Agenda packet — Tulare City Council, July 18, 2023 (part 1 of 2)

City of Tulare Page 1
City of Tulare
City Council
Agenda
Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, July 18, 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 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 July 18, 2023
City of Tulare Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Father Ivan Hernandez of St. Rita’s Catholic Church to deliver invocation.

3. PRESENTATIONS

3.1 Proclamation for Parks and Recreation Month, July 2023.

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 Special and/or Regular Meeting Minutes of June 20, 2023.

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

7.3 Purchase Vehicle for Fire Department.

7.4 After-School Program Agreement.

7.5 Termination of Proclamation of Local Emergency.

Recommended Action: Adopt a resolution terminating the Proclamation of Local Emergency declared on March 21, 2023, in response to significant weather activity. [M. Ott]

7.6 Self-Contained-Breathing-Apparatus (SCBA) Appropriation Request.

Recommended Action: Authorize appropriation in the amount of $166,252.44 to finalize the purchase of the Self-Contained-Breathing-Apparatus (SCBA). [M. Ott]

7.7 Final Map Acceptance for Farrar Estates Phase 2.

Recommended Action: Conditionally approve the Final Map and subdivision improvement agreement for Phase 2 of the Farrar Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to September 16, 2023. [M.

Miller]

7.8 Construction Management Contract for Project FM0046 – Courthouse Renovation and Parking Lot Rehabilitation.

7.9 Final Map Acceptance for Oakcrest Phase 2 Subdivision.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 2 of the Oakcrest Subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to September 16, 2023. [M.

Miller]

7.10 June 2023 Investments Report.

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

Ibanez]

7.11 On-Call Building Consultant Services Contract with Willdan.

7.12 Fiscal Year 2023-2024 Strategic Plan.

Recommended Action: Adopt the Fiscal Year 2023-2024 Strategic Plan. [M.

Mondell]
City Council Agenda – Regular Meeting July 18, 2023
City of Tulare Page 4

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

8.1 Landscape Maintenance Assessments for Fiscal Year 2023-24.

Recommended Action: Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for fiscal year 2023-24 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. [M. Miller]

8.2 Sidewalk & Stationary Mobile Vendor Siting Requirements Ordinance Revisions.

Recommended Action: Pass-to-print an ordinance providing for adoption of revisions to Chapter 10.180 of the Tulare Municipal Code, as described herein. [M. Anaya]

9. 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.

9.1 Zumwalt Park Amphitheater Operator Management Agreement.

Recommended Action: Approve the management agreement and authorize the City Manager to execute the Zumwalt Park Amphitheater Agreement with Spade Entertainment. [J. Glick]

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

12.1 Conference with Labor Negotiators (Government Code § 54957.6) Agency Representatives: Mario Zamora, Josh McDonnell, Janice Avila, Michael Ott Employee Organization: Tulare Professional Fire Fighters Association

12.2 Conference with Real Property Negotiations (Government Code § 54956.8) Property: APNs 168-340-005 and 168-340-006
Agency Negotiation: Mario Zamora, Marc Mondell, Michael Miller Negotiating Parties: Teresa Diane Johnson, Jared R. Ramirez Under Negotiation: Price and terms of payment

13. RECONVENE FROM CLOSED SESSION

14. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 1, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City Council Agenda – Regular Meeting July 18, 2023
City of Tulare Page 5

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Thursday, July 13, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: July 18, 2023 Agenda Memo
Date: July 13, 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. Items may be heard before or after the time estimated on the agenda. This may occur 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

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Father Ivan Hernandez of St. Rita’s Catholic Church to deliver invocation.

3. PRESENTATIONS [Time Estimate: 7:05-7:10 p.m.]

3.1 Proclamation for Parks and Recreation Month, July 2023.

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20-7:25 p.m.] Tulare City Council Page 2
Agenda Memo – July 18, 2023

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/or Regular Meeting Minutes of June 20, 2023.

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

7.3 Purchase Vehicle for Fire Department.

Recommended Action: Award the purchase of one new/unused 2023 Ford F-150 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $51,417.22, which includes all fees, tax, and shipping. [T. Whitfield]
Summary: The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one new/unused 2023 Ford F-150 truck from National Auto Fleet Group, of Watsonville, CA in the amount of $51,417.22.

The proposed truck is a replacement unit and is as follows:

Replacement Unit New Vehicle Cost Total budget
Fire Unit #120 2023 Ford F-150 $51,417.22 $85,000
This vehicle is requested for replacement in the FY 2023/24 Fleet Replacement budget in the amount of $85,000. The remaining budget left on the truck will be used to finish outfitting the truck for service by the Fire Chief. The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. On June 7, 2023, National Auto Fleet Group notified staff that the ordering window for Ford F-150 trucks was open. The Fleet Superintendent made contact and was able to place an order for the truck on June 19, 2023. Due to the time constraints, the City Manager and Assistant City Manager approved the issuance of a purchase order to secure the truck. If the Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.

7.4 After-School Program Agreement.

Recommended Action: Authorize the City Manager or designee to sign an agreement for after-school programing between the City of Tulare and the Tulare City School District. [J. Glick]
Summary: The Community Services Department proposes to continue the City’s partnership with the Tulare City School District to utilize their acquired California Department of Education’s Extended Learning Opportunity Program Grant (ELOP) Tulare City Council Page 3
Agenda Memo – July 18, 2023
funding for the provisions of free after-school Bringing Everyone’s Strengths Together (B.E.S.T.) Club programming for the 2023-24 school year. This year, the program will be expanded to accommodate up to 1,000 students per semester at eight schools throughout the City.

The agreement included as Attachment A will provide free afterschool programing during the regular school year (180 school days), Monday through Friday from 2:30 p.m. to 5:30 p.m. at the following school sites:
• Alpine Vista School,
• Cypress Elementary,
• Garden Elementary,
• Kohn Elementary,
• Maple Elementary,
• Heritage Elementary,
• Mission Valley Elementary, and
• Pleasant School Elementary.

The B.E.S.T. Club afterschool program will have registration limits to ensure an appropriate student to staff ratio that allows for provision of a quality, fun and safe recreation-based after school program where students can enjoy group games, sports, arts & crafts, activities, homework assistance, and free play.

The Tulare City School district shall reimburse the City of Tulare $350.00 per student, per semester for the 2023-2024 school year. In addition, the school district will reimburse the city $93,000 to provide a Recreation Supervisor to oversee the program.

7.5 Termination of Proclamation of Local Emergency.

Recommended Action: Adopt a resolution terminating the Proclamation of Local Emergency declared on March 21, 2023, in response to significant weather activity. [M. Ott]
Summary: On March 14, 2023, the Fire Chief as the Director of Emergency Services for the City of Tulare declared a local emergency due to significant weather activity including rain, wind, and flooding in the City. As the City of Tulare Fire Department has mutual-aid agreements with many fire departments in the area, those fire departments were task saturated with their own emergency response issues due to the storm activity.

On March 21, 2023, City Council adopted Resolution 2023-08 proclaiming the existence of a local emergency and ratifying the Director of Emergency Services’ Declaration of Local Emergency. This gave the Fire Chief, as Director of Emergency Services for the City of Tulare, the powers, functions, and duties to execute oversight of all emergency service functions for the City of Tulare. Since the weather event has passed and the risk of flooding from any further snow melt has minimized, it is recommended that Council consider and adopt a resolution to terminate the City’s Proclamation of Local Emergency.

Tulare City Council Page 4
Agenda Memo – July 18, 2023

7.6 Self-Contained-Breathing-Apparatus (SCBA) Appropriation Request.

Recommended Action: Authorize appropriation in the amount of $166,252.44 to finalize the purchase of the Self-Contained-Breathing-Apparatus (SCBA). [M. Ott] Summary: Due to a clerical oversight on consent item 13.15 (attached) from the December 20, 2022, Council meeting, requesting appropriations in the amount of $166,252.44 to finalize the purchase of the Self-Contained-Breathing-Apparatus (SCBA). On consent item 13.15, the box indicating additional funding request was marked “no” when it should have been marked “yes” to ensure funding was appropriated correctly for this purchase. Once complete, the FEMA Assistance to Firefighter Grant reimbursement in the amount of $186,340.00 can be processed.

7.7 Final Map Acceptance for Farrar Estates Phase 2.

Miller]
Summary: Planning Commission Resolution No. 5355 adopted on December 23, 2019, approved the tentative map for the Farrar Estates subdivision located on the west side of Morrison Street between Tulare Avenue and the Seminole Avenue alignment. The overall subdivision comprises approximately 76.5 acres. The proposed subdivision is being developed in phases. Phase 2 of Farrar Estates subdivision consists of 115 single-family residential lots, and ten landscape and lighting district lots.

Phase 1 offsite improvements consisting of intersection improvements at Tulare Avenue (State Route 137) and Morrison Street, frontage improvements along Tulare Avenue, and improvements to Morrison Street remain to be completed. These improvements are all dependent upon Caltrans review and approval of the plans and specifications for the Tulare Avenue and Morrison Street intersection improvements.

These items are currently under expedited review by Caltrans, with an anticipated construction permit approval date in September.

The Subdivider is requesting approval of the final map for Phase 2 so that the dry utility companies (electrical, gas, cable, etc.) can proceed with their design, which they will not do until there is a recorded final map. The design time for dry utilities is a critical path in construction scheduling, and as such the Subdivider is requesting to expedite the Phase 2 final map approval process. Based upon the findings and conditions of the City’s approval of the amended environmental studies for Phase 1, no development can occur on the lots of Phase 2 until the completion of the Tulare Avenue and Morrison Street intersection improvements. This requirement has been incorporated into the sections of the Phase 2 subdivision improvement agreement relating to the release of building permits.

To expedite the final map approval process, the Subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, Tulare City Council Page 5
Agenda Memo – July 18, 2023
and other required items within 60 days. Such requests for conditional approval have routinely been accommodated.

7.8 Construction Management Contract for Project FM0046 – Courthouse Renovation and Parking Lot Rehabilitation.

Recommended Action: Authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $387,635 for construction management services associated with City Project FM0046, a capital improvement project to renovate the former Tulare-Pixley County Courthouse and rehabilitate the City Hall Parking Lot; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($38,764) of the contract amount, and approve the updated project scope and budget. [M. Miller] Summary: In conjunction with the City’s acquisition of the former Tulare County Courthouse building located adjacent to City Hall, the need to make improvements to the existing building and surrounding adjacent parking lot were identified.

Improvements to the courthouse building are necessary for the City to occupy it as desired. At this time, the City plans to utilize a portion of the building for the Police Department to expand its office space and allow for social distancing requirements of COVID 19. The remaining space will be improved for use as a Small Business Incubator and Maker Space to encourage small businesses who might have otherwise launched during the pandemic. ADA compliance improvements, electrical and mechanical upgrades, and minor aesthetic improvements will be required to facilitate these uses.

Additionally, with the entirety of the property within the City Hall block now under the City’s ownership, the City intends to make improvements to the security of its facilities by constructing fencing and controlled access gates around the perimeter. With these improvements, a review and revisions to the functional layout of the parking lot, necessary reconfiguration of ADA paths of travel, drainage enhancements, and pavement issues will be addressed. This project was previously included in the City’s 2021-2026 CIP and is included in the recently approved 2023-2028 CIP.

On April 17, 2023, the City advertised for construction bids for Project FM0046. No bids were received on the bid opening date of May 18, 2023. Feedback from prospective bidders indicated that their work schedules were already filled for the majority of the required construction schedule. City staff identified an alternative path to construct the project using one of the firms that is included in the City’s existing oncall construction management consultant list. The selected construction management firm will provide vertical construction management services, in which they will subcontract and oversee out the various construction tasks necessary to complete the project subject to the approved plans and specifications.

A Request for Proposals for On-Call Construction Management, Resident Engineer and Inspection Services was issued on February 4, 2020, out of which two firms were recommended for inclusion on a list of prequalified Construction Management, Resident Engineer and Inspection consultants. The Staff recommended list was approved by the City Council at their April 7, 2020, meeting.

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Agenda Memo – July 18, 2023
4Creeks of Visalia, CA is included on the list of pre-qualified On-Call Construction Management, Resident Engineer and Inspection Consultants and has demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the work on this project. 4Creeks has reviewed the scope of this project and has proposed to perform construction management services on a time and materials basis, not to exceed $387,635.00, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work. It is also within the budgeted amount for this work on this project.

Various other consultant contracts will be required for the construction of this project, including labor compliance monitoring, materials testing and construction surveying.

These contracts will be brought to Council for authorization at a future meeting.

7.9 Final Map Acceptance for Oakcrest Phase 2 Subdivision.

Miller]
Summary: Planning Commission Resolution No. 4643, adopted on June 19, 2006, approved the tentative map for the Oakcrest Subdivision (previously known as the Shenandoah Park Subdivision) located half a mile west of West Street on Tulare Avenue. The overall subdivision comprises approximately 46 acres consisting of 206 lots and is being developed in two phases.

Phase 2 of the Oakcrest Subdivision consists of 95 single-family residential lots. The subdivider is actively working to complete the final map. To expedite the final map approval process, the subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60 days. Such requests for conditional approval have routinely been accommodated.

7.10 June 2023 Investments Report.

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

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

7.11 On-Call Building Consultant Services Contract with Willdan.

Recommended Action: Approve the contract for On-Call Building Consultant Services with Willdan Engineering of Fresno, CA, and authorize the City Manager to enter into a consultant professional service agreement, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for services from July 2023 onward, until the City issues a new RFP for a multi-year on-call building services contract. [M. Anaya]
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Agenda Memo – July 18, 2023
Summary: The City of Tulare Community Development Department wishes to extend the contractual relationship with Willdan Engineering of Fresno, CA, for On-call Building Consultant services at least an additional 12 months, or until a new RFP is issued for a multi-year on-call building services contract. However, there is an immediate need to utilize Willdan’s services while the Community Development Department continues to face staffing challenges in the Building Division. With execution of this contract the City will continue to utilize Willdan staff to provide Chief Building Official, Plan Check, and supplementary Building Inspection services. The proposed agreement is a new agreement, as the old agreement has expired.

7.12 Fiscal Year 2023–2024 Strategic Plan.

Recommended Action: Adopt the Fiscal Year 2023-2024 Strategic Plan. [M.

Mondell]
Summary: City Council adopted a Strategic Planning Summary and Strategic Profile in January 2021. Management is not recommending any changes to these items currently.

The purpose of the annual Strategic Plan is to; 1) establish a vision or direction (5-10 year horizon), and 2) establish the FY 23-24 work program.

The City did not hold a Strategic Planning Session in FY 2022-2023 because it was focused on obligating $18,024,068 in Federal ARPA funds.

The City Council held a Strategic Planning Session on January 27, 2023, to review the draft document and provide comments.

City Council adopted the FY 23-24 budget on June 20, 2023, which pertinent components have been incorporated herein.

While the Strategic Plan provides staff areas of focus for the coming year, flexibility in implementation is import given that more information will become available and new opportunities may present themselves throughout the year.

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

8.1 Landscape Maintenance Assessments for Fiscal Year 2023-24. [Time Estimate: 7:35- 7:55 p.m.]
Recommended Action: Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for fiscal year 2023-24 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. [M. Miller]
Summary: Each year City Council is required to set landscape maintenance assessments for the upcoming fiscal year. On June 20, 2023, Council adopted Resolution of Intention No. 2023-21 setting July 18, 2023, as the public hearing date to adopt landscape maintenance assessments for fiscal year 2023-24 and directing the City Engineer to file the required Engineers Report with the City Clerk.

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Agenda Memo – July 18, 2023
The public hearing will allow for property owners within each of the twenty-six landscape districts to comment on the proposed Fiscal Year 2023-24 assessment for their district. The proposed assessments compare to the prior fiscal year as follows:
• fifteen districts are proposed to increase,
• nine districts would experience no change from the prior year, • one district will be assessed for the first time, and • one district has not yet completed any improvements requiring maintenance, and therefore does not have any proposed assessments.

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

Due to its size, electronic copies of the Engineers Report will be made available to councilmembers through the City Clerk’s office. A Compliance Certification and Hold Harmless Statement is required to be signed by the City Manager upon approval of the Council and submitted to the County in conjunction with the assessments.

8.2 Sidewalk & Stationary Mobile Vendor Siting Requirements Ordinance Revisions. [Time Estimate: 7:55-8:15 p.m.] Recommended Action: Pass-to-print an ordinance providing for adoption of revisions to Chapter 10.180 of the Tulare Municipal Code, as described herein. [M. Anaya] Summary: On November 1, 2022, staff presented an informational item for City Council consideration, and for direction to staff on any requested changes to the existing ordinance regarding permitting requirements and siting criteria for sidewalk vendors and stationary mobile food vendors. The majority of the City Council recommended that staff bring back recommended revisions to the City ordinance, specifically regarding the siting requirements for these vendors, to determine what the right distance requirements should be from establishments that have an ABC (State Bureau of Alcoholic Beverage Control) license for consumption on site, and distance from other permitted vendors. Staff believe the proposed revisions allow for more vendors to be permitted legally in the City, based on revised criteria, while also maintaining controls to mitigate potential issues that occurred in the past, particularly near bar and nightclub locations.

The proposed revisions consist of the following:
• Revisions to TMC 10.180.070(G) to specify new separation requirements for vendors from businesses with on-site ABC licenses open between the hours of 10:00pm-6:00am and measuring the separation distance from business door to vendor.
• If a business with an on-site consumption ABC license is open between 10:00pm-6:00am, the sidewalk or stationary mobile food vendor will need onsite parking lot security. In addition, sidewalk or stationary mobile vendors will Tulare City Council Page 9
Agenda Memo – July 18, 2023
not be allowed to operate past 10:00pm in this scenario when adjacent to residential properties.
• Revisions to TMC 10.180.070(H) to specify 300 feet separation between stationary sidewalk and stationary mobile vendors is measured from vendor to vendor and not property line to property line.

9. 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.

9.1 Zumwalt Park Amphitheater Operator Management Agreement. [Time Estimate: 8:15- 8:35 p.m.]
Recommended Action: Approve the management agreement and authorize the City Manager to execute the Zumwalt Park Amphitheater Agreement with Spade Entertainment. [J. Glick]
Summary: On December 7, 2021, City Council approved $9,820,000 of non-Category 3 American Rescue Plan Act (ARPA) funding to be used on various programs and projects to offset the economic impacts of the COVID-19 pandemic on the City of Tulare. Included in this funding is $5,000,000 allocated for the construction of the Zumwalt Park Amphitheater and renovation project.

On January 18, 2022, the City Council approved a contract with Lane Engineers for conceptual design services for the renovation of Zumwalt Park and Amphitheater.

These were presented to members of the community in a public outreach meeting held on May 4, 2022. In addition, staff made the same presentation to the Tulare Parks and Recreation Commission on June 14, 2022, and has made similar presentations to a number of local groups and associations.

On July 27, 2022, a Request for Proposals (RFP) for the Zumwalt Park Amphitheater Operator was published and due on September 14, 2022. Staff advertised the RFP locally and on the City website.

Staff received one proposal, from Spade Entertainment out of Folsom, California.

Spade Entertainment currently works with multiple cities on various entertainment projects. Spade Entertainment has over 25 years of experience in radio, special events and the concert business. They produce live music, cultural events, music festivals and corporate rentals at various parks in Northern California. They produce a combined 70 shows a year at various locations with crowd estimates from 1,000 to 18,000 people. They strive to put “heads in beds at hotels and making your City a destination.”
On December 6, 2022, the City Council heard a presentation from Spade Entertainment and approved a term sheet and directed staff to move forward on a management agreement with Spade Entertainment.

On June 20, 2023, City Council received a staff presentation and asked a variety of questions and asked staff to bring the Zumwalt Park Amphitheater Agreement back to Tulare City Council Page 10
Agenda Memo – July 18, 2023
Council for further discussion. City staff received questions and edits from Council and made the following adjustments to the Zumwalt Park Amphitheater Agreement. The adjustments to the agreement (please see Attachment 1) are as follows:
• Added the Sequoia Symphony as a City produced event.
• SPADE ENTERTAINMENT shall disclose the subcontractors, including principals, of any vendor or business transaction to the City. • SPADE ENTERTAINMENT shall be responsible for twenty percent (20%) of the hourly overtime rate for five hours ($60 per hour x 5 hours = 600 per officer x 20%) for use of two officers of Tulare Police Department for all Events. Officers will be on site the entire four hours. In the absence of City-wide security policy, SPADE shall prepare a security plan, subject to approval by CM, PD and Fire. • SPADE ENTERTAINMENT shall pay to CITY for each Ticketed Concert Event according to the following:

Ticket Price City Fee
$25.00 or less $1.00per ticket
$25.01 to $50.00 $2.00per ticket
$50.01 and above $3.50per ticket
• SPADE ENTERTAINMENT shall pay the CITY for any and all costs owed to the CITY for each event within fourteen (14) days after the completion or cancellation of each corresponding Event, or upon termination of this Agreement if CITY terminates this Agreement due to SPADE ENTERTAINMENT’s default. • Nothing in this Agreement prevents the City Council of the City of Tulare from implementing a “Use Tax” on the sales of tickets and the CITY acknowledges that in the event such “Use Tax” is adopted by the City Council, the payment to the CITY under Section XXII(a)(iii) shall be discontinued.

10. FUTURE AGENDA ITEMS - None Submitted [Time Estimate: 8:35-8:35 p.m.]

11. STAFF UPDATES [Time Estimate: 8:35-8:40 p.m.]

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 8:35-9:25 p.m.]

13. RECONVENE FROM CLOSED SESSION

14. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 1, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Council Chamber
491 North M Street, Tulare
Tuesday, June 20, 2023
5:45 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Diego
Ibanez; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling

1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called the special meeting of the City Council to order at 5:45 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Parks and Recreation Master Plan and Needs Assessment.

Recommended Action: Receive a presentation on the draft Tulare Parks and Recreation Master Plan and Needs Assessment.

Presented By: Community Services Director Jason Glick and Michael Svetz of Pro Consulting
Public Comment: None
Council Action: Information item only; no action taken.

3. ADJOURNMENT OF SPECIAL MEETING
Mayor Sayre adjourned the special meeting at 7:00 p.m.

4. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:09 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Janice Avila led the Pledge of Allegiance, and an invocation was given by Aaron Talbot, Pastor of First Church of God.

Item #: 7.2
Consent
City Council Meeting Minutes June 20, 2023
City of Tulare Page 2

6. PRESENTATIONS

6.1 Adventist Health Tulare. This item was tabled.

7. PUBLIC COMMENTS
The following provided public comment: Maddi Langton and Donnette Silva-Carter.

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

9. COUNCIL REPORTS AND ITEMS OF INTEREST

9.1 July 4, 2023 Regular City Council meeting is canceled.

Council reported out on recent events and discussed items of interest.

10. CONSENT CALENDAR
Items 10.6, 10.7, 10.10, 10.11, and 10.13 were removed from the Consent Calendar by Council.

It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for items 10.6, 10.7, 10.10, 10.11, and 10.13.

10.1 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.

10.2 Special and/or Regular Meeting Minutes of June 6, 2023.

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

10.3 May 2023 Investments Report.

Recommended Action: Accept the monthly investments report for May 2023. [D. Ibanez]

10.4 Vehicle Purchase for Police, Fire, Facilities, and Fleet Departments.

Recommended Action: Award the purchase of four new/unused 2024 Chevrolet trucks to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $278,856.63, which includes all fees, tax, and shipping. [T. Whitfield]

10.5 Vehicle Purchase for Police and Public Works Departments.

Recommended Action: Award the purchase of five new/unused 2024 Chevrolet Malibu sedans to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $138,612.18, which includes all fees, tax, and shipping. [T. Whitfield]

10.8 Grant of Easement and Certificate of Conveyance for KCOK Subdivision.

Recommended Action: Authorize the City Manager to execute a Grant of Easement and Certificate of Conveyance to Southern California Edison Company (SCE) for installation and maintenance of SCE utilities located within City Council Meeting Minutes June 20, 2023
City of Tulare Page 3
Landscape Lot B, a future City Park located within the KCOK subdivision, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

10.9 Oakcrest Phase 1 Subdivision Agreement Renewal.

Recommended Action: Approve subdivision improvement agreement renewal for Phase 1 of the Oakcrest Subdivision for recordation. [M. Miller]

10.12 Electric Vehicles Contract Amendment.

Recommended Action: Authorize the City Manager or his designee to approve amendments to the electric vehicle grant from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and replace eight electric vehicles to eight street legal electric golf carts. [M. Correa]

PULLED CONSENT CALENDAR ITEMS

10.6 2023 Street Striping Project.

Recommended Action: Award and authorize the City Manager to approve a contract with Central Valley Striping of Lindsay, California, in the amount of $231,393.15 for the City’s 2023 Street Striping Project. [A. Bettencourt]

10.7 Resolution of Intention to Set Public Hearing to Adopt Landscape Maintenance Assessments for Fiscal Year 2024.

Recommended Action: Adopt a resolution of intention to set July 18, 2023, as the public hearing date to adopt landscape maintenance assessments for fiscal year 2023-24. [M. Miller]
Council Action: Vice Mayor Isherwood pulled this item for clarification. It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

10.10 Rejection of Claim for Damages.

Recommended Action: Reject the liability claim for damages filed on May 30, 2023, by Attorney Derek P. Wiseheart on behalf of the Estate of Jesse Garcia; Amy Smith obo Jryden G., a minor; Jesse Garcia (Father); Monica Garcia (Mother), FR 100720. [J. Avila]
Council Action: Councilmember Mederos stated he had a business conflict of interest and recused himself. Councilmember Harrell also stated he needed to recuse himself (no reason provided). It was moved by Councilmember Sigala, seconded by Vice Mayor Isherwood, and carried 4 to 0 (Councilmember Mederos recused; Councilmember Harrell recused, but failed to state the reason as required in the Council Handbook (“Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote.”)) to approve the item as presented.

10.11 Library Board Appointment.

Recommended Action: Confirm the mayor’s appointment of Donna Schauland to the Library Board with a term ending June 30, 2026. [M. Hermann] Council Action: Councilmember Sigala pulled this item for comment. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

City Council Meeting Minutes June 20, 2023
City of Tulare Page 4

10.13 Farrar Estates Phase 1 Subdivision Agreement Renewal.

Recommended Action: Approve subdivision improvement agreement renewal for Phase 1 of the Farrar Estates Subdivision for recordation. [M. Miller] Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

11. PUBLIC HEARINGS

11.1 Adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area Annual Assessments for Fiscal Year 2024.

Recommended Action: Adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area Annual Assessments for Fiscal Year 2024.

Presented By: Chief Financial Officer Diego Ibanez
Public Comment: The public hearing was opened at 8:00 p.m. Receiving no public comment, the hearing was closed at 8:00 p.m.

Council Action: It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

11.2 Adoption the City Budgets.

Recommended Action: Adopt a resolution approving and adopting the Fiscal Year 2024 Operating Budget and all sections therein; adopt a resolution approving and adopting the Fiscal Year 2024 Position Control Budget and fixing the rate of compensation of regular full-time and part-time employees, councilmembers, seasonal/temporary employees; adopt a resolution approving and adopting the Fiscal Years 2024-2028 Projects Budget (including the Capital Improvement Plan); and adopt a resolution establishing appropriations limit for Fiscal Year 2024.

Presented By: Chief Financial Officer Diego Ibanez
Public Comment: Jason Bender
Council Action: It was moved by Councilmember Mederos, seconded by Vice Mayor Isherwood, and unanimously carried to adopt a resolution approving and adopting the Fiscal Year 2024 Operating Budget and all sections therein with the revenues in excess of expenditures totaling $116,265. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to adopt a resolution approving and adopting the Fiscal Year 2024 Position Control Budget and fixing the rate of compensation of regular full-time and part-time employees, councilmembers, seasonal/temporary employees. It was moved by Councilmember Mederos, seconded by Mayor Sayre, and unanimously carried to adopt a resolution approving and adopting the Fiscal Years 2024-2028 Projects Budget (including the Capital Improvement Plan). It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to adopt a resolution establishing appropriations limit for Fiscal Year 2024.

City Council Meeting Minutes June 20, 2023
City of Tulare Page 5

12. GENERAL BUSINESS

12.1 Zumwalt Park Amphitheatre Operator Management Agreement.

Recommended Action: Approve the management agreement and authorize the City Manager to execute the Zumwalt Park Amphitheatre Agreement with Spade Entertainment.

Presented By: Community Services Director Jason Glick and City Manager Marc Mondell
Public Comment: None
Council Action: Council expressed a need to refine some language in the agreement. Councilmembers Sigala and Mederos will review with staff prior to being brought back to Council for further review and approval.

13. FUTURE AGENDA ITEMS - None Submitted

14. STAFF UPDATES
Staff provided updates on department activities.

15. ADJOURNMENT
The regular meeting was adjourned at 10:40 p.m.

Approved by Council: July 18, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase Vehicle for Fire Department

RECOMMENDED ACTION
Award the purchase of one new/unused 2023 Ford F-150 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $51,417.22, which includes all fees, tax, and shipping.

SUMMARY
The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one new/unused 2023 Ford F-150 truck from National Auto Fleet Group, of Watsonville, CA in the amount of $51,417.22.

The proposed truck is a replacement unit and is as follows:

Due to the time constraints, the City Manager and Assistant City Manager approved the issuance of a purchase order to secure the truck. If the Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the vehicles will come from the Fleet Replacement Funds for Fire (Fund 604).

LEGAL REVIEW
This item does not require review by the City Attorney’s office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 7.3
Consent

7.3 Consent Page 1
If not approved, the order will be canceled, and we will have to wait for the next ordering opportunity or bid the vehicle separately.

ATTACHMENTS

1. Truck Specifications from the National Auto Fleet Group Reviewed/Approved:

7.3 Consent Page 2

7.3 Consent Page 3 ATTACHMENT 1

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Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Community Services
Submitted by: Jason Glick, Community Services Director
Agenda Title: After-School Program Agreement

RECOMMENDED ACTION
Authorize the City Manager or designee to sign an agreement for after-school programing between the City of Tulare and the Tulare City School District.

SUMMARY
The Community Services Department proposes to continue the City’s partnership with the Tulare City School District to utilize their acquired California Department of Education’s Extended Learning Opportunity Program Grant (ELOP) funding for the provisions of free afterschool Bringing Everyone’s Strengths Together (B.E.S.T.) Club programming for the 2023-24 school year. This year, the program will be expanded to accommodate up to 1,000 students per semester at eight schools throughout the City.

FISCAL IMPACT & FUNDING SOURCE(S)
• 1,000 students per semester (2,000 students per year) x $350 per student, equals $700,000 in revenue.
• School District will fund an additional Recreation Supervisor in the amount of $93,000 per year.

Item #: 7.4
Consent

7.4 Consent Page 1

LEGAL REVIEW
This item was reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If denied, the Community Services Department would charge the participants $350 per child.

The Department would lose participants to other after-school programs, that are free to the public.

ATTACHMENTS

1. After-School Program Agreement
Reviewed/Approved:

7.4 Consent Page 2
1 Agreement for After-School Program (BEST)
This Agreement (“Agreement”) is made and entered into effective July 1, 2023, by and between the Tulare City School District, a political subdivision of the State of California (hereinafter referred to as “TCSD”), and City of Tulare, a California Municipal Corporation (hereinafter referred to as “Program Host”). TCSD and Program Host, collectively referred to as “Parties”. The purpose of this Agreement is for the implementation of the Expanded Learning Opportunity Program (“ELO-P”). It is understood by and between the parties that the implementation of this Agreement is contingent upon continued funding received by TCSD from the California Department of Education.

RECITALS
A. Whereas, the California Legislature enacted the ELO-P, which provides local educational agencies (“LEAs”) the opportunity to provide funding for afterschool and summer school enrichment programs for students; and
B. Whereas, as part of its implementation of the ELO-P, TCSD determined to partner with community entities to provide an afterschool program with focus on developing the academic, social, emotional, and physical needs and interests of students through handson, engaging learning experiences in accordance with ELO-P (“Program”).

C. Whereas, Program Host is able to provide such Program.

AGREEMENT
NOW, THEREFORE IT IS MUTUALLY AGREED between TCSD and Program Host as follows:

1. Term of Agreement. The term of this Agreement shall commence July 1, 2023, and terminate on June 30, 2024. Either TCSD or Program Host may terminate this Agreement for convenience upon one hundred eighty (180) days prior written notice to the other Party.

In addition to and without limiting the above, if, through any cause, either Party fails to perform a material term or obligation under this Agreement, the other Party shall have the right to terminate this Agreement by giving one hundred eighty (180) days prior written notice of such termination.

2. Location. Program Host will utilize and operate the Program at designated TCSD school sites (“Facility”). The terms of use of the Facility shall be set forth by a separate facility use agreement.

3. Program Hours. The Program Host will operate the Program at the Facility, 2:30 p.m. to 5:30 p.m. Pacific Standard Time during the regular school year (180 school days). Start times may be adjusted due to shortened day student schedules.

4. Program/Use Fee. TCSD will pay Program Host for the services rendered during the Program as defined and incorporated in the attached “Fee Structure”. (See Exhibit A.)

7.4 Consent Page 3 ATTACHMENT 1
2 5. Services. TCSD and Program Host are provided in the attached “Scope of Services”, Exhibit B.

6. Independent Contractor. In the performance of this Agreement, Program Host shall be and acknowledge that Program Host is in fact and law, an independent contractor and not an agent or employee of TCSD. Program Host has and retains the right to exercise full supervision and control over the manner and methods of performing its duties and obligations under this Agreement. Program Host retains full supervision and control over the employment, direction, compensation, and discharge of all persons assisting Program Host in its performance under this Agreement. With respect to Program Host’s employees, Program Host shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employment taxes whether Federal, State or local, and compliance with any and all other laws regulating employment.

7. Indemnification and Hold Harmless. Program Host shall defend, indemnify, and hold harmless TCSD and its agents, representatives, officers, consultants, employees, Board of Trustees, members of the Board of Trustees (collectively, the “TCSD Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”) directly or indirectly arising out of or connected with, the performance by Program Host, the Program Host Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Program Host’s obligations under this Agreement, including, but not limited Program Host 's or the Program Host Parties’ performance of the Services, Program Host’s or the Program Host Parties’ breach of any of the representations or warranties contained in this Agreement, or for injury to persons or damage to property or delay or damage to the TCSD or the TCSD Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. Program Host’s defense and indemnity obligations under this section shall arise immediately upon the filing and/or service of any claim or action against TCSD arising under this Agreement and shall extend to all such claims or actions except those based on the sole negligence or willful misconduct of TCSD. The indemnification provided for in this section also includes any claims that may be made against the TCSD by any taxing authority asserting that an employer-employee relationship exists by reason of this agreement, and any claims make against TCSD alleging civil rights violations by Program Host under the California Fair Employment and Housing Act. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

8. Insurance. Program Host shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $1,000,000 each occurrence and $5,000,000 in the aggregate (including sexual abuse/molestation coverage, either by separate policy or by an endorsement to the

7.4 Consent Page 4
3 commercial general liability policy); (ii) commercial automobile liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate, if applicable; and (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq. Certificates indicating the required coverages shall be delivered to TCSD. All insurance policies shall include an endorsement stating that TCSD is a named additional insured. All of the policies shall provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to TCSD. If such a notice is not given or even if TCSD receives a notice, TCSD may, at its sole option, terminate this Agreement.

9. Warranties. Each party represents and warrants that: (a) It has secured and will secure all rights and licenses necessary for its performance of this Agreement; (b) That its performance or any part of its performance of this Agreement, will not infringe upon or violate any right or interest of any third-party or entity now existing under the laws of, or hereafter existing or issued by, any state, the United States, or any foreign country. There are currently no actual or threatened claims by any such third-party based on an alleged violation of any such right by either party; (c) It has appropriate systems and controls in place to ensure that state and federal funds will not be used in the performance of this Agreement in violation of state or federal law; and (d) It has no knowledge of any outstanding claims, licenses or other charges, liens or encumbrances of any kind or nature whatsoever that could affect in any way TCSD’s and Program Host’s performance of this Agreement.

10. Notices. Any and all notices relating to this Agreement shall be sufficient if personally served upon the TCSD at the following address:

Paula Adair, Superintendent
600 North Cherry Street
Tulare, CA 93274
Telephone: (559) 685-7200
Email: [email protected]
Any and all notices relating to this Agreement shall be sufficient if personally served upon the Program Host at the following address:

Brian Beck, Recreation Manager
830 South Blackstone
Tulare, CA 93274
Telephone: (559) 684-4317
Email: [email protected]

11. Fingerprinting/Criminal Background Investigation Certification. The Program Host and its employees shall at all times, and at no cost to the TCSD, comply with the fingerprinting and criminal background investigation requirements of the California Education Code. Program Host shall ensure that prior to the provision of services under the Responsibilities of the Program Host that the results of those background checks and

7.4 Consent Page 5
4 fingerprints reveal that none of the Program Host’s employees have been arrested or convicted of a serious or violent felony, as defined by the California Penal Code. The Program Host shall maintain on file information confirming that its employees have passed fingerprinting and criminal background investigation requirements of the Education Code.

Program Host further agrees and acknowledges that if at any time during the Term, the Program Host learns or becomes aware of additional information which differs in any way from the representations set forth above, or the Program Host adds personnel, the Program Host shall immediately notify the TCSD and prohibit any new personnel from having any contact with TCSD students until the fingerprinting and background check requirements have been satisfied and the TCSD determines whether any contact is permissible. Program Host will comply with TCSD requirements for proof of compliance with this requirement. (See Exhibit C.)

12. Tuberculosis Certification. The Program Host and its employees shall at all times, and at no cost to TCSD, comply with the tuberculosis ("TB") certification requirements of Education Code section 49406. Program Host shall maintain on file the certificates showing that its employees were examined and found free from active TB within the last four (4) years. These forms shall be regularly maintained and updated by the Program Host and shall be available to TCSD upon request or audit. Program Host further agrees and acknowledges that all new personnel hired after the Effective Date of this Agreement by the Program Host are subject to the TB certification requirements and shall be prohibited from having any contact with TCSD students until the TB certification requirements have been satisfied and the TCSD determines whether any contact is permissible.

13. Drug and Smoke Free. The Program Host shall ensure that there is no consumption or possession of drugs, alcohol, and/or tobacco products at any time during the Program, other than those items which are necessary for a student or employee’s disability as permitted by law and TCSD policies.

14. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. The Parties agree that they shall comply with all legal requirements for the performance of duties under this Agreement, including, but not limited to the requirements of the ELO-P.

15. Non-Discrimination. There shall be no unlawful discrimination in the performance or implementation of this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.

16. Dispute Resolution. TCSD and Program Host shall use their best efforts to mutually resolve any disputes which may arise between the parties relating to this Agreement. The Parties understand and acknowledge that using their best efforts to mutually resolve any dispute may include meeting with the other Party to discuss grievances; not making assumptions without speaking to the other Party; not making unilateral decisions on how to resolve a grievance; and using good faith efforts to come to an amicable resolution. If

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5 there is no resolution to the dispute following the Parties’ best efforts, either TCSD or Program Host may file an action in a court of law.

17. Governing Law. TCSD and Program Host agree that the provisions of this Agreement will be construed in accordance with the laws of the State of California. Venue shall be the Superior Court of the State of California of and for the County of Tulare.

18. No Authority to Bind. It is understood that neither Party, in its performance of any and all duties under this Agreement, has authority to bind the other Party to any agreements or undertakings with respect to any and all persons or entities with whom such Party deals in the course of its business.

19. Modifications. This Agreement may be modified or amended only by the written agreement of TCSD and Program Host. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duty executed by TCSD and Program Host.

20. Assignment. Neither Party shall assign any right, title, or interest it may acquire by reason of this Agreement, except after first obtaining the written consent of the other Party.

21. Records and Audit. Program Host shall maintain complete and accurate records with respect to the services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Program Host shall make such records available to TCSD for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.

22. Conflict of Interest. The parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section 87100 of the Government Code relating to conflict of interest of public officers and employees. All parties hereto agree that they are unaware of any financial or economic interest of any public officer or employee of Program Host relating to this Agreement.

23. Signature Authority. Each person executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized by such Party to execute and deliver this Agreement on behalf of such Party and that this Agreement is binding upon the Party in accordance with its terms.

24. Counterparts. This agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement.

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6 IN WITNESS WHEREOF, the parties have hereunto set hands on the day and year first above written.

TULARE CITY SCHOOL DISTRICT
By: Date:

Paula Adair
Superintendent

CITY OF TULARE
By: Date:

Marc Mondell
City Manager

7.4 Consent Page 8
7 EXHIBIT A
Fee Structure
TCSD shall pay Program Host on a monthly basis as follows:

1. Payment will be $4.41 per student each day of Program service. In order to receive payment for a student for a month, the child must attend the Program at least 1 day of that month.

2. Program Host must submit a monthly invoice to TCSD, including attendance records for each student. TCSD shall pay the Program Host invoice within 60 days of receipt of the monthly invoice, provided it contains sufficient reasonable documentation as determined by TCSD.

3. The contract total for Program Host services to be provided under this Agreement shall not exceed $793,000 for Program (“Total Fee”). Any work performed by the Program Host in excess of the Total Fee shall not be compensated.

A description of the Program Host’s calculation of the Total Fee is included below.

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8 EXHIBIT B
Scope of Services
The Agreement will cover operation by Program Host of an afterschool program pursuant to the ELO-P. The ELO-P focuses on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.

TCSD’s Duties.
i. TCSD will provide “Super Snack”, a USDA At-Risk Child and Adult Care Food Program supper meal, every day to every student. “Super Snack” is in conformance with the nutrition standards of the United States Department of Agriculture’s atrisk afterschool meal component of the Child and Adult Care Food Program. ii. TCSD shall provide a Program calendar of the days the Program will operate.

Program Host’s Duties.
i. Program. Program Host shall provide and be responsible for administering the Program in accordance with the ELO-P requirements. Program Host will provide the afterschool program, during the regular school year (180 school days), Monday through Friday from 2:30 p.m. to 5:30 p.m. at the following school sites:

Alpine Vista
Cypress
Garden
Heritage
Kohn
Maple
Mission Valley
Pleasant
Each site will host approximately Alpine Vista 200, Cypress 100, Garden 150, Heritage 100, Kohn 100, Maple 100, Mission Valley 150, Pleasant 100, students for a total of 1,000 students.
ii. Enrollment. Program Host shall enroll only TCSD students and give priority enrollment in the Program to TCSD students who are in the unduplicated pupil category. The unduplicated pupil category currently includes foster students, low socioeconomic status students, English learner students, and homeless students. iii. Supervision and Records. Program host shall provide and be responsible for the adequate and proper supervision of students during involvement in the Program.

Program Host will be responsible for maintaining evaluation data, attendance forms, and other relevant Program documentation as needed by the Program, as

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9 approved by TCSD. Program Host will submit such documents to TCSD on a monthly basis.
iv. Confidentiality. Program Host will maintain the confidentiality of, and protection from unauthorized disclosure, any and all confidential individual student information received from TCSD, if any, including but not limited to student names and other identifying information. Program Host shall not use such student information for any purpose other than carrying out the obligations under this Agreement. Upon termination of this Agreement, Program Host shall turn over to TCSD all confidential student information, if any, in its possession and obtained in the performance of this Agreement.
v. Covid-19 Mitigation Measures. Program Host will strictly, and without exception, follow all local, state, and federal guidelines regarding human protection from COVID-19 in accordance with the Tulare County Public Health Services Department, Center for Disease Control (“CDC”), and California Department of Public Health (“CDPH”) (Collectively "COVID-19 Guidelines”) as such guidelines may change from time to time.
vi. Meals. Program Host shall be responsible for serving meals to students during the Program in accordance with applicable laws, including the nutrition standards of the United States Department of Agriculture’s at-risk after-school meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766) and food safety laws. Program Host and staff will be responsible for following sanitary food safety practices when serving food to the students.
vii. Staffing Levels. Program Host will comply with staffing requirements of ELO-P, which currently are approximately one (1) staff per twenty (20) students in first through sixth grade, and one (1) staff per ten (10) students in TK through kindergarten. The total level of staffing is based upon the number of students participating in the Program.
viii. After School Program Content and Requirement. Program Host will provide a program in compliance with applicable laws, including by not limited to, Education Code sections 46120 et seq, 8483.4 and 8482.3, this includes, but is not limited to providing:
a. All staff members who directly supervise students meet the minimum qualifications for an instructional aide, pursuant to TCSD Board Policy/Administrative Regulation 4222. All Program staff and volunteers shall be subject to the health screening and fingerprint clearance requirements in current law and District policy for school personnel and volunteers in the school district.
b. An educational and literacy element in which tutoring, or homework assistance is provided in one or more of the following areas:

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10 i. language arts,
ii. mathematics,
iii. history and social sciences,
iv. computer training,
v. science.
c. An educational enrichment element that may include, but not be limited to:
i. fine arts,
ii. career technical education,
iii. recreation,
iv. physical fitness,
v. prevention activities.
d. Program Host will provide planned and age-appropriate recreational activities for students registered for the Program.
e. Program Host will provide all materials, supplies, and equipment related to the Program.
ix. After-School Program Personnel and Volunteer. Program Host will be responsible for coordinating all matters regarding personnel. Program Host employees will meet qualifications that ensure “highly qualified” status, in compliance with California Education Code and aligned to TCSD policy. x. Student Attendance/Enrollment Reports. Program Host will submit TCSD a monthly attendance/enrollment report of the students who participate in the Program.
xi. Safety on/off Campus After School. Program Host and TCSD are committed to promoting the safety of all TCSD students. Program Host and TCSD will work collaboratively to develop a modified plan for execution during the after-school program that is aligned to the Crisis Response Plan and/or School Safety Plan used by the TCSD.
xii. Requests for Change in Scope of Services. Requests for operational changes initiated by TCSD must receive approval by Program Host. Requests must be submitted to the Program Host in writing prior to implementing any changes in Program operation. Operational changes may include, but are not limited to the following:
a. Increasing student Program capacity
b. Increasing/decreasing number of operational Program days c. Increasing/decreasing Program hours
d. School site locations to conduct Program

7.4 Consent Page 12
11 EXHIBIT C
Fingerprinting Notice and Acknowledgment for Contracts Other Than Construction Contracts

FINGERPRINTING NOTICE AND ACKNOWLEDGEMENT
(Education Code Section 45125.1)
Other than business entities performing construction, reconstruction, rehabilitation, or repair who have complied with Education Code section 45125.2, business entities entering into contracts with the TCSD must comply with Education Code sections 45125.1. Such entities are responsible for ensuring full compliance with the law and should therefore review all applicable statutes and regulations. The following information is provided simply to assist such entities with compliance with the law:

1. You (as a business entity) shall ensure that each of your employees who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a TCSD or school employee has a valid criminal records summary as described in Education Code section 44237. (Education Code, § 45125.1(a).) You shall do the same for any other employees as directed by TCSD. (Education Code, § 45125.1(c).) When you perform the criminal background check, you shall immediately provide any subsequent arrest and conviction information it receives to the TCSD pursuant to the subsequent arrest service. (Education Code, § 45125.1(a).)

2. You shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code section 45122.1. (Education Code, § 45125.1(e).) See the lists of violent and serious felonies in Attachment A to this Notice.

3. Prior to performing any work or services under your contract with the TCSD , and prior to being present on TCSD property or being within the vicinity of TCSD pupils, you shall certify in writing to the TCSD under the penalty of perjury that neither the employer nor any of its employees who are required to submit fingerprints, and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1, and that you are in full compliance with Education Code section 45125.1. (Education Code, § 45125.1(f).) For this certification, you shall use the form in Attachment B to this Notice.

4. If you are providing the above services in an emergency or exceptional situation, you are not required to comply with Education Code section 45125.1, above. An “emergency or exceptional” situation is one in which pupil health or safety is endangered or when repairs are needed to make a facility safe and habitable. The TCSD shall determine whether an emergency or exceptional situation exists. (Education Code, § 45125.1(b).)

5. If you are an individual operating as a sole proprietor of a business entity, you are considered an employee of that entity for purposes of Education Code section 45125.1, and the

7.4 Consent Page 13
12 TCSD shall prepare and submit your fingerprints to the Department of Justice as described in Education Code section 45125.1(a). (Education Code, § 45125.1(h).) I, Marc Mondell, as City Manager for the City of Tulare, have read the foregoing and agree that the City of Tulare will comply with the requirements of Education Code, § 45125.1 as applicable, including submission of the certificate mentioned above.

Dated:

Name: Marc Mondell
Signature:

Title: City Manager

7.4 Consent Page 14
13 ATTACHMENT A
Violent and Serious Felonies
Under Education Code sections 45122.1 and 45125.1, no employee of a contractor or subcontractor who has been convicted of or has criminal proceedings pending for a violent or serious felony may come into contact with any student. A violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code. Those felonies are presently defined as:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.

(4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.

(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5.

7.4 Consent Page 15
14 (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.

A serious felony is any felony listed in subdivision (c) Section 1192.7 of the Penal Code. Those felonies are presently defined as:
(1) Murder or voluntary manslaughter; (2) Mayhem; (3) Rape; (4) Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) Lewd or lascivious act on a child under the age of 14 years; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) Attempted murder; (10) Assault with intent to commit rape, or robbery; (11) Assault with a deadly weapon or instrument on a peace officer; (12) Assault by a life prisoner on a non-inmate; (13) Assault with a deadly weapon by an inmate; (14) Arson; (15) Exploding a destructive device or any explosive with intent to injure; (16) Exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) Exploding a destructive device or any explosive with intent to murder; (18) Any burglary of the first degree; (19) Robbery or bank robbery; (20) Kidnapping; (21) Holding of a hostage by a person confined in a state prison; (22) Attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) Any felony in which the defendant personally used a dangerous or deadly weapon; (24) Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) Grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault

7.4 Consent Page 16
15 with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision.

7.4 Consent Page 17
16 ATTACHMENT B
Form for Certification of Lack of Felony Convictions
Note: This form must be submitted by the owner, or an officer, of the contracting entity before it may commence any work or services, and before it may be present on TCSD property or being within the vicinity of TCSD pupils.

Entity Name: PROGRAM HOST
Date of Entity’s Contract with TCSD: 7/1/2023
Scope of Entity’s Contract with TCSD: 7/1/2023 through 6/30/2024 I, Marc Mondell, am the City Manager for the City of Tulare, which entered into a contract on July 1, 2023, with the Superintendent for the Tulare City School District ELOP services.

I certify that (1) neither the Entity, nor any of its employees who are required to submit fingerprints and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1; and (2) the Entity is in full compliance with Education Code section 45125.1, including but not limited to each employee who will interact with a pupil outside of the immediate supervision and control of the pupil’s parent or guardian having a valid criminal background check as described in Education Code section 44237.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Date: , 20 Signature:

Typed Name: Marc Mondell
Title: City Manager
Entity: City of Tulare

7.4 Consent Page 18
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Termination of Proclamation of Local Emergency

RECOMMENDED ACTION
Adopt a resolution terminating the Proclamation of Local Emergency declared on March 21, 2023, in response to significant weather activity.

SUMMARY
On March 14, 2023, the Fire Chief as the Director of Emergency Services for the City of Tulare declared a local emergency due to significant weather activity including rain, wind, and flooding in the City. As the City of Tulare Fire Department has mutual-aid agreements with many fire departments in the area, those fire departments were task saturated with their own emergency response issues due to the storm activity.

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

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution
Reviewed/Approved:

Item #: 7.5
Consent

7.5 Consent Page 1
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY DECLARED IN

RESPONSE TO THE SEVERE WEATHER ACTIVITIES
WHEREAS, on March 14 2023, the Fire Chief as the Director of Emergency Services for the City of Tulare declared a local emergency due to the severe weather activity to include rain, wind, and flooding in the City; and WHEREAS, on March 21 2023, the City Council of the City of Tulare ratified and adopted Resolution 2023-08 declaring a local emergency related to the severe storm events; and
WHEREAS, the original intent of the local emergency was to enable the Fire Chief as the Director of Emergency Services the powers, functions, and duties to execute oversight of all emergency services functions in response to the severe weather to protect life and property; and
WHEREAS, pursuant to Chapter 3.20 of the City of Tulare Municipal Code, the Director of Emergency Services has declared the existence of a local emergency and requests the City Council ratify and proclaim the same; and WHEREAS, the threat of any further severe weather including large amounts of rain, river or stream levees breaches, and peak water flows due to snow melt have minimized; and
WHEREAS, the City Council does hereby find that the aforementioned conditions of extreme peril presented have been abated to such a degree as to terminate the Proclamation of a Local Emergency (Resolution 2023-08).

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

Section 1. The Proclamation of a Local Emergency as declared by the City Council of the City of Tulare on March 21, 2023, by the adoption of Resolution 2023-08 is hereby terminated.

Section 2. This resolution shall be effective immediately.

PASSED, APPROVED, AND ADOPTED on this 18th day of July 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

7.5 Consent Page 2 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Self-Contained-Breathing-Apparatus (SCBA) Appropriation Request

RECOMMENDED ACTION
Authorize appropriation in the amount of $166,252.44 to finalize the purchase of the SelfContained-Breathing-Apparatus (SCBA).

SUMMARY
Due to a clerical oversight on consent item 13.15 (attached) from the December 20, 2022, Council meeting, requesting appropriations in the amount of $166,252.44 to finalize the purchase of the Self-Contained-Breathing-Apparatus (SCBA). On consent item 13.15, the box indicating additional funding request was marked “no” when it should have been marked “yes” to ensure funding was appropriated correctly for this purchase. Once complete, the FEMA Assistance to Firefighter Grant reimbursement in the amount of $186,340.00 can be processed.

FISCAL IMPACT & FUNDING SOURCE(S)
Funds are available in and will be appropriated from the Fire Equipment Replacement Account # 623-372-117.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Consent Item 13.15, December 20, 2022
Reviewed/Approved:

Item #: 7.6
Consent

7.6 Consent Page 1
Item #: 13.15
Consent

CITY OF TULARE

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

Authorize the City Manager to sign a contract with Cascade Fire Equipment Company to purchase 33 Self-Contained-Breathing-Apparatus (SCBA) and accessories in the amount of $352,592.44.

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

The Tulare Fire Department (TFD) has been awarded a FEMA Assistance to Firefighter Grant to replace all of the Self-Contained-Breathing-Apparatus (SCBA) and accessories within the department. The AFG is awarded in the amount of $186,340.00. The cost sharing for the City of Tulare $166,252.44. TFD will be utilizing the Draeger Sourcewell Contract #032620-DRG sole source to get the best price possible.

Additionally, TFD conducted extensive research and testing on three different SCBA manufactures to determine which would best fit the needs of the department for effective emergency response, the most cost effective, and proper use of funding. These new SCBAs will support emergency response operations for the next 15 years.

TFD has decided to stay with Draeger SCBAs which are currently in use. This strategic purchase helps minimize the training requirements by using a different manufacture’s equipment, eliminates the need to change out adapters on our SCBA fill station, and allows TFD to use current equipment already in place that interfaces with the Draeger SCBA equipment, thus allowing continuation of operations.

STAFF RECOMMENDATION:

Authorize the City Manager to sign a contract with Cascade Fire Equipment Company to purchase 33 Self-Contained-Breathing-Apparatus (SCBA) and accessories in the amount of $352,592.44.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☒No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:
623-4623-7702 $166,252.44
FEMA AFG $186,340.00

7.6 Consent Page 2 ATTACHMENT 1
Submitted by: Michael Ott Title: Fire Chief
Date: December 13, 2022 City Manager Approval: ____________

7.6 Consent Page 3

7.6 Consent Page 4

7.6 Consent Page 5
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Final Map Acceptance for Farrar Estates Phase 2

RECOMMENDED ACTION
Conditionally approve the Final Map and subdivision improvement agreement for Phase 2 of the Farrar Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to September 16, 2023.

SUMMARY
Planning Commission Resolution No. 5355 adopted on December 23, 2019, approved the tentative map for the Farrar Estates subdivision located on the west side of Morrison Street between Tulare Avenue and the Seminole Avenue alignment. The overall subdivision comprises approximately 76.5 acres. The proposed subdivision is being developed in phases.

Phase 2 of Farrar Estates subdivision consists of 115 single-family residential lots, and ten landscape and lighting district lots.

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

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

Item #: 7.7
Consent

7.7 Consent Page 1

LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in delay to the project schedule.

2. Deny – Construction of the proposed single-family residential construction project would not be permitted.

3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

ATTACHMENTS

1. A copy of the Planning Commission Resolution No. 5355

2. Farrar Estates Phase 2 Subdivision Agreement

3. Final map Farrar Estates Phase 2
Reviewed/Approved:

7.7 Consent Page 2
RESOLUTION NO. 5355

A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION MAP 2019-15-FARRAR AND
CONDITIONAL USE PERMIT 2019-19
WHEREAS, the City of Tulare Planning Commission held a regular meeting on December 23, 2019 to consider a request by Woodside Homes to subdivide approximately 76.5 acres into a 360-lot single family residential subdivision on property located on the west side of Morrison Street between Tulare A venue and the Seminole Avenue alignment (APNs 172-130-020, 172-090-029, 172-110-002, and 172-070-005); and,
WHEREAS, the City of Tulare Planning Commission determined that the proposed subdivision map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or improvements of the proposed subdivision are consistent with the Tulare General Plan; and,
WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the proposed density of the development; and WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and,
WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision; and,
WHEREAS, an Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant environmental impact with the incorporation of mitigation measures; and, Resolution 5355

Page 1 ends

Tentative Subdivision Map-2019-15- Farrar
Conditional Use Permit No. 2019-19

7.7 Consent Page 3 ATTACHMENT 1
WHEREAS, the City of Tulare Planning Commission detennined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and,
WHEREAS, the City of Tulare Planning Commission considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment with mitigation measures incorporated; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented:

1. That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

2. That the proposed location of the Tentative Subdivision Map and the conditions under which it would be built or maintained will not be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity.

3. That the proposed Tentative Subdivision Map will be in keeping with existing and future land uses on the site.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Tulare makes the additional following specific findings based on the evidence presented:
1) That the proposed location of the project is in accordance with the objectives of the Zoning Title and the purposes of the District in which the site is located. 2) That the proposed location of the use and the conditions under which it would operate or be maintained will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity. 3) That the proposed conditional use will comply with each of the provisions of the Zoning Title;
4) That the proposed use is consistent with the Tulare General Plan; 5) That the site for the proposed use is adequate in size, shape and location to accommodate the use the district for which it is proposed; BE IT FURTHER RESOLVED, that the Planning Commission hereby approves Tentative Subdivision Map 2019-15 (Farrar) and Conditional Use Permit No. 2019-19, subject to the following:

Resolution 5355 - ----- -- Page 2
Tentative Subdivision Map-2019-15- Farrar
Conditional Use Permit No. 2019-19

7.7 Consent Page 4
1) Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map.
2) Applicant to comply with all mitigation measures within the Initial Study/Mitigated Negative Declaration prepared for the project, which are hereby incorporated as Conditions of Approval.
3) Applicant shall comply with Engineering, Fire Department, Parks, and Solid Waste Division comments/conditions (Attachments V, VI, VII, VIII).
4) An existing oak tree is located on the northern boundary of the proposed development. The oak tree shall be located within a proposed out-lot and preserved in place and maintained in the future by the established Landscape Maintenance District.
5) Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site. 6) Final acceptance of the tract shall be contingent upon the subdividers' providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public W arks/Engineering Department.
7) Applicant shall establish a landscape maintenance district prior to the recordation of the final map. All landscape plans within the landscape maintenance district shall be consistent with city standards and approved by the Community and Economic Development Director and/or the City Engineer.
8) Applicant shall record a note on final map indicating that all residential lots are subject to a landscape maintenance district pursuant to the Landscape and Lighting Act.
9) Applicant shall record a document notifying homeowners that the subject property is within a landscape maintenance district.
10) Applicant shall submit four copies of a landscape and irrigation plan consistent with the City's landscape ordinance.
11) Six-foot public utility easements shall be granted along all front yards as required for public utilities.
12) Final subdivision map shall depict all easements.
--- - -- ------ Page3 ----------·- ----
Resolution 5355
Tentative Subdivision Map-2019-15- Fan-ar
Conditional Use Permit No. 2019-19

7.7 Consent Page 5
13) The applicant shall comply with the requirements of the Public Works Director and City Engineer regarding sewage disposal and water supply facilities.
14) All lots shall meet the provisions of the applicable zoning district. 15) Street names shall be consistent with street names approved by the Street Naming Committee, and approved by the Community & Economic Development Director.
16) Applicant to record a "Right to Farm" notice on final map. 17) A 7-foot block wall with backing lot treatment is required along Tulare A venue, Morrison Street and Seminole A venue. Final block wall design is subject to the Community & Economic Development Director's approval.
18) Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction. 19) Applicant to comply with San Joaquin Valley Air Pollution Control District Rule 9510 for the final map.
20) Recording of the final map is subject to City Council approval of General Plan Amendment No. 2019-02 and Zone Amendment No. 735.
21) Applicant to provide and locate mailbox clusters as approved by the U.S.

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

Pnrswmt to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, beings as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later changing such exactions.
23) Applicant to provide a retaining wall wherever adjacent lot grades exceed six inches.

Resolution 5355 Page4
Tentative Subdivision Map- 2019-15- Farrar
Conditional Use Permit No. 2019-19

7.7 Consent Page 6
Engineering:

STANDARD CONDITIONS OF APPROVAL:

SOILS:

The Subdivider shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings.

Said report shall be submitted to the City Engineer or Chief Building Official.

The Subdivider shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90% relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall be compacted to 95% relative compaction.

Compaction tests are required on all trenches. All soils testing shall be performed at the sole cost of the Subdivider. The Subdivider shall establish an account with a licensed and certified soil-testing firm acceptable to the City Engineer prior to the start of construction for compaction testing of trench backfill and fills. The City shall order and direct all compaction tests.

In addition to the requirements stated above, the soils report investigation will also test for environmentally persistent pesticides, in coordination with DTSC, and in accordance with DTSC's 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision).

STREETS:

Street design shall confonn to City of Tulare Design Guidelines and Public Improvement Standards. Street widths and design traffic indices shall be as noted in Attachment "A." The structural section of all streets shall be not less than the minimums requirements of the City of Tulare Design Guidelines and Public Improvement Standards. A greater thickness may be required by soils test results and engineered structural section calculations. The design of the pavement structural section for streets shall be asphalt concrete over aggregate base materials.

R-Value tests shall be taken for the design of all pavement areas to be constructed by this project. The spacing of said R-Value tests shall not be more than 400 feet apart, per linear foot of paving.

All streets shall have the City standard cross section with curb, gutter and sidewalk.

All utility services shall be placed in the streets prior to paving.

Compaction tests are required on all street subgrades. All soil testing shall be performed at the sole cost of the Subdivider.
---------------- Page 5
Resolution 5355
Tentative Subdivision Map-2019-15- Farrar
Conditional Use Permit No. 2019-19

7.7 Consent Page 7
Local street corner bulb connections, 90 degree non-bulb connections, and residential cul-de-sacs shall match curb face radii shown on City Standard Drawings No. 7120, 7121, and 7130 respectively. Radii at proposed right-of-way line shall be consistent with proposed sidewalk configuration.

The centerlines of all streets shall be the continuations of the centerlines of existing streets, or shall be offset at least two hundred (200) feet.

The centerline curve radius for roadway design shall be a minimum of 250 feet for local streets, 600 feet for collector streets, and 1,200 feet for arterial streets. Provision for a smaller radius shall be subject to the approval of the City Engineer.

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

Driveway widths and spacing shall conform to requirements of City Code and the City of Tulare Design Guidelines and Public Improvement Standards.

Side lines of all lots wherever practicable shall be at right angles or radials to the centerline of the street.

Prope1iy line chamfers or radii are required at all street intersections per the requirements of the City of Tulare Design Guidelines and Public Improvement Standards.

The maximum slope adjacent to the back of any public sidewalk shall not exceed 5: 1 for the first 5 feet. For Landscape and Lighting Act District parcels, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed 10: I.

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

A ban·icadc and a 2" x 8" rough redwood header shall be provided at dead end streets. As an option, an additional I-foot of paving beyond the required limits of paving may be installed in lieu of a redwood header.

In conformance with Section 8 .24.450 (A) 10 of the City of Tulare Municipal Code, "each street intersection shall be as near to a right angle as practicable." If work by the Subdivider or his contractors render any existing City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer. Thenceforth, the Subdivider shall maintain the street in its repaired state for the duration of the development's construction activities.

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The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. All work identified as "oversize improvements" must be performed at prevailing wage rates to be digible for reimbursement. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements.

Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds. The City reserves the right to reduce the reimbursable cost if deemed excessive by the City Engineer.

UTILITY RELOCATIONS AND UNDERGROUNDING REQUIREMENTS:

The Subdivider shall be responsible for all costs associated with the removal, relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements. All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the subdivision bonds.

SANITARY SEWERS:

Sanitary sewers shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

Sewer laterals shall be installed to the property lines of all lots before the streets are surfaced. Laterals shall be located in accordance with the City of Tulare Design Guidelines, unless otherwise approved to accommodate driveway approach locations.

All sewer lines shall pass both mandrel and air pressure tests, and shall be subject to video inspection by the City. The cost of one video inspection of the Development's entire sewer line improvements shall be paid prior to recordation of the final map at the rate established at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. All work identified as "oversize improvements' must be performed al prevailing wage rates to be eligible for reimbursern.enl. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements.

Resolution 5355 Page 7
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Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds. The City reserves the right to reduce the reimbursable cost if deemed excessive by the City Engineer.

STORM DRAINAGE:

The storm drain system shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

All pipe sizes where necessary shall be adjusted to carry the design flow at the final design slope.

All gutter runs shall be limited to 1000 feet by installing pipe and storm water inlets.

The minimum slope around curb returns shall be 0.64%.

All storm drain lines shall be subject to video inspection by the City. The cost of one video inspection of the Development's entire storm drain line improvements shall be paid prior to recordation of the final map at the rate established at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. All work identified as "oversize improvements" must be performed at prevajline- wage rat s l be eligible fo.r reimbursement. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements.

FIRE HYDRANTS:

Fire hydrants are to be located as required by the Fire Chief and City Engineer.

EASEMENTS:

Easements will be required for all utilities outside of dedicated rights-of-way. Six-foot Public Utility Easements will be required along all street frontages.

The Subdivider shall submit to the City of Tulare a title report for areas outside of the parcel to be developed where easements are to be dedicated for City utilities.

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WATER SUPPLY:

Water mains shall be designed and constructed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards.

Water services shall be installed to the property line of all lots before the streets are surfaced. Services shall be located- in accordance with the City of Tulare Design Guidelines. The minimum horizontal distance between outside of pipe to outside or pipe for water services and sewer laterals shall be 10 feet.

The Engineer shall propose locations for water services that will accommodate ultimate driveway approach locations.

Individual 1" polyethylene water services with meter boxes and meter idlers per City standards shall be installed to all single-family residential lots.

The City shall reimburse the Subdivider for oversize costs for any facilities designated "masterplan facilities" by the City Engineer, subject to review and approval of costs prior to installation. All work identified as "oversize improvements" must be performed at prevailing wage rates lo be eligible for reimbursement. Within 90 days following the notice of completion of the project, the Subdivider shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Subdivider shall not be eligible for any reimbursements.

Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Subdivider.

STREET NAMES:

Street names shall be approved by the Planning Director.

Street name sign posts shall be installed at each intersection as required by the City Traffic Engineer, and the Subdivider shall pay for the new street name signs and mounting hardware prior to recordation of the final map, at the rate established at the time of recordation of the final map. Actual installation of the street name signs shall be completed by City personnel at such time that the development reaches a sufficient state of completion.

TRAFFIC SIGNS:

Types, sizes and locations of traffic signs shall be as required by the City Traffic Engineer and City standards.
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PAVEMENT DELINEATION:

The Subdivider shall install and/or replace traffic stnpmg, pavement markers, and pavement markings as required by the City Traffic Engineer.

STREET LIGHTS AND ELECTRICAL SERVICE:

The Subdivider must make provisions for the underground installation of electrical services and street lighting. Pole type shall be marbelite. Fixture type shall be LED unless otherwise approved by City Engineer. Design of the street lighting system shall comply with the City of Tulare Design Guidelines and Public Improvement Standards, and shall be subject to the approval of the City Engineer. The cost of the systems shall be included in the subdivision bonds.

GAS SERVICE:

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

PRIVATE IRRIGATION PIPELINES:

Existing private inigation pipelines will need to be removed within street right of ways.

IRRIGATION CANALS:

Other than TID's Main Canal, if any portion of an existing irrigation canal (including ditch banks and maintenance access roads) falls within the development, said ditch shall be piped, relocated, or abandoned in accordance with Section 8.24.500 (H) of the City of Tulare Municipal Code and shall be so designated on the plan drawings. The proposed method of piping shall be shown on one of the master plans, if full piping does not occur within the first phase. The TIO Main Canal can be left open, with the installation of fencing and an adjacent 25' wide alley or multi-use trail, as approved by the City and TIO.

TELEPHONE/CABLE:

The Subdivider must make provisions for the installation of underground telephone and cable service.

EXISTING STRUCTURES:

Any existing structures within the subdivision boundary shall be removed.

WELLS:

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Any existing wells on the site shall be abandoned and sealed in accordance with City standards.

ELEVATIONS:

Any elevations shall be based on the official City of Tulare datum.

GENERAL CONDITIONS:

All design and construction shall be in accordance with all applicable City Standards, Specifications, Ordinances, and Standard Operating Procedures, unless specifically modified elsewhere in these conditions. These engineering considerations are intended to deal with major issues apparent to this office while reviewing this tentative map. Nothing in these conditions precludes our office from applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction.

A City encroachment permit is required for any work to be performed within existing City rights-of-way or easements. A traffic control plan subject to the approval of the City Engineer is required for any work that will impact existing roadways. Encroachment permits may also be required by the State, Tulare Irrigation District and/or Union Pacific Railroad for any work impacting their rights-of-way, easements or facilities.

ADDITIONAL REQUIREMENTS.

Submit closures and tabulation of areas (square feet) of all lots within the subdivision. A blue line area shall also be submitted.

Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the improvement drawings for final checking.

Following approval of the final map, provide the City of Tulare with an electronic copy.

Following approval of the improvement drawings, provide the City of Tulare with one reproducible copy, four ( 4) prints and an electronic copy. This shall be done prior to scheduling any pre-construction conferences or commencing any improvements.

Submit to the City of Tulare a title report for the parcel(s) to be developed.

The Subdivider's engineer will be required to certify in writing that all lot grading has been performed in accordance with the approved lot-grading plan prior to issuance of any building permits.

Prior to the start of construction, a meeting will be called by the City Engineer with the Subdivider, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to Resolution 5355 ------- Page11
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guarantee that all City requirements are met. The Contractor shall perform no construction in the field until after this meeting.

This project involves construction activity including clearing, grading and excavation which may require the filing a Notice of Intent with the State Water Resources Control Board under the General Permit to discharge storm water associated with construction activity, the preparation of a storm water pollution prevention plan, and monitoring program.

Prepared By: Jan Bowen, Senior Engineer
Approved By: Michael W. Miller, City Engineer
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ATTACHMENT "A"
The engineering considerations checked below shall be made a condition of approval of the subject subdivision.
1) A master plan for street layout for the entire development shall be submitted for approval prior to approval of any portion thereof.
2) Roadway design criteria shall be as indicated below. Structural section design shall be based upon the indicated traffic index, but shall not be less than the minimum requirements of the City of Tulare Design Guidelines and Public Improvement Standards:

Sidewa
Traffic lk Sidewalk
Roadway Classification Index Width Configuration
a) Seminole Ave. 72 ft Collector 6.5 5 ft Parkway
b) Morrison St. 72 ft Collector 6.5 10 ft Class 1 Bike Path Interior Local Parkway (typical),
c) Streets 56 ft Local 5.0 5 ft meandering for
linear park spaces
d) Cul-de-sacs 52 ft Cul-de- 4.5 5 ft Parkway sac
e) Tulare Ave. (SR- Per Caltrans Requirements 6 ft
137) Parkway
■ The Subdivider shall be responsible for the following minimum improvements to existing Arterial streets:
■ Full paveout from lip of gutter to the existing edge of pavement:

Tulare Avenue (State Route 137)
■ Provide a pavement transition from the existing roadway crosssection to the new roadway cross-section , of a width and length as approved by the City Traffic Engineer
■ Other: Additional as required by Caltrans (SR-137).
■ The Subdivider shall be responsible for the following minimum improvements alpng existing non-arterial streets adjacent to this development:
■ Full paveout, from lip of gutter to the existing edge of pavement:

Morrison Street.

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■ Reconstruction of the following portions of existing pavement:

Full depth reconstruction of the west half of Morrison Street. ■ Rehabilitation of the following portions of existing pavement, by methods approved by the City Engineer: 2-inch grind and overlay of the remaining east side of Morrison Street.
3) Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: Seminole Avenue, Morrison Street and Tulare Avenue (State Route 137).
4) Waiver of direct access rights shall be provided as follows: Seminole Avenue, Morrison Street, Tulare Avenue (State Route 137). 6) The development shall incorporate the following bicycle/pedestrian facilities :

Class 1 Bike Path along Morrison Street. Class 1 Bike Path shall be consistent with City Standard Drawing No. 7080.
7) As the project develops, each phase of the development shall incorporate the Transportation Mitigation Measures identified in the Mitigated Negative Declaration
8) The proposed development is included in Landscape & Lighting Assessment District No. 2005-06. The district was established for the maintenance of common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local streets. Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District. A new landscape and lighting assessment district shall be established for maintenance of the project drainage basin. park areas. and Class 1 trail along the project's Morrison Street frontage.
9) A landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase to assist City staff in the formation of the Landscape & Lighting District. The landscape & irrigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 days before approval of the final map or approval of the improvement plans (whichever comes first).
10) A master plan for sanitary sewer for the entire development shall be submitted for approval prior to approval of any portion of the system. 11) The sanitary sewer alignments shall be 6 feet north and/or east of street centerline, unless other alignments are approved by the City Engineer. 12) A master plan for storm drainage for the entire development shall be submitted for approval prior to approval of any portion of the system. 13) A grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road frontages in such a manner that runoff is not diverted --------
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to adjacent property. On-site retention of storm water runoff is ■ required D not required.

A letter verifying that lot grading wa.s completed in accordance with the approved grading/ drainage plan shall be prepared by a Registered Civil Engineer or Licensed Architect and submitted to the City Engineer prior to the issuance of a notice of completion. The Engineer or Architect shall affix their stamp and seal to the letter.
14) The storm drain alignments shall be 11 feet south and/or west of centerline unless other alignments
are approved by the City Engineer.
15) A master plan for water for the entire development shall be submitted for approval prior to approval of any portion of the system. 16) The water main alignments shall be 6 feet south and/or west of street centerline, unless other
alignments are approved by the City Engineer.
17) A water sampling station shall be installed as follows: One location to be determined by the City Water Superintendent.
18) Miscellaneous Comments:
a) The developer shall provide an irrevocable offer of dedication of right-ofway for a future roundabout at the intersection of Seminole Avenue and Morrison Street with the development of Phase 4. The exact design, approach radii , and dimensions will be subject to engineering review during the design review period . The developer shall provide 30% design plans for the future roundabout as justification for the proposed irrevocable offer of dedication of right-of-way.
b) Seminole Avenue to transition from existing 64' ROW to 72' ROW beginning at west end of project boundary. Jf>
c) Developer shall provide a minimum of ~eet of asphalt paving width along Seminole Avenue, plus room for a 5 foot drainage swale on the undeveloped side (47' minimum right-of-way).
d) Developer shall extend the existing 1 O" sewer line from the adjacent subdivision to the west along Sand Hills Avenue to Morrison Street. The oversizing from an 8" to 1 O" sewer line is eligible for reimbursement through the City's oversize construction reimbursement policies.

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ATTACHMENT "B"
The Subdivider shall pay to the City at the time of approval of the final map all applicable fees, including, but not limited to, those checked below:

Benefit Districts
■ 1) Sewer front foot charges: $ TBD per front foot for frontages on Tulare Avenue.

D 2) Sewer Lift Station Fee of $ __ per acre.
■ 3) Water front foot charges:$ 17.50 per front foot for frontages on Tulare Avenue.

D 4) Street front foot charges: $ __ per front foot for frontages on __ ■ 5) Benefit District Creation Fee (if applicable): $ 1,008.19 per district.

D 6) Other: __
Special In-Lieu Fees
D 6) Traffic Signals Fee: $ __
0 7) TIO Ditch Piping Fee:$ __
D 8) Sewer Main Fee: $ __
D 9) Water Main Fee: $ __
D 1 0)Street Fee: $ __
D 11)Other Fees: $ __
Plan Check. Inspection, and Impact Fees
■ 12)Engineering Inspection Fee to be based on a percentage of the estimated cost of construction.
■ 13)Development Impact Fees to be paid with Building Permit. ■ 14)Engineering Plan Review Fee to be paid at time of submittal.. ■ 15) Final Map Plan Check Fee to be paid at time of submittal.

All fees shall be based on the current fee schedule in effect at the time of recordation of the final map.
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Fire:

1. The project must comply with all of the latest applicable codes.

2. Additional fire hydrants shall be required. Fire hydrant spacing shall be as follows:
a. Residential development, one hydrant shall be installed at 500-foot intervals.
b. Divided Highway, one hydrant shall be installed at alternating 500-foot intervals.

3. An approved water supply for fire protection shall be made available prior to combustible materials arriving on the site.

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

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

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

7. All dead-end access roads in excess of 150 feet must be provided with an approved tum-around complying with City standards.

Solid Waste:

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

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

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

Resolution 5355

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

5. Paved areas should be engineered to withstand a 60,000 lb. refuse truck.

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

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

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

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

All projects that require a landscaping and irrigation plan pursuant to Chapter 10.196 of MC shall comply with the following development standards:

GENERAL STANDARDS:

All landscape development over 500 square feet (new) or 2,500 square feet (rehabilitated) that requires a permit, plan check or design review shall meet the water efficiency and site design requirements detailed in other sections of the Landscape Ordinance Chapter

10.196 of the Municipal Code. The project applicant, and owner (if different) shall sign the Landscape Documentation Package as required in § 10.196.060(B)(l )(i).

Elements of the Landscape Documentation Package:
(A) Projects 2.500 square feet and less: Projects 2,500 square feet and less may comply with the requirements of this chapter by conforming to the prescriptive measures.

Compliance with all of the items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option.

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(B) Any project including all projects over 2-500 square feet: The Landscape Documentation Package shall include the following six elements:
( 1) Project information;
(a) Date;
(b) Project applicant;
( c) Project address (if available, parcel and/or lot number( s )); (d) Total landscape area (square feet);
(e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeownerinstalled); (f) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor;
(g) Checklist of all documents in Landscape Documentation Package; (h) Project contacts to include contact information for the project applicant and property owner;
(i) Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."
(2) Water Efficient Landscape Worksheet;
(a) Hydro zone information table.
(b) Water budget calculations.

1. Maximum applied water allowance (MAW A).

2. Estimated total water use (ETWU).
(3) Soil management report;
( 4) Landscape design plan;
(5) Irrigation design plan; and
(6) Grading design plan.

Landscape and irrigation plans for indi viduaJ residenti al lots are to be submitted to the Building Department along with building permit submittals for review and approval.

Attachment "A" are copies of the landscape prescriptive compliance and sample landscape plan and water calculation sheets. A complete copy of the City's landscape standards may be viewed on-line at www.tulare.ca.gov.

ADDITIONAL REQUIREMENTS:

Landscape and irrigation plans for all conunon area landscap out lots shall be master planned (including size and points of water service connection, booster pump location, mainline size and sleeve locations) and shall be submitted as part of the subdivision Master Utility and Street Plan submittal.
l. All landscaping on city-owned property shall conform to City landscaping and irrigation standards including the City of Tulare Community Services Department Resolution 5355 Page19
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(Parks, Recreation and Library Division) Improvements Standards; area specific plans and other applicable documents.

2. The maintenance and upkeep of all proposed Outlots and Pocket Park are to be part of the Landscape and Lighting District that shall be formed in conjunction with this subdivision.

3. It is recommended that the proposed park area be developed as at-grade open space with an ADA compliant walking path around the perimeter of Outlot V.

4. Proposed Pocket Park and proposed Outlots shall be separated from adjacent residential lots (1, 9, 10, 34, 44, 45, 59, 60, 74, 75, 92, 97, 98, 106, 125, 126, 144, 145, 163, 168,169,216,217,228,229,240,241,252,292,326,330,331,347, 348, and 360) by a block wall, subject to applicable zoning height restrictions.

5. Proposed Pocket Park is not eligible for Park Development Impact Fee credits and shall be constructed as part of the proposed subdivision.

6. Proposed Pocket Park amenities shall include but not limited to turf, trees and landscape plantings, 6 ft. wide ADA compliant walking path with low level lighting, and multiple benches and trash receptacles.

7. All Outlot landscape and irrigation improvement plans shall be reviewed and approved by the Community Services Director and City Engineer.

8. Prior to the start of construction of landscape and irrigation improvements on all Outlots, a meeting will be held by the Community Services Director with the Subdivider and Contractor to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City landscape and irrigation requirements are met. The Contractor shall perform no construction in the fielrl 11ntil flfter this meeting.

9. All common area landscaping and irrigation areas, Outlots and Pocket Park shall be subject to a 12 month maintenance period after the Notice of Completion has been issued.

10. Existing Valley Oak Tree (located adjacent to lot # 142, south of Seminole Alignment) shall be protected in place and subject to an inspection by a Ce1iified Arborist to ascertain the health and overall condition of the tree. Upon recommendation of the Certified Arborist, subject tree shall be pruned in conformance with City MC Section 8.32.130 Preservation of Heritage Trees. A pruning permit shall be obtained from the Parks Division before any work may begin.

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PASSED, APPROVED AND ADOPTED this twenty-third day of
December, 2019 by the following recorded vote:

A YES: __.ee---\,-= ,~--=-~~tnx=-----, · -,,_ ____..__,,{9f~_Lu"-----=-~~0 _ _ _ NOES: ---~~--'------=----=----h'-,vq1--·~~---Y-L-~ - "'.---=---'~-------- --- - ABSENT: ---------- ~ ----------- --- ---
ABSTAIN: --------tee==------,,<------------ - --- -----

MIGUEL,
~ CHAIRMAN
City Tulare Planning Commission
- - ----------
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Subdivision Agreement 1
Final Map of Farrar Estates Phase 2
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,

NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
Farrar Estates Phase 2, in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )

SUBDIVISION AGREEMENT
FINAL MAP OF FARRAR ESTATES PHASE 2
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and Woodside 06N, LP, a California Limited Partnership by WDS GP, Inc., A California Corporation, its General Partner located at 9 River Park Place East STE 430 Fresno, CA 93720, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:

PHASE II OF VESTING TENTATIVE MAP FARRAR ESTATES IN THE CITY OF TULARE,

COUNTY OF TULARE, STATE OF CALIFORNIA SURVEYED AND PLATTED IN SEPTEMBER 2019.

B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.

C. Subdivider desires and agrees to complete the improvements required by Resolution 5355 for APPROVING TENTATIVE SUBDIVISION MAP 2019-15-FARRAR AND CONDITIONAL USE PERMIT 2019-19 dated December 23, 2019 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.

D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a

7.7 Consent Page 24 ATTACHMENT 2
Subdivision Agreement 2
Final Map of Farrar Estates Phase 2
part of this Agreement.

AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permits shall be issued for any lot of the Subject Property until intersection improvements at Tulare Avenue (State Route 137) and Morrison Street required by the conditions of approval and approved improvement plans for Phase 1 of the Farrar Estates subdivision have been completed, and the intersection is operational.
b) Subject to completion of the minimum required subdivision improvements listed in subsection (a), no building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:

7.7 Consent Page 25
Subdivision Agreement 3
Final Map of Farrar Estates Phase 2
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, v) Fully functional storm drainage lines and facilities, vi) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vii) All lot corners marked.
c) Subject to completion of the minimum required subdivision improvements listed in subsection (a) and (b) above, building permits may be issued on up to 50% of the lots of the Subject Property, provided that issuance of said building permits is in accordance with the Planning and Building Department’s policies and procedures in effect at the time the permit is requested. d) The final 50% of the building permits for the lots of the Subject Property may be issued in accordance with the Planning and Building Department’s policies and procedures in effect at the time the permit is requested, provided that:
i) the minimum required subdivision improvements listed in subsection (a) and (b) above have been completed, and
ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and pond fencing. e) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, regardless of the number of building permits previously issued. f) Except as allowed by the City’s Model Home Policies, no occupancy shall be allowed for any building permit issued on any lot of the Subject Property until all requirements listed in subsection (a), (b), and (d) above have been satisfied..
7) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 8) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such

7.7 Consent Page 26
Subdivision Agreement 4
Final Map of Farrar Estates Phase 2
fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 9) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as oblige, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 10) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

7.7 Consent Page 27
Subdivision Agreement 5
Final Map of Farrar Estates Phase 2
the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.
13) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.

Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected.

All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.

Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 14) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 15) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
16) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City

7.7 Consent Page 28
Subdivision Agreement 6
Final Map of Farrar Estates Phase 2
including the Tulare Municipal Code, City Charter, and Building Codes. 17) Prevailing Wages. Subdivider shall:
a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”). 18) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 19) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
20) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
21) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
22) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
23) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 24) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 25) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder.

7.7 Consent Page 29
Subdivision Agreement 7
Final Map of Farrar Estates Phase 2
26) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 27) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE WOODSIDE 06N, LP, A CALIFORNIA LIMITED
a Municipal Corporation PARTNERSHIP
BY: WDS GP, INC., A CALIFORNIA
CORPORATION, its GENERAL PARTNER
By: By:

Marc Mondell, City Manager
Name:

Title:

ATTEST:

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

7.7 Consent Page 30
Subdivision Agreement 8
Final Map of Farrar Estates Phase 2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

7.7 Consent Page 31
Subdivision Agreement 9
Final Map of Farrar Estates Phase 2

SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. {Doc. No. } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of [including Addendum to Subdivision Agreement for Rights of Way Acquisition]}.

DATED: ____________________, 20___

BENEFICIARY
By: ________________________________________
Print Name: ________________________________________
Title: ________________________________________
(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)

7.7 Consent Page 32
Subdivision Agreement 10
Final Map of Farrar Estates Phase 2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

7.7 Consent Page 33
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

Performance Bond Amount*
(10% of Completed Work + 100% of Uncompleted Work) $3,924,989.98 Payment Bond Amount*
(50% of Uncompleted Work) $1,896,572.15
Maintenance Bond Amount**
(10% of Required Improvements ) $511,160.11
EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
FARRAR ESTATES 2
Bond Type Required Bonding
Amount

7.7 Consent Page 34
Item
Total Estimated
Cost of Oversize
Improvements
Street Oversize Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Roadway Excavation (x" vs y") Material Cost for Supplemental Aggregate Base Material (x" vs y") Material Cost for Supplemental Asphalt Concrete Material (x" vs y") Supplemental Right-of-way Dedication (x s.f. vs y s.f.) Traffic Signal Improvements:

Other:

Sanitary Sewer System Improvements, including but not limited to: $3,284.35 Street Name: Morrison Street
Material Cost for Supplemental Sewer Main Size (8" vs 10") $3,284.35 Material Cost for Supplemental Sewer MH Size (Type II vs Type I) $0.00 Lift Station Improvements: $0.00
Force Mains: $0.00
Storm Drain System Improvements, including but not limited to: $0.00 Street Name: None
Regional storm drain mains (x" diameter)
Regional storm drain manholes (Qty. = )
Ponding Basin (Land Cost, Excavation, Fencing, Frontage Improvements) Lift Station Improvements:

Force Mains:

Water System Improvements, including but not limited to: $9,255.92 Street Name: Morrison Street
Material Cost for Supplemental Water Main Size (8" vs 12") $7,279.92 Material Cost for Supplemental Water Appurtenances (8" vs 12") $1,976.00 Well/Storage Tank Site (Land Cost, Frontage Improvements) $0.00 Total Estimated Oversize Costs $12,540.27
EXHIBIT "B"
Estimated Oversize Improvement Costs
FARRAR ESTATES 2

7.7 Consent Page 35
Account No.

Transaction No. R/C No. Description of Charge Quantity Unit Cost Total Amount 001-3247-001 1391 S-29 Public Inspection Fee 1 $108,282.02 $108,282.02 010-3265 3060 Backflow Test $91.00 $0.00
010-3270-3 3073 Water Pressure Test 1 $264.00 $264.00
010-3270-004 3074 Water Purity Sample 18 $227.00 $4,086.00 015-3265 3420 Sewer Front Foot $28.00 $0.00
010-3265 3060 Water Front Foot $19.00 $0.00
001-3265 9260 Street Front Foot $0.00
001-3252-002 1472 S-37 Benefit District Creation $1,458.00 $0.00 015-260-047 9260 Del Lago - Hillman St $0.00
001-260- 9260 Storm Drain Benefit District $0.00
001-260 9260 T.I.D. Benefit District $0.00
001-260-053 9260 T.I.D. Ditch Piping $0.00
001-3249- 141 Storm Drain Acreage $0.00
001-260-055 9260 Off-site Street Improvements $0.00
$0.00
001-3266-000 1611 Street Signs (Street Names per blade) 24 $276.00 $6,624.00 001-3120-2 1252 Street Easement/Abandonment $1,791.00 $0.00 TOTAL $119,256.02
LESS PREVIOUSLY PAID $0.00
LESS CREDITS ($19,782.00)
AMOUNT DUE $99,474.02
Front Foot Fees
Benefit Districts
In-Lieu Fees
Non-Bonded Improvements
Other
EXHIBIT "C"
FARRAR ESTATES 2
Inspection, Testing and Construction:

7.7 Consent Page 36
Coverage Afforded Limits of Liability
Worker’s Compensation: Statutory
Commercial General Liability Insurance Including:
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including:
a) Non-owned
b) Leased
c) Hired Vehicles
$2,000,000 Bodily Injury and
Property Damage, Combined
Single Limit
$2,000,000 Bodily Injury and
Property Damage, Combined
Single Limit
EXHIBIT "D"
Minimum Insurance Requirement, Converge Types, and Amounts FARRAR ESTATES 2

7.7 Consent Page 37

7.7 Consent Page 38
ATTACHMENT 3
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Construction Management Contract for Project FM0046 – Courthouse Renovation and Parking Lot Rehabilitation

RECOMMENDED ACTION
Authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $387,635 for construction management services associated with City Project FM0046, a capital improvement project to renovate the former Tulare-Pixley County Courthouse and rehabilitate the City Hall Parking Lot; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($38,764) of the contract amount, and approve the updated project scope and budget.

SUMMARY
In conjunction with the City’s acquisition of the former Tulare County Courthouse building located adjacent to City Hall, the need to make improvements to the existing building and surrounding adjacent parking lot were identified. Improvements to the courthouse building are necessary for the City to occupy it as desired. At this time, the City plans to utilize a portion of the building for the Police Department to expand its office space and allow for social distancing requirements of COVID 19. The remaining space will be improved for use as a Small Business Incubator and Maker Space to encourage small businesses who might have otherwise launched during the pandemic. ADA compliance improvements, electrical and mechanical upgrades, and minor aesthetic improvements will be required to facilitate these uses.

On April 17, 2023, the City advertised for construction bids for Project FM0046. No bids were received on the bid opening date of May 18, 2023. Feedback from prospective bidders indicated that their work schedules were already filled for the majority of the required construction schedule. City staff identified an alternative path to construct the project using one of the firms that is included in the City’s existing on-call construction management consultant list. The selected construction management firm will provide vertical construction management services, in which they will subcontract and oversee out the various construction tasks necessary to complete the project subject to the approved plans and specifications.

Item #: 7.8
Consent

7.8 Consent Page 1
A Request for Proposals for On-Call Construction Management, Resident Engineer and Inspection Services was issued on February 4, 2020, out of which two firms were recommended for inclusion on a list of prequalified Construction Management, Resident Engineer and Inspection consultants. The Staff recommended list was approved by the City Council at their April 7, 2020, meeting.
4Creeks of Visalia, CA is included on the list of pre-qualified On-Call Construction Management, Resident Engineer and Inspection Consultants and has demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the work on this project. 4Creeks has reviewed the scope of this project and has proposed to perform construction management services on a time and materials basis, not to exceed $387,635.00, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work. It is also within the budgeted amount for this work on this project.

Various other consultant contracts will be required for the construction of this project, including labor compliance monitoring, materials testing and construction surveying. These contracts will be brought to Council for authorization at a future meeting.

FISCAL IMPACT & FUNDING SOURCE(S)
Refer to attached Project Sheet.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes: N/A

2. Deny: N/A

3. Table: N/A

ATTACHMENTS

1. Revised Project Sheet for FM0046 – Courthouse Renovation and Parking Lot Rehabilitation
Reviewed/Approved:

7.8 Consent Page 2
Prior Years
Remaining
Year 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028
Costs Description
010 -Conceptual $0 $0 $0 $0 $0 $0 $0 $0
0202 - Engineering $0 $0 $0 $0 $0 $0 $0
020 - Preliminary Design $14,860 $485,140 $0 $0 $0 $0 $0 $500,000 0610 - Property Acquisition $14,860 $485,140 $0 $0 $0 $0 $0 030 - Environmental $0 $3,000 $0 $0 $0 $0 $0 $3,000
0998 - Development Services Time $0 $3,000 $0 $0 $0 $0 $0 040 - Final Design $397,862 $0 $0 $0 $0 $0 $0 $397,862
0202 - Professional Services/Consultant $384,647 $0 $0 $0 $0 $0 $0 0996 - Project Management Time $10,326 $0 $0 $0 $0 $0 $0 0998 - Development Services Time $2,889 $0 $0 $0 $0 $0 $0 050 - Construct/Impliment $18,107 $0 $5,639,411 $0 $0 $0 $0 $5,657,518 0204 - Construction Management $0 $0 $387,635 $0 $0 $0 $0 $387,635 0205 - Labor Compliance $0 $0 $25,500 $0 $0 $0 $0 $25,500 0224 - Surveyor $0 $0 $90,420 $0 $0 $0 $0 $90,420
0601 - Construction Costs $0 $0 $4,521,000 $0 $0 $0 $0 $4,521,000 PROJECT #:
(Capital)
Courthouse Renovation and Parking Lot Rehabilitation
1, 2, 3, 4, 5
(Capital)
District(s):

FM0046
Total Unfunded
Fiscal Year
6/30/2024
FUTURE M & O:
(Additional Cost & Department Responsibility)
TBD
PROJECT STATUS: Underway
PROJECTED START DATE: 7/1/2022
PROJECTED END DATE:

Michael Miller
PROJECT DESCRIPTION & PURPOSE: The City has acquired the former Tulare County Superior Court building located immediately adjacent to Tulare City Hall. As a result of the acquisition, the City owns the entire City Hall block. The Project will renovate the former Courthouse to provide additional space for Police Department personnel and operations, with the remainder of the building housing a business incubator function in conjunction with the Chamber of Commerce. The project will also renovate the existing on-site parking lot, including the addition of security fencing and gates.

KEY POINTS:
2023 - 2028 CIP Facility Maintenance
CRITERIA (1-8): Criteria 5: Project extends an existing City Program or function to meet the Council's vision and explicit direction.

PROJECT MANAGER:
15 7.8 Consent Page 3 ATTACHMENT 1
0612 - Materials Testing $0 $0 $113,025 $0 $0 $0 $0 $113,025 0996 - Project Management Time $0 $0 $45,210 $0 $0 $0 $0 $45,210 0998 - Development Services Time $0 $0 $4,521 $0 $0 $0 $0 $4,521 0999 - Contingency $18,107 $0 $452,100 $0 $0 $0 $0 $470,207 060 - Close Out $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Costs: $430,829 $488,140 $5,639,411 $0 $0 $0 $0 $6,558,380 $0 Funding Sources
Fund 028 - ARPA Funds $0 $0 $1,300,000 $0 $0 $0 $0 $1,300,000 $0 Fund 601 - Other General Fund CIP $0 $0 $3,558,380 $0 $0 $0 $0 $3,558,380 $0 Fund 780 - 2018 Lease Revenue Bonds $0 $918,969 $781,031 $0 $0 $0 $0 $1,700,000 $0 Total Funding: $0 $918,969 $5,639,411 $0 $0 $0 $0 $6,558,380 $0 G/L #'s:

Notes:
16 7.8 Consent Page 4
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Final Map Acceptance for Oakcrest Phase 2 Subdivision

RECOMMENDED ACTION
Conditionally approve the final map and subdivision improvement agreement for Phase 2 of the Oakcrest Subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to September 16, 2023.

SUMMARY
Planning Commission Resolution No. 4643, adopted on June 19, 2006, approved the tentative map for the Oakcrest Subdivision (previously known as the Shenandoah Park Subdivision) located half a mile west of West Street on Tulare Avenue. The overall subdivision comprises approximately 46 acres consisting of 206 lots and is being developed in two phases.

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

LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in delay to the project schedule.

2. Deny – Construction of the proposed single-family residential construction project would not be permitted.

3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

ATTACHMENTS

1. A copy of the Planning Commission Resolution No. 4643.

2. Oakcrest Phase 2 Subdivision Agreement

3. Oakcrest Phase 2 Final Map
Reviewed/Approved:

Item #: 7.9
Consent

7.9 Consent Page 1
RESOLUTION NO. 46lA3

A RESOLUTION OF TIIE CITY OF TULARE PLANNING COMMISSION

APPROVING TENTATIVE STJBDIVISION SHENANDOAH PARK
WHEREAS, the City of Tulare Planning Commission at a regular meeting held on June19, 2006 to consider a request by Taggart Land Company for a tentative subdivision for approximately 46 acres into 206 single family lots located at Tulare Avenue and Enterprise Street; and,
WHEREAS, the City of Tulare Planning Commission determined that the proposed map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or the improvements of the proposed subdivision is consistent with the General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of density proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and,
WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with public easements through the property; and,
WHEREAS, the City of Tulare Planning Commission determined that the proposed map is consistent with the Tulare City Code; and, WHEREAS, the City of Tulare Planning Commission determined that the Environmental Impact Report was prepared pursuant to the California Environmental Quality of l97O and the State CEQA Guidelines; and,
NOW' THEREFORE, BE IT RESOLVED by the City of Tulare Planning Commission that Tentative Subdivision Shenandoah Park is hereby approved subject to the following conditions:
1) Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site.
2) Final acceptance of the tract shall be contingent upon the subdivider's providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public WorkslEngineering Department.

7.9 Consent Page 2 ATTACHMENT 1
3) Six-foot public utility easements shall be granted along all front yards as required for public utilities.
4) Final subdivision map shall depict all easements.
5) The applicant shall comply with the requirements of the Tulare board of Public Utilities regarding sewage disposal and water supply facilities. 6) Final subdivision map proposed to be recorded shall be insubstantial conformance with the approved tentative map.
7) Applicant to provide a disclosure statement as set forth in Section 10.112 of the Zoning Ordinance (Right to Farm chapter).
8) All lots shall meet the provisions of the applicable zoning district. 9) Applicant to provide retaining wall wherever adjacent lot grades exceed six inches.
10) Applicant to comply with San Joaquin Valley Air Pollution Control District in regards to dust control and obtain any permits necessary from that agency. 11) Applicant to comply with the San Joaquin Valley Air Pollution Control District in regards to dust control and obtain any permits necessary from that agency.
12) All changes to phasing of the tentative subdivision shall be subject to approval of the City Engineer and Planning and Building Director. 13) All street names shall be in compliance with City Street naming guidelines and approval of the Planning and Building Director.
14) Applicant to provide six-foot high solid fence with permanent type posts (metal or block) for residential fencing.
15) Applicant to set-up a landscape maintenance district prior to recordation of the final map. All landscape plans within the landscape maintenance district shall be consistent with city standards and approved by the Director of Parks and Recreation services.
16) Applicant shall record a notice that each lot is located in Landscape Maintenance District.
17) Decorative landscape maintenance district block walls are to be approximately 6"7" in height. Design and construction details to be approved by the City Engineer ad Planning and Building Director. 2 7.9 Consent Page 3
'a\
).i
l8) Recording of the final map is subject to completion of the annexation 19) Applicant to provide for an inspection, by a licensed arborist, of the on-site trees to determine their health. Applicant to provide for any treatment to preserve the mature oak trees locate din the tree lot.
20) Prior to payment of an air quality mitigation fees, the applicant shall review with the city any contributions to the city/or projects that would reduce this projects remaining air quality impacts under the indirect source rule.

PASSED, APPROVED AND ADOPTED this nineteenth day of June 2006 by the following recorded vote:

AYES: Miller NOES:

Miguel
Rocha
Kinard
MARK S. KIELTY, ARY
City of Tulare Planning Commission
ABSENT:Killion ABSTAIN:None
Nunes
P. MILLER, CHAIRMAN
City of Tulare Planning Commission
3 7.9 Consent Page 4
4l I East Kern Avenue
Tulare, California 9327 4
Office: (559) 684-4207
Fax: (559) 685-5631 ,ts#fi6.:ffi'"
TO: Planning and Building Division
FROM: Engineering Division
SUBJECT: Engineering Considerations - Tentative Subdivision of Shenandoah Park LOCATION: North side of Tulare Avenue west of Cross Avenue DEVELOPER: Taggart
DATE: June 14,2006
SOILS:

The Subdivider shall submit a preliminary soils report for structural foundation, which shall be prepared by a registered Civil Engineer based upon adequate soil test borings. The report shall be submitted to the City Engineer prior to the filing of the Final Map.

The Developer shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90% relative compaction between the select bedding around the pipe to within 2 leel of the subbase. The top 2 feet shall be compacted to 95% relative compaction. Compaction tests are required on alltrenches. All soil testing shall be performed at the sole cost of the Developer. The Developer is to establish an account with a soil-testing firm acceptable to the City Engineer prior to the start of construction for compaction testing. The City shall order and direct all compaction tests.

STREETS:

Street widths shall be as shown on approved tentative map, unless otherwise noted in Attachment "A." R-Value tests will be required at the locations shown on Exhibit "A" at subgrade depth.

The structural section of all streets shall be not less than the thicknesses shown in ltem 1 of Attachment "A," except that a greater thickness may be required by Soil Test results. The design of streets shall be asphalt concrete section with aggregate base.

All streets shall have the standard cross section with curb, gutter and sidewalk.

All utility services shall be placed in the streets prior to paving.

Compaction tests are required on all street subgrades. All soil testing shall be performed at the sole cost of the Developer.

Knuckles and transition curves to knuckles shall have 50-foot radii.

The centerlines of all streets shall be the continuations of the centerlines of existing streets, or shall be offset at least two hundred (200) feet.

The centerline curve radius for roadway design shall be a minimum of 250 feet for local streets, 600 feet for collector streets, and 1,200 feet for arterial streets. Provision for smaller radius shall be subject to the approval of the City Engineer.

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

Driveway widths and spacing shall conform to City Code requirements.

Side lines of all lots wherever practicable shall be at right angles or radials to the centerline of the street.

Property line radii are to be 20 feet at all street intersections. ,|

7.9 Consent Page 5
Turnarounds are required at all dead end streets, except where refuse pickup on lot frontages does not require the refuse collection vehicle to back up.

A barricade and a 2" x 8" rough redwood header shallbe provided at dead end streets. As an option, an additional 1- foot of paving beyond the required limits of paving may be installed in lieu of a redwood header. ln conformance with Section 8.24.040 (A) 7 of the Tulare City Code, "Each street intersection shall be as near to a right angle as practicable."
The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.

Oversize payments will be made in accordance with a separate oversize agreement to be executed after completion of all subdivision improvements. Payment will be as funds are available, not to exceed 10 years from the execution date of the agreement.

UNDERGROUND UTILITY LINES:

All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.160 (B) 3 of the Tulare City Code.

SANITARY SEWERS:

Sanitary sewers shall be installed to City standards.

Sewer laterals shall be installed to the property lines of all lots before the streets are surfaced. Laterals shall be located B feet from the centerline of each lot.

All sewer lines shall pass a balltest or a City Engineer approved method of cleaning.

The Engineer shall propose locations for sewer services that will accommodate ultimate driveway approach locations.

The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.

STORM DRAINAGE:

The storm drain layout shall be designed to City standards.

All pipe sizes where necessary shall be adjusted to carry the design flow at the final design slope.

All gutter runs shall be reduced to 1000 feet by installing pipe and storm water inlets.

The minimum fallaround curb returns shall be 0.3 foot.

The City shall reimburse the Developer for oversize costs for any facilities designated "masterplan facililities" by the City Engineer, subject to review and approval of costs prior to installation. Oversize payments will be made in accordance with a separate oversize agreement to be executed after completion of all subdivision improvements.

Payment will be as funds are available, not to exceed 10 years from the execution date ol the agreement.

FIRE HYDRANTS:

Fire hydrants are to be located as required by the Fire Chief and City Engineer EASEMENTS:

Easements will be required for all utilities outside of dedicated rights-of-way. Six{oot Public Utility Easements will be required along all street frontages.

The Developer shall submit to the City of Tulare a title report for areas outside of the parcel to be developed where easements are to be dedicated for City utilities.

WATER SUPPLY:

Water mains shall be installed to City standards
2 7.9 Consent Page 6
Water services shall be installed to the property line of all lots before the streets are surfaced. Services shall be located either 8 feet from the centerline of each lot or 2 feet from property line. The minimum horizontal distance between water services and sewer laterals shall be 16 feet.

The Engineer shall propose locations for water services that will accommodate ultimate driveway approach locations. lndividual 1" galvanized water services with meter boxes and meter idlers shall be installed to all single family residential lots.

The City shall reimburse the Developer for oversize costs subject to review and approval of costs prior to installation.

Purity tests are required on all City water system installations at the sole cost of the Developer.

STREET NAMES:

Street names shall be approved by the Director of Planning and Building.

Street name signs shall be installed at each intersection as required by the City Traffic Engineer TRAFFIC SIGNS:

Types, sizes and locations of traffic signs shall be as required by the City Traffic Engineer and City standards.

PAVEMENT MARKINGS:

The Developer shall install street striping and other pavement markings as required by the City Traflic Engineer.

STREET LIGHTS AND ELECTRICAL SERVICE:

The Developer must make provisions for the underground installation of electrical services and street lighting. Highpressure sodium vapor marbelite streetlights will be required at the lumens, spacing and locations determined bythe City Traffic Engineer and applicable City standards. The cost of the systems shall be included in the subdivision bonds.

GAS SERVICE:

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

PRIVATE IRRIGATION PIPELINES:

Existing private irrigation pipelines will need to be removed within street right of ways.

IRRIGATION CANALS:

Other than TID's Main Canal, if any portion of an existing irrigation canal (including ditch banks and maintenance access roads) falls within the development, said ditch shall be piped, relocated, or abandoned and shall be so designated on the plan drawings. The proposed method of piping shall be shown on one ol the master plans, if lull piping does not occur within the first phase. The Main Canal can be left open, with the installation of fencing and an adjacent 25' alley or multi-use trail, as approved by the City and TlD.

TELEPHONE:

The Developer must make provisions for the installation of underground telephone service EXISTING STRUCTURES:

Any existing structures within the subdivision boundary shall be removed WELLS:

Any existing wells on the site shall be abandoned and sealed

7.9 Consent Page 7
ELEVATIONS:

Any elevations shall be based on the official City of Tulare datum GENERAL CONDITIONS:

Nothing in these conditions precludes our office from applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction.

ADDITIONAL REQUIREMENTS:

Submit closures and tabulation of areas (square feet) of all lots within the subdivision. A blue line area shall also be submitted.

Provide the City of Tulare with three (3) prints of subdivision map and three (3) prints of improvement drawings for finalchecking.

Provide the City of Tulare with one reproducible copy and four (4) prints of the improvement drawings following their approval. The reproducible copy of the improvement plans shall be on high quality mylar.

Submit to the City of Tulare a title report for the parcel to be developed.

The Developer's engineer will be required to certify in writing that all lot grading has been performed in accordance with the approved lot-grading plan prior to issuance of any building permits.

Prior to constructing any improvement where the City is to contribute, the Developer shall submit to the City three (3) separate bids for each item to be reviewed and approved by the City Engineer.

Prior to the start of construction, a meeting will be called by the City Engineer with the Developer, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City requirements are met. The Contractor shall perform no construction in the field until after this meeting.

This project involves construction activity including clearing, grading and excavation which may require your filing a Notice of lntent with the State Water Resources Control Board under the General Permit to discharge storm water associated with construction activity, the preparation of a storm water pollution prevention plan, and monitoring program.

Exhibit'4":
n Attached and incorporated herein
X Available from City upon request.
n run - see Misc. Comments in Attachment "A".

Prepared By: Date: mlulq,
W , Senior Engineer
Approved By: a Date: G(l.t (ov
Kenneth Ramage, City
4 7.9 Consent Page 8
ATTACHMENT "A''
The engineering considerations checked below shall be made a condition of approvalof the subject subdivision.

X 1) Minimum roadway design criteria shall be as follows:

Traffic Asphalt Aggregate Sidewalk
Street Classification lndex Concrete Base Width Confiouration a) Cul-de-sacs 32'Local 4.5 2u 4" 4ft Parkway/Adjacent ln Bulb b) Local Streets 56'Local 5.0 2' 4" 5 ft Parkway
c) Tulare Avenue 11Q'Arterial 10.5 4u 8u 5 ft Parkway
d)
e)
D
n 4 A master plan for street layout for the entire development shall be submitted for approval prior to approval of any portion thereof.

X 3) Backing lot treatment shall apply to the following frontages:

Tulare Avenue.

X 4) Waiver of direct access rights as follows:

Tulare Avenue. Cromley Street between Tulare Avenue and Madalvn Avenue. 5) The development shall incorporate the following traffic calming measures:

Traffic circle at intersection of Madalvn Avenue/Cromley Street. Curb bulb-outs at intersections of Capisirano Avenue/Cromlev Street. Caoistrano Avenue/Limberlost Street. Capistrano Avenue/Dunlap Street and Capistrano AvenueA/allev Street as shown on tentative map. Additional curb bulP-outs tg be installed at intersections of Piedmont Avenue/Shenandoah Street and Madalyn Avenue/Shenandoah Street.
6) The development shall incorporate the following bicycle/pedestrian facilities:

Class 2 Bike Lane markinos shall be installed on Tulare Avenue' 7) A Traffic lmpact Study (TlS) identifying the project impacts and proposed mitigation measures shall be submitted to both the City and the Tulare County Association of Governments (TCAG) for review, and shall be subject to the approval of the City Engineer. The TIS shall be in conformance with Caltrans "Guide For The Preparation of Traffic lmpact Studies", shall utilize the current transportation modeling forecasts provided by TCAG, and shall specifically address the project impacts and any appropriate mitigations to the following facilities:

X B) The Developer shall submit a plan for landscaping/street trees and irrigation along streets with backing lot treatment to be approved by the Director of Parks and Community Services.

X g) The sanitary sewer alignments shall be 6 feet north and/or east of street centerline, unless other alignments are approved by the City Engineer, or as follows:
!
5 7.9 Consent Page 9
X 10) A master plan for sanitary sewer for the entire development shall be submitted for approval prior to approval of any portion of the system.

X 11) A master plan for storm drainage for the entire development shall be submitted for approval prior to approval of any portion of the system.

X 12) The storm drain alignments shall be 11 leet south and/or west of centerline unless other alignments are approved by the City Engineer, or as follows:

X 13) The water main alignments shall be 6 feet south and/or west of street centerline, unless other alignments are approved by the City Engineer, or as follows:

X 14) A master plan for water for the entire development shall be submitted for approval prior to approval of any portion of the system.
n 15) lndividual l-112" water services with meter boxes shall be installed to all R-M-2 lots n 16) Miscellaneous Comments:
lf applicable. existino irrigation ditches and/or canals shall be piped or relocated outside the proiect boundaries per the direction of the City Enqineer and affected lrrigation District. Related irrioation facilities shall be subiect to the same reouirements for pipinq or relocation. 6 7.9 Consent Page 10

ATTACHMENT ''BU
The Developer shall pay to the City at the time of approval of the final map all applicable fees, including, but not limited to, those checked below:

Benefit Districts
X 1) Sewer front foot charges: $ lf line already installed per front foot. n 2) Sewer Lift Station Fee of $ _ per acre.
n 3) Water front foot charges: $ _ per front foot.
tr 4) Street front foot charges: $ _ per front foot.
n 5) other:

Soecialln-Lieu Fees
n 6)Traffic Signals Fee: $
tr 7) TtD Ditch Piping Fee: g
n 8) Sewer Main Fee: $
-. tr 9) Water Main Fee: $
-. n 10)streer Fee:$
n 11)OtherFees: g
Plan Check. lnspection. and lmpact Fees
X 12) Engineering lnspection Fee to be based on a percentage of the estimated cost of construction.

X 13) Development lmpact Fees to be paid with Buitding Permit.

X 14) Engineering Plan Review Fee to be paid at time of submittal.

X 15) Final Map Plan Check Fee to be paid at time of submittal.

All fees shall be based on the current fee schedule in effect at the time of recordation of the final map. 7 7.9 Consent Page 11

TULARE F'IRE DEPARTMENT

FIRE PREVENTION BUREAU
SITE ADDRESS: East of Enterprise on Tulare Ave. DATE: January 23,2004 DBA: N/A
OWNER: Robert & Richard Bender
ARCHITECT/ENGINEER: Provost and Pritchard Inc.

P LAN CORRECTION COMMENTS
The Fire Prevention Bureau convey the following comments regarding Preliminary Review of this Subdivision Annexation:
1) Provide for access to future developments as required by Section 902 of the 2001 California Fire Code.
2) Provide for water supplies and fire hydrants for future developments as required by Section 903 of the 2001 California Fire Code.
3) The required width of fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. CFC Sec.902.2.1, CFC 5ec.902.2.2 1m D. Duke
Fire Marshal

7.9 Consent Page 12
Subdivision Agreement 1
Final Map of Oakcrest No. 2
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,

NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
Oakcrest No. 2, in the ) INSTALLATION AND CONSTRUCTION
City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )

SUBDIVISION AGREEMENT
FINAL MAP OF OAKCREST NO. 2
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and D.R.

Horton CA3, Inc., A Delaware Corporation located at 419 W Murray Avenue, Visalia Ca 93291, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:

REAL PROPERTY IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

OUTLOT F OF OAKCREST SUBDIVISION-PHASE 1, A PORTION OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 20 SOUTH, RANGE 24 EAST, M.D.B.&M., IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, RECORDED MAY 21, 2021, IN VOLUME 44 OF MAPS AT PAGE 71.

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL GAS, OIL AND

OTHER HYDROCARBON SUBSTANCES IN OR FROM SAID PROPERTY AS RESERVED IN

THE DEED FROM SECURITY FIRST NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, DATED FEBRUARY 17, 1965 AND RECORDED MAY 17, 1965 UNDER FILE NO. 19119.

ALSO EXCEPTING THEREFROM THE FOLLOWING WHICH IS GRANTED IN DED TO DRH ENERGY INC., A COLORADO CORPORATION RECORDED DECEMBER 16, 2020 AS INSTRUMENT NO. 2020-0082059 OF OFFICIAL RECORDS:

A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV)

RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V)

GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED

FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII)

ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY,

7.9 Consent Page 13 ATTACHMENT 2
Subdivision Agreement 2
Final Map of Oakcrest No. 2
"SUBSURFACE RESOURCES”), LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY

SITUATED IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA

DESCRIBED, TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND
B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE,

STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE

PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR

DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS,

TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE

PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,

TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY,

AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY

SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE,

PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR

IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.

C. Subdivider desires and agrees to complete the improvements required by Resolution 4724 for A Resolution of the Cit of Tulare Planning Commission Approving Tentative Subdivision Oakcrest No. 2 dated May 21, 2007 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.

7.9 Consent Page 14
Subdivision Agreement 3
Final Map of Oakcrest No. 2

AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, v) Fully functional storm drainage lines and facilities, vi) All lots graded in accordance with the approved drainage plan, with a letter subject to City

7.9 Consent Page 15
Subdivision Agreement 4
Final Map of Oakcrest No. 2
Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vii) All lot corners marked.
b) Subject to completion of the minimum required subdivision improvements listed in subsection (a) above, building permits may be issued on up to 50% of the lots of the Subject Property, provided that issuance of said building permits is in accordance with the Planning and Building Department’s policies and procedures in effect at the time the permit is requested. c) The final 50% of the building permits for the lots of the Subject Property may be issued in accordance with the Planning and Building Department’s policies and procedures in effect at the time the permit is requested, provided that:
i) the minimum required subdivision improvements listed in subsection (a) above have been completed, and
ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and pond fencing. d) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, regardless of the number of building permits previously issued. e) Except as allowed by the City’s Model Home Policies, no occupancy shall be allowed for any building permit issued on any lot of the Subject Property until all requirements listed in subsection (c) above have been satisfied.
7) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 8) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 9) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond

7.9 Consent Page 16
Subdivision Agreement 5
Final Map of Oakcrest No. 2
naming the City of Tulare as oblige, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 10) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
11) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 12) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers.

7.9 Consent Page 17
Subdivision Agreement 6
Final Map of Oakcrest No. 2
c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.
13) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.

Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.

a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”).

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Subdivision Agreement 7
Final Map of Oakcrest No. 2
18) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 19) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
20) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
21) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
22) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
23) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 24) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 25) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 26) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 27) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *

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Subdivision Agreement 8
Final Map of Oakcrest No. 2
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE D.R. HORTON CA3, INC.
a Municipal Corporation
By: By:

Marc Mondell, City Manager
Name:

Title:

ATTEST:

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

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Subdivision Agreement 9
Final Map of Oakcrest No. 2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

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Subdivision Agreement 10
Final Map of Oakcrest No. 2

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. {Doc. No. } of which the Deed of Trust in, by and between {Full Name of Trustor}, as Trustor, {Full Name of Trustee}, as Trustee and {Full Name of Beneficiary}, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing {Insert full name of Agreement, e.g. Subdivision Agreement for the Final Map of [including Addendum to Subdivision Agreement for Rights of Way Acquisition]}.

DATED: ____________________, 20___

BENEFICIARY

By: ________________________________________

Print Name: ________________________________________
Title: ________________________________________

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

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Subdivision Agreement 11
Final Map of Oakcrest No. 2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

7.9 Consent Page 23
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

Performance Bond Amount*
(10% of Completed Work + 100% of Uncompleted Work) $2,083,832.87 Payment Bond Amount*
(50% of Uncompleted Work) $1,041,916.44
Maintenance Bond Amount**
(10% of Required Improvements ) $208,383.29
EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
OAKCREST NO. 2
Bond Type Required Bonding
Amount
1 7.9 Consent Page 24
Item
Total Estimated
Cost of Oversize
Improvements
Street Oversize Improvements, including but not limited to: $0.00 Street Name:

Material Cost for Supplemental Roadway Excavation (18" vs 21.5") Material Cost for Supplemental Aggregate Base Material (8" vs 9.5") Material Cost for Supplemental Asphalt Concrete Material (4" vs 6") Traffic Signal Improvements:

Sanitary Sewer System Improvements, including but not limited to: $0.00 Street Name: STONEBRIDGE
Material Cost for Supplemental Sewer Main Size (8" vs 10") $ - Material Cost for Supplemental Sewer Wyes Size (8" vs 10") $ - Water System Improvements, including but not limited to: $0.00 Street Name:

Material Cost for Supplemental Water Main Size (8" vs 12") Material Cost for Supplemental Water Appurtenances (8" vs 12") Gate Valve
Tee (includes 8"
Bend
Total Estimated Oversize Costs $0.00
EXHIBIT "B"
Estimated Oversize Improvement Costs
OAKCREST NO. 2

7.9 Consent Page 25
Account No.

Transaction No. R/C No. Description of Charge Quantity Unit Cost Total Amount 001-3247-001 1391 S-29 Public Inspection Fee $47,726.66 010-3265 3060 Backflow Test 0 $91.00 $0.00
010-3270-3 3073 Water Pressure Test 1 $264.00 $264.00
010-3270-004 3074 Water Purity Sample 20 $227.00 $4,540.00 014-3267 3430 Sewer Tap $200.00 $0.00
010-3262 3040 Construction Water $0.00
015-3265 3420 Sewer Front Foot 0 $28.00 $0.00
010-3265 3060 Water Front Foot 0 $19.00 $0.00
001-3265 9260 Street Front Foot $0.00
001-3252-002 1472 S-37 Benefit District Creation $1,458.00 $0.00 015-260-047 9260 Del Lago - Hillman St $0.00
001-260- 9260 Storm Drain Benefit District $0.00
001-260 9260 T.I.D. Benefit District $0.00
001-260-053 9260 T.I.D. Ditch Piping $0.00
TBD KCOK Storm Drain Basin $0.00
TBD KCOK Neighborhood Park $0.00
$0.00
030-271-018 9520 Street Trees (per lot) $0.00
001-3266-000 1611 Street Signs (per blade) 8 $276.00 $2,208.00 001-3120-2 1252 Street Easement/Abandonment $1,791.00 $0.00 TOTAL $54,738.66
LESS PREVIOUSLY PAID $0.00
LESS CREDITS $0.00
AMOUNT DUE $54,738.66
Front Foot Fees
Benefit Districts
In-Lieu Fees
Non-Bonded Improvements
Other
EXHIBIT "C"
OAKCREST NO. 2
Inspection, Testing and Construction:

7.9 Consent Page 26
Coverage Afforded Limits of Liability
Worker’s Compensation: Statutory
Commercial General Liability Insurance Including:
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including:
a) Non-owned
b) Leased
c) Hired Vehicles
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
EXHIBIT "D"
Minimum Insurance Requirement, Converge Types, and Amounts OAKCREST NO. 2

7.9 Consent Page 27

7.9 Consent Page 28 ATTACHMENT 3

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7.9 Consent Page 30
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Finance
Submitted by: J. Diego Ibanez, Chief Financial Officer
Agenda Title: June 2023 Investments Report

RECOMMENDED ACTION
Accept the monthly investments report for June 2023.

SUMMARY
The investments report for June 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 does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. June 2023 Investments Report
Reviewed/Approved:

Item #: 7.10
Consent

7.10 Consent Page 1

7.10 Consent Page 2 ATTACHMENT 1

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Staff Report
Meeting: City Council
Date: July 18, 2023
Department: Community Development - Building
Submitted by: Mario Anaya, Community Development Director Agenda Title: On-Call Building Consultant Services Contract with Willdan

RECOMMENDED ACTION
Approve the contract for On-Call Building Consultant Services with Willdan Engineering of Fresno, CA, and authorize the City Manager to enter into a consultant professional service agreement, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for services from July 2023 onward, until the City issues a new RFP for a multi-year on-call building services contract.

SUMMARY
The City of Tulare Community Development Department wishes to extend the contractual relationship with Willdan Engineering of Fresno, CA, for On-call Building Consultant services at least an additional 12 months, or until a new RFP is issued for a multi-year on-call building services contract. However, there is an immediate need to utilize Willdan’s services while the Community Development Department continues to face staffing challenges in the Building Division. With execution of this contract the City will continue to utilize Willdan staff to provide Chief Building Official, Plan Check, and supplementary Building Inspection services. The proposed agreement is a new agreement, as the old agreement has expired.

FISCAL IMPACT & FUNDING SOURCE(S)
Funds have been appropriated in the Development Services Professional Services Operating Budget (Account #008-4620-2017 & 008-4660-2017) for these contracted expenditures.

LEGAL REVIEW
The contract has been reviewed as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If this contract is not approved or is tabled, the City will not be able to provide Chief Building Official, Plan Check/Review, or supplemental Building Inspection services for the immediate future.

ATTACHMENTS

1. 2023 On-call Building Consultant Services Agreement with Willdan Engineering Reviewed/Approved:

Item #: 7.11
Consent

7.11 Consent Page 1

CONSUL TING SERVICES AGREEMENT
2023 ON-CALL BUILDING CONSULTANT SERVICES
This CONSULTING SERVICES AGREEMENT {the "Agreement") is made and entered into as of the 18th day of July , 2023, ("Effective Date"), by and between the CITY OF TULARE (the "City") and, Willdan Engineering ("Consultant").

Upon the following tenns and conditions of this Agreement, the City desires to retain Consultant to perform the following:

1. PROFESSIONAL SERVICES.

Consultant will provide services under the terms and conditions of this Agreement as an On-Call Building Services Consultant and will assist the Community Development Director or his/her Designee with other special projects and assignments at the Community Development Director's direction. The scope of work by the On-Call Building Services Consultant is provided for in Exhibit "A" attached hereto. Services by the Consultant will commence on the Effective Date and will tenninate as provided for in Section 4 of this Agreement.

2. INVOICING AND PAYMENT.

As sole compensation for the performance of the services, the City will pay Consultant a consulting rate for each service classified as provided for in Exhibit "B" attached hereto. City will pay Consultant for any additional services perfonned as set forth in Exhibit "C." Any expenses incurred by Consultant in perfonning the services will be the sole responsibility of Consultant unless other arrangements are made before such expenses are incurred. However, Consultant will as a convenience to City and for the City's consistent image, use City provided office supplies and equipment to produce docwnents, City's computer system (for City business only). Consultant will invoice the City on a monthly basis. The City wilI pay each such invoice no later than thirty (30) days after its receipt. Consultant will receive no royalty or other remuneration for the production or distribution of any products developed by the City or by Consultant in connection with or based upon the services. Consultant will not be entitled to receive any vacation or illness payments, or to participate in any plans, arrangements, insurance or other similar benefits that the City makes or may make available to the City's employees.

3. OWNERSHIP0FW0RKPR0DUCT.

Consultant agrees that any and all ideas, designs, drawings, notes, computer programs, algorithms, documents, information, materials, improvements and inventions made, conceived, developed, created or first reduced to practice in the perfonnance of the services under this Agreement shall be the sole and exclusive property of the City (the "Work Product"). Consultant further agrees that the City is and shall be vested with all right, title and interest in the Work Product. The provisions of this Section 3 shall survive the termination of this Agreement for any reason.

I
Consulting Services Agreement

7.11 Consent Page 2 ATTACHMENT 1

4. TERM.

Parties intend for this Agreement to be in place while the City is detennining departmental needs. However, either party may terminate this Agreement upon 5-days' notice to the other party for any reason or no reason. In the event the City terminates this Agreement, Consultant shall cease all work as of the termination date after receiving notice from the City unless otherwise advised by the City and shall invoice the City of all time and costs incurred up to such termination date. If neither party terminates this Agreement, this Agreement shall continue in effect until time mutually agreed upon by the parties.

5. INDEPENDENT CONTRACTOR.

Consultant is an independent contractor and is not an agent or employee of the City.

Other than the authority that nonnally is granted to the Interim Chief Building Official or to the Buildin Ins ector or Plans Examiner Consultant has no authority to bind the City by contract or otherwise. Consultant will perfonn the professional services under the general direction of the Community Development Director or his/her Designee, subject to the requirement that Consultant shall at all times comply with applicable law. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums (if required), sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be perfonned by Consultant.

Consultant shall be required to possess, a valid and current City of Tulare Business Tax Certificate.

6. WARRANTY,
Consultant warrants that the services hereunder will be of a professional quality confonning to generally accepted industry standards and practices and that Consultant shall maintain all required licenses and certification necessary for performance of the services w1der this contract.

7. INDEMNIFICATION.

Consultant and City shall indemnity and hold each other and each of its officers, officials, agents, volunteers, and employees hannless from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the other or any other person, and from any and all claims, demands and actions in law or equity (including attomey's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of their own negligent or willful acts. Consultant's obligations under the preceding sentence shall not be applicable to claims arising out of Consultant's lawful perfonnance of official governmental services under this agreement to the extent Consultant's acts are official acts under the California Governmental Torts Claim Act. This Paragraph 7 shall survive termination or expiration of this Agreement.
2 Consulting Services Agreement

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Consultant shall provide proof of and maintain during the term of this Agreement, insurance coverage as follows:

A. Workers' Compensation Insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

B. Commercial General Liability Insurance, in an amount of not less than One Million Dollars ($1,000,000.00) per occuITence, combined single limit, written on an occun-ence form.

C. Comprehensive Auto Liability coverage, including (as applicable) owned, nonowned and hired autos in an amount of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence, combined single limit, written on an occurrence form.

D. The City of Tulare Risk Manager is hereby authorized to adjust the requirements set forth above in the event he/she determines that such adjustment is in the City's best interest.

8. GOVERNING LAW.

This Agreement will be govemed by and construed in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.

9. NOTICE.

All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
(a) City of Tulare: Attention: Community Development Director, 41 l East Kern Ave, Tulare CA 93274
(b) Consultant: Attention: Patrick Johnson, Willdan Engineering, 2014 Tulare Street, Suite #515, Fresno, CA 93721

10. SEVERABILITY.

In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

11. ASSIGNMENT.

Consultant may not assign Consultant's rights or delegate Consultant's duties under this Agreement without the prior written consent of the City. Any attempted assignment or delegation without such consent will be void.

12. WAIVER.

The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
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13. EQUITABLE REMEDIES.

Because the services are personal and unique and because Consultant wil1 have access to the City's confidential information, the City will have the right to enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief without prejudice to any other rights and remedies that the City may have for a breach of this Agreement.

14. ENTIRE AGREEMENT.

This Agreement constitutes the complete agreement between the parties and supersedes all previous agreements or representations, whether written or oral, with respect to the subject matter described herein. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. It is expressly agreed that any tenns and conditions of Consultant's invoices shalJ be superseded by the terms and conditions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed the CONSULTING SERVICES AGREEMENT as of the date set forth in the first paragraph hereof

CITY OF TULARE CONSULTANT
City Manager
Attest:

Chief Deputy City Clerk
Approved as to Form:
--YI \,- L< lr
City Atto:ney
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EXHIBIT A

SCOPE OF SERVICES
Willdan will provide the following services to the City of Tulare on an on-call, as requested by the City staff, basis.

BUILDING INSPECTION
Our inspectors are ICC certified and fully experienced to perform residential, commercial and industrial inspections for compliance to the approved plans and related documents. The inspections will be performed in accordance with the City's adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City's procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.

Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City's Building and Safety software system.

We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel builders, owners, engineers and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.

Our inspection staff are supplied with cell phones and laptops and/or iPads for email communication and document creation and record keeping.

Willdan can provide CASp certified inspectors to the City as required by Senate Bill No. 1608, specifically CHAPTER 549. Our CASp certified inspectors will provide building and site evaluations for ADA and State Disabled Access requirements; provide evaluations and reporting for Applicable Construction Related Accessibility Standards; provide CASp Disability Access Certificates; provide expert witness and legal services support; and provide other services as required by the City.

BUILDING PLAN REVIEW
Willdan's plans examiners are ICC certified plans examiners, CASp certified, licensed architects, and/or registered engineers. Our experience and strength in building and safety encompasses the complete range of technical disciplines, that is, structural engineering plan check, fire-life safety, electrical, plumbing and mechanical codes, the Title 24 codes, as well as other local amendments to the adopted codes. Willdan staff has extensive experience with the California Green Building Standards Code, 5 Consulting Services Agreement

7.11 Consent Page 6
including familiarity with LEED, CABEC, RESnet, USGBC and NP DES supported concepts. Willdan staff attends classes and seminars on a regular basis to uphold an up-to-date comprehension of all code requirements and to maintain current certifications at no expense to our clients.

All building plans will be examined for compliance with the City's adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances.

Plan review for Disabled Access Compliance will include a review of precise grading plans.

All plan check will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City's directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:
• Architectural D Electrical
• Fi re /Life-safety " Energy Conservation Regulations {Title 24) • Plumbing • Disabled Access Regulations (CBC)
• Mechanical • Green Building Standards
• Structural • CASp
• Soils/Grading
Willdan will provide plan check letters, either typewritten or by email, which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern. Comments shall specify the apparent code violation. At the City's discretion, plan check comments, plans and documents will be returned directly to the designers until such time as plans are approved.

Our plan checkers will schedule meetings during work hours to discuss and clarify plan check issues with designers, owners and contractors. Resolutions of code issues may also be accomplished by telephone and/or email as well as scheduled meetings prior to resubmitting corrected plans and documents. We will respond to inquiries from applicants within one day.

ELECTRONIC PLAN REVIEW
Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our "tree-saving" electronic plan review process includes the elimination of the need for additional computer software or hardware-only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam. Willdan will review plans and has the ability to transmit the red lined plans back to the applicant or designer via the website, along with the plan review comment sheet.

This service allows for on-line collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing and timelines for plan review processing for the applicant.
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TYPE OF PROJECT INITIAL REVIEW SUBSEQUENT REVIEWS
Residential (new construction,
additions, remodels)
1 Commercial/Industrial (new
construction, additions, remodels)
e Solar Plans
c{I Expedited plan check
8 - 10 working days
10 working days
2 - 3 working days
4 - 5 working days
7 Consulting Services Agreement
5 working days
5 working days
1 - 2 working days
3 working days

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EXHIBIT B

PROJECT FEE SCHEDULE
Willdan can provide plan review and inspection services for either a percent of the fee collected by the City, an hourly all-inclusive rate, or a combination of both, as determined by the City.

Services Fee Schedule
Plan Review - Through three (3) reviews 75%
Plan Review $120/hour
CASp Plan Review/Inspection $120/hour
Building Official $135/hour
Senior Building Inspector $105/hour
Building Inspector $95/hour
Permit Technician $70/hour
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EXHIBIT C
Certificates
A: Clean Air & Water Pollution Control Certification
B: Lobbying Restrictions Certification
C: Debarment and Suspension Certification
D: Non-collusion Affidavit
E: Workers Compensation Insurance Certification
F: Equal Employment Opportunity Compliance Certification RFO/RFP #20-707: On-call Consultant Building Services

7.11 Consent Page 10
Clean Air and Water Pollution Control Certification

CLEAN AIR ANO WATER POLLUTION CONTROL CERTIFICATION
(AIR: 42 U.S.C. § 7401 et seq.,
WATER: 33 U.S.C. § 1251 et seq; 49 CFR, Part 18, Section 18.36) CONSULTANT agrees that any facility to be used in the performance of the contract, or to benefit from the contract, is not listed on the Environmental Protection Agency List of Violating Facilities.

CONSULTANT also agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. relating to the inspection, monitoring, entry, reports and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued there under.

CONSULTANT agrees that as a condition for award of the contract, the CONSULTANT will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of, or benefit from, the contract is under consideration to be listed on the EPA List of Violating Facilities.

Company:

Business Address:

Signature:

Name of Signing Official:

Title of Signing Official:

Date:

Company Seal:

Lullldan tf\ca\DE:&r1 a~
2014Tulare s-1- . s..\-e. 515 X-nzsro CA.
q~12l
2023 On-call Building Consultant Services Contract

7.11 Consent Page 11
Lobbying Restrictions Certification

LOBBYING RESTRICTIONS CERTIFICATION
(FOR AWARDS OF $100,000 OR MORE)
(31 U.S.C. § 1352; 24 CFR Part 87 as amended by 2 U.S.C § 1601, et seq.) The undersigned certifies, to the best of his knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any persons for influencing or attempting to influence an officer of employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification to be included in the award documents for all sub awards at all tiers (including SUBBIDDERs, sub grants, and contracts under grants, loans and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction (if the award is $100,000 or more) imposed by Section 1352, Title 31, U.S. Code, as amended by 2 U.S.C. 1601, et seq .. Any persons who fail to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Company:

Business Address:

Lu t l ldo a En9 l ne-er t o ~
20t4 TL1bre s+. sk S \S l="r~no CA
Signature: ~~A 2=> q 3 7 2 ,
Name of Signing Official: Va~g v1 u Y)o 2•
Title of Signing Official:

Date:

Company Seal:
2023 On-call Building Consultant Services Contract

7.11 Consent Page 12
Debarment and Suspension Certification

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Consultant /, proposed sub-consultant __ , (check one) under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space:
( ) No Exceptions
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action:

Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing the Proposal on the signature portion thereof shall also constitute signature of the Certification.

By my signature on this proposal, I certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Company:

Business Address:

Lu , I I cJ Q f"'I t n9 1 n.eJcY' , n ~
20,4 Tub.re s+. 5-\.e5lS ~ no CA 9~1-2.\
Signature:

Name of Signing Official:
~rs
\(qr@'=E;Q MlJCO 2.

Title of Signing Official:

Date: G:,/2 1 /2-3 J •
2023 On-call Building Consultant Services Contract

7.11 Consent Page 13
Non-Collusion Affidavit

NON-COLLUSION AFFIDAVIT
TO: THE CITY OF TULARE
The undersigned, in submitting a Statement of Qualification for performing the following work by contract, being duly sworn, deposes and says:

That he/she has not, either directly or indirectly, entered into any agreement, participate in any collusion, or otherwise taken any action in restraint of free competition in connection with such contract.

Work to be Done:

On-Call Building Consultant Services
Proposer's Name: Wt l lcbn ~ nicev----1 Q 1'.J,
Signature of Propose~-::'.)
Title:

BusinessAddress: 20\4Ty lqre s+- .Ste 5 15 Tvesro C A 93'7'"2 I Place of Residence: 7'=,e, B r ,d \-e c+. Seta ::D~ CA 9 IJ 7 3 __ day of ________ , 2020. -----
See attached certificate
2023 On-call Building Consultant Services Contract

7.11 Consent Page 14
CALIFORNIA JURAT GOVERNMENT CODE § 8202
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of (JM4~
~·······••=••1 • ! •~ JAMIN[ SEVENING
: ' · ..... · ~ Not1ry Public • Ctllforni• :
j •
1 .• . ~ Oran1e County ~ ,,..,..,,_,,.., Comml1slon 112371197 My Comm. ExptresA119 17, 2025
Place Notary Seal and/or Stomp Above
Subscribed and sworn to (or affirmed) before me on
this c?f( day of LJ../,,,J[L , 20~ , by
Date z:;'M'anui Year
1,1 ~.JL ~ La;r
(and (2) ----====:::J¼E::t.¢6::::=J//t==== = =-), N~ ) ofSigner(s) proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
---- OPTIONAL -----------------~
Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Docume~--{~ ~~~ Document Date: ~p/,f / ;l:/2:J> Number of Pa~ - ~~---- Signer(s) Other Tl1an Named Above: - ======±~b~====================== ©2019 National Notary Association

7.11 Consent Page 15
Workers' Compensation Insurance Certificate

WORKERS' COMPENSATION INSURANCE CERTIFICATE

STATE OF CALIFORNIA
) ss

CITY OF TULARE )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: W, l lda f\ FJ'Q\ neev'l v\ ~
Business Address: 20
~
14 Tu ~Y'-e ~, $-!e.. SIS J;-esrO CA q3-=\2 \
Signature:

Name of Signing Official: Ve\~ ~u y-0 "2
Title of Signing Official: ::E-hz:s I 0-e,(l::+-
Date: fo/ 21 / 2c '2..3
Company Seal:

7.11 Consent Page 16
Equal Employment Opportunity Compliance Certificate

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 28925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Tulare, the consultant agrees as follows:

1. The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following:
employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The consultant will, in all solicitations or advertisements for employees, placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers' representative of the consultants' commitments under Section 202 of Executive order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the consultant's non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the consultant may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided In Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The consultant will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Sub-consultant or vendor. The consultant will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance.

Provided, however, that in the event the consultant becomes involved in, or is threatened with litigation with a sub-consultant or vendor as a result of such direction by the contracting agency, the consultant may request the United States to enter Into such litigation to protect the interest of the United States.

Certification on Non-Segregated Facilities
The consultant hereby certifies that it does not or will not maintain segregated facilities not permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, gender, national origin or political affiliation.
.......... ( """'""',. )..........., il'-"-- l d:::t --=---""-- n ....,____.=_ Er:9 ---',--F'--L ~ J A~ Name of Firm ~ Auth~
~/2-3
Date

7.11 Consent Page 17
Staff Report
Meeting: City Council
Date: July 18, 2023
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Fiscal Year 2023–2024 Strategic Plan

RECOMMENDED ACTION
Adopt the Fiscal Year 2023-2024 Strategic Plan.

SUMMARY
City Council adopted a Strategic Planning Summary and Strategic Profile in January 2021.

Management is not recommending any changes to these items currently.

The purpose of the annual Strategic Plan is to; 1) establish a vision or direction (5-10 year horizon), and 2) establish the FY 23-24 work program.

The City did not hold a Strategic Planning Session in FY 2022-2023 because it was focused on obligating $18,024,068 in Federal ARPA funds.

The City Council held a Strategic Planning Session on January 27, 2023, to review the draft document and provide comments.

City Council adopted the FY 23-24 budget on June 20, 2023, which pertinent components have been incorporated herein.

FISCAL IMPACT & FUNDING SOURCE(S)
This year’s fiscal impacts of the Strategic Plan have been incorporated into the budget.

LEGAL REVIEW
This item was reviewed by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. FY 2023-2024 Strategic Plan
Reviewed/Approved:

Item #: 7.12
Consent

7.12 Consent Page 1
City of Tulare
Strategic Plan
FY 2023 - 2024
Adopted by City Council
Tuesday July 18, 2023

7.12 Consent Page 2 ATTACHMENT 1
Introduction
Background
• City Council adopted a Strategic Planning Summary and Strategic Profile in January 2021.
• Those efforts were lead by the Mejorando Group and addressed; 1) the benefits of good government, 2) refresher on the form of government (roles and responsibilities), and 3) identification of key results areas including:
• Fiscal Management
• Economic Development and Innovation
• Natural Resources
• Arts and Culture
• Smart Growth
• Community Affordability
• Community Engagement/Communication
• Infrastructure
• Community Health
• Organizational Excellence
• The Strategic Profile includes the City’s Mission Statement, Guiding Principles, and strategies for addressing the key results areas listed above. Management is not recommending any
changes to these items at this time.
1 7.12 Consent Page 3
Introduction
Background Continued
• The purpose of the annual Strategic Plan is to; 1) establish a vision or direction (5-10 year horizon), and 2) establish the FY 23-24 work program.
• In 2022 the City did not hold a Strategic Planning Session because it was focused on obligating $18,024,068 in Federal ARPA funds which effectively became that year’s work program. • City Council held a Strategic Planning Session on January 27, 2023 to review the draft Strategic Plan and provide comments. • City Council adopted the FY 23-24 budget on June 20, 2023 of which pertinent components have been incorporated herein. • While the adopted Strategic Plan provides staff areas of focus for the coming year, flexibility in implementation is important given that more information will become available and new opportunities may present themselves throughout the year. 2 7.12 Consent Page 4
Introduction
Current Work Plan
3 • Many of the strategies identified in the adopted 2021 Strategic Profile are already underway or completed and so management anticipates continuing to work on remaining items in 2023 - 2024. • In addition, management continues to work on items identified as part of the ARPA project list including:
• ARPA Consultant
• Marketing
• Business Accelerator
• Downtown Rehab Program
• Downtown Masterplan
• Homeless Shelter
• Zumwalt Park
• Ladder Truck
• Dispatch Radio Replacement
• CAD/RMS
• Hwy 99 Water Crossing
• Financial System
• Chambers Upgrade
• Mission Oak Pool
• Council Member Items

7.12 Consent Page 5
Introduction
Capital Projects
4 • The following list includes some of the capital projects planned for 2023-2024 and the status:
• Prosperity and UPRR Crossing $2,800,096
• Sycamore & San Joaquin Improvements $6,487,870
• Academy & Apricot Improvements $7,434,068
• International Agri-Center Utility Relocation $1,529,168 • International Agri-Center Way Extension $5,097,223
• Tulare-Dayton Improvements $6,807,467
• Mountain View Improvements $5,521,134
• BVF Cover Replacement and Cleanout $4,000,000
• Well 43 (Bardsley – K) $350,000
• Well 33 Rehabilitation $125,000
• Well 4-3 Equipping and I Street Water Main $4,000,000 • The following additional projects are under consideration:
• Oaks Street Improvements $4,111,500
• South K Street Improvements $7,052,283
• Miscellaneous Streets 1 $6,419,008
• Miscellaneous Streets 2 $5,093,885
• Miscellaneous Streets 3 $4,569,949
D-C
C
D-C
C
D
D
D
D-C
C
C
C
D = Design
C = Construction

7.12 Consent Page 6
Introduction
SWOT Analysis
• In addition to the current work plan, management held several meetings to discuss future needs in order to develop a potential vision for the City’s future.
• This effort started with what management believes to be the City’s primary strengths and weaknesses as follows:
5 Strengths Weaknesses
Motivated staff
Politically stable
Fiscally sound
Communication
Controlled utilities (WWTP)
Location
Affordability
South Interchange
Motivated community
Partnerships
Public safety
Trust
Climate
Pride
Outlet Mall
Ag Center
Rising pension liability costs
Water shortage
Aging infrastructure
Resistant to change
Homelessness
Lack of educational attainment
Low wages
Lack of skilled labor
Unbalanced political representation
Not a destination
Communication
Aging workforce

7.12 Consent Page 7
Introduction
SWOT Analysis Continued
• Management has also identified what it believes to be the City’s primary opportunities and threats as follows:
6 Opportunities Threats
Land availability
Cannabis revenue
Measure I
South Interchange
Ag Center expansion
Cartmill Interchange
Airport
Downtown
• Zumwalt
• Business Incubator
• Homeless Shelter
Marketing/Promotions
Diversity
• Cultural events
• Youth
Political support for technology
Broadband
Inyo Corridor
New investors
Legislature
Economy
Unfunded mandates
Crime
Recruitment
Inflation
Non-competitive wages and benefits
Drought
Increasing cost of housing
Lack of funding for infrastructure

7.12 Consent Page 8
Introduction
Additional Work Plan
7 • Management has identified a number of other projects and initiatives that will likely need to be addressed this year or in coming years as follows:
• Labor Negotiations
• Woman’s Clubhouse
• Nielsen’s and Civic Affairs
• Promoting the Arts
• Corporation Yard
• Domestic Treatment Plant Expansion
• Masterplan Implementation
• Del Lago Streetscape
• Affordable Housing
• Regional Sportsplex
• Energy Saving Improvements
• Airport Development (Aviation and Non-Aviation)
• Part of the challenge is that each of these projects or initiatives alone are likely in the millions of dollars and collectively in the tens of millions of dollars if not more which represents a significant challenge.

7.12 Consent Page 9
Introduction
Solution
• In management’s opinion, the primary solution is to continue our focus on economic development which will increase private sector investment and job creation which in turn will result in additional tax and utility revenue for use by the City to fund these important projects and initiatives.
• Another approach is to accomplish shared goals through partnership with both the for profit and non-profit sectors as well as pursuing grants and earmarks when possible.
• The final approach is to right-size operations where feasible and to remain competitive from a fee and taxation perspective. 8 7.12 Consent Page 10
Introduction
Solution Continued
• In management’s opinion, focusing on economic development will include a number of initiatives including but not limited to:
• Marketing
• Economic Development Plan or Strategy
• Creating pipelines for project leads
• Creating incentive programs
• Focusing on opportunity sites
• Developing catalytic projects
• In management’s opinion we need to be strategic in how we approach economic development opportunities but remain flexible and opportunistic. Some other opportunities may include but not be limited to the following:
• Strategic annexation
• Business park development
• Inland port project
9 7.12 Consent Page 11
Introduction
Challenge - Opportunity
• There are a number of additional challenges that could impact our economic development efforts including but not limited to:
• CEQA
• Construction supply chain issues
• Cost of labor (non-right to work state)
• Cost of electricity
• Prevailing wages
• Corporate taxation
• Regulation (ie. Cal-OSHA)
• Lack of state incentives
• Out of state recruitment
• Farmland mitigation
• Local political will?
• However, in management’s opinion, there are number of companies that want to enter or expand in California because it is the largest consumer market and producer of goods in the United States and one of the largest in the world.
• We can make very good arguments that if you want to grow in California then the right place is in Tulare.
10 7.12 Consent Page 12
Introduction
Proposed Plan
11 • The following concepts begin to paint a potential vision for Tulare’s future that could include the following:
• Regional Sportsplex
• Trail System Expansion
• Neighborhood Expansion and Redevelopment
• Importance of Activity Centers
• Potential Annexation
• Potential Business Park
• Potential In-Land Port Project
• These concepts would require significant time, partnership, and financial resources but could pay huge dividends for the community in terms of revenue and jobs leading to long-term fiscal sustainability.
• Assuming adoption, management will begin the process of reaching out to potential partner organizations to solicit their interest.

7.12 Consent Page 13
12 7.12 Consent Page 14
Potential West Tulare Activity Center
13 7.12 Consent Page 15
14 7.12 Consent Page 16
15 7.12 Consent Page 17
Potential Inland Port and Business Park Project
16 7.12 Consent Page 18
City Council
Additional Projects and Initiatives
17 7.12 Consent Page 19
Introduction
Councilman Harrell
18 • The following items are for Council consideration:
• Medford Hanger Rehabilitation and Reuse
• Woman’s Clubhouse Rehabilitation and Reuse
• Signalization of Bardsley – Hwy 99 Ramps
• Additional Dedicated Turn Lanes
• Improved Street Lighting
• Address Downtown Vacant Buildings
• Improve the K Street Corridor (Vacant and Dilapidated Buildings) • Develop Property at Tulare Avenue and West Street
• Old Library Building
• Address the Old Grammar School

7.12 Consent Page 20
Introduction
Vice-Mayor Isherwood
19 • The following items are for Council consideration:
• Address City’s Development Standards
• Cul-de-sacs (Lighting)
• Improve Aesthetics at Four-Way Intersections
• Additional Sidewalks
• Improve Park Lighting
• Collaboration with Partner Organizations to Discuss Community Improvement Projects
• Improve Streets including;
• Dover Canyon Drive
• Bardsley-Mooney Intersection
• Restriping Crosswalks
• Mooney Center Lane Timing
• Intersection Improvements (Cross – Mooney)

7.12 Consent Page 21
Introduction
Councilman Mederos
20 • The following items are for Council consideration:
• International Agri-Center Way Extension
• Bella Oaks Exit at Mooney
• Traffic Control M Street at Merritt Avenue
• Public Works Administration Office
• Energy Improvements at City Sites
• Streamline Special Event Process
• Old Library Building
• Tulare Community Band Use of Senior Center
• Old Nielsen’s and Civic Affairs Buildings
• Completing South Blackstone Avenue at K Street

7.12 Consent Page 22
Introduction
Mayor Sayre
21 • The following items are for Council consideration:
• Woman’s Clubhouse
• Special Study Sessions on Miscellaneous Topics (ie. Human Trafficking)

7.12 Consent Page 23
Introduction
Councilman Sigala
22 • The following items are for Council consideration:
• Economic Development
• Public Safety
• Community Beautification
• Reward Program
• Arts Funding

7.12 Consent Page 24
Questions?

END OF STRATEGIC PLAN

7.12 Consent Page 25
Staff Report
Meeting: City Council
Date: June 20, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Landscape Maintenance Assessments for Fiscal Year 2023-24

RECOMMENDED ACTION
Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for fiscal year 2023-24 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.

SUMMARY
Each year City Council is required to set landscape maintenance assessments for the upcoming fiscal year. On June 20, 2023, Council adopted Resolution of Intention No. 2023-21 setting July 18, 2023, as the public hearing date to adopt landscape maintenance assessments for fiscal year 2023-24 and directing the City Engineer to file the required Engineers Report with the City Clerk.

The public hearing will allow for property owners within each of the twenty-six landscape districts to comment on the proposed Fiscal Year 2023-24 assessment for their district. The proposed assessments compare to the prior fiscal year as follows:
• fifteen districts are proposed to increase,
• nine districts would experience no change from the prior year, • one district will be assessed for the first time, and • one district has not yet completed any improvements requiring maintenance, and therefore does not have any proposed assessments.

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

LEGAL REVIEW
This item does not require legal review.

Item #: 8.1
Public Hearing

8.1 Public Hearing Page 1

ALTERNATIVE ACTION

1. Approve with changes – Staff will make any requested revisions to the draft Resolution Levying Assessments.

2. Deny – Not an option. Adoption of a Resolution is a legally required step in accordance with the Landscaping and Lighting Act of 1972 for establishing assessments for the coming fiscal year.

3. Table – Assessments for the coming fiscal year must be adopted by Council and provided to the Tulare County Tax Collector’s office by August 9. Tabling this item until the next available Council meeting date (August 1, 2023) would not allow sufficient time for City staff to complete and submit the required documentation to the County by the August 9, 2023, deadline.

ATTACHMENTS

1. Resolution

2. Engineer’s Report
Reviewed/Approved:

8.1 Public Hearing Page 2
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

CONFIRMING THE DIAGRAM AND LEVYING ASSESSMENT FOR
FISCAL YEAR 2023-24

LANDSCAPE ASSESSMENT DISTRICTS
(Pursuant to the Landscape and Lighting Act of 1972)
BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed Michael Miller, City Engineer of Work for Assessment Districts has prepared and filed a report for fiscal year 2023-24.

Section 2. The City Engineer of work filed his annual report on June 20, 2023, the City Council adopted its resolution of intention to levy and collect assessments within assessment districts for fiscal year 2022-23 and set a public hearing for July 18, 2023, in the City Council Chambers, 491 North M Street, Tulare, California. Notice of the hearing was given in the time and manner required by law.

Section 3. At the public hearing, the Council of the City of Tulare afforded to every interested person an opportunity to make a protest to the report either in writing or orally and has considered each protest.

Section 4. Assessments for fiscal year 2023-24 are hereby set for the following landscape maintenance districts:
89-01 North Oaks Estates $ 110.00
89-02 The Grove Subdivision
Single-family lots $ 317.00
Single-family 1 ½ size lots (lot mergers) $ 476.00
Single-family double size lots (lot line adjustments) $ 634.00 90-01 Southgate Villa No. 11
Single-family lots $ 190.00
Multi-family lots $ 570.00
91-01 Westwood Village Estates $ 94.00
93-01 Sunrise Estates $ 100.00
2000-01 Del Lago Subdivisions
Single-family lots $ 336.00
Single-family double size lots (lot merger) $ 672.00
2001-01 Autumn Glen Subdivision $ 50.00
2003-01 Shadow Wood and Majestic Subdivisions $ 60.00
2003-02 Kaweah Estates $ 42.00

8.1 Public Hearing Page 3 ATTACHMENT 1
Resolution 2023-XX

Page 2 ends

Tulare City CouncilJuly 18, 2023

Tulare City Council
July 18, 2023