consider all information related to the 2021 Program Year CAPER, including any comments provided during the review period, public meeting, and/or public hearing; and
WHEREAS, the City of Tulare expended $717,806, about 93 percent of the total available CDBG funds, across eight (8) different activities during the 2021-2022 Program Year.

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

Section 1. Program Year 2021-2022 Consolidated Annual Performance Evaluation Report (CAPER) is hereby approved.

Section 2. The City Manager and/or their designee is authorized to submit the CAPER to the U.S. Department of Housing and Urban Development (HUD).

Section 3. City staff is authorized to make minor technical modifications and/or necessary corrections to the CAPER as required by HUD.

RESOLUTION 2022- Page 2
PASSED, APPROVED, AND ADOPTED this 20th day of September, 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
RESOLUTION 2022- Page 3

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, hereby certify the foregoing is the full, true, and correct copy of Resolution 2022-XX duly adopted by the City Council of the City of Tulare at a regular meeting held on September 20, 2022, by the following vote:

AYES: Councilmember(s)
NOES: Councilmember(s)
ABSENT: Councilmember(s)
ABSTENTIONS: Councilmember(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
2021 Consolidated Annual Performance
and Evaluation Report (CAPER)
Community and Economic Development Department
411 East Kern Avenue
Tulare, CA 93274
www.tulare.ca.gov
559-684-4224
2021 Consolidated Annual Performance Evaluation Report (CAPER) – City of Tulare Table of Contents
CR-05 – Goals and Outcomes ………………………………………………………..……………………….……….....1 CR-10 – Composition of Households Assisted……………………………………………………………………..6 CR-15 – Resources and Investments ……………………………………………………………………………........7 CR-20 – Affordable Housing 91.520 (b) ………………………………………………………………..…………….11 CR-25 – Homeless and Other Special Needs 91.220(d,e); 91.320(d,e); 91.520(c) ……….………13 CR-30 – Public Housing 91.20(h); 91.320(j) …………………………………………………………………..…….17 CR-35 – Other Actions 91.220(j)-(k); 91.230 …………………………………………………………….………...18 CR-40 – Monitoring 91.220 and 91.230 ………………………………………………………………….…………..21 CR-45 – Citizen Participation Plan 91.520 (c) …………………………………….……………….….……………22 Appendix A – Financial and Activity Outcomes
Appendix A1 – Copy of CAPER Cover Page ……………………………………………………………………….…24 Appendix A2 – FY2021 CDBG Allocation and Expenditures……………………………………………….…25 Appendix A3 – FY2021 CDBG Summary of Accomplishments………….…………………………….…26-27 Appendix A4 – PR-26 Financial Summary Report by Activity…………………………………………….…28 Appendix B – Citizen Participation
Appendix B1 – Public Notice (English) and Proof of Publication …………………………………….…30-32 Appendix B2 – Public Notice (Spanish) and Proof of Publication……………….…………………….…33-35 Appendix B3 – Display of Public Notice – City Website………….……………………………………….….36 Appendix B4 – Display of Notice for Public Meeting – City Website……………….……………….…37 Appendix B5 – City Council Meeting, Public Hearing, and Resolution…………….……………….…38-44 Appendix C – Continuum of Care Point-In-Time Report 2022 Appendix C1 – Point In Time Executive Summary Tulare County …………………………………….…46-47 Appendix C2 – Point In Time Executive Summary City of Tulare ……………….…………………….…48-49 Appendix C3 – PIT Survey Results – Tulare County ………….…………….……………………..……….….50-52 Appendix C4 – PIT Survey Results – City of Tulare ……………….………………………………………….…53 Appendix D – HUD Integrated Disbursement and Information System (IDIS) Reports Appendix D1 – PR 23 – Summary of Accomplishments Parts 1-2 …………………………………….…48-51 Appendix D2 – PR 26 – CDBG Activity Summary by Selected Grant ……………….……………….……..52 Appendix D3 – PR 05 – Drawdown Report by Project ………….…………….……………………..……….53-55 Appendix D4 – PR 09 – Program Income Receipt Detail ……………….…………………….……………. 56-57 2021 Consolidated Annual Performance Evaluation Report (CAPER) 1 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) The 2021 Program Year is the second of five years within the City of Tulare’s current Consolidated Plan (2020-2024) and accounts for activities undertaken between July 1, 2021, and June 30, 2022. The 2021 Consolidated Annual Performance and Evaluation Report (CAPER) describes the City’s progress toward achieving the strategic goals identified in the Consolidated Plan, and presents outcomes of largely the projects implemented with Community Development Block Grant (CDBG) and CDBG Coronavirus Aid, Relief, and Economic Security Act (CARES Act | CDBG-CV) funds available to the City of Tulare.

The City committed a total of $769,648 in CDBG funds, which consisted of a 2021 CDBG award of $701,908, program income received in the amount of $12,065 during fiscal year 2021, and the reallocation of $55,604 in funds remaining 2020 CDBG award. In addition to standard CDBG activities and funds, the City of Tulare amended their 2019 Annual Action Plan to commit all remaining federal CARES Act CDBG funds (CDBGCV), approximately $189,000, to a rent, mortgage, and utility assistance activity and general program administrative work.

Through agreements with external organizations and across different City of Tulare Departments, the City implemented activities that met strategic goals of the Consolidated Plan. In Program Year 2021, projects addressed goals via public facility and infrastructure improvements, homeless services and prevention efforts, and, affordable housing preservation. And on December 7, 2021, the Tulare City Council approved Amendment V, and in so doing, permitted City staff to close a food pantry and delivery activity and renew a subrecipient relationship with a local nonprofit organization to implement a rent, mortgage, and utility assistance activity. In line with the federal mandate for CDBG-CV funds, only low-income households that experienced a financial hardship related to the COVID-19 pandemic received aid for past due and/or current month rent, mortgage, and/or utility costs.

The vast majority of CDBG and CDBG-CV activities satisfied their respective service goals. The City maintained compliance with most of the CDBG Program requirements concerning spending and timely performance. Program administration and planning costs remained below the mandated 20 percent threshold at about 13 percent of 2021 CDBG and program income funds; however, total public service expenditures exceeded the 15 percent threshold by less than one percent. When accounting for all CDBG funds, the 2021 allocation, previous year balance, and program income, the City only expended 14 percent of the overall $769,648 in CDBG funds on public service activities. And with respect to the CDBG Program timely performance rule, CEDD staff estimated a balance of 1.40 times its annual grant remaining in the line of credit. This ratio is calculated 60 days prior to the end of a program year on May 2, 2022. The approximate rate of 1.40 is below the mandate of 1.5, and does not account for an end of the year draw for expenses after June 30, 2022. Altogether, in Program Year 2021 the City expended $717,806.05, about 93 percent of all CDBG funds, and $194,257.28 in CDBG-CV funds. The latter of which brought the City’s total CDBG-CV expenditure rate to about 2021 Consolidated Annual Performance Evaluation Report (CAPER) 2 OMB Control No: 2506-0117 (exp. 09/30/2021)
99 percent.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Table 1 - Accomplishments To-date – Strategic Plan & Program Year Subtotals 2021 Consolidated Annual Performance Evaluation Report (CAPER) 3 OMB Control No: 2506-0117 (exp. 09/30/2021)
Of the 10 activities1 undertaken in Program Year 2021, only two (2) projects failed to satisfy their service level goals. First, Habitat for Humanity of Tulare / Kings Counties reported high project costs and minimal contractor bid responses as the primary factors preventing their organization from completing work for 9 or more low-income homeowners. And, the on-the-job training program implemented by the Workforce Investment Board of Tulare County and CSET was suspended after City of Tulare staff determined an overallocation of CDBG 2021 funds to public services categories occurred. As designed, the job-training and employment placement activity is not classifiable as an independent economic development project, and is rather a public service activity for low-income households and people experiencing homelessness subject to the 15 percent expenditure cap set by HUD for the CDBG Program.

1 7 CDBG activities; 1 CDBG-CV activity; and 2 HOME activities. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 4 OMB Control No: 2506-0117 (exp. 09/30/2021)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

Table 2 – Summary of Annual Action Plan Goals / Objectives Goal Name & Priority Goal / Objective Description Activities and Funding Commitment 1 - Improve public Infrastructure & facilities Use CDBG funds to accomplish physical infrastructure (e.g., utility system, sidewalk, lighting) and facilities (e.g., parks, community centers)
improvements in low-moderate income areas
within the City. Projects will prioritize safety,
environmental, and/or regulatory needs.
a) Pratt Street-Mefford Choic Tract utility and
sidewalk improvements; $390,000
2 - Preserve and develop affordable housing Use CDBG funds to preserve the City’s existing stock of affordable housing units through largely minor
and substantial rehabilitation work. Projects will
prioritize housing stock that exhibits deterioration
and is occupied by low- and moderate-income
households. Where feasible, the City will invest
CDBG funds, principally on pre-development costs,
that aid projects involving new construction of
permanent supportive, bridge, and/or emergency
shelter housing.
b) Minor Home Rehabilitation and Repair
Program; $68,750
3 - Support homeless & public services Use CDBG and CDBG-CV funds to establish agreements with local organizations to provide
street outreach, case management, housing
navigation, food and palliative relief items, and
other aid to people experiencing homelessness or
at-risk of becoming homeless and principally lowincome households. c) Local Initiatives Navigation Center Events
with Kings Tulare Homeless Alliance; $10,000
d) Tulare Housing First – Case Management
services with Family Services of Tulare
County; $25,000
e) Street Outreach and case management
services with Kings View; $25,000
2021 Consolidated Annual Performance Evaluation Report (CAPER) 5 OMB Control No: 2506-0117 (exp. 09/30/2021)
As listed in Table 2 above, the City of Tulare implemented a total of 7 activities with CDBG entitlement funds in Program Year 2021 (PY21), all of which satisfied goals identified in both the City’s Annual Action Plan and Consolidated Plan. The City invested more than half of all available CDBG funds in PY21, about 60 percent, on public infrastructure improvements. And funding commitments to address affordable housing and public service / homelessness efforts accounted for about 24 percent of total expenditures. Absent a change to the goals under the City’s Consolidated Plan for 2020-2024, these three areas, as demonstrated in the 2021 Program Year, will continue to receive the largest share of CDBG funds annually.
f) street outreach and distribution of food and
palliative relief items with Salt+Light works;
$46,797
g) Emergency shelter units for people
experiencing homelessness requiring respite
care due to COVID-19 with the Lighthouse
Rescue Mission; $79,611 (in FY20-21)
h) Emergency mortgage, rent, and utility relief
payments with the United Way of Tulare
County; $176,094
4 - Facilitate economic development Use CDBG funds to promote programs that offer job training and readiness, placement services, and lead
to new employment opportunities for low- and
moderate-income households and people
experiencing homelessness.
j) Job training and placement services
program with the Workforce Investment
Board of Tulare County; $5,839
5 - Maintain effective program administration and
planning
Use CDBG and CDBG-CV funds to account for
general administrative duties of City staff in support
of activities, as well as, direct costs incurred related to public noticies, training, office supplies, etc..
k) Program personnel and operating costs
under the Department of Community and
Economic Development; $126,198 and
$19,567
2021 Consolidated Annual Performance Evaluation Report (CAPER) 6 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
Table 3 – Racial / Ethnic Status of Households Assisted CDBG CARES Act CDBG
White 114 18
Black or African American 53 11
Asian American 0 1
Native American or Alaskan 0 0
Native Hawaiian or Other Pacific Islander 0 0
Other – Multiracial 98 39
Unreported 288 2
Total 553 71
Hispanic 117 36
*Table only includes beneficiaries of CDBG and CARES Act CDBG entitlement public service, affordable housing, and economic development activities in Program Year 2021 and reflects both self-reporting and the lack thereof by participants. People reporting a Hispanic background may be of any race and are included in other racial groups, such as white, other, etc..

Narrative
CDBG and all other federal and state resources committed to activities within the City of Tulare involve a directive to connect with and serve low-income and underrepresented racial / ethnic groups. The City’s recent update of their Analysis of Impediments to Fair Housing Choice and Citizen Participation Plan, outlined population demographics and approaches on how to facilitate equitable access to federal and state financed programs. Compared to U.S. Census estimates of the City’s racial and ethnic makeup, the City must work to improve participation in CDBG activities among people with Latino(a), Native American, Native Hawaiian or other Pacific Islander, and Asian American ethnic backgrounds.2 Ongoing assessment of the outreach, intake, and implementation methods of projects / activities, as well as consultation and input from community stakeholders, should facilitate the identification and remedy of barriers to the equitable distribution of services.
2 See Appendix A3 – CR-10 Tables within Summary of CDBG Activity Accomplishments 2021 Consolidated Annual Performance Evaluation Report (CAPER) 7 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Table 4 - Resources Made Available
Source of Funds Source Resources
Made Available
Amount
Expended
During Program
Year
CDBG 2021 Award, 2020 Allocation Balance,
and Program Income
Public -
federal $769,648 $717,807
Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) CDBG Tranche Tranche 3
Public –
federal $195,661 $186,942
Narrative
The City committed a total of $769,648 in CDBG funds, which consisted of a direct allocation in the amount of $701,980 for Program Year 2021, program income received in the amount of $12,065 during the program year, and a balance remaining from the 2020 Program Year in the amount of $55,604. Total expenditures equaled $717,806 on activities between July 1, 2021, and June 30, 2022. This represents an expenditure rate of about 93 percent.

The City of Tulare also amended their 2019 Annual Action Plan to invest their Tranche 3 CARES Act CDBG award to food pantry, rent, mortgage, and utility relief payments, and program administrative work costs. Cities received the funds through the existing CDBG Program framework and all recipients applied the funds to activities and projects that sought to prevent, prepare for, and respond to the coronavirus (COVID-19) pandemic. Although the CDBG-CV funds operate under a different performance timeline than standard CDBG entitlement funds, the City expended a total of $186,942 within the 2021 Program Year. This represents an expenditure rate of about 96 percent.

Additionally, the City continued a partnership with Self-Help Enterprises to administer programs under a 2018 and 2019 HOME Investment Partnerships (HOME) contract with the California Department of Housing and Community Development. These two HOME contracts, combined with available program income, provided the City with upwards of $400,000 to implement a first-time homebuyer assistance (FTHB) and an owner-occupied rehabilitation (OOR) program. Less than 5 percent of the contract is set aside for general administration costs. During the 2021 Program Year, two (2) income eligible households received loans under the FTHB program, for a sum of $173,593 and one income eligible household received a loan in the amount $21,099 to complete rehabilitation work on their property.

Identify the geographic distribution and location of investments A mix of public service activities and public infrastructure projects with a citywide or low- and moderateincome target area received CDBG and other resources. Projects with a city-wide scope addressed homelessness, affordable housing, and economic development needs, while a public infrastructure improvement project benefited particular low- and moderate-income neighborhoods within the City of 2021 Consolidated Annual Performance Evaluation Report (CAPER) 8 OMB Control No: 2506-0117 (exp. 09/30/2021)
Tulare.

Low-Mod Census Tracts (CDBG Eligible Target Areas): City staff identified Low-Mod Income Area Benefit (LMA) in local census tracts where at least 51% of the median household income is 80% or less of the median per the City and Visalia-Porterville Metropolitan Statistical Area. Based on CDBG Program and U.S. Census data at the time of crafting the 2021 Action Plan, a total of 9 tracks with 19 blocks groups were recognized as low-mod areas. The eligible low-mod areas included the following:

1. Census Track No. 0022.02/Block No. 1, 2 and 3 (Low/Mod: 79.46%): bound by east of Enterprise Street, south of W. Cross Avenue, west of N. J Street, and north of W. Inyo Avenue.

2. Census Track No. 0022.04/Block No. 1, 2 and 3 (Low/Mod: 74.55%): bound by east of N. West Street, north of W. Cross Avenue, west of N. J Street, and south of W. Prosperity Avenue.

3. Census Track No. 0023.04/Block No. 1 (Low/Mod: 62.98%): bound by east of N. J Street, south of E. Cross Avenue, west of Cherry Street and north of E. Tulare Avenue.

4. Census Track No. 0024.00/Block No. 3 (Low/Mod: 56.20%): bound by east of Highway 99 to Southwest city limits and south of E. Paige Avenue to Avenue 184 city limits.

5. Census Track No. 0029.01/Block No. 1, 2 and 3 (Low/Mod: 75.91%): bound by east of S. I Street, south of Highway 137, west of Highway 99, and north of E. Paige Avenue.

6. Census Track No. 0029.03/Block No. 2 and 3 (Low/Mod: 66.16%): bound by east of Highway 99, south of Highway 137, west of S. Laspina Street, and north of E. Bardsley Avenue.

7. Census Track No. 0030.01/Block No. 1, 2 and 3 (Low/Mod: 72.99%): bound by east of S. West Street, north of W. Bardsley Avenue, south of W. Inyo Avenue and east of S. I Street.

8. Census Track No. 0030.02/Block No. 2 (Low/Mod: 61.745%): bound by east of Pratt Street, south of W. Bardsley Avenue, west of S. I Street, and north of W. Paige Avenue.

9. Census Track No. 0031.00/Block No. 1 and 2 (Low/Mod: 67.11%): bound by East Road 80, north to W. Paige Avenue, east to Highway 99, south to City limits which include Ave 208 to West Street, Pratt Street south to Wade Street, Wade Street east to I Street, south to Avenue 184. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 9 OMB Control No: 2506-0117 (exp. 09/30/2021)
A map of the City’s CDBG Eligible LMA Target Areas is listed below.

Table 5 - Geographic Distribution of CDBG Funds - Aggregate Target Area Percentage of Funds
Citywide 40
Low/Moderate-Income Areas (LMA) 60
Narrative
Of the total CDBG funds available in Program Year 2021, about 40 percent involved a city-wide scope and 60 percent were concentrated in neighborhoods within a low- and moderate-income designation.

Given the cost of the Pratt Street Mefford Choic Tract improvement project, the larger distribution of CDBG funds to this infrastructure in low- and moderate-income designated areas is understandable. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 10 OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

As with previous program years, the provision of CDBG funds to Family Services of Tulare County, a regional nonprofit organization, supports this organization’s case management for individuals and families receiving housing vouchers under HUD’s Tulare Housing First, Tulare Housing First II, and Tulare Housing First II Bonus grants.

Where feasible, the City routinely pursues state and local funds to implement programs and facilitate projects aimed at the preservation and development of affordable housing. For example, the City received two (2) HOME Program awards / contracts with the California Department of Housing and Community Development. And combined with the program income received from the repayment of loans issued under past state HOME and CalHome Program contracts, the City and their partner organization, Self-Help Enterprises, was able to build an applicant pool and issue loans to facilitate homeownership opportunities and to preserve the existing housing stock for local low-income households.

Additionally, City staff prepared a project plan in December 2021 for California’s Encampment Resolution Funding Grant Program, which included a commitment of CDBG funds in PY 2022-2023. The City of Tulare was awarded a grant in the amount of $1,560,000 to implement a project for a particular group of unsheltered people to receive a mix of hygiene, case management, housing navigation, behavioral health, medical, housing subsidy, and other services.

Although no publicly owned land and/or property was utilized to meet Consolidated and/or Annual Action plan needs during PY 2021, the City will continue to review opportunities to contribute available land and/or property to accomplish existing and/or new goals. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 11 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

Tables 6-7 – Affordable Housing Goals - Number of Households Assisted One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
One-Year Goal Actual
Number of households supported through
Rental, Mortgage, and/or Utility Assistance 20 60
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 9 + 2 = 11 5 + 2 = 7
Number of households supported through
Acquisition of Existing Units 2 2
Total 88 106
*Total includes households assisted through CDBG, CDBG-CV, and HOME activities.

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

Setting service goals (e.g., number of households to assist) for an Annual Action Plan occurs prior to the onset of a Program Year and involves an estimate on performance with consideration of ideal and adverse conditions. The City’s partners met and/or exceeded most service goals in Program Year 2021.

The rent, mortgage, and/or utility assistance was in particularly high demand during the Winter and Spring of 2022. The City and Self-Help Enterprises issued two loans under a HOME first-time homebuyer assistance program and two loans to income-eligible households for substantial rehabilitation work on their home this year. Of note, the programs operating with HOME funds do not follow the same performance timeline as projects with CDBG funds. Given the sizable applicant pool, the City anticipates the ability to expend most 2019 HOME contract funds within a three-year mandate without issue. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 12 OMB Control No: 2506-0117 (exp. 09/30/2021)
Discuss how these outcomes will impact future annual action plans.

Housing rehabilitation projects with CDBG and HOME funds remains underutilized. Although CDBG Program guidelines prevent commitment of CDBG funds to new construction efforts, City staff are in a position to identify existing multi- and single-family properties for rehabilitation. Minor and substantial rehabilitation projects help the City preserve existing units that often prove more affordable to low- and moderate-income households and involve lower project costs to accomplish. Given the City’s underwhelming progress with regard to their Regional Housing Needs Assessment unit goals, City staff must secure partnerships and/or more funding to develop housing units that are affordable low- and moderate-income households. At minimum, the City may use CDBG and/or other funds as capital contributions to projects that facilitate the construction of new permanent supportive and other types of affordable housing for low-income and/or special populations.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Table 8 – Number of Households Served by Income – CDBG, CDBG-CV & HOME Only Number of Households Served CDBG Actual HOME Actual
Extremely Low-income (<=30% AMI) 296 0
Low-income (>30% and <=50% AMI) 24 0
Moderate-income (>50% and <=80%) 20 4
Total 340 4
Narrative Information
All beneficiaries of public services, the minor home rehabilitation program, and the rent, mortgage, and/or utility assistance activity met low- and moderate-income eligibility requirements under the federal CDBG Program guidelines. Of the 340 aggregate beneficiaries, about 94 percent possessed a household income at or below 50 percent of the area median income for the region (e.g., Tulare County). Although the CDBG and HOME Programs have slightly different income thresholds, City staff estimate that over 90 percent of participants possessed a yearly income at or below about $34,850.

With about 19.3%3 of families in the City of Tulare at or below the poverty level, the skew among participants at low- and extremely low-income levels is not unexpected. Tulare’s family poverty level rate of 19.3% is one the five highest rates among all California cities with a population over 65,000 people.
3 Based on American Community Survey 2019 estimates - US Census Bureau – Data set - “Percentage of Families and people whose income in the past 12 months is below the poverty level – California, Counties, and Places of 65,000+ population”. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 13 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The region’s Continuum of Care agency, the Kings Tulare Homeless Alliance (KTHA), with the City of Tulare and other member organizations conducted a 2022 Point in Time (PIT) count on the night of January 23-24, 2022. Volunteers canvassed locations where people experiencing homelessness tend to congregate including encampments, libraries, food distribution sites, etc. The PIT Report provides a snapshot of the people experiencing homelessness in Kigns and Tulare Counties. 2022 was the first year since 2014 that the PIT county wasn’t conducted in collaboration with Project Homeless Connect events.

This change in methodlogy, as well as the weather, number of volunteers, and the volunteers’ ability to locate and engage people experiencing homelessness, may strongly influence the results of the PIT count. Details on the profile and needs of this population are available at https://www.kthomelessalliance.org/pit.

KTHA received 2021 CDBG funds to implement a Local Initiatives and Navigation Center (LINC) event on a semi-monthly basis. KTHA halted congregate gatherings for the majority of the Program Year due to ongoing public health concerns related to the COVID-19 pandemic. As an alternative to the LINC events, KTHA conducted direct outreach and offered services where feasible to unsheltered persons where they resided across the City of Tulare. KTHA’s adjusted scope of services included two-to-three days of direct outreach by ‘housing navigators’, the completion of a needs / housing assessment (e.g., Vulnerability Index and Family Service Prioritization Decision Assistance Tool; VI-SPDAT) for inclusion in the Coordinated Entry System, and the offering of hygiene kits, food, weather relief, and other items. KTHA also partnered with staff from the Tulare County Health and Human Services Agency, together with local medical personnel with Kaweah Health and Adventist Health, to connect participants with federal and state benefits and to offer basic first aid, medical screening, and prescription medications.

In addition to KTHA’s efforts, the City committed CDBG and CDBG-CV funds during the 2021 Program Year to Kings View, Family Services of Tulare County, and Salt+Light Worksfor their respective projects to assist people experiencing homelessness. Collectively, these nonprofit organizations conducted street outreach, case management, housing navigation, and VI-SPDAT assessments, and distributed food and palliative relief items to unsheltered residents, as well as, provided case management for formerly unsheltered residents now housed in rental units. Between three of the four aforementioned organizations, a total of 1,055 unsheltered and housed people received an assortment of services. With this level of street outreach and services, particularly with unsheltered persons, the City expects reliable relationship building with clients, data collection, and coordination with clients and providers alike.

Addressing the emergency shelter and transitional housing needs of homeless persons As noted in the 2019 Annual Action Plan and CAPER, the City contributed funds to the development of Eden House, a 22-unit transitional / bridge housing complex for adults who are homeless or at-risk of homelessness. The City of Tulare was allotted 5 designated units for Tulareans that are preparing for placement in permanent supportive housing. Onsite case management services and referrals to mental health care providers are available to all Eden House clients. Additionally, the City executed a 2021 Consolidated Annual Performance Evaluation Report (CAPER) 14 OMB Control No: 2506-0117 (exp. 09/30/2021)
subrecipient agreement with the Tulare Lighthouse Rescue Mission (TLRM) to purchase and install four (4) two-bedroom manufactured units to function as emergency shelter for people experiencing homelessness. These units became operational in August 2021 and provide up to 16 beds at one-time (i.e., 2 persons per dwelling room) for individual stays of roughly 90 days. TLRM will provide basic services and case management to clients and utilize the units according to low barrier and housing first standards. City staff received direction from City Council to conduct research on different housing and services arrangements, and to identify financing options with consideration of available City funds and other federal and state funds for the purpose of developing emergency, transitional, and permanent supportive housing for people experiencing and those at-risk of homelessness.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of Tulare continues to advocate for outreach, case management, and aid to low-income and special populations at-risk of homelessness. The City of Tulare committed approximately $190,000 in CARES Act CDBG funds to rent, mortgage, and/or utility relief for low-income individuals and families that experienced a financial hardship related to the COVID-19 pandemic. The relief came by way of grant payments directly to property management and other lease holders with the goal to prevent homelessness and maintain safe living conditions for program participants. A total of 60 Tulare households received grant assistance prior to the close of the 2021 Program Year on June 30, 2022.

At the regional level, the Continuum of Care (Coc) agency provides an SSI/SSDI Advocacy, Outreach and Access (SOAR) program to comparable at-risk groups of people. The SOAR program is designed to increase access to Social Security disability benefits for people experiencing or those at of risk homelessness with a mental illness and/or co-occurring substance use disorder. Medicaid compensations typically coincide with the SSI disability benefits, and this combination of benefits within the SOAR program helps clients achieve housing stability. The CoC's prevention strategies focus on effective discharge planning, with an emphasis on requiring foster care programs, in-patient mental health hospitals, hospitals and correctional facilities to provide discharge planning services to clients to ensure that they have access to housing and other needed support services, including respite care, upon discharge. Action steps include convening a working group with stakeholders to examine the discharge planning policies and systems within corrections facilities and each County's human service agencies and identifying initiatives to improve those policies and systems; identifying "cross-cutting" initiatives to improve policies and practices across multiple County agencies. In addition, due to the number of prisons located within the region, the CoC has adopted a plan to develop a Continuum-wide, multisystem community re-entry plan that includes housing.

The City of Tulare began new research and coordination with Kings Tulare Homeless Alliance, Housing Authority of Tulare County, a multi-disciplinary team addressing homelessness with the Tulare County Department of Human and Health Services, and other regional organizations, on the subject rapid rehousing, increasing the acceptance of housing vouchers in the private market, and leveraging available resources on housing rehabilitation and new construction projects in the City. In order to meet the needs of people who experienced domestic violence and human trafficking, as well as, that of people 2021 Consolidated Annual Performance Evaluation Report (CAPER) 15 OMB Control No: 2506-0117 (exp. 09/30/2021)
discharged from health care, mental health, youth, and correctional facilities / programs. City staff will continue to maintain partnerships with qualified organizations, regional taskforces, and establish new relationships where necessary to address service and housing gaps for special populations.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Tulare contributed CDBG funds to Family Services of Tulare County in order to support their case management efforts with Tulare households at-risk of homelessness. Family Services of Tulare County is able to leverage Housing First grants and provide 12 chronically homeless individuals with a voucher for permanent supportive rent payments, coupled with case management, each year.

The City held a request of proposals in order to distribute $1,000,000 in Housing Successor Agency funds to a permanent supportive housing project. Self-Help Enterprises, a qualified affordable housing developer, received the award for a project involving the construction of 136 units. The funding commitment helped Self-Help Enterprises secure California No Place Like Home funds and apply for federal Low-Income Housing Tax Credits. Construction of the first 86 units began in March of 2022, and when complete, this Sante Fe Commons project will provide a mix of one-, two-, and three-bedroom units for low- and very-low income households, with a dedication of units for chronically homeless and other special populations. The City continued their support of existing income-restricted properties, including the Tulare Garden Apartments, Bardsley Garden Apartments, and Salvation Army Tulare Silvercrest Apartments. These projects receive a combination of federal USDA Rural Development and/or Section 202 Supportive Housing for Multi-Family Housing Program assistance for elderly and/or persons with severe disabilities.

And in Program Year 2021, City staff begin planning and coordination efforts with the Housing Authority of Tulare County and the Kings Tulare Homeless Alliance on the subject increasing the acceptance of different rental vouchers among private property management groups and landlords. The Housing Authority of Tulare County provided 431 Housing Choice, 30 Section-8 Project Based, three (3) Veterans Affairs Supportive Housing, and three (3) 811 Mainstream Vouchers during 2021. These vouchers, and the Emergency Housing Vouchers available to the Continuum of Care agency, serve as critical subsidies to achieve housing stability among low-income, formerly and currently unsheltered persons, and other vulnerable groups of people within the City.
2021 Consolidated Annual Performance Evaluation Report (CAPER) 16 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Tulare does not own or manage public housing. The Housing Authority of Tulare County (HATC), a partner agency to the City of Tulare, continued its stewardship of 365 public housing units within the City. The most recent installment of public housing in the City consisted of 65 units at Mission Court Apartments, which begin receiving tenants in March of 2020. This project involved a mix of two, three, and four-bedroom units, restricted for low- and very-low income households. The HATC did not develop or purchase additional public-housing units and/or remove any units from its inventory in Program Year 2021. However, the HATC completed Capital Fund improvements on a portion of the units in the City. Expenditures consisted of maintenance and rehabilitation work including roofing replacement, landscaping upgrades, carpet replacement, and air conditioning and heating system improvements.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HATC is proactive in the inclusion of public-housing residents in the policy making process. An equitable and transparent policy making process that includes the opinions of public housing residents is achieve through the participation of two tenant commissioners on our HATC Board. Furthermore, HATC has installed a Resident Counsel which is made up of five residents from all of HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers and public-housing). The Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members the opportunity to provide input on program modifications.

A vital driving factor in the implementation of HATC programs is the promotion of tenant selfsufficiency. HATC views the goal of homeownership for program participants as one of the long-term goals for all of its clients. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership. HATC Annual Re-Examination Notice provides public-housing participants with an extensive referral list that aids with homeownership. This list includes programs managed by: CSET, Habitat for Humanity and Self-Help Enterprises. HATC’s program coordinator works with any interested public housing tenant in order to effectively inform them of all the different programs that are available to them. Effective collaboration between HATC and other public and nonprofit agencies is imperative to help promote homeownership among all of its tenants.

Actions taken to aid troubled PHAs
The Housing Authority of Tulare County is not considered to be troubled. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 17 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) Local policies and regulations affect both the quantity and type of residential development, while trends within the national and regional economies, along with federal monetary policies, often play a larger role in shaping residential and commercial development within the City of Tulare. Ongoing assessment of the conditions and regulations that affect the local housing market is critical. The City of Tulare continues to prepare for future growth through actions that protect the public's health, safety, and prosperity, without impeding access to new and existing housing to members of the community.

City staff is aware of the need for additional affordable housing, per input from community at housing workshops, findings from housing surveys, and through recent assessments of housing market trends from local and state sources. CDBG funds are the only regular funding source available to the City and staff will review how to leverage the resource to support development and rehabilitation efforts within the City. The urgency of the affordable housing shortfall within the City also necessitates the identification and use of new public, philanthropic, and private funding sources to drive new development and rehabilitation projects and/or programs.

Recent Housing Element Updates (2015-2023) that address barriers to and facilitate progress towards the City’s affordable and inclusive housing goals include, but are not limited to, the following:
• Completion of the rezone of a sufficient amount of land for the City’s low-income Regional Housing Needs Allocation requirement.
• Ongoing promotion of residential infill development on vacant and underutilized land that is properly zoned and planned for residential uses within the City limits. • Ongoing promotion with Homebuilders to develop multifamily designated land at the highest allowable density.
• For new annexations, require that 8 to 12% of the land in all Master Planned Communities be designated for higher density residential.
• Ensure adequate infrastructure and public services for existing and planned residential development.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City's Analysis of Impediments to Fair Housing Choice for 2020-2024 provides an overview of laws, regulations, and other possible obstacles that affect an individuals or households access to housing in the City. CDBG funds are regularly made available provide fair housing resources and/or services to promote safe, secure, and decent housing conditions for all individuals without regard to their race, color, religion, gender, national origin, familial status, disability, age, source of income or other characteristics protected by laws.
2021 Consolidated Annual Performance Evaluation Report (CAPER) 18 OMB Control No: 2506-0117 (exp. 09/30/2021)
Additionally, the Housing Authority of Tulare County (HATC) continues to work on providing affordable, well maintained rental housing to very-low and low-income families in the City of Tulare. For example, HATC recently established a 5-year limit on assistance for non-elderly and non-disabled clients in relationship to their Housing Choice and Project Based Voucher Programs. This sought to shorten the time on waitlists among more vulnerable households.

The City of Tulare, through their partnership with the Kings Tulare Homeless Alliance (KTHA), continues to work to shorten the turnaround time for clients to receive a housing placement once enrolled in Coordinated Entry System (CES). All involved local service providers operating in the City of Tulare and surrounding areas may act as entry points to the CES through the Every Door Open approach.

Prospective clients may also have an assessment completed by contacting United Way of Tulare County 2-1-1 and engaging KTHA Housing Navigators at the LINC events previously discussed.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City continued to provide information to contractors on training and lead-based paint requirements.

In addition, the City collaborated with the Habitat for Humanity of Tulare / Kings Counties to ensure their housing rehabilitation programs maintain compliance with HUD regulations regarding lead-based paint hazards.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The implementation of CDBG activities meeting the goals established in the 2020-2024 Consolidated Plan and 2021 Annual Action Plan help reduce the number of families experiencing poverty by:
• preserving the supply of housing that is affordable to low- and moderate-income households through rehabilitation work at single family units;
• fostering regional planning efforts, direct outreach, case management, and relief distribution on behalf of people experiencing and those at-risk of homelessness; • providing job-training and placement services for low-income and other groups people with barriers to full-employment; and
• improving existing public infrastructure within low- and moderate-income areas.

In addition to these local efforts, State and Federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally in California, the primary programs that assist families in poverty are CalWORKs, Cal Fresh, and Medi-Cal. These particular programs provide individuals and families with employment assistance, food subsidies, medical care, childcare and cash payments to meet basic needs. Additional services are available to assist persons with substance use and mental health challenges.
2021 Consolidated Annual Performance Evaluation Report (CAPER) 19 OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City did not execute and/or establish plans in 2021 to adjust its institutional structure. The City will continue to work closely with the County of Tulare Housing Authority, as well as with counterparts at the local and county level to implement public service, affordable housing, public infrastructure, and other important projects.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City maintains and seeks new relationships with county agencies, nonprofit organizations and other local entities. As the City continues to implement its CDBG program, it will incorporate information and other resources from these entities in order to meet ConPlan needs and goals.

Identify actions taken to overcome the effects of any impediments identified in the jurisdiction’s analysis of impediments to fair housing choice. 91.520(a) In alignment with the City’s current Analysis of Impediments to Fair Housing report, the City continued its observation of objectives and maintained an offering of funds for action items including - • Interim analysis on how to eliminate housing discrimination in the City of Tulare; • Distribution of resources on the subject of fair housing choice to all persons; • Promotion of inclusive patterns with housing occupancy regardless of race, color, religion, sex, familial status, disability, and national origin;
• Promotion of housing that is structurally accessible to, and usable by, all persons, particularly persons with disabilities; and
• Build compliance with the nondiscrimination provisions of the Fair Housing Act.

The City of Tulare adheres to Fair Housing Compliance in a Coordinated Assessment System by conducting the following activities:

Affirmatively marketing housing and supportive services to eligible persons regardless of race, color, national origin, religion, sex, age, familial status, or handicap who are least likely to apply in the absence of special outreach, and maintain records of those marketing activities; where the City encounters a condition or action that impedes fair housing choice for current or prospective program participants, the City will take action consistent with provisions in its Consolidated Plan; and provide program participants with information on rights and remedies available under applicable federal, state, and local fair housing and civil rights laws.
2021 Consolidated Annual Performance Evaluation Report (CAPER) 20 OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
Technical Assistance - Prior to implementation of CDBG activities, subrecipients meet with City staff to review policies and procedures. Subrecipient organizations are informed of CDBG federal regulations, retention, budget, scope of work, reimbursement procedures and reporting requirements. Subrecipient agreements contain detailed federal requirements, monitoring and reporting procedures. And throughout the Program Year, City staff provide ongoing technical assistance to promote compliance and successful performance.

Monitoring - The monitoring process involves desk audits of program reports, invoices, supporting documentation, and on-site monitoring reviews. The City completed risk assessments on each subrecipient. If compliance and/or performance issues were observed, then City staff would conduct an on-site monitoring visit. The monitoring visit will examine the use of funds, eligibility of the service area, eligibility of the intended beneficiaries, compliance with federal requirements, such as, the National Environmental Policy Act, the System for Award Management (SAM), debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3 requirements, and 2 CFR Part 200 requirements according to CPD Notice 16-04. As part of this process, City staff monitors for potential fraud, conflict of interest, and mismanagement of CDBG funds.

Audit Review – Prior to entering into a contract agreement with the City, subrecipients expending more than $750,000 in federal funds in the prior fiscal year are required to submit a copy of a Single Audit to ensure 2 CFR Part 200 requirements are being met. Subrecipients that do not require a Single Audit were required to submit Audited Financial Statements. This serves as additional monitoring means to evaluate the financial accountability of subrecipients.

MBE/WBE – Through a partnership with the Tulare Chamber of Commerce, the City promotes and encourages outreach and development of economic business opportunities of Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) within the City.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City has adopted a Citizen Participation Plan (CPP) with the 2020-2024 Consolidated Plan to ensure that all citizens of Tulare, units of local government, nonprofit and private enterprises, and other interested parties are provided with the opportunity to participate in the planning and reporting process. From September 7 through September 21, the City of Tulare requested public comments on a draft of their 2021 Consolidated Annual Performance and Evaluation Report (CAPER). The 2021 CAPER described outcomes of key projects and activities implemented with Community Development Block Grant (CDBG) and other federal funds between July 1, 2021, and June 30, 2022. A public meeting and a 2021 Consolidated Annual Performance Evaluation Report (CAPER) 21 OMB Control No: 2506-0117 (exp. 09/30/2021)
formal public hearing on the 2021 CAPER occurred on Wednesday, September 14, and on Tuesday, September 20, respectively. Announcements of a review and comment were published via notices in widely circulated newspapers, listserv and e-blasts reaching several hundred local entities, and through the social media and website platforms of multiple Departments with the City of Tulare. The public meeting and formal public hearing were also available for participation via Zoom and YouTube respectively. Instructions were provided to facilitate participation, with particular attention to people with special needs.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City of Tulare did not execute an amendment to their 2021 Annual Acton Plan during the course of the program year.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 2021 Consolidated Annual Performance Evaluation Report (CAPER) 22 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix A – Financial and Activity Outcomes
2021 Consolidated Annual Performance Evaluation Report (CAPER) 23 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix A1 – Copy of CAPER Cover Page
2021 Consolidated Annual Performance Evaluation Report (CAPER) 24 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix A2 – PY2020 CDBG Allocation and Expenditure Outcomes 2021 Consolidated Annual Performance Evaluation Report (CAPER) 25 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix A3 – Summary of CDBG Activity Accomplishments
2021 Consolidated Annual Performance Evaluation Report (CAPER) 26 OMB Control No: 2506-0117 (exp. 09/30/2021)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 27 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix A4 – PY2021 Actual Activity Expenditures
2021 Consolidated Annual Performance Evaluation Report (CAPER) 28 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix B – Citizen Participation
2021 Consolidated Annual Performance Evaluation Report (CAPER) 29 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix B1 – Public Notice (English) and Proof of Publication 2021 Consolidated Annual Performance Evaluation Report (CAPER) 30 OMB Control No: 2506-0117 (exp. 09/30/2021)
INSERT Public Affidavit – available within 7 business days from date of publication (September 7th) 2021 Consolidated Annual Performance Evaluation Report (CAPER) 31 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix B2 – Public Notice (Spanish) and Proof of Publication 2021 Consolidated Annual Performance Evaluation Report (CAPER) 32 OMB Control No: 2506-0117 (exp. 09/30/2021)
INSERT Public Affidavit – available within 7 business days from date of publication (September 7th) 2021 Consolidated Annual Performance Evaluation Report (CAPER) 33 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix B3 – Display of Public Notice – City Website
INSERT Image – available within 3 business days from date of publication (September 7th) Accessed at: https://www.tulare.ca.gov/government/departments/communityeconomic-development/housing-cdbg-services/public-notices 2021 Consolidated Annual Performance Evaluation Report (CAPER) 34 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix B4 – Display of Notice for Public Meeting – City Website INSERT Image – available within 3 business days from date of publication (September 7th) Accessed at: https://www.tulare.ca.gov/government/departments/communityeconomic-development/housing-cdbg-services/community-development-blockgrant 2021 Consolidated Annual Performance Evaluation Report (CAPER) 35 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix B5 – City Council Meeting, Public Hearing, and Resolution INSERT City Council meeting records – available within 3 business days from date of public hearing (September 20th)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 36 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix C – Continuum of Care – Point-In-Time Report 2022 2021 Consolidated Annual Performance Evaluation Report (CAPER) 37 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix C1 – Point In Time Executive Summary Tulare County 2021 Consolidated Annual Performance Evaluation Report (CAPER) 38 OMB Control No: 2506-0117 (exp. 09/30/2021)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 39 OMB Control No: 2506-0117 (exp. 09/30/2021)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 40 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix C2 – Point In Time Executive Summary City of Tulare 2021 Consolidated Annual Performance Evaluation Report (CAPER) 41 OMB Control No: 2506-0117 (exp. 09/30/2021)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 42 OMB Control No: 2506-0117 (exp. 09/30/2021)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 43 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix C3 – Point In Time Survey Results Tulare County 2021 Consolidated Annual Performance Evaluation Report (CAPER) 44 OMB Control No: 2506-0117 (exp. 09/30/2021)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 45 OMB Control No: 2506-0117 (exp. 09/30/2021)
2021 Consolidated Annual Performance Evaluation Report (CAPER) 46 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix C4 – Point In Time Survey Results City of Tulare 2021 Consolidated Annual Performance Evaluation Report (CAPER) 47 OMB Control No: 2506-0117 (exp. 09/30/2021)
Appendix D – HUD Integrated Disbursement and Information System (IDIS) Reports
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
15:02
09-12-22
CDBG Summary of Accomplishments
Program Year: 2021
TULARE
Activity Group Activity Category f Metrics
Open Count
Open Activities
Disbursed
Completed
Count
Completed
Activities
Disbursed
Program Year
Count
Total Activities
Disbursed
Economic Development
Housing
Public Facilities and Improvements
Public Services
General Administration and
Planning
Grand Total
Micro-Enterprise Assistance (18C)
Total Economic Development
Rehab; Single-Unit Residential (14A)
Rehab; Multi-Unit Residential (14B)
Total Housing
Homeless Facilities (not operating
costs) (03C)
Street Improvements (03K)
Sidewalks (03L)
Total Public Facilities and
Improvements
Operating Costs of Homeless/AIDS
Patients Programs (03T)
Employment Training (05H)
Health Services (05M)
Subsistence Payment (05Q)
Neighborhood Cleanups (05V)
Food Banks (05W)
Other Public Services Not Listed in
05A-05Y, 03T (05Z)
Total Public Services
General Program Administration (21A)
Total General Administration and
Planning
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 $0.00 2 $0.00 2 $0.00
0 $0.00 2 $0.00 2 $0.00
1 $46,014.97 1 $17,120.00 2 $63,134.97
0 $0.00 1 $97,455.29 1 $97,455.29
1 $46,014.97 2 $114,575.29 3 $160,590.26
1 $0.00 0 $0.00 1 $0.00
1 $180,227.00 1 $0.00 2 $180,227.00
0 $0.00 1 $0.00 1 $0.00
2 $180,227.00 2 $0.00 4 $180,227.00
4 $174,743.06 2 $12,463.45 6 $187,206.51
1 $5,839.13 1 $10,067.85 2 $15,906.98
0 $0.00 1 $0.00 1 $0.00
2 $279,288.95 1 $13,247.85 3 $292,536.80
0 $0.00 1 $15,880.40 1 $15,880.40
1 $4,191.80 1 $0.00 2 $4,191.80
1 $3,103.41 1 $7,020.72 2 $10,124.13
9 $467,166.35 8 $58,680.27 17 $525,846.62
2 $77,024.40 1 $48,603.45 3 $125,627.85
2 $77,024.40 1 $48,603.45 3 $125,627.85
14 $770,432.72 15 $221,859.01 29 $992,291.73
Count of CDBG Activities with Disbursements by Activity Group & Matrix Code 48 U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
15:02
09-12-22
CDBG Summary of Accomplishments
Program Year: 2021
TULARE
Activity Group Matrix Code Accomplishment Type Metrics Open Count Completed Count Program Year
Totals
Economic Development
Housing
Public Facilities and
Improvements
Public Services
Grand Total
Micro-Enterprise Assistance (18C)
Total Economic Development
Rehab; Single-Unit Residential (14A)
Rehab; Multi-Unit Residential (14B)
Total Housing
Homeless Facilities (not operating costs) (03C)
Street Improvements (03K)
Sidewalks (03L)
Total Public Facilities and Improvements
Operating Costs of Homeless/AIDS Patients
Programs (03T)
Employment Training (05H)
Health Services (05M)
Subsistence Payment (05Q)
Neighborhood Cleanups (05V)
Food Banks (05W)
Other Public Services Not Listed in 05A-05Y, 03T
(05Z)
Total Public Services
Business
Housing Units
Housing Units
Public Facilities
Persons
Public Facilities
Persons
Persons
Persons
Persons
Persons
Persons
Persons
0 36 36
0 36 36
4 12 16
0 49 49
4 61 65
0 0 0
3,365 5,965 9,330
0 1,895 1,895
3,365 7,860 11,225
376 44 420
2 28 30
0 21,204 21,204
123 27 150
0 25,445 25,445
8 809 817
63 56 119
572 47,613 48,185
3,941 55,570 59,511
CDBG Sum of Actual Accomplishments by Activity Group and Accomplishment Type 49 U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
15:02
09-12-22
CDBG Summary of Accomplishments
Program Year: 2021
TULARE
CDBG Beneficiaries by Racial / Ethnic Category
Housing-Non Housing Race
Source Type
(for Funding
Fact Source)
Metrics
Total Persons
Total Hispanic
Persons Total Households
Total Hispanic
Households
Housing
Non Housing
Grand Total
White
Black/African American
Other multi-racial
Total Housing
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaskan Native & White
Black/African American & White
Other multi-racial
Total Non Housing
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaskan Native & White
Black/African American & White
Other multi-racial
Total Grand Total
MC
MC
MC
MC
MW
MC
MW
MW
MW
MW
MW
MC
MC
MW
MC
MW
MC
MW
MW
MW
MW
MW
MC
MC
MW
0 0 32 7
0 0 6 0
0 0 27 27
0 0 65 34
194 45 0 0
2,951 1 0 0
76 0 0 0
833 0 0 0
417 0 0 0
67 0 0 0
35 0 0 0
9 0 0 0
1 0 0 0
150 146 0 0
18,043 17,133 0 0
22,776 17,325 0 0
194 45 32 7
2,951 1 0 0
76 0 6 0
833 0 0 0
417 0 0 0
67 0 0 0
35 0 0 0
9 0 0 0
1 0 0 0
150 146 27 27
18,043 17,133 0 0
22,776 17,325 65 34
50 U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 4
15:02
09-12-22
CDBG Summary of Accomplishments
Program Year: 2021
TULARE
Income Levels ST MetricsOwner Occupied Renter Occupied Persons Housing
Non Housing
Extremely Low (<=30%)
Low (>30% and <=50%)
Mod (>50% and <=80%)
Total Low-Mod
Non Low-Mod (>80%)
Total Beneficiaries
Extremely Low (<=30%)
Low (>30% and <=50%)
Mod (>50% and <=80%)
Total Low-Mod
Non Low-Mod (>80%)
Total Beneficiaries
MC
MC
MC
MC
MC
MC
MC
MW
MC
MW
MC
MW
MC
MW
MC
MW
MC
MW
1 0 0
2 0 0
1 0 0
4 0 0
0 0 0
4 0 0
0 0 266
0 0 34
0 0 0
0 0 23
0 0 0
0 0 17
0 0 266
0 0 74
0 0 0
0 0 0
0 0 266
0 0 74
CDBG Beneficiaries by Income Category
51 PR26 - Activity Summary by Selected Grant
Date Generated: 09/07/2022
Grantee: TULARE
Grant Year: 2021
Formula and Competitive Grants only
State Grantee Grant Grant Activity Matrix National IDIS Activity Amount Funded Amount Drawn Total Grant Amount for CDBG 2021 Grant year = $701,980.00 % of CDBG Drawn Total CDBG Funded
Name Year Number Group Code Objective Activity Status From Selected Grant From Selected Grant From Selected Amount Grant/Grant
Amount
(All Years All Sources)
Activity to prevent,
prepare for, and
respond to Coronavirus
Total CDBG Drawn
Amount
(All Years All Sources)
CA TULARE 2021 B21MC060034 Administrative And Planning 21A 369 No Open $107,224.45 $76,289.18 $126,197.60 $95,262.33 Total Administrative And Planning $107,224.45 $76,289.18 10.87% $126,197.60 $95,262.33 CA TULARE 2021 B21MC060034 Housing 14A LMH 371 No Open $55,000.00 $49,373.93 $68,750.00 $63,123.93 Total Housing $55,000.00 $49,373.93 7.03% $68,750.00 $63,123.93 CA TULARE 2021 B21MC060034 Public Improvements 03K LMA 367 No Open $415,054.72 $415,054.72 $450,000.00 $450,000.00 Total Public Improvements $415,054.72 $415,054.72 59.13% $450,000.00 $450,000.00 CA TULARE 2021 B21MC060034 Public Services 03T LMC 373 No Open $25,000.00 $24,993.64 $25,000.00 $24,993.64 CA TULARE 2021 B21MC060034 Public Services 03T LMC 374 No Open $25,000.00 $25,000.00 $25,000.00 $25,000.00 CA TULARE 2021 B21MC060034 Public Services 03T LMC 375 No Open $46,797.00 $46,797.00 $46,797.00 $46,797.00 CA TULARE 2021 B21MC060034 Public Services 05H LMC 372 No Open $5,839.13 $5,839.13 $5,839.13 $5,839.13 CA TULARE 2021 B21MC060034 Public Services 05Z LMC 370 No Open $10,000.00 $6,790.02 $10,000.00 $6,790.02 Non CARES Related Public Services $112,636.13 $109,419.79 15.59% $112,636.13 $109,419.79 Total 2021 - CDBG $689,915.30 $650,137.62 92.61% $757,583.73 $717,806.05 Total 2021 $689,915.30 $650,137.62 92.61% $757,583.73 $717,806.05 Grand Total $689,915.30 $650,137.62 92.61% $757,583.73 $717,806.05 52 U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
Drawdown Report by Project and Activity
DATE: 09-12-22
TIME: 15:09
PAGE: 1
IDIS - PR05

TULARE , CA

PROGRAM

PROJECT

ACTIVITY
:
:
:

REPORT FOR ALL
ALL
ALL
PGM YR : ALL

CDBG, CDBG-CV
2021
Program Year/ Project
Activity Name
IDIS
Act ID
Prior
Year
Voucher
Number
Line
Item
Voucher
Status
LOCCS
Send Date Grant Number
Fund
Type
Drawn
Amount
Grant
Year
2021 1 Public Infrastructure and Facilities Improvements 367 Pratt St-Mefford Choice Tract Improvements - EN0092
6627007 3 Completed 4/28/2022 2020 B20MC060034 EN $22,103.00 6627007 4 Completed 4/28/2022 2021 B21MC060034 EN $158,124.00 6671334 7 Completed 8/25/2022 2020 B20MC060034 EN $777.58 6671334 8 Completed 8/25/2022 2021 B21MC060034 EN $256,930.72 6671334 9 Completed 8/25/2022 2020 B20MC060034 PI $1,370.14 6671334 10 Completed 8/25/2022 2021 B21MC060034 PI $10,694.56 Activity Total $450,000.00
Project Total $450,000.00
2021 2 Homeless / Public Services 370 LINC Events - Homeless Services - CDBG 2021 6627007 2 Completed 4/28/2022 2021 B21MC060034 EN $3,103.41 6671334 4 Completed 8/25/2022 2021 B21MC060034 EN $3,686.61 Activity Total $6,790.02
2021 2 Homeless / Public Services 373 Case Management - Tulare Housing First - CDBG 2021
6594816 3 Completed 2/9/2022 2021 B21MC060034 EN $13,448.39 6616308 3 Completed 4/5/2022 2021 B21MC060034 EN $3,698.21 6671334 3 Completed 8/25/2022 2021 B21MC060034 EN $7,847.04 Activity Total $24,993.64
2021 2 Homeless / Public Services 374 Street Outreach & Case Management - Kings View PATH Program - CDBG 2021
6594816 4 Completed 2/9/2022 2021 B21MC060034 EN $22,579.76 6616308 4 Completed 4/5/2022 2021 B21MC060034 EN $2,420.24 Activity Total $25,000.00
53 U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
Drawdown Report by Project and Activity
DATE: 09-12-22
TIME: 15:09
PAGE: 3
IDIS - PR05

TULARE , CA
Program Year/ Project
Activity Name
IDIS
Act ID
Prior
Year
Voucher
Number
Line
Item
Voucher
Status
LOCCS
Send Date Grant Number
Fund
Type
Drawn
Amount
Grant
Year
2021 2 Homeless / Public Services 375 Food & Palliative Relief Items - Salt+Light Homeless Services - CDBG 2021
6594816 5 Completed 2/9/2022 2021 B21MC060034 EN $37,642.31 6616308 5 Completed 4/5/2022 2021 B21MC060034 EN $5,052.95 6671334 5 Completed 8/25/2022 2021 B21MC060034 EN $4,101.74 Activity Total $46,797.00
Project Total $103,580.66
2021 3 Affordable Housing 371 Minor Home Rehabilitation - CDBG 2021 6594816 6 Completed 2/9/2022 2020 B20MC060034 EN $13,749.74 6594816 7 Completed 2/9/2022 2021 B21MC060034 EN $6,644.78 6616308 6 Completed 4/5/2022 2020 B20MC060034 EN $0.26
6616308 7 Completed 4/5/2022 2021 B21MC060034 EN $25,620.19 6671334 6 Completed 8/25/2022 2021 B21MC060034 EN $17,108.96 Activity Total $63,123.93
Project Total $63,123.93
2021 4 Economic Development 372 Job Training and Placement Services - CDBG 2021 6594816 8 Completed 2/9/2022 2021 B21MC060034 EN $5,839.13 Activity Total $5,839.13
Project Total $5,839.13
2021 5 Program Administration 369 Program Administration - CDBG 2021 6594816 1 Completed 2/9/2022 2020 B20MC060034 EN $9,728.42 6594816 2 Completed 2/9/2022 2021 B21MC060034 EN $43,713.74 6616308 1 Completed 4/5/2022 2020 B20MC060034 EN $2,949.69 6616308 2 Completed 4/5/2022 2021 B21MC060034 EN $7,721.06 6627007 1 Completed 4/28/2022 2020 B20MC060034 EN $49.11 6671334 1 Completed 8/25/2022 2020 B20MC060034 EN $6,245.93 6671334 2 Completed 8/25/2022 2021 B21MC060034 EN $24,854.38 Activity Total $95,262.33
54 U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
Drawdown Report by Project and Activity
DATE: 09-12-22
TIME: 15:09
PAGE: 5
IDIS - PR05

TULARE , CA
Program Year/ Project
Activity Name
IDIS
Act ID
Prior
Year
Voucher
Number
Line
Item
Voucher
Status
LOCCS
Send Date Grant Number
Fund
Type
Drawn
Amount
Grant
Year
Project Total $95,262.33
Program Year 2021 Total $717,806.05
2021 CDBG, CDBG-CV Grand Total $717,806.05
55 Page: 1 of 2
IDIS - PR09 U.S. Department of Housing and Urban Development Date: 09-12-22 Time: 15:12
Page: 1
Report for Program:CDBG
*Data Only Provided for Time Period Queried:07-01-2021 to 08-31-2022 Office of Community Planning and Development
Integrated Disbursement and Information System
Program Income Details by Fiscal Year and Program

TULARE,CA
Year Program
Associated Fund Estimated
Grant Number Type Income for Year Transaction Voucher # Created Voucher
Type
Voucher
Actv. ID
IDIS
Code
Matrix
Amount
Program IDIS Receipted/Drawn
Proj. ID
2020 CDBG B20MC060034 PI 0.00

RECEIPTS
5351259-001 07-08-21 5 76 14A 3,094.03
DRAWS
6535225-009 08-26-21 PY 5 354 05H 2,250.00
6671334-009 08-18-22 PY 1 367 03K 1,370.14
3,620.14
PI Receipts 3,094.03
PI Draws
PI Balance (526.11)
Total CDBG Receipts*: 3,094.03
Total CDBG Draws against Receipts*: 3,620.14
Total CDBG Receipt Fund Balance*: (526.11)
2020 CDBG
2021 CDBG B21MC060034 PI 0.00

RECEIPTS
5360872-001 11-03-21 5 76 14A 2,711.57
5366046-001 01-13-22 5 76 14A 2,304.97
5374655-001 05-06-22 5 76 14A 5,678.02
DRAWS
6671334-010 08-18-22 PY 1 367 03K 10,694.56
56 Page: 2 of 2
Year Program
Associated Fund Estimated
Grant Number Type Income for Year Transaction Voucher # Created Voucher
Type
Voucher
Actv. ID
IDIS
Code
Matrix
Amount
Program IDIS Receipted/Drawn
Proj. ID
10,694.56
PI Receipts 10,694.56
PI Draws
PI Balance 0.00
Total CDBG Receipts*: 10,694.56
Total CDBG Draws against Receipts*: 10,694.56
Total CDBG Receipt Fund Balance*: 0.00
2021 CDBG
57 CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Finance
For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Receive a Fiscal Year 2021/2022 Council Travel Fund balance and Community Improvement Fund balance update; and adopt a resolution approving the appropriation of the Community Improvement Fund balances from Fiscal Year 2021/2022 to the Community Improvement Funds for Fiscal Year 2022/2023.

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

At the June 21, 2022 Council meeting, Council requested an update on the Council’s Travel Fund balances for Fiscal Year 2021/2022. Council also requested the balance of the Community Improvement Funds from Fiscal Year 2021/2022 be applied to the funds for Fiscal Year 2022/2023. Since nothing was expended from these funds in the previous fiscal year, this would bring each Community Improvement Fund to $5,000.

For informational purposes, the table below provides the ending balances for the Council Travel Funds for Fiscal Year 2021/2022.

Council Travel Fund Balances for FY 2021/2022
001-4010-2116 District 1 – Council Member Sigala $2,125 001-4010-2216 District 2 – Vice Mayor Sayre $1,563
001-4010-2316 District 3 – Council Member Harrell $2,366 001-4010-2416 District 4 – Mayor Mederos $1,414
001-4010-2516 District 5 – Council Member Isherwood $2,381 As reported to Council at the June 21, 2022 meeting, the balance of each Community Improvement Fund was $2,500 for Fiscal Year 2021/2022. Council requested that the balance from each of the Community Improvement Funds be applied to the Fiscal Year 2022/2023 funds bringing the total balance for Fiscal Year 2022/2023 to $5,000 in each fund. The attached resolution will authorize this appropriation once approved by Council.

STAFF RECOMMENDATION:

Receive a Fiscal Year 2021/2022 Council Travel Fund balance and Community Improvement Fund balance update; and adopt a resolution approving the appropriation of the Community Improvement Fund balances from Fiscal Year 2021/2022 to the Community Improvement Funds for Fiscal Year 2022/2023.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
AGENDA ITEM: General Business 1
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: August 24, 2022 City Manager Approval: ____________ RESOLUTION 2022-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
APPROVING APPROPRIATIONS NOT INCLUDED IN THE ADOPTED 2022/2023

FISCAL YEAR BUDGET
WHEREAS, on June 21, 2022, the City Council adopted the 2022/2023 Fiscal Year Budget following a public hearing; and
WHEREAS, on June 21, 2022, the City Council advised of their desire to add the year-end balance of their Community Improvement Funds to their 2022/2023 Fiscal Year Community Improvement Funds; and
WHEREAS, in accordance with Administrative Policy CM-10 Budget Policies and Practices, the City Council may amend or supplement the budget any time after its adoption.

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

Section 1. The City Council approves the following appropriations:

Account # Description Amount
001-4010-2117 Community Improvement – District 1 $2,500 001-4010-2217 Community Improvement – District 2 $2,500 001-4010-2317 Community Improvement – District 3 $2,500 001-4010-2417 Community Improvement – District 4 $2,500 001-4010-2517 Community Improvement – District 5 $2,500 PASSED, APPROVED, AND ADOPTED this 20th day of September, 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
RESOLUTION 2022- Page 2

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, hereby certify the foregoing is the full, true, and correct copy of Resolution 2022-XX duly adopted by the City Council of the City of Tulare at a regular meeting held on September 20, 2022, by the following vote:

AYES: Councilmember(s)
NOES: Councilmember(s)
ABSENT: Councilmember(s)
ABSTENTIONS: Councilmember(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: September 20, 2022
Documents Attached: ☒Ordinance ☐Resolution ☐Other ☐None

AGENDA ITEM:

Approve the suggested amendment to Section 2.04.030 (Appointments and Qualifications) of the Tulare Municipal Code in regard to the appointment process and qualifications for members of the Parks and Recreation Commission.

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

Council reviewed the appointment process and qualifications for all Council-appointed boards, commissions, and committees. The Parks and Recreation Commission consists of seven commissioners. Pursuant to Section 2.04.030 of the Tulare Municipal Code, the Mayor and each Councilmember shall have the right to nominate Commissioners from the citizens at large and such nominations shall be honored by ratification and confirmation by majority vote of the membership of the Council. Past practice has been that any member of the Council would make a nomination for any vacancies that occurred which doesn’t ensure each Councilmember has a nominee serving on the Commission.

In order to ensure that each Councilmember has the opportunity to have their choice serving on the Commission, staff is suggesting the language in the Municipal Code be clarified and mirror that of the Police Department Citizen Complaint Review Board (see below). “Each member of the City Council shall select and appoint one member to the Board, subject to approval of the appointment by the remainder of the Council. The remaining two members shall be selected at large by the City Council as a whole.” Council also agreed that members of the Parks and Recreation Commission can be selected from those that reside in the city limits as well as the sphere of influence. The attached ordinance will amend the Municipal Code language to clarify the appointment process and include the sphere of influence.

STAFF RECOMMENDATION:

Pass to print the attached ordinance approving amendment to Section 2.04.030 (Appointments and Qualifications) of the Tulare Municipal Code in regard to the appointment process and qualifications for members of the Parks and Recreation Commission.

CITY ATTORNEY REVIEW/COMMENTS: ☒Yes ☐N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A AGENDA ITEM: General Business 2
FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Melissa Hermann Title: Chief Deputy City Clerk Date: September 6, 2022 City Manager Approval: ____________ ORDINANCE 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING TITLE 2, CHAPTER 2.04 (PARKS AND RECREATION
COMMISSION), SECTION 2.04.030 (APPOINTMENTS AND QUALIFICATIONS) OF

THE TULARE MUNICIPAL CODE
WHEREAS, Section 2.04.030 needs to be amended to be consistent with the City of Tulare Boards, Commissions, and Committees Handbook (“Handbook”); and WHEREAS, on August 16, 2022, Council adopted the revised Handbook, which included updating the residency requirements for certain Boards, Commissions, and Committees.

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

SECTION 1. Title 2, Chapter 2.04, Section 2.04.030 of the Tulare Municipal Code is hereby amended as follows:

Section 2.04.030 Appointments and Qualifications.

Each member of the City Council shall select and appoint one member to the Commission, subject to approval of the appointment by the remainder of the Council.

The remaining two members shall be selected at large by the City Council as a whole.

Each appointee shall:
(A) Maintain their principal place of residence within the city limits or sphere of influence of the City of Tulare at the time of their appointment and throughout the term of service; and,
(B) Notwithstanding any other law, a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state. Officials of the city shall not be eligible to appointment as Commissioners, except as may be provided in this chapter for ex-officio officers.

SECTION 2. All ordinances and parts 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, ADOPTED, AND APPROVED this XX day of XXXX, 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: City Manager
For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None

AGENDA ITEM:

Select Councilmember seats by lot for members on the Parks and Recreation Commission and the Committee on Aging for appointment purposes.

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

Pursuant to Municipal Code Section 2.04.030, the Mayor and each Councilmember shall have the right to nominate Commissioners for the Parks and Recreation Commission. In order to ensure each member of the Council is able to make a nomination to the Commission, each Councilmember seat should be assigned to a Commission seat. This has not been past practice and Commissioners have been nominated by any member of the Council and confirmed by majority vote. To correct this, each Councilmember will draw a name of the current members of the Commission to determine which Council seat will make appointments as vacancies occur and terms expire. The remaining two Commission seats that are not drawn will be at large.

Member Name Term Expiration
Lori Fishbough 12/31/2023
Mike Jamaica 12/31/2025
Craig Hancock 12/31/2025
Nicholas Sherwood 12/31/2023
W. Eric Farrenkopf 12/31/2023
Manuel Caceres 12/31/2025
Armando Da Silva 12/31/2023
At the August 2, 2022, Council meeting, Council voted to change the appointment process for the Committee on Aging. Previously, the mayor made the appointment which was confirmed by the Council. The Council chose to appoint by seat. Each Councilmember will draw a name of the current members of the Committee on Aging to determine which Council seat will make appointments as vacancies occur and terms expire.

Member Name Term Expiration
Pam Malloy 12/31/2023
Jackie Zupp 12/31/2025
Vacant 12/31/2023
Albert Lemus 12/31/2025
Jevon Price 12/31/2025
AGENDA ITEM: General Business 3
STAFF RECOMMENDATION:

Select Councilmember seats by lot for members on the Parks and Recreation Commission and the Committee on Aging for appointment purposes.

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: Melissa Hermann Title: Chief Deputy City Clerk Date: August 23, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Engineering Services / Engineering For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution designating a “no commercial parking” zone on a segment of Prosperity Avenue across the frontage of 1902 W. Prosperity Avenue; and authorize the installation of corresponding signage.

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

The City has received citizen complaints regarding the parking of large, commercial trucks along the north side of Prosperity Avenue along the frontage of 1902 W. Prosperity Avenue (Tulare Missionary Baptist Church). The parked commercial vehicles create a visibility obstruction for drivers trying to pull onto Prosperity Avenue from Killette Street, a private street which provides access to Tulare Missionary Baptist Church and several residences located north of Prosperity Avenue.

On October 6, 2020, the City passed Resolution 2020-47 prohibiting the parking of commercial vehicles along the south side of Prosperity Avenue from a point 130 feet west of Mathias Street to 290 feet east of Lakewood Street. This is directly across the street from the subject property. It is likely that commercial vehicles that had been parking along the south side of Prosperity Avenue simply migrated to the frontage of Tulare Missionary Baptist Church when the restrictions of Resolution 2020-47 were enacted.

The parking of commercial vehicles along public street frontages has been an ongoing issue for the City. Frequently, past efforts by the City to address problem areas have simply relocated the commercial vehicles to nearby areas rather than providing a long-term solution.

To effectively manage the issue in a proactive manner, a global strategy is needed that:
• recognizes the underlying reasons for commercial vehicle parking along City street frontages,
• identifies criteria to be used in determining when parking restrictions should be enacted • identifies roadway segments throughout the City where the parking of commercial vehicles should be permitted
• identifies alternatives to on-street parking, such as private and publicly-owned truck parking facilities,
• incorporates the findings and recommendations of the City Downtown Master Plan currently under preparation,
• develops effective strategies to manage commercial vehicle parking needs on a citywide basis.

AGENDA ITEM: General Business 4
STAFF RECOMMENDATION:

It is recommended that Council take the following actions:

1. Adopt a resolution designating a “no commercial parking” zone on a segment of Prosperity Avenue across the frontage of 1902 W. Prosperity Avenue.

2. Authorize the installation of corresponding signage.

3. Direct the City Manager to schedule a Council workshop to discuss commercial vehicle parking on a citywide basis.

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

Funding is budgeted to cover the estimated $300 expense needed for the signage and red curb markings at 1902 W. Prosperity Avenue through the Street Department’s Maintenance Materials account.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

RESTRICTING THE PARKING OF COMMERCIAL VEHICLES ALONG THE NORTH SIDE OF PROSPERITY AVENUE ACROSS THE FRONTAGE OF 1902 W.

PROSPERITY AVENUE
WHEREAS, citizens have expressed concerns regarding a nuisance that exists due to commercial vehicles parking along the north side of Prosperity Avenue across the frontage of property at 1902 W. Prosperity Avenue; and WHEREAS, the City of Tulare Police Department and Engineering Division have determined that it would be necessary to restrict the parking of commercial vehicle traffic along the frontage of 1902 W. Prosperity Avenue to prevent visibility obstructions that could negatively impact traffic safety at the intersection of Prosperity Avenue and Killette Street.

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

Section 1. That the parking of commercial vehicles, as they are defined in Chapter 9.48.120 of the City of Tulare Municipal Code, shall be prohibited along the public street frontages listed below, and the Public Works Director of the City of Tulare, or his designee, is hereby authorized to install the necessary signs to enact this Resolution.

Street From To Restriction
Prosperity
Avenue
W/end of property
at 1902 W.

Prosperity Avenue
E/end of property
at 1902 W.

Prosperity Avenue
No Parking of
Commercial
Vehicles
PASSED, APPROVED, AND ADOPTED this 20th day of September, 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
RESOLUTION 2022- Page 2

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, hereby certify the foregoing is the full, true, and correct copy of Resolution 2022-XX duly adopted by the City Council of the City of Tulare at a regular meeting held on September 20, 2022, by the following vote:

AYES: Councilmember(s)
NOES: Councilmember(s)
ABSENT: Councilmember(s)
ABSTENTIONS: Councilmember(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Office of Safety, Compliance & Facilities and Engineering For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None

AGENDA ITEM:

Authorize the City Manager to complete and execute documents necessary to purchase property located at the northeast corner of Walnut Ave and O Street in Tulare (APN 181-070- 062) in the amount of $360,000.00 for the use as a temporary homeless encampment area, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager; and receive a presentation and provide direction to staff regarding the proposed temporary homeless encampment area to be located on said property.

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

Over the course of the past year, the City has undertaken several steps to address the issue of homeless encampments located on both City-owned property and property owned by the Union Pacific Railroad (UPRR). In late 2021, the City applied for, and subsequently received, grant funding in the amount of $1,556,604 through the Encampment Resolution Funding (ERF) Program administered by the California Interagency Council on Homelessness. The funding is for a two-year period, and is intended to assist Grantees with projects meeting two primary objectives:

1. Achieve safe and sustainable exits from homelessness for unsheltered residents of a particular encampment area through coordinated services and improved housing options.

2. Facilitate an evaluation of activities and outcomes for the purpose of sharing scalable and replicable encampment resolution models that may be implemented across the state.

One of the requirements of the ERF Program grant application was the identification of a designated encampment area whose residents would be the targeted recipients of services funded by the grant. The encampment area designated in the City’s ERF Program application included property owned by both the City and UPRR along the UPRR corridor bounded by Inyo Avenue (State Route 137) and Centennial Park. Through the services provided through the ERF Program, individuals residing in the designated encampment area would ultimately be relocated to permanent supportive housing, and the encampments within the designated encampment area would cease to exist.

Due to the recurrence of tragic train-related fatalities among the homeless population encamped along the UPRR corridor, City staff has sought ways to accelerate efforts to relocate individuals away from the railroad tracks to an alternative temporary encampment location. The City continues to work with Tulare County to locate a permanent homeless shelter on the campus of the County owned Hillman Health Center but they have declined the opportunity to locate a temporary encampment area on the site.

AGENDA ITEM: General Business 5
Given that construction of the homeless shelter will take 12-18 months, City staff identified an alternative site for a temporary encampment area located at the northeast corner of Walnut Avenue and O Street, and discussions with the property owner have indicated that they are a willing seller. Subject to Council approval of the property acquisition, staff proposes the development of a temporary encampment area on the site.

Initially, the area would be intended to serve as a temporary relocation site for homeless individuals currently located within the ERF Program’s designated encampment area. The area would provide these individuals with the opportunity to relocate without the inherent dangers of being adjacent to the UPRR tracks, and where ERF Program services can be provided. The temporary homeless encampment area will provide space for up to 174 homeless individuals until the permanent homeless shelter is completed in 2023-2024 (see attached).

Staff has negotiated an agreement of vacant land purchase and joint escrow with Robert W.

Bender in the amount of $360,000.00 for the 2.0-acre (87,120 sq. ft.) parcel. This parcel was one of two under consideration as possible sites for the City’s planned facility. Upon further evaluation, it was determined to be the most viable as it could be converted and opened by the January 2023 deadline with the current price and terms. Included for Council’s convenience is a copy of the proposed Agreement for Purchase and Sale and Joint Escrow Instructions, preliminary report, and map of the site.

The following is a summary of the terms and conditions contained within the proposed agreement:
• Asking Price: $360,764.00
• Purchase Price: $360,000.00 per appraisal
• Deposit: $5,000.00 to be applied to the purchase price • Seller to provide Preliminary Title Report free and clear of all liens at close of escrow • Title Company: Chicago Title Company, 1905 N Hillman St, Tulare, CA • Closing Date: Within 120-days of the date of the executed agreement (June 13, 2022) • Title Company to issue a California Land Title Association (CLTA) policy of title insurance
• Other standard terms and conditions typical for this type of City real property acquisition Development of the proposed temporary encampment area at the northeast corner of Walnut Avenue and O Street would require the City to undertake various capital improvements to the site. The current estimated capital cost of the project including; land acquisition, site preparation, sanitation, on-site caretaker facility, amenities, and transportation is $650,000.

Staff will bring City Council a more detailed report identifying estimated costs for its consideration at the October 18, 2022 meeting. It is anticipated that approximately half of this cost would be recovered once the homeless shelter is operational and the property is sold.

The intent is to relocate the ERF Program participants to the temporary encampment area the operational expense of which will be covered by the grant. The benefits of proceeding include; potential further preservation of life, opportunity to gain insights prior to homeless shelter operations, cleanup of current encampments, and opportunity to gain buy-in from homeless individuals to occupy the homeless shelter once completed. The primary challenges include those that may resist relocation plus additional cost and risk to the City.

STAFF RECOMMENDATION:

Authorize the City Manager to complete and execute documents necessary to purchase property located at the northeast corner of Walnut Ave and O Street in Tulare (APN 181-070- 062) in the amount of $360,000.00 for the use as a temporary homeless encampment area, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager; and receive a presentation and provide direction to staff regarding the proposed temporary homeless encampment area to be located on said property.

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

General Fund Reserves (Approved for Homeless Activities) 601-4601-7301
Submitted by: Manuel Correa Title: Office of Safety, Compliance & Facilities Officer Michael Miller City Engineer
Date: September 12, 2022 City Manager Approval: ____________ Gate
Walnut Avenue "O" Street
4' 3' 7' 5' Typ. Tent Layout Detail 15' 12'
Trash Bin
20' x 8' x 8' Storage Containers (4)
Caretaker
Common Area Detail Fire Pit BBQ Grill Lighting
Portable Restrooms
Mobile Shower Parking
PP (E) PP (P) PP (P) 2" Water Meter Backflow Preventer Electrical Service (P) 2" Water Service (P) 20 Spaces 20 Spaces Common Area
(See Detail)
18 Spaces
12 Spaces 18 Spaces 17 Spaces 19 Spaces
20 Spaces
12 Spaces
18 Spaces XX-XX XX-XX XX-XX EXHIBIT A
TEMPORARY ENCAMPMENT WALNUT/"O" STREET SITE
174 TENT SPACES
N

Chicago Title Company
1905 Hillman Street, Tulare, CA 93274
Phone: (559)686-8684 | Fax: (559)686-5490

ESTIMATED BUYER'S STATEMENT
Settlement Date: October 25, 2022 Escrow Number: FWVI-4272200414 Disbursement Date: October 25, 2022 Escrow Officer: Fay Minyard Email: [email protected]
Buyer: City of Tulare, a Municipal Corporation
411 East Kern Avenue
Tulare, CA 93274
Seller: Equity Trust Company, Custodian FBO Robert W. Bender IRA 1 Equity Way
Tulare, CA 44145
Property: Walnut Avenue and O Street
Tulare, CA 93274
Parcel ID(s): 181-070-062-000
$ DEBITS $ CREDITS

FINANCIAL CONSIDERATION
Contract sales price 360,000.00
Deposit or earnest money City of Tulare, a Municipal Corporation 5,000.00

PRORATIONS/ADJUSTMENTS
County taxes at $1,657.94 07/01/22 to 10/25/22 ($1,657.94 / 180 X 114 days) 1,050.03

TITLE & ESCROW CHARGES
Escrow Fee Chicago Title Company 625.00
Document preparation Chicago Title Company 25.00
Recording Service Fee Chicago Title Company 14.00

GOVERNMENT CHARGES
Recording fees Chicago Title Company 100.00
Subtotals 360,764.00 6,050.03
Balance Due FROM Buyer 354,713.97
TOTALS 360,764.00 360,764.00
The fees listed are based solely on the information provided and subject to Lender’s Closing Instructions. Any changes, including but not limited to the sales price, loan amount, requested endorsements, number of pages to be recorded, documents to be recorded and number of loan packages will result in a change to the figures provided. Review this quote carefully as the settlement agent will not be held liable for the accuracy or completeness of the information received or for failure to request updated figures if the terms have changed or additional services are required.

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Adopt a resolution approving the allocation of expenditure of American Rescue Plan Act (ARPA) Funds toward selected time-sensitive councilmember-identified programs and projects.

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

The City of Tulare has received $18,024,068 million in ARPA funds from the federal government. To date, the City Council has allocated $17,081,800 of this total. The projects/programs currently approved for funding are summarized as follows:

Project/Program Amount
ARPA Consultant $50,000
Dispatch Radio Replacement $350,000
Marketing & Social Media $100,000
Set-Aside for Pandemic Response $50,000
Courthouse Remodel $1,300,000
Zumwalt Park Redevelopment $5,000,000
Downtown Façade/Rehabilitation Grant $1,000,000
Downtown Master Plan Update $100,000
Homeless Shelter $2,000,000
Vaccination Incentive $220,000
City Employee One-time Bonus $681,800
Fire Department Ladder Truck $1,500,000
Police and Fire CAD/RMS Replacement $1,180,000
HWY 99 Water Crossing (Int. Agri-Center Way) $1,200,000 Financial System Replacement $1,650,000
Live/Recorded/Remote Council Chambers Upgrade $200,000
TJUSHSD – 50M Swimming Pool $500,000
Total Allocation $17,081,800
In April, 2022, the City Council opted to divide the remaining unallocated $942,265 in ARPA funding into five equal portions of $188,453. Each Councilmember was given the responsibility of identifying programs and projects for their portion of the remaining unallocated funds.

AGENDA ITEM: General Business 6
Council has been carefully considering a variety of eligible programs and projects for funding.

At least one project that is on multiple councilmembers’ lists remains in flux and requires additional time. However, some already-identified projects are time sensitive and require formal approval sooner rather than later. Therefore, the following items and their respective funding amounts are presented for Council consideration:

Project Councilmember Amount
Water Tower Artwork - Mederos $7,500
Eden House - Sayre $116,539
Elementary School Support - Harrell $15,000
Police Explorer Program - Harrell $5,000
Grandma’s House Isherwood $10,000
Family Services of Tulare County Isherwood $15,000
Mission Oak High School Engineering Pathway Isherwood $5,000 Tulare Boys and Girls Club Support Isherwood $10,000
Japanese Internment Camp Memorial - Sigala and
Isherwood
$30,000
$15,000
Historical Museum Support - Sigala and
Isherwood
$5,000
$5,000
Total Allocation $239,039
The items identified above are described in greater detail in Attachment A. If the items above are approved by Council, it will total $179,039 of the remaining $942,265 in unallocated ARPA funds. The balance for each councilmember will be as follows:

Councilmember
Amount
Appropriated
Remaining
Balance
Mederos $7,500 $180,953
Sayre $116,539 $71,914
Harrell $20,000 $168,453
Isherwood $60,000 $128,453
Sigala $35,000 $153,453
Total Allocation $239,039 $703,226
Based on the materials presented above and in Attachment B, staff recommends that Council receives staff’s presentation and public comment regarding the expenditure of American Rescue Plan Act (ARPA) Funds toward potential programs and projects, and adopt a resolution approving the expenditure of $179,039 in ARPA funds.

STAFF RECOMMENDATION:

Adopt a resolution approving the allocation of expenditure of American Rescue Plan Act (ARPA) Funds toward selected time-sensitive councilmember-identified programs and projects.

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: Josh McDonnell Title: Deputy City Manager Date: September 13, 2022 City Manager Approval: ____________ RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

ALLOCATING AMERICAN RECOVERY PLAN ACT FUNDS FROM THE UNITED

STATES GOVERNMENT
WHEREAS, on March 11, 2021, the President of the United States signed into law House Bill 1315, the American Rescue Plan Act of 2021, (ARPA), to provide continued relief from the impact of the Covid-19 pandemic; and WHEREAS, on May 10, 2021, the United States Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds (the “Fiscal Recovery Funds” or CSLFRF), established by ARPA, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to recover from the COVID-19 pandemic; and WHEREAS, the City of Tulare has been negatively impacted by the COVID-19 pandemic; and,
WHEREAS, the City of Tulare has been awarded a total of $18,024,068 in funding; such funding was received in two tranches, and, WHEREAS, the City of Tulare has received the initial funding in the amount $18,024,068 as of September 1, 2022,
WHEREAS, the United States Department of Treasury has adopted guidance regarding the use of ARPA funds; and,
WHEREAS, the City of Tulare, in response to the pandemic, has had expenditures and anticipates future expenditures consistent with the United States Department of Treasury’s ARPA guidance; and
WHEREAS, ARPA permits the City to use the Fiscal Recovery Funds to cover eligible costs incurred during the period beginning March 3, 2021, and ending December 31, 2024; and,
WHEREAS, the City of Tulare must agree to specific Terms and Conditions set forth by the United States Department of Treasury as part of accepting the funds.

WHEREAS, the City of Tulare, on December 7, 2021 adopted Resolution 2021- 52; approving the allocation of $12,351,800 ARPA funds to the following projects:

RESOLUTION 2022- Page 2
Project/Program Amount
ARPA Consultant $50,000
Marketing and Social Media $100,000
Set aside for ongoing Pandemic Response $50,000
Court House Remodel $1,300,000
Downtown Façade\Rehabilitation Grant $1,000,000
Downtown Master Plan Update $100,000
Homeless Shelter $2,000,000
Zumwalt Park Refurbishment $5,000,000
Vaccination Incentive $220,000
City Employee One-time Bonus $681,800
Fire Department Ladder Truck $1,500,000
Dispatch Radio Replacement $350,000
Total Allocation $12,351,800
WHEREAS, the City of Tulare, on February 15, 2022 adopted Resolution 2022- 05; approving the allocation of an additional $4,730,000 in ARPA funds to the following projects:

Project/Program Amount
Police and Fire CAD/RMS Replacement $1,180,000
HWY 99 Water Crossing (International Agricenter Way) $1,200,000 Financial System Replacement $1,650,000
Live/Recorded/Remote Council Chambers Upgrade $200,000
Tulare Joint Union High School – Mission Oak 50M Pool $500,000 Total Requested Amount $4,730,000
WHEREAS, through the adoption of Resolutions 2021-52 and 2022-05, the City of Tulare has a remaining balance of $942,265 in undesignated ARPA funds; and, WHEREAS, the City of Tulare has analyzed and considered a variety of programs and projects for additional ARPA funding allocations.

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

Section 1. The City of Tulare is authorized to accept and receive funding under American Rescue Plan Act (ARPA) and re-verifies that it accepts the total allocation of $18,024,068 of Fiscal Recovery Funds from the United States Department of Treasury.

Section 2. The City Council’s adoption of Resolution 2021-52 approving the allocation of $12,351,800 in ARPA funds remains in full force and effect.

RESOLUTION 2022- Page 3
Section 3. The City Council’s adoption of Resolution 2022-05 approving the allocation of $4,730,000 in ARPA funds remains in full force and effect.

Section 4. An additional $239,039 in ARPA funding be hereby allocated to programs and projects as follows:

Project Councilmember Amount
Water Tower Artwork - Mederos $7,500
Eden House - Sayre $116,539
Elementary School Support - Harrell $15,000
Police Explorer Program - Harrell $5,000
Grandma’s House Isherwood $10,000
Family Services of Tulare County Isherwood $15,000
Mission Oak High School Engineering Pathway Isherwood $5,000 Tulare Boys and Girls Club Support Isherwood $10,000
Japanese Internment Camp Memorial - Sigala and
Isherwood
$30,000
$15,000
Historical Museum Support - Sigala and
Isherwood
$5,000
$5,000
Total Allocation $239,039
Section 5. This resolution shall take effect upon its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED this 20th day of September, 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
RESOLUTION 2022- Page 4

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, hereby certify the foregoing is the full, true, and correct copy of Resolution 2022-XX duly adopted by the City Council of the City of Tulare at a regular meeting held on September 20, 2022, by the following vote:

AYES: Councilmember(s)
NOES: Councilmember(s)
ABSENT: Councilmember(s)
ABSTENTIONS: Councilmember(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk
RESOLUTION 2022- Page 5
Attachment A
ARPA Program/Project Descriptions
Councilmember Program/Project Description Amount
Mederos Water Tower
Painting
This request would be to give funds
related to marketing of City of
Tulare as a Milk processor. This is
to pay for a portion of the "artwork"
associated with the re-painting of
the Downtown water tower.
$7,500
Sayre Eden House This request it to give Funds to a
homeless shelter located in another
local city, Eden House. Eden
house handles more complex
mental illness related
homelessness cases.
$116,539
Harrell Elementary
School support
Cypress, Lincoln and Wilson
Elementary schools – Provide
teachers with funds to assist in
outfitting their classroom, a cost
they pay for out of their own pocket.
$15,000
Harrell Tulare PD
Explorers
Tulare PD Explorers – Assist those
that could not afford uniforms
because of cost during COVID.
$5,000
Isherwood Grandma's
House
This request it to give Funds to a
local non-profit that give afterschool assistance to school age kids.
$10,000
Isherwood Family
Services of
Tulare County
This would be a financial
contribution to the organization that
provides domestic violence
services, including the operation of
the women's and children's shelter.
$15,000
Isherwood High School
Foundation -
Engineering
Pathway
This request it to give Funds to the
Tulare High School District
Foundation in support of the
Engineering Pathway, an
"academy" style curriculum
designed to expose interested
students to Engineering as a future
career through focused classes.
$5,000
Isherwood Tulare Boys &
Girls Club
This request is to give additional
funds to the Tulare Boys & Girls
Club.
$10,000
RESOLUTION 2022- Page 6
Councilmember Program/Project Description Amount
Sigala and
Isherwood
High School
Foundation –
Internment
Camp Memorial
Tulare Fairgrounds – Help with
funding for bronze plaques and
associated memorial material to
commemorate the Japanese
Internment Camp that once existed
on the site of the Tulare County
Fairgrounds.

Sigala
$30,000
Isherwood
$15,000
Sigala and
Isherwood
Tulare
Historical
Museum
This would be to give funds to the
Tulare Historical Museum
Sigala
$5,000
Isherwood
$5,000

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Attorney
For Council Meeting of: September 20, 2022
Documents Attached: ☐Ordinance ☒Resolution ☐Other ☐None

AGENDA ITEM:

Consideration and possible approval of a resolution allowing for delinquent utility charges to be placed on each parcel’s tax roll.

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

The City is authorized by Health and Safety Code Sections 5471-5473 to place fees, tolls, rates, rentals, or other charges for services and facilities on the tax roll for each parcel with delinquent charges.

If passed, the City will have the option to approve a resolution that gets passed each year to send those charges to Tulare County. A "written report" (staff report and resolution) has to be prepared each year and filed with the clerk, which must contain a description of each parcel of real property receiving such services and facilities and the amount of the delinquent charges for each parcel for the year, and how it was computed. If the attached resolution is approved, a second resolution will be brought back later in the year to add the charges. This resolution only authorizes the procedure for the City to follow.

This resolution must be approved by 2/3rds vote of the council which in our case means 4 affirmative votes.

STAFF RECOMMENDATION:

Consideration and possible approval of a resolution allowing for delinquent utility charges to be placed on each parcel’s tax roll.

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: September 14, 2022 City Manager Approval: ____________ AGENDA ITEM: General Business 7
RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

TO PRESCRIBE, REVISE AND COLLECT FEES, TOLLS, RATES, RENTALS, OR

OTHER CHARGES FOR SERVICES AND FACILITIES RELATED TO WATER,

SANITATION, STORM DRAINAGE, OR SEWERAGE SYSTEMS
WHEREAS, the City Council of the City of Tulare adopted certain established service charges upon each premises or any portion thereof that receives or uses utility service from the City’s facilities; and
WHEREAS, the service charges were adopted in compliance with Article XIIID, Section 6 of the California Constitution, Government Code section 53750 et seq., and Health and Safety Code section 5471; and
WHEREAS, the City currently imposes the service charges for the above referenced services on a monthly basis by directly billing its customers; and WHEREAS, the City would like to add delinquent accounts to that parcel’s tax roll under the authority of Health and Safety Code section 5473; and WHEREAS, the City will prepare a written report each fiscal year which contains a description of each parcel of real property, containing a customer that receives services from the City’s facilities and the amount of the delinquent charges for each of those parcels for the Fiscal Year.

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

Section 1. The City may, per Health and Safety Code section 5473 certify each Fiscal Year the total delinquent service charges for each parcel and shall submit to the Tulare County Accessor’s Office a report containing all required information for the charges to be added to each parcel’s tax roll..

PASSED, APPROVED, AND ADOPTED this 20th day of September, 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
RESOLUTION 2022- Page 2

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF TULARE )
I, Marc Mondell, City Clerk of the City of Tulare, hereby certify the foregoing is the full, true, and correct copy of Resolution 2022-XX duly adopted by the City Council of the City of Tulare at a regular meeting held on September 20, 2022, by the following vote:

AYES: Councilmember(s)
NOES: Councilmember(s)
ABSENT: Councilmember(s)
ABSTENTIONS: Councilmember(s)
Marc Mondell, City Clerk

By: Melissa Hermann, Chief Deputy City Clerk