Agenda packet — Tulare City Council, September 5, 2023

City of Tulare Page 1
City of Tulare
City Council
Agenda
Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, September 5, 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 September 5, 2023 City of Tulare Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Albert Hudson, Senior Pastor of Holy Faith Church of God in Christ, to deliver invocation.

3. PRESENTATIONS

3.1 Proclamation for Suicide Prevention Month - September 2023

3.2 Proclamation for Hispanic Heritage Month - September 15-October 15, 2023

3.3 Self-Help Enterprise Update

3.4 Tulare Municipal Airport Update

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 meeting.

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 August 15, 2023.

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

7.3 Paige Industrial Preliminary Oversize Agreement.

7.4 EN0094 NV5 Contract Amendment.

7.5 PK0012 Elk Bayou Soccer Complex Parking Lot Project.

7.6 Little Caesars Deferred Improvement Agreement.

7.7 Gomez Property Acquisition for Cross Avenue CIP.

7.8 Agreement for Auditor Services with Price, Paige & Company.

7.9 Resolution of Support for SALC Planning Grant.

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

8.1 Adoption of ERF-2-R Grant Allocations.

Recommended Action: Adopt resolution approving the allocation of Encampment Resolution Funding Program Round 2 Rolling Disbursement (ERF-2-R) grant funds in the total amount of $4,785,086 to street outreach, services coordination, systems support, rapid rehousing, interim sheltering, operating subsidies, and administrative activities in accordance with the City’s ERF-2-R application and allocations outlined in the resolution; and authorize the City Manager or his/her designee to execute service City Council Agenda – Regular Meeting September 5, 2023 City of Tulare Page 4
agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program. [A. Costales]

8.2 First Reading of Ordinance to Amend Title 5 (Business Regulations) of the Tulare Municipal Code.

Recommended Action: Pass-to-print an ordinance amending Title 5 (Business Regulations) of the Tulare Municipal Code to add Chapter 5.62 (Disqualification of Contractors for Public Works Contracts) [M. Miller]

8.3 PK0033 Zumwalt Park Renovation Project.

Recommended Action: Award and authorize the City Manager to sign contracts related to the construction of City Project PK0033 to renovate Zumwalt Park; authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised project sheet. [M.

Miller]
Task Description Contractor Amount

1. Construction Contractor Caliber Contracting Services, Inc. of Fresno, CA
$11,964,000

2. Construction Management
& Inspection
4Creeks of Visalia, CA $596,570

3. Materials Testing Krazan & Associates of Clovis, CA $29,765

4. Construction Surveying Lane Engineers of Tulare, CA $67,700

5. Labor Compliance Silvera Consulting of Galt, CA $31,780

9. FUTURE AGENDA ITEMS

9.1 Analyze and Review Street Parking Ordinance.

Recommended Action: Review and provide direction to either add to a future agenda or not. [D. Mederos]

10. STAFF UPDATES

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

11.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representative: Mario Zamora, Marc Mondell, Josh McDonnell, Janice Avila, Michael Ott
Employee Organization: Tulare City Professional Fire Fighters Association NonManagement; Tulare City Professional Fire Fighters Association Management; and Tulare City Professional Fire Fighters Association Division Chief Officer Group

12. RECONVENE FROM CLOSED SESSION

13. CLOSED SESSION REPORT

14. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, September 19, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

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

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Section 54954.2, 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: Wednesday, August 30, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: September 5, 2023 Agenda Memo
Date: August 30, 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.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Albert Hudson, Senior Pastor of Holy Faith Church of God in Christ, to deliver invocation.

3. PRESENTATIONS [Time Estimate: 7:05-7:45 p.m.]

3.1 Proclamation for Suicide Prevention Month - September 2023

3.2 Proclamation for Hispanic Heritage Month - September 15-October 15, 2023

3.3 Self-Help Enterprise Update

3.4 Tulare Municipal Airport Update

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 Tulare City Council Page 2
Agenda Memo - September 5, 2023
limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:55- 7:55 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:55-8:00 p.m.]

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

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

7.2 Special and/or Regular Meeting Minutes of August 15, 2023.

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

7.3 Paige Industrial Preliminary Oversize Agreement.

Recommended Action: Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with CA Industrial Tulare, LLC, a Delaware limited liability company for construction costs associated with the Paige Industrial Warehouse development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: As part of the Paige Industrial Warehouse development located west of ‘I’ Street on Paige Avenue, CA Industrial Tulare, LLC (Developer) is required to install a master plan water main in Paige Avenue and widen Paige Avenue across the project’s frontage. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached preliminary oversize construction reimbursement agreement for Paige Avenue improvements identifies work that the City has required the Developer to complete that would be eligible for reimbursement under the City’s oversize reimbursement policy and identifies the conditions under which the City would reimburse the Developer for their eligible expenditures, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program.

Fiscal Impact & Funding Source(s): The following funding sources will be impacted:

DIF Transportation Facilities – Principal / #001-4320-8206; DIF Transportation Facilities – Interest / #001-4320-8306; DIF Water Facilities – Principal / #001-4751- 8206; DIF Water Facilities – Interest / #001-4751-8306.

Legal Review: City Attorney has reviewed to form the Engineering Departments standard preliminary oversize reimbursement agreement.

Alternative Action: 1) Approve with changes would delays in the installation of offsite improvements; 2) Denying the agreement would have financial impacts on the overall Tulare City Council Page 3
Agenda Memo - September 5, 2023
cost the project for the developer; or 3) Tabling the agreement would cause delays in the installation of offsite improvements.

7.4 EN0094 NV5 Contract Amendment.

Recommended Action: Approve and authorize the City Manager to sign a contract amendment in the amount of $56,008.96 with NV5, Inc. for additional construction inspection services related to City Project EN0094 – Sycamore/San Joaquin Improvements, a street and utility improvement project between O Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [M. Miller] Summary: This project is a street and utility improvement project on the following street segments:
• King Avenue between O Street and Cherry Street,
• Sycamore Avenue between Cherry Street and Blackstone Street, • San Joaquin Avenue between O Street and Blackstone Street, • Madden Street between Tulare Avenue and King Street,
• Delwood Street between Sycamore Avenue and San Joaquin Avenue, and • Highland Street between Tulare Avenue and Sycamore Avenue.

The project consists of street reconstruction, ADA compliance improvements to intersection curb returns and alley/sidewalk intersections, and necessary water, sewer, and storm drain improvements within the project limits. The need for the project was identified through the City’s Pavement Management System and review of the condition of the City’s utility infrastructure. This project was included as a part of the City’s 2021-2026 transportation and utility CIP program budget. The project is currently in the final stages of construction.

All additional costs associated with the extended construction timeframe, including this amended contract amount, will be assessed to the construction contractor and recovered through the liquidated damages provisions of the contract specifications.

Therefore, no additional funding will be required for this contract amendment.

Fiscal Impact & Funding Source(s): Additional costs associated with the proposed contract amendment will be funded by liquidated damages to be assessed to the project’s construction contractor.

Legal Review: None required at this time.

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Alternative Action: 1) Approve with changes – Staff would be required to negotiate any proposed changes with the construction inspection contractor (NV5, Inc.); 2) Deny - Project EN0094 cannot be completed without construction inspection services; or 3) Table - Delay resulting from the City’s failure to act on the proposed contract amendment would likely impact the City’s ability to assess liquidated damages to the construction contractor.

7.5 PK0012 Elk Bayou Soccer Complex Parking Lot Project.

Recommended Action: Approve updated CIP Project PK0012, an improvement project to the three existing dirt soccer field parking lot areas at the Elk Bayou Soccer Complex; and approve an increase in the proposed budget from $58,000.00 to $70,000.00. [M. Miller]
Summary: Project PK0012 is an active item on the City’s 2023-2024 CIP project list that proposes to improve the parking areas at the Elk Bayou Soccer Complex. The existing parking areas at Elk Bayou Soccer Complex are unpaved and require annual grading, striping, and periodic water truck application to mitigate dust issues that arise during youth soccer games on weekends, particularly during the Fall and Spring months.

City Parks and Streets staff would provide the labor for this proposed project. Due to time constraints (approaching soccer season), a Request for Proposals was not advertised, but staff was able to obtain three quotes:
• Porterville Rock & Recycle Inc. $69,755.04
• West Coast Sand & Gravel Inc. $71,014.32
• Stoney’s Sand & Gravel LLC $81,247.35
The original budgeted amount for this project is $58,000.00. Staff proposes to transfer $12,000.00 from project number PK0036 (Centennial Park Parking Lot) into project number PK0012 to increase the budget to $70,000.00. The total cost for this proposed project would be $69,755.04.

Fiscal Impact & Funding Source(s): Fund 601 – General Fund CIP Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

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Agenda Memo - September 5, 2023

7.6 Little Caesars Deferred Improvement Agreement.

Recommended Action: Approve a short-term deferred improvement agreement with Gussan Shedid to defer the construction of a City standard trash enclosure associated with the Little Caesars development. [M. Miller]
Summary: As part of the Little Caesars development located along the east side of Mooney Boulevard north of Bardsley Avenue, the developer, Gussan Shedid, is required to install a trash enclosure to service the proposed development. Mr. Shedid is in discussion with the adjacent property owner about the possibility of constructing a shared trash enclosure when the adjacent property develops. Mr. Shedid has requested a 2-year deferred improvement agreement on the installation of the trash enclosure and is willing to post a bond or equivalent surety for said improvements. Mr.

Shedid is proposing to install a slated chain-link fence around the trash bin as a temporary measure until the final trash enclosure is constructed. The City’s Solid Waste Manager has considered the proposed temporary measures and does not have any objections.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The City Attorney has reviewed and approved as to form the Engineering Department’s standard deferred improvement agreement.

Alternative Action: 1) Approve with changes could delay continued development of the site; 2) Denial of the deferred improvement agreement would require the developer to install the trash enclosure, which could incur additional costs to the property owners should future development of adjacent property require its removal and/or relocation; or 3) Tabling the item would delay completion of the Little Caesars project.

7.7 Gomez Property Acquisition for Cross Avenue CIP.

Recommended Action: Authorize the City Manager to complete and execute, after the close of escrow, the documents necessary to purchase property located as a portion of APN 168-340-003 in the amount of $15,000 for public right-of-way required by Project EN0074, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: Capital Improvement Project EN0074 addresses pavement and utility infrastructure improvements along Cross Avenue west of West Street. The project includes the installation of sidewalk on the north side of Cross Avenue, surface water improvements, water and sewer service modifications, street reconstruction, and improvements on the westerly side of the Cross Avenue-West Street intersection. The project will improve surface water drainage, as well as improve pedestrian connectivity in the area. The installation of curb, gutter and sidewalk along the north side of Cross Avenue requires the acquisition of additional right-of-way from five parcels.

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

Subsequently, Council gave direction to staff to commence the design and right-of- Tulare City Council Page 6
Agenda Memo - September 5, 2023
way acquisition phases for the project. A contract was awarded to 4Creeks for design, and to Paragon Group for right-of-way acquisition services. Paragon Group completed appraisals and has been working on the City’s behalf to obtain the required right-ofway at fair market value for the five (5) parcels, which are owned by four (4) separate property owners. The subject parcel is the third owner who has accepted our offer and completed the necessary paperwork.

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

The property owner, Martin Gomez, has been working with the City’s consultant team throughout the design, appraisal and acquisition process, and has agreed to sell the required property for the amount of $15,000 in accordance with the terms previously authorized by the City Council. The property has minor improvements on the portion being acquired. This property acquisition encompasses 600 square feet.

Fiscal Impact & Funding Source(s): EN0074-030-0610
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes could delay acquisition of said property which in turn may result in delays to start of construction; 2) Denying the property acquisition would result in the City being unable to complete the proposed project; or 3) Tabling would delay acquisition of said property which in turn could result in delays to the start of construction.

7.8 Agreement for Auditor Services with Price, Paige & Company.

Recommended Action: Approve a 1-year agreement with Price, Paige & Company for administration and completion of the Fiscal Year 2022-2023 audit, Single Audit, and Transportation Development Act audit. [D. Ibañez]
Summary: The City of Tulare Finance Department was notified via email that the current auditor, Brown Armstrong, would not be able to complete the citywide audit for Fiscal Year (FY) 2022-2023. Staff immediately sought to put an RFP in place to solicit bids from other firms.

Given the current timeline and the continued issue of labor shortage in accounting firms, staff is requesting the use of the emergency purchase policy procedure to solicit a one-year contract for completion of the citywide audit for FY 2022-2023.

Staff will also be working to issue an RFP for an audit firm to have a longer commitment for FY 2023-2024 and three subsequent years.

Fiscal Impact & Funding Source(s): No additional fiscal impact to the Finance Department’s current FY 2023-2024 budget as this cost was included as part of the Department’s operational budget for FY 2023-2024 budget.

Legal Review: No legal review is needed at this time.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. By not engaging an immediate auditor, the FY 22-23 audit could be delayed into the early part of the Tulare City Council Page 7
Agenda Memo - September 5, 2023
new fiscal year, causing delay of state and federal funds, negative debt status, additional grant funds, and not being considered for the GFOA award.

7.9 Resolution of Support for SALC Planning Grant.

Recommended Action: Adopt a resolution authorizing application for and receipt of Sustainable Agricultural Lands Conservation (SALC) Planning Grant Funds and authorize the City Manager to execute the City of Tulare SALC Planning Grants Program Application, the SALC Planning Grant documents, and any amendments thereto, on behalf of the City of Tulare as required by the California Department of Conservation for receipt of the SALC Planning Grant. [M. Anaya] Summary: The SALC Planning Grant can provide funds to develop a plan that conserves critical agricultural lands by designing and implementing land use policies and accompanying strategies that reduce the threat of conversion to nonagricultural uses and reduce vehicle miles traveled. Plans may also recognize and protect the other co-benefits of conserving agricultural lands.

The City of Tulare is eligible to receive up to $500,000 from the SALC Planning Grant program. Staff is proposing to create a strategic plan that focuses on areas in the City’s sphere of influence to prioritize conservation of agricultural land by way of easements or mitigation banks to preserve greenbelts or multi-benefit corridors that surround the City as it continues to develop. In addition, the strategic plan will identify further opportunities for groundwater recharge as well as land fallowing and development opportunities, in consideration of the effects of SGMA implementation in the region. By having a diverse team of collaborators (City, County, LAFCO, Farmers & Farm Bureau, Land Trusts, Irrigation Districts, GSAs, Community Groups, and Real Estate and Development concerns), the City aims to create a strategic plan that finds common ground policies and implementation plans that provide multiple benefits regarding farmland conservation, open space & habitat conservation, groundwater recharge, and economic development.

Fiscal Impact & Funding Source(s): The SALC Planning Grant has a 10% match requirement, which will be met by staff time spent on administering and managing the grant. This would be up to $50,000 over the course of the grant (2-3 years), paid from existing budgeted departmental salaries.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes: City staff will edit project and/or award requests and submit an application to the SALC Planning Grant program; 2) Deny:

The City will not apply for the SALC Planning Grant and forego the opportunity to receive grant funds for the specified project if awarded the grant; or 3) Table:

Rescheduling consideration of this item would cause the City to miss the deadline to apply for the SALC Planning Grant.

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

8.1 Adoption of ERF-2-R Grant Allocations. [Time Estimate: 8:10-8:40 p.m.] Recommended Action: Adopt resolution approving the allocation of Encampment Resolution Funding Program Round 2 Rolling Disbursement (ERF-2-R) grant funds in the total amount of $4,785,086 to street outreach, services coordination, systems support, rapid rehousing, interim sheltering, operating subsidies, and administrative activities in accordance with the City’s ERF-2-R application and allocations outlined in the resolution; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program. [A. Costales] Summary: The state of California has established the Encampment Resolution Funding Program (“ERF”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022). The ERF Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency. ERF provides one-time, competitive grant funds to Continuums of Care and/or Local Jurisdictions. To date, there have been two rounds of the ERF Program. Housing and Grants Division staff, with letters of commitment and other information from community-based organizations, developed and submitted proposals for the ERF Program in the inaugural round (“ERF-1”) during December 2021 and through the Rolling Disbursement period of Round 2 (“ERF-2-R”) during February 2023.

The ERF Program, per the ERF-2-R Notice of Funding Availability guidelines, purports to fund actionable, person-centered proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data-informed, non-punitive, low-barrier, Housing First, and coordinated approaches. Proposals may bolster existing, successful models and/or support new approaches that provide safe, stable, and ultimately permanent housing for people experiencing homelessness in prioritized encampments.

The City’s ERF-1 project officially began in July 2022. Under the ERF-1- grant project, a network of six organizations engaged a focus population, estimated at less than 100 unhoused people within encampments adjacent the Union Pacific Railroad, and delivered a mix of social, palliative, health, and housing related services. Table 1 provides an overview of key ERF-1 project elements.

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Table 1 – Summary of ERF-1 Project Features
Intervention Type Explanation
Case Managers Three full-time employees (FTE) across the Kings Tulare CoC, Salt+Light Works, and
Kings View organizations leading street
outreach, case management, and housing
navigation for a maximum of 75 unhoused
people.

Fresh Start Wash and Wellness
(Shower and Hygiene)
Clean the World (CTW) Foundation, Inc.,
deploys a four-stall shower and bathroom
trailer. This is a self-contained portable unit
that is operated by two FTE staff with CTW.

Service scaled from 3 to 4.5 days per week
and includes an ADA accessible stall, a
sharps container, awning, and display
television.

Food and Palliative Supplies
Service
Salt+Light Works manages a distribution
service of food and palliative relief items
(e.g., water bottles, clothing, hygiene kits).

Service available at least three-days per
week and involves contributions from 5 staff
members at levels from 0.70 to 0.10 FTE.

Medical Mobile Care Clinic Adventist Health Tulare deploys a Mobile Care Clinic (MCC) team and associated
multipurpose vehicle one day per week.

Service involves a team led by a resident
physician, medical assistants, and outreach
staff. Collectively, the MCC offers first aid,
wound care, assessments, education, and
referrals for outpatient care within Tulare.

Homeless Multi-Disciplinary
Team
The Tulare County Health and Human
Services Agency deploys their Homeless
Multi-Disciplinary Team (MDT) one day per
week. The MDT consists of personnel from
public health, human services, and mental
health divisions. This team offers benefits
acquisition, substance use assessments and
counseling, notarization, and mental health
assessments and referrals.

Deposit and Rent Assistance Provides double security deposit and up to 12-months of rent assistance at public or
privately managed units. Budget based on
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short-term rental subsidy for 57 clients
across a mix of one-, two-, and threebedroom units.

Client Flex Fund Offers a personal fund of $2,674 per client to address a range of costs important to
securing and sustaining permanent housing.

Expenses under this fund often include
coverage of standard monthly utilities as well
as payment of rental application fees, minor
debt, home supplies and furnishings, vehicle
maintenance, and pet registration and
veterinarian services.

Waste and Hygiene Facilities Servicing several times per week of three (3) six-yard waste bins and five (5) portable
restrooms. Includes the occasional
deployment of large roll-off bins.

By October 2022, the ERF-1 project implemented all planned services. And over several months, contractors cultivated a high use of direct services and case management, as well as, facilitated improvements to basic conditions within the prioritized encampments. As of July 1, Case Managers supported a move of thirty-four (34) people from the prioritized encampment area to emergency, transitional, and/or permanent housing. Twenty-five of these people secured permanent housing. And fiscally, a total of $1,092,243 in ERF-1 grant funds was fully paid, which represents roughly 69 percent of the total ERF-1 grant award.

From the start of the ERF-1 project through January 2023, City staff and contractors observed an in-flow and concentration of unhoused people to the prioritized encampment sites adjacent the Union Pacific Railroad. These prioritized sites began at Centennial Park and spanned south along ‘I’ Street to Bardsley Ave. The in-flow was due in part to clearing actions of Union Pacific and the general movement of unhoused people from other sites within the City of Tulare. The larger than anticipated focus population and demand for services challenged the effectiveness of direct services and housing outcomes. The impact of field services was partially diluted and the quality and timeliness of assessments and referrals for professional care and/or housing may wane if case managers and other providers are unable to manage a larger than anticipated client pool. Altogether, the growth of focus encampments prompted a scaling and enhancement of ERF-1 services where feasible.

The City’s ERF-2-R application and total grant award of $4,822,586 will scale and enhance outreach, rapid rehousing, services coordination, and systems support of the existing project. A minimum of 120 unhoused people will receive individual case management and housing navigation services through the ERF project term of June 2024. The addition of a licensed clinical social worker will improve care coordination and the availability of assessments and referrals to available medical, behavioral Tulare City Council Page 11
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health, and mental health providers. And to complement direct services, the ERF-2-R proposal also enables the implementation of an on-the-job training program as well as increases the total amount of rental assistance and client flex funds available for clients. The prospect of securing and sustaining interim and permanent housing options for ERF clients is also benefited through investments of ERF-2-R grant funds in the form of operating subsidies or construction financing to three projects. Below, Table 2 outlines proposed allocations of ERF-2-R grant funds.

Table 2 – Proposed Activities, Contractors, and Allocations of ERF-2-R Grant Funds ERF Program - Eligible
Use Category
Description Allocation of
ERF-2-R grant
funds
Systems Support
Deploy a licensed clinical social
worker through Kings View Inc. to
engage all clients and guide the
assessments and referral(s) for
professional treatment(s) with case
managers. This accounts for an 0.75
FTE position and follows a
commitment of 2023 CDBG funds.
$29,817
Services Coordination
Add client case management and
transportation services with Kings
Tulare Continuum of Care Agency,
which includes two full-time
employees and operating expenses.
$171,042
Services Coordination
Implement a paid job-training
program for a minimum of 10 clients
with Community Services and
Employment Training, Inc., which
involves staffing, operating, client,
and indirect costs.
$237,502
Street Outreach
Continue outreach and delivery of
food and palliative supplies for
clients with Salt+Light Works, which
involves personnel, operational, and
indirect expenses.
$307,548
Street Outreach
Continue mobile shower and
hygiene service with Clean the
World Foundation, Inc., which
includes personnel, operating, and
indirect expenses.
$272,664
Tulare City Council Page 12
Agenda Memo - September 5, 2023
Services Coordination
Continue outreach, benefits
enrollment, notary service, public
health education, and alcohol and
drug counseling for clients with
Tulare County Health and Human
Services Agency’s Homeless
Multidisciplinary Team.
$31,200
Operating Subsidies
Invest grant funds in the form of
capital operating subsidies for new
supportive housing units at Madson
Gardens, a multifamily affordable
housing project owned by RH
Community Builders. This
investment will reserve 15 units over
five years for clients.
$788,407
Operating Subsidies
Invest grant funds in the form of
capital operating subsidies to interim
housing at Eden House, a type of
enhanced emergency housing
owned by Self-Help Enterprises.

This investment will reserve 8 beds /
rooms over three years for clients.
$990,908
Interim Sheltering
Develop interim shelter at the City of
Tulare’s emergency shelter complex,
which will consist of at least sixteen
private 100 square feet units.
$1,289,200
Rapid Rehousing
Bolster rental and stability
assistance funds available to clients,
which includes double security
deposits and a flex fund that covers
a range of expenses important to
securing and sustaining a client’s
tenancy.
$518,406
Street Outreach
Continue deployment and servicing
of portable restrooms and hand
washing stations with Sierra
Sanitation Inc. at prioritized
encampment area.
$74,520
Tulare City Council Page 13
Agenda Memo - September 5, 2023
Street Outreach
Continue deployment and servicing
of four six-yard waste bins with
City’s Public Works Department at
prioritized encampment area.
$41,040
Administrative Costs
Maintain project oversight,
coordination, evaluation, and grant
management duties with City’s
Community Development
Department.
$32,832
Notes
• The above list is not exhaustive of all the proposed uses of ERF-2-R grant fuds. The remaining $37,500 involves expenses for training, contractor mileage and other client transportation, and supplies, which are under the minor contract threshold.
• About 72 percent of ERF-2-R grant funds address emergency, interim, and/or permanent housing options for clients.

The resolution presented by the Housing and Grants Division accounts for activities and uses of funds subject to the City’s major contracts procurement policy. If approved as presented, then the Housing and Grants Division staff may proceed with establishing scopes of work, detailed budgets, program guidelines, reporting and evaluation standards, and other terms with each entity. Given the specialized nature of the local homelessness services industry and the proposed ERF-2-R activities and investments separately, the Housing and Grants Division recommends use of a sole source procurement method to secure reliable services and achieve a timely start of ERF-2-R project activities. The attached ERF-2-R application document and standardized budget template offer further details on the ERF project’s objectives, focus population, network of services, housing pathways, and anticipated costs previously evaluated and awarded by Cal ICH.

Fiscal Impact & Funding Source(s): Encampment Resolution Funding Grant (Fund 071)
Legal Review: This item does not require legal review.

Alternative Action: City Council may withhold approval of the proposed allocations of the City’s ERF-2-R grant award, all or several, and provide direction to City staff to develop different activities and allocations of grant funds for review at a future council meeting. 1) Deny: Reject the proposed activities and allocations and identify a different iteration of activities and obligation of ERF-2-R grant funds for City staff to present to the state Cal ICH and City Council for approval at a future time; or 3) Table:

Reschedule consideration of this item to a future City Council meeting.

Tulare City Council Page 14
Agenda Memo - September 5, 2023

8.2 First Reading of Ordinance to Amend Title 5 (Business Regulations) of the Tulare Municipal Code. [Time Estimate: 8:40-9:00 p.m.]
Recommended Action: Pass-to-print an ordinance amending Title 5 (Business Regulations) of the Tulare Municipal Code to add Chapter 5.62 (Disqualification of Contractors for Public Works Contracts). [M. Miller]
Summary: Currently, the City of Tulare adheres to the provisions of Section 23 (Purchase by Contract or in the Open Market) and Section 46 (Public Works to Be Done by Contract) of the City Charter, and Public Contract Code with regard to the procurement of contractor services for City capital improvement projects. None of the sources provide for the means of disqualifying contractors on the basis on past performance on City projects. As a result, the City has no option but to award contracts based on the “lowest responsive bidder” basis. On several occasions, this has resulted in City contracts being awarded to contractors who have a demonstrated history of either not being willing or able to comply with approved project plans and specifications. The City has incurred significant costs related to staff time, additional materials testing, and legal representation whilst trying to ensure that such contractors take corrective actions to remedy deficient work. In several instances, the City has opted to apply payment reductions and accept said deficient work. While such measures are in accordance with allowable provisions of state standard specifications, they are not ideal, as the City does not end up with the quality of product desired. The service life of improvements that fail to meet specifications is likely to be shorter than expected, ultimately leading to increased maintenance costs to the City.

The proposed ordinance will add a new Chapter (5.62) to the City Municipal Code to provide mechanisms for the City to disqualify contractors on City public works contracts.

Fiscal Impact & Funding Source(s): The proposed ordinance could result in significant savings to the City through the reduction of legal fees associated with resolving contract disputes when dealing with a nonresponsive contractor, and through reducing anticipated maintenance costs associated with non-standard work being performed on City public works projects.

Legal Review: This item was reviewed by legal counsel.

Alternative Action: 1) Approve with changes: Staff would work with the City Attorney to revise the Ordinance to incorporate any changes requested by City Council; 2) Deny: No further action would be taken by staff; or 3) Table: Staff would await further direction from City Council.

Tulare City Council Page 15
Agenda Memo - September 5, 2023

8.3 PK0033 Zumwalt Park Renovation Project. [Time Estimate: 9:00-9:20 p.m.] Recommended Action: Award and authorize the City Manager to sign contracts related to the construction of City Project PK0033 to renovate Zumwalt Park; authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised project sheet.

Task Description Contractor Amount

1. Construction
Contractor
Caliber Contracting Services, Inc. of
Fresno, CA
$11,964,000

2. Construction
Management &
Inspection
4Creeks of Visalia, CA $596,570

3. Materials Testing Krazan & Associates of Clovis, CA $29,765

4. Construction
Surveying
Lane Engineers of Tulare, CA $67,700

5. Labor Compliance Silvera Consulting of Galt, CA $31,780 Summary: Capital Improvement Project No. PK0033 will renovate Zumwalt Park, activating what is currently a passive park space by creating a regional destination serving the entire community with new recreational and entertainment opportunities.

Through the new amenities that will be added, it is anticipated that Zumwalt Park will become a driving force for the redevelopment and revitalization of Downtown Tulare.

The work to be performed by this project includes demolition of the existing restroom building, existing hardscape, site furnishings, and select landscaping and trees to make room for the new improvements. These new improvements will include a new amphitheater building and stage with tiered seating, concrete flatwork, lighting and landscaping improvements, a playground, a splash pad, an expanded restroom building, fencing, signage, and on-site utility improvements. Under the recommended full-build out with alternatives, the existing gazebo will be renovated to include new roofing and address electrical deficiencies and ADA accessibility improvements.

Additionally, an LED digital marquee sign would be included with the amphitheater improvements. Off-site improvements will consist of new curb, gutter, sidewalk, and striping along the west side of "N" Street, and along the north side of Kern Avenue.

This project was included and approved as a part of the City’s 2023-2028 CIP program budget.

Various contracts are required for the construction of this project. In addition to the actual construction contract, it will be necessary to supplement City staff with various consultant services from the City’s list of on-call consultants. The following contracts are recommended for award:

1. Construction Contract: Caliber Contracting Service Inc.

Upon finalization of the plans and specifications for the project, the Architect revised the estimated construction cost upwards to $8,898,468. Bids ranged in Tulare City Council Page 16
Agenda Memo - September 5, 2023
cost from $11,649,000 - $13,935,000. The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents. While bids received are significantly higher than the Architect’s estimate, this appears to be consistent with current construction costs trends being observed throughout the state and nation. Inflation, labor shortages, and significant supply chain issues in the building industry are driving higher than expected costs.

Caliber Contracting Services Inc. (Caliber) submitted the lowest responsive bid in the amount of $11,649,000 for the project base bid. Additionally, two bid alternates were included; bid alternate #1 to refurbish the existing gazebo for $235,000, and bid alternate #2 for an LED digital marquee sign for $80,000. Caliber’s base bid plus both alternates results in a total bid of $11,964,000. Caliber possesses current and active General Engineering Contractor’s licenses issued by the State of California and has submitted a list of licensed and experienced subcontractors who will be performing portions of the work. Award of the contract for the base bid plus alternates to Caliber would exceed the construction budget in the 2023-2028 CIP by $3,604,831.

Alternatively, should Council decide to award a contract to Caliber based on the base bid alone (i.e., no bid alternates), the construction contract amount would be reduced to $11,649,000, which would exceed the amount budgeted in the 2023- 2028 CIP by $3,289,831.

To further reduce construction costs, Council could award a contract to Caliber Contracting Services Inc. for the base bid and instruct staff to negotiate deductive change orders to reduce the project’s scope of work. Some potential items that could be removed from the project scope, and a preliminary estimate of resulting savings, are as follows:
• Delete splash pad – $998,000
• Delete playground equipment – $236,000
• Delete restroom building – $343,000.

2. Construction Management & Inspection: 4Creeks
Due to the volume of projects citywide, both private and public, the City does not have sufficient in-house staff capacity to perform the necessary construction inspection required by Zumwalt Park Renovation Project. Inspection for contract compliance is required for public improvements.
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 inspection services on a time and materials basis, not to exceed $586,570, 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.

Tulare City Council Page 17
Agenda Memo - September 5, 2023

3. Material Testing: Krazan & Associates
During constructing of improvements associated with this project, it will be necessary to perform materials testing to ensure compliance with City standards.

Material testing services including laboratory testing are outside the capabilities of the City.

Krazan & Associates of Clovis, CA is included on the list of pre-qualified On-Call Geotechnical and Materials Testing 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. Krazan & Associates has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $29,765, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and is well below the amount anticipated for these services.

4. Construction Surveying: Lane Engineers
During construction improvements, it will be necessary to provide construction staking so the Contractor has the necessary locations and elevations to properly construct the improvements. Survey services include field and office surveying and filing corner records with Tulare County. As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract, and therefore cannot be performed under the Contractor’s contract. Furthermore, City Staff does not have the time nor professional qualifications to perform these services.

Lane Engineers of Tulare, CA is included on the list of On-Call Construction Surveying consultants and demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Lane Engineers has reviewed the scope of the Zumwalt Park Renovation Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $67,700. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

5. Labor Compliance Monitoring: Silvera Consulting
This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for in accordance with the ever-changing requirements under state and federal law, it will be necessary to perform labor compliance monitoring of those contractors and consultants subject to these requirements.

Due to the complexities involved, the City simply does not have the resources available to perform this work.

Silvera Consulting of Galt, CA is included on the list of pre-qualified On-Call Labor Compliance Monitoring 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. Labor Consultants of California has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $31,780, in accordance with Tulare City Council Page 18
Agenda Memo - September 5, 2023
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.

Fiscal Impact & Funding Source(s): Fund 028 – ARPA Federal Grant - $5,000,000; Fund 390 – Parks DIF Funds - $5,000,000; Fund 601 – General Fund CIP - $5,156,227
Legal Review: Subsequent contract approval to be reviewed by City Attorney.

Alternative Action: 1) Approve with changes: Staff will implement Council’s direction regarding changes to the recommended alternative, such as deletion of bid alternatives or negotiation of deductive change orders following award of a construction contract; 2) Deny: Council could elect to reject all bids received for the project, direct staff to revise the project plans and specifications to reflect a reduced scope, and direct that the revised project be re-bid; or 3) Table: Council decided to postpone the proposed project the City could readvertise at a later date. Depending on the timelines associated with funding.

9. FUTURE AGENDA ITEMS [Time Estimate: 9:20-9:20 p.m.]

9.1 Analyze and Review Street Parking Ordinance.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Mederos]

10. STAFF UPDATES [Time Estimate: 9:20-9:25 p.m.]

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

12. RECONVENE FROM CLOSED SESSION

13. CLOSED SESSION REPORT

14. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, September 19, 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, August 15, 2023
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell (left at 9:00 p.m.)
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; Assistant Finance Director Melanie Gaboardi; 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
Mayor Sayre called the regular meeting of the City Council to order at 7:04 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Mederos led the Pledge of Allegiance, and an invocation was given by Susan Henard, Pastor of River Valley Church.

3. PRESENTATIONS

3.1 Certificate of Recognition - Pedro Jimenez Sanchez and Officer Robert Vasquez

3.2 Certificate of Recognition - Tulare Baseball Association

3.3 Certificate of Recognition - Tulare Youth Athletic Association

3.4 Certificate of Recognition - Ava Olson, CIF Central Section D2 Champion

3.5 Certificate of Recognition - Megan Farrenkopf, IEA National Sportsmanship Award Recipient

3.6 Certificate of Recognition - Matthew Rios, South California Nevada Cycling Association 2023 Champion for Category 3
Item #: 7.2
Consent
City Council Meeting Minutes August 15, 2023
City of Tulare Page 2

4. PUBLIC COMMENTS
The following provided public comment: Lonnie Lopez regarding abandoned vehicles, Steve Celentano regarding a 4-way stop and crosswalks at Cross and Coehlo, Eric Coyne providing budget wins for Senator Melissa Hurtado, and Donnette Silva-Carter with Chamber updates.

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

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

7. CONSENT CALENDAR
Items 7.2 and 7.9 were removed from the Consent Calendar by Council.

It was moved by Councilmember Harrell, seconded by Councilmember Sigala, and unanimously carried to approve the items on the Consent Calendar as presented except for items 7.2 and 7.9.

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.

7.3 Second Reading and Adoption of Street Racing and Spectator Ordinance.

Recommended Action: Adopt Ordinance 2023-06 adding Chapter 32 of Title 6 of the Tulare Municipal Code related to street racing. [J. Boatman]

7.4 Second Reading and Adoption of Quimby Act Ordinance.

Recommended Action: Adopt Ordinance 2023-07, the Quimby Act Ordinance, adding Chapter 8.26 to the Tulare Municipal Code, and implementing the provisions of the Quimby Act as described herein. [M. Anaya]

7.5 Parcel Map Acceptance – TPM 2022-04.

Recommended Action: Approve the Parcel Map filed by CFT NV Developments LLC for the division of land located north of Bardsley Avenue and east of Blackstone Street and accept public utility easements offered to the City on said map. [M. Miller]

7.6 Retention for Routine Video Monitoring.

Recommended Action: Adopt a resolution setting retention of routine video monitoring (building/facility security cameras) to no less than 90 days in accordance with Gov. Code section 34090.7. [J. Bowling]

7.7 July 2023 Investments Report.

Recommended Action: Accept the monthly investments report for July 2023. [D. Ibañez]
City Council Meeting Minutes August 15, 2023
City of Tulare Page 3

7.8 Surplus of Damaged Fire Safety Trailer.

Recommended Action: Adopt a resolution authorizing the surplus of the Fire Department’s fire safety trailer. [R. Leonardo]

7.10 2023 Edward Byrne Memorial Justice Assistance Grant.

Recommended Action: Adopt a resolution accepting and approving the expenditures of the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $22,355.00. [J. Boatman]

PULLED CONSENT CALENDAR ITEMS

7.2 Special and/or Regular Meeting Minutes of August 1, 2023.

Recommended Action: Approve as submitted. [M. Hermann]
Council Action: Councilmember Mederos pulled this item to add “subsequent to a staff meeting with the Tulare Historical Society” for the action taken on item

16.1. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as amended.

7.9 Adoption of ERF-2-R Grant Allocations.

Recommended Action: Adopt a resolution approving the allocation of the Encampment Resolution Funding Program Round 2 Rolling Disbursement (ERF2-R) grant funds in the amount of $149,442 for various services; and authorize the City Manager or their designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program. [A. Costales]
Council Action: It was the consensus of Council to bring this item back to a future meeting for discussion and presentation.

8. PUBLIC HEARINGS

8.1 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.

Presented By: Community Development Director Mario Anaya Public Comment: The public hearing was opened at 8:13 p.m. An unnamed woman who is a mobile food vendor addressed the Council in favor of the changes proposed. Receiving no further comments, the public hearing was closed at 8:16 p.m.

Council Action: It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and carried 4 to 1 (Councilmember Sigala voted no) to table this item for further study and discussion.

9. GENERAL BUSINESS

9.1 Tulare Parks and Recreation Master Plan and Needs Assessment.

Recommended Action: Receive the second presentation of the Tulare Parks and Recreation Master Plan and Needs Assessment.

Presented By: Community Services Director Jason Glick; Mike Svetz of PROS Consulting
City Council Meeting Minutes August 15, 2023
City of Tulare Page 4
Public Comment: None
Council Action: This was an informational item; no action taken.

9.2 Voting Delegate Selection for Annual League Conference.

Recommended Action: Select Voting Delegate and Alternate for the League of California Cities Annual Conference at the General Assembly on Friday, September 22, 2023, and authorize the city clerk to execute the delegate form.

Presented By: Chief Deputy City Clerk Melissa Hermann
Public Comment: None
Council Action: It was moved by Councilmember Mederos, seconded by Mayor Sayre, and carried 4 to 0 (Councilmember Harrell absent) to select Councilmember Sigala as the voting delegate and Councilmember Mederos as the alternate.

10. FUTURE AGENDA ITEMS - None Submitted

11. STAFF UPDATES
Staff provided updates on department activities.

A moment of silence was observed for the victims of the tragic fire in Hawaii.

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

12.1 Conference with Labor Negotiators (Government Code § 54957.6) Agency Representatives: Mario Zamora, Marc Mondell, Josh McDonell, Janice Avila, Michael Ott
Employee Organization: Tulare Professional Fire Fighter Association - NonManagement; Tulare Professional Fire Fighter Association - Management Council recessed to closed session at 9:24 p.m.

13. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 10:08 p.m.

14. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.

15. ADJOURNMENT
The regular meeting was adjourned at 10:08 p.m.

Approved by Council: September 5, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Paige Industrial Preliminary Oversize Agreement

RECOMMENDED ACTION
Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with CA Industrial Tulare, LLC, a Delaware limited liability company for construction costs associated with the Paige Industrial Warehouse development that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of the Paige Industrial Warehouse development located west of ‘I’ Street on Paige Avenue, CA Industrial Tulare, LLC (Developer) is required to install a master plan water main in Paige Avenue and widen Paige Avenue across the project’s frontage. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

FISCAL IMPACT & FUNDING SOURCE(S)
The following funding sources will be impacted:

DIF Transportation Facilities – Principal / #001-4320-8206 DIF Transportation Facilities – Interest / #001-4320-8306 DIF Water Facilities – Principal / #001-4751-8206
DIF Water Facilities – Interest / #001-4751-8306

LEGAL REVIEW
City Attorney has reviewed to form the Engineering Departments standard preliminary oversize reimbursement agreement.

ALTERNATIVE ACTION

1. Approve with changes would delays in the installation of offsite improvements.

2. Denying the agreement would have financial impacts on the overall cost the project for the developer.

3. Tabling the agreement would cause delays in the installation of offsite improvements.

Item #: 7.3
Consent

7.3 Consent Page 1

ATTACHMENTS

1. Preliminary Oversized Reimbursement Agreement Paige Industrial Warehouse Offsite Improvements
Reviewed/Approved:

7.3 Consent Page 2

Page 1 of 7 ends

PRELIMINARY OVERSIZED REIMBURSEMENT AGREEMENT

PAIGE INDUSTRIAL WAREHOUSE OFFSITE IMPROVEMENTS
This Preliminary Oversize Reimbursement Agreement (“Agreement”) is made and entered into as of this _______ day of ________, 2023, by and between the CITY OF TULARE, a Municipal Corporation in the State of California, hereinafter referred to as the “CITY”, and CA Industrial Tulare, LLC, a Delaware limited liability company, hereinafter referred to as “DEVELOPER,” with reference to the following facts:

WHEREAS, said DEVELOPER is the owner and developer of an industrial warehouse located approximately 1000 feet west of South ‘I’ Street on the south side of Paige Avenue (hereinafter referred to as “Property”), and WHEREAS, the CITY’s conditional approval for development of the Property requires DEVELOPER to construct a master plan water main on Paige Avenue and Paige Avenue street improvements that are regional in nature, and WHEREAS, Chapter 8.64 of Title 8 of the Municipal Code of Tulare requires, in the event that sewer, water, storm drain or street improvements are installed by a developer or a right of way is dedicated by the same, any of which contain supplemental improvements as described in that Chapter, that the CITY shall enter into a reimbursement agreement for oversize improvements with the developer; and WHEREAS, CITY and DEVELOPER desire to memorialize their agreement with respect to the foregoing as more fully set forth below in this Agreement.

NOW, THEREFORE, incorporating the foregoing recitals, and in good consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, CITY and DEVELOPER hereby agree as follows:

1. Reimbursable Site Work. CITY and DEVELOPER agree that the components of the improvements to the Property identified below, required as conditions of approval for the Paige Industrial Warehouse, are eligible for oversize construction reimbursement by the CITY to DEVELOPER, in accordance with Chapter 8.64 of Title 8 of the City Code of Tulare. Estimated costs identified below have been rounded to the nearest 100 dollar increment. a. Water Facility Improvements – Per City oversize policies and the Municipal Code, water facility improvements that serve regional needs and are of a supplemental size or quantity to accommodate such are eligible for oversize construction reimbursement.

7.3 Consent Page 3 ATTACHMENT 1

Page 2 of 7 ends

i. 12-inch Water Main – C900 DR 14 master plan water main extension on Paige Avenue. Cost estimate below reflects the different in cost of an 8-inch vs. 12-inch water main. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Unit Cost Value
3,686 LF $40/LF $147,500
ii. 12-inch Gate Valve – Water main gate valve. Cost estimate below reflects the different in cost of an 8-inch vs. 12-inch gate valve. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Unit Cost Value
21 EA $200/EA $4,200
iii. 20-inch Steel Casing Pipe and 12-inch Ductile Iron Pipe – Casing pipe for jack and bore under railroad with 12” ductile iron pipe water main on Paige Avenue. The estimated value of supplemental
improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Unit Cost Value
215 LF $550/LF $97,400
b. Street Improvements – Per City oversize policies and the Municipal Code, street improvements that serve regional needs and are of a supplemental size or quantity to accommodate such are eligible for oversize construction reimbursement.
i. Paige Avenue 1.0-inch Asphalt Concrete – Paige Avenue asphaltic concrete within the first 22 feet measured from lip of gutter. Cost estimate below reflects the difference in asphalt concrete cost of a collector street vs. major arterial Street. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Thickness Unit Cost Value
28,958 SF 1.0 inch $0.79/inch/SF $22,900

7.3 Consent Page 4

Page 3 of 7 ends

ii. Paige Avenue 6.5-inch Asphalt Concrete – Paige Avenue asphaltic concrete beyond 22 feet measured from lip of gutter. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Thickness Unit Cost Value
17,032 SF 6.5 inch $0.79/inch/SF $87,500
iii. Paige Avenue 12-inch Aggregate Base – Paige Avenue aggregate base within the first 22 feet measured from lip of gutter. Cost estimate below reflects the difference in aggregate base cost of a collector street vs. major arterial Street. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Thickness Unit Cost Value
28,958 SF 12.0 inch $0.23/inch/SF $80,000
iv. Paige Avenue 23-inch Aggregate Base – Paige Avenue aggregate base beyond 22 feet measured from lip of gutter. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Thickness Unit Cost Value
17,032 SF 23.0 inch $0.23/inch/SF $90,100
v. ‘I’ Street 5-inch Asphaltic Concrete – ‘I’ Street asphaltic concrete beyond 22 feet from lip of gutter. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Thickness Unit Cost Value
3,861 SF 5.0 inch $0.79/inch/SF $15,300
vi. ‘I’ Street 7-inch Aggregate Base – ‘I’ Street aggregate base within the first 22 feet measured from lip of gutter. Cost estimate below reflects the difference in aggregate base cost of a collector street vs. minor arterial Street. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Thickness Unit Cost Value
3,863 SF 7.0 inch $0.23/inch/SF $6,300

7.3 Consent Page 5

Page 4 of 7 ends

vii. ‘I’ Street 18-inch Aggregate Base – ‘I’ Street aggregate base beyond 22 feet measured from lip of gutter. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Thickness Unit Cost Value
3,861 SF 18.0 inch $0.23/inch/SF $16,000
The total estimated costs eligible for oversize reimbursement is $567,200.

2. Oversize reimbursable costs shall be based on the actual cost of installation.

In addition, reimbursement shall be limited to the additional material costs where a difference in material quantities is involved. Reimbursement for right of way dedications shall be determined in accordance with the provisions of Chapter 8.64.030 (B) of the City of Tulare Municipal Code. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees directly attributable to the oversized portion.

3. The CITY shall pay interest on any outstanding principal balance owed to DEVELOPER pursuant to this Agreement at a variable rate, compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence from the acceptance date on the notice of completion.

4. The total principal and interest for oversize and/or excessive right of way dedication shall be paid to the DEVELOPER by the CITY in accordance with Chapter 8.64.020 of the City of Tulare Municipal Code which is incorporated herein.

5. CITY shall maintain a Reimbursement List for each fund maintained through the City’s DIF program. DEVELOPER shall be added to each applicable list in date order. The applicable date for purposes of proper placement on the Reimbursement List shall be the date upon which the City accepts the improvements following Notice of Completion.

6. Reimbursements are to be made by mail to the DEVELOPER at the following address:
c/o CA Ventures
448 North LaSalle Drive, Floor 2
Chicago, Illinois 60654

7.3 Consent Page 6

Page 5 of 7 ends

Attention: Michael Podboy

7. CITY and DEVELOPER each make the following representations and warranties to the other: (i) it has the legal power, right, and authority to enter this Agreement and to perform its obligations hereunder, (ii) all requisite action has been taken and all required consents, approvals, and authorizations have been obtained by it in connection with entering into this Agreement, (iii) no further consent of any partner, shareholder, trustee, trustor, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other person or entity is required for it to perform its obligations under Agreement, (iv) the individuals executing this Agreement on its behalf have the legal power, right and actual authority to bind it to the terms and conditions hereof, and (v) upon full execution, this Agreement shall constitute the legal, valid and binding obligations of it, enforceable against it in accordance with its terms, to the extent permitted by law.

8. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.

9. If either DEVELOPER or CITY brings an action, suit or other legal proceeding against the other for any matter relating to or arising out of this Agreement, then the prevailing party in such action or dispute, whether by final judgement, out of court settlement or otherwise, shall be entitled to recover from the other party, in addition to any other relief granted, all costs and expenses of such legal action, including reasonable attorney’s fees, unless otherwise mutually agreed upon by the parties.

10. This Agreement represents the entire understanding of the CITY and the DEVELOPER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing and signed by both the CITY and the DEVELOPER.

11. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement, or any part thereof.

12. Venue with respect to any disputes arising from this Agreement is proper in the Superior Court of California, County of Tulare.

13. The parties agree that each shall give the other 60 days’ advance written notice and attempt to settle any disputes through mediation prior to filing any legal action in the Superior Court, unless this requirement is expressly waived in writing by both parties.

7.3 Consent Page 7

Page 6 of 7 ends

14. Service of any notices or documents relating to this Agreement is proper through personal service to the City Manager’s Office or Developer’s above-stated place of business, or by U.S. Mail. Service shall be deemed complete upon personal service or upon the fifth (5th) calendar day following the post-marked date upon anything served by mail. ///
///
///
///
IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.

CITY OF TULARE CA Industrial Tulare, LLC,
A Municipal Corporation a Delaware limited liability company “CITY” “DEVELOPER”
By: By:

Marc Mondell, City Manager
Name: Michael Podboy
Title:_______________
ATTEST:

Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:

City Attorney

7.3 Consent Page 8

Page 7 of 7 ends

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

7.3 Consent Page 9
Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: EN0094 NV5 Contract Amendment

RECOMMENDED ACTION
Approve and authorize the City Manager to sign a contract amendment in the amount of $56,008.96 with NV5, Inc. for additional construction inspection services related to City Project EN0094 – Sycamore/San Joaquin Improvements, a street and utility improvement project between O Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount.

SUMMARY
This project is a street and utility improvement project on the following street segments:
• King Avenue between O Street and Cherry Street,
• Sycamore Avenue between Cherry Street and Blackstone Street, • San Joaquin Avenue between O Street and Blackstone Street, • Madden Street between Tulare Avenue and King Street,
• Delwood Street between Sycamore Avenue and San Joaquin Avenue, and • Highland Street between Tulare Avenue and Sycamore Avenue.

On April 19, 2022, the City Council approved a contract with NV5, Inc. in the amount of $368,480 for construction inspection services on the project. This work has been performed on a time and material basis in accordance with an existing on-call consultant agreement for construction management services. Construction of the project has proceeded in a slower manner than anticipated, resulting in additional construction days being added to the project schedule. NV5, Inc. has worked closely with City staff to minimize the additional costs associated with the extended project schedule; however, they have estimated the need for up to an additional $56,008.96 to complete the construction inspection that will be necessary for project completion. All additional costs associated with the extended construction timeframe, including this amended contract amount, will be assessed to the construction contractor and recovered through the liquidated damages provisions of the contract specifications. Therefore, no additional funding will be required for this contract amendment.

Item #: 7.4
Consent

7.4 Consent Page 1

FISCAL IMPACT & FUNDING SOURCE(S)
Additional costs associated with the proposed contract amendment will be funded by liquidated damages to be assessed to the project’s construction contractor.

LEGAL REVIEW
None required at this time.

ALTERNATIVE ACTION

1. Approve with changes – Staff would be required to negotiate any proposed changes with the construction inspection contractor (NV5, Inc.).

2. Deny – Project EN0094 cannot be completed without construction inspection services.

3. Table – Delay resulting from the City’s failure to act on the proposed contract amendment would likely impact the City’s ability to assess liquidated damages to the construction contractor.

ATTACHMENTS
None
Reviewed/Approved:

7.4 Consent Page 2
Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Community Services
Submitted by: Community Services Director Jason Glick
Agenda Title: PK0012 Elk Bayou Soccer Complex Parking Lot Project

RECOMMENDED ACTION
Approve updated CIP Project PK0012, an improvement project to the three existing dirt soccer field parking lot areas at the Elk Bayou Soccer Complex; and approve an increase in the proposed budget from $58,000.00 to $70,000.00.

SUMMARY
Project PK0012 is an active item on the City’s 2023-2024 CIP project list that proposes to improve the parking areas at the Elk Bayou Soccer Complex. The existing parking areas at Elk Bayou Soccer Complex are unpaved and require annual grading, striping, and periodic water truck application to mitigate dust issues that arise during youth soccer games on weekends, particularly during the Fall and Spring months.

Project PK0012 originally called for the application of a high-grade asphalt emulsion oil that penetrates and binds with the base rock, but after consulting with road and pavement professionals, staff had determined that the high-grade asphalt emulsion oil will not be ideal for the application and will deteriorate in an inefficient manner. A far more efficient and longer lasting, but slightly more expensive solution would consist of applying two inches of 3/4” gravel throughout the parking area. This solution would increase the longevity of the parking areas and would be more ideal for dust control. City Parks and Streets staff would provide the labor for this proposed project. Due to time constraints (approaching soccer season), a Request for Proposals was not advertised, but staff was able to obtain three quotes:
• Porterville Rock & Recycle Inc. $69,755.04
• West Coast Sand & Gravel Inc. $71,014.32
• Stoney’s Sand & Gravel LLC $81,247.35
The original budgeted amount for this project is $58,000.00. Staff proposes to transfer $12,000.00 from project number PK0036 (Centennial Park Parking Lot) into project number PK0012 to increase the budget to $70,000.00. The total cost for this proposed project would be $69,755.04.

FISCAL IMPACT & FUNDING SOURCE(S)
Fund 601 – General Fund CIP

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes
Item #: 7.5
Consent

7.5 Consent Page 1

2. Table

3. Deny

ATTACHMENTS

1. Updated PK0012 Project Sheet

2. Porterville Rock & Recycle Inc Quotes
Reviewed/Approved:

7.5 Consent Page 2
Prior Years
Remaining
Year 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028
Costs Description
050 - Construct/Implement $0 $0 $69,755 $0 $0 $0 $0 $69,755 $0 0601 - Material Costs $0 $0 $69,755 $0 $0 $0 $0 $69,755 $0 0991 - Parks and Street Staff Time $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
0999 - Contingency $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Costs: $0 $0 $69,755 $0 $0 $0 $0 $69,755 $0
Funding Sources
Fund 601 - Other General Fund CIP $0 $0 $69,755 $0 $0 $0 $0 $69,755 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0 $0
Total Funding: $0 $0 $69,755 $0 $0 $0 $0 $69,755 $0
G/L #'s:

KEY POINTS: The three (3) existing parking lots are unpaved and requires annual grading, striping, and periodic water truck applications to control dust. Applying 2 inches of 3/4" crushed rock gravel to the existing unpaved parking lots will improve the parking lots and provide better dust control. Net present value $69,755 CRITERIA (1-8): Criteria 4: Project represents an investment that will return real cash savings over an identifiable investment horizon and that return exceeds the City's cost of capital (cost of capital equals weighted average interest on City debt issues and capital leases).

Fiscal Year
Total Unfunded
District(s): 3
Elk Bayou Soccer Park Parking Lot
(Capital)
FUTURE M & O:
(Additional Cost & Department Responsibility)
$3,500 annually.

PROJECT STATUS: Request For Funding
PROJECTED START DATE: 7/1/2023
PROJECTED END DATE: 6/30/2024
PROJECT MANAGER: Jason Glick
PROJECT DESCRIPTION & PURPOSE: Apply 2 inches of 3/4" crushed rock gravel to the three (3) existing unpaved parking lots located at the Elk Bayou Soccer facility.
2023 - 2028 CIP Parks
PROJECT #: PK0012
(Maintenance & Repair)

7.5 Consent Page 3 ATTACHMENT 1
PORTERVILLE ROCK & RECYCLE, INC.
14200 Rd. 284
Porterville, CA 93257
559-781-6389 (Office)
559-781-2358 (Fax)

MATERIAL QUOTE
Contact Name:

Phone:

Job Name:

Material: Tonnage: Price:

Material: Load Price:
3 days of trucking $19,200 4 Days of trucking $25,600
Actual hours and tonage will be charged this is just a quote The price quoted does not include any testing or quality control requirements. We do our own testing and the material will meet either state specifications or your job formula. Any other material testing must be arranged with our office 48 hours in advance and will be at the customer's expense.

All Materials will be tested at our production site because we have no control of product integrity after it leaves our plant. We will not be liable for any testing on the job site.

All orders should be set up through our office 24 hours in advance.

All orders are subject to availability.

Material should be picked up at our Main Plant
14200 rd 284
Porterville, CA 93257
Phone: 559-333-3004 (message only)
Submitted by: Ryan Coons
Porterville Rock & Recycle, Inc.

Accepted By:_________________________ Date:_______________________________

PLEASE FILL IN ANY INFORMATION LEFT BLANK, SIGN & RETURN IF YOU ACCEPT OUR TERMS. PRICES WILL NOT BE GUARANTEED IF THIS FORM IS NOT SIGNED AND RETURNED Ivan Date: 07/27/2023
Trucking 160
Company Name: City of Tulare
Location: FOB Plant
This Contract serves as binding agreement between supplier and customer for material purchas 559-381-0971 Email: [email protected]
Sports Complex
Terms: Payable 10th of the month following purchase. A FINANCE CHARGE of 1-1/2% which is 18% PER ANNUM will be added to past due accounts. Debtor agrees to pay legal fees, court costs for collection or delinquent accounts and legal rate of interest for past due accounts accounts $1280 for 8 hrs a day per t
5 trucks per day $6400

7.5 Consent Page 4 ATTACHMENT 2

7.5 Consent Page 5
Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Little Caesars Deferred Improvement Agreement

RECOMMENDED ACTION
Approve a short-term deferred improvement agreement with Gussan Shedid to defer the construction of a City standard trash enclosure associated with the Little Caesars development.

SUMMARY
As part of the Little Caesars development located along the east side of Mooney Boulevard north of Bardsley Avenue, the developer, Gussan Shedid, is required to install a trash enclosure to service the proposed development. Mr. Shedid is in discussion with the adjacent property owner about the possibility of constructing a shared trash enclosure when the adjacent property develops. Mr. Shedid has requested a 2-year deferred improvement agreement on the installation of the trash enclosure and is willing to post a bond or equivalent surety for said improvements. Mr. Shedid is proposing to install a slated chain-link fence around the trash bin as a temporary measure until the final trash enclosure is constructed. The City’s Solid Waste Manager has considered the proposed temporary measures and does not have any objections.

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

LEGAL REVIEW
The City Attorney has reviewed and approved as to form the Engineering Department’s standard deferred improvement agreement.

ALTERNATIVE ACTION

1. Approve with changes could delay continued development of the site.

2. Denial of the deferred improvement agreement would require the developer to install the trash enclosure, which could incur additional costs to the property owners should future development of adjacent property require its removal and/or relocation.

3. Tabling the item would delay completion of the Little Caesars project.

ATTACHMENTS

1. Little Caesars Trash Enclosure Deferred Improvement Agreement Reviewed/Approved:

Item #: 7.6
Consent

7.6 Consent Page 1
1 RECORDING REQUESTED BY:
2 3 City of Tulare
4 411 East Kern Avenue
5 Tulare, CA 93274
6 7 WHEN RECORDED MAIL TO:
8 9 Same
10 11 PURSUANT TO GOVERNMENT CODE SECTION 6103,
12 NO RECORDING FEE REQUIRED.
13 14
15 SHORT-TERM DEFERRED
16 IMPROVEMENT AGREEMENT
17 18 This Agreement, made and entered into as of this ______ day of September 2023, by and between the 19 CITY OF TULARE, a Municipal Corporation in the State of California, hereinafter referred to as 20 “CITY”, and Gussan Shedid, hereinafter referred to as the "APPLICANT"; 21 22 W I T N E S S E T H
23 24 WHEREAS, the APPLICANT has received approval through Site Plan Review SP20-038 approving 25 the Little Caesars development on Assessor’s Parcel No. 172-150-021 (hereinafter referred to as the 26 “PROPERTY”) located in the City of Tulare, County of Tulare, State of California; and 27 28 WHEREAS, the City of Tulare placed engineering conditions of approval on development of the 29 PROPERTY located approximately 550 feet north of Bardsley Avenue on the east side of Mooney 30 Boulevard and incorporated by reference herein, including the requirement for the construction of a 31 City Standard Trash Enclosure (hereinafter referred to as the "IMPROVEMENTS"); and 32 33 WHEREAS, the APPLICANT has requested that such IMPROVEMENTS be deferred for a maximum 34 of 2 years; and
35 36 WHEREAS, construction of the IMPROVEMENTS may be deferred in accordance with a Short Term 37 Deferred Improvement Agreement to be executed by the APPLICANT and CITY pursuant to City of 38 Tulare Municipal Code Section 8.24.510 (C) to that future point in time when such IMPROVEMENTS 39 are required by the City Engineer to be constructed; and 40 41 WHEREAS, the APPLICANT has indicated a willingness to enter into such an improvement 42 agreement upon the terms and conditions set forth herein below; 43 44 NOW, THEREFORE, BE IT AGREED as follows:
45 1. Construction of IMPROVEMENTS. The APPLICANT hereby agrees, in consideration of the 46 engineering conditions of approval for Site Plan Review SP20-038, to construct or cause to be

7.6 Consent Page 2 ATTACHMENT 1
1 constructed the IMPROVEMENTS specified in Engineering Conditions No. 25 of said Site Plan 2 Review conditions within ninety (90) days of receipt of a written demand of Notice to Proceed by the 3 CITY. Said IMPROVEMENTS shall be constructed in compliance with all applicable City Standards, 4 including all amendments adopted hereafter.
5 6 2. Development Impact Fees. The APPLICANT covenants and agrees to timely pay all current, 7 relevant and pertinent Development Impact Fees, and any other current and applicable permit or 8 processing fees as of the period of time wherein CITY makes a written demand of Notice to Proceed 9 for construction as defined in Section 1 herein.
10 11 3. Security. The APPLICANT shall secure performance under this agreement by obtaining a 12 Performance Bond or other acceptable security in the amount of twenty-two thousand four hundred 13 dollars ($22,400), which represents 110% of the estimated construction cost of the IMPROVEMENTS 14 enumerated in Section 1 above, which the CITY can claim in the event that APPLICANT fails to 15 construct and complete the IMPROVEMENTS within the time limits set forth in Section 1, and 16 consistent with Section 9 herein. The bond shall be in the form acceptable to the City Engineer and 17 City Attorney. In the event the Performance Bond expires prior to the end of the Term of the 18 Agreement, APPLICANT shall give notice to CITY prior to ninety (90) days of the expiration or 19 termination of the Bond and renew said bond for the amount of 110% of the estimated construction 20 costs of the IMPROVEMENTS enumerated in Section 1 above. The City Engineer shall estimate that 21 cost of construction at the time of renewal and shall require the amount of the renewal Bond to meet 22 or exceed that estimated cost of construction defined by the City Engineer. The APPLICANT shall 23 secure payment under this agreement by obtaining a Labor and Materials Bond or other acceptable 24 security in the amount of eleven thousand two hundred dollars ($11,200), which represents 50% of the 25 Performance Bond or other acceptable security, to secure payment to all contractors and subcontractors 26 performing work on said IMPROVEMENTS and all persons furnishing labor, materials or equipment 27 to them for said IMPROVEMENTS. Payment Security shall be in the form of a bond naming the City 28 of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable 29 letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be 30 allowed prior to the CITY’s recordation of a Notice of Completion, and prior to the passage of the time 31 within which claims of lien are required to be recorded as stipulated in Government Code Section 32 66499.7(h).
33 34 4. Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final 35 acceptance by the CITY shall be repaired or replaced by APPLICANT before any securities are 36 released. Final acceptance by CITY shall not occur until damage has been repaired to prior and agreed 37 upon condition.
38 39 5. Remedy of Defects. APPLICANT shall remedy any defective work, labor or materials related to 40 the IMPROVEMENTS, and shall pay CITY for any damage to the IMPROVEMENTS resulting 41 therefrom, which occur within a period of one year from the date of final acceptance of the 42 IMPROVEMENTS by CITY. Prior to final acceptance of the IMPROVEMENTS by CITY, a 43 warranty/maintenance bond or certificate of deposit shall be provided by APPLICANT, in the amount 44 of two thousand two hundred forty dollars ($2,240), which represents 10% of the Performance Bond 45 or other acceptable security, and shall be released one year following final acceptance, less any amount 46 required to remedy defective work.

7.6 Consent Page 3
1 2 6. Term of Agreement. The term of this Agreement shall be 2 years from the date of execution of this 3 Agreement. In the event that CITY has not made a written demand for the APPLICANT to construct 4 the subject IMPROVEMENTS prior to ninety (90) days before the end of the term of this Agreement, 5 APPLICANT shall be obligated, without written request by the CITY to construct and complete the 6 subject IMPROVEMENTS enumerated in Section 1 above, City of Tulare Municipal Code section 7 8.24.510(C)(6).
8 9 7. Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the CITY, 10 APPLICANT expressly agrees to, and shall, indemnity, defend, release, and hold the CITY, and its 11 respective officials, officers, employees, agents, and contractors harmless from and against any Action, 12 liability, loss, damage, entry, judgment, order, and lien, which arises out of, or are in any way related 13 to, any act or omission of APPLICANT, or its officers, directors, employees, agents, or contractors, 14 connected with the performance under this Agreement, the construction, use, or operation of the 15 Project, notwithstanding that the CITY may have benefited therefrom, or any challenge to this 16 Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, 17 whether active or passive, on the part of APPLICANT’s officers, directors, employees, agents and 18 contractors. The CITY shall not be responsible for any acts, errors or omissions of any person or entity 19 except the CITY and its officers, agents, servants, employees or contractors. The Parties expressly 20 agree that the obligations of APPLICANT under this Section shall survive the expiration or early 21 termination of the Agreement.
22 23 8. Notices. All notices or written demands to be given pursuant to this Agreement by either party 24 shall be mailed by certified mail, return receipt requested, addressed as follows:
25 26
27 APPLICANT: Gussan Shedid
28 3849 Jenkins Road
29 Bakersfield, CA 93314
30 31
32 CITY: City Engineer
33 411 E. Kern Avenue
34 Tulare, California 93274
35 36 Each party shall promptly notify the other in writing of any change in that party's mailing address. 37 38 9. Default and Remedies.
39 40 a. Default. APPLICANT’s failure or unreasonable delay to perform any term or provision of this 41 Agreement constitutes a Default of this Agreement. In the event of a Default, the CITY shall give 42 written “Notice of Default” to the APPLICANT, specifying the Default. Delay in giving such notice 43 shall not constitute a waiver of the Default. If the APPLICANT fails to cure the Default within thirty 44 (30) days after receipt of a notice specifying the Default, or, if the Default is of a nature that cannot be 45 cured within thirty (30) days, the APPLICANT fails to commence to cure the Default within said thirty

7.6 Consent Page 4
1 (30) days and thereafter diligently prosecutes such cure to completion, then the APPLICANT shall be 2 liable to the CITY for any and all damages caused by such Default. 3 4 Pursuant to City of Tulare Municipal Code section 8.24.510(C)(2), the CITY is authorized to have 5 construction completed and charge the entire cost of completion to the APPLICANT, including 6 interest from the date Notice of Default is provided, in the event of Default (the interest rate charged 7 should be consistent with the regulations of Article 15, Section 1 of the California Constitution). 8 Damages caused by such Default which are covered by this Agreement and the relevant Municipal 9 Code include, but are not limited to, all litigation costs and reasonable attorneys’ fees. In the event of 10 APPLICANT’s Default, these costs shall become part of the City of Tulare’s lien against the real 11 property pursuant to City of Tulare Municipal Code section 8.24.510(C)(5). 12 13 b. No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, 14 covenants or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor 15 shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be 16 deemed a waiver or relinquishment of such other right or power at any other time or times. 17 18 c. Remedy of Default. Obligations under this Agreement shall constitute a lien subject to 19 foreclosure in in the event of default pursuant to City of Tulare Municipal Code section 8.24.510(C)(4). 20 21 d. Legal Action. In addition to any other rights and remedies any party may institute a legal action 22 to require the cure of any default and to recover damages for any default, or to obtain any other remedy 23 consistent with the purpose of this Agreement. The following provisions shall apply to any such legal 24 action.
25 26 i. Legal action must be instituted and maintained in the Superior Court of the County of Tulare, 27 State of California.
28 29 ii. The laws of the State of California shall govern the interpretation and enforcement of this 30 Agreement.
31 32 iii. In the event the City commences an Action against APPLICANT which arises out of 33 APPLICANT’s Default of, breach of, failure to perform, or that is otherwise related to, this 34 Agreement, then the CITY shall be entitled to recover its costs and reasonable litigation expenses from 35 APPLICANT in addition to whatever relief to which the CITY may be entitled in accordance with 36 City of Tulare Municipal Code section 8.24.510(C)(5) 37 38 10. Recordation of Agreement. Upon execution of the Agreement by the CITY and the APPLICANT, 39 this Agreement shall be recorded in the Office of the Tulare County Recorder. From and after the date 40 of recordation, the terms and conditions of said Agreement shall be binding upon the heirs, executors, 41 administrators, grantees, and successors.
42 43 11. Modification. This Agreement shall be amended or modified only with the prior written consent 44 of all parties thereto and any such amendment shall be recorded forthwith in the Office of the Tulare 45 County Recorder.
46 7.6 Consent Page 5
1 12. Interpretation. The CITY and APPLICANT acknowledge that this Agreement is the product of 2 mutual negotiation and drafting and each represents and warrants to the other that it has been 3 represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule 4 of construction which provides the ambiguities in a document shall be construed against the drafter of 5 that document shall have no application to the interpretation and enforcement of this Agreement. In 6 any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such 7 extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and 8 give effect to the intention of the parties hereto.
9 10
11 IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written. 12 13
14 15 CITY OF TULARE Gussan Shedid
16 A Municipal Corporation
17 “CITY” “DEVELOPER”
18 19
20 By: By:
21 Marc Mondell, City Manager
22 23 Name: Gussan Shedid
24 25 Title: Owner
26 27
28 29 ATTEST:
30 31
32 33 Chief Deputy City Clerk and Clerk of
34 the Council of the City of Tulare
35 36
37 38 APPROVED AS TO FORM:
39 40
41 42 City Attorney
43 44

7.6 Consent Page 6
1 2
3 4
5 6
7 8
9 10
11 12
13 State of California )
14 )
15 County of Tulare ) Ss.
16 17
18 On ______________________________, before me, ____________________________, personally 19 appeared _________________________________________, personally known to me (or proved to 20 me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the 21 within instrument, and acknowledged to me that he/she/they executed the same in his/her/their 22 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 23 entity upon behalf of which the person acted, executed the instrument. 24 25 WITNESS my hand and official seal
26 27 Signature _______________________________
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

7.6 Consent Page 7
Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Gomez Property Acquisition for Cross Avenue CIP

RECOMMENDED ACTION
Authorize the City Manager to complete and execute, after the close of escrow, the documents necessary to purchase property located as a portion of APN 168-340-003 in the amount of $15,000 for public right-of-way required by Project EN0074, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

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

Project EN0074 dates back to July of 2017. City Council previously identified the project as part of the approved list of SB1 funded projects on April 23, 2019. Subsequently, Council gave direction to staff to commence the design and right-of-way acquisition phases for the project. A contract was awarded to 4Creeks for design, and to Paragon Group for right-of-way acquisition services. Paragon Group completed appraisals and has been working on the City’s behalf to obtain the required right-of-way at fair market value for the five (5) parcels, which are owned by four (4) separate property owners. The subject parcel is the third owner who has accepted our offer and completed the necessary paperwork.

The subject parcel is located on the north side of Cross Avenue, west of West Street. The property owner, Martin Gomez, has been working with the City’s consultant team throughout the design, appraisal and acquisition process, and has agreed to sell the required property for the amount of $15,000 in accordance with the terms previously authorized by the City Council.

The property has minor improvements on the portion being acquired. This property acquisition encompasses 600 square feet.

FISCAL IMPACT & FUNDING SOURCE(S)
EN0074-030-0610

LEGAL REVIEW
This item does not require legal review.

Item #: 7.7
Consent

7.7 Consent Page 1

ALTERNATIVE ACTION

1. Approve with changes could delay acquisition of said property which in turn may result in delays to start of construction.

2. Denying the property acquisition would result in the City being unable to complete the proposed project.

3. Tabling would delay acquisition of said property which in turn could result in delays to the start of construction.

ATTACHMENTS

1. Gomez Property Purchase and Sale Agreement
Reviewed/Approved:

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Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Finance
Submitted by: J. Diego Ibañez, Chief Financial Officer
Agenda Title: Agreement for Auditor Services with Price, Paige & Company

RECOMMENDED ACTION
Approve a 1-year agreement with Price, Paige & Company for administration and completion of the Fiscal Year 2022-2023 audit, Single Audit, and Transportation Development Act audit.

SUMMARY
The City of Tulare Finance Department was notified via email that the current auditor, Brown Armstrong, would not be able to complete the citywide audit for Fiscal Year (FY) 2022-2023.

Staff immediately sought to put an RFP in place to solicit bids from other firms.

Staff will also be working to issue an RFP for an audit firm to have a longer commitment for FY 2023-2024 and three subsequent years.

FISCAL IMPACT & FUNDING SOURCE(S)
No additional fiscal impact to the Finance Department’s current FY 2023-2024 budget as this cost was included as part of the Department’s operational budget for FY 2023-2024 budget.

LEGAL REVIEW
No legal review is needed at this time.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
By not engaging an immediate auditor, the FY 22-23 audit could be delayed into the early part of the new fiscal year, causing delay of state and federal funds, negative debt status, additional grant funds, and not being considered for the GFOA award.

ATTACHMENTS

1. Purchase Policy Request Memo

2. Auditor Responses

3. Price, Paige & Company Engagement Agreement
Reviewed/Approved:

Item #: 7.8
Consent

7.8 Consent Page 1
411 East Kern Avenue  Tulare, California 93274  559.684.4200  Fax 559.366.1701

FINANCE DEPARTMENT
August 28, 2023
To: Marc Mondell, City Manager & Josh McDonnell, Assistant City Manager From: J. Diego Ibanez, Chief Financial Officer
Re: Auditor Request for FY 22-23 Audit
This memo is requesting the use of the Emergency Purchase procedure for the purpose of obtaining an immediate auditor for the Fiscal Year 2022-2023 audit. The policy stipulates:

F. Emergency Purchases
In certain situations, it may be necessary to make emergency purchases, which shortcut the preapprovals,
as outlined above. An emergency purchase may be made when there is an immediate need to acquire particular materials, goods, supplies, equipment or services not already available to City staff to deal with an emergency.

For purchasing purposes, an emergency situation is one in which there is an immediate threat to life or property or a substantial disruption of a vital public service or where the public health, welfare or safety may be at substantial risk. The emergency must be of such a nature that the Department Head and possibly the City Manager would be contacted to advise them of the situation, regardless of when such emergency may occur. Such situations must be determined to be an emergency (subject to later justification for such determination) and such emergency purchases must be approved by a Department Head or by the City Manager. Any such emergency purchases in excess of $25,000 will be reported to the City Council at the next regularly scheduled meeting where time is available to give the required public notice of the agenda item.

Staff solicited five bids from several different firms in the state of California that have a proven reputation of administering audits for public agencies. The firms are listed below in Alphabetical order, along with response, and cost for a one-year administration of the FY 2022-2023 audit.

Firm Response Cost
Badawi & Associates Response Submitted Late N/A
Hudson Henderson & Company Not Taking New Audit Clients N/A Price Paige & Company Submitted 1 Year Proposal $112,000 The Pun Group Submitted 1 Year Proposal $109,000
Sampson, Sampson, & Patterson Not taking New Audit Clients N/A Staff would recommend the use of Price Paige & Company due to urgency needs, proximity to the city, and the firm has completed several GASB requirements in the past which would not be a conflict of interest as they perform the audit for FY 2022-2023.

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Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Resolution of Support for SALC Planning Grant

RECOMMENDED ACTION
Adopt a resolution authorizing application for and receipt of Sustainable Agricultural Lands Conservation (SALC) Planning Grant Funds and authorize the City Manager to execute the City of Tulare SALC Planning Grants Program Application, the SALC Planning Grant documents, and any amendments thereto, on behalf of the City of Tulare as required by the California Department of Conservation for receipt of the SALC Planning Grant.

SUMMARY
The SALC Planning Grant can provide funds to develop a plan that conserves critical agricultural lands by designing and implementing land use policies and accompanying strategies that reduce the threat of conversion to nonagricultural uses and reduce vehicle miles traveled. Plans may also recognize and protect the other co-benefits of conserving agricultural lands.

The City of Tulare is eligible to receive up to $500,000 from the SALC Planning Grant program.

Staff is proposing to create a strategic plan that focuses on areas in the City’s sphere of influence to prioritize conservation of agricultural land by way of easements or mitigation banks to preserve greenbelts or multi-benefit corridors that surround the City as it continues to develop. In addition, the strategic plan will identify further opportunities for groundwater recharge as well as land fallowing and development opportunities, in consideration of the effects of SGMA implementation in the region. By having a diverse team of collaborators (City, County, LAFCO, Farmers & Farm Bureau, Land Trusts, Irrigation Districts, GSAs, Community Groups, and Real Estate and Development concerns), the City aims to create a strategic plan that finds common ground policies and implementation plans that provide multiple benefits regarding farmland conservation, open space & habitat conservation, groundwater recharge, and economic development.

FISCAL IMPACT & FUNDING SOURCE(S)
The SALC Planning Grant has a 10% match requirement, which will be met by staff time spent on administering and managing the grant. This would be up to $50,000 over the course of the grant (2-3 years), paid from existing budgeted departmental salaries.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes: City staff will edit project and/or award requests and submit an application to the SALC Planning Grant program.

2. Deny: The City will not apply for the SALC Planning Grant and forego the opportunity to receive grant funds for the specified project if awarded the grant.

Item #: 7.9
Consent

7.9 Consent Page 1

3. Table: Rescheduling consideration of this item would cause the City to miss the deadline to apply for the SALC Planning Grant.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

7.9 Consent Page 2
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING AN APPLICATION FOR, AND RECEIPT OF, SUSTAINABLE

AGRICULTURAL LANDS CONSERVATION PLANNING GRANT FUNDS
WHEREAS, the Sustainable Agricultural Lands Conservation Planning Grant (SALC Planning Grant) can provide funds to develop a plan that conserves critical agricultural lands by designing and implementing land use policies and accompanying strategies that reduce the threat of conversion to nonagricultural uses; and WHEREAS, the SALC Planning Grant will help the City of Tulare work towards a strategic plan focused on agricultural land conservation, as well as recognize and protect the other co-benefits of conserving agricultural lands, such as those benefiting groundwater recharge, biological resources, reduction in vehicle miles traveled, and economic development, consistent with California’s Planning Priorities; and WHEREAS, the City of Tulare desires to submit a SALC Planning Grant application package (“application”), on the forms provided by the California Department of Conservation (Department), for approval of grant funding to assist in the preparation and adoption of a strategic plan focused on agricultural lands conservation around the City, as well as identifying locations for fallowing and development of land, and opportunities for groundwater recharge, in light of the Sustainable Groundwater Management Act (SGMA).

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

Section 1. The City Manager or their designee is hereby authorized to apply for and submit to the Department the application for the SALC Planning Grant, with the understanding of the assurances and certification in the application; and Section 2. If the SALC Planning Grant application is approved by the Department, the City Manager of the City of Tulare is authorized to enter into a grant agreement with the Department for the project, consistent with the Department’s grant agreement template; and
Section 3. The City Manager of the City of Tulare is further authorized to designate the Community Development Director, as agent for the City of Tulare, to accept the award of grant funding, and to execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for development of the planning project; and
Section 4. If the SALC Planning Grant application is approved by the Department, the City of Tulare is authorized to receive up to $500,000, which would be provided on a reimbursement basis after costs to the City have been incurred to complete the work on the funded strategic plan, with the City contributing 10% or $50,000 through staff time to administer and manage the grant-funded project.

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Resolution 2023-XX

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PASSED, APPROVED, AND ADOPTED on this 5th day of September 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

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

7.9 Consent Page 4
Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Community Development - Housing
Submitted by: Alexis Costales, Housing and Grants Manager Agenda Title: Adoption of ERF-2-R Grant Allocations

RECOMMENDED ACTION
Adopt resolution approving the allocation of Encampment Resolution Funding Program Round 2 Rolling Disbursement (ERF-2-R) grant funds in the total amount of $4,785,086 to street outreach, services coordination, systems support, rapid rehousing, interim sheltering, operating subsidies, and administrative activities in accordance with the City’s ERF-2-R application and allocations outlined in the resolution; and authorize the City Manager or his/her designee to execute service agreements, any amendments thereto, and any and all other documents or instruments necessary or required by the California Interagency Council on Homelessness for participation in the ERF Program.

SUMMARY
The state of California has established the Encampment Resolution Funding Program (“ERF”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022). The ERF Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency. ERF provides one-time, competitive grant funds to Continuums of Care and/or Local Jurisdictions.

To date, there have been two rounds of the ERF Program. Housing and Grants Division staff, with letters of commitment and other information from community-based organizations, developed and submitted proposals for the ERF Program in the inaugural round (“ERF-1”) during December 2021 and through the Rolling Disbursement period of Round 2 (“ERF-2-R”) during February 2023.

The ERF Program, per the ERF-2-R Notice of Funding Availability guidelines, purports to fund actionable, person-centered proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data-informed, nonpunitive, low-barrier, Housing First, and coordinated approaches. Proposals may bolster existing, successful models and/or support new approaches that provide safe, stable, and ultimately permanent housing for people experiencing homelessness in prioritized encampments.

Item #: 8.1
General Business

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Table 1 – Summary of ERF-1 Project Features
Intervention Type Explanation
Case Managers Three full-time employees (FTE) across the Kings Tulare CoC, Salt+Light Works, and Kings View organizations
leading street outreach, case management, and housing
navigation for a maximum of 75 unhoused people.

Fresh Start Wash and
Wellness (Shower and
Hygiene)
Clean the World (CTW) Foundation, Inc., deploys a four-stall shower and bathroom trailer. This is a self-contained
portable unit that is operated by two FTE staff with CTW.

Service scaled from 3 to 4.5 days per week and includes an ADA accessible stall, a sharps container, awning, and
display television.

Food and Palliative
Supplies Service
Salt+Light Works manages a distribution service of food and palliative relief items (e.g., water bottles, clothing, hygiene kits). Service available at least three-days per week and involves contributions from 5 staff members at levels from

0.70 to 0.10 FTE.

Medical Mobile Care
Clinic
Adventist Health Tulare deploys a Mobile Care Clinic (MCC) team and associated multipurpose vehicle one day per
week. Service involves a team led by a resident physician, medical assistants, and outreach staff. Collectively, the MCC offers first aid, wound care, assessments, education, and referrals for outpatient care within Tulare.

Homeless MultiDisciplinary Team The Tulare County Health and Human Services Agency deploys their Homeless Multi-Disciplinary Team (MDT) one day per week. The MDT consists of personnel from public health, human services, and mental health divisions. This team offers benefits acquisition, substance use assessments and counseling, notarization, and mental health
assessments and referrals.

Deposit and Rent
Assistance
Provides double security deposit and up to 12-months of rent assistance at public or privately managed units. Budget based on short-term rental subsidy for 57 clients across a mix of one-, two-, and three-bedroom units.

Client Flex Fund Offers a personal fund of $2,674 per client to address a range of costs important to securing and sustaining
permanent housing. Expenses under this fund often include coverage of standard monthly utilities as well as payment of rental application fees, minor debt, home supplies and
furnishings, vehicle maintenance, and pet registration and veterinarian services.

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Waste and Hygiene
Facilities
Servicing several times per week of three (3) six-yard waste bins and five (5) portable restrooms. Includes the occasional deployment of large roll-off bins.

The City’s ERF-2-R application and total grant award of $4,822,586 will scale and enhance outreach, rapid rehousing, services coordination, and systems support of the existing project.

A minimum of 120 unhoused people will receive individual case management and housing navigation services through the ERF project term of June 2024. The addition of a licensed clinical social worker will improve care coordination and the availability of assessments and referrals to available medical, behavioral health, and mental health providers. And to complement direct services, the ERF-2-R proposal also enables the implementation of an onthe-job training program as well as increases the total amount of rental assistance and client flex funds available for clients. The prospect of securing and sustaining interim and permanent housing options for ERF clients is also benefited through investments of ERF-2-R grant funds in the form of operating subsidies or construction financing to three projects. Below, Table 2 outlines proposed allocations of ERF-2-R grant funds.

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position and follows a
commitment of 2023 CDBG
funds.

Services Coordination
Add client case management
and transportation services
with Kings Tulare Continuum
of Care Agency, which
includes two full-time
employees and operating
expenses.
$171,042
Services Coordination
Implement a paid job-training
program for a minimum of 10
clients with Community
Services and Employment
Training, Inc., which involves
staffing, operating, client, and
indirect costs.
$237,502
Street Outreach
Continue outreach and
delivery of food and palliative
supplies for clients with
Salt+Light Works, which
involves personnel,
operational, and indirect
expenses.
$307,548
Street Outreach
Continue mobile shower and
hygiene service with Clean
the World Foundation, Inc.,
which includes personnel,
operating, and indirect
expenses.
$272,664
Services Coordination
Continue outreach, benefits
enrollment, notary service,
public health education, and
alcohol and drug counseling
for clients with Tulare County
Health and Human Services
Agency’s Homeless
Multidisciplinary Team.
$31,200
Operating Subsidies
Invest grant funds in the form
of capital operating subsidies
for new supportive housing
units at Madson Gardens, a
multifamily affordable
housing project owned by RH
Community Builders. This
$788,407

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investment will reserve 15
units over five years for
clients.

Operating Subsidies
Invest grant funds in the form
of capital operating subsidies
to interim housing at Eden
House, a type of enhanced
emergency housing owned
by Self-Help Enterprises.

This investment will reserve
8 beds / rooms over three
years for clients.
$990,908
Interim Sheltering
Develop interim shelter at the
City of Tulare’s emergency
shelter complex, which will
consist of at least sixteen
private 100 square feet units.
$1,289,200
Rapid Rehousing
Bolster rental and stability
assistance funds available to
clients, which includes
double security deposits and
a flex fund that covers a
range of expenses important
to securing and sustaining a
client’s tenancy.
$518,406
Street Outreach
Continue deployment and
servicing of portable
restrooms and hand washing
stations with Sierra
Sanitation Inc. at prioritized
encampment area.
$74,520
Street Outreach
Continue deployment and
servicing of four six-yard
waste bins with City’s Public
Works Department at
prioritized encampment area.
$41,040
Administrative Costs
Maintain project oversight,
coordination, evaluation, and
grant management duties
with City’s Community
Development Department.
$32,832
Notes
• The above list is not exhaustive of all the proposed uses of ERF-2-R grant fuds. The remaining $37,500 involves expenses for training, contractor mileage and other client transportation, and supplies, which are under the minor contract threshold.

8.1 General Business Page 5
• About 72 percent of ERF-2-R grant funds address emergency, interim, and/or permanent housing options for clients.

FISCAL IMPACT & FUNDING SOURCE(S)
Encampment Resolution Funding Grant (Fund 071)

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION
City Council may withhold approval of the proposed allocations of the City’s ERF-2-R grant award, all or several, and provide direction to City staff to develop different activities and allocations of grant funds for review at a future council meeting.

1. Deny: Reject the proposed activities and allocations and identify a different iteration of activities and obligation of ERF-2-R grant funds for City staff to present to the state Cal ICH and City Council for approval at a future time.

2. Table: Reschedule consideration of this item to a future City Council meeting.

ATTACHMENTS

1. Resolution

2. ERF-2-R Application Document - Copy

3. ERF-2-R Standardized Budget Template – Copy

4. Letters of Support
Reviewed/Approved:

8.1 General Business Page 6
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

APPROVING THE ALLOCATION OF ENCAMPMENT RESOLUTION FUNDING

PROGRAM, ROUND TWO, SECOND DISBURSEMENT, GRANT FUNDS IN THE TOTAL AMOUNT OF $4,785,086 TO STREET OUTREACH, SERVICES

COORDINATION, SYSTEMS SUPPORT, RAPID REHOUSING, INTERIM

SHELTERING, OPERATING SUBSIDIES, AND ADMINISTRATIVE ACTIVITIES IN ACCORDANCE WITH THE CITY’S ERF-2-R APPLICATION AND ALLOCATIONS

OUTLINED IN THIS RESOLUTION
WHEREAS, the state of California has established the Encampment Resolution Funding Program (“ERF”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022). The ERF Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency (“Agency”); and
WHEREAS, the ERF Program incorporates two interdependent objectives, including, the award of funds to local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through non-punitive, low-barrier, person-centered, and Housing First approaches, and, in partnership with Grantees, such as the City of Tulare, Agency or its agents will analyze Grantee’s demonstration projects to evaluate activities and outcomes for the purpose of sharing scalable and replicable encampment resolution models that may be implemented across the state; and WHEREAS, on December 01, 2022, Cal ICH released a Notice of Funding Availability (NOFA) for the ERF Program, Round 2, Second Disbursement (ERF-2-R) with a proposal submission deadline of February 28, 2023; and WHEREAS, the Community Development (CD) Department led the City’s informal consultation and evaluation, data gathering, and proposal preparation efforts, and with City Management guidance and approval, submitted a formal application to the ERF-2-R NOFA on Tuesday, February 28, 2023; and
WHEREAS, on June 14, 2023, Cal ICH shared a notice of intent to award letter with the CD Department indicating a plan to allocate ERF-2-R grant funds in the total amount of $4,822,586 to support the City’s existing ERF-1 project in accordance with the work plan and standardized budget of the ERF-2-R application; and WHEREAS, from June 15 through August 11, 2023, the CD Department consulted with proposed contractors under the City’s ERF-2-R proposal to review their interest and capacity to provide planned services and/or housing; and

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Resolution 2023-XX

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WHEREAS, with comments from the City Attorney, the City Manager executed a Standard Agreement and other requested documents for Cal ICH on July 13, 2023, regarding acceptance of the City’s ERF-2-R grant award and a commitment to comply with ERF Program guidelines; and
WHEREAS, the proposed allocations of ERF-2-R grant funds will expand services and housing options with the City’s ERF-1 project beginning in September 2023, which include, but are not limited to, $29,817 for care consultation of a licensed clinical social worker with Kings View Inc., $171,042 for case management, housing navigation, and transportation assistance with the Kings Tulare Continuum of Care Agency, $237,502 for a job-training program with Community Services and Employment Training, Inc., $307,548 for a food and palliative supplies service with Salt+Light Works, $272,664 for a mobile shower and hygiene service with Clean the World Foundation, Inc., $31,200 for deployment of a Homeless Multidisciplinary Team with the Tulare County Health and Human Services Agency, $788,407 for operating subsidies at the Madson Gardens project with RH Community Builders, $990,908 for operating subsidies at the Eden House project with Self-Help Enterprises, $1,289,200 for the development of interim housing units at a future emergency shelter with the City of Tulare, $518,406 for rental and stability assistance expenses, $74,520 for servicing of portable restrooms and sinks with Sierra Sanitation, $41,040 for servicing of waste bins and other trash mitigation with the City’s Public Works Department, and, $32,832 for ERF project oversight and grant administration with City’s Housing and Grants Division.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, following deliberation, the allocations of its ERF-2-R grant funds are approved as presented.

PASSED, APPROVED, AND ADOPTED on this 5th day of September 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

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

8.1 General Business Page 8

SUBMISSION PORTAL OVERVIEW
Is the Application a "Test" Submission?
No, this is my official Submission.

8.1 General Business Page 9
ATTACHMENT 2
Part 1: ADMINISTRATIVE INFORMATION
Application Window
This application is being submitted in the following application window:

Window #1, 12/1/2022 - 2/28/2023
Eligible Applicant
Select the eligible applicant's jurisdiction type.

City
What is the name of the city or county?
City of Tulare
Implementing Organization
Implementing Organization
City of Tulare
Specific Unit or Office Within the Implementing Organization Community Development Department
Implementing Organization's Address
411 East Kern Avenue
City
Tulare
Zip Code
93274
County
Tulare
Implementing Organization's Tax ID
Number
94-6000443
Project Director
Name
Alexis Costales
Title
Senior Housing and Grants Specialist
Phone
(559) 684-4224
Email
[email protected]
Grant Administrator
Name
Gladys Avitia
Title
Housing and Grants Specialist
Phone Email

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(559) 684-4222 [email protected]
Contact Person for Application
Name
Alexis Costales
Title
Senior Housing and Grants Specialist
Phone
(559) 684-4224
Email
[email protected]
Authorized Representative
Name
Marc Mondell
Title
City Manager

8.1 General Business Page 11
This Application uses character limits
Reaching these limits is not required. Competitive
responses may fall well short of these limits.

Part 2: PROPOSAL OVERVIEW
People Served
Number of people currently residing in prioritized encampment site 133
Of people currently residing in prioritized encampment site, how many will be served by this proposal?
133
Given the potential for inflow of people into the prioritized encampment site, how many people are projected to be served across the entire grant period?
179
Of people projected to be served across the entire grant period, number of people projected to transition into interim shelters
157
Of people projected to be served across the entire grant period, number of people projected to transition into permanent housing
57 Is the prioritized encampment site part of a larger encampment area? Yes
Approximately how many people are residing in the entire larger encampment area, including the prioritized site?
133
Briefly describe the prioritized site in relation to the larger encampment area. (1000 character limit) The larger encampment area consists of public and privately-owned parcels, mostly vacant grass or dirt covered land, to the north and south of a prioritized area.

The prioritized sites, when combined with the larger area, span about 4 miles. Individual encampments

8.1 General Business Page 12
range in physical size and compose about 4 to 20 unhoused people camping near an active commercial railroad line.

As of January 25, 2023, the larger encampment area also includes a designated area managed by multiple City Departments. This temporary encampment area, over 90,000 square feet in size, provides on-site amenities including, but not limited to, portable restrooms, waste bins, running water, a dog-run, a storage container, a covered picnic area, charging stations, and individual 12 by 15 feet campsites.

Case managers on the ERF project continue engagement at prioritized sites as well as maintain their key functions with unhoused clients who registered to use a campsite at the City’s temporary encampment area.

Encampment Information

1. Briefly describe the characteristics of the people residing within the prioritized encampment site.

The description must include demographics and may include household compositions, disabilities, and projected service and housing needs. (1500 character limit) Staff estimate that 133 people live in the prioritized encampment sites. Derived this and other estimates principally from HMIS records of people enrolled on the project since June 2022 and survey results of 75 people in February 2023.

Of enrolled people, the project serves 79 women, 91 men, and 2 non-binary individuals, with about 71% and 47% of the people identifying as White only or Latina(o) respectively. 19% of people in the project are Black or African American, which is nearly 10 times the census figure of 2% for the entire county. Most people, about 69%, are between the ages of 30 and 59, with about 13% are seniors above 60 years of age and about 12% between the ages of 18 - 29 years old. And 6% of the people are under the age of 17.

Survey data suggest 19% of clients have a form of income upon entry, less than $860 per month. About 25% of the people are chronically homeless, experiencing homelessness 2 - 4 times within the last 3 years. Key barriers to housing may include the 56% of people identifying a mental health condition, 48% a substance abuse issue, and 46% with physical disability.

Services must be culturally proficient and achieve rapid rehousing, income growth, and connections to care where feasible. With about 70% of people insured, it is reasonable to establish medical homes for a sizable portion. At least half of permanent housing must be supportive, while single adults without a serious underlying condition may utilize other affordable units.

2. Briefly describe physical characteristics of the prioritized encampment site in which the people you are proposing to serve are residing. The description must include the specific location, physical size of the area, the types of structures people are residing in at the site, whether vehicles are present, and any other relevant or notable physical characteristics of the site. (1000 character limit)
The prioritized encampment sites cover public and private property along ‘I’ Street immediately to the west of a commercial freight line owned by Union Pacific Rail Road. Of the estimated 133 people, about two fifths remain at a public park, Centennial, and essentially five undeveloped parcels. The either flat grass or dirt lots range in size from approximately 12,696 to 254,881 square feet. And as of February 18th, the remaining three fifths of people originally encamped at the park or on privately-owned parcels moved to a designated area operated by the City of Tulare.

People engaged on the ERF project overwhelming utilize tents and tarps as a dwelling space with about 15 percent occupying a standard size or recreational vehicle. The designated encampment area is about 2.25 miles from the furthest prioritized site and will act as an alternative to camping at existing locations with arguably higher risks.

8.1 General Business Page 13

3. Why is this particular encampment site being prioritized? (1000 character limit) The cluster of sites are dense and in a more precarious location than other encampments, with the particular unhoused people and their residential and commercial neighbors contending with serious safety and public health issues.

The City received correspondence from the Federal Railroad Administration in May 2022 in regard to the community’s high train fatality and injury rates. Police corroborate this issue and note that a large share of the accidents involve unhoused people. Second, police and code enforcement also respond to calls from unhoused people and other constituents near the project area concerning theft, vandalism, and illegal dumping. With considerable vehicle and pedestrian traffic, unhoused people and their neighbors remain exposed to a mix of risks.

The deployment of portable restrooms, hand washing stations, and waste bins on regular service schedules are proving to lower sanitation, rodent, and other environmental health risks within the prioritized sites.

Attachment: Map
Map-Prioritized Sites & Facilities-Tulare ERF.pdf
Map-Larger Encampment Area-City-Wide View.pdf
Facility Layout Map - City Temp Encamp Area.pdf
Maps-GIS Data-Tulare ERF.pdf
Prioritized Sites 1-2- ERF-2-City of Tulare.pdf
Prioritized Sites 3-4- ERF-2-City of Tulare.pdf
Prioritized Sites 5-6- ERF-2-City of Tulare.pdf

4. Is the prioritized site on a state right-of-way?
Yes - partially
Attachment: Caltrans Letter of Support
Caltrans_Letter of Support_City of Tulare ERF.pdf
Proposal’s Outcomes

5. What are the outcomes this proposal seeks to accomplish by the grant close (6/30/2026)? If funded, what are the primary activities you are planning to implement to achieve the proposal’s outcomes? (1000 character limit)
The current project and this proposal must address basic human needs and achieve sustained exits to housing for people through an inclusive and informed approach. The City, its six partner organizations, and future partners must uphold rigorous standards, meet regularly, and revise practice according to evaluation and technical assistance.

The proposal will scale and enhance street outreach, rapid rehousing, services coordination, and systems support on the existing project. In so doing, upwards of 120 people will receive individual outreach, case management, and housing navigation services at any given point. The inclusion of mixed assessments and referrals to available medical, behavioral health, and/or mental health providers, is a central linkage to care for clients. From these actions, paid job training and housing and flex funds improve the prospect of housing, which is further bolstered by tenancy and operating subsidies to active interim and permanent options.

6. How will the applicant measure progress towards the proposal’s outcomes? (1000 character

8.1 General Business Page 14
limit)
Uphold financial and performance reporting with all contractors. In addition to monitoring outputs, staff review progress with contractors towards indicators such as the following:

Current Outcomes
-consistent availability and usage of integrative field services within prioritized area -achieve document readiness for majority people within a definitive time frame -secure 57 exits to interim and/or permanent housing on or before June 30, 2024 -apply housing tenancy services with CalAIM contractors to sustain placements in permanent housing for clients
Outcomes with ERF-2-R proposal
-implement additional integrative field services within 120 days of award -achieve placement readiness for at least sixty percent of all people enrolled on the project within 90 days after first date of enrollment in HMIS
-facilitate 79 interim and 29 permanent housing exits in first year -secure and sustain exits to permanent housing for 26 people per year with a recidivism rate of less than 10 percent

7. Are there any local ordinances, resources, or other factors that may hinder achieving the proposal’s outcomes? If so, how will the applicant navigate these challenges? (1000 character limit)
Resource management is currently stressed by the amount of people engaged. Original estimates on the size of the target group and anticipated in-flow of people were particularly low. The larger in-flow of people is challenging the effectiveness of services and housing navigation. The impact of services as well as the quality and timeliness of assessments and referrals may suffer if service levels become too obstructed.

Recent and future technical assistance will address outreach strategy, case conferencing, data collection, and job retention in an effort to maintain feasibility.

Waning political support due to increase in-flow of people, particularly from other areas, as well as recurring fatalities of unhoused persons struck by trains, may prompt enforcement of an ordinance to prevent camping near the railroad by May 2023. In this case, the City will implement a coordinated move to its designated encampment area and other location(s) to minimize the extent of displacement.

8. Is this proposal a standalone project or part of a larger initiative? Larger initiative

8. a) How would this larger initiative be categorized?
Part of a larger project for encampments in general
Please describe. (1000 character limit)
From the start of the current project in June 2022, the city and partner organizations observed in-flow to each of the five prioritized sites on public and private property. This was due in part to clearing actions of Union Pacific personnel and general movement of other unhoused people from within and outside of the community. The growth in the size of encampments at prioritized sites and at other locations along the freight railroad corridor prompts a scaling and enhancement of services where feasible.

Additionally, the delivery of current and planned services for people in the prioritized sites now also occurs at a designated area for camping. This designated ‘temporary encampment area’ consists of onsite amenities and individual campsites that are reserved principally for ERF clients and other unhoused people from prioritized and new target locations along the freight railroad.

8.1 General Business Page 15
Part 3: IMPLEMENTATION
Core Service Delivery and Housing Strategies

9. Describe the proposed outreach and engagement strategy, case management, and / or service coordination for people while they are continuing to reside within the encampment site. Quantify units of service to be delivered including the ratio of staff to people served, frequency of engagement, and length of service periods. (2000 character limit) Street outreach, services coordination, and housing navigation led by three full-time case managers with a case load of about 30-to-1 and weekly engagement expectation through June 2024. Propose deployment of another full-time case manager and a program / care manager to effectively scale. Project will maintain one or two case managers through June 2025.

Integrative field services address basic needs and provide on-site care and referrals to medical, mental, and behavioral health services. First, the city will maintain portable restrooms, hand washing stations, and waste bins through at least June 2024. Second, Salt+Light Works will deliver food and palliative supplies at least three days per week through December 2024. Third, Adventist Health of Tulare and other medical care providers will deploy mobile units / teams on a weekly basis to offer health screenings, wound care and first aid, telehealth, and primary medical care. Clean the World will continue operation of a four-stall shower unit on a 3 to 4.5 days per week schedule through December 2024. And the Homeless Multidisciplinary Team (MDT) with the Tulare County HHSA will continue weekly outreach, benefits enrollment, and assessments through June 2025.

Stability services promote coordination and sustainment of housing. Biweekly case conferencing continues to enable changes to outreach, care coordination, and housing exits. Less stringent rental assistance and a flex fund, currently $800 per client, as well as a utility allowance equip clients with funds to address barriers to housing. This may include payment of arrear(s), amenities, and utility fees. Propose establishing a job training program for clients. This will create an opportunity for 400 hours of compensation. A source of income and experience may improve odds of long-term employment and renting a unit. And for clients in permanent housing, will leverage an offer of housing tenancy and sustaining services for 40 or more people per year.

10. Describe the role of Coordinated Entry in the context of this proposal and how Coordinated Entry policies or processes will support and / or hinder the implementation of this proposal. (1000 character limit)
The case managers / housing navigators adopted local CES standards for street outreach, assessment, and referrals to interim and permanent housing. The use of a VI-SPDAT tool ensures each person receives a standard assessment and referral process. The portfolio of interim and permanent housing units available to unhoused people throughout Tulare County are also available to local clients. Housing navigators contend with minimal openings and muster a rate of one to two permanent housing placements per month. This is the principal difficulty of executing the project through the CES. The City’s ERF-2-R proposal seeks to mitigate some of the shortfall with operating reserves at interim and permanent housing projects. If awarded, a key interim housing option for clients will increase from five to eight rooms, which may improve yearly capacity by 38 percent. While a subsidy to a permanent housing project should secure a long-term rental unit for up to 15 unique households of 2 or less.

11. Please describe the interim shelter and permanent housing opportunities proposed to support this proposal and provide evidence of the applicant's demonstrated ability and commitment to deliver permanent housing for people residing in the prioritized encampment. (2000 character limit)
Currently, housing navigators on the project largely use one interim project and a county-wide portfolio of subsidized permanent units. Eden House, which contains 22 dwelling rooms, will continue to receive clients for a fixed stay while awaiting permanent housing. Eden House welcomed five clients to-date, each

8.1 General Business Page 16
of whom received life skills, daily meals, and housing navigation. As for permanent housing, 9 of the 11 exits to-date occurred at five different multifamily projects through CES, while only two people secured a unit within the private market.

Anticipated interim shelter and permanent opportunities include, but are not limited to: the Tulare emergency shelter complex with congregate and non-congregate settings that will provide at least 200 beds after June 2024; up to eight rooms with upwards of 24 unique stays per year at Eden House; upwards of 12 permanent supportive housing (PSH) units at Santa Fe Commons I available after July 2023; upwards of 15 PSH units at Madson Gardens after September 2023; at least ten PSH units at the Neighborhood Village after December 2023; and, comparable PSH units available at the Lofts and Santa Fe Commons II after December 2023 and in mid-2024 respectively. Cumulatively, about 74 percent of all exits to permanent housing will occur through CES absent a direct referral. Housing navigators will leverage funding for holding fees, double deposits, and 12 months of rental assistance to secure private and low-income units alike.

Lastly, city staff will pursue federal and state grant funds for additional operating reserves and development financing for permanent housing. For example, the City expended over $2,000,000 across the Permanent Local Housing Allocation and Housing Successor Agency programs on construction of the Santa Fe Commons project.

12. Describe how this proposal is tailored to meet the needs and preferences of people residing within the prioritized encampment. (1500 character limit) HMIS records, client surveys, informal input from clients and other people with lived experience, training opportunities, and literature on best practices for street outreach, rapid rehousing, problem solving, harm reduction, and other key competencies, guide the project and proposal. Both the project and proposal seek to address the basic needs, dignity, strengths, and interests of people.

Regular provision of food, water, palliative supplies, showers, portable restrooms, and waste servicing promotes health and dignity. After five months of full implementation, input from clients and contractors indicate that these services are utilized at meaningful levels and seem to facilitate engagement with case managers. These field services, together with mobile medical and behavioral health care assessments and referrals and transportation assistance, sustain engagement for housing navigation.

The proposal calls for several enhancements. First, the vast majority of clients are without vehicles and struggle to reach a range of appointments. The inclusion of a transportation liaison and an accessible vehicle should permit daily and customized travel. Second, assessment and coordination of all primary, behavioral, developmental and other care remains limited. A clinic manager, if acquired at a full or parttime rate, should improve access to a licensed professional (e.g., LCSW) for clients and case managers alike. Anticipate more rigorous and timely analysis and referrals.

Table 1: Projected Living Situations Immediately Following the Encampment
Briefly
Describe Each
Projected
Living
Situation
Immediately
Following the
Encampment
Is This
Permanent
Housing?
Quantify The
Capacity (e.g.,
number of
beds/units,
frequency of
bed/unit
availability)
Prioritized or SetAside for ERF-2-R?Is this living
situation
funded by
ERF-2-R and /
or Leveraged
Funds?
% of
Served
Persons
Projected
to Fall
Within
This Living
Situation

8.1 General Business Page 17
Eden House -
transitional
adults
experiencing
homelessness
who are
awaiting
Permanent
Supportive
Housing or
Rapid Rehousing
placements
through a
variety of
programs, such
as Section 8
voucher
programs and
HUD
Continuum of
Care PSH
programs
No 8 beds with
turnover every
60 to 180 days
Set-Aside Both 27
Santa Fe
Commons I -
Twenty-one 1-
bedroom units,
two 2-bedroom
units, and two
3-bedroom units
will be set aside
as Permanent
Supportive
Housing for
people
experiencing
homelessness
and living with a
mental illness
as part of HCD
No Place Like
Home
Yes 10 units Prioritized Leveraged6
Madson
Gardens - 57-
unit PSH
project, located
at 26442 N.

Highway 99,
Tulare, CA
93274;
Residential
Yes 15 units Set-Aside Both8

8.1 General Business Page 18
units will serve
households
experiencing
homelessness,
including 20
units
designated for
persons who
are chronically
homeless
The
Neighborhood
Village - 53-unit,
master-planned,
intentional
community for
the chronically
homeless in
Tulare County;
provide income
opportunities
and a full slate
of health and
human services
to foster healing
and long-term
stability
Yes 10 units Prioritized Leveraged6
Tulare
Emergency
Shelter – noncongregate
portion of free
standing 100
square foot
units with
occupancy for
12 months or
less and on-site
case
management,
housing
navigation, and
access to
medical,
behavioral,
and/or mental
health care
services
No 16 dwelling
rooms with
turnover every
six to twelve
months
Set-Aside Both 18
Tulare
Emergency
No 200 beds with
turnover every
Prioritized Leveraged 52

8.1 General Business Page 19
Shelter –
congregate and
non-congregate
beds in primary
residential
building, with
case
management
and housing
navigation,
together with
on-site and/or
referrals to
medical,
behavioral, and
mental health
care services
90 to 270 days
depending on
bed type
Private market
and/or lowincome rental
units – Case
managers will
use rental
assistance and
flex funs to
secure 12-
month lease for
clients at private
market or other
subsidized units
not in the CES
portfolio
Yes 10 units Neither ERF6
Santa Fe
Commons II –
phase two of an
affordable
housing project
with fourteen
units set aside
as permanent
supportive
housing and
paired with a
Section 8
Mainstream
Project-Based
Voucher; ERF
clients must
meet MVP
criteria
Yes 12 units Prioritized Leveraged7

8.1 General Business Page 20
Unsheltered
locations - place
not meant for
human
habitation
including a
vehicle, tent, or
makeshift
structure, or
vacant building
No To be
determined -
anticipate 19 or
more returns to
homelessness
Not applicable Not applicable 11
Table 2: Projected Housing and Service Pathways to Permanent Housing
Describe Projected Housing and Service Pathway to
Permanent Housing
Quantify the
Capacity of the
Housing and
Service Pathway
Is this Housing
and Service
Pathway
Funded by
ERF-2-R and /
or Leveraged
Funds?
Availability of integrative services and engagement at a designated temporary encampment area for clients and other unhoused people who voluntarily relocated from prioritized sites 134 12 by 15 foot
campsites
Leveraged
Referral to Eden House, transitional housing project, for interim stays of 180 days or less while receiving on-site services and housing navigation
about 16 beds per
year / total of 48
beds through 3
years
Both
By June 2024, referral to sixteen free standing 100 square foot units with occupancy for 12 months or less and on-site case management, housing navigation, and access to medical,
behavioral, and/or mental health care
about 16 dwelling
rooms per year
Both
By June 2024, referral to non- and congregate beds within shelter's primary building with on-site services and housing navigation
about 200 beds per
year
Leveraged
Table 3: Strategies to Mitigate Displacement
Strategy Is this Strategy Funded
by ERF-2-R and / or
Leveraged Funds?
Formal and informal correspondence with Union Pacific Railroad Company on status of camping and clearing actions on private property within prioritized area
Other
Develop and distribute letters and flyers on the status of project services and camping on public right of way in prioritized area
Leveraged

8.1 General Business Page 21
Gather informal input and conduct surveys of people in prioritized sites on preferences for services and maintenance on public right of way within prioritized area
Both
Operate a designated camping area for people from prioritized site; This includes 134 campsites and an array of on-site amenities and a commitment from contractors for the ongoing delivery of ERF field services at this alternative location
Both
Refer to Tulare emergency shelter that is set to open June 2024; offers congregate beds and non-congregate beds and independent dwelling rooms (100 sq. ft) which ERF clients receive exclusive access for interim stays of six to twelve months
Both
Table 4: Strategies to Mitigate Returns to Unsheltered
Homelessness
Strategy Is this Strategy Funded
by ERF-2-R and / or
Leveraged Funds?
Case Managers / Housing Navigators work with their clients to prepare, coordinate, and execute a warm handoff to third-party professional staff at interim and permanent housing opportunities
Both
Deployment of full or partial payment of rent for 12 months and flex funds, scaled from $800 to $2,000 per person, for payment of arrears, holding fees, storage, and/or other costs that may sustain a client’s interim and/or permanent housing stay
Both
Provision of housing tenancy and sustaining services, for at least 50 clients, by managed care plans (Anthem and Health Net) including, but not limited to, dispute resolution, eviction prevention, benefits advocacy, and lease compliance
Leveraged

13. Describe how this proposal considers and plans for the dynamic nature of encampments including potential inflow of people into the geographically served areas. (1000 character limit) City staff communicate and coordinate with clients and service providers ahead of private and/or public actions that may cause stress and displacement as well as on the status of public right of way available for camping. Unhoused people at locations outside of the prioritized area are advised to use the 2-1-1 database to contact other outreach providers.

Opening of a temporary encampment area outside of the prioritized area was due, in part, to the growth in the size of encampments within the prioritized area. The City’s proposal should scale services to better address demand of people in the prioritized area and those ERF clients who registered for a campsite at the temporary area. To-date, roughly 88 percent of guests are enrolled on the ERF project. The City will continue to prioritize campsites for people within the prioritized area and maintain capacity at 134 households. New invitations to the temporary area will depend on housing exits and capacity.

14. Describe how this proposal will support individuals with continued access to and / or the storage of their personal property. (1000 character limit) On the current project, communication and coordination ahead of maintenance and/or code enforcement actions within public right of way minimizes the likelihood a person within the prioritized area loses their

8.1 General Business Page 22
belongings. Unfortunately, this same practice is more unpredictable with regards to the private property in the prioritized area managed by Union Pacific Railroad Company.

ERF clients utilizing the City’s designated encampment area have the option to store personal property within their own campsite and in a 95-gallon plastic bin that is stored within a controlled access c-train container on-site.

The proposal calls for a continuation of the above measures as well as the scaling of a flex fund from $800 to $2,000. In so doing, case managers may guide clients to rent a storage space while in interim and/or permanent housing. This storage option may help particular people accept housing opportunities that typically come with limited storage.

15. Describe how this proposal will support individuals with service animals and/or pets. (1000 character limit)
The project already provides pet food, leashes, and waste bags for companion animals of people in the prioritized sites. Similarly, the City designed the temporary encampment area to accommodate two animals within each of the 134 campsites and provide a separate fenced dog-run area. The designated facility may also offer guests access to on-site kennels for larger dogs and all animals for instances when a guest must leave to attend appointments, work, and/or other commitments. And with the inclusion of a transportation liaison, clients on the project may schedule and reach the local animal shelter for vaccination, licensure, and other services for their animals.

The contractor providing palliative supplies will continue to supplement pet items; with the bulk of related costs provided by the City through internal funds and private donations.

When considering housing, clients may use flex funds to acquire a license, vaccination, deposit, and/or kennel to comply with pet lease terms.

Budget and Resource Plan

16. State the total amount of ERF-2-R funds requested.
$4,822,586.00

17. State the estimated dollar value of secured, non-ERF-2-R resources that will help meet this proposal’s outcomes. $1,952,841.00

18. Identify and describe these non-ERF-2-R resources. (1000 character limit)
City will commit local resources, entitlement, federal, and/or state grant funds where feasible to maintain services and preserve and develop housing. For example, case manager staffing required a commitment of all eligible CDBG funds, $110,000, as well as, $138,789 of federal HHAP 4 funds. For rental assistance, the City committed $150,000 of HOME Program funds and will apply for a minimum of $300,000 to support ERF clients and other low-income households in March 2023.

The current proposal involves the above sources and contributions from prospective partners in the amounts of $144,048 and $286,440 for paid job training and housing sustaining services respectively. The latter of which is possible through CalAIM. Resources for case management and housing navigation will depend on at least $110,00

8.1 General Business Page 23
from CDBG and/or Housing Successor funds. And for development of sixteen modular units and associated facilities, the City estimates a contribution of $1,262,333.

19. Describe how the proposal is a prudent and effective use of requested funding relative to the number of people it seeks to serve and the types of services and housing to be provided in the proposal. Include an explanation of how the requested ERF-2-R amount was determined. (1000 character limit)
The number of people in the prioritized sites and their respective service and housing needs demand scaling and enhancement where tenable. The ERF-1 project and proposed expansion helps reduce or remove duplicate efforts and more rapidly offer specialty targeted services such as benefits acquisition and medical care. Rental assistance, with interim and permanent housing, accounts for 72 percent of the total ERF 2-R request. This is representative of a commitment to preserve and deliver more housing options to the people within the prioritized sites.

The other share of funds focuses on people’s basic needs, access to different types of care, and self-sufficiency. Street outreach, services coordination, and preventative actions with the proposal aim to sustain housing outcomes. The city and region’s portfolio of housing for unsheltered people will advance over time, and this proposal attempts to mitigate particular adverse effects of the housing gap and while also investing in housing.

Attachment: Standardized Budget
ERF Standardized Budget_City of Tulare_02.23.xlsx
Key Entities and Staff

20. First, describe the implementing organization and specific unit or office within the implementing organization that would administer ERF-2-R. Then, describe their role and primary responsibilities for this proposal. Finally, if these entities have managed a complex homelessness project or grant, describe how those experiences informed this proposal. (1500 character limit) Project oversight and grants administrator duties will continue through the City’s Community Development (CD) Department. A senior housing and grants specialist will manage day-to-day correspondence and coordination with contractors, as well as, startup and evaluation work. While, a Community Development Director and fellow housing and grants specialist will support oversight, reimbursements, and reporting.

Collectively, these CD Department staff possess extensive project, grant, and risk management experience. This Department’s readiness to deliver an ERF-2-R project is evidenced by areas of learning and success on ERF-1 and the involvement of highly qualified nonprofit, public, and private entities in the space of homelessness services and housing.

Homelessness project experience and learning produce a variety of improvements. For example, contractors continue to assess how best to triage and deliver effective services for all people amidst considerable in-flow. Operational adjustments will continue while the CD Department seeks additional staffing, such as a transportation coordinator and care manager, to better meet demand. And to strengthen housing options, CD staff requests more funds to scale and offer flex and rental assistance as well as to invest in reliable interim and permanent units. These and other housing options are solidified with housing tenancy and sustaining services with or without ERF-2-R funds through Cal AIM.

8.1 General Business Page 24
Table 5: Key Staff
Title Currently
Filled
Position?
FTE of Staffing
for This
Proposal
Funded by
ERF-2-R and /
or Leveraged
Funds?
Brief Description of Duties
Case Manager No 1.0 Leveraged Street outreach, relationship development, services
coordination, housing navigation
with 30 or more people on
Monday through Friday schedule.

Transportation
Coordinator
No 1.0 Both Complement services
coordination and housing
navigation for all people in
prioritized sites through
implementation of a customized
driving schedule to appointments
and other commitments Monday
through Friday.

Program / Care
Manager
No 1.0 ERF-2-R a LCSW or comparable licensure
to inform and lead outreach,
coordination, health promotion,
care management, disability
assessments, overall plan
development for 100 or more
people on a Monday through
Friday schedule.

Homeless
Multidisciplinary
Team with
Tulare County
Health and
Human
Services
Agency
Yes 0.10 Both Unit Manager, budget officer,
community services staff, and
AOD/SUD counselor(s) providing
outreach, behavioral health
assessments and referrals, social
benefits enrollment, aging
services, and case conferencing
four hours per week.

Job Training
Senior Program
Coordinator
No 0.25 Both Program oversight of recruitment,
preparation, placements, and
reporting for the paid job training
program for 10 ERF clients.

Job Training
Program
Coordinator
No 1.0 ERF-2-R Implementation of recruitment, job
preparation, job placement and
support, and reporting duties for
10 ERF clients on a Monday to
Friday schedule.

Job Training
Program
No 0.10 Both Fiscal oversight, billing, and
reporting duties on the job training

8.1 General Business Page 25
Accountant program for 10 ERF clients.

Contractors for
Housing
Tenancy and
Sustaining
Services
No 2.0 Leveraged Local contractors through CalAIM
to provide dispute resolution,
benefits advocacy, lease
compliance, and others for 40 or
more ERF clients in permanent
housing each year.

Fresh Start
Wash and
Wellness
Program
Managers
Partial 2.0 ERF-2-R Provide outreach, guest customer
service, shower unit preparation
and cleaning, towel and hygiene
kit distribution, vehicle and trailer
maintenance, data collection and
reporting in HMIS, on a 4.5 days
per week schedule.

Food Truck
Outreach
Manager
Yes 0.75 ERF-2-R Oversees food truck operation
and staffing through driving,
ordering supplies, monitoring
budgets, developing guest and
volunteer relationships, and
reporting on internal and HMIS
metrics on 3 days of field service
and up to 120 recipients per day.

Food Truck
Outreach
Coordinator
Yes 0.80 ERF-2-R Coordinates outreach, cultivates
relationships with guests and
volunteers, monitors inventory
and donations, collects data, and
support truck maintenance for 3
days of service per week.

Data
Administrator -
Salt+Light
Works
No 0.50 ERF-2-R For food truck and case
management, Oversees data
collection, internal database,
regular input of service and case
management records into HMIS,
and all ERF program reporting.

Community
Engagement
Manager -
Salt+Light
Works
Yes 0.20 ERF-2-R For food truck and case
management, Cultivates
relationships with local private,
nonprofit, and public entities,
provides marketing and reporting
support, and secures and
coordinates use of donations and
special events in prioritized sites.

Volunteer
Coordinator -
Salt+Light
Works
Yes 0.25 ERF-2-R For food truck, Secures, trains,
and organizations all volunteer
support on meal preparation and
delivery 3 days per week.

8.1 General Business Page 26
Project Director
- City of Tulare
Yes 0.15 Both Executes regular oversight,
coordination, and evaluation
duties for the CD Department on
the ERF program, including
outreach, contracting, quality
assurance, and liaison with
beneficiaries of ERF program.

Grants
Administrator -
City of Tulare
Yes 0.075 Both Delivers accounting, data
collection and reporting, and
communication support with
contractors and Cal ICH on ERF
program.

Homelessness
Assistance and
Liaison Officers
– Tulare Police
Department
Yes 0.20 Leveraged Outreach and relationship
building with people in the
prioritized sites to promote safety
and trust as well as coordination
with case managers and project
director on transportation,
wellness checks, and other
logistics.

City Safety,
Compliance,
and Facilities
Officer – Tulare
Office of Safety,
Compliance,
and Facilities
Yes 0.10 Leveraged Outreach and relationship
building with ERF clients to
promote safety and compliance
with intersecting ordinances as
well as logistical direction on field
services and the provision of
portable restrooms, hand washing
stations, and waste bins.

21. First, describe key partners that will collectively pursue the proposal's outcomes. Then, describe their role and primary responsibilities for this proposal. Finally, if these entities have managed a complex homelessness project or grant, describe how those experiences informed this proposal. (1500 character limit)
Outcomes on the ERF-1 project and proposal depend on successful contractor performance, cross sector collaboration, and city administration. The City is not equipped to deliver the essential services and housing options exclusively.

Integrative field services for people in the prioritized sites are implemented by skillful and experienced nonprofit and public entities. Current and prospective partners include the Kings Tulare CoC, Kings View Inc., Salt+Light Works, Clean the World Foundation Inc., Tulare County Health and Human Services Agency, Adventist Health Tulare, Orgcode Consulting Inc., Family Healthcare Network, Tulare County Healthcare Centers, and Community Services Employment Training (CSET). On ERF-1, seven of these organizations are collaborating to address clients’ basic needs and multiple areas of health as well as to facilitate exits to housing. Prospective partners expressed interest in enhancing primary medical care services and job-training for clients.

The proposal maintains field services and seeks to bolster financing for interim and permanent housing.

Regional affordable housing developers and supportive housing management entities, such as Self-Help Enterprises and RH Community Builders, advised the City on costs to preserve particular housing, while representatives from Health Net and Anthem Blue Cross, committed housing tenancy and sustaining

8.1 General Business Page 27
services. The overall network of organizations is positioned for novel collaboration and impact.

22. Describe specific examples of how Local Jurisdiction(s) and the CoC have collaborated on the design and implementation of this proposal. (1000 character limit) ERF-1 project and current proposal integrate and expand on the local homelessness response system, and not as a stand-alone effort. The City and the Kings Tulare CoC utilized a subrecipient relationship for three years prior to ERF on outreach, services coordination, and housing navigation for people community wide. From this experience, the City collaborated with the local CoC to assess people within prioritized sites, intensify and coordinate field services, and enhance available subsidies for permanent housing.

Contractors implement their field and/or housing services through the local coordinated entry system and routinely leverage opportunities to improve triaging, data collection, resource management, and other functions. This speaks to a high level of communication, coordination, and learning. Weekly coordination meetings amongst all contractors and review within the CoC network as well as the County Taskforce on Homelessness also point to significant application opportunity.

Optional Upload: Evidence of Cross-Jurisdictional Collaboration Letters of Support-Tulare ERF-2-R.pdf
CSET_Letter of Support_City of Tulare.pdf

23. Identify any entities that have a right to and/or control of the property upon which the encampment site resides and discuss whether each of these entities committed allowing the implementation of this proposal. If they have not committed, please explain how you have or plan to engage with this entity to implement your proposal. Aditionally, describe how you collaborated with Caltrans on your program design, implementation plans, and timeline. (1000 character limit) The City possesses a positive and open dialogue with Union Pacific Railroad Company (UPR) on homelessness, particularly safety issues, and ahead of their cleanup events on property within the prioritized area. UPR has not committed funding to an ERF proposal to-date, but did express support of state homelessness programs generally. City expects to maintain a working relationship with UPR and will re-engage UPR to request logistical and/or financial support with relocation and alternative camping area(s).

The majority of property within the prioritized area is controlled by UPR, however portions of state routes 137 and 99 affect the target population as well. Caltrans reviewed the City’s ERF-1 work plan and budget, prior to endorsing the current proposal and offering outreach, collaboration, communication support to people and providers interacting on or near state routes. The City will leverage Caltrans resources to improve safety and execute relocation/cleanup events fairly.

Centering People

24. How were persons with lived experience meaningfully incorporated into the planning and proposed implementation of this proposal? Please identify whether any perspectives were incorporated from persons that are currently unsheltered and / or formerly or currently residing within the prioritized encampment. (1000 character limit) People in the prioritized site are routinely and purposefully consulted. Those engaged regularly share suggestions and requests with case managers and city personnel, which is discussed at weekly meetings.

This information and data from HMIS, contractor performance reports, and surveys gathered in midFebruary of 2023 aided planning.

For example, the HMT with the County HHSA surveyed 74 people on demographic, project engagement, services, benefits, income, and housing. Combined with HMIS data and internal reports, it was determined that a proposal must scale the availability of food, supplies, and hygiene services, adjust outreach, and deploy additional staff to manage caseloads and coordination. Survey information demonstrated that about 24, 70, and 87 percent of people have a source of income, health insurance, and interest in housing

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respectively. These figures affirmed the value of paid job training and urgency to establish medical care and reliable housing options promptly.

25. Briefly describe how the proposal exemplifies Housing First approaches as defined in Welfare and Institutions Code section 8255. (1000 character limit) Project and proposal upholds Housing First by ensuring that:
• a lack of sobriety and other problematic behavior does not impact eligibility for services; • housing navigation is nonjudgmental and involves frequent engagement and problem solving with clients to address barriers such as poor credit or financial history and criminal convictions; • supports individualized and client driven, such as access to mental health, substance use, and physical health services;
• housing referrals follow CES Written Standards on assessment and triage; and, • social and community integration occurs, such as when people use a mobile shower unit to address personal care needs and in turn utilize more public facing services.

Training will continue to cover housing first, harm reduction, trauma informed care, strengths-based engagement, and other practices. And given the city’s roles, training and operation of the temporary area with housing first practices will be executed where feasible.

26. Briefly describe how this proposal will center an individual’s choice and provide trauma informed services and supports. (1000 character limit)
Contractors are committed to trauma awareness. Particular staff often lead and build consensus among the network of providers to learn client’s stories and their roots and responses to trauma. A focus on relationship building and the delivery of services that meet basic needs (e.g., food and palliative supplies, shower / hygiene services) have an added goal of fostering safety and trustworthiness. In coordination with providers, City staff may promote a sense of safety, a foundation for trust, by responding to reports from clients in a consistent and nonjudgmental manner.

Case Managers and the County HHSA staff also practice a strengths-based approach to service delivery, where people’s abilities and resilience are respected and opportunities for empowerment are encouraged.

The City and its partners uphold grievance policies and strive to modify schedules, practices, and staffing according to input from people in the prioritized sites and those with lived experience.

27. Describe how this proposal will operationalize harm reduction and provide services that improve a person’s health, dignity, and safety while they continue to reside within the prioritized encampment site. (1000 character limit)
ERF-1 strives for a person-centered approach to promote health and reduce adverse effects, particularly of substance use, for engaged people and their community. On drug use, particular staff deliver services including education, assessment and referral for treatment, sharps containers and safe disposal, and overdose prevention. People have access to sharps container and safe disposal three days a week and most contractors are trained and equipped with Narcan.

Planned services will also address sexual health. This may involve education and services to prevent STI transmission, including male and female condoms, information on sex work, STI testing, and access to vaccinations or treatments. Project is pending support from medical providers, public health staff, and community-based organizations. Overall, regular coordination between contractors and forthcoming training will promote a practice to progressively engage people and remain person centered and compassionate.

28. For encamped locations that are objectively dangerous, describe how the proposal will seek to prevent harm for people experiencing unsheltered homelessness in these locations. (1000 character limit)
Field services, portable restrooms, and waste bins are deployed to minimize interaction with vehicle and

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pedestrian cross traffic. City’s Office of Safety and Police Department staff canvass to form relationships with people and contractors for a variety purposes, including to assess and amend services with respect to safety concerns.

Designating areas for camping, including a portion of a public park and the newly formed temporary encampment area, involves a plan to mitigate exposure of people to an active freight railroad. Fencing, signage, lighting, and canvassing by various departments, including by Homeless Assistance and Liaison Officers, are several practices employed at these locations to promote safety within and deter outside threats including vehicle traffic, illegal dumping, and harassment.

And the inclusion of a transportation coordinator should substantially reduce the time and distance to reach services, often by bicycle and foot, and lower risk of injury.

29. Identify what controls are or will be in place to ensure that all ERF-2-R funded parties will not penalize homelessness. The term “penalize homelessness” means to impose, by a governmental unit, criminal or civil penalties on persons who are homeless in a manner that is related to those persons’ engagement in necessary human activities, including sleeping, resting, and eating. (1000 character limit)
None of the contractors on ERF-1 or prospective providers are responsible or involved in code enforcement actions. City Departments are solely responsible for enforcement on camping, trespassing, nuisance, and other issues often alleged against unhoused people. Given that about half of people in the prioritized area reside on private property owned by Union Pacific, the City will continue to pursue regular communication with Union Pacific in order to stay informed and able to advise people ahead of cleanup actions. City staff, together with many service providers, leverage existing and form new relationships with people to promote access to designated area(s) for camping outside of prioritized sites, including a sizable temporary encampment space about 1 mile southeast of the focus area. The City will maintain this temporary encampment facility, and/or other areas for camping, for several months following the opening of an emergency shelter around June 2024.

30. Describe how this proposal considers sanitation services for people residing in the prioritized encampment. This may include but is not limited to non-intrusive, curb-side waste removal and access to clean and available bathrooms. (1000 character limit) ERF-1 allotted clients access to different sanitation services in the prioritized sites that promote hygiene and well-being, while also minimizing public health issues. Portable restrooms and hand washing stations were incorporated at three locations within the prioritize area and at the new designated area. All units are cleaned and restocked weekly. People also have access to a fresh start and wellness program provided by Clean the World. This service provides about 50 showers and hygiene kits daily through self-contained 4- stall mobile unit with ADA accommodation. The proposal will scale weekly operation from 3 to 4.5 days.

Additionally, the Public Works Department deploys 4 to 6 individual six-yard waste bins, and occasionally large roll-off bins as well, with the six-yard bins providing for the removal of about 800 to 1,200 pounds of waste per week.

Accelerated Timeline

31. How is your community currently supporting and / or engaging with people residing within the prioritized encampment? (1000 character limit)
City and partners completed 7 months on ERF-1 and the delivery of integrative field services, services coordination, and flexible housing subsidies. Project boasts learning applicable to this proposal and 19 exits to housing. Continued implementation of ERF-1 ensures regular engagement with current clients and new enrollment opportunities for other people. From this, City staff will gather and incorporate input from clients, those partially engaged, and others to plan for strategic implementation.

City also committed about $4,632,000 to construct an emergency shelter facility, that includes a primary

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building of congregate beds, a village of modular units, and administration buildings for colocation of medical, behavioral, and/or mental health services. City staff also receive regular requests for meetings with local FQHCs, health plans, and other service providers on the subject of expanding primary medical care through a mobile unit and other setups, including telehealth.

32. If this proposal is selected, in advance of receiving funding, what steps will your community take to support the people living in the encampment and swift implementation of this proposal? (1000 character limit)
The ERF-1 project, although stretched beyond capacity, ensures communication and services access points that people in the prioritized site may utilize. For limited or previously unengaged people in the prioritized areas, the presence of contractors and city staff on a regular basis provide the means to educate and prepare people for better inclusion on an ERF project. Weekly canvassing, together with intentional correspondence, including flyers / letters and informal conversation, should ensure regular opportunities to facilitate understanding with people and assess developments in the prioritized area.

The CD Department, in consultation with the Finance Department and City Attorney, will review procurement options and prepare materials and notices for an open and competitive bid process as well as sole source. This work, combined with coordination with prospective services and housing providers, should prepare the City for a streamlined and productive subcontracting period.

Table 6: Projected Milestones
Outreach to the
people residing in
the prioritized
encampment site
began / will begin
in month ____.

This proposal will
reach full operating
capacity in month
_____.

The first planned exit
of a person or
household from the
prioritized
encampment will occur
in month______.

The last planned exit of a
person or household from
the prioritized encampment
will occur in month _____.
three five three fifteen
Attachment: Standardized Timeline
ERF Project Timeline_City of Tulare_02.23.xlsx
Applicants must use the ERF-2-R Timeline Template available on box.com

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CERTIFICATION
Before certifying, applicants are strongly encouraged to review the NOFA.

I certify that all information included in this Application is true and accurate to the best of my knowledge.

Name
Alexis Costales
Title
Senior Housing and Grants Specialist
Email
[email protected]

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<5 WORD DESCRIPTION NAME OF ENTITY OR PART

OF PROPOSAL
ERF-2-R PROPOSED
BUDGET

LEVERAGED

FISCAL SUPPORT
2 SENTENCE DESCRIPTION
Guidance
and
Intended
Use
This budget template may be slightly
modified to meet local needs. If awarded
funding, this budget, once approved, will
serve as your communitys official project
budget. Any changes to this budget must
be authorized through the change request
process.

Prinicple : Cal ICH should be able to
navigate only your submitted budget and
understand the general parameters of the
proposal and how it may be funded.

Use dropdowns. See NOFA, III. A. Enables Cal ICH to immediately understand the line item.

Enables Cal ICH to associate the
line item with specific entities or
parts of a proposal.

Only ERF-2-R Funds Non ERF-2-R Funds
That WILL be Used to
Support this Proposal
Enables Cal ICH to better understand the line item, context, and / or other pertinent information related to the proposed line item.

PERSONNEL COSTS SALARY FTE MONTHS
Services Coordination Case Mananger for 30 + clients Contractor 67,928.00 1.00 12 - 74,721.00 Salary and benefits estimate for professional staff to conduct street outreach, build relationships, coordinate services, and execute a housing plan for 30 or more people. Includes an indirect cost rate of 10% and rounding up to nearest dollar.

Services Coordination Transportation Coordinator for all clients Contractor 67,928.00 1.00 12 39,442.00 35,279.00 Salary and benefits estimate, with an indirect cost rate of 10%, for professional staff to complement case management and housing navigation work and implement a customized transporation service for all clients on a Monday-Friday basis. Functional role to mitigate limitations for all clients absent a vehicle.

Systems Support Program / Care Manager all clients Contractor 127,106.00 1.00 12 139,817.00 - Salary and benefits estimate for professional staff, rounded up to nearest dollar, to inform outreach, coordination, health promotion, care management, and plan development for all clients on a Case Manager's caseload. An LCSW or comparable licensure with an indirect cost rate of 10%.

Services Coordination Homeless Multidisciplinary Team Tulare County Health & Human Services Agency 312,000.00 0.100 12 31,200.00 -
Fixed cost estimate for outreach, benefits enrollment, mental / behavioral health assessments and referrals, and other field services. Proposal from County HHSA based on four hours per week of service (0.10 FTE) from a Unit Manager, Community Services Workers, AOD/SUD counselors, and a Budget Officer.

Services Coordination Senior Program Coordinator - Job Training Contractor 100,212.52 0.25 12 25,054.00 75,160.00 Based on a cost proposal from CSET including salary and fringe benefits rounded up to nearest dollar; position to be determined with program oversight duties on recruitments, placements, and reporting for at least 10 participants.

Services Coordination Program Coordinator - Job Training Contractor 83,813.73 1.00 12 83,814.00 - Based on a cost proposal from CSET including salary and fringe benefits rounded up to nearest dollar; position to be determined with program implementation duties on recruitment, eligibility determination, job preparation and fulfillment, and reporting for at least 10 participants.

Services Coordination Accountanct - Job Training Contractor 72,514.58 0.05 12 3,626.00 68,889.00 Based on a cost proposal from CSET including salary and fringe benefits rounded up to nearest dollar; position to be determined with oversight and reporting on program finances.

Prevention and Diversion Housing Tenancy & Sustaining Services Subcontractors with Anthem Blue Cross & Health Net 143,220.00 2.00 24 - 286,440.00
Based estimates of yearly value ($68,220 and $75,000) within letters of commitment from Anthem Blue Cross and Health Net Medi-Cal Managed Care Plan representatives. Through CalAIM contractors, about 40 clients per year will receive dispute resolution, benefits advocacy, lease compliance, and other services to sustain permanent housing.

Subtotal - Personnel Costs $ 322,953.00 $ 540,489.00

NON-PERSONNEL COSTS UNIT RATE TIME

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ATTACHMENT 3
Street Outreach Portable restrooms & sink stations Contractor - Sierra Sanitation 6.0 $ 690.00 18 months $ 74,520.00 $ - Continue deployment of portable restrooms and hand washing stations at sites with a weekly service schedule for people to have reasonable access to this hygiene and personal health outlet.

Street Outreach Six-yard waste bins City of Tulare - Solid Waste 4.0 $ 570.00 18 months $ 41,040.00 $ - Continue deployment of four (4) six yard waste bins at prioritized sites with a weekly service schedule to mitigate trash build up and associated hazards.

Services Coordination Training and technical assistance Contractor(s) 1.0 $ 16,000.00 12 months $ 16,000.00 $ - Based on cost quote for on-site technical assistance and onboarding digital materials on trauma informed care, street outreach, strengths based engagement, and other essential competencies.

Services Coordination Operating costs for Transporation Coordinator Contractor 1.0 $ 1,800.00 12 months $ 21,600.00 $ - Based on monthly cost quote for a vehicle rental, gas, insurance, and maintenance. Vehicle purchase and ownership likely cost prohibitive.

Street Outreach Mobile shower and hygiene service Clean the World Foundation, Inc. 1.0 $ 22,722.00 12 months $ 272,664.00 $ - Based on a fixed monthly operating cost proposal from Clean the World Foundation to maintain a 4-stall shower and bathroom trailer on 4.5 days per week schedule with 2 FTE staff, supplies, hygiene kits, linen service, maintenance, and insurance fees. Minimum capacity of 50 showers per day, pending scaling of capacity with utility connections.

Street Outreach Food and palliative supplies service Salt+Light Works 1.0 $ 25,629.00 12 months $ 307,548.00 $ - Based on a monthly operating cost proposal from Salt+Light Works involving six staff at rates of 0.80 FTE to 0.25 FTE, 25 percent of benefits, two meals per day at 3 days per week, inventory of palliative items such as blankets, sleeping bags, tents, OTC medications, etc.., vehicle fuel and maintenance, and other overhead fees.

Services Coordination Participant compensation - Job Training Contractor 10.0 $ 15.50 531 hours $ 83,805.00 $ 19.00 Based on a cost proposal from CSET for a paid job training program for 10 participants; program executes a graduated approach of 20 hours for six weeks, followed by 40 hours for 9 weeks, equaling 480 hours. This estimate also includes $1,500 for participant support services such as work attire and other job supplies.

Services Coordination Supplies, overhead, mileage - Job Training Contractor 12 months $ 41,203.00 $ - Based on a cost proposal from CSET, rounded up to nearest dollar, for a paid job training program accounting for program staff laptop and office supplies ($2,498.81), overhead of rent, utilities, and payroll ($15,584.81), mileage rate of 0.65 times 800 miles ($520), general liability insurance fee ($1,092.50), and a negotiated indirect cost rate with HHS at 16.4% ($21,506.29).

Rapid Rehousing Flex Fund - Client Stability Assistance Case Managers at KTHA, Kings View, Salt+Light, and other(s) 52.0 $ 2,000.00 24 months $ 104,000.00 $ - Flexible pool of funds for an estimated 52 clients to address costs including holding fees, application fees, utility arrears, unit amenities, and other expenses related to securing and sustaining PH. *Will adopt CoC flex fund standards and amend ERF-1 program / budget to coincide and bolster reach.

Rapid Rehousing Rental Subsidy - Client Assistance Case Managers at KTHA, Kings View, Salt+Light, and other(s) 52.0 HUD Fair
Market Rent 24 months $ 414,406.00 $ 150,000.00
Based on a 12-month term of rent assistance and a deposit equal to one month's rent, using FY2023 Fair Market Rent Documentation System rent caps for one-, two-bedroom, three-bed units. Estimate involves a distribution of 43 one-bedroom, 6 two-bedroom, and 3 three-beds at rates of $848, $1,116, and $1,552 respectively.

Operating Subsidies Operating reserves for interim housing Eden House - Self-Help Enterprises 8.00 $ 40,073.62 36 months $ 990,908.00 $ - Subsidy to an existing interim housing pathway for clients at a per bed annual cost of $40,073.62 multiplied by eight beds, with a 3% increase annually; Cost proposal provided by Self-Help Enterprises regarding Eden House beds and its on-site case management, housing navigation, meals, life skills and other services.

Operating Subsidies Operating reserves permanent supportive housing Madson Gardens - RH Community Builders 15.00 $ 9,900.00 60 months $ 788,407.00 $ -
Subsidy to a new permanent supportive housing option for clients at an annual subsidy request of $148,500 for 15 units, with a 3% escalation. Cost proposal provided by RH Community Builders with calculations based on 2023 Fair Market Rents for efficiency units ($825 per month).

Interim Sheltering Construction and installation interim beds City of Tulare - Engineering Dept. 16.00 $ 80,575.00 $ 1,289,200.00 $ 1,262,333.00 Cost estimate based on current design from City Engineer and contract architect for an emergency shelter and on-site private modular units. ERF-2- R investment solely for site improvement and construction of sixteen modular units (100 sq ft) for interim stays and restrooms and office building for clients.

8.1 General Business Page 34
Subtotal - Non-Personnel Costs $ 4,445,301.00 $ 1,412,352.00

ADMINISTRATIVE COSTS
Administrative Costs
Project Director City of Tulare - Comm. Develop. 1 $ 912.00 24 months $ 21,888.00 $ -
Sr. Housing and Grants Specialist to maintain project oversight and coordination duties with network of contractors; Compensation based on a salary rate of $38.00 per hour and level of service at 0.15 FTE.

Administrative Costs
Grants Administrator City of Tulare - Comm. Develop. 1 $ 456.00 24 months $ 10,944.00 $ -
Sr. or Housing and Grants Specialist to provide accounting and reporting support; Compensation based on a salary rate of $38.00 per hour and level of service at 0.05 FTE.

Administrative Costs
Equipment & Office supplies for project Case Manager & City of Tulare - Comm. Develop. $ 8,000.00 $ -
Based on current project expenses for mobile Wifi, printer supplies, cell phone service, safety gear, documents storage, and other supplies as needed for Case Managers and City staff.

Administrative Costs
Mileage Case Managers & Transit Coordinator Contrator(s) 1.5 0.625 Per mile / 18 months $ 13,500.00 $ -
Based on current project expenses for Case Manager transportation of clients and their own travel to and from sites; Involves IRS mileage rate of

0.625 per mile multiplied by 800 miles per month.

Subtotal - Administrative Costs $ 54,332.00 $ -
TOTAL BUDGET $ 4,822,586.00 $ 1,952,841.00
Total Proposal Cost $ 6,775,427.00
ERF 2-R portion 71.2%
Admin Cost Portion 1.1%
Interim/ Perm Housing Share 72.2%

8.1 General Business Page 35

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ATTACHMENT 4

8.1 General Business Page 37
August 24, 2023
Tulare City Council
411 E Kern Ave, Tulare, CA 93274
RE: Support for the City of Tulare’s ERF Round 2 (ERF-2-R) Dear Honorable Mayor and Tulare City Council Members:

Tulare County HHSA has the vision of healthy children and adults, supportive families, and thriving communities. We’re dedicated to protecting and strengthening the well-being of the community through the development of effective policies, practices, and services delivered in a culturally and linguistically competent manner. We applaud the ongoing efforts of the City of Tulare through their ERF-1 grant and are excited about continuing these collaborative efforts through ERF-2. This project is in direct alignment with our vision, mission, and values.

Under our pending agreement, the City of Tulare will provide $31,200 to assist HHSA's Integrated Service's Homeless Multidisciplinary Team with devoting staff time to this project. HHSA has deployed significant staff resources including a Self-Sufficiency Counselor, two Alcohol & Other Drug Specialists, an Aging Services Social Worker, a Public Health Education Assistant, a Licensed Vocation Nurse, and additional staff from across our agency to help address the complex needs of those being served.

HHSA’s specialists are able to provide services including benefit application and assistance for Social Security, CalWORKS, Food Stamps, Medi-Cal, General Assistance, DMV vouchers, birth certificates, Social Security cards, notary services, alcohol and drug counseling, life skills classes, referrals to CSET for the Treatment of Individuals Experiencing Homelessness (TIEH), referral to Mental Health services, In-Home Supportive Services, referral to the Home Safe Program, resources for Durable Medical Equipment (DME), linkage to rehabilitation services, health care advocacy, direct linkage and transportation to the Visalia Health Care Center, health education, in-field health assessments, linkage to Enhanced Care Management, and additional supportive services. This project has enabled more efficient service delivery of services through street outreach, service coordination, and rapid rehousing.

The County of Tulare is leveraging additional funds and resources such as the leasing of county-owned property to the city for the development of a permanent shelter as well as ARPA SLFRF funds to help the City acquire furnishings for the shelter. We are also currently discussing the utilization of Housing and Homelessness Incentive Program (HHIP) funds, and Homeless Housing, Assistance and Prevention (HHAP) funds to bring additional services to the encampment such as a mobile laundry unit. We are excited about the continuing advancements the City of Tulare has been driving to help the most vulnerable members of the community.

Sincerely,
Donna Ortiz, Agency Director
Tulare County Health & Human Services Agency

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Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: First Reading of Ordinance to Amend Title 5 (Business Regulations) of the Tulare Municipal Code

RECOMMENDED ACTION
Pass-to-print an ordinance amending Title 5 (Business Regulations) of the Tulare Municipal Code to add Chapter 5.62 (Disqualification of Contractors for Public Works Contracts).

SUMMARY
Currently, the City of Tulare adheres to the provisions of Section 23 (Purchase by Contract or in the Open Market) and Section 46 (Public Works to Be Done by Contract) of the City Charter, and Public Contract Code with regard to the procurement of contractor services for City capital improvement projects. None of the sources provide for the means of disqualifying contractors on the basis on past performance on City projects. As a result, the City has no option but to award contracts based on the “lowest responsive bidder” basis. On several occasions, this has resulted in City contracts being awarded to contractors who have a demonstrated history of either not being willing or able to comply with approved project plans and specifications. The City has incurred significant costs related to staff time, additional materials testing, and legal representation whilst trying to ensure that such contractors take corrective actions to remedy deficient work. In several instances, the City has opted to apply payment reductions and accept said deficient work. While such measures are in accordance with allowable provisions of state standard specifications, they are not ideal, as the City does not end up with the quality of product desired. The service life of improvements that fail to meet specifications is likely to be shorter than expected, ultimately leading to increased maintenance costs to the City.

The proposed ordinance will add a new Chapter (5.62) to the City Municipal Code to provide mechanisms for the City to disqualify contractors on City public works contracts.

FISCAL IMPACT & FUNDING SOURCE(S)
The proposed ordinance could result in significant savings to the City through the reduction of legal fees associated with resolving contract disputes when dealing with a nonresponsive contractor, and through reducing anticipated maintenance costs associated with non-standard work being performed on City public works projects.

LEGAL REVIEW
This item was reviewed by legal counsel.

ALTERNATIVE ACTION

1. Approve with changes – Staff would work with the City Attorney to revise the Ordinance to incorporate any changes requested by City Council.

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

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

Item #: 8.2
General Business

8.2 General Business Page 1

ATTACHMENTS

1. Ordinance
Reviewed/Approved:

8.2 General Business Page 2
ORDINANCE 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE ADDING CHAPTER 5.62 (DISQUALIFICATION OF CONTRACTORS FOR PUBLIC WORKS PROJECTS) TO TITLE 5 OF THE TULARE MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF TULARE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. CODE AMENDMENT. Chapter 5.62 of Title 5 of the Tulare Municipal Code is hereby added to read as follows:

CHAPTER 5.62

DISQUALIFICATION OF CONTRACTORS FOR PUBLIC WORKS CONTRACTS Sections:

5.62.010 Application.

5.62.020 Definitions.

5.62.030 Disqualification: effect.

5.62.040 Notice.

5.62.050 Grounds for disqualification.

5.62.060 Existence of grounds

5.62.070 Scope of disqualification.

5.62.080 Period of disqualification.

5.62.090 Disqualification procedures.

5.62.100 Appeal to City Manager.

5.62.110 Review of decision.

5.62.120 Requirement to submit information.

5.62.130 Doing Business with a disqualified person.

5.62.140 Existing contracts.

5.62.150 List of disqualified persons.

5.62.010 Application.

This chapter shall apply to all contracts awarded by or entered into by the City, including, without limitation, purchases, contracts or leases for supplies, materials or equipment; contracts for professional and nonprofessional services; contracts for public works or construction projects; and contracts with insurance or surety companies issuing insurance policies or bonds for city public works or construction projects, citysponsored events or privately-sponsored events at city facilities. The provisions of this chapter are intended to determine in advance of submittal of bids or proposals on city contracts whether a person has the necessary qualifications, fitness, capacity, integrity and trustworthiness to perform city contracts. Nothing in this chapter shall limit the city’s ability to determine prior to or at the time of contract award whether a bid or proposal is responsive to the city’s solicitation for bids or proposals and whether the person

8.2 General Business Page 3 ATTACHMENT 1
ORDINANCE 2023-XX

Page 2 ends

submitting the bid or proposal has the requisite qualifications, fitness, capacity, trustworthiness and integrity needed to perform the contract.

5.62.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A. Affiliates: Persons are “affiliates” if:

1. One person directly or indirectly controls or has the power to control or influence the decision making of the other;

2. A third person controls or has the power to control or influence the decision making of both; or

3. The person(s) has the same or overlapping management, ownership or one or more of the same principals as the other person.

Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment or common use of employees.

B. City Manager: The phrase “City Manager” means the City Manager of the City or his or her designee.

C. Contract: The term “contract” shall include, but not be limited to, city contracts, leases, licenses, agreements, purchase orders or lease-purchase agreements for the acquisition of:

1. Supplies, materials or equipment;

2. Professional or nonprofessional services;

3. Public works or construction projects;

4. Insurance policies or bonds provided in connection with a public works or construction project, a city-sponsored activity or event or a privately-sponsored activity or event at a city-owned, operated or controlled facility; and

5. Other goods and services.

D. Disqualification: The term “disqualification” means the action taken pursuant to this chapter or by another local, state or federal agency, to disqualify, suspend, prohibit, debar or render a person ineligible to bid upon, solicit, be awarded or perform public contracts or any portion thereof.

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E. Hearing Officer: The phrase “Hearing Officer” shall mean the person appointed by the City Manager to administer the disqualification procedures set forth in this chapter.

The Hearing Officer need only be a neutral third party and may, but is not required to be, a professional mediator/arbitrator.

F. As used in the Charter of the City of Tulare, “Lowest responsible bidder” means the lowest bidder, not disqualified, whose offer best responds in quality, fitness and capacity to the requirements of the proposed work or usage, as specified. In determining the lowest responsible bidder, the following shall be considered, in addition to price:
• The quality of supplies offered;
• The ability, capacity and skill of the bidder to perform the contract or to provide the supplies or services required;
• Whether the bidder can perform the contract or provide the supplies or services promptly, or within the time specified, without delay or interference; • The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or to provide the supplies or service; • The character, integrity, reputation, judgment, experience and efficiency of the bidder;
• The quality of the bidder's performance on previous orders or contracts for the city;
• Litigation by the bidder on previous orders or contacts with the city; • Previous and existing compliance by the bidder with local laws and ordinances relating to the subject of the purchase or contact; • The ability of the bidder to provide future maintenance and service where such maintenance and service is essential.

G. Person: The term “person” means any person, individual, group, association, firm, corporation, partnership, joint venture company, sole proprietorship, or other entity.

H. Predecessor-in-Interest: The phrase “predecessor-in-interest” means a person whose rights, property or assets and/or debts or obligations are acquired or assumed by another person.

I. Principal: The term “principal” means any officer, director, owner, partner, joint venturer, shareholder, responsible managing officer, responsible managing employee or person with primary management or supervisory responsibilities, including any person who has a substantial influence or substantive control over performance of a contract.

J. Public Contract: The phrase “public contract” means any contract, lease, license, agreement, purchase order or lease-purchase agreement that is awarded or entered into by any federal, state or local agency, including the city, or any insurance policy or bond provided in connection with a government public works or construction project, government-sponsored activity or event or privately-sponsored activity or event at a government-owned, operated or controlled facility.

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K. Successor-in-Interest: The term “successor-in-interest” means a person who acquires the rights, property or assets and/or assumes the debts or obligations of another person.

5.62.030 Disqualification: effect.

Notwithstanding any other provision of this code:

A. The Hearing Officer may disqualify or prohibit any person, or any principal, affiliate or successor-in-interest thereof, from bidding upon, soliciting, or being awarded any contract with the city or from being a subcontractor, supplier, insurer or surety at any tier upon such contract, in accordance with the procedures established by this chapter.

B. During the time period that a disqualification pursuant to this chapter is in effect for any person, the city shall not accept bids or proposals from, contract with or allow performance of all or any portion of a city contract including, but not limited to, subcontracts, supply contracts, insurance or surety agreements, by any person who has been disqualified in accordance with this chapter.

C. During the time period that a disqualification of any person by a local, state or federal agency is in effect, the city shall not accept bids, solicitations or proposals from, contract with or allow performance of subcontracts, material or supply contracts, insurance or surety agreements, by such person, whether or not such person has been disqualified by the city pursuant to this chapter.

5.62.040 Notice.

Whenever notice is required to be given under this chapter, it shall be deemed effective on the day such notice is either personally delivered or deposited in the United States Mail, first class postage prepaid and addressed to the last known address of the person to be notified.

5.62.050 Grounds for disqualification.

Disqualification may be imposed on a person by the Hearing Officer in accordance with the procedures established by this chapter on one or more of the following grounds:

A. Commission by such person of any act of:

1. Fraud, bribery, collusion or conspiracy;

2. Bid rigging, price fixing or any other act in violation of any local, state or federal law in connection with the bidding upon, solicitation, award or performance of any public contract; or

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3. Embezzlement, theft, forgery, falsification or fabrication of records, moral turpitude or perjury.

B. Commission of any act indicating a lack of integrity or honesty.

C. Submission of a bid, proposal, insurance policy, bond, guarantee or other document that is known, or should be known, by such person to be false, misleading or nonmeritorious or to contain false information, or is determined to be a deliberate attempt to circumvent the intent of this Chapter.

D. Submission of any false, misleading or nonmeritorious claim, demand or lawsuit against any private party or public agency, including the city.

E. Pending litigation between the person and the city, which could impact the ability of the parties to work cooperatively with each other.

F. Breach of the terms of a public contract by a willful or material failure to perform in accordance with the terms thereof.

G. Violation of a local, state or federal law or regulation applicable to a public contract.

H. Current or past suspension or disqualification from award or performance of a public contract by any local, state or federal agency.

I. Knowingly doing business with a disqualified third person in performance of any public contract awarded after disqualification of said third person.

J. Substandard performance on any public contract, including, without limitation:

1. A material breach thereof;

2. A demonstrated consistent failure to adhere to contractual terms, procedures, or performance requirements, but which may not rise to the level of a material breach;

3. A failure to complete work required thereunder in a timely manner or within the contract price when such failure is attributable to the negligent or wrongful actions or inactions of such person or such person’s subcontractors or suppliers;

4. Substandard quality of work; or

5. Any negligent or wrongful failure to cooperate with the contracting agency during performance of the public contract.

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K. One or more violation during the performance of any public contract of any labor or safety statutes, regulations or standards including, without limitation, applicable local, state or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, nondiscrimination requirements or other local, state or federal laws.

L. Failure to have or maintain in good standing all necessary licenses, permits or other approvals required to transact business within the State of California.

M. One or more violation of any law or regulation governing the handling, transfer, storage or disposal of hazardous materials or hazardous wastes.

N. One or more violation of any law or regulation governing the handling, transfer, storage or disposal of solid waste generated during the performance of such public contract.

O. A violation of any law or regulation governing conflicts of interest.

P. Evidence that the person lacks financial responsibility, such as unpaid debts, unfulfilled insurance or bond obligations or other evidence of financial instability or irresponsibility.

Q. Any other ground that the Hearing Officer determines that would impair the ability of the person to perform a public contract or any part thereof.

5.62.060 Existence of grounds.

A. Existence of grounds for disqualification as described in this chapter may be determined to exist by the Hearing Officer by a preponderance of the evidence if, not more than ten years prior to the date that a written notice of proposed disqualification is provided to such person pursuant to this chapter:

1. Such person has been convicted of a criminal charge for any act or omission described in this chapter, whether entered by a verdict or a plea including a plea of no contest;

2. A civil judgment has been entered against such person for any act or omission described in this chapter;

3. A penalty or sanction including, without limitation, monetary penalties, imprisonment and other sanctions, such as disqualification, has been imposed on such person by a federal, state or local agency for any act or omission described in this chapter; or

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4. Such person has committed one or more acts or omissions described in this chapter, based on a preponderance of evidence in the record of facts and information presented to the Hearing Officer.

B. An act or omission described in this chapter may be imputed to a person who is the subject of a proposed disqualification when such act or omission is committed for or on behalf of such person, and such person had actual or constructive knowledge of such act or omission.

C. In determining whether to disqualify a person and the duration of such disqualification, the Hearing Officer may consider, in addition to any other relevant factors, one or more of the following:

1. The degree to which the person cooperated with local, state or federal authorities in any criminal proceeding forming the basis for disqualification;

2. The degree to which the person provided restitution for any damages or injury occasioned by the person’s acts or omissions;

3. Whether the person had in place adequate and effective standards of conduct and internal control systems at the time of such acts or omissions;

4. Whether the person provided timely notice of such acts or omissions to the appropriate government agency or agencies;

5. Whether the person fully investigated the circumstances surrounding such acts or omissions and promptly provided the city with the result of the investigation;

6. Whether the person took appropriate remedial or disciplinary action against the individuals responsible for such acts or omissions;

7. Whether the person implemented or agreed to implement remedial measures to prevent a recurrence of such acts or omissions including, without limitation, new or revised internal control procedures and other measures recommended, identified or prescribed by any government agency; and

8. Whether the person had adequate time to eliminate or mitigate the circumstances or factors leading to or causing such acts or omissions.

D. The City shall have the initial burden of proof to establish the grounds for disqualification.

5.62.070 Scope of disqualification.

A. Disqualification of a person under this chapter constitutes disqualification of that person from submitting bids or proposals to the city for the purpose of entering into or in

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any manner participating in any city contract, or any part thereof, and shall apply to all individuals, divisions, subsidiaries, affiliates and parent corporations of that person unless the decision to qualify is limited by its terms to one or more specifically identified individuals, divisions, subsidiaries, affiliates, parents or other organizational elements.

B. The disqualification of a person shall apply to any existing affiliate of the person where the affiliate is specifically named and given notice of the proposed disqualification and an opportunity to respond. The disqualification shall also apply to any successor-ininterest or any affiliate of the disqualified person formed during or after the disqualification proceedings.

C. Disqualification of any person shall apply to any business entity, whether or not such business entity was in existence at the time of such disqualification, for which the disqualified person acts as a principal during the disqualification period.

D. The Hearing Officer shall determine the length and scope of the disqualification.

The scope of the disqualification may include disqualification as to certain work, as to general or subcontracting, or any other limitation.

5.62.080 Period of disqualification.

The disqualification period shall be commensurate with the severity of the person’s acts of omissions, as determined by the Hearing Officer. However, disqualification may include a lifetime disqualification of any person or entity, including, but not limited to, their subsidiary, affiliate, officer, shareholder, or other agent.

5.62.090 Disqualification procedures.

A. Prior to disqualifying any person under this chapter, the Hearing Officer shall mail or deliver by personal service a written notice of the proposed disqualification to the person proposed to be disqualified, hereinafter referred to as “respondent.” Such notice shall contain the following:

1. Notice that a disqualification is being considered;

2. The grounds for the proposed disqualification, in terms sufficient to put the respondent on notice of the conduct or action(s) upon which it is based;

3. The intended period of the disqualification;

4. A summary of the disqualification procedures set forth is this chapter; and

5. The name and address of the Hearing Officer to which the respondent may submit a written request for a hearing on the proposed disqualification.

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B. Within fifteen days after personal service or mailing of the notice of the proposed disqualification, the respondent or the respondent’s representative may submit a written request for a hearing on the proposed disqualification. Such written request shall specify the name and address of the person to which all subsequent notices and communications should be mailed. Failure of the respondent or respondent’s representative to submit a written request for a hearing within the time provided by this subsection, or failure of respondent or respondent’s representative to appear at the requested hearing, shall be deemed to be a waiver by respondent of respondent’s right to request a hearing on the proposed disqualification and the Hearing Officer’s decision shall be final.

C. If the respondent requests a hearing in accordance with subsection B of this section, the Hearing Officer shall schedule a hearing at which the respondent or the respondent’s representative shall have an opportunity to provide relevant information and argument, including the presentation and questioning of witnesses, to the Hearing Officer. The Hearing Officer shall provide the respondent with written notice of the time, date, and location of such hearing, which shall be held no sooner than five (5) days from the date of such notice.

D. The formal rules of evidence shall not apply during the hearing. The Hearing Officer may admit into evidence all relevant evidence, including the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.

E. The proceedings at the hearing may be tape-recorded if ordered by the Hearing Officer or requested by the respondent. A stenographer shall also transcribe the proceedings if ordered by the Hearing Officer or requested by the respondent, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to the respondent upon request and upon payment of the cost of preparation thereof.

F. Following the hearing, the Hearing Officer shall render a decision on the proposed disqualification. The decision shall be in writing and shall specify the reasons therefor. If the Hearing Officer upholds the disqualification, the notice of decision shall specify the length of the disqualification period and notify the respondent of his or her right to appeal the decision pursuant to subsection G, below.

G. The respondent shall have ten days from the date of the Hearing Officer’s decision to appeal the decision to the City Manager. The appeal shall be in writing and shall be received by the City Manager by the close of business not later than the tenth day following the date of the Hearing Officer’s decision except that, if such date falls on a Saturday, Sunday or city holiday, the appeal period shall be extended to the close of business on the next regular business day.

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5.62.100 Appeal to the City Manager.

A. Upon the timely receipt of an appeal, the Hearing Officer’s decision shall be abated and the City Manager shall schedule a time at which the respondent or the respondent’s representative shall meet with the City Manager to explain why the Hearing Officer’s decision should be set aside or modified.

B. Evidence or testimony not previously presented to the Hearing Officer shall not be permitted at the meeting unless the City Manager determines, in his or her sole discretion, that the interest of justice requires the consideration of such new evidence or testimony.

C. If ordered by the City Manager, the proceedings may be tape-recorded or transcribed in the manner described in the prior section.

D. At the conclusion of the meeting, the City Manager shall render a decision to uphold, modify, or set aside the Hearing Officer’s decision and shall provide written notice of the decision to the respondent or the respondent’s representative. If the City Manager determines to uphold the Hearing Officer’s decision to disqualify the respondent, the disqualification period shall commence from the date of the City Manager’s decision.

E. The City Manager’s decision shall be final, except a review as provided in the following Section. Any appeal of the City Manager’s decision shall be made to the Superior Court within ten days from the date of the City Manager’s decision.

5.62.110 Review of decision.

A. The City Manager or Hearing Officer’s decision to disqualify a person as provided herein may be modified or vacated by the City Manager or Hearing Officer, as the case may be, if, in his or her sole judgment, good cause exists for such modification or vacation. Good cause for review may be based on one or more of the following reasons:

1. Newly-discovered, material evidence not previously available to the parties.

2. Final, judicial reversal of a conviction or civil judgment upon which the disqualification was based.

3. A bona fide change in ownership or management of the respondent’s business.

4. Elimination of the grounds upon which the disqualification was based.

B. The respondent shall have no right of review by the City Manager or Hearing Officer. Such review shall be at the City Manager or Hearing Officer’s sole discretion.

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C. A request for review shall be submitted by the respondent or the respondent’s representative in writing and shall be accompanied by competence evidence in support thereof. Upon receipt of the request, the City Manager or Hearing Officer, as the case may be, shall respond within a reasonable period of time as to whether the decision will be reviewed. The City Manager or Hearing Officer’s denial of such request shall be nonappealable and not subject to judicial review.

D. If the City Manager or Hearing Officer agrees to review the decision, he or she shall render a written decision within a reasonable time thereafter. The decision shall be final and delivered to the respondent or respondent’s representative.

5.62.120 Requirement to submit information.

The city may require any person submitting a bid or proposal on a city contract to submit the following as part of such bid or proposal:

A. A statement under penalty of perjury, that neither such person, including any principal, affiliate or predecessor-in-interest of such person, nor any subcontractor, supplier or surety engaged or to be engaged by the person:

1. Is currently disqualified or has been disqualified at any time during the preceding ten years, from submitting a bid or proposal on a contract by any federal, state or local agency.

2. Has, at any time during the preceding ten years, been convicted of any offense, been subject to a civil judgment or been subject to a penalty or sanction by any federal, state or local agency for any act or omission described in this chapter.

B. Any other information or documentation deemed necessary to determine the person’s eligibility to submit a bid or proposal on a city contract.

5.62.130 Doing business with a disqualified person.

In performance of any city contract, no person having actual or constructive knowledge shall utilize the services of any person who is currently disqualified pursuant to this chapter. No person having actual or constructive knowledge shall use or list, in any bid or proposal for a city contract, any subcontractor, supplier, insurer or surety who is currently disqualified pursuant to this chapter. Violation of this section may result in rejection of the bid or proposal, nonpayment by the city for work performed by such person, annulment of award or termination of an award of contract, issuance of a stop work order, disqualification from submitting future bids or proposals on city contracts, or any other remedy provided by law.

A person who uses or lists a disqualified subcontractor, supplier, insurer or surety without having actual or constructive knowledge of such disqualification shall be allowed

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to substitute the disqualified subcontractor, supplier, insurer or surety in accordance with State law or, if not applicable, the provisions of the contract governing contract changes.

5.62.140 Existing contracts.

A. The city shall not renew or extend the term of any contract(s) with any person who is disqualified in accordance with this chapter, or who utilizes the services of any supplier, subcontractor, insurer or surety who is disqualified in accordance with this chapter, unless the City Manager determines that such renewal or extensions is in the best interest of the city.

B. Notwithstanding the disqualification of any person, the city may, at its sole option, elect to continue a contract in existence at the time the person is disqualified, unless the City Manager determines that termination of such contract is in the best interest of the city.

5.62.150 List of disqualified persons.

A. The City Manager shall maintain a list of all persons who are currently disqualified by the city pursuant to this chapter and the effective dates of such disqualification. Such list shall not include a person disqualified by another local agency or the state or federal government unless the person has been disqualified by the city under this chapter.

Such list shall be filed with the City Clerk, who shall make the list available for public inspection and copying during regular business hours and in accordance with the California Public Records Act.

B. Such list shall be deemed to be constructive notice as to the persons who have been disqualified from submitting bids or proposals on city contracts or who are ineligible to participate in such contracts.

SECTION 2. The City Council hereby finds that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that the adoption of the ordinance is not a project that may have a significant effect on the environment.

SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

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SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the XX day of XXXX, 2022.

TERRY A. SAYRE, MAYOR
ATTEST:

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

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Staff Report
Meeting: City Council
Date: September 5, 2023
Department: Engineering Services - Project Management
Submitted by: City Engineer Michael Miller
Agenda Title: PK0033 Zumwalt Park Renovation Project

RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to the construction of City Project PK0033 to renovate Zumwalt Park; authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised project sheet.

Task Description Contractor Amount

1. Construction
Contractor
Caliber Contracting Services, Inc. of Fresno, CA $11,964,000

2. Construction
Management &
Inspection
4Creeks of Visalia, CA $596,570

3. Materials Testing Krazan & Associates of Clovis, CA $29,765

4. Construction
Surveying
Lane Engineers of Tulare, CA $67,700

5. Labor
Compliance
Silvera Consulting of Galt, CA $31,780

SUMMARY
Capital Improvement Project No. PK0033 will renovate Zumwalt Park, activating what is currently a passive park space by creating a regional destination serving the entire community with new recreational and entertainment opportunities. Through the new amenities that will be added, it is anticipated that Zumwalt Park will become a driving force for the redevelopment and revitalization of Downtown Tulare. The work to be performed by this project includes demolition of the existing restroom building, existing hardscape, site furnishings, and select landscaping and trees to make room for the new improvements. These new improvements will include a new amphitheater building and stage with tiered seating, concrete flatwork, lighting and landscaping improvements, a playground, a splash pad, an expanded restroom building, fencing, signage, and on-site utility improvements. Under the recommended full-build out with alternatives, the existing gazebo will be renovated to include new roofing and address electrical deficiencies and ADA accessibility improvements. Additionally, an LED digital marquee sign would be included with the amphitheater improvements. Off-site improvements will consist of new curb, gutter, sidewalk, and striping along the west side of "N" Street, and along the north side of Kern Avenue. This project was included and approved as a part of the City’s 2023-2028 CIP program budget.

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services from the City’s list of on-call consultants. The following contracts are recommended for award:

1. Construction Contract: Caliber Contracting Service Inc.

On August 10, 2023, two (2) bids were opened for the Request for Bids #23-783, Zumwalt Park Renovation Project. Bid opening results are attached. The project sheet for the Zumwalt Park Renovation in the 2023-2028 CIP Budget adopted by Council on June 20, 2023, included an estimated construction cost of $8,359,169. Upon finalization of the plans and specifications for the project, the Architect revised the estimated construction cost upwards to $8,898,468. Bids ranged in cost from $11,649,000 - $13,935,000. The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents. While bids received are significantly higher than the Architect’s estimate, this appears to be consistent with current construction costs trends being observed throughout the state and nation.

Inflation, labor shortages, and significant supply chain issues in the building industry are driving higher than expected costs.

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on a time and materials basis, not to exceed $586,570, 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.

3. Material Testing: Krazan & Associates
During constructing of improvements associated with this project, it will be necessary to perform materials testing to ensure compliance with City standards. Material testing services including laboratory testing are outside the capabilities of the City.

Silvera Consulting of Galt, CA is included on the list of pre-qualified On-Call Labor Compliance Monitoring 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. Labor Consultants of California has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $31,780, 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.

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FISCAL IMPACT & FUNDING SOURCE(S)
Fund 028 – ARPA Federal Grant - $5,000,000
Fund 390 – Parks DIF Funds - $5,000,000
Fund 601 – General Fund CIP - $5,156,227

LEGAL REVIEW
Subsequent contract approval to be reviewed by City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – Staff will implement Council’s direction regarding changes to the recommended alternative, such as deletion of bid alternatives or negotiation of deductive change orders following award of a construction contract.

2. Deny – Council could elect to reject all bids received for the project, direct staff to revise the project plans and specifications to reflect a reduced scope, and direct that the revised project be re-bid.

3. Table – Council decided to postpone the proposed project the City could readvertise at a later date. Depending on the timelines associated with funding.

ATTACHMENTS

1. Construction Bid Summary

2. Construction Bid Proposal – Caliber Contracting Services Inc. (Low bidder)

3. Construction Management / Inspection Proposal – 4Creeks

4. Materials Testing Proposal – Krazan and Associates

5. Construction Surveying Proposal – Lane Engineers

6. Labor Compliance Proposal – Silvera Consulting

7. Revised Project Sheet
Reviewed/Approved:

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August 18, 2023
Dylan Chimienti
City of Tulare
411 East Kern
Tulare, CA 93274
Re: Labor Compliance Monitoring Services
Zumwalt Park Renovation Project
Dear Mr. Chimienti,
Silveira Consulting appreciates the opportunity to submit a price proposal for the Zumwalt Park Renovation Project. We are very much looking forward to this opportunity to work with the City of Tulare and your team.

It is my understanding that this project will be a 365 calendar day construction effort. The construction value of this project is estimated to be $8.8 million per the Contract Documents and will begin in the Fall of 2023. Funding for the project federal funding which triggers the federal Davis-Bacon requirements in unison with the state requirements.

Our efforts will be to monitor all aspects of labor compliance to alleviate the burden of this scope from the City’s staff. Enclosed please find our scope and proposed fee. Should you have any questions, please do not hesitate to contact me directly.

Thank you for again for the opportunity.

Sincerely,
Jamie Silveira, President

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Exhibit A

SCOPE OF SERVICES
Consultant Service Agreement between City of Tulare ("City") and Silveira Consulting, Inc. ("Consultant")
Project: Zumwalt Park Renovation Project
Based on the funding source for the above mentioned project, the State of California Public Works requirements and federal Davis-Bacon requirements will be required. With that being said, Silveira Consulting recommends the below scope of work to ensure complicit compliance across the board.

1. Verify the appropriate state prevailing wage determinations and contractor licensing and registration per the California Labor Code.

2. Develop and issue training package for distribution at the pre-job conference.

3. Participate in pre-job conference with contractors and subcontractors – ensuring they understand their responsibilities to both the general contractor and the City.

4. Provide labor compliance resources to the contractor and subcontractors for state requirements throughout the life of the project.

5. Receive by US Mail and track contractors’ certified payroll records through our in-house tracking program. Including verification that certified payroll has been submitted to the State per the requirements of Labor Code Section 1771.4 (a) (3).

6. Review contractors’ payment of applicable prevailing wage rates and fringe benefits, along with other state requirements to ensure compliance with the State and federal reporting requirements.

7. Track and verify apprentice worker’s registration in approved State of California Apprenticeship Programs. Ensure compliance with federal apprenticeship requirements.

8. Monitor construction site for prevailing wage rates and worker classifications through monthly site visits and worker interviews. Also, ensure state and federal jobsite postings are current and workers have access to postings and project wage determinations. Compare site visit data and certified payroll data for inconsistencies.

9. Fulfill Public Records Act (PRA) requests for assurance of redaction policies when requested by the City.

10. Provide Monthly Status Report to the City detailing status of Labor Compliance Activities.

11. Notify contractor and subcontractors of any missing or deficient labor compliance documentation as applicable.

12. Notify contractor and subcontractors of any violations pertaining to the review of the submitted documentation and or site visit notations.

13. Investigate missing and deficient documentation or violations as they pertain to state and federal requirements.

14. Prepare audit identifying violations and recommended restitution amounts owed to affected worker(s).

15. Assist the City in preparation of formal complaints to be sent to Department of Industrial Relations, Division of Labor Standards Enforcement (DIR/DLSE) and DOL, if necessary.

16. Recommend to client withholding contract payments for noncompliance, as necessary.

17. Post Construction/Close-out Review consisting of preparing the labor compliance files for project closeout.

8.3 General Business Page 50

Page 2 of 3 ends

SCHEDULE OF FEES AND EXPENSES
Project Fee
In review of the project funding source and the detailed information provided by the City regarding the Zumwalt Park Renovation Project.

Silveira Consulting respectfully submits the following fixed fee Not to Exceed amount of $31,780.00, which reflects our services as noted in the scope of work (Exhibit A) with an anticipated construction start of September of 2023
Level of Effort
Pre-Construction Tasks Monthly
Hours
# of
Months
Hourly
Rate
Overall
Cost
Labor Compliance Officer 8 1 $115.00 $920
Labor Compliance Analyst 1 1 $80.00 $80
Labor Compliance Field Investigator** 0 1 $95.00 $0
Total $1,460.00
Construction Tasks Monthly
Hours
# of
Months
Hourly
Rate
Overall
Cost
Labor Compliance Officer 8 12 $115.00 $11,040
Labor Compliance Analyst 8 12 $80.00 $7,680
Labor Compliance Field Investigator** 8 12 $95.00 $9,120 Total $27,840
Post-Construction Tasks Monthly
Hours
# of
Months
Hourly
Rate
Overall
Cost
Labor Compliance Officer 8 1 $115.00 $920
Labor Compliance Analyst 8 1 $80.00 $640
Labor Compliance Field Investigator** 0 1 $95.00 $0
Total $2,480
TOTAL: $31,780
** Please note that all travel miles will be billed at the current federal mileage reimbursement amount. The current amount is: $.655 per mile.

Please note the above fee includes all labor, equipment, materials, transportation, overhead, profit, insurance, sale and other taxes, licenses, incidentals, and all other related costs necessary to meet the work requirements.

8.3 General Business Page 51
Prior Years
Remaining
Year 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028
Costs Description
010 -Conceptual $98,000 $0 $0 $0 $0 $0 $0 $98,000 $0
0202 - Engineering $98,000 $0 $0 $0 $0 $0 $0 $98,000
020 - Preliminary Design $0 $0 $0 $0 $0 $0 $0 $0 $0
030 - Environmental $0 $0 $0 $0 $0 $0 $0 $0 $0
0998 - Development Services Time $0 $0 $0 $0 $0 $0 $0 $0 0999 - Contingency $0 $0 $0 $0 $0 $0 $0 $0
040 - Final Design $713,057 $0 $0 $0 $0 $0 $0 $713,057 $0 0200 - Professional Services/Consultant $701,910 $0 $0 $0 $0 $0 $0 $701,910 0996 - Project Management Time $7,188 $0 $0 $0 $0 $0 $0 $7,188 0998 - Development Services Time $3,959 $0 $0 $0 $0 $0 $0 $3,959 050 - Construct/Implement $0 $0 $14,345,170 $0 $0 $0 $0 $14,345,170 $0 0203 - Construction Management $0 $0 $586,570 $0 $0 $0 $0 $586,570 0204 - Materials Testing $0 $0 $239,280 $0 $0 $0 $0 $239,280 0205 - Labor Compliance $0 $0 $59,820 $0 $0 $0 $0 $59,820 0207 - Construction Surveying/Staking $0 $0 $179,460 $0 $0 $0 $0 $179,460 0601 - Construction Costs $0 $0 $11,964,000 $0 $0 $0 $0 $11,964,000 0996 - Project Management Time $0 $0 $119,640 $0 $0 $0 $0 $119,640 0998 - Development Services Time $0 $0 $0 $0 $0 $0 $0 $0 0999 - Contingency $0 $0 $1,196,400 $0 $0 $0 $0 $1,196,400 060 - Close Out $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Costs: $811,057 $0 $14,345,170 $0 $0 $0 $0 $15,156,227 $0 Fiscal Year
Total Unfunded
PROJECTED END DATE: 9/30/2024
FUTURE M & O:
(Additional Cost & Department Responsibility)
Additional annual maintenance costs will be incurred associated with new facilities added to Zumwalt Park, which include the amphitheater, playground and splash pad.

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

KEY POINTS: ARPA funds will be used. Salaries will only be charged at hard costs no overhead will be charged due to the federal funds being used.

PROJECT STATUS: Underway
PROJECTED START DATE: 9/18/2023
PROJECT DESCRIPTION & PURPOSE: Redevelop Zumwalt Park to include an Amphitheater, Playground and Splashpad. 2023 - 2028 CIP Parks
PROJECT #: PK0033
Zumwalt Park Redevelopment
(Capital)
(Capital)
District(s): 1, 2, 3, 4, 5
PROJECT MANAGER: Michael Miller
28 8.3 General Business Page 52 ATTACHMENT 7
Funding Sources
Fund 028 - ARPA Federal Grant $0 $0 $5,000,000 $0 $0 $0 $0 $5,000,000 $0 Fund 390 - Parks DIF Funds $0 $0 $5,000,000 $0 $0 $0 $0 $5,000,000 $0 Fund 601 - General Fund CIP $0 $0 $5,156,227 $0 $0 $0 $0 $5,156,227 $0 Total Funding: $0 $0 $15,156,227 $0 $0 $0 $0 $15,156,227 $0 G/L #'s:

Notes:
623-4623-????
Caliber Construction full bid scenario. Includes bid alternatives for existing gazebo refurbishment and LED Marquee sign.
29 8.3 General Business Page 53 ATTACHMENT 7
City of Tulare
Agri-Center of the World

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.

NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE

ITEM TITLE

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #: 9.1
Future Agenda Items
Dennis A. Mederos 8/25/2023 9/5/2023
Analyze and review street parking ordinance
It is my understanding that Code Enforcement has had issues regarding compliance due to the manner in which residents have been able to manipulate the rules in order to avoid complying with the spirit of the Ordinance. Some will slightly move their car, RV, boat and/or 5th wheel to avoid storing the vehicle like others. This conduct encourages others to act the same way and can create a hazard in the street. My request is to have this matter placed on a future Agenda for staff’s recommendation to modify the Ordinance in order to make it tougher under the circumstances and assist Code Enforcement in that regard.

Tulare City CouncilSeptember 5, 2023

Tulare City Council
September 5, 2023