Agenda packet — Tulare City Council, February 21, 2023

City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, February 21, 2023
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

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

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

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

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

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

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Regular Meeting February 21, 2023 City of Tulare Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. PRESENTATIONS

3.1. Disability Advocacy Presentation by Rebecca Donabed.

4. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

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

6. COUNCIL REPORTS AND ITEMS OF INTEREST

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

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

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

7.2. Regular Meeting Minutes of February 7, 2023.

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

7.3. Letter to Caltrans Regarding Safety Improvements for Existing School Crosswalks on State Route 137.

Recommended Action: Authorize the Mayor to sign a letter to Caltrans requesting additional traffic safety improvements for the existing school crosswalks located on State Route 137. [M. Miller]

7.4. January 2023 Investments Report.

Recommended Action: Accept the monthly investments report for January 2023. [D.

Ibanez]
City Council Agenda – Regular Meeting February 21, 2023 City of Tulare Page 3

7.5. Establish the Tax Rate and Fees for Retail Cannabis Sales and Other Cannabis Businesses.

Recommended Action: Approve a resolution establishing the tax rate and fees for retail cannabis sales and other cannabis businesses. [D. Ibanez]

7.6. Submission of 2023 CalHome Program Application.

8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

8.1. Recruitment, Selection, and Appointment Process.

Recommended Action: Receive a presentation on the City’s recruitment, selection, and appointment process. [J. Avila]

8.2. Women’s Clubhouse Repairs and Relocation.

Recommended Action: Discuss and provide staff direction on repairs to and relocation of the Women’s Clubhouse. [M. Correa]

8.3. Discussion Regarding Homelessness in the City of Tulare.

Recommended Action: Receive updates on and discuss matters related to homelessness in the City of Tulare. [M. Mondell]

9. STAFF UPDATES

10. FUTURE AGENDA ITEMS - None Submitted

11. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, March 7, 2023, at 7:00 p.m. in the Council Chamber at the Tulare Public Library, 491 North M Street, Tulare, California.

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

City of Tulare }
I, Melissa Hermann, Chief Deputy City Clerk for the City of Tulare, hereby certify, under penalty of perjury, that I caused the posting of this agenda before 5:00 p.m. on Thursday, February 16, 2023, at City Hall, 411 E. Kern Avenue, as well as on the City’s website.

POSTED BY: Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: February 21, 2023 Agenda Memo
Date: February 16, 2023
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. 7:00 p.m. - REGULAR MEETING

1. CALL TO ORDER REGULAR MEETING

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. PRESENTATIONS

3.1. Disability Advocacy Presentation by Rebecca Donabed.

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

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:30-7:35 p.m.]

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

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

7.2. Regular Meeting Minutes of February 7, 2023.

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

7.3. Letter to Caltrans Regarding Safety Improvements for Existing School Crosswalks on State Route 137.

Recommended Action: Authorize the Mayor to sign a letter to Caltrans requesting additional traffic safety improvements for the existing school crosswalks located on State Route 137. [M. Miller]
Summary: At Council’s request, staff has investigated concerns regarding traffic safety at the existing school crosswalk on Inyo Avenue (State Route 137) at Howard Avenue, and has prepared a letter to Caltrans requesting their consideration of certain traffic control improvements. Given that similar concerns also apply to the existing school crosswalk on Tulare Avue (State Route 137) west of Highland Street in front of Wilson Elementary School, consideration of improvements is also requested at that location. A copy of the draft letter is attached for reference.

7.4. January 2023 Investments Report.

Recommended Action: Accept the monthly investments report for January 2023. [D.

Ibanez]
Summary: The investments report for January 2023 is submitted for Council review and acceptance.

7.5. Establish the Tax Rate and Fees for Retail Cannabis Sales and Other Cannabis Businesses
Recommended Action: Approve a resolution establishing the tax rate and fees for retail cannabis sales and other cannabis businesses. [D. Ibanez] Summary: Ordinance 19-12 revoked and replaced Chapter 5.96 of the City of Tulare Municipal Code allowing Recreational Cannabis Businesses and Establishing Permitting Procedures and Regulations.

On November 8, 2022, voters approved Measure Y which requires cannabis businesses operating within City of Tulare limits subject to a cannabis business tax.

The proposed rate on retail sales is 5%. Other rates are listed for approval, but such activities are not currently allowed within City limits.

The resolution should be approved in order to establish the tax rate and fees described in Measure Y.

Tulare City Council Page 3
Agenda Memo – February 21, 2023

7.6. Submission of 2023 CalHome Program Application.

Recommended Action: Adopt a resolution as presented to approve the submittal of an application to the CalHome Program for up to $750,000 for First-Time Homebuyer Mortgage Assistance within the City of Tulare. [G. Avitia] Summary: On January 6, 2023, the California Department of Housing and Community Development (HCD) released the 2023 CalHome Super Notice of Funding Availability (NOFA). The CalHome program supports homeownership programs aimed at lower and very low-income households to increase homeownership, encourage neighborhood revitalization and sustainable development, and maximize use of existing homes.

8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

8.1. Recruitment, Selection, and Appointment Process. [Time Estimate: 7:45-8:05 p.m.] Recommended Action: Receive a presentation on the City’s recruitment, selection, and appointment process. [J. Avila]
Summary: The City has a recruitment, selection and appointment policy that establishes the procedure, process and method for requisition, recruitment and certification to fill vacant allocated positions. All recruitments for these positions are conducted by Human Resources Department (HRD). The following staff report summarizes the multi-step process utilized to fill vacant positions.

NOTIFICATION OF VACANCY: When a vacancy occurs in an allocated position, the affected department head advises HRD by submitting a personnel requisition. Prior to HRD initiating a recruitment, the City Manager reviews and approves the requisition to fill the position. If an eligible list does not exist for the vacant position, or an existing eligible list does not meet the needs of the requesting department, a recruitment is conducted. The recruitment will be one of the following types: open recruitment, continuous recruitment, limited recruitment, or promotional recruitment.

JOB POSTING AND ADVERTISING: A job posting announces the recruitment, which is posted on the City’s website as well as other locations that are deemed appropriate, such as newspapers, professional organizations, direct mail letters to mailing lists and/or online advertising. The job announcement includes a summary of the nature of the work to be performed, lists the essential job duties of the position, identifies the minimum qualifications, and provides logistical information such as the last date that applications will be accepted, the time, place and type of examination, and any required types of certifications, driver’s license etc. needed, salary pay range and City benefits afforded.

APPLICATION SCREENING AND EXAMINATION PROCESS: At the close of the recruitment, HRD screens each submitted application to determine if it meets the minimum requirements as stated in the recruitment announcement. The most qualified applicants in terms of knowledge, skills and abilities, are invited to participate in the next step, which is usually an established examination process. All examinations are Tulare City Council Page 4
Agenda Memo – February 21, 2023
conducted in a valid and impartial manner, free from personal, political and non-merit considerations; and are consistent with applicable law.

The type of examination is determined by HRD, in conjunction with the requesting department. The content of all examinations are job-related and designed to test knowledge, skills and abilities that help predict successful completion of job duties. An examination may consist of any combination of job-related processes including but not limited to performance tests, written tests, structured interviews, working style assessments, practical exercises, physical fitness, and/or application rating.

Certification is the process established where HRD refers eligible applicants to the appointing authority for interview and selection. For each vacancy, the top five names are certified off the eligible list.

DEPARTMENT INTERVIEWS, SELECTION AND APPOINTMENT: The requesting department then conducts hiring interviews with each certified candidate and determines who they want to hire. An appointment is the offer and acceptance of a job made in accordance with City policy and laws governing the same. It is the policy of the City to hire all employees in accordance with the City’s Equal Employment Policy and applicable State and Federal Laws. City department hiring authorities make all appointments within their department. The City Manager makes Department Head appointments and the City Council makes appointments for City Manager and City Attorney.

Final appointments are made after the hiring interview, and successful completion of a reference check, criminal history check, DMV check, verification of employability, DOJ fingerprint check, and other required background checks. After HRD determines that an applicant is eligible for employment, the background phase of the recruitment and selection process is initiated and the HRD requests information about criminal convictions, except those convictions that have been judicially sealed, eradicated, or expunged. Unless required by law, the City does not deny employment to any applicant solely because he or she has been convicted of a crime. The City may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position.

This does not apply to applicants for public safety jobs. Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job-related medical and/or psychological examination. Such examination can only be required after a conditional offer of employment is made.

PROBATIONARY PERIOD AND EMPLOYEE ORIENTATION: The probationary period is considered the final portion of the recruitment and examination process and is used to determine whether work performance or work-related behavior meets the required standards of the position. New employees participate in a new employee orientation designed to facilitate the probationary employee’s adjustment to City employment and includes information the employee needs in order to be acquainted Tulare City Council Page 5
Agenda Memo – February 21, 2023
with the City organization, information regarding pay and benefits, a review of the rules, regulations and policies that must be adhered to by all employees and the completion of an oath of allegiance.

8.2. Discussion Regarding Homelessness in the City of Tulare. [Time Estimate: 8:05-8:25 p.m.] Recommended Action: Receive updates on and discuss matters related to homelessness in the City of Tulare. [M. Mondell]

9. FUTURE AGENDA ITEMS - None Submitted [Time Estimate: 8:25-8:25 p.m.]

10. STAFF UPDATES [Time Estimate: 8:25-8:35 p.m.]

11. ADJOURNMENT
The next regular meeting of the Tulare City Council is Tuesday, March 7, 2023, at 7 p.m.

City of Tulare Page 1
City of Tulare
City Council Meeting Minutes
A regular meeting of the City Council of the City of Tulare was held on Tuesday, February 7, 2023 at 7:00 p.m. at the Tulare Public Library in the Council Chamber located at 491 North M Street.

COUNCIL PRESENT: Patrick Isherwood, Jose Sigala, Stephen C. Harrell, Dennis A.

Mederos
COUNCIL ABSENT: Terry A. Sayre
STAFF PRESENT: Marc Mondell, Mario Zamora, Melissa Hermann, Josh McDonnell, Diego Ibanez, Michael Miller, Trisha Whitfield, Jason Glick, Matt Machado, Janice Avila, Michael Ott, Mario Anaya, Traci Myers, Jason Bowling, Clay Roberts, Gladys Avitia, Alexis Costales

1. CALL TO ORDER REGULAR MEETING
A regular meeting of the City Council was called to order at 7:01 p.m. by Vice Mayor Isherwood.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Harrell led the pledge of allegiance and an invocation was given by Assistant City Manager Josh McDonnell.

3. PRESENTATIONS

3.1. Proclamation for Black History Month. Vice Mayor Isherwood read a proclamation of the Council proclaiming February 2023 as Black History Month in the City of Tulare.

3.2. Recognize Retired Committee and Board Members. The Council recognized retired Aviation Committee members Casey Jenkins and Michael Groah as well as retired Police Department Citizen Complaint Review Board member Gene Chavez for their years of service.

3.3. Presentation by Tulare Public Cemetery District Manager Clara Bernardo.

Clara Bernardo provided a presentation to the Council regarding the current status of the Tulare Public Cemetery District.

4. PUBLIC COMMENTS
The following provided public comment: Vicente Guzman, Michael Wells, Donnette Silva-Carter, and George Herrera.

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

Item #: 7.2
Consent
City Council Minutes Tuesday, February 7, 2023
City of Tulare Page 2

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

7. CONSENT CALENDAR
It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Mayor Sayre absent) to approve the items on the Consent Calendar as presented with the exception of items 7.3 and 7.5.

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

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

7.2. Special and Regular Meeting Minutes of January 17 and January 27, 2023.

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

7.3. Police Department Citizen Complaint Review Board Annual Report.

Recommended Action: Accept the Police Department Citizen Complaint Review Board’s annual report for calendar year 2022. [G. Merrill] Vice Mayor Isherwood pulled this item for discussion. Captain Matt Machado provided additional background on the Board and the process. Following discussion, it was moved by Councilmember Harrell, seconded by Councilmember Mederos, and carried 4 to 0 (Mayor Sayre absent) to approve the item as presented.

7.4. Council Community Improvement Fund Expenditure Approval.

Recommended Action: Approve the expenditure of no more than $1,100 from each City Councilmember Community Improvement fund to purchase sleeping bags for residents of the Temporary Homeless Encampment. [J. McDonnell]

7.5. Real property acquisition for a portion of APN 164-130-004 needed for street right-of-way necessary to construct improvements for Project EN0088, Prosperity Avenue / West Street Traffic Signal.

Recommended Action: Authorize the City Manager to complete and execute the documents necessary to purchase property and easements located on the north side of Prosperity Avenue east of West Street (portion of APN 164-130- 004) needed for Project EN0088 – Prosperity Avenue & West Street Improvements Project in the amount of $29,722, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
This item was pulled at the request of staff. Staff advised the item will be brought back at a future date.

8. PUBLIC HEARINGS

8.1. Substantial Amendment to Fiscal Year 2022 Action Plan.

Recommended Action: Adopt resolution to reallocate $31,842.38 of Community Development Block Grant funds from Public Infrastructure activity to Affordable Housing activity and maintain $146,400 for program administration. [G. Avitia] City Council Minutes Tuesday, February 7, 2023
City of Tulare Page 3
Housing and Grants Specialist Gladys Avitia provided a report for Council consideration. Vice Mayor Isherwood opened the public hearing at 8:02 p.m.

Receiving no comments from the public, the public hearing was closed at 8:02 p.m. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Mayor Sayre absent) to adopt the resolution as presented.

9. GENERAL BUSINESS

9.1. ARPA Funds Allocation Approval.

Recommended Action: Approve the allocation of expenditures of American Rescue Plan Act (ARPA) Funds toward councilmember-identified programs and projects; and adopt a resolution approving the expenditure of ARPA funds. [J.

McDonnell]
Assistant City Manager Josh McDonnell provided a report for Council consideration. Following discussion, it was moved by Councilmember Sigala, seconded by Councilmember Mederos, and carried 4 to 0 (Mayor Sayre absent) to approve the item as presented.

10. FUTURE AGENDA ITEMS

10.1. City Council Challenge Coins.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]
It was Council consensus to add this item to a future agenda.

10.2. Update on the status of property sold by the City which required development.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Sigala]
It was Council consensus to add this item to a future agenda.

10.3. City of Tulare resolution urging Tulare County Board of Supervisors to establish a county-wide commission on the Status of Women & Girls.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Sigala]
There was no consensus to add this item to a future agenda.

11. STAFF UPDATES
Staff provided updates on current department activities.

City Council Minutes Tuesday, February 7, 2023
City of Tulare Page 4

12. ADJOURNMENT
The regular meeting was adjourned at 8:50 p.m.

Approved by Council: February 21, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
_________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: February 21, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Letter to Caltrans Regarding Safety Improvements for Existing School Crosswalks on State Route 137

RECOMMENDED ACTION
Authorize the Mayor to sign a letter to Caltrans requesting additional traffic safety improvements for the existing school crosswalks located on State Route 137.

SUMMARY
At Council’s request, staff has investigated concerns regarding traffic safety at the existing school crosswalk on Inyo Avenue (State Route 137) at Howard Avenue, and has prepared a letter to Caltrans requesting their consideration of certain traffic control improvements. Given that similar concerns also apply to the existing school crosswalk on Tulare Avue (State Route 137) west of Highland Street in front of Wilson Elementary School, consideration of improvements is also requested at that location. A copy of the draft letter is attached for reference.

FISCAL IMPACT & FUNDING SOURCE(S)
Since the requested improvements are located on State Route 137, they fall under Caltrans jurisdiction. As such, the associated costs should be borne by the State; however, should Caltrans determine that some of the requested improvements are above and beyond what is required per their standards, the City may be asked to share in their cost. Should that happen, a funding source would need to be identified. Potential funding sources would include:
• Measure R Local
• Gas Tax (HUTA)
• General Fund
• City Councilmember Discretionary Funds

LEGAL REVIEW
None required at this time.

ALTERNATIVE ACTION

1. Approve with changes – Staff would revise the letter to Caltrans to incorporate any changes requested by City Council.

2. Deny – No further action would be taken by staff.

3. Table – Staff would await further direction from City Council.

ATTACHMENTS

1. Letter to Caltrans
Reviewed/Approved:

Item #: 7.3
Consent

411 East Kern Avenue  Tulare, California 93274  559.684.4200  Fax 559.366.1701

CITY COUNCIL
February 21, 2023
California Department of Transportation
District 6, Maintenance and Operations
1352 W. Olive Avenue
Fresno, CA 93728
Attention: John Liu, Deputy District Director
Subject: State Route 137 - Request for Roadway Improvements at School Crossings
Dear Mr. Liu:

The Tulare City Council has been contacted by representatives of the Tulare City School District and concerned members of the public regarding the school crossing of Inyo Avenue (State Route 137) at Howard Street in the City of Tulare. Currently, the marked school crosswalk at this location features the following traffic control measures:
• The crosswalk is a standard school crosswalk marked in yellow thermoplastic. • Flashing yellow beacons with an illuminated SW24-1 mounted on mast arms are located approximately 50 feet in advance of the crosswalk for both eastbound and westbound travel lanes.
• “SLOW SCHOOL XING” pavement markings are provided for all travel lanes in advance of the school crossing, but there are no School Advance Warning Assembly D signs.
• School Speed Limit Assembly C signs are provided in advance of the school grounds for both eastbound and westbound traffic on Inyo Avenue.

Based upon the reports received by councilmembers and staff, drivers do not abide by the reduced school speed limit, and do not demonstrate good awareness of the crossing or pedestrians using it. The Tulare City School District has provided a crossing guard to assist school pedestrians during school arrival and release times. This individual confirms the issues listed above.

The City recognizes that Caltrans is currently in the process of completing a Complete Streets Study for the West Inyo Avenue Corridor, which should result in a future project to construct significant improvements addressing pedestrian and bicycle safety along the corridor. However, the City requests that Caltrans consider whether certain

411 East Kern Avenue  Tulare, California 93274  559.684.4200  Fax 559.366.1701 improvements could be made in the interim to help alleviate concerns at the aforementioned school crossing. Some potential improvements that have been identified by City staff are:

1. Change the standard school crosswalk marking to a high visibility pattern, such as diagonal, continental, or ladder style. The City typically uses ladder style markings for uncontrolled crosswalk locations.

2. Installation of yield lines and R1-5 signage in advance of the crosswalk for both eastbound and westbound traffic.

3. Replacement of the existing mast arm mounted flashing yellow beacons with School Crossing Assembly B signs incorporating solar-powered, pedestrianactivated rectangular rapid flash beacons. This configuration has been installed at the uncontrolled school crossing on Tulare Avenue (SR 137) west of Highland Street in front of Wilson Elementary School. As at that location, the installations would also include School Advance Warning Assembly D signage incorporating LED’s linked to the pedestrian activation of the Assembly B rectangular rapid flash beacons.

4. Installation of vehicle speed feedback signs within the school zone for both eastbound and westbound traffic on Inyo Avenue.

Should Caltrans be agreeable to items 1, 2, and 4 above, the City would respectfully request that these measures also be considered for the existing school crossing on Tulare Avenue (SR 137) west of Highland Street in front of Wilson Elementary School.

The same challenges regarding compliance with school speed zones and pedestrian awareness exist at this location.

Thank you in advance for taking our concerns and recommendations into consideration.

We would welcome any additional ideas that Caltrans staff might have to help address the concerns raised regarding this school crossing. It is clearly in the best interests of the City and Caltrans to work together to proactively address the concerns of our citizens. The City of Tulare has a long history of working collaboratively with our partners at Caltrans, and we look forward to continuing forward in that same spirit of cooperation.

Sincerely,
Terry A. Sayre
Mayor of the City of Tulare
cc: Marc Mondell, City Manager
Fred Ynclan, Police Chief
Michael Miller, City Engineer
Trisha Whitfield, Public Works Director
Staff Report
Meeting: City Council
Date: February 21, 2023
Department: Finance
Submitted by: Chief Financial Officer J. Diego Ibanez
Agenda Title: January 2023 Investments Report

RECOMMENDED ACTION
Accept the monthly investments report for January 2023.

SUMMARY
The investments report for January 2023 is submitted for Council review and acceptance.

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

LEGAL REVIEW
This item did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. January 2023 Investments Report
Reviewed/Approved:

Item #: 7.4
Consent

Staff Report
Meeting: City Council
Date: February 21, 2023
Department: Finance
Submitted by: Chief Financial Officer Diego Ibanez
Agenda Title: Establish the Tax Rate and Fees for Retail Cannabis Sales and Other Cannabis Businesses

RECOMMENDED ACTION
Approve a resolution establishing the tax rate and fees for retail cannabis sales and other cannabis businesses.

SUMMARY
Ordinance 19-12 revoked and replaced Chapter 5.96 of the City of Tulare Municipal Code allowing Recreational Cannabis Businesses and Establishing Permitting Procedures and Regulations.

On November 8, 2022, voters approved Measure Y which requires cannabis businesses operating within City of Tulare limits subject to a cannabis business tax.

The proposed rate on retail sales is 5%. Other rates are listed for approval, but such activities are not currently allowed within City limits.

The resolution should be approved in order to establish the tax rate and fees described in Measure Y.

FISCAL IMPACT & FUNDING SOURCE(S)
No fiscal impact.

LEGAL REVIEW
This item was reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. Correspondence from Todd Winters
Reviewed/Approved:

Item #: 7.5
Consent
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ESTABLISHING THE TAX RATE AND FEES FOR RETAIL CANNABIS SALES AND

OTHER CANNABIS BUSINESSES
WHEREAS, on April 21, 2020, the City Council of the City of Tulare approved Ordinance 19-12 an Ordinance revoking and replacing Chapter 5.96 of the City of Tulare Municipal Code allowing Recreational Cannabis Businesses and Establishing Permitting Procedures and Regulations; and
WHEREAS, on November 8, 2022, City of Tulare voters approved Measure Y – a cannabis business tax only on cannabis businesses operating within City of Tulare limits; and
WHEREAS, Ordinance No. 19-12 allows the City Council to set the retail tax rates not to exceed those rates stated therein; and
WHEREAS, pursuant to Chapter 5.98(B), of the Tulare Municipal Code, the City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax.

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

Section 1. The City Council of the City of Tulare establishes the following tax rate for retail cannabis sales and other cannabis businesses:

Tulare Municipal
Code Section
Type of Cannabis
Cultivation/Business
Tax Rate

5.98(C)(1) Commercial Cannabis Cultivation
• Exclusive artificial lighting
• Combination of
natural/artificial lighting
• No artificial lighting
• Nursery
N/A

5.98(C)(2) Testing Laboratory N/A

5.98(C)(3) Retail Cannabis Sales/Dispensary 5.0%

5.98(C)(3) Non-store Front Retailer (Delivery Business) 5.0%

5.98(C)(3) Microbusiness (Retail Sales Activity) N/A

5.98(C)(4) Cannabis Distribution N/A

5.98(C)(5) Cannabis manufacturing,
processing, or microbusiness (non-retail
activity) or any other type of cannabis business
not described in Section (C)(1), (2), (3) or (4).

N/A
Resolution 2023-XX

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PASSED, APPROVED, AND ADOPTED on this 21st day of February, 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
From: Todd Winter
To: Melissa Hermann
Cc: Mario U. Zamora; Wendy Lei
Subject: RE: Tulare Election Results
Date: Wednesday, February 15, 2023 10:54:31 AM
Attachments: Tulare Tax Burden Demonstration 2.14.23.pdf Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached.

Hi again, Melissa.

I noticed the pdf I sent you last night had a 2nd page of unrelated numbers so I’m attaching a new version here that you can provide to City Council along with my letter below.

Please let me know if you have any questions or need anything else from us. Thank you! Thank you,
Todd Winter

WINTER LLP
Hello Melissa,
I hope all is well with you. Per the emails below with Mr. Zamora, I’m providing you with the attached presentation and following text to present to the City Council on the issue of the voter approved City Cannabis Tax to be heard on February 21st. While we don’t represent the other two dispensaries in Tulare, this presentation is based on average accounting data related to cannabis retailers throughout California, and generally shows how overtaxed and burdened with inflated costs all cannabis retailers are in California.

The attached document was prepared by our office in conjunction with a large cannabis CPA firm to help illustrate to the City Council the punitive affects City, State, and Federal Taxes have on cannabis retailers in California, over and above the already severely inflated costs associated with running a cannabis retail business vs a traditional retailer. The document speaks for itself, but I want to make sure to point out a couple of things to the Council. The first being that per the above, these numbers are based on average data collected across several cannabis retailers in California. Secondly, we chose an arbitrary gross sales number. As that number goes up or down, it obviously will affect the rest of the numbers. Thirdly, these numbers don’t include Annual State Licensing Fees, which are revenue dependent and would paint an even worse picture for cannabis retailers. Also, please note, the issues with high taxes and overinflated costs associated with running a cannabis business are all very well-known and can be independently verified by the City.

The goal of all of this, of course, is so Council can review this information, and perhaps for the first time, see how burdensome City, State, and Federal taxes are to these businesses. And when those taxes are added to the already severely inflated costs that cannabis businesses face, i.e., rent, insurance, security, bank charges, and Annual State Licensing Fees, it is an almost impossible business model within which to succeed.

Additionally, in determining a rate of marijuana taxation, we hope the Council understands that some consumers are choosing to participate in the black market because the higher the tax rate, the higher the prices from cannabis retailers, and the more likely consumers will purchase from the black market. All of the aforementioned fees and taxes on cannabis retailers have significantly inhibited the growth of the licensed marijuana marketplace in California, according to a report issued by the Reason Foundation. A primary aim of legalization is to create a thriving legal market so that black market transactions cease to exist. However, increasing taxes only further encourages black market activity, not legal transactions.

Additionally, and in stark contrast to what most people believe about cannabis retailers, with City Taxes added on top of everything else, many cannabis retailers lose money on an annual basis. You might ask, “Well, why do they do it then?” The reality is that most retailers have been involved in this business for a long time and are so heavily invested that there’s nowhere else for them to go. But I think for most, the dream is that taxes and costs will eventually come down (not continue to go up), and the federal government will act to remove the draconian Federal Tax Code 280E, so if they can just hold on a while longer, they might be able to enjoy the same successes as traditional retailers.

Council should also be reminded that cannabis retailers bring a lot of customers to the City, which in turn helps the other retailers in town succeed.

Unfortunately, however, the cannabis business owners must work twice as hard with twice the cost as traditional business owners. Not to mention, cannabis companies are the only businesses in Tulare (and most cities/towns in California) that are required to pay a City Tax. So one would think a city would want to incentivize and help these cannabis companies succeed instead of burdening them with even more taxes/costs. Please consider these important factors when making your decision on what City Tax to charge these cannabis businesses that already help Tulare thrive.

In conclusion, based on the above and the attached, and on behalf of J Street Solutions, we respectfully request the City Council set the City’s Cannabis Tax at 2% (or lower) on all cannabis retail businesses in Tulare.

Thank you for your thoughtful review and consideration of this information. As always, I will make myself available to any of you who wish to discuss the incredible nuances of this very difficult industry.

Best,
TODD WINTER, ESQ.

Managing Partner

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This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited. Please notify us immediately and delete this copy from your system. Please see winterllp.com for Legal Notices.

From: Mario U. Zamora <[email protected]>
Sent: Thursday, January 19, 2023 11:39 AM
To: Todd Winter <[email protected]>
Cc: Wendy Lei <[email protected]>
Subject: Re: Tulare Election Results
Absolutely. All you need to do is send it to the City Clerk Melissa Hermann <[email protected]> by Feb 15. I suggest this because she will include it in the agenda packet that goes out the Friday before the meeting. If you bring it the night of the meeting, it's unlikely to be reviewed during the meeting.

MARIO U. ZAMORA
Attorney/Partner
111 E. Seventh Street
Hanford, CA 93230
T: (559) 584-6656 x 109
On Thu, Jan 19, 2023 at 10:55 AM Todd Winter <[email protected]> wrote:

Thanks, Mario. Can I submit some written info to outline how all the taxes and fees work so the council can get their arms around how detrimental city taxes are and how it only fuels the black market? We have a lot of data on this and most people (even those in the industry) don’t know how impactful (negatively) the tax situation is for cannabis operators.

Thank you,
Todd Winter

WINTER LLP
On Jan 19, 2023, at 10:36 AM, Mario U. Zamora
<[email protected]> wrote:

Todd,
The determination of the percentage will be taken on
Feb 21. The expectation is that they will not go above
5% which is what the other locations are paying. We
won't set a separate presentation, but you are welcome
to use your time in the public comment portion to let the council know.

MARIO U. ZAMORA
Attorney/Partner
111 E. Seventh Street
Hanford, CA 93230
T: (559) 584-6656 x 109
On Tue, Jan 17, 2023 at 2:28 PM Todd Winter
<[email protected]> wrote:

Thanks for this, Mario. Can you please let me know when Council will review and vote to set a percentage? I’d like to do a presentation on behalf of all the retailers to show them how all these taxes and fees impact the retailers. Most people believe they are making huge profit margins. When in fact it’s single digit, at best.

Thank you,
Todd Winter

WINTER LLP
From: Mario U. Zamora <[email protected]>
Sent: Tuesday, January 17, 2023 12:34 PM
To: Wendy Lei <[email protected]>
Cc: Sarah Valencia <[email protected]>
Subject: Re: Tulare Election Results
Wendy, nothing would change until April 1st. That would be assuming that council adopted a rate higher than the 2% currently being collected.

On Fri, Jan 13, 2023, 4:01 PM Wendy Lei <[email protected]> wrote:

Hi Mario,
We saw that the ballot election results will be announced at the next City Council Meeting.

Will there be anything affecting Herb'n Vibes' tax payments? Thank you,
Wendy Lei

WINTER LLP
Cannabis Corporation Non-Cannabis Corporation Add'l tax Notes Gross sales including tax $2,000,000 $1,754,601
Less 7.25% sales tax (118,609) (118,609) 0 Gross receipts for tax base of $1,635,992 Less 15% cannabis excise tax (245,399) 0 245,399 Gross receipts for tax base of $1,635,992 Cost of goods sold (1,070,000) (1,070,000)
Gross Profit 565,992 565,992
Wages 105,900 105,900
Utilities 34,800 34,800
Rent 99,600 35,700 Premium rents are charged to cannabis companies Software costs 3,700 3,700
Licenses and Registrations 3,100 3,100 This number does not include annual State Cannabis License Fees Outside services 61,000 61,000
Insurance 14,400 3,600 Insurance is easily quadruple for cannabis companies Office expenses 4,800 4,800
Security 100,000 0 Security services required for storefront dispensaries Tulare cannabis tax @ 5% 100,000 0 100,000 No other businesses are charged City Taxes Bank Charges 12,000 3,000 Bank charges are excessive for cannabis companies 539,300 255,600
Book Net Income before Tax 26,692 310,392
Federal Disallowed Expenses by 280E (539,300) 0 Cannabis companies cannot deduct normal business expenses Taxable income 565,992 310,392
Federal Tax 118,858 65,182 53,676
California Tax 2,360 27,439 (25,079)
Income (loss) after taxes ($94,526) $245,209 $373,996 More Tax for Cannabis Company Tax Burden Demonstration Cannabis Dispensary vs. Other Businesses Staff Report
Meeting: City Council
Date: February 21, 2023
Department: Community Development - Housing
Submitted by: Gladys Avitia, Housing and Grants Specialist Agenda Title: Submission of 2023 CalHome Program Application

RECOMMENDED ACTION
Adopt a resolution as presented to approve the submittal of an application to the CalHome Program for up to $750,000 for First-Time Homebuyer Mortgage Assistance within the City of Tulare.

SUMMARY
On January 6, 2023, the California Department of Housing and Community Development (HCD) released the 2023 CalHome Super Notice of Funding Availability (NOFA). The CalHome program supports homeownership programs aimed at lower and very low-income households to increase homeownership, encourage neighborhood revitalization and sustainable development, and maximize use of existing homes.

FISCAL IMPACT & FUNDING SOURCE(S)
Self-Help Enterprises charges a fee of $3,000 to prepare and submit the application, which will be paid from the Community Development Department account designated for professional and technical services.

The CalHome program application does not provide allocation for grant administration should it be awarded. Therefore, with Housing and Grants Division staff assuming grant administration duties, any expenses incurred related to grant administration, such as contract/grant setup, draw submissions, and quarterly/annual report submissions, will be absorbed by the City and be paid from the City’s Community Development Department budget. However, the City may assess a fee of up to five percent of loan repayments from beneficiaries of this planned and past CalHome activities to compensate for ongoing loan servicing costs incurred by City staff.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes: Self-Help Enterprises will edit activity and/or award requests and submit an application to CalHome on the City’s behalf.

2. Deny: The City will not apply for the CalHome Super NOFA and miss the opportunity to receive grant funds.

3. Table: Rescheduling consideration of this item will cause the City to miss the opportunity to apply for CalHome grant funds by the application deadline.

Item #: 7.6
Consent

ATTACHMENTS

1. Resolution

2. CalHome Super NOFA dated January 6, 2023
Reviewed/Approved:

RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD

AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN

THE CALHOME PROGRAM
WHEREAS, the City of Tulare, a political subdivision of the State of California (hereinafter the “City”), wishes to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, The California Department of Housing and Community Development (hereinafter referred to as “HCD”) has issued a Super Notice of Funding Availability (“NOFA”) on January 6, 2023 for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 Division 31 of the Health and Safety Code (the “statute.

Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and
WHEREAS, The City of Tulare wishes to submit an application to obtain from HCD an allocation of CalHome funds up to $750,000.

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

Section 1. The City of Tulare shall submit to HCD an application to participate in the CalHome Program in response to the NOFA issued on January 6, 2023, which will request a funding allocation of up to $750,000 for the following activity: First-Time Homebuyer Mortgage Assistance.

Section 2. If the application for funding is approved, the City of Tulare hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timeliness represented in the application are enforceable through the Standard Agreement. The City of Tulare acknowledges and agrees that it may be required to execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.

Section 3. The City of Tulare authorizes the City Manager, or designee(s), to execute in the name of the City of Tulare, the application, the Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents Resolution 2023-XX

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required by HCD for participation in the CalHome Program, and any amendments thereto.

PASSED, APPROVED, AND ADOPTED on this 21st day of February, 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor January 6, 2023
MEMORANDUM FOR: ALL POTENTIAL APPLICANTS
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: 2023 Homeownership Super Notice of Funding
Availability (Super NOFA)
The California Department of Housing and Community Development (HCD or Department) is pleased to announce the release of this Homeownership Super Notice of Funding Availability (HOSN or Super NOFA) for approximately $170 million in funds for the for the following programs:
• CalHome Program ($135 million)
• Joe Serna, Jr. Farmworker Housing Grant Program – Homeownership ($35 million) This funding provides loans and grants to Local Public Entities and Nonprofits for Homeownership Development Projects, Self-Help Technical Assistance Projects, Mortgage Assistance Programs, Owner-Occupied Rehabilitation Programs, Shared Housing Programs and Programs for the Acquisition of Manufactured Housing for Agricultural Households.

Per California Assembly Bill No. 434 (AB 434) (Chapter 192, Statutes of 2020), HCD is required to do the following for the Homeownership elements of the Joe Serna, Jr.

Farmworker Housing Grant Program: (1) make the program funds available at the same time it makes funds, if any, available under the CalHome Program; (2) rate and rank the applications in a manner consistent with the CalHome Program except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding under Serna in addition to those used in the CalHome Program; and (3) administer the funds in a manner consistent with the CalHome Program.

Applications for this funding must be submitted electronically via the application portal no later than 4:00 P.M. Pacific Standard Time on Tuesday, February 28th. The portal link, and requirements for submitting the Super NOFA application and required supporting documentation, including naming conventions, can be found on the Department’s Homeownership Super NOFA website, https://www.hcd.ca.gov/grants-andfunding/programs-active/homeownership-super-nofa.

The online workshop details and final Guidelines are posted on the Department’s website at Homeownership Super NOFA | California Department of Housing and Community Development. To receive information regarding online workshops and other updates, please subscribe to our Homeownership listserv at https://www.hcd.ca.gov/email-signup. If you have further questions, please contact [email protected].

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
2023 Homeownership Super Notice of Funding
Availability (Super NOFA)
CalHome Program
Joe Serna, Jr. Farmworker Housing Grant Program –
Homeownership
Gavin Newsom, Governor
State of California
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/
Homeownership Super NOFA Email: [email protected]
January 6, 2023
Table of Contents
I. Overview................................................................................................................... 1 a. Notice of Funding Availability.....................................................................................................1 b. Timeline....................................................................................................................................3 c. Authorizing Legislation and Regulations(Regulatory Authority)...................................................3 II. Program Requirements............................................................................................ 4 a. Eligible Sponsor/Applicant.........................................................................................................4 b. Eligible Uses..............................................................................................................................5 c. Program Funding Amounts and Terms........................................................................................8 d. Site Control.............................................................................................................................11 e. Funding Targets, Geographic Distribution of Funds, and Discretionary Funds .............................11 f. Funding Limits.........................................................................................................................14 g. Threshold................................................................................................................................14 h. Rating and Ranking..................................................................................................................16 i. Negative Points and Disencumbrance Policies ..........................................................................18 III. Application Submission and Review Procedures ............................................... 18 a. Application Submission Process...............................................................................................18 b. Application Workshops............................................................................................................19 c. Disclosure of Application .........................................................................................................19 IV. Base Evaluation Criteria........................................................................................ 19 V. Appeals ................................................................................................................... 24 a. Basis of Appeals......................................................................................................................24 b. Appeal Process and Deadlines..................................................................................................25 c. Decision..................................................................................................................................25 VI. Award Announcements and Contracts ................................................................ 25 a. Award Announcements ...........................................................................................................25 b. Contracts................................................................................................................................25 VII. Other State Requirements................................................................................ 26 VIII. Other Terms and Conditions............................................................................ 26 a. Right to Modify or Suspend .....................................................................................................26 b. Conflicts..................................................................................................................................26 Homeownership Super NOFA, Round 1
I. Overview
a. Notice of Funding Availability
The California Department of Housing and Community Development (HCD or Department) is pleased to announce the release of this Homeownership Super Notice of Funding Availability (HOSN or Super NOFA) for approximately $170 million, which may be augmented based on the availability of funds.

The Super NOFA is issued to distribute funds through a combination of HCDadministered homeownership programs. These programs are:
• CalHome Program (CalHome) supports Homeownership programs aimed at lower and very low-income households, and in the case of a disaster, households at or below moderate income, and operated by private nonprofit and local government agencies, to increase homeownership, encourage neighborhood revitalization and sustainable development, and maximize use of existing homes. • Joe Serna, Jr. Farmworker Housing Grant Program (FWHG or Serna) supports development projects involving multiple home ownership units, including single-family subdivisions, for lower-income agricultural employees and their families, and programs that assist lower-income agricultural employees and their families to become or remain homeowners.

This Homeownership Super NOFA announces funding availability for two programs that in the past would have been announced separately. Consistent with the purposes of AB 434, defined below, funding for these two programs is being made available at the same time, and both programs are being administered consistent with CalHome.

The Homeownership Super NOFA distributes funds for the CalHome Program and funds limited to the Homeownership activities of Serna. Please note that new construction or rehabilitation (with or without acquisition) of a rental housing development, including under Serna, is not an eligible activity under this Super NOFA. Multifamily and single-family rental housing projects should submit applications under the Department’s Multifamily Finance Super NOFA.

The information provided in this Super NOFA is intended to be a summary and is not considered a complete representation of the entirety of the eligibility, threshold, and other requirements or terms and conditions of the CalHome Program and Serna Program. Applicants should familiarize themselves with all applicable Statutes and Guidelines which, in the event of any conflict(s) with this Super NOFA, shall control.

This Super NOFA, the CalHome Final Guidelines (2022), and the SernaHomeownership Final Guidelines (2022) implement the requirements of California Department of Housing and Community Development -1-
Homeownership Super NOFA, Round 1
Assembly Bill 434 (AB 434) (Chapter 192, Statutes of 2020). For the Homeownership activities of Serna, AB 434 requires the Department to:
• Make those funds available at the same time it makes funds, if any, available under the CalHome Program,
• Rate and rank applications in a manner consistent with the CalHome Program, except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding under Serna in addition to those used in the CalHome Program, and
• Administer those funds in a manner consistent with the CalHome Program.

The Department is making approximately $170 million available as follows:

Funding Programs
CalHOME Program $135 million
Joe Serna, Jr. Farmworker Housing Grant (Serna) Program $35 million Funding for this Super NOFA is provided by a combination of funding sources as outlined below:
• General Fund (as appropriated in the 2022 Budget Act): Provides $135 million for CalHome and $20 million for Serna.
• Building Homes and Jobs Act (Senate Bill 2): Provides $15 million for Serna.

Approximately $135 million will be available to fund Local Public Agencies, Nonprofit Corporations, and Tribal Entities, for the following activities within the CalHome program:
• Homeownership Development Project Loans (including Predevelopment Costs and carrying costs during construction related to ADUs and JADUs) • Technical Assistance for Self-Help Housing Projects
• First-Time Homebuyer Mortgage Assistance (including the purchase of a home with an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU))
• Owner-Occupied Rehabilitation Assistance (including Rehabilitation of Manufactured Housing not on a permanent foundation, and construction, repair, or Rehabilitation of ADUs or JADUs)
• Technical Assistance for Shared Housing Programs
• ADU/JADU Assistance (including construction, repair, or Rehabilitation of ADUs or JADUs)
Approximately $35 million will be available for the following Homeownership activities within the Serna program to address the housing needs of agricultural workers:

Department of Housing and Community Development -2-
Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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• Homeownership Development Projects involving multiple home ownership units, including single-family subdivisions, for lower-income agricultural employees and their families
• Technical Assistance for Self-Help Housing Projects
• First-Time Homebuyer Mortgage Assistance
• Owner-Occupied Rehabilitation Assistance
• Acquisition of Manufactured Housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing Funding targets are described in Section II.E. of this Super NOFA. b. Timeline
Super NOFA Release January 6, 2023
Application Portal Available on
Website
January 20, 2023
Application Due Date February 28, 2023 4:00 PM
Tribal Application Due Date March 30, 2023 4:00pm
Award Announcement June 2023
c. Authorizing Legislation and Regulations (Regulatory Authority) Applications submitted under this Super NOFA are subject to the applicable Program Guidelines, all applicable statutory requirements, and this Super NOFA.

Section references in this Super NOFA refer to applicable Program Guidelines unless otherwise noted. Capitalized terms in this Super NOFA are either defined herein or in Appendix A of the applicable Guidelines.

The administration of the CalHome and Serna Programs are governed by the applicable Program Guidelines that implement, interpret, or make specific the following laws:
• The CalHome program was established by Chapter 6, commencing with § 50650) of Part 2 of Division 31 of the California Health & Safety Code (HSC). • The Serna program was established by Chapter 3.2 (commencing with § 50515.2) of Part 2 of Division 31 of the HSC. The Serna Guidelines referenced in this Super NOFA apply only to the Homeownership elements of Serna. Rental housing Development activities are governed under a separate set of Program Guidelines available at https://www.hcd.ca.gov/grants-and-funding/supernofa. •
Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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• Chapter 364, (commencing with §50470) of Part 2 of Division 31, HSC, 2017 (SB2).
• Chapter 365, (commencing with §5400) of Part 16 of Division 31, HSC, 2017 (SB 3), which was adopted by voters on November 6, 2018, as Proposition 1, provided funding for the CalHome and Serna Programs and authorized the Department to administer the Programs through the Guidelines. These Guidelines were explicitly exempt from the requirements of the Administrative Procedures Act (Chapter 3.5 (commencing with § 11340) of Part 1 of Division 3 of Title 2 of the California Government Code).

This Super NOFA will be governed by the December 30, 2022 CalHome Program Final Guidelines (2022) and the December 30, 2022 Serna Homeownership Program Final Guidelines (2022). Applications must be completed pursuant to the applicable Guideline requirements.

II. Program Requirements
The following is provided as a summary only. Applicants should refer to the CalHOME and Serna program Guidelines, as applicable, for a comprehensive discussion of the requirements that are relevant to their proposed Projects. A Project is not eligible for an award unless it meets all the threshold requirements of the applicable program. Please review the individual Program Guidelines of each Program for complete information.

Further, Sponsors/Applicants must achieve a minimum point score of 55 points in Base Scoring Criteria to be considered for a funding award.
a. Eligible Sponsor/Applicant
An Applicant is the entity or entities applying to the Department for the Program funding. Such entity or entities may also be the Sponsor. If receiving an Award of funds, the Applicant or co-Applicants will, both individually and collectively, be referred to as the “Recipient” in the Department’s legal documents relative to an Award of a grant, or as “Sponsor” in the Department’s legal documents relative to an Award of a Loan.

A Sponsor shall be any individual, joint venture, partnership, limited liability company, limited partnership (including a limited partnership in which the Sponsor or an affiliate is a general partner), trust, corporation, cooperative, Local Public Entity, Tribal Entity, other legal entity, or any combination thereof which meets the requirements of the following sections of the relevant Program Guidelines:
• CalHome
§200 Eligible Applicants
§400.1 Eligible Applicant (Homeownership Development Project Loan) §401.1 Eligible Applicant (Self-Help Technical Assistance Grant Program) §402.1 Eligible Applicant (Mortgage Assistance Grant Program) Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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8-
Please note, Applicants that were previously awarded CalHome funds must submit all outstanding reports from the past two years to the Department by the application date. Failure to submit the reports by the application date will result in the Applicant being ineligible for a CalHome award under this Super NOFA (CalHome Final Guidelines (2022) §200(c)(1)). Applicants may email:

[email protected] to obtain status on previous reports. §403.1 Eligible Applicant (Owner-Occupied Rehabilitation Grant Program) §404.1 Eligible Applicant (Shared Housing Program)
§405.1 Eligible Applicant (ADU/JADU Program)
• Serna
§200 Eligible Applicant
§400.1 Eligible Applicant (Homeownership Development Project Loan) §401.1 Eligible Applicant (Self-Help Technical Assistance Grant Program) §402.1 Eligible Applicant (Mortgage Assistance Grant Program) §403.1 Eligible Applicant (Owner-Occupied Rehabilitation Grant Program) §404.1 Eligible Applicant (Acquisition of Manufactured Housing Grant Program) Notwithstanding the foregoing, and solely for the purpose of applying to the Community-Based Developer funding target for a Homeownership Development Project Loan and/or a Self-Help Technical Assistance Grant, a Community-Based Developer shall qualify on its own as a Sponsor so long as the Community-Based Developer meets the requirements set forth in the Defined Terms Appendix A of the Multifamily Housing Program Final Guidelines dated March 30, 2022, Amended May 5, 2022, which is incorporated hereto by this reference. b. Eligible Uses
The Department is making CalHome and Serna funds available for the following activities:

1. Homeownership Development Project Loans (Guidelines §400) for conditional awards of development Loans to the Applicants to be used as specified in §400.2 of the Guidelines.

Homeownership Development Projects must have a minimum of five units.

The estimated sales price of the homes to be constructed shall not exceed the current local median sales price of a single-family home. Recipients may use the most recent median sales price, by county, posted at the California Association of Realtors website at https://www.car.org/en/marketdata/data/countysalesactivity.

However, if prices have significantly changed, Recipients may request Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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9-
Department approval to use different limits based on a local calculation of median values.

Note: Proposed projects are ineligible to receive funds if construction work has begun or will begin prior to the date the Department executes the Standard Agreement with the Recipient and all conditions have been satisfied. Construction work includes grading, site preparation (with the exception of demolition or clearing properties), or site improvements intended for public dedication (Guidelines §201).

2. Technical Assistance for Self-Help Housing Projects (Guidelines §401) in which the Applicant organization will be providing the services required in Guidelines §401.3.

Homebuyer Education (Guidelines §401.2(b)) will be reimbursed in the form of a Grant from the Department to the Recipient in an amount not to exceed $250 per assisted unit.

3. First-Time Homebuyer Mortgage Assistance (including the purchase of homes with ADUs or JADUs) (commencing with Guidelines §402) for Loans to Households at or below 80 percent of Area Median Income (AMI).

Homebuyer Education (Guidelines §402.2) will be reimbursed in the form of a Grant from the Department to the Recipient in an amount not to exceed $250 per assisted unit.

Maximum appraised home values at time of purchase or upon completion of acquisition/Rehabilitation work shall not exceed the most recent median sales price, by county, posted at the California Association of Realtors website at https://www.car.org/en/marketdata/data/countysalesactivity. However, if prices have significantly changed, Recipients may request Department approval to use different limits based on a local calculation of median values.

Financial assistance provided to qualified individual homeowners for Mortgage Assistance shall be in the form of deferred payment Loans, repayable upon the sale or transfer of the homes, when the home ceases to be owner-occupied, or upon the Loan maturity date, whichever occurs first (HSC § 50650.3 (c)(1)). The Loan shall be up to a 30-year term with the following exception: when USDA, Rural Housing Service (RHS) 502 Mortgage Loans are in first lien position the term shall be the term of the 502 Mortgage (30-38 years) (Guidelines §301). The interest rate is set by the Recipient at up to 3 percent simple interest per annum (Guidelines §301(d)). Borrowers shall occupy units as their principal place of residence for the term of the Loan (Guidelines §203(d)). If the Borrower will occupy an ADU or JADU, then residents of the single-family residence shall not be considered as part of the Household receiving program funding (Guidelines §203). Recipients shall comply with the Homeowner/Homebuyer Loan-to-Value Limits for Mortgage Assistance program Loans defined in Guidelines §302.

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4. Owner-Occupied Rehabilitation Assistance (including repair, full reconstruction, or the addition of an ADU or JADU) (Guidelines §403) for Loans to Households at or below 80 percent of AMI.

All assisted units shall have After-Rehabilitation Values at or below the current local median sales price of a single-family home. Recipients may use the most recent median sales price, by county, posted at the California Association of Realtors website at https://www.car.org/en/marketdata/data/countysalesactivity.

However, if there is a significant price discrepancy, Recipients may request Department approval to use different limits based on a local calculation of median values.

Manufactured Housing is also eligible, including replacement of a manufactured home not on a permanent foundation in the case where it has been determined by the Recipient it is infeasible to rehabilitate the home, whether located in a Mobilehome Park or elsewhere (Guidelines §403.2).

Financial assistance provided to qualified individual homeowners for OwnerOccupied Rehabilitation shall be in the form of deferred payment Loans, repayable upon the sale or transfer of the homes, when the home ceases to be owner-occupied, or upon the Loan maturity date, whichever occurs first (HSC §50650.3(c)(1)). The Loan shall be up to a 30-year term (Guidelines §301). The interest rate is set by the Recipient up to 3 percent simple interest per annum (Guidelines §301). Borrowers must occupy units as their principal place of residence for the term of the Loan (Guidelines §203). If the Borrower will occupy an ADU or JADU, then residents of the single family residence shall not be considered as part of the Household receiving funding (Guidelines §203).

Recipients shall comply with the Homeowner/Homebuyer loan-to-value limits for Owner-Occupied Rehabilitation program Loans defined in Guidelines §302.

Financial assistance provided to individual Households to rehabilitate, repair, or replace Manufactured Housing located in a Mobilehome Park and not permanently affixed to a foundation shall be in the form of a secured forgivable Loan, which shall also be made in a manner consistent with the Guidelines and applicable Statutes (HSC §50650.3(c) and Guidelines §403.2). The Loan shall be due and payable in 20 years, with 10 percent of the original principal to be forgiven annually for each additional year beyond the 10th year that the home is owned and continuously occupied by the Borrower (HSC §50650.3 (c)). Pursuant to HSC §50650.3(c), not more than 10 percent of the funds available in a given fiscal year shall be used for financial assistance in the form of secured forgivable Loans.

5. The Department is also making CalHome funds available for the following additional activities:
• Technical Assistance for Shared Housing Programs (Guidelines §404) to operators of Shared Housing Programs that will directly provide match Department of Housing and Community Development
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services where the providers are homeowners who occupy their homes as their principal place of residence.
• ADU/JADU Programs (Guidelines §405) for Loans for ADU/JADU construction, reconstruction, repair, or Rehabilitation to Households at or below 80 percent of AMI (in compliance with HSC §50052.5(b)).

Funds in support of an ADU/JADU Program shall be used for:
• Construction, reconstruction, repair, conversion, or Rehabilitation • Structural modifications to the existing home necessary to accommodate an ADU or a JADU
• Building permits and other related government fees, including all fees necessary to build and occupy the ADU/JADU
• Consulting services which are directly related to construction, such as appraisal, architectural, or engineering services
• Non-recurring Loan costs
• CalHome Activity Delivery Fees

6. The Department is also making Serna funds available for the following activity, as set forth in Guidelines §404:

A. Acquisition Of Manufactured Housing as part of a local Program to address and remedy the impacts of current and potential displacement of low-income farmworker families from existing labor camps, Mobilehome Parks, or other housing.

All manufactured homes acquired through the Program must be owner occupied by a low-income Agricultural Worker Household (Guidelines§ 404.4(a)).

Financial assistance provided to individual Households for Manufactured Housing located in a Mobilehome Park and not permanently affixed to a foundation shall be in the form of a secured forgivable Loan. The Loan shall be due and payable in 20 years, with 10 percent of the original principal to be forgiven annually for each additional year beyond the 10th year that the home is owned and continuously occupied by the Borrower.
c. Program Funding Amounts and Terms

1. Minimum and Maximum Application Amounts.

The minimum application amount for any single project or program (except if the project or program is Technical Assistance for Self-Help Housing Projects or CalHome Technical Assistance for Shared Housing Programs) is $500,000.

The minimum application amount for any single project or program (if the project/program is Technical Assistance for Self-Help Housing Projects or Homeownership Super NOFA, Round 1
CalHome Technical Assistance for Shared Housing Programs) is $100,000. If applying for more than one activity, the minimum application amount for those activities is $600,000.

The maximum application amount for a project (a Homeownership Development Project Loan with or without Technical Assistance for Self-Help Housing Projects) is $10 million.

The maximum application amount for one or more programs is $5 million. If applying only for Technical Assistance for Self-Help Housing Projects, the maximum application amount is $500,000. If applying only for CalHome Technical Assistance for Shared Housing Programs, the maximum application amount is $300,000.

2. Minimum and maximum per-unit funding limits
A. CalHome and Serna Grant Activities
For the purposes of this Super NOFA, the minimum and maximum amount of funding to individual Borrowers will be:
i. Mortgage Assistance, including for Mortgage Assistance provided as a part of a Homeownership Development Project Loan
The maximum Loan amount by an award recipient to an eligible Borrower will be 40 percent of the Borrower’s purchase price for the property, up to a maximum of $200,000. The minimum Loan to a Borrower will be not less than $1,000.
ii. Owner-Occupied Rehabilitation Assistance
The maximum Loan amount by an award recipient to an eligible Borrower will be $200,000 unless the home is in need of reconstruction. If the home is in need of reconstruction, the maximum Loan amount will be $250,000.

The maximum Loan amount for addition or full reconstruction of an ADU will be $250,000. The maximum Loan amount for replacement of a manufactured home not on a permanent foundation in the case where it has been determined by the Recipient it is infeasible to rehabilitate the home will be $150,000. The minimum Loan to a Borrower will be not less than $1,000.
iii. CalHome ADU/JADU Assistance
The maximum Loan amount by an award recipient to an eligible Borrower for ADU/JADU construction will be $250,000. The minimum Loan to a Borrower will be not less than $1,000.
iv. Serna Acquisition of Manufactured Housing
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The maximum Loan or Grant amount by an award recipient to an eligible Agricultural Worker Household will be 100 percent of the purchase price for the manufactured home, up to a maximum of $150,000. The minimum Loan or Grant will be not less than $1,000.

B. CalHome and Serna Loan Activities
i. Homeownership Project Development
The maximum per-unit Loan amount for Homeownership Development Project Loans will be $250,000.

If an Applicant is applying to fund a Homeownership Development Project with a Self-Help Housing Project, the Applicant may additionally apply for Technical Assistance of $20,000 per-unit on top of the application amount requested for a Homeownership Development Project.

C. Funding limits for Technical Assistance
The minimum Technical Assistance Grant to a Recipient will be not less than $1,000. For the purposes of this Super NOFA, the maximum Grant per-unit will be:
• CalHome and Serna Technical Assistance for Self-Help Housing Projects
The maximum per-unit Grant amount will be $20,000. All expenses shall be documented.
• CalHome Technical Assistance for Shared Housing Programs The maximum activity amount for Shared Housing Programs is established in § (C)(1) of this NOFA.

D. Activity Delivery Fees (ADFs)
For CalHome and Serna Mortgage Assistance Programs, the Department may provide funding to cover ADFs of up to 10 percent of the total award. Up to 5 percent of the total award may be provided within 90 days after the execution of the Standard Agreement for program development and program management expenses incurred after the execution of the Standard Agreement, and up to 5 percent of the total award may be reimbursed on a per-Loan basis. The per-Loan reimbursement maximum will be 5 percent of the total award divided by the estimated number of Loans to be made under the contract.

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For CalHome and Serna Owner-Occupied Rehabilitation Programs, Serna Acquisition of Manufactured Housing Grant Programs, and CalHome ADU/JADU Programs, the Department may provide funding to cover ADFs of up to 20 percent of the total award. Up to 10 percent of the total award may be provided within 90 days after the execution of the Standard Agreement for program development and program management expenses incurred after the execution of the Standard Agreement, and up to 10 percent of the total award may be reimbursed on a per-Loan basis. The per-Loan reimbursement maximum will be 10 percent of the total award divided by the estimated number of Loans to be made under the contract.

Applicants need to provide documentation verifying their Activity Delivery expenses. This requirement may be satisfied through documents such as invoices, receipts, time tracking, or other documentation of valid program expenses.
d. Site Control
For Homeownership Development Project Loans, Recipients shall comply with the Site Control requirements listed in 400.3.
e. Funding Targets, Geographic Distribution of Funds, and Discretionary Funds

1. To the extent there are eligible applications, the Department shall target $30 million of the available $135 million in CalHome funds as awards for Mobilehome assistance in a Mobilehome or manufactured home community. To the extent there is insufficient demand of eligible applications to make $30 million in awards, any remaining funds will be applied to the general pool of applicants.

2. To the extent there are eligible applications, the Department shall target 10 percent of Super NOFA funds (i.e., $17 million), to Tribal Entities. This shall include 10 percent of the total CalHome funds available under the Super NOFA (i.e., $13.5 million) and 10 percent of the total Serna funds available under the Super NOFA (i.e., $3.5 million).

3. To the extent that there are eligible applications, the Department shall target 15 percent of Super NOFA funds (i.e., $25.5 million) to Community-Based Developers applying for a Homeownership Project Development Loan and/or a Self-Help Technical Assistance Grant. This shall include 15 percent of the total CalHome funds available under the Super NOFA (i.e., $20.25 million) and 15 percent of the total Serna funds available under the Super NOFA (i.e., $5.25 million). If Serna funds are awarded to a Homeownership Project Development Loan for a Community Based Developer in excess of the $5.25 million available under this target, any funds over $5.25 million will come from the general Serna pot and not count against the CalHOME Community Based Developer target.

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Community-Based Developers may only compete in the funding target for this Super NOFA if they meet BOTH of the following: 1) maintain their corporate headquarters within 10 miles of the proposed project site or have three (3) deedrestricted affordable housing projects within 10 miles of the proposed project site; AND 2) directly provide at least two community benefit programs accessible to the general public within 10 miles of the proposed project as detailed below:

Community benefit programs may include, but are not limited to, the following:
• Free or reduced-cost childcare, after-school care, youth development, or adult day care programs.
• Community center facilities that are staffed and open to the public at least once a week or a minimum of 7 hours each week.
• Medical clinic with a physician, physician’s assistant, or nurse practitioner onsite for a minimum of 40 hours each week.
• Small business technical assistance, lending, or investment to at least ten neighborhood businesses within five miles of the proposed Project. • Job training, digital literacy training, college outreach (linking potential students to college resources and information), financial counseling, housing counseling, free tax return, or other economic empowerment programs.
• Food distribution programs.

All community benefit programs must be provided directly by the CommunityBased Developer applicant. Such programs must be open and accessible to the general public, as described in the application. The applicant must demonstrate that the services are generally accessible during core hours/times. For example, an applicant could demonstrate that food distribution services are available based on a set schedule of days and hours. Please note that some services may greater hours, e.g., medical clinic, or job training services, to be responsive to community needs.

For Applicants applying as Community-Based Developers, the entity must demonstrate in their application that they have community knowledge, commitment to long-term community investment, and population-specific cultural competency, through a combination of the following:
• Receipt of grant funds for services within the relevant neighborhood or community.
• Cultural and linguistic competency on staff relevant to community members (must be utilized daily in the provision of services and community benefit programs).

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• A record of hiring from the community (within a ten-mile range of the Community-Based Developer’s central office).
• Membership in or recruitment from a local Urban League (or substantially equivalent) organization.

The sufficiency of the foregoing demonstration shall be evaluated in the reasonable discretion of the Department. The entity shall be allowed to define their served community within reason, for example by specifying a neighborhood geography of a specific number of square miles within the location of their central office, which area should include the proposed project.

Capability points (maximum 40 points) will not be considered in the ranking of the Community-Based Developer funding target; however, the capability point category will be applicable if an application is unsuccessful in the CommunityBased Developer funding target and is then ranked with the remaining unfunded applications.

4. The Super NOFA shall have geographic targets of up to 46 percent of available funds for Southern California, up to 24 percent for Northern California, and up to 20 percent for rural jurisdictions. Ten percent shall not be subject to a specific geographic distribution. In its sole discretion, HCD may determine the geographic distribution targets have been met based either on individual Program funding components or on the amount of total funds awarded under this NOFA.

For the purpose of geographic distribution:

1. Targets are based on the percent of Low-Income renters in California, based on the HUD-released data from American Community Survey (ACS) for the 2015-2019 period.

2. "Rural" is defined to be consistent with the definition used by the TCAC for the tax credit program. A list of Rural areas, as well as the methodology to determine Rural or non-rural status, can be found on TCAC’s website or by clicking this link: https://www.treasurer.ca.gov/ctcac/2022/rural-status.pdf.

Northern Non-rural areas of the following counties: Alameda, Butte, Contra Costa, El Dorado, Fresno, Kings, Madera, Marin,
Merced, Monterey, Napa, Placer, Sacramento, San
Benito, San Francisco, San Joaquin, San Mateo, Santa
Clara, Santa Cruz, Shasta, Solano, Sonoma, Stanislaus,
Sutter, Tulare, Yolo, Yuba
Southern Non-rural areas of the following counties: Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San
Diego, San Luis Obispo, Santa Barbara, Ventura
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Rural Rural areas as defined by statute, including but not limited to the following 100 percent rural counties: Alpine,
Amador, Calaveras, Colusa, Del Norte, Glenn, Humboldt,
Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono,
Nevada, Plumas, Sierra, Siskiyou, Tehama, Trinity,
Tuolumne
f. Funding Limits
Use of both CalHome and Serna funds on the same Project or Program is permitted, subject to the following limitations:

1. Any given Assisted Unit must only be funded from one Program, CalHome or Serna.

2. Any given Assisted Unit must be assisted by funds from only one Project or Program (for example, repair of an ADU the unit can be assisted with funds from a CalHome Owner Occupied Rehabilitation program or a CalHome ADU/JADU program, but not both).

3. Each Applicant is limited to no more than $10,000,000 in total Super NOFA Homeownership Development Project Loans. Note: If the Applicant is a coApplicant or part of a Joint Venture partnership, Limited Liability Company, or Limited Partnership with a Tribal Entity on one or more applications, those applications will not count against the $10,000,000 per-Applicant limit.

4. Each Applicant is limited to no more than $5,000,000 in total Super NOFA program grants.

5. Each Applicant is limited to no more than $10,000,000 in total Super NOFA funds (including applications for Homeownership Development Project Loans and applications for program grants).

6. The per-Applicant Super NOFA award cap is not applicable beyond an individual Super NOFA competition – it is not a cumulative per-Applicant cap across other Department NOFA funding opportunities.

7. The Department will not award funding from CalHome or Serna to a Unit that previously received funding from the same program funding source. For example, the Department will not provide CalHome funding under this Super NOFA to Units that were awarded CalHome funding in a prior CalHome funding round. g. Threshold
A Project is not eligible for an award unless it meets all the threshold requirements of the relevant Program (CalHome or Serna). Please review the individual Program Guidelines for each Program for complete information. Below is a summary of some of the key threshold requirements and is not to be considered a complete representation of the entirety of the threshold, or other requirements, terms, and conditions for CalHome and Serna.

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Further, Sponsors/Applicants must achieve a minimum point score of 55 points in the Base Evaluation Criteria in Section IV of this Super NOFA to be considered for a funding award.

1. CalHOME and Serna Guidelines Section §208 Threshold Requirements The following are highlights of CalHOME and Serna threshold requirements:

A. A Locality shall only be eligible to apply for an award of program funds for a Local Program or project located within its jurisdictional boundaries. A Locality may hire nonprofit and for-profit consultants located and/or registered within or outside its jurisdictional boundaries, including other counties within the state.

Out-of-county consultants are obliged to fulfill the same experience requirements as the in-county entities. Localities may establish a consortium (provided there is a Memorandum of Understanding between the parties) with a single administrator. One Locality shall apply on behalf of other entities in a consortium and may serve all jurisdictions.

B. A Nonprofit Corporation shall only be eligible to apply for an award of program funds for a program or project if it has developed a project or operated a housing program in California within the past two years or if the Nonprofit Corporation has an existing 523 Self-Help Technical Assistance Grant Agreement with United States Department of Agriculture (USDA).

2. Serna Guidelines §208: Threshold Requirements
All Serna threshold requirements shall be satisfied. The following are highlights of Serna threshold requirements:

A. All Units assisted with program funds must serve Lower-Income Agricultural Households.

3. CalHome and Serna requirements are subject to AB 1010 (Chapter 660, Statutes of 2019), which is set forth in HSC §50406(p). Accordingly, and pursuant to HSC §50406(p): (1) where the provisions of tribal law, tribal governance, tribal charter, or difference in Tribal Entity or legal structure would cause a violation or not satisfy the requirements of the CalHome or Serna Guidelines, said requirements may be modified as necessary to ensure Program compatibility; and (2) where provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity legal structure or agency create minor inconsistencies (as determined by the Director of the Department or a duly authorized designee thereof) with the requirements set forth in the Guidelines the Department may waive said requirements, as deemed necessary, to avoid an unnecessary administrative burden. Matters set forth or otherwise provided for in the Guidelines that may be modified or waived include, without limitation, threshold scoring requirements and any other matters set forth in HSC §50406(p)(2). Tribal Applicants are accordingly encouraged to discuss any such potential modifications or waivers and their Department of Housing and Community Development
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options in that regard during any pre-application technical assistance communications or meetings.
h. Rating and Ranking
All applications will be evaluated on the Base Evaluation Criteria included in Section IV of this Super NOFA. Applications for Serna funding will also be scored on the Additional Serna Criteria included in Section IV.

CalHome and Serna applications will be ranked separately since the additional evaluation criteria used for Serna applications means those applications have a higher possible maximum score.

All applications meeting the threshold requirements of the applicable Program and achieving a minimum point score of 55 points in Base Evaluation Criteria will be considered for funding pursuant to the process described below.

Funding targets will be applied in the following order: 1) Tribal Entities, 2) Community-Based Developers, 3) Mobilehome assistance in a Mobilehome or manufactured home community and finally 4) geographic. All applications awarded under the Tribal or Mobilehome assistance in a Mobilehome or manufactured home community will also count towards meeting the applicable regional targets. If a concentration of awards in any geographic area would make it impossible for the Department to meet the geographic funding targets established in this Super NOFA, the Department may skip to lower-scoring applications in other geographic areas.

Applications that include some activities that are eligible for a funding target and some that are not eligible for a funding target, or include activities in multiple geographic regions, will be separated out into multiple applications for the purposes of rating and ranking. For example, if an Applicant applies for $1 million for OwnerOccupied Rehabilitation funds targeted to Mobilehome assistance in a Mobilehome or manufactured home community and $2 million for Owner-Occupied Rehabilitation funds not targeted to Mobilehome assistance in a Mobilehome or manufactured home community, the $1 million request will be scored separately from the $2 million request and only the $1 million request will be considered in the Mobilehome assistance in a Mobilehome or manufactured home community funding target.

Similarly, if an Applicant applies for $500,000 in Mortgage Assistance program funds to be used in rural areas and $2.5 million in Mortgage Assistance program funds to be used in non-rural areas in Southern California, the $500,000 request will be scored separately from the $2.5 million request. As such, it is possible that only the part of a given application that is eligible as part of a funding target or is in an undersubscribed geographic area will be awarded funds if the remainder of the application does not score high enough in the general ranking.

Funding targets will only be awarded to the extent that eligible applications (those meeting all threshold requirements including minimum point score) exist. If the Department receives fewer eligible applications than funding available, any Department of Housing and Community Development
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unawarded funds within the funding targets may be used to fund remaining eligible applications based on ranked score.

1. CalHome funding targets for Tribal Entities, Community-Based Developers, and Mobilehome assistance in a Mobilehome or manufactured home community:

Beginning with the top-ranked CalHome applications (according to the Base Evaluation Criteria including tiebreakers as applicable) eligible for the funding target, the highest scoring applications will be “fully funded” (provided all applicable threshold, minimum point score, and other eligibility criteria are met). “Fully funded” means these applications will receive an award of all requested Program funds, subject to applicable limits. Applicable limits that could result in Department awards below requested levels include but are not limited to:
maximum allowable funding limits (per unit, per project and per applicant) and available funding in the 2023 Homeownership Super NOFA. Applicants that are eligible can compete in multiple funding targets, if unsuccessful in one due to oversubscription. CalHome applications funded through the Tribal, CommunityBased Developer and Mobilehome assistance in a Mobilehome or manufactured home community funding target are accounted for in the geographic percentage targets.

2. Serna funding target for Tribal Entities and Community-Based Developers:

Beginning with the top-ranked Serna applications (according to the Base Evaluation Criteria including tiebreakers as applicable) eligible for the Tribal Entities funding target, the highest scoring applications will be “fully funded” (provided all applicable threshold, minimum point score, and other eligibility criteria are met). “Fully funded” means these applications will receive an award of all requested Program funds, subject to applicable limits. Applicable limits that could result in Department awards below requested levels include but are not limited to: maximum allowable funding limits (per unit, per project and per applicant) and available funding in the 2023 Homeownership Super NOFA. Serna applications funded through the Tribal or Community-Based Developer funding target are accounted for in the geographic percentage targets.

3. Once all funding targets are met to the extent possible, the highest-ranking remaining Serna applications will be fully funded until Serna funds are exhausted.

However, if a concentration of Serna awards in any geographic area would make it impossible for the Department to meet the geographic funding targets established in this Super NOFA, the Department may skip to lower-scoring Serna applications in other geographic areas.

4. If the last-ranked Serna application requests more Serna funds than remain, that Project will, conditioned upon the availability of additional funding, receive an augmentation of Serna funds and be fully funded.

5. Finally, the highest-ranking CalHome applications will be fully funded until CalHome funds are exhausted. However, if a concentration of CalHome awards in any geographic area would make it impossible for the Department to meet the Department of Housing and Community Development
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geographic funding targets established in this Super NOFA, the Department may skip to lower-scoring CalHome applications in other geographic areas.

6. If the last-ranked CalHome application requests more CalHome funds than remain, that Project will, conditioned upon the availability of additional funding, receive an augmentation of CalHome funds and be fully funded. i. Negative Points and Disencumbrance Policies
The Department’s Negative Points Policy (Administrative Notice Number 2022- 01),(https://www.hcd.ca.gov/sites/default/files/2022-04/Negative-Points-Policy-FINAL33022_ADA.pdf) dated March 30, 2022 and published on the Department’s website, is hereby incorporated by this reference to this Super NOFA as if set forth in full herein, and shall apply with equal force as all other provisions set forth herein. If the Applicant is subject to a negative points assessment based on the criteria outlined in the Department’s Negative Points Policy or is determined to be ineligible for funding, the Department shall notify the Applicant in writing in the initial point score letter.

Funds awarded under this Super NOFA may be disencumbered by the Department as set forth in §603 of the Guidelines.

III. Application Submission and Review Procedures
a. Application Submission Process
Application materials must be submitted electronically via the application portal. The portal link, and requirements for submitting the Super NOFA application and required supporting documentation, including naming conventions, can be found on the Department’s Homeownership Super NOFA website, https://www.hcd.ca.gov/grantsand-funding/programs-active/homeownership-super-nofa. The application instructions and submittal portal will be available beginning January 20, 2023.

Applicants must upload and submit all application materials to the application portal no later than 4:00 p.m. Pacific Time on February 28, 2023. Tribal applicants must upload and submit all application materials to the application portal no later than 4:00 p.m. Pacific Time on March 30, 2023. Applications that do not meet the filing deadline will not be eligible for funding.

Applications must be on HCD’s forms and cannot be altered or modified by the Applicant. It is the Applicant’s responsibility to ensure the application is clear, complete, and accurate. Excel forms must be submitted in Excel format, not a PDF document.

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b. Application Workshops
The Department will conduct two recorded webinar application workshops for the Homeownership Super NOFA. Please go to the Homeownership Super NOFA website (https://www.hcd.ca.gov/grants-and-funding/programsactive/homeownership-super-nofa) for the dates and locations and to register. c. Disclosure of Application
Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968). As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions applicants to use discretion in providing information not specifically requested, including but not limited to, bank account numbers, personal phone numbers and home addresses. By providing this information to the Department, the applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

IV. Base Evaluation Criteria
a. Each CalHome and Serna application considered for funding shall be rated using the following criteria and maximum possible rating points:

Criteria Defined Maximum
Points
Capability to operate the proposed program, administer
and conduct the Self-Help Technical Assistance
Project, or develop the type of Homeownership Project
proposed in the application:

Number of units or projects assisted within the last four years:
• For Mortgage Assistance, Owner-Occupied
Rehabilitation, CalHome ADU/JADU, and Serna
Acquisition of Manufactured Housing Programs:
▪ 2 – 5 units ~ 20 points
▪ 6 – 10 units ~ 30 points
▪ 11 or more units ~ 40 points
• For Technical Assistance for Self-Help Housing
Projects:
▪ 2 – 10 units ~ 20 points
▪ 11 – 20 units ~ 30 points
▪ 21 or more units ~ 40 points
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• For CalHome Technical Assistance for Shared Housing
Programs:
▪ 2 units ~ 20 points
▪ 3 – 4 units ~ 30 points
▪ 5 or more units ~ 40 points
• For Homeownership Development Project Loans:
▪ 2 projects ~ 20 points
▪ 3 – 4 projects ~ 30 points
▪ 5 or more projects ~ 40 points
Community Need in a geographic area for the proposed
Local Program or project will be based on the following factors:

For Mortgage Assistance Programs, Technical Assistance
for Self-Help Housing Projects, CalHome Technical
Assistance for Shared Housing Programs, CalHome
ADU/JADU Programs, Serna Acquisition of Manufactured
Housing Programs, and Homeownership Development
Project Loans:
• Housing affordability in the geographic area: The ratio of the current median sales price of a single-family home
to the AMI for a 4-person Household in the county in
which the program or project is located. The current
median sales price is the most recent available from the California Association of Realtors as of the NOFA date, and the AMI is updated on an annual basis by the
Department;
• Percent of renter Households that are low income: The percent of Households in renter-occupied housing with
incomes below 80 percent of AMI, as reported in the
most recent HUD Comprehensive Housing Affordability
Strategy U.S. Census Bureau American Community
Survey (HUD CHAS) data;
• Percent of renter Households occupying overcrowded
housing: The percent of renter-occupied housing units
with more than 1.5 occupants per room, as reported in
the most recent HUD CHAS data; and
• Rental vacancy rate: The percent of rental housing units that are currently vacant, as reported in the most recent HUD CHAS data.

For Owner-Occupied Rehabilitation Programs:
• Percent of homeowner Households that are in poverty:

The percent of families in owner-occupied housing with
incomes below the federal poverty line, as reported in
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the most recent American Community Survey (ACS)
data; and
• Percent of homeowner Households that are low income:

The percent of Households in owner-occupied housing
with incomes below 80 percent of AMI, as reported in
the most recent HUD CHAS data.

Feasibility in a geographic area for the proposed Local Program or project will be based on the following
factors:

For Mortgage Assistance Programs:
• Affordability of Homeownership relative to renting: The ratio of median Monthly Housing Costs for owneroccupied housing units with a Mortgage, to median Monthly Housing Costs for renter-occupied housing
units, as reported in the most recent ACS data;
• Availability of homes for sale relative to the proposed lending activity: The ratio of the following:
o The number of home sales in the previous year
priced below the current median sales price of a
single-family home in the county in which the
program is located;
o The number of Loans that the Applicant expects to
provide in the program;
o The Applicant will provide home sales information
based on publicly available real estate transactions
data (e.g., Zillow.com, Redfin.com).

For Owner-Occupied Rehabilitation Programs and
CalHome ADU/JADU Programs:
• Age of the housing stock: The percent of owneroccupied housing units over 30 years old, as reported in the most recent ACS data; and
• Percent of homeowner Households occupying
overcrowded housing: The percent of owner-occupied
housing units with more than 1.5 occupants per room,
as reported in the most recent HUD CHAS data.

For CalHome Technical Assistance for Shared Housing
Programs:
• Incidence of severe cost burden for low-income renters:

The percent of Households in renter-occupied housing
units spending 50 percent or more of income on
20 Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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housing expenses, as reported in the most recent HUD
CHAS data; and
• Rental vacancy rate: The percent of rental housing units that are currently vacant, as reported in the most recent HUD CHAS data.

For Serna Acquisition of Manufactured Housing Programs:
• All applications for this activity will receive 10 points for feasibility because the likelihood that they will acquire manufactured homes is absolute.
• Applicants who can demonstrate that they have site
control over land zoned appropriately on which to place all of the acquired manufactured homes for which they
are applying for funding will receive the full 20 points.

For Technical Assistance for Self-Help Housing Programs and Homeownership Development Project Loans or a
Mortgage Assistance Program for housing newly
constructed by the Applicant using funds other than
CalHome or Serna funds or for housing newly acquired and substantially rehabilitated by the Applicant using funds other than CalHome or Serna funds for sale to first-time homebuyers:
• These programs and projects receive full points for
feasibility. Since these programs and projects create
new affordable housing units, the likelihood that they will successfully and feasibly provide affordable homes to
low-income households is absolute.

Contributes to Community Revitalization as defined in
Appendix A of the Guidelines, or all units to be
assisted with program funds are, or will be, located
within a High-Resource or Highest-Resource area, as
identified on the TCAC/Department Opportunity Area
Map.
10 Volunteer Labor, Self-Help Labor, or Youth
Construction Skills Training Program
Applicants applying for Homeownership Development
Project Loans or Self-Help Technical Assistance
Homeownership Projects, or a Mortgage Assistance
Program for housing newly constructed by the Applicant
using funds other than CalHome or Serna funds or for
5 Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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housing newly acquired and substantially rehabilitated by the Applicant using funds other than CalHome or Serna
funds for sale to first-time homebuyers will receive up to 5 points to the extent that:
• The Applicant utilizes Volunteer Labor or Self-Help
Construction labor, where a minimum of five hundred
(500) hours of on-site construction labor per assisted
unit is provided; or
• The Applicant utilizes labor provided by youth
participating in a construction skills training program, where a minimum of five hundred (500) hours of on-site
construction labor per assisted unit is provided. The five hundred (500) hours of construction training labor shall be provided by the 16- to 24-year-old program
participants;
Increases Affordable Housing Supply
Applicants applying for Homeownership Development
Project Loans, a Mortgage Assistance Program for housing newly constructed by the Applicant using funds other than CalHome or Serna funds or for housing newly acquired and substantially rehabilitated by the Applicant using funds other than CalHome or Serna funds for sale to first-time homebuyers, Self-Help Technical Assistance
Homeownership Projects, CalHome ADU/JADU Programs,
and Serna Acquisition of Manufactured Housing Programs
will receive 3 points for supporting the state policy goal of increasing the supply of affordable housing.

An additional two points will be awarded to applications receiving 3 points as outlined above where the applicant can demonstrate the new development will be located on
an infill site as defined in Health and Safety Code Section 53599(d)(3)(B).
5 Prohousing Designation
5 points will be awarded to Applicants that are jurisdictions that have received a prohousing designation.
5 MAXIMUM TOTAL POINTS 100
Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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b. Applications for Serna funding will also be evaluated on the following additional factors:

Serna Program Criteria Defined Maximum
Points
Farmworker Need based on the number of Office of
Migrant Services (OMS) Migrant Family Housing Centers in the geographic area for the proposed Local Program or
project, as identified in the Department’s OMS Program
Directory:
▪ 1 OMS Center ~ 10 points
▪ 2 OMS Centers ~ 20 points
▪ 3 or more OMS Centers ~ 30 points
30 c. Tiebreaker
In the event of tied point scores, the following tiebreakers shall be used to determine the ranking, in the order listed:

1. The Community Need point score

2. The Capacity point score

3. The Feasibility point score

4. The total number units to be assisted
V. Appeals
a. Basis of Appeals

1. Upon receipt of the Department’s notice that an application has been determined to be incomplete, ineligible, fail threshold review, or have a reduction to the initial point score, Applicants under this Super NOFA may appeal such decision(s) to the Branch Chief or their designee pursuant to this section.

2. No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s application (e.g., eligibility, award).

Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and this Super NOFA. All decisions rendered shall be made by the Director or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of HCD.

3. The appeal process provided herein applies solely to decision of the Department made pursuant to this Super NOFA. For greater specificity, applicants may refer to the appeal procedure set forth in section “V. Appeals” in the Multifamily Finance Super Notice of Funding Availability dated March 30, 2022, Amended June 10, 2022, which is incorporated hereto by this reference, and which the Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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Department shall, to the extent not contrary to this NOFA and feasible, substantially follow.
b. Appeal Process and Deadlines

1. Process: To file an appeal, Applicants must submit to the Director of the Department or their designee, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to the Department, no further information of materials will be accepted or considered thereafter. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in Department review letters.

2. Filing Deadline: Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review, or initial score letters, representing the Department’s decision made in response to the application.
c. Decision
Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be made by the Director or their designee. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department.

VI. Award Announcements and Contracts
a. Award Announcements
The Department will announce program awards on the Homeownership Super NOFA website Homeownership Super NOFA | California Department of Housing and Community Development.
b. Contracts
Recipient(s) will enter into a Standard Agreement with the Department. The Standard Agreement will contain relevant state contracting and program requirements, specific information about the award, the work to be performed, a project/program timeline, and any special conditions required to make the project feasible (Guidelines §600).

The Recipient(s) shall remain a party to the Standard Agreement for the agreement’s entire term. The Standard Agreement allows a maximum of 36-months from the date the Standard Agreement is fully executed by all parties to expend Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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funds, except for Homeownership Project Developments which are allowed a maximum of 60 months (Guidelines §603).

The Department may exercise its reasonable discretion to disencumber funds or to grant an extension of time for completion (Guidelines §603). Any extensions are subject to any and all applicable encumbrances, deadlines, and limitations, including, but not limited to, HSC §54006(g). Documentation to support the Recipient’s expenditure of funds shall be received prior to the contract expiration date. The Standard Agreement expires at the end of 42 months from the date the Standard Agreement is fully executed by all parties (or 66 months for Homeownership Project Developments), unless extended. Recipients remain subject to the terms of the 20-year Monitoring Agreement (Guidelines §600).

VII. Other State Requirements
The Recipient agrees to comply with all applicable state and federal laws, rules, Guidelines, and regulations that pertain to health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the program or project, the Recipient, its contractors or subcontractors, and any Loan or grant activity, including without limitation the following:
• Guidelines §204 Local Program/Project Administration
• Guidelines §400.7 Homeownership Development Project Requirements Where the proposed program or project type presents a fair housing issue (e.g. Serna housing), the Department reserves discretion to require a fair housing legal opinion.

VIII. Other Terms and Conditions
a. Right to Modify or Suspend
The Department reserves the right, at is sole discretion, to suspend, amend, or modify the provisions of this Super NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties via the Department’s Homeownership email list and will post the revisions to the Homeownership Super NOFA website https://www.hcd.ca.gov/grants-and-funding/programs-active/homeownership-supernofa. Please be sure and subscribe to the Homeownership email list at https://www.hcd.ca.gov/email-signup.
b. Conflicts
It is the duty and responsibility of the Applicant and Sponsor to review any funding source they obtain for a Project to ensure each of the requirements for those funding sources are compatible with Department program requirements.

In the event of any conflict between the terms of this Super NOFA and the Guidelines, state, federal law regulation(s), or any number of them (collectively, Department of Housing and Community Development
Homeownership Super NOFA, Round 1
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“Controlling Law”), the Controlling Law shall prevail., Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and Guidelines pertaining to the relevant Program, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this Super NOFA.

Staff Report
Meeting: City Council
Date: February 21, 2023
Department: Human Resources
Submitted by: Janice Avila, Human Resources Director
Agenda Title: Recruitment, Selection, and Appointment Process

RECOMMENDED ACTION
Receive a presentation on the City’s recruitment, selection, and appointment process.

SUMMARY
The City has a recruitment, selection and appointment policy that establishes the procedure, process and method for requisition, recruitment and certification to fill vacant allocated positions. All recruitments for these positions are conducted by Human Resources Department (HRD). The following staff report summarizes the multi-step process utilized to fill vacant positions.

APPLICATION SCREENING AND EXAMINATION PROCESS: At the close of the recruitment, HRD screens each submitted application to determine if it meets the minimum requirements as stated in the recruitment announcement. The most qualified applicants in terms of knowledge, skills and abilities, are invited to participate in the next step, which is usually an established examination process. All examinations are conducted in a valid and impartial manner, free from personal, political and non-merit considerations; and are consistent with applicable law.

The type of examination is determined by HRD, in conjunction with the requesting department.

The content of all examinations are job-related and designed to test knowledge, skills and abilities that help predict successful completion of job duties. An examination may consist of any combination of job-related processes including but not limited to performance tests, written Item #: 8.1
General Business
tests, structured interviews, working style assessments, practical exercises, physical fitness, and/or application rating.

ELIGIBLE LIST AND CERTIFICATION: An eligible list is created after the completion of the testing process. The period of eligibility is six months. At the request of the department head, an eligible list may be extended by up to as many as 24 months. Certification is the process established where HRD refers eligible applicants to the appointing authority for interview and selection. For each vacancy, the top five names are certified off the eligible list.

City department hiring authorities make all appointments within their department. The City Manager makes Department Head appointments and the City Council makes appointments for City Manager and City Attorney.

PROBATIONARY PERIOD AND EMPLOYEE ORIENTATION: The probationary period is considered the final portion of the recruitment and examination process and is used to determine whether work performance or work-related behavior meets the required standards of the position. New employees participate in a new employee orientation designed to facilitate the probationary employee’s adjustment to City employment and includes information the employee needs in order to be acquainted with the City organization, information regarding pay and benefits, a review of the rules, regulations and policies that must be adhered to by all employees and the completion of an oath of allegiance.

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

LEGAL REVIEW
Legal review was not required for this item.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Staff Report
Meeting: City Council
Date: February 21, 2023
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Women’s Clubhouse Repairs and Relocation

RECOMMENDED ACTION
Discuss and provide staff direction on repairs to and relocation of the Women’s Clubhouse.

SUMMARY
The Women’s Clubhouse is one of the oldest buildings in Tulare, built by Southern Pacific, dating back to the late 1880s, around the time the City was incorporated. The building is located at 88 West Tulare Ave, immediately west of the railroad, and has not been used in approximately eight years. To prolong the building’s life, some repairs are needed, such as new roof, foundation work and reseal the building (windows/vents). If Council chooses to consider repairing the building, staff will seek quotes from contractors for the necessary work, following the City of Tulare purchasing policy.

The Women’s Clubhouse is located Union Pacific Railroad property which is leased by the City. In addition to the consideration of repairs needed to prolong the life of the building, Council could consider moving the building to another location. If Council chooses to consider this action, staff will seek quotes to relocate the building within 1.5 miles from its current location.

FISCAL IMPACT & FUNDING SOURCE(S)
Quotes will not require any funding.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Photos of Women’s Clubhouse
Reviewed/Approved:

Item #: 8.2
General Business
Woman’s Club House
88 W. Tulare, Tulare, CA 93274
Woman’s Club House
88 W. Tulare, Tulare, CA 93274
Woman’s Club House
88 W. Tulare, Tulare, CA 93274

Tulare City CouncilFebruary 21, 2023

Tulare City Council
February 21, 2023