City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, May 21, 2024
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 Tuesday, May 21, 2024 City of Tulare Page 2
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE AND INVOCATION - Micah Thiesen, Senior Pastor of Tulare Evangelical Free Church, to deliver an invocation.
3. PROCLAMATIONS & RECOGNITIONS
3.1 Proclamation for International Firefighter’s Day, May 4, 2024.
3.2 Proclamation for Emergency Medical Services Week, May 19-25, 2024.
3.3 Recognition to Momentum Dance Academy Dance Team.
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 and 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 fifteen minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849.
5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten 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 Minutes of the Regular and/or Special Meeting on May 7, 2024.
Recommended Action: Approve as submitted. [M. Hermann]
7.3 Notice of Completion for Project PK0038.
Recommended Action: Accept as complete the contract with JT2 Inc. DBA Todd Companies of Visalia, CA for work on Project PK0038 - Prosperity Sport Basketball Courts; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Powers]
City Council Agenda – Regular Meeting Tuesday, May 21, 2024 City of Tulare Page 3
7.4 Rejection of Claim - Estate of Nelva Beltran Sanchez.
Recommended Action: Reject the liability claim for damages filed on May 6, 2024, by Attorney Justin Farahi on behalf of claimant Estate of Nelva Beltran Sanchez, FR102099/22815. [S. Oneal]
7.5 Rejection of Claim - Rosa Isela Sanchez.
Recommended Action: Reject the liability claim for damages filed on May 6, 2024, by Attorney Justin Farahi on behalf of claimant Rosa Isela Sanchez, FR102099/22816. [S. Oneal]
7.6 Amendment to Contract with RSG.
Recommended Action: Approve amendment to contract with RSG for consulting services associated with administration of American Rescue Plan Act (“ARPA”) funding; and adopt a resolution to reallocate $25,000 from the ARPA Marketing and Social Media category to the ARPA Consultant category. [M. Gaboardi]
7.7 Accept Grant from the U.S. Economic Development Administration.
Recommended Action: Adopt a resolution authorizing the City Manager or designee to accept a grant award in the amount of $600,000 from the U.S. Economic Development Administration; authorizing the City Manager or designee to execute all necessary grant documents; and authorizing the appropriation of funding necessary to the corresponding revenue budget for the purchase of equipment and supplies for the City of Tulare’s Business Accelerator’s Maker Space. [T. Myers]
7.8 Consolidated Rail Infrastructure and Safety Improvements Program Grant.
Recommended Action: Adopt a resolution authorizing the City of Tulare to apply for a Federal Railroad Administration’s 2025 Consolidated Rail Infrastructure and Safety Improvements Program grant for proposed improvements to the Union Pacific Railroad at-grade crossings of Prosperity Avenue, San Joaquin Avenue, and Cross Avenue; and designate the City Manager or designee as the individual authorized to execute all grant documents on behalf of the City. [M. Miller]
8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council.
8.1 Tulare Downtown Master Plan Update.
Recommended Action: Adopt the Tulare Downtown Master Plan Update dated April 16, 2024; and authorize staff to move forward with implementation of the final Master Plan Update considering City Council and public input received during the public review of the Draft Plan. [T. Myers]
8.2 Construction Contracts for Project PK0037.
Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to the construction of Project PK0037 K9 Bane Dog Park; authorize the City Manager or designee to approve contract change orders in the amount not to exceed 10% of each contract amount; and approve the revised project sheet.
City Council Agenda – Regular Meeting Tuesday, May 21, 2024 City of Tulare Page 4
Task Description Contractor Amount
1. Construction
Contractor
Caliber Contracting Services Inc. of Fresno,
CA
$1,287,000
2. Material Testing Smith-Emery of Fresno, CA $23,116
3. Construction Survey Provost & Prichard of Visalia, CA $17,000
4. Labor Compliance Labor Consultants of California of Hanford, CA
$8,925
8.3 Transit Representative Nomination to TCAG Board.
Recommended Action: Select a councilmember to be considered for nomination for the Transit Representative position on the Tulare County Association of Governments Board of Directors. [M. Mondell]
9. FUTURE AGENDA ITEMS
9.1 Designation of City Intersection as “Dolores Huerta Square.” Submitted by: Councilmember Sigala
Recommended Action: Review and either direct staff to add to a future agenda or take no action.
9.2 Completion, Striping, and Painting of Bicycle Lanes in District 1.
Submitted by: Councilmember Sigala
Recommended Action: Review and either direct staff to add to a future agenda or take no action.
10. STAFF UPDATES
11. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, June 4, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.
AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).
POSTED: Friday, May 17, 2024
Melissa Hermann, Chief Deputy City Clerk
OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: May 21, 2024 Agenda Memo
Date: May 17, 2024
Time estimates are provided in this agenda memo 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. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
7:00 p.m. - REGULAR MEETING
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE AND INVOCATION - Micah Thiesen, Senior Pastor of Tulare Evangelical Free Church, to deliver an invocation.
3. PROCLAMATIONS & RECOGNITIONS [7:05-7:20 p.m.]
3.1 Proclamation for International Firefighter’s Day, May 4, 2024.
3.2 Proclamation for Emergency Medical Services Week, May 19-25, 2024.
3.3 Recognition to Momentum Dance Academy Dance Team.
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 fifteen minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. [Time Estimate: 7:20-7:35 p.m.]
5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten 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. [Time Estimate: 7:35-7:35 p.m.]
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Agenda Memo - May 21, 2024
6. COUNCIL REPORTS AND ITEMS OF INTEREST [7:35-7:40 p.m.]
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. [7:40-7:50 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 Minutes of the Regular and/or Special Meeting on May 7, 2024.
Recommended Action: Approve as submitted. [M. Hermann]
7.3 Notice of Completion for Project PK0038.
Recommended Action: Accept as complete the contract with JT2 Inc. DBA Todd Companies of Visalia, CA for work on Project PK0038 - Prosperity Sport Basketball Courts; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Powers]
Summary: On January 18, 2022, City Council authorized staff to apply for grant funds from the State of California via Prop 68 – Per Capita Grant Program in the amount of $177,952.00 for the construction of basketball courts at Prosperity Sports Park. The City match for the grant was anticipated to be $44,488. The project had been recommended to the City Council by the Tulare Parks and Recreation Commission on June 8, 2021. The Per Capita Grant Program funds are available for local park rehabilitation, creation, and improvements. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure, and to address underserved neighborhoods with regard to outdoor recreational opportunities.
Previously, there was a single basketball court at Prosperity Sports Park that was in poor condition. City staff prepared plans and specifications for construction of two basketball courts, with one of the courts intended as a replacement for the existing one. The base project was for a single, new basketball court to be placed adjacent to the existing one. An “Additive Alternative” was included for construction of a second basketball court to replace the existing one. This was to provide the City with the option to have a lower cost base bid should construction of two courts prove to be cost-prohibitive. In addition to the basketball courts, the scope of work also included sidewalk, irrigation, drainage, and electrical improvements necessitated by the project.
The City received one bid for the project from JT2 Inc. DBA Todd Companies of Visalia, CA. The bid was reviewed and deemed to be responsive to the requirements of the Request for Bids (RFB). On August 1, 2023, Council awarded a contract to JT2 Inc. in the amount of $317,250 for construction of the project. At this time, all work and contractual obligations required of JT2 Inc. have been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount. A summary of final contract costs is as follows:
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Agenda Memo - May 21, 2024
Original Contract Award $317,250.00
Contract Change Orders $8,817.00
Final Construction Contract Cost $326,067.00
Fiscal Impact & Funding Source(s): The Project was partially funded through the State of California Per Capita Grant Program in the amount of $177,952.00. The remaining City cost share in the amount of $148,115 is funded through Parks Development Impact Fees.
PK0038-050-0601
Fund 390 – Parks DIF $148,115.00
Fund 601 – State Per Capita Grant $177,952.00
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes - Staff will incorporate changes directed by City Council; 2) Deny - Should Council deny the request to accept as complete the contract with the Todd Companies at this time, it will prevent the City from releasing payment of the retention amount owed to the Contractor and prevent the City from filing a notice of completion with the County. This action would also postpone the start of the 1-year maintenance bond period for the project. Without specific written findings of the justifications of delaying payment, such action could open the City up to litigation for damages caused by delay; or 3) Table - The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractor interest on monies withheld. Postponement of notice of completion ties up the Contractors bonding capacity, preventing them from bidding on alternate projects. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by delay.
7.4 Rejection of Claim - Estate of Nelva Beltran Sanchez.
Recommended Action: Reject the liability claim for damages filed on May 6, 2024, by Attorney Justin Farahi on behalf of claimant Estate of Nelva Beltran Sanchez, FR102099/22815. [S. Oneal]
Summary: On May 6, 2024, Attorney Justin Farahi filed a claim for damages on behalf of the Estate of Nelva Beltran Sanchez. The claim is relating to pedestrian, Nelva Beltran Sanchez, who succumbed to her injuries after being struck by an unidentified vehicle on November 28, 2023, on Avenue 8 in Richgrove, Tulare County, California. The claim asserts the substantial factors contributing to the incident were the absence of adequate lighting, safety warning signs, traffic control devices, and crosswalks on this 55-mph roadway that alleges is under the control of the City of Tulare. The claim is an unlimited civil case exceeding $20,000,000 in General Damages and $30,000,000 in Special Damages.
Richgrove is an unincorporated town in Tulare County, California. The City of Tulare does not have control of this roadway that is located over 35 miles away.
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Agenda Memo - May 21, 2024
The claim has been filed with the Central San Joaquin Valley Risk Management Authority (RMA), and they have recommended that the claim be rejected and staff be directed to notify the claimant’s attorney through a Notice of Rejection of Claim.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: Reviewed by the RMA Attorney and City Attorney.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
7.5 Rejection of Claim - Rosa Isela Sanchez.
Recommended Action: Reject the liability claim for damages filed on May 6, 2024, by Attorney Justin Farahi on behalf of claimant Rosa Isela Sanchez, FR102099/22816. [S. Oneal]
Summary: On May 6, 2024, Attorney Justin Farahi filed a claim for damages on behalf of Rosa Isela Sanchez. The claim is relating to pedestrian, Nelva Beltran Sanchez, who succumbed to her injuries after being struck by an unidentified vehicle on November 28, 2023, on Avenue 8 in Richgrove, Tulare County, California. Mrs.
Rosa Isela Sanchez is the mother and heir of the deceased, Nelva Beltran Sanchez.
The claim asserts the substantial factors contributing to the incident were the absence of adequate lighting, safety warning signs, traffic control devices, and crosswalks on this 55-mph roadway that alleges is under the control of the City of Tulare that caused the death of her daughter. The claim is an unlimited civil case exceeding $20,000,000 in General Damages and $30,000,000 in Special Damages.
Richgrove is an unincorporated town in Tulare County, California. The City of Tulare does not have control of this roadway that is located over 35 miles away.
The claim has been filed with the Central San Joaquin Valley Risk Management Authority (RMA), and they have recommended that the claim be rejected and staff be directed to notify the claimant’s attorney through a Notice of Rejection of Claim.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: Reviewed by the RMA Attorney and City Attorney.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
7.6 Amendment to Contract with RSG.
Recommended Action: Approve amendment to contract with RSG for consulting services associated with administration of American Rescue Plan Act (“ARPA”) funding; and adopt a resolution to reallocate $25,000 from the ARPA Marketing and Social Media category to the ARPA Consultant category. [M. Gaboardi] Summary: The purposes of this item are to extend the services currently provided by RSG and to reallocate associated funds. The City and RSG entered into an Tulare City Council Page 5
Agenda Memo - May 21, 2024
agreement for as-needed consulting services effective January 1, 2022. It is necessary to continue these services and RSG has agreed to extend the agreement through the end of calendar year 2024 at existing rates for an additional amount not to exceed $25,000; total amended contract not to exceed $75,000. There are sufficient ARPA marketing funds to cover this activity. Staff will present a full reporting of ARPA funds at a future meeting.
Fiscal Impact & Funding Source(s): Source: American Rescue Plan Act Marketing and Social Media – Category 1.7; Account: 028-4145-5202. Use: American Recovery Plan Act – ARPA Consultant – Category 7.1; Account: 028-4145-5201.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the contract amendment is not approved, we will no longer have consulting services for this funding source.
7.7 Accept Grant from the U.S. Economic Development Administration.
Recommended Action: Adopt a resolution authorizing the City Manager or designee to accept a grant award in the amount of $600,000 from the U.S. Economic Development Administration; authorizing the City Manager or designee to execute all necessary grant documents; and authorizing the appropriation of funding necessary to the corresponding revenue budget for the purchase of equipment and supplies for the City of Tulare’s Business Accelerator’s Maker Space. [T. Myers] Summary: On or about July 19, 2023, the City of Tulare submitted an application for grant funding to the U.S. Economic Development Administration under their Economic Adjustment Assistance Program (EAA Program). The EAA Program provides support to communities that are needing to advance economic growth through job creation, promotion of small businesses, and workforce development.
The City’s Application sought grant funding to support the purchase and delivery of essential specialized trade equipment to be housed in the City’s Business Accelerator.
An integral part of the success of the Accelerator will be the development of a “Maker Space” inside the new facility to support the business owners and job training opportunities by:
• Providing resident businesses through their lease payments with the space, machinery, and equipment necessary to help with product development and prototyping prior to going to market.
• Providing citizens through membership dues with space, machinery, and equipment necessary to help with concept development.
• Providing job training and instruction to young adults on how to design and produce a product.
On May 7, 2024, staff received notification the EDA has chosen to fund the City of Tulare Business Accelerator Maker Space project in the sum of $600,000 matched by Tulare City Council Page 6
Agenda Memo - May 21, 2024
local investment of $210,000. EDA specific grant award conditions required the City to participate in a Non-Federal Match Share contribution for eligible project expenses in proportion to the Federal Share requested for such expenses. Generally, the EDA investment rate will be at 50% but EDA may fund up to 80% of the total project costs based upon the relative needs of the region. EDA made the determination to fund approximately 75% of the City’s total estimated financial need for the Maker Space equipment and supplies.
The award time period runs from May 1, 2024, through March 31, 2025, at which time staff will be required to submit final reporting to the EDA evidencing the purchase of the equipment. In interim, staff will be required to provide the following updates to the EDA:
o The first reporting deadline of September 2024 will provide a status of the where the City is at with the purchase of the equipment.
o The final report in March 2025, will confirm all equipment has been purchased, the City will provide evidence of such along with proof of matching funds used and request reimbursement from EDA.
o During these reporting periods, the City will update EDA on the parallel efforts of the Accelerator to create jobs working with regional partnerships, outreach efforts on the inclusion of minority/underserved workforce populations, etc.
Fiscal Impact & Funding Source(s): EDA specific grant award conditions required the City to participate in a Non-Federal Match Share contribution in the sum of $210,000. By accepting of the Award, the City of Tulare certifies that the Matching Share of the project costs is committed to the project, is not encumbered in any way that would prevent its use for the project and will be available as needed for the project.
Legal Review: The City Attorney’s Office has reviewed the applicable Specific Grant Conditions along with any documentation to be executed to grant EDA a security interest in all equipment acquired using grant funding.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
7.8 Consolidated Rail Infrastructure and Safety Improvements Program Grant.
Recommended Action: Adopt a resolution authorizing the City of Tulare to apply for a Federal Railroad Administration’s 2025 Consolidated Rail Infrastructure and Safety Improvements Program grant for proposed improvements to the Union Pacific Railroad at-grade crossings of Prosperity Avenue, San Joaquin Avenue, and Cross Avenue; and designate the City Manager or designee as the individual authorized to execute all grant documents on behalf of the City. [M. Miller] Summary: In 2020, the City of Tulare applied for and received funding through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program administered by the Department of Transportation, Federal Railroad Administration (FRA) for CIP Project EN0093 – Prosperity and J Street Improvements. This project Tulare City Council Page 7
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would construct safety improvements at the Union Pacific Railroad (UPRR) crossing on Prosperity Avenue, and associated traffic signal improvements at the intersection of Prosperity Avenue and J Street.
As Project EN0093 neared completion of its final design, UPRR identified additional impacts that would result from the project affecting its adjacent crossings at San Joaquin Avenue and Pleasant Avenue. Specifically, proposed changes to the preemption equipment at the Prosperity Avenue crossing could not occur without creating a separate preemption circuit from the one it currently shares with the adjacent crossings. Additionally, modifications affecting the adjacent crossings would trigger further crossing safety improvements at those locations. The additional scope of work identified has an estimated design and construction cost of $4,256,854. The City currently does not have the funding necessary to complete Project EN0093 with the additional improvements identified by UPRR.
FRA is currently soliciting applications for the latest round of funding through the CRISI Program. As with the prior CRISI grant received for Project EN0093, the maximum Federal share of the total costs of the project would be 80%. Staff from FRA has encouraged the City of Tulare to apply for a second grant to help cover the costs associated with the additional improvements identified by UPRR in an effort to avoid having the original grant funded project fail. With the estimated additional design and construction cost of $4,256,854, a successful application would provide additional federal funding in the amount of $3,405,483. The City’s local match would be $851,371. The following table shows grant funding scenarios for the existing project and the proposed project:
Scenario Eligible Costs Federal Share (CRISI) Local Match Existing Project $2,800,000 $2,240,000 $560,000
Additional Improvements $4,256,854 $3,405,483 $851,371
Revised Total Project $7,056,854 $5,645,483 $1,411,371
Fiscal Impact & Funding Source(s): Eligible construction costs associated with Project EN0093 were originally funded through a CRISI Program grant (80%) and gas tax revenues (20%). Should the City apply for a second CRISI Program grant and be successful, eligible construction costs for revised Project EN0093 would be funded through CRISI Program grant funds (80%), and a yet to be determined combination of local transportation funds. It is anticipated that the local transportation funds would be partially comprised of the gas tax revenues programmed for the original project.
EN0093 (Eligible Construction Costs)
Fund 122 – Gas Tax (RMRA) SB1 $ 560,000.00
Fund 993 – CRISI Federal Grant $5,645,483.00
Fund TBD – Additional Local Match $ 851,371.00
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request, staff will not proceed with submittal of an application for additional CRISI Tulare City Council Page 8
Agenda Memo - May 21, 2024
grant funding for Project EN0093. This would result in cancellation of the project due to lack of adequate funding to accommodate the revise scope identified by UPRR; or 3) Table - Should Council deny the request, staff will not proceed with submittal of an application for additional CRISI grant funding for Project EN0093. This would result in cancellation of the project due to lack of adequate funding to accommodate the revise scope identified by UPRR.
8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by the Council. [7:50-8:50 p.m.]
8.1 Tulare Downtown Master Plan Update.
Recommended Action: Adopt the Tulare Downtown Master Plan Update dated April 16, 2024; and authorize staff to move forward with implementation of the final Master Plan Update considering City Council and public input received during the public review of the Draft Plan. [T. Myers]
Summary: On April 16, 2024, City Council and the pubic received a presentation by Staff and MIG of the City of Tulare’s Draft Downtown Master Plan Update. Following the presentation, Mayor Sayre opened the discussion for members of the public to comment on the plan. No public comments were received. Following discussion with Council, staff, and MIG, Councilmember Sigala made the following suggestions:
• The City could consider reaching out to Union Pacific Railroad regarding land to use for parking similar to what occurs for the annual Tulare County Fair. • Update parking graphic to show what areas are public parking and what areas are private parking.
• Include an additional strategy that is specific policy or documentation guiding what the City can do regarding things such as placing moratoriums on secondhand stores.
• Staff to provide a downtown investments dashboard to show what the City has invested in downtown.
• Add Tulare County as a possible business that can be located downtown in addition to Adventist Health and College of the Sequoias.
Additionally, on May 15, 2024, staff received input from John Harman, CEO of Tulare Downtown Association, recommending some aesthetic changes relating to update and correction of minor clerical errors.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
8.2 Construction Contracts for Project PK0037.
Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to the construction of Project PK0037 K9 Bane Dog Park; authorize Tulare City Council Page 9
Agenda Memo - May 21, 2024
the City Manager or designee to approve contract change orders in the 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
$1,287,000
2. Material Testing Smith-Emery of Fresno, CA $23,116
3. Construction Survey Provost & Prichard of Visalia, CA $17,000
4. Labor Compliance Labor Consultants of California of Hanford, CA
$8,925
Summary: Capital Improvement Project PK0037 will construct a new dog park on vacant, City-owned property along the north side of the Santa Fe Trail between N Street and O Street. Improvements include fencing, lighting and electrical, landscaping and irrigation systems, street frontage improvements, a parking lot, a shade structure, and other appurtenances. The project was included and approved as part of the City’s 2023-2028 CIP Budget. Various contracts are required for the construction of the 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 Services Inc.
On May 2, 2024, five bids were opened for the Request for Bids 24-798, K9 Bane Dog Park Project. Bid opening results are attached. The K9 Bane Dog Park project sheet in the 2023-2028 CIP Budget adopted by Council on June 20, 2023, included an estimated construction cost of $300,000. Upon finalization of the plans and specifications for the project, the Architect revised the estimated construction cost to $910,000. The bids received ranged in price from $1,025,524 to $1,420,422.
To help cover construction costs, staff is utilizing CDBG funding. When utilizing CDBG funding, bidders must comply with federal Section 3 requirements. These requirements include providing economic opportunities to disadvantaged employees and businesses. The apparent low bid contained an error in their bid schedule, which resulted in it being deemed incomplete and unresponsive.
Review of the remaining bids determined that Caliber Contracting Services Inc. of Fresno, CA submitted the lowest bid that was responsive to the requirements and instructions in the bid documents, in the amount of $1,287,000. Caliber possesses the necessary current and active General Engineering Contractor's licenses issued by the State of California and submitted a list of licensed and experienced subcontractors.
2. Material Testing: Smith-Emery
During construction of the project, it will be necessary to perform materials testing to ensure compliance with contract specifications and City standards.
Material testing services are outside the capabilities of the City’s in-house staff.
Tulare City Council Page 10
Agenda Memo - May 21, 2024
Smith-Emery of Fresno, 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. Smith-Emery has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $23,116 in accordance with the provisions of their on-call contract. This amount is in line with industry standards and is well below the amount originally anticipated for these services.
3. Construction Surveying: Provost & Prichard
During construction, it will be necessary to provide construction staking so that the Contractor has the necessary locations and elevations to properly construct the improvements. The required surveying 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 ability to perform these services. Provost & Prichard of Visalia, CA is included on the list of On-Call Construction Surveying 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. Provost & Prichard has reviewed the scope of the K9 Bane Dog Park Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $17,000. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.
4. Labor Compliance: Labor Consultants of California
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. Labor Consultants of California of Hanford, 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 $8,925, 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.
Fiscal Impact & Funding Source(s): CIP Project PK0037 will utilize a combination of development impact fees (Parks Category) and Community Development Block Grant (CDBG) funding as shown on the revised Project Sheet accompanying this staff transmittal.
Tulare City Council Page 11
Agenda Memo - May 21, 2024
Fund 390 – Park DIF
Fund 077 – CDBG
Legal Review: Subsequent contract approval to be reviewed by City Attorney.
Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by Council; 2) Deny - Council could reject all bids received for the project and direct staff to revise the project plans and specifications and rebid the project. The City would incur additional design costs but could result in lower bids; or 3) Table - The bids received for this project are only valid for a specified timeframe. Delay in the award of the construction contracts could result in their expiration, which would necessitate rebidding the project.
8.3 Transit Representative Nomination to TCAG Board.
Recommended Action: Select a councilmember to be considered for nomination for the Transit Representative position on the Tulare County Association of Governments Board of Directors. [M. Mondell]
Summary: In 2015, a Transit Representative position on the Tulare County Association of Governments (TCAG) Board of Directors was created which carries a three-year term. This position is a full voting member of the Board that is appointed by the Council of Cities. The person holding this position should be an elected official from a City that directly provides fixed route service who is willing to fulfill the job which includes the following items:
• Receive orientation and training on the roles and responsibility of TCAG as an agency as well as the responsibilities of individual board members. • Represent the interests of public transit in Tulare County. This includes the interest of residents and riders in the county as well as all agencies that provide public transit in Tulare County.
• Serve as the TCAG representative on the CalVans Board of Governors. • Attend various meetings, functions, conferences, etc. Examples include:
o CalVans Board meetings
o Stakeholder and community meetings
o Unmet Needs public hearings
o Transit forum meetings
o Meetings of the Social Services Transportation Advisory Council (SSTAC) o Events, functions, etc. with local, regional, state, and federal partner agencies
o Advocacy trips to Sacramento and Washington D.C.
o Project groundbreakings
• Ensure that you are provided the necessary information for decision-making. • Attend board member training.
• Attend TCAG board meetings and workshops.
• Promote and advocate for public transit that serves the residents of Tulare County.
Tulare City Council Page 12
Agenda Memo - May 21, 2024
The Council is asked to discuss and put forth a name of a councilmember who is willing and able to serve as the Transit Representative on the TCAG Board of Directors. If a councilmember is selected, their name will be provided to the Council of Cities to be considered for nomination to the position.
If only one councilmember from the eligible cities expresses interest, that name will be forwarded to the Tulare County Association of Governments as the Transit Representative and a request will go out to the cities to select an alternate through the same process.
If more than one city puts forth the name of an interested councilmember for consideration, each city will be provided the list of councilmembers. An item will be brought to Council to review the list in order to select a nominee from the list provided.
The candidate that garners the most votes will be forwarded to the TCAG Board as the Transit Representative. A tie will be forwarded to the Council of Cities for a final decision.
Currently, Mayor Sayre serves as the primary, with Councilmember Sigala as the alternate, on the TCAG Board of Directors as the City’s representative. The Transit Representative is a separate position than those that are held by all eight cities. This selection does not affect Mayor Sayre’s current position on the Board. The City could potentially have two councilmembers appointed to the TCAG Board of Directors.
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.
Legal Review: This item does not require legal review.
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.
9. FUTURE AGENDA ITEMS [8:50-9:00 p.m.]
9.1 Designation of City Intersection as “Dolores Huerta Square.” Submitted by: Councilmember Sigala
Recommended Action: Review and either direct staff to add to a future agenda or take no action.
9.2 Completion, Striping, and Painting of Bicycle Lanes in District 1.
Submitted by: Councilmember Sigala
Recommended Action: Review and either direct staff to add to a future agenda or take no action.
10. STAFF UPDATES [9:00-9:05 p.m.]
11. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, June 4, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare. o
WHEREAS, International Firefighters' Day is observed each year on May 4 to honor and remember past firefighters who have lost their lives while serving their communities, to express gratitude to those that have ierved in this line of work, and to show support and appreciation for those who presently serve; and
WHEREAS, the role of a firefighter in today's society - be it urban, rural, natural environment, volunteer, career, industrial, defense force, aviation, motorsport or other, is one of dedication, commitment, and sacrifice - no matter what country they reside and work in; and WHEREAS, at a moment's notice, firefighters are quick to respond to uncertain situations to mitigate danger and combat the threat of destructive fire in order to protect individuals, families, and the economic being of our community; and
WHEREAS, firefighters dedicate their lives to the protection of life and property; and WHEREAS, the demands of firefighting are accompanied by both personaland physicaltolls that all firefighters knowingly accept while risking their lives to protect the lives of others; and WHEREAS, hailing from allwalks of life, they are our mothers, fathers, brothers, sisters, aunts, uncles, grandparents, neighbors, and friends. They protect us without wanting of recognition or reward. ln our time of need they ale there with courage, compassion, and loyalty. They are the essence of the true meaning of community.
NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the day of May 4, 2024 as
lnternational Fi refig hters' DaY
in the City of Tulare and encourage all citizens to show support and appreciation to our City, County, State, an-d Federal firefighters whb protect our lives and property so diligently throughout the year, and by remembering past firefighters who dedicated their lives to preserve our safety.
Dated this 21't day of May 2024 a J".*tS tttavlor
ce Mayor
cilmember
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Stephen C. Harrell, Gouncilmember
M*ni, A, nndtuwt,
Dennis A. Mederos, Gouncilmember
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WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide life-saving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services has grown to fill a gap by providing important, out of hospital care, including preventative medicine, follow-up care, and access to telemedicine; and WHEREAS, the emergency medical services system consists of first responders, emergency medicaltechnicians, paramedics, emergency medicaldispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their life-saving skills, and Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week.
NOW, THEREFORE we, the City Council of the City of Tulare, do hereby proclaim the week of May 19-25,2024, as
Emergency Medical Services Week
in the City of Tulare and encourage the community to observe this week with appropriate programs, ceremonies, and activities.
Dated this 21't day of May 2024 a J"+"-
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Mayor
lmember
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Stephen
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G. Harrell, Councilmember
Ntu,i, n, mufu,wDennis A. Mederosn Gouncilmember
City of Tulare Page 1
CITY OF TULARE
CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, May 7, 2024
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Mark
Roberts; 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 Shonna Oneal; Community Development Director
Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.
1. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:02 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 Michael Grogan, Pastor of Abundant Life Center.
3. PROCLAMATIONS & RECOGNITIONS
3.1 Proclamation for National Police Week & Peace Officers Memorial Day.
Councilmember Harrell read the proclamation and presented it to Chief Fred Ynclan and Captain Matt Machado.
3.2 Proclamation for National Public Works Week. Councilmember Mederos read the proclamation and presented it to Public Works Director Trisha Whitfield.
3.3 Recognition for Social Vocational Services Tulare. Councilmember Sigala presented certificates of recognition to Social Vocational Services Tulare and their clients who assist at the Tulare Animal Shelter.
Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, May 7, 2024
City of Tulare Page 2
3.4 Recognition for the Tulare Police Explorer Program Graduates.
Councilmember Harrell presented certificates of recognition to the recent graduates of the Tulare Police Explorer Program. Program Coordinator Josh Avalos spoke about the program and recognized the graduates.
Mayor Sayre recognized Chief Deputy City Clerk Melissa Hermann for Professional Municipal Clerks Week and proclaimed May 5-11, 2024 as Professional Municipal Clerks Week in the city of Tulare.
4. PUBLIC COMMENTS
The following provided public comment: Steven Morton requesting an Amtrack station at the old Walgreens building on Tulare Avenue and J Street; Grace Harvey regarding the street deterioration in Del Lago and other areas; Alberto Aguilar regarding the hazardous sidewalks around the cemetery; Clarence Ogans, Hugo Trujillo, and Ashley Vega regarding the heavy truck traffic in and around Matheny Tract; and Elizabeth Zayas and Moses Guardiola regarding issues their development has encountered.
5. COMMUNICATIONS
City Manager Marc Mondell advised of the recent communication received from Leadership Counsel regarding item 9.4 discussing City truck routes.
6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.
7. CONSENT CALENDAR
Items 7.3, 7.6, 7.7, and 7.10 was removed from the Consent Calendar by Council.
It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for items 7.3, 7.6, 7.7, and 7.10.
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 April 16, 2024.
Recommended Action: Approve as submitted. [M. Hermann]
7.4 Adding Annexed Territory to Council District.
Recommended Action: Adopt a resolution adopting the revised City Council Election District Boundaries to include the recently annexed territory through the Chandler Grove Annexation to Council District 5. [M. Hermann]
7.5 2024/25 Road Maintenance Recovery Act (SB1) Funding and Projects.
Recommended Action: Receive a list of proposed projects to be funded through Senate Bill No. 1 (SB 1) revenues and adopt a resolution which includes the 2024/25 Road Maintenance and Rehabilitation Account (RMRA) funds in the City's 2024/25 Capital Improvements Projects program budget and identifies a list of proposed projects that will utilize those funds. [M. Miller] City Council Meeting Minutes Tuesday, May 7, 2024
City of Tulare Page 3
7.8 Summary Vacation of Public Utility Easement for Cartmill Commons.
Recommended Action: Adopt a resolution summarily vacating a Public Utility Easement shown on Parcel Map No. 5414, recorded in Book 55 of Maps, at
of California to Cartmill Commons LLC, a California Limited Liability Company; and authorize the City Manager to sign the respective Certificate of Conveyance. [M. Miller]
7.9 Rejection of Claim.
Recommended Action: Reject the liability claim for damages filed on April 1, 2024, and amended April 22, 2024, by Attorney Daisy Perez on behalf of claimant Jessica Lopez-Suarez, FR 102012-22723. [S. Oneal]
PULLED CONSENT CALENDAR ITEMS
7.3 Second Reading and Adoption of Ordinance 2024-03.
Recommended Action: Adopt Ordinance 2024-03 approving Zone Amendment No. 753 changing the zoning designation from C-3 (Retail Commercial) to R-1-4 (Small-lot Residential) on approximately 14.06 acres. [S. Sopp] Council Action: Councilmember Mederos pulled this item to recuse himself stating a conflict of interest due to owning property in the vicinity of the project.
With no discussion, it was moved by Councilmember Sigala, seconded by Vice Mayor Isherwood, and carried 4 to 0 (Councilmember Mederos recused) to approve the item as presented.
7.6 PK0033 Zumwalt Park Renovation Design Consultant Contract Amendment.
Recommended Action: Authorize the City Manager or designee to sign a contract amendment for $150,000 with RRM Design Group of San Luis Obispo, CA for additional construction support services related to City Project PK0033 – Zumwalt Park Renovation. [M. Miller]
Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.
7.7 Manufactured Housing Opportunity and Revitalization Program Award.
Recommended Action: Adopt a resolution to authorize the acceptance to incur an obligation for the Program Award, execute and deliver a Standard Agreement, and all other documents required or deemed necessary or appropriate to secure the Program Award from the California Department of Housing and Community Development and to participate in the Manufactured Housing Opportunity and Revitalization Program, and all amendments thereto. [G. Avitia] Council Action: Vice Mayor Isherwood pulled this item to recuse himself stating a conflict of interest due to being employed by Self-Help Enterprises, the proposed administrator of the program. With no discussion, it was moved by Councilmember Sigala, seconded by Councilmember Mederos, and carried 4 to 0 (Vice Mayor Isherwood recused) to approve the item as presented.
7.10 Zumwalt Park Security Cameras and Wi-fi Contract.
Recommended Action: Authorize the City Manager to sign a contract for $120,575.22 for the purchase and mounting of security cameras, wi-fi access City Council Meeting Minutes Tuesday, May 7, 2024
City of Tulare Page 4
points, and required cabling and equipment for Zumwalt Park with AMS.net of Livermore California, utilizing the cooperative purchasing agreements Omnia Partners contract #R200803 and Merced County FOCUS contract #2021092; and authorize the City Manager or designee to approve contract change orders up to 10%, or $12,057.52, of the original contract amount. [J. Bowling] Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as presented.
8. PUBLIC HEARINGS
8.1 Proposed Annual Action Plan for Fiscal Year 2024.
Recommended Action: Adopt a resolution approving Community Development Block Grant Annual Action Plan to allocate approximately $600,000 to public infrastructure and facility improvements, $109,000 to services for people experiencing homelessness, $185,000 to affordable housing preservation, and $130,000 to CDBG program administration; and authorize the City Manager or their designee to submit the same to US Department of Housing and Urban Development on behalf of the City of Tulare.
Presented By: Housing & Grants Specialist Gladys Avitia Public Comment: The public hearing was opened at 8:32 p.m. Receiving no public comment, the public hearing was closed at 8:32 p.m.
Council Action: Vice Mayor Isherwood recused himself from this item stating a conflict of interest due to being employed by Self-Help Enterprises, a potential recipient of funds, and left the dais prior to the presentation and opening of the public hearing. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and carried 4 to 0 (Vice Mayor Isherwood recused) to approve the item as presented.
9. GENERAL BUSINESS
9.1 Prosperity Avenue and West Street Intersection Improvements Project Resolution of Necessity for Property Acquisition.
Recommended Action: Adopt a Resolution of Necessity for APN 164-130-004 authorizing the City Attorney to take the steps necessary to finalize the acquisition of the property for the construction of the Prosperity Avenue and West Street Intersection Improvements Project.
Presented By: City Attorney Mario U. Zamora
Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Sigala, seconded by Mayor Sayre, and unanimously carried to approve the item as presented.
9.2 Amendment to Ground Lease Agreement with Tulare County.
Recommended Action: Approve and authorize the mayor to sign the First Amendment to Ground Lease Agreement No. 30974 for the Hillman Center Emergency Homeless Shelter.
Presented By: City Manager Marc Mondell
Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Harrell, seconded by Vice Mayor Isherwood, and unanimously carried to approve the item as presented.
City Council Meeting Minutes Tuesday, May 7, 2024
City of Tulare Page 5
9.3 FM0048 Tulare Homeless Shelter Contract for Modular Living Quarters.
Recommended Action: Award and authorize the City Manager to sign a contract for $1,112,582.58 with Pacific Mobile Structures Inc. of Ceres, CA, for construction of modular living quarters associated with City Project FM0048 - Tulare Homeless Shelter; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the contract.
Presented By: City Engineer Michael Miller
Public Comment: There were no public comments.
Council Action: It was moved by Vice Mayor Isherwood, seconded by Mayor Sayre, and unanimously carried to approve the item as presented.
9.4 Discussion of Truck Routes.
Recommended Action: Review and discuss the designation of truck routes within the City of Tulare.
Presented By: City Engineer Michael Miller
Public Comment: Public comments on this item were received during the Public Comment portion of the agenda. Tom Linder commented support for staff speaking with the industry as part of the analysis.
Council Action: It was Council consensus to direct staff to continue research on this item.
9.5 Fiscal Year 2024 Budget Reconciliation.
Recommended Action: Adopt a resolution to amend the City of Tulare’s Fiscal Year 2024 Adopted Budget to reconcile adopted expenditures, revenues, and interfund transfers.
Presented By: Chief Financial Officer Mark Roberts
Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Sigala, seconded by Vice Mayor Isherwood, and unanimously carried to approve the item as presented.
9.6 Mid-Year Budget Review, Revenue and Expenditure Projections, and Approval of Supplemental Appropriation Requests.
Recommended Action: Review the City of Tulare fiscal-year-to-date revenues and expenditures as of December 31, 2023; receive the estimated revenues and expenditures for the remainder of the current fiscal year and for the ensuing fiscal year; and adopt a resolution amending the City’s Fiscal Year 2024 Adopted Budget to include the supplemental appropriation requests as presented.
Presented By: Chief Financial Officer Mark Roberts
Public Comment: There were no public comments.
Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to adopt the resolution amending the City’s Fiscal Year 2024 Adopted Budget to include the supplemental appropriation requests as presented with the use of fund balances as necessary.
10. FUTURE AGENDA ITEMS - NONE SUBMITTED
11. STAFF UPDATES
Staff provided updates on department activities.
City Council Meeting Minutes Tuesday, May 7, 2024
City of Tulare Page 6
12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS
12.1 Conference with Labor Negotiators (Govt. Code § 54957.6) Agency Designated Representatives: Marc Mondell, Mario Zamora, Josh McDonnell, Shonna Oneal
Employee Organization: CLOCEA, Middle Managers, and Department Heads Council recessed to closed session at 10:03 p.m.
13. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 11:02 p.m.
14. CLOSED SESSION REPORT
Mayor Sayre advised there was no reportable action.
15. ADJOURNMENT
The regular meeting was adjourned at 11:02 p.m.
Approved by Council: May 21, 2024
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Powers, Project Manager
Agenda Title: Notice of Completion for Project PK0038
RECOMMENDED ACTION
Accept as complete the contract with JT2 Inc. DBA Todd Companies of Visalia, CA for work on Project PK0038 - Prosperity Sport Basketball Courts; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.
SUMMARY
On January 18, 2022, City Council authorized staff to apply for grant funds from the State of California via Prop 68 – Per Capita Grant Program in the amount of $177,952.00 for the construction of basketball courts at Prosperity Sports Park. The City match for the grant was anticipated to be $44,488. The project had been recommended to the City Council by the Tulare Parks and Recreation Commission on June 8, 2021. The Per Capita Grant Program funds are available for local park rehabilitation, creation, and improvements. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure, and to address underserved neighborhoods with regard to outdoor recreational opportunities.
Previously, there was a single basketball court at Prosperity Sports Park that was in poor condition. City staff prepared plans and specifications for construction of two basketball courts, with one of the courts intended as a replacement for the existing one. The base project was for a single, new basketball court to be placed adjacent to the existing one. An “Additive Alternative” was included for construction of a second basketball court to replace the existing one. This was to provide the City with the option to have a lower cost base bid should construction of two courts prove to be cost-prohibitive. In addition to the basketball courts, the scope of work also included sidewalk, irrigation, drainage, and electrical improvements necessitated by the project.
The City received one bid for the project from JT2 Inc. DBA Todd Companies of Visalia, CA.
The bid was reviewed and deemed to be responsive to the requirements of the Request for Bids (RFB). On August 1, 2023, Council awarded a contract to JT2 Inc. in the amount of $317,250 for construction of the project. At this time, all work and contractual obligations required of JT2 Inc. have been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount. A summary of final contract costs is as follows:
Original Contract Award $317,250.00
Contract Change Orders $8,817.00
Final Construction Contract Cost $326,067.00
Item #: 7.3
Consent
7.3 Consent Page 1
FISCAL IMPACT & FUNDING SOURCE(S)
The Project was partially funded through the State of California Per Capita Grant Program in the amount of $177,952.00. The remaining City cost share in the amount of $148,115 is funded through Parks Development Impact Fees.
PK0038-050-0601
Fund 390 – Parks DIF $148,115.00
Fund 601 – State Per Capita Grant $177,952.00
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes - Staff will incorporate changes directed by City Council.
2. Deny - Should Council deny the request to accept as complete the contract with the Todd Companies at this time, it will prevent the City from releasing payment of the retention amount owed to the Contractor and prevent the City from filing a notice of completion with the County. This action would also postpone the start of the 1-year maintenance bond period for the project. Without specific written findings of the justifications of delaying payment, such action could open the City up to litigation for damages caused by delay.
3. Table - The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractor interest on monies withheld. Postponement of notice of completion ties up the Contractors bonding capacity, preventing them from bidding on alternate projects. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by delay.
ATTACHMENTS
1. Notice of Completion
Reviewed/Approved:
7.3 Consent Page 2
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.
N O T I C E O F C O M P L E T I O N
NOTICE IS HEREBY GIVEN THAT:
1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 93274, is the owner of the real property, public works or structure hereinafter described.
2. The nature of the title of the stated owner is: In Fee.
3. On the 21st day of May, 2024, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.
4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is JT2 Inc. DBA Todd Companies, whose address is P.O. Box 6820, Visalia, CA, 93290. The surety on said contract is Fidelity and Deposit Company of Maryland.
5. The real property or public work or structure is described as follows:
Prosperity Sports Park Basketball Courts, City Project No. PK0038.
6. The public works improvements were accepted as complete by the City Council of the City of Tulare on May 21, 2024.
Dated: CITY OF TULARE
A Municipal Corporation,
By:
Michael W. Miller, City Engineer
VERIFICATION:
I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City. I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on ________________________ , 2024 at Tulare, California.
By: _________________________________
Michael W. Miller, City Engineer
7.3 Consent Page 3 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Rejection of Claim - Estate of Nelva Beltran Sanchez
RECOMMENDED ACTION
Reject the liability claim for damages filed on May 6, 2024, by Attorney Justin Farahi on behalf of claimant Estate of Nelva Beltran Sanchez, FR102099/22815.
SUMMARY
On May 6, 2024, Attorney Justin Farahi filed a claim for damages on behalf of the Estate of Nelva Beltran Sanchez. The claim is relating to pedestrian, Nelva Beltran Sanchez, who succumbed to her injuries after being struck by an unidentified vehicle on November 28, 2023, on Avenue 8 in Richgrove, Tulare County, California. The claim asserts the substantial factors contributing to the incident were the absence of adequate lighting, safety warning signs, traffic control devices, and crosswalks on this 55-mph roadway that alleges is under the control of the City of Tulare. The claim is an unlimited civil case exceeding $20,000,000 in General Damages and $30,000,000 in Special Damages.
Richgrove is an unincorporated town in Tulare County, California. The City of Tulare does not have control of this roadway that is located over 35 miles away.
The claim has been filed with the Central San Joaquin Valley Risk Management Authority (RMA), and they have recommended that the claim be rejected and staff be directed to notify the claimant’s attorney through a Notice of Rejection of Claim.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
Reviewed by the RMA Attorney and City Attorney.
ALTERNATIVE ACTION
1. Approve
2. Deny
3. Table
ATTACHMENTS
1. Claim for Damages – Estate of Nelva Beltran, FR102099/22815 Reviewed/Approved:
Item #: 7.4
Consent
7.4 Consent Page 1
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FIRM0r'.?iion
Farahi Law Firm, APC
72079 W Jefferson Blvd.,
Los Angeles, CA 90230
Telephone: (310) 77 4-4500
Facsimile: (424) 295 -05 57
i [email protected] aw. c o m
liz(d.farahilaw.com
i aoueline @.fara h i I aw. c om
LAW
April30,2024
Via U.S. Certified Mail
RISK MANAGEMENT
City of Tulare
4lI E. Kern Avenue
Tulare, CA932.74
RE: Letter of Representation to File Government Claim
ESTATE OF NELVA BELTRAN (DATE OF LOSS: 11/28/2023)
To Whom It May Concern:
Please be advised that Rosa Isela Sanchez, the mother and the nearest kin of Nelva Beltran, deceased, has retained Farahi Law Firm to pursue a wrongful death claim and other damages on behalf of the Estate of Nelva Beltran ("Claimanl'). This claim arises from the incident that occurred on November 28, 2023, at Avenue 8 in Richgrove, Tulare of Copnty, California. Enclosed is an executed City of Tulare Claim, for Damages Form, Rosa's Identification Card, and Claimant's Death Certificate. Please incorporate this letter into the, attached City of Tulare Claimfor Damages Form.
This government claim based on causes of action for wrongful death and other damages is presented to the City of Tulare on April 3A,2024, which is within the six-month statutory period from the date the cause of action accrued; hence, timely.
As our firm now represents the Claimant, all correspondence and all other forms of communication regarding this matter should be directed to our office only. If any statement was taken from the Claimant's representative, please forward a full and compiete copy of that statement to the undersigned. We request that any discussions or negotiations concerning this claim be conducted through our law firm.
Furthermore, if you are in possession of any CCTV footage or photographs relating to the incident (including footage and photographs of the scene of the incident and of damages to persons or property), please provide duplicates to the undersigned. Any costs incurred in making such duplicates will glad$ be reimbursed by this office.
r
Kindly acknowledge receipt of this letter, which, to re-emph asize, is incorporated into the executed City of Tulare Claim for Damages Form. Any authorizations and other documents signed by the Claimant's representative in your possession authorizing the release of any information about Claimant's claim are hereby revoked and void. t
7.4 Consent Page 2 ATTACHMENT 1
Thank you for your assistance.
Truly Yours, Government Claim Handler: Jaqueline Rodriguez Email : jaqueline@ farahilaw.com
Phone Number: 323-410-7395
Justin
tu
Farahi, ESQ.
Farahi Law Firm, APC
t
7.4 Consent Page 3
CLAIM FORM
Retum completed form to: Risk Management
City of Tulare
41I E. Kern Avenue
Tulare, CA93274
(ss9) 684-4202
(Please TYPe Or Print)
CLAIMAGAINST Citv of
(Name of Entity)
Claimant's Estate of Nelva Beltran Sa AS Rosa lsela Sanchez SS#: N/A DOB: Auoust25,1999 Gender: Male Female '{
Claimant'saddress: 265 S. Ohio St. Porterville. Tulare. California 93257 -Telephone: (3'10) 774-4500 Address where notices about claim are to be sent, if different from above: Justin Farahi Eso Farahi Law Firm. APC, 12079 W. Jefferson Blvd.. Los Anqeles, CA 90230 Date of incident/acci dent: November 28.
What are the names olthe entitv's employees who caused this injury, damage, or loss 1it'known)? The information herein is based 1 on the current state of the invesiigation. Additional details may be added or amended as the inquiry progresses. I ne ulty oT I ulare, its concerned department/s, erpioye"", agenis, contractors or subcontractors and/or representative/s in charge of the maintenance, use, and the defective design ofthe subject roadway.
Date injuries, damages, or losses were discovered: November 28,2023 Location of incident/accident: Avenue 8 in nrnve Trrlare California What did entity or employee do to cause this loss, damage, or injru'y? See ilA', (Jse back ofthis form or separate sheet ifnecessary to answer this question in detail.) What specific injuries, damages, or losses did claimant receive? The information herein is based on the current state of the investijation. Adiitional details may be added or amended as the inquiry progresses. Nelva Beltran Sanchez died instantaneously at the jcene due to fatal injuries suitained. The Estate of Nelva Beltran Sanchez, as represented by Rosa lsela Sanchez seeks Ms' Nelva Beltran Sanchez'ruse
back of this form or separate sheet if necessary to answer this question in detail.) What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of jurisdiction. Note: If Superior and Municipal Courts are consolidated, you must represent whether it is a "limited civil case" fsee Government Code 910(f)l
$50,000,000.00
How was this amount calculated (please itemize)? General Damaoes: $20-000.000.00 S $30,000,000.00
(Use back ofthis form or separate sheet ifnecessary to answer this question in detail.) Date Signed: April30,2024 Signahrre
If signed by representative: Farahi Law Firm, APC,12079 W. Jefferson Blvd., Los Anqeles, CA 90230 Representative's Name Justin Farahi, Esq.
Telephone # (310) 774-4500
Relationship to Clairnant (1nr rnqel fnr lhe manf
Address
7.4 Consent Page 4
DIAGRAMS
General Diagram
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7.4 Consent Page 5
P LEASE READ - IMPORTANT!
your claim must be filed within six (6) months of the date of the incident (Government Code 97L.2).
Complete the claim form in its entirety and return to the address at the top of the claim form. your claim will be forwarded to the Claims Administrator for review and it will either be settled or denied. You will be notified by mailof the decision. lf your claim is denied, you will have six months from the date of denial to initiate an action against the City (Government Code 945.6).
lf you have questions, please call (559) 684-4202.
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7.4 Consent Page 6
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Attachment ooA"
What did entity or employee do to cause this loss, damage, or injury? The information herein is based on the current state of the investigation.
Additional details may be added or amended as the inquiry progresses.
This claim stems from an incident that occurred on November 28, 2023, at approximately 5:30 AM, on Avenue 8 in Richgrove, Tulare City, California. The decedent, Nelva Beltran Sanchez, was a pedestrian struck by an unidentified vehicle. The substantial factors contributing to the incident were the absence of adequate lighting, safety warning signs, traffic control devices, and crosswalkst on this 55-mph roadway, which created a dangerous condition at the incident location. The subject roadway is under the control, ownership, lease, andlor occupation of the City of Tulare.
The City of Tulare was negligent in its maintenance, use, and defective design of the subject roadway, leading to the untimely and preventable death of Ms.
Nelva Beltran Sanchez. The lack of sufficient lighting, safety warning signs, traffic control devices, and crosswalks on this 55-mph roadway by the City of Tulare qeated a dangerous condition at the time of Ms. Sanchez's death, resembling a concealed trap.
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7.4 Consent Page 7
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Risk Management
City of Tulare
411 E Kern Ave.
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7.4 Consent Page 8
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Rejection of Claim - Rosa Isela Sanchez
RECOMMENDED ACTION
Reject the liability claim for damages filed on May 6, 2024, by Attorney Justin Farahi on behalf of claimant Rosa Isela Sanchez, FR102099/22816.
SUMMARY
On May 6, 2024, Attorney Justin Farahi filed a claim for damages on behalf of Rosa Isela Sanchez. The claim is relating to pedestrian, Nelva Beltran Sanchez, who succumbed to her injuries after being struck by an unidentified vehicle on November 28, 2023, on Avenue 8 in Richgrove, Tulare County, California. Mrs. Rosa Isela Sanchez is the mother and heir of the deceased, Nelva Beltran Sanchez. The claim asserts the substantial factors contributing to the incident were the absence of adequate lighting, safety warning signs, traffic control devices, and crosswalks on this 55-mph roadway that alleges is under the control of the City of Tulare that caused the death of her daughter. The claim is an unlimited civil case exceeding $20,000,000 in General Damages and $30,000,000 in Special Damages.
Richgrove is an unincorporated town in Tulare County, California. The City of Tulare does not have control of this roadway that is located over 35 miles away.
The claim has been filed with the Central San Joaquin Valley Risk Management Authority (RMA), and they have recommended that the claim be rejected and staff be directed to notify the claimant’s attorney through a Notice of Rejection of Claim.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
Reviewed by the RMA Attorney and City Attorney.
ALTERNATIVE ACTION
1. Approve
2. Deny
3. Table
ATTACHMENTS
1. Claim for Damages – Estate of Nelva Beltran, FR102099/22816 Reviewed/Approved:
Item #: 7.5
Consent
7.5 Consent Page 1
EARAHI L AW
A ProiEsrlo:rai
FIRM
Ccr$orniion
Farahi Law Firm, APC
12079 W Jefferson Blvd.,
Los Angeles, CA 90230
Telephone: (3 10) 77 4-4500
Facsimile: (424) 29 5 -05 57
i [email protected] i law. c om
liz(d.farahilaw.com
j aqueline @farahilaw. com
t
April30,2024
Via U.S. Certified Mail
RISKMANAGEMENT
City of Tulare
4ll E. Kern Avenue
Tulare, C493274
(ssg) 684-4202
RE: Letter of Representation to File Government Claim
ROSA ISELA SANCHEZ (DATE OF LOSS: 11/28/2023)
To Whom It May Concern:
Please be advised that the Rosa Isela Sanchez, the mother and the nearest kin of Nelva Beltran, deceased, has retained Farahi Law Firm to pursue a wrongful death claim and other damages on behalf of the Estate of Nelva Beltran ("Claimant"). This claim arises from the incident that occuired on November 28, 2023, at Avenue 8 in Richgrove, Tulare of County, California. Enclosed is an executed City of Tulare Claim for Damages Form, Claimant's Identification Caid, and Nelva's Death Certificate. Please incorporate this letter into the attached City of Tulare Claimfor Damages Form.
This government claim based on causes of action for wrongful death and other damages is presented to the City of Tulare on April 30,2024, which is within the six-month statutory period from the date the cause of action accrued; hence, timely.
As our firm now represents the Claimant, all correspondence and all other forms of communication regarding this matter should be directed to our office only. If any statement was taken from the Claimant's representative, please forward a full and complete copy of that statement to the undersigned. We request that any discussions or negotiations concerning this claim be conducted through our law firm.
Furthermore, if you are in possession of any CCTV footage or photographs relating to the incident (including footage and photographs of the scene of the incident and of damages to persons or property), please provide duplicates to the undersigned. Any costs incurred in making such duplicates will gladly be reimbursed by this office.
Kindly acknowledge receipt of this letter, which, to re-emphasize, is incorporated into the executed City of Tulare Claim for Damages Form. Any authorizations and other documents signed by the Claimant's representative in your possession authorizing the release of any information about Claimant's claim are hereby revoked and void. q
7.5 Consent Page 2 ATTACHMENT 1
Thank you for your assistance.
Truly Yours,
Justin Farahi,
Farahi Law Firm, APC
Government Claim Handler: Jaqueline Rodrigue^z
Email: [email protected] t
Phone Number: 323-410-7395
I
t
7.5 Consent Page 3
CLAIM FORM
Retum completed form to: Risk Management
City of Tulare
4ll E. Kern Avenue
Tulare, CA 93274
(ss9) 684-4202
(Please Type Or Print)
CLAIM AGAINST Citv of Tula re
(Name of Entity)
Claimant's name: Rosa lsela Sanchez
N/A DOB: January 11. 1976 Gender: Male Female
Claimant's address: 265 S. Ohio St. Porterville. Tulare. California 93257 Telephone: (310) 774-4500 Address where notices about claim are to be sent, if different from above: Justin Farahi - Eso.
Farahi Law Firm, APC, 12079 W. Jefferson Blvd., Los Angel es, CA 90230 Date of incident/accident: Xqvember 28, 2023 t
Date injuries, damages, or losses were discovered: Novem ber 28.2023 Location of incident/accident: Avenrre I in Ri rn\/A Tulare Corrntv IA What did entity or employee do to cause this loss, darnage, or injury? See 'A' (Use back of this form or separate sheet if necessary to answer this question in detail.) What are the names of the entity's employees who caused this injury, damage, or loss (if known)? The information provided herein is based on the current state of the investigation. Additional details may be added or amended as the inquiry progresses The of its concerned
use, SU
What specific injuries, damages, or losses did claimant receive? Sec contractors or subcontractors and/or
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(Use back ofthis form or separate sheet ifnecessaty to answer this question in dctail.) What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of1 jurisdiction. Note: If Superior and Municipal Courts are consolidated, you must represent whether it is a "limited civil case" fsee Govemment Code 910(f)l
ssO.000-000.00
How was this amount calculated (please itemize)? General $20 000 000.00 Special Damaqes: $30,000,000.00
(Jse back ofthis form or separate sheet ifnecessary to answer this question in detail.) Date Signed: Aoril30,2024 Signature:
If signed by representative:
Representative's Name Justin Farahi, Esq
Farahi Law Firm, APC,12079 W. Jefferson Blvd.,
Relationship to Claimant Counsel for Claimant
Address Los Angeles, CA 90230
Telephone # 31 774-4500
7.5 Consent Page 4
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DIAGRAMS
General Diagram
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7.5 Consent Page 5
PLEASE READ - IMPORTANT!
your claim must be filed within six (6) months of the date of the incident (Government Code etL.2).
Complete the claim form in its entirety and return to the address at the top of the claim form. your claim will be forwarded to the Claims Administrator for review and it will either be settled or denied. You will be notified by mail of the decision. lf your claim is denied, you will have six months from the date of denial to initiate an action against the City (Government Code 945.6).
lf you have questions, please call (559) 684-4202
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7.5 Consent Page 6
Attachment "A"
What did entity or employee do to cause this losso damage, or injury? The information provided herein is based on the current state of the investigation.Additional details may be added or amended as the inquiry progr.rr.r. *
This claim stems from an incident that occurred on November 28, 2023, at approximately 5:30 AM, on Avenue 8 Road, California, in front of F-amous Vineyards, LLC, located at 20715 Avenue 8 in Richgrove, Tulare County, California. Mrs. Rosa Isela Sanchez is the mother and heir of the deceased, Nelva Beltran Sanchez. Her daughter, Nelva, was a pedestrian fatally struck by an unidentified vehicle. The substantial factors contributing to the incident were the lack of sufficient lighting, safety warning signs, traffic control devices, and crosswalks on this 55-mph roadway, which created a dangerous condition at the incident location. The subject roadway is under the control, ownership, lease, andlor occupation of the City of Tulare.
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The City of Tulare was negligent in its maintenance, use, and defective design of the subject roadway, leading to the untimely and preventable death of Mrs.
Rosa's daughter. The lack of sufficient lighting, safety warning signs, trafftc control devices, and crosswalks on this 55-mph roadway by the City of Tulare created a dangerous condition at the time of Nelva's death, resembling a concealed trap.
What specific injuries, damages, or losses did claimant receive? The information herein is based on the current state of the investigation and may be updated or amended as further inquiry progresses.
Rosa Isela Sanchez seeks compensation for all current and future special andl general damages directly and incidentally related to the untimely and preventable death of her daughter.
7.5 Consent Page 7
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Risk Management
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7.5 Consent Page 8
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director Agenda Title: Amendment to Contract with RSG
RECOMMENDED ACTION
Approve amendment to contract with RSG for consulting services associated with administration of American Rescue Plan Act (“ARPA”) funding; and adopt a resolution to reallocate $25,000 from the ARPA Marketing and Social Media category to the ARPA Consultant category.
SUMMARY
The purposes of this item are to extend the services currently provided by RSG and to reallocate associated funds. The City and RSG entered into an agreement for as-needed consulting services effective January 1, 2022. It is necessary to continue these services and RSG has agreed to extend the agreement through the end of calendar year 2024 at existing rates for an additional amount not to exceed $25,000; total amended contract not to exceed $75,000. There are sufficient ARPA marketing funds to cover this activity. Staff will present a full reporting of ARPA funds at a future meeting.
FISCAL IMPACT & FUNDING SOURCE(S)
Source: American Rescue Plan Act Marketing and Social Media – Category 1.7 Account: 028-4145-5202
Use: American Recovery Plan Act – ARPA Consultant – Category 7.1 Account: 028-4145-5201
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
If the contract amendment is not approved, we will no longer have consulting services for this funding source.
ATTACHMENTS
1. RSG Consulting Contract
2. RSG Consulting Contract Amendment
3. Resolution
Reviewed/Approved:
Item #: 7.6
Consent
7.6 Consent Page 1
7.6 Consent Page 2 ATTACHMENT 1
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7.6 Consent Page 6
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7.6 Consent Page 16
1 FIRST AMENDMENT TO AGREEMENT FOR ON-CALL ARPA CONSULTING AND SUPPORT SERVICES BETWEEN RSG, INC. AND THE CITY OF TULARE This First Amendment to the Agreement for Professional Services between RSG, Inc. and the City of Tulare is made on _______2024 by and between RSG, Inc. ("Consultant") and the City of Tulare (“Client”).
WHEREAS, Client and Consultant have previously increased budget to $50,000 to complete said work through the end of the calendar year 2023; and WHEREAS, Client and Consultant need an additional $25,000 to complete said work through the end of the calendar year 2024; and
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1. Section III, Compensation A. Total Fee: is hereby amended in its entirety to read as follows:
“The CONSULTANT will perform the tasks listed in “EXHIBIT A” and deliver the products for an increase amount of $25,000 for a not-to-exceed budget of seventy-five thousand, $75,000.
2. All other provisions and amendments of the Agreement shall remain in effect.
Signatures Below
IN WITNESS WHEREOF, the parties have caused this First Amendment to the Agreement for On-Call ARPA Consulting and Support Services to be executed on the date first written above.
City of Tulare RSG, Inc.
By: __________________________ By:
Marc Mondell, City Manager Tara Matthews, Principal
7.6 Consent Page 17 ATTACHMENT 2
November 9, 2021 Via Electronic Mail
Josh McDonnell, Deputy City Manager
CITY OF TULARE
411 East Kern Ave.
Tulare, CA 93274
PROPOSAL FOR ASSISTING WITH ARPA PROGRAM DESIGN AND ADMINISTRATION Dear Mr. McDonnell,
RSG understands that the City of Tulare (“City”) received approximately $18M in America Rescue Plan Act (“ARPA”) funds. ARPA funds provide direct relief to cities, towns, and villages throughout the country to help offset the negative impacts of COVID-19. The funds can be used for a variety of reasons including:
1. Public Health
2. Negative Economic Impacts
3. Services to Disproportionately Impacted Communities
4. Premium Pay
5. Infrastructure
6. Revenue Replacement
7. Administrative
At your request, we have prepared this proposal to assist the City with ensuring that the projects funded with State and Local Fiscal Recovery Funds (“SLFRF”) are complaint and meet spending requirements. We also understand that the City is interested in better understanding future reporting and compliance requirements. RSG has performed similar services for the City on other funding programs and is well suited to assist on this engagement.
SCOPE OF WORK
The following details the scope of services that RSG is available to perform.
1. Project Compliance – RSG will review the list of projects that the City Council and City staff have identified through its series of workshops to ensure that the projects identified comply with Interim Final Rule issued on May 10, 2021. We will review each of the 37 projects identified and provide any recommendations needed to ensure regulatory compliance.
2. Reporting and Compliance Requirements – The City is required to submit quarterly Project and Expenditure reports through the end of the award period on December 31, 2026. RSG will review the regulatory guidelines and the templates prepared by the Treasury and detail the reporting requirements that the City will need to adhere to. We "Exhibit A"
7.6 Consent Page 18
Josh McDonnell
CITY OF TULARE
November 9, 2021
will also offer suggestions on how to track data to make it easier to prepare quarterly reports.
3. Memorandum – RSG will detail our findings in a memorandum to the City. This can serve a reference guide to ensure compliance as the City moves forward with SLFRF expenditures.
4. Implementation Support (Optional) – RSG is available to provide ongoing support to help ensure compliance during implementation and assist with reporting requirements.
PROJECT TEAM
Ms. Matthews will assume the role of Principal-in-Charge for this engagement. Ms. Matthews will be assisted by Suzy Kim, Director, Cindy Blot, Senior Associate, and additional RSG staff who will be assigned as needed. Staff resumes may be located on our website at https://webrsg.com/meet-team/.
FEE ESTIMATE
RSG proposes to provide the services described in Tasks 1 through 3 of the Scope of Services on a time-and-materials basis not-to-exceed $25,000. Optional services have not been included in the fee amount. If the tasks under the Scope of Services section are substantially changed in the future, RSG will notify the City and request a fee adjustment. RSG will be on hand to provide “on call” services as needed and will bill for these additional services at an hourly rate based on our current compensation rates, as approved by the City.
Our 2021 fee schedule is as follows:
Principal / Director $ 275
Senior Associate 200
Associate 180
Senior Analyst 150
Analyst 135
Research Assistant 125
Technician 80
Clerical 60
Reimbursable Expenses Cost plus 10%
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies.
However, we do charge for messenger services, overnight shipping/express mail costs and
7.6 Consent Page 19
Josh McDonnell
CITY OF TULARE
November 9, 2021
teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended and the hourly rate.
Should you have any questions or concerns regarding this proposal, please do not hesitate to let us know. I can be reached via email at [email protected] or by phone at (714) 316- 2111. We look forward to speaking with you further regarding this project.
Sincerely,
RSG, Inc.
Tara E. Matthews
7.6 Consent Page 20
RESOLUTION 2024-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ALLOCATING AMERICAN RESCUE PLAN FUNDS FROM THE UNITED STATES
GOVERNMENT
WHEREAS, on March 11, 2021, the President of the United States signed into law House Bill 1315, the American Rescue Plan Act of 2021 (ARPA) to provide continued relief from the impact of the Covid-19 pandemic; and WHEREAS, on May 10, 2021, the United States Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds (the "Fiscal Recovery Funds" or CSLFRF), established by ARPA, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to recover from the COVID-19 pandemic; and
WHEREAS, the City of Tulare has been negatively impacted by the COVID-l9 pandemic; and
WHEREAS, the City of Tulare has been awarded a total of $18,024,068 in funding; such funding was received in two tranches; and WHEREAS, the City of Tulare has received the initial funding in the amount $18,024,068 as of September 1, 2022; and
WHEREAS, the United States Department of Treasury has adopted guidance regarding the use of ARPA funds; and
WHEREAS, the City of Tulare, in response to the pandemic, has had expenditures and anticipates future expenditures consistent with the United States Department of Treasury's ARPA guidance; and
WHEREAS, ARPA permits the City to use the Fiscal Recovery Funds to cover eligible costs incurred during the period beginning March 3, 2021, and ending December 31, 2024; and
WHEREAS, the City of Tulare must agree to specific Terms and Conditions set forth by the United States Department of Treasury as part of accepting the funds; and WHEREAS, the City of Tulare, on December 7, 2021, adopted Resolutions 2021- 52 and 2021-58 approving the allocation of $12,351,800 ARPA funds to the following projects:
Project/Program Amount
ARPA Consultant $50,000
Marketing and Social Media $100,000
Set aside for ongoing Pandemic Response $50,000
Courthouse Remodel $1,300,000
7.6 Consent Page 21 ATTACHMENT 3
Resolution 2024-XX
Downtown Façade/Rehabilitation Grant $1,000,000
Downtown Master Plan Update $100,000
Homeless Shelter $2,000,000
Zumwalt Park Refurbishment $5,000,000
Vaccination Incentive $220,000
City Employee One-Time Bonus $681,800
Fire Department Ladder Truck $1,500,000
Dispatch Radio Replacement $350,000
Total Allocation $12,351,800
WHEREAS, the City of Tulare, on February 15, 2022, adopted Resolution 2022- 05 approving the allocation of an additional $4,730,000 in ARPA funds to the following projects:
Project/Program Amount
Police and Fire CAD/RMS Replacement $1,180,000
HWY 99 Water Crossing (International Agri-Center Way) $1,200,000 Financial System Replacement $1,650,000
Live/Recorded/Remote Council Chambers Upgrade $200,000
Tulare Joint Union High School – 50M Pool $500,000
Total Allocation $4,730,000
WHEREAS, the City of Tulare, on September 20, 2022, adopted Resolution 2022-52 approving the allocation of an additional $254,039 in ARPA funds to the following projects:
Project/Program Councilmember Amount
Water Tower Artwork Mederos $7,500
Eden House Sayre $116,539
Elementary School Support Harrell $15,000
Police Explorer Program Harrell $5,000
Grandma’s House Isherwood, $10,000
Mederos $5,000
Family Services of Tulare County Isherwood $15,000
Mission Oak High Engineering Pathway Isherwood $5,000
Tulare Boys and Girls Club Support Isherwood $10,000
Japanese Internment Camp Memorial Sigala, $30,000
Isherwood, $15,000
Mederos $5,000
Historical Museum Support Sigala, $5,000
Isherwood $5,000
Mederos $5,000
Total Allocation $254,039
WHEREAS, the City of Tulare, on February 7, 2023, adopted Resolution 2023-03 approving the allocation of an additional $639,773 in ARPA funds to the following projects:
7.6 Consent Page 22
Resolution 2024-XX
Project/Program Councilmember Amount
New Life Ministries Isherwood $10,000
His Heart Beats Isherwood $5,000
Tulare Boxing Club Isherwood $60,000
Tulare Local Hospital District Mederos, $100,000
Harrell $100,000
Tulare Chamber Incubator Mederos, $25,000
Sayre, $5,000
Sigala, $10,000
Isherwood $5,000
Tulare Boys and Girls Club Mederos $5,000
Encore Theater Assistance Mederos, $5,000
Sayre $5,000
Tulare Baseball Association Mederos, $2,500
Harrell $2,500
Tulare Softball Association Mederos, $2,500
Harrell, $2,500
Sayre, $5,000
Sigala $25,000
Lighthouse Rescue Mission Mederos, $5,000
Sayre $5,000
Salt and Light Mederos, $5,000
Sayre $5,000
National Junior Basketball Mederos $5,000
Sharks Swim Club Mederos, $5,000
Sayre $2,000
AYSO Mederos, $2,500
Harrell $2,500
TYSL Mederos, $2,500
Harrell $2,500
Historical Museum Mederos, $953
Harrell, $2,500
Sayre $2,500
Future Farmers of America Harrell $6,000
Japanese Internment Camp Memorial Harrell, $2,500
Sayre $5,000
Pop Warner Harrell $5,000
Tulare Cemetery District Harrell $5,000
Tulare Hospital & Comm. Health Found. Harrell $5,000
Tulare Downtown Association Harrell $4,100
Tulare Fire Department Harrell $3,500
Happy Trails Riding Academy Harrell $5,000
University of California Tulare 4-H Harrell $5,000
Salvation Army Tulare Harrell $3,853
Boy Scout Troop 251 Harrell $5,000
Family Services of Tulare County Sayre $17,414
7.6 Consent Page 23
Resolution 2024-XX
Veterans Organization Assistance Sayre $5,000
Community Improvement Project Sigala $118,453
Tulare Animal Services Harrell, $6,000
Sayre $10,000
Grandma’s House Sayre $5,000
Total Allocation $639,773
WHEREAS, the City of Tulare, on June 6, 2023, adopted Resolution 2023-20 approving the allocation of an additional $118,453 in ARPA funds to the following projects:
Project/Program Councilmember Amount
Tulare Cemetery District Isherwood $5,000
Tulare Youth Athletic Association Isherwood $25,000
Determined by Mayor Isherwood $23,453
Community Improvement Project* Sigala $93,453
Hispanic Alliance for Culture,
Education, and Recognition (HACER)
Sigala $25,000
Total Allocation $118,453
*A more specific designation must be further identified in future Council action WHEREAS, the original allocation for Community Improvement Project by Councilmember Sigala for $118,453 as approved by Resolution 2023-03, was reduced by $25,000 at the request of Councilmember Sigala, leaving the balance for this project at $93,453. The $25,000 was then allocated to the Hispanic Alliance for Culture, Education, and Recognition (HACER).
WHEREAS, the City of Tulare, on March 5, 2024, adopted Resolution 2024-10 approving the allocation of an additional $118,453 in ARPA funds to the following projects which includes the reallocation of $5,000 from Community Improvement Project to Community Garden Feasibility Study and Renderings:
Project/Program Councilmember Amount
Women’s Clubhouse Structural Study Sayre $10,000
Military Banner Program Brackets Sayre $2,000
Tulare City Historical Society Sayre $500
Community Garden Feasibility Study
and Renderings
Sigala $5,000
Community Improvement Project* Sigala $88,453
Total Allocation $105,953
*A more specific designation must be further identified in future Council action WHEREAS, through the adoption of Resolutions 2021-52, 2021-58, 2022-05, 2022-52, 2023-03, 2023-20, and 2024-10, the City of Tulare has a remaining balance of $116,906 in undesignated ARPA funds (the $88,453 identified by Councilmember Sigala for a Community Improvement Project on the west side of Tulare in Resolutions
7.6 Consent Page 24
Resolution 2024-XX
2023-03, 2023-20, and 2024-10 needs to be more specifically allocated and thus is identified as unallocated funds for this resolution); and WHEREAS, the City of Tulare has analyzed and considered a variety of programs and projects for additional ARPA funding allocations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The City of Tulare is authorized to accept and receive funding under the American Rescue Plan Act (ARPA) and re-verifies that it accepts the total allocation of $18,024,068 of Fiscal Recovery Funds from the United States Department of Treasury.
Section 2. The City Council’s adoption of Resolutions 2021-52 and 2021-58 approving the allocation of $12,351,800 in ARPA funds remains in full force and effect with the reallocation of $25,000 from the previously allocated $100,000 for Marketing and Social Media to the previously allocated $50,000 for ARPA Consultant totaling $75,000 for each category.
Section 3. The City Council’s adoption of Resolution 2022-05 approving the allocation of $4,730,000 in ARPA funds remains in full force and effect.
Section 4. The City Council’s adoption of Resolution 2022-52 approving the allocation of $254,039 in ARPA funds remains in full force and effect.
Section 5. The City Council’s adoption of Resolution 2023-03 approving the allocation of $639,773 in ARPA funds remains in full force and effect with the exception of $118,453 for Community Improvement Project as requested by Councilmember Sigala which was reduced to $93,453 with the adoption of Resolution 2023-20.
Section 6. The City Council’s adoption of Resolution 2023-20 approving the allocation of $55,000 in ARPA funds remains in full force and effect with the exception of $93,453 for Community Improvement Project as requested by Councilmember Sigala which has been reduced to $88,453 with the adoption of Resolution 2024-10 and requires further specificity.
Section 7. The City Council’s adoption of Resolution 2024-10 approving the allocation of $105,953 in ARPA funds remains in full force and effect.
Section 8. This resolution shall take effect upon its adoption by the City Council.
PASSED, APPROVED, AND ADOPTED on this 21st day of May 2024.
TERRY A. SAYRE, MAYOR
7.6 Consent Page 25
Resolution 2024-XX
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
7.6 Consent Page 26
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director of Economic Development and Redevelopment
Agenda Title: Accept Grant from the U.S. Economic Development Administration
RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager or designee to accept a grant award in the amount of $600,000 from the U.S. Economic Development Administration; authorizing the City Manager or designee to execute all necessary grant documents; and authorizing the appropriation of funding necessary to the corresponding revenue budget for the purchase of equipment and supplies for the City of Tulare’s Business Accelerator’s Maker Space.
SUMMARY
On or about July 19, 2023, the City of Tulare submitted an application for grant funding to the U.S. Economic Development Administration under their Economic Adjustment Assistance Program (EAA Program). The EAA Program provides support to communities that are needing to advance economic growth through job creation, promotion of small businesses, and workforce development.
The City’s Application sought grant funding to support the purchase and delivery of essential specialized trade equipment to be housed in the City’s Business Accelerator. An integral part of the success of the Accelerator will be the development of a “Maker Space” inside the new facility to support the business owners and job training opportunities by:
• Providing resident businesses through their lease payments with the space, machinery, and equipment necessary to help with product development and prototyping prior to going to market.
• Providing citizens through membership dues with space, machinery, and equipment necessary to help with concept development.
• Providing job training and instruction to young adults on how to design and produce a product.
On May 7, 2024, staff received notification the EDA has chosen to fund the City of Tulare Business Accelerator Maker Space project in the sum of $600,000 matched by local investment of $210,000. EDA specific grant award conditions required the City to participate in a Non-Federal Match Share contribution for eligible project expenses in proportion to the Federal Share requested for such expenses. Generally, the EDA investment rate will be at 50% but EDA may fund up to 80% of the total project costs based upon the relative needs of the region. EDA made the determination to fund approximately 75% of the City’s total estimated financial need for the Maker Space equipment and supplies.
Item #: 7.7
Consent
7.7 Consent Page 1
The award time period runs from May 1, 2024, through March 31, 2025, at which time staff will be required to submit final reporting to the EDA evidencing the purchase of the equipment. In interim, staff will be required to provide the following updates to the EDA:
o The first reporting deadline of September 2024 will provide a status of the where the City is at with the purchase of the equipment.
o The final report in March 2025, will confirm all equipment has been purchased, the City will provide evidence of such along with proof of matching funds used and request reimbursement from EDA.
o During these reporting periods, the City will update EDA on the parallel efforts of the Accelerator to create jobs working with regional partnerships, outreach efforts on the inclusion of minority/underserved workforce populations, etc.
FISCAL IMPACT & FUNDING SOURCE(S)
EDA specific grant award conditions required the City to participate in a Non-Federal Match Share contribution in the sum of $210,000. By accepting of the Award, the City of Tulare certifies that the Matching Share of the project costs is committed to the project, is not encumbered in any way that would prevent its use for the project and will be available as needed for the project.
LEGAL REVIEW
The City Attorney’s Office has reviewed the applicable Specific Grant Conditions along with any documentation to be executed to grant EDA a security interest in all equipment acquired using grant funding.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution
Reviewed/Approved:
7.7 Consent Page 2
RESOLUTION 2024-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT AWARD IN THE AMOUNT OF $600,000 FROM THE U.S. ECONOMIC
DEVELOPMENT ADMINISTRATION; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY GRANT DOCUMENTS; AND
AUTHORIZING THE APPROPRIATION OF FUNDING NECESSARY TO THE
CORRESPONDING REVENUE BUDGET FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES FOR THE CITY OF TULARE’S BUSINESS ACCELERATOR’S
MAKER SPACE
WHEREAS, the City of Tulare undertook the process of applying for grant funding under the Economic Adjustment Assistance program administered by the Department of Commerce Economic Development Administration; and WHEREAS, the purpose of the grant is specifically for the purchase and delivery of specialized industry equipment and supplies to facilitate the Maker Space within the City of Tulare Business Accelerator; and
WHEREAS, On May 7, 2024, City of Tulare received notification by the Department of Commerce Economic Development Administration that the City of Tulare’s application was accepted, approved and funded in the amount of $600,000 matched by local investment of $210,000; and
WHEREAS, the City of Tulare certifies that the Matching Share of the project costs of $210,000 is committed to the project, is not encumbered in any way that would prevent its use for the project and will be available as needed for the project. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The City Council of the City of Tulare hereby authorizes the acceptance of Economic Development Administration (EDA) Award No.
ED24SEA0G0002 in the amount of $600,000.
Section 2. The City Manager, or designee, is hereby authorized to execute all necessary grant documents to accept the award. Accelerator’s Maker Space.
Section 3. The Chief Financial Officer, or designee, is hereby authorized to make any necessary budget adjustments and/or appropriations to establish an account for the City of Tulare’s Business Accelerator Maker Space project.
7.7 Consent Page 3 ATTACHMENT 1
Resolution 2024-XX
PASSED, APPROVED, AND ADOPTED on this 21st day of May 2024.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
7.7 Consent Page 4
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Consolidated Rail Infrastructure and Safety Improvements Program Grant
RECOMMENDED ACTION
Adopt a resolution authorizing the City of Tulare to apply for a Federal Railroad Administration’s 2025 Consolidated Rail Infrastructure and Safety Improvements Program grant for proposed improvements to the Union Pacific Railroad at-grade crossings of Prosperity Avenue, San Joaquin Avenue, and Cross Avenue; and designate the City Manager or designee as the individual authorized to execute all grant documents on behalf of the City.
SUMMARY
In 2020, the City of Tulare applied for and received funding through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program administered by the Department of Transportation, Federal Railroad Administration (FRA) for CIP Project EN0093 – Prosperity and J Street Improvements. This project would construct safety improvements at the Union Pacific Railroad (UPRR) crossing on Prosperity Avenue, and associated traffic signal improvements at the intersection of Prosperity Avenue and J Street.
As Project EN0093 neared completion of its final design, UPRR identified additional impacts that would result from the project affecting its adjacent crossings at San Joaquin Avenue and Pleasant Avenue. Specifically, proposed changes to the preemption equipment at the Prosperity Avenue crossing could not occur without creating a separate preemption circuit from the one it currently shares with the adjacent crossings. Additionally, modifications affecting the adjacent crossings would trigger further crossing safety improvements at those locations. The additional scope of work identified has an estimated design and construction cost of $4,256,854. The City currently does not have the funding necessary to complete Project EN0093 with the additional improvements identified by UPRR.
FRA is currently soliciting applications for the latest round of funding through the CRISI Program. As with the prior CRISI grant received for Project EN0093, the maximum Federal share of the total costs of the project would be 80%. Staff from FRA has encouraged the City of Tulare to apply for a second grant to help cover the costs associated with the additional improvements identified by UPRR in an effort to avoid having the original grant funded project fail. With the estimated additional design and construction cost of $4,256,854, a successful application would provide additional federal funding in the amount of $3,405,483. The City’s local match would be $851,371. The following table shows grant funding scenarios for the existing project and the proposed project:
Scenario Eligible Costs Federal Share (CRISI) Local Match Existing Project $2,800,000 $2,240,000 $560,000
Additional Improvements $4,256,854 $3,405,483 $851,371
Revised Total Project $7,056,854 $5,645,483 $1,411,371
Item #: 7.8
Consent
7.8 Consent Page 1
FISCAL IMPACT & FUNDING SOURCE(S)
Eligible construction costs associated with Project EN0093 were originally funded through a CRISI Program grant (80%) and gas tax revenues (20%). Should the City apply for a second CRISI Program grant and be successful, eligible construction costs for revised Project EN0093 would be funded through CRISI Program grant funds (80%), and a yet to be determined combination of local transportation funds. It is anticipated that the local transportation funds would be partially comprised of the gas tax revenues programmed for the original project.
EN0093 (Eligible Construction Costs)
Fund 122 – Gas Tax (RMRA) SB1 $ 560,000.00
Fund 993 – CRISI Federal Grant $5,645,483.00
Fund TBD – Additional Local Match $ 851,371.00
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny - Should Council deny the request, staff will not proceed with submittal of an application for additional CRISI grant funding for Project EN0093. This would result in cancellation of the project due to lack of adequate funding to accommodate the revise scope identified by UPRR.
3. Table - The submittal deadline for CRISI Program grant applications is May 28, 2024. The delay caused by tabling the item would not allow sufficient time to meet the submittal deadline.
ATTACHMENTS
1. Resolution
Reviewed/Approved:
7.8 Consent Page 2
RESOLUTION 2024-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AUTHORIZING SUBMITTAL OF A CONSOLIDATED RAIL INFRASTRUCTURE AND
SAFETY IMPROVEMENTS (CRISI) PROGRAM GRANT APPLICATION TO THE
FEDERAL RAILROAD ADMINISTRATION AND NAMING THE CITY MANAGER OR
THEIR DESIGNEE AS THE INDIVIDUAL AUTHORIZED TO EXECUTE ALL GRANT
DOCUMENTS ON BEHALF OF THE CITY
WHEREAS, the Fixing America’s Surface Transportation (FAST) Act Section 11301 authorized the U.S. Department of Transportation’s Federal Railroad Administration (FRA) to make grants available in furtherance of improving passenger and freight rail transportation systems in terms of safety, efficiency, or reliability; and WHEREAS, funding under this Act was made available by the Consolidated Appropriations Act, 2023 and Consolidated Appropriations Act, 2024 to administer the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program; and WHEREAS, in furtherance of this authority, the FRA is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, the City of Tulare desires to obtain grant funding through the CRISI Program to design and construct improvements to the existing at-grade crossings of the Union Pacific Railroad tracks at Prosperity Avenue, Cross Avenue, and San Joaquin Avenue in conjunction with improvements to the adjacent signalized intersection of Prosperity Avenue and J Street, to address pedestrian and vehicular traffic safety concerns; and
WHEREAS, if awarded, the City of Tulare will enter into a Grant Agreement with the FRA for implementation of said Grant(s).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:
Section 1. The City Council of the City of Tulare hereby authorizes the submittal of applications to the FRA for all grants for which the City of Tulare is eligible.
Section 2. This authorization is effective from May 21, 2024, through May 21, 2025.
Section 3. The City Manager, or designee, is hereby authorized and empowered to execute, on behalf of the City of Tulare, all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment necessary to secure grant funds and implement the approved grant project.
7.8 Consent Page 3 ATTACHMENT 1
Resolution 2024-XX
PASSED, APPROVED, AND ADOPTED on this 21st day of May 2024.
TERRY A. SAYRE, MAYOR
ATTEST:
MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
7.8 Consent Page 4
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director of Economic Development & Redevelopment
Agenda Title: Tulare Downtown Master Plan Update
RECOMMENDED ACTION
Adopt the Tulare Downtown Master Plan Update dated April 16, 2024; and authorize staff to move forward with implementation of the final Master Plan Update considering City Council and public input received during the public review of the Draft Plan.
SUMMARY
On April 16, 2024, City Council and the pubic received a presentation by Staff and MIG of the City of Tulare’s Draft Downtown Master Plan Update. Following the presentation, Mayor Sayre opened the discussion for members of the public to comment on the plan. No public comments were received. Following discussion with Council, staff, and MIG, Councilmember Sigala made the following suggestions:
• The City could consider reaching out to Union Pacific Railroad regarding land to use for parking similar to what occurs for the annual Tulare County Fair. • Update parking graphic to show what areas are public parking and what areas are private parking.
• Include an additional strategy that is specific policy or documentation guiding what the City can do regarding things such as placing moratoriums on secondhand stores. • Staff to provide a downtown investments dashboard to show what the City has invested in downtown.
• Add Tulare County as a possible business that can be located downtown in addition to Adventist Health and College of the Sequoias.
Additionally, on May 15, 2024, staff received input from John Harman, CEO of Tulare Downtown Association, recommending some aesthetic changes relating to update and correction of minor clerical errors.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
Item #: 8.1
General Business
8.1 General Business Page 1
ATTACHMENTS
1. Tulare Downtown Master Plan Update
Reviewed/Approved:
8.1 General Business Page 2
Downtown
Master Plan Update
TULARE
April 16, 2024
8.1 General Business Page 3 ATTACHMENT 1
ACKNOWLEDGEMENTS
This Tulare Downtown Master Plan Update is a result of the invaluable input, expertise, and collaboration between many organizations and individuals. It would not have been possible without their assistance, guidance, time, and dedication to the revitalization of downtown Tulare.
Special thanks to:
• Tulare City Council
• Jose Sigala, District 1
• Terry A. Sayre (Mayor), District 2
• Stephen C. Harrell, District 3
• Dennis A. Mederos, District 4
• Patrick Isherwood (Vice Mayor), District 5
• Master Plan Kick-off and networking event attendees
• Community and Stakeholder meeting attendees
• Tulare Downtown Association
• Tulare Chamber of Commerce
• Master Plan Update Working Group participants
• Contributing residents, businesses, private investors, and all interested in seeing downtown Tulare be the best it can be!
Project Team
City of Tulare
Marc Mondell, City Manager
Traci Myers, Executive Director of Economic
Development & Redevelopment
MIG, Inc.
Chris Beynon, Principal-in-Charge
Rick Barrett, Principal/Project Manager
Steven Davidovas, Project Planner
Economic Planning Systems
Jason Moody, Principal
Julie Cooper, Vice President
8.1 General Business Page 4
TABLE OF CONTENTS
Chapter 1: A New Era for Downtown Tulare –
Context and Opportunities
• Introduction
• Planning Context
• Project Area Context
• Goals and Objectives
• Downtown Boundaries and Study Sub-Areas
• Opportunity Sites
• Parking
• Land Use and Zoning
• Economic Analysis
• Opportunities and Constraints
• A New Era for Downtown
Chapter 2: Community and Stakeholder
Engagement
• Introduction
• Meetings
• Engagement Takeaways – Top Priorities
Chapter 3: Strategies and Actions for Downtown
Revitalization
• Introduction
• Potential Strategies
• Public Realm Recommendations for Downtown
• Placemaking Recommendations
• Landscape Recommendations
• Mobility Recommendations
• Gateways and Signage
• Revitalization Summary
Chapter 4: Implementation
• Introduction
• Specific Actions
• Funding Sources
Appendix
• Real Estate Insights/Development Feasibility (EPS)
• Project Examples
5 6
7 9
10 12
13 14
15 17
19 21
22 26
28 30
49 50
52 54
56 58
61 62
64 67
87 8.1 General Business Page 5
CH 1
A NEW ERA FOR DOWNTOWN TULARE –
CONTEXT AND OPPORTUNITIES
8.1 General Business Page 6
Tulare Downtown Master Plan Update 5
The purpose of the Tulare Downtown Master Plan Update is to provide a framework for the revitalization of downtown through public and private reinvestment. Implementation of the Plan will work to re-energize Tulare and provide incentives to redevelop, strengthen, and transform underutilized blocks and areas within the downtown. This Plan strives to serve the immediate needs of downtown Tulare while also providing a dynamic roadmap that outlines the recommended actions for revitalization, priorities, responsible parties, and funding sources that will support the implementation of the Master Plan Update in the coming years.
Information within this chapter includes the planning area context and identification of opportunities within the study area. It also identifies goals and objectives, the boundary of the study and sub-areas, and numerous opportunity sites, as well as an overview of public parking, land use, and zoning. Also included are the key takeaways from the economic analysis, identification of opportunities and constraints, and summary.
Introduction
View looking west over downtown and Zumwalt Park
Chapter 1: A New Era for Downtown – Context and Opportunities
8.1 General Business Page 7
Tulare Downtown Master Plan Update 6
The Tulare Downtown Master Plan Update supports many other planning efforts over past years and decades. This Plan builds upon those efforts and optimizes them to provide the best possible outcomes for the future of downtown Tulare.
Previous and ongoing planning efforts that have been studied and incorporated into the development of the Plan include:
Planning Context
Planning efforts for Downtown Tulare
• 2008 Downtown Tulare Vision 2040
• 2010 Downtown District Parking Study
• 2012 Tulare Transit-Oriented Development Plan
• 2022 Downtown Redevelopment Projects
• 2023-2024 Olympian Square Intersection
• 2023-2024 Proposed updates to Title 10 – Zoning (Tulare Municipal Code) as they relate to the Downtown District
• 2023-2024 Downtown Business Improvement District Guidelines Chapter 1: A New Era for Downtown – Context and Opportunities
8.1 General Business Page 8
Tulare Downtown Master Plan Update 7
Downtown Tulare is in the center of the City of Tulare and is the historic core of the city. The Plan area, highlighted in yellow in the Context Map at right, is about
0.75 miles west of State Highway 99. Direct access to and through downtown is provided by State Highway 137. Downtown includes:
Project Area Context
• An intact street grid of approximately 30 three-acre blocks, anchored by Zumwalt Park
• A mix of street types that provide efficient connections to other parts of Tulare and the region
• A mix of small, medium, and large parcel sizes that allow a greater diversity of businesses
• Continuous sidewalks with shade trees and other streetscape amenities • Historic buildings and public art murals
• Adjacent walkable neighborhoods
• Nearby attractions such as the County Fairgrounds to the south Chapter 1: A New Era for Downtown – Context and Opportunities Context Map
8.1 General Business Page 9
Tulare Downtown Master Plan Update 8
Map of Project Area
The study area for the Plan is approximately 150 acres and includes the Tulare Downtown District, which is defined as the area east of the Union Pacific Railroad, west of O Street, north of Inyo Avenue, and south of Cross Avenue. This area (see Project Area Map at right) includes a mix of uses and many amenities that provide public benefits such as:
Project Area
• Civic facilities include Tulare City Hall, Tulare Police Department, Tulare Public Library, and the US Postal Service office
• Zumwalt Park and the Santa Fe Trail
• Several schools
• Commercial uses including retail, professional services, and offices • Bicycle facilities on M Street leading north of downtown Tulare and access to transit from the Tulare Transit Center
• Multi-family and single family housing
Chapter 1: A New Era for Downtown – Context and Opportunities Project Area Map
8.1 General Business Page 10
Tulare Downtown Master Plan Update 9
The entire study area is approximately 150 acres, but the Plan’s recommendations focus on three sub-areas to concentrate and expedite the transformation of downtown Tulare. These are highlighted on the Sub Area Map at right and include:
A. Historic Downtown/Commercial Corridor
This sub-area focuses on the four-block K Street corridor and extends from Inyo Avenue in the south to San Joaquin Avenue on the north. This sub-area is the historic commercial core and includes Tower Square, the recently renovated Ryan Building, the historic Linder Building, the Elks Building, and the proposed Olympian Square at the intersection of K Street and Kern Avenue.
Downtown Boundaries and
Study Sub-Areas
Chapter 1: A New Era for Downtown – Context and Opportunities Sub-Area Map
A. Historic
Downtown/
Commercial
Core
B. Civic Core
C. North Downtown
8.1 General Business Page 11
Tulare Downtown Master Plan Update 10
B. Civic Core
This sub-area includes City Hall, the Business Accelerator, the Police Department, and Zumwalt Park. The Zumwalt Park Amphitheater is primarily an outdoor concert venue but also includes other amenities such as new playgrounds, a splashpad, lighting, and landscaping. The Business Accelerator will include space for up to 24 startup businesses to grow and eventually mature into fully functioning businesses within the community, as well as a makerspace.
C. North Downtown
This sub-area extends from Cross Street on the north to the Santa Fe Trail on the south and from J Street on the west to O Street on the east. The area includes Sierra High School, the Tulare Transit Center, and the Tulare Public Library and Council Chamber, all connected by the Santa Fe Trail.
Tulare Public Library and Council Chambers (North Downtown) Tulare City Hall (Civic Core)
Chapter 1: A New Era for Downtown – Context and Opportunities
8.1 General Business Page 12
Tulare Downtown Master Plan Update 11
Much work has been completed in downtown Tulare. The Opportunity Map at right highlights those that are completed (blue), in-progress (red), proposed (yellow), and longer-term sites (brown). In-progress projects include those which have already begun to move forward and are no longer conceptual in nature.
Longer term potential opportunities are identified as opportunities that have no funding or implementation timeline yet.
Opportunity Sites
1 4 2
5 6
7 15
8 9
10 11
12 13
14 16
17 3
Current/In Progress
1. Zumwalt Park Amphitheater
2. Business Accelerator
3. Olympian Square
4. Elks Building
5. Multifamily Residential
6. Dog Park
7. Surf Thru Carwash
Proposed
8. Nielsen’s Restaurant
9. Linder Building Community Center
Project
10. L St Vacant Lot
11. Old JC Penney
12. Tower Square and Old Theater
13. K St and King Ave Site
14. Tire Shop on L St
15. Vacant Lot on Santa Fe Trail
16. Transit Center
17. Vacant Lot on O St
Chapter 1: A New Era for Downtown – Context and Opportunities Opportunity Map
8.1 General Business Page 13
Tulare Downtown Master Plan Update 12
The 2010 parking study for downtown Tulare* indicates a total of 3,828 publicly accessible parking spaces, which includes the following:
• Off-street public: 605 parking spaces
• On-street public: 1,130 parking spaces
• Off-street private: 2,093 parking spaces
In addition, there are 262 off-street private residential parking spaces.
Most of the on-street parking in the downtown is parallel parking, although a majority of Kern Avenue and K Street includes diagonal parking. In the future, it may be possible to convert some of the parallel parking to diagonal parking on a block-by-block basis.
*Parking in the downtown has not changed significantly since 2010. Therefore, no new study was conducted for the Tulare Downtown Master Plan Update. While there is no current need for additional parking in the downtown, revitalization efforts may warrant the need for additional surface or structured parking in the future.
Parking
Chapter 1: A New Era for Downtown – Context and Opportunities Parking Map
8.1 General Business Page 14
Tulare Downtown Master Plan Update 13
Land Uses: As of 2010, downtown Tulare included approximately 958,000 square feet of services, retail, and office commercial uses (C-2, C-3, C-4) and approximately 140,000 square feet of institutional uses and 20,724 square feet of church uses.
Zoning: Current zoning in downtown Tulare is shown on the Zoning Map at right. As of 2023, the City is undertaking a zoning code update, which is expected to be completed in mid-2024. The focus of the update is to develop a hybrid zoning ordinance that incorporates a mix of form-based standards, incentives, and commercial zoning standards, as appropriate depending on the area of the city. The code update will also bring zoning into agreement with the 2035 Tulare General Plan.
Land Use and Zoning
(57%) (8%) (9%) (9%) (3%) (14%)
Chapter 1: A New Era for Downtown – Context and Opportunities Zoning Map
8.1 General Business Page 15
Tulare Downtown Master Plan Update 14
Research on recent real estate market trends in the City was conducted during the planning process. This included collecting data from industrystandard sources for the City as a whole, as well as for the downtown.
This research helps set the stage for land use strategies and recommendations. The full study is in the appendix. Key summary pieces from this research are:
Economic Analysis
• Existing downtown building space
consists primarily of office and retail uses
• Building stock is over 50 years old on
average and few buildings have seen
recent renovations
• Trends suggest there is strong local
demand for office space and downtown
could capture some of this demand
• There has been little growth in
downtown retail inventory over the last
10 years
• Vacancy rates are higher in the
downtown than in the greater city limits
(with lower rents)
• More affordable rents provide an entry
point for new small and local businesses
• There are few multifamily units within
the downtown area, with no new
development over the last
10 years
• Average downtown housing rents are
lower than the City and Trade Area,
underscoring low demand for living
downtown, and therefore, for developing
housing downtown
Recent housing development in downtown Tulare
Historic Elks building in downtown Tulare
Chapter 1: A New Era for Downtown – Context and Opportunities
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1. The City’s economic concentration differs from Tulare County Both the City and County have large employers in the healthcare and education sectors with healthcare being a more prominent employer in the County. Major employers in the city are concentrated around agriculture and dairy, while the County has a stronger concentration in the distribution and manufacturing sectors.
2. Downtown faces a weak real estate market
There has been nearly no new development in downtown Tulare, with most new development occurring on the eastern edges of the city and by the Tulare Outlet Mall. The building stock in downtown is on average over 50 years old and has seen few renovations over the last 10 years.
3. Downtown affordability is both an opportunity and a challenge Cheaper office and retail rents offer an opportunity to attract new businesses, especially small and local businesses, but they also accommodate lower-performing businesses. Housing affordability near downtown reflects its older vintage, which may not be as attractive to those seeking a traditional “downtown” lifestyle.
Economic Analysis: Three Takeaways
Flying Taco small business in downtown Tulare
Potential redevelopment site in downtown Tulare
Chapter 1: A New Era for Downtown – Context and Opportunities
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Based on initial analysis of existing conditions, context, and economic factors, there are numerous opportunities and constraints associated with the continued transformation of downtown Tulare which are summarized below and on the following page.
Opportunities
• There is strong political support for the transformation of downtown • The historic downtown is largely intact with great neighborhoods surrounding downtown
• There are motivated local private investors and entrepreneurs • K Street is a robust commercial corridor
• Several downtown transformational projects are currently underway, including Zumwalt Park as the centerpiece and the Business Accelerator • The upcoming zoning code updates and the formation of the Special Benefit Property Assessment District
• Cheaper office and retail rents offer an opportunity to attract new businesses, especially small and local businesses
Opportunities and Constraints
Chapter 1: A New Era for Downtown – Context and Opportunities Walking Tour Opportunities Map
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Tulare Downtown Master Plan Update 17
Constraints
• Downtown is large (150 acres)
• Pass-through concerns due to Highway 137 runs east-west through downtown • Streetscape improvements on Highway 137 may be limited or difficult to implement due to Caltrans control of the right-of-way
• There is limited housing in the downtown area
• There has been nearly no recent new development in downtown Tulare • Shopping centers at Prosperity Avenue and Highway 99 have competed with downtown
• Lighting of downtown sidewalks is not consistent
• Maintenance of streets and sidewalks is minimal outside of the K Street corridor and historic core of the downtown
• There have been no recent downtown public realm improvements including streetscapes and bike facilities
Opportunities and Constraints
Chapter 1: A New Era for Downtown – Context and Opportunities Opportunities and Constraints Map
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Tulare Downtown Master Plan Update 18
Goals and Objectives
The key to downtown redevelopment is providing opportunities and amenities for people, including living, working, eating, recreating, and entertaining. The Tulare Downtown Master Plan Update includes a detailed strategic vision to guide and support downtown revitalization and redevelopment efforts, providing a foundation for implementation and direction for years to come.
The primary objective of the Plan is to build upon predetermined goals and objectives and develop those goals and objectives into a “living” concept and strategic implementation plan. The vision, created with input from citizens and stakeholders, provides for a complete downtown with Zumwalt Park as the focal point. The Plan serves as a tool to evaluate new development projects to ensure that the downtown is the community that the citizens desire it to be. It is envisioned that downtown will become a vibrant, pedestrian-oriented environment filled with experience-oriented niche retail, restaurants, and cultural activities unique to Tulare.
Chapter 1: A New Era for Downtown – Context and Opportunities
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The Tulare Downtown Master Plan Update blends and incorporates existing conditions, community aspirations, and critical analysis into a set of strategies, actions, and recommendations tailored specifically to Downtown Tulare.
The following chapters will summarize community and stakeholder engagement (Chapter 2), provide the key steps to revitalizing Downtown Tulare (Chapter 3), and lay out a path to implementing the Plan (Chapter 4).
The Tulare Downtown Master Plan Update is intended to be a living document that should evolve and change as needed to serve the ultimate purpose of revitalizing Downtown Tulare for years to come.
A New Era for Downtown Tulare
Chapter 1: A New Era for Downtown – Context and Opportunities Zumwalt Park renovation groundbreaking ceremony (November 16, 2023)
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CH 2
COMMUNITY AND STAKEHOLDER
ENGAGEMENT
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Tulare Downtown Master Plan Update 21
The project team engaged with the Tulare community and stakeholders at various points in the process of plan development. The intent of these meetings was to create an open atmosphere where participants with varying viewpoints could listen, be heard, acknowledged, and work together towards the common goal of revitalizing downtown Tulare.
There were four opportunities identified for engagement ranging from initial listening sessions to sharing initial recommendations and emerging concepts.
The four engagement opportunities included:
1. Community Meeting (November 10, 2022)
2. Stakeholders Meeting (November 29, 2022)
3. City Council Meeting (December 6, 2022)
4. Downtown Master Plan Project Committee Meeting (January 31, 2023) Introduction
Site tour and kickoff meeting
Stakeholder meeting
Chapter 2: Community and Stakeholder Engagement
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Members of the public from Tulare joined the project team on November 10, 2022 to provide input with respect to what is working and what is not working within the downtown study area. The Community Meeting Map shown at right was present at the meeting and includes participant feedback that was shared during the session. Key takeaways from the community’s input included:
Community Meeting
• Establish a common visual/aesthetic
theme throughout downtown
• Push to activate vacant buildings
• Consider outdoor dining parklets
• Create opportunities for multi-story
parking structures
• Identify opportunities at Tower
Square
• Provide monthly activities on festival
streets
• Encourage more public art and murals
• Highlight the history of downtown
Tulare
• Support local restaurants and
businesses
• Ensure long-term maintenance is
included in any plans
• Improve wayfinding program
• Continue to develop community
grants for businesses
• Encourage more pedestrian traffic to
safely get to the west side
Comments from the community on the project boundary map from the November 2022 community meeting
Chapter 2: Community and Stakeholder Engagement
Community Meeting Map
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Stakeholders Meeting
Downtown property owners and merchants discussed opportunities for downtown Tulare on November 29, 2022. This meeting was an opportunity for business leaders in downtown Tulare to share what they see as opportunities or challenges to revitalization in the downtown. Key takeaways from the meeting included:
• Increase downtown outdoor events
• Identify Tower Square opportunities
• Increase street and sidewalk lighting
• Expand niche retail including food
incubators
• Address homelessness concerns
• Take advantage of social media
• Expand marketing advertisement to
recruit tenants
• Brainstorm with developers to find
solutions and new ideas
• Expand the mural program
Excerpt of comments from stakeholders at the
November 2022 stakeholders meeting
Chapter 2: Community and Stakeholder Engagement
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Tulare Downtown Master Plan Update 24
City Council Meeting
The City Council convened on December 6, 2022 to hold a special meeting (study session) to receive updates on the status of the Downtown Master Plan Update. This meeting also included an interactive exercise that allowed Council members to provide direction and input on the downtown study area. Key takeaways from the meeting included:
• Locate focused housing opportunities
on key sites to establish a critical
mass
• North of Santa Fe Trail is a good place
for housing and businesses
• Expand theme of the downtown to
attract people (perhaps historical or
agriculture)
• Improve branding in collaboration
with the historical society
• Create opportunities for business
incubators and catalysts for working
downtown
• Maintain the history and uniqueness
of downtown
• Attract more people to the
downtown to increase investment
• Find a role for the arts
Excerpt of comments from City Council at the
December 2022 special meeting (study session)
Chapter 2: Community and Stakeholder Engagement
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Tulare Downtown Master Plan Update 25
Downtown Master Plan Project
Committee Meeting
The Downtown Master Plan Project Committee convened on January 31, 2023 to receive updates on the status of the Downtown Master Plan Update. This meeting also included an interactive exercise that allowed members of this committee to provide direction and input on the downtown study area. The Community Meeting Map shown at right was present at this meeting and includes committee members’ feedback shared during the meeting. The following is a summary of the key takeaways from the meeting:
• A food incubator would make Tulare
unique and support other downtown
businesses
• Consider historic preservation and an
historic district to provide benefits to
owners who renovate
• Market the downtown to larger
employers to create a critical mass
• Ensure good land uses for an active
downtown
• Interested in spas, salons, and similar
uses for attracting consumers
• Clarify Chamber of Commerce’s role
in managing and monitoring the
quality of businesses
• Work with property owners to revisit
special taxing district in the
downtown
• Recommend street tree and street
light improvements
Comments from the Downtown Master Plan Project Committee Meeting on the project boundary map from January 31, 2023 Chapter 2: Community and Stakeholder Engagement
Project Committee Meeting Map
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Tulare Downtown Master Plan Update 26
Encourage catalyst
redevelopment
Create a cohesive “theme” for
the downtown with streetscape,
landscape, wayfinding, and
branding
Explore additional community and
regional partnerships
Support local businesses and
residents
Develop a food incubator/food hall with local
agricultural connections
Chapter 2: Community and Stakeholder Engagement
Engagement Takeaways –
Top Priorities
The overall key themes at right emerged from an
analysis of all community and stakeholder
engagement. These serve to set the stage for the
revitalization chapter of the Plan as reminders of the
top priorities and opportunities seen by the
community, key stakeholders, the City Council, and
the project committee.
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CH 3
STRATEGIES AND ACTIONS FOR
DOWNTOWN REVITALIZATION
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Tulare Downtown Master Plan Update 28
The project team developed the following strategies and actions for downtown revitalization based on the context and opportunities within the study area (Chapter 1) and also with direct input from the community and stakeholders (Chapter 2). Strategies and actions for revitalization include a focus on catalytic sites that can expedite transformation; strengthen local community partnerships; incorporating diverse uses that complement downtown Tulare; developing connections with Tulare’s agricultural heritage including food incubators and food markets; and pursuing of creative funding and investment opportunities. Additionally, this chapter includes recommendations for public realm improvements including placemaking, landscape, mobility, and gateways and signage.
Introduction
Examples of landmarks and public art in Tulare
Chapter 3: Strategies and Actions for Downtown Revitalization
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Tulare Downtown Master Plan Update 29
The strategies and actions for downtown revitalization complement the numerous projects currently underway that are providing the momentum and catalyst for continued positive change. These include the renovation of Zumwalt Park; the creation of the Tulare Business Accelerator program; the Santa Fe Trail Dog Park; Tulare Business Incentive Programs; updates to the Downtown Zoning Code; the formation of a Special Benefit Assessment District; the development of Olympian Square at the intersection of Kern Avenue and K Street; and development of new Marketing and Branding materials to
communicate the City’s focus on economic development in concert with the ongoing revitalization efforts occurring citywide.
Proposed Tulare Business Accelerator concept
Chapter 3: Strategies and Actions for Downtown Revitalization
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Tulare Downtown Master Plan Update 30
The City of Tulare has already initiated several
successful revitalization efforts and projects.
Based on community input, market
assessment, and existing conditions in
downtown Tulare, the strategies at right are
recommended for the continued focused
revitalization of downtown Tulare. Further
information about each strategy is located on
the following pages.
Potential Strategies
Chapter 3: Strategies and Actions for Downtown Revitalization Strengthen Community
Partnerships
Develop Food Incubator/Indoor
Market with Agriculture
Connection
Include a Diversity of
Uses
Focus on Catalyst
Sites
Pursue Creative Funding and
Investment
1 4
2 5
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There are already several projects underway and completed that are initiating the revitalization of downtown Tulare. These privately led initiatives include the EJ Ryan Building (138-140 K Street), tap room and mixed use (148 K Street), and the Elks Building (124–130 Kern Avenue). Other key projects being led by the City of Tulare include the Zumwalt Park and Business Accelerator projects.
To continue the revitalization of downtown Tulare, the Plan recommends focusing on the following additional catalyst sites:
a. Nielsen’s Restaurant
b. Vacant Lot at 213 K Street (Old Theater)
c. Santa Fe Trail Housing
d. Linder Building
These sites have been identified for targeted city investment due to their availability, location, and ability to support the objectives of the Plan.
1. Focus on Catalyst Sites
Chapter 3: Strategies and Actions for Downtown Revitalization Vacant Lot at 213 K St
Nielsen’s Restaurant
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Tulare Downtown Master Plan Update 32
The project team developed illustrative financial models to simulate the economics of the catalyst site development concepts. These “pro forma” models provide the City with high-level estimates of the costs of such projects and likely achievable revenues and are included in the Appendix of this report. As modeled, the concepts would face some financial challenges under current market conditions. These include many of the issues highlighted in the Economic Analysis in Chapter 1, including:
• High costs for materials, labor, and financing associated with new build projects in current market
• Relatively low achievable rents as downtown market continues to mature • Low demand for certain land uses such as rental housing Catalyst Sites – Development Considerations
Chapter 3: Strategies and Actions for Downtown Revitalization View looking west towards Tulare City Hall and Zumwalt Park
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There are several options the City may pursue to address these challenges and support development at the catalyst sites. These include:
• Public participation in the project, through land acquisition, site preparation, and/or direct grants*
• Reducing costs through lower parking requirements or waiver of City fees
• Increasing density allowance to increase project efficiency • Allowing flexibility in the mix of land uses on the sites (e.g., allowing for horizontal mixed-use instead of vertical mixed-use) • Partnering or supporting developments that can utilize federal and State funds, such as Low-Income Housing Tax Credits (for affordable housing projects) or New Market Tax Credits (for business development in low-income communities).
• A phased approach to development of the catalyst sites (as detailed above), to allow for the downtown market to further mature while still serving the needs of downtown residents, employees, and visitors
While the above strategies would not guarantee the development of the exact concepts envisioned in the Plan, they would signal to the developer community the City's strong interest in
redevelopment at these sites and its willingness to be a partner in actualizing that redevelopment.
Catalyst Sites – Development Considerations
Chapter 3: Strategies and Actions for Downtown Revitalization *Such public participation can involve additional factors, such as a requirement to use prevailing wage labor on any project. Additionally, any sale of publicly owned land would need to comply with California’s Surplus Land Act (Gov. Code, §§ 54220-54234).
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Tulare Downtown Master Plan Update 34
The former Nielsen’s Restaurant at 137 M Street, including the adjacent Civic Affairs building, is an ideal site to continue the revitalization of downtown Tulare. The site is approximately 1.1 acres and is adjacent to Zumwalt Park and City Hall. The long-term vision for redevelopment of this site could include housing and office above ground-floor commercial. A financial pro forma is in the appendix. While this long-term vision is seen as challenging based on current market conditions, the following changes have the potential to improve feasibility:
Catalyst Sites — Nielsen’s Restaurant Site
Chapter 3: Strategies and Actions for Downtown Revitalization Existing condition (above) and proposed long term vision (below) for the Nielsen’s site • Lower construction costs
• Lower parking requirements
• Higher density allowance
• Fee waivers
• Higher market rents (as the
market matures)
• Uses that can tap into diverse
funding sources (e.g.,
affordable housing)
• Other financial incentives from
the City
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Catalyst Sites — Nielsen’s Restaurant Site Financial Pro Forma Chapter 3: Strategies and Actions for Downtown Revitalization Notes:
• Assumes the city would pay
for land acquisition and site
preparation, and that project
would use prevailing wage for
construction labor.
• Rents are based on new
projects across Eastern Tulare
County, not only downtown
Tulare.
• No tenant improvement costs
included in construction costs,
as such costs are assumed to
be minimal for this concept.
• Model is based on stabilized
occupancy and does not
account for costs associated
with absorption period.
Inputs Residential Office Retail Total Concept
Program
Units or Square Feet 24 14,737 7,692
Parking Spaces 46 42 35 123
Development Costs
Construction Costs $4,901,175 $3,868,538 $2,019,038 $10,788,750 Per sq. ft. $288 $263 $263
Parking Costs $35,000 per space $1,610,000 $1,470,000 $1,225,000 $4,305,000 Soft Costs 20% of hard costs $1,329,635 $1,095,108 $676,208 $3,100,950 Impact Fees 2.5% of hard costs $166,204 $136,888 $84,526 $387,619 Financing 3.4% of hard and soft costs $223,960 $184,457 $113,899 $522,316 Developer Fee 4.0% of all costs $334,719 $275,680 $170,227 $780,625 TOTAL COST $8,565,694 $7,030,670 $4,288,896 $19,885,260 Development Value
Gross Rental Income $359,328 $290,909 $216,150 $866,387 Per sq. ft. $1.88 $1.93 $2.75
(Minus Vacancy) 5.0% of gross revenue ($17,966) ($14,545) ($14,545) ($47,057) (Minus Operating Expenses) ($125,765) ($5,818) ($5,818) ($137,401) % of Gross Revenue 35.0% 2.0% 2.0%
Total Annual NOI $215,597 $270,545 $195,786 $681,929
Yield on Cost 5.50% 6.00% 6.00%
CAPITALIZED VALUE $3,919,942 $4,509,090 $3,263,106 $11,692,137 FINANCIAL SURPLUS/(GAP) ($4,645,752) ($2,521,581) ($1,025,790) ($8,193,123) Assumptions
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Tulare Downtown Master Plan Update 36
Chapter 3: Strategies and Actions for Downtown Revitalization Proposed long term vision for the Nielsen’s site
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Tulare Downtown Master Plan Update 37
Chapter 3: Strategies and Actions for Downtown Revitalization As an interim solution to more immediate needs, the Nielsen’s site could become a supportive use to the Zumwalt Park
Amphitheater and other park functions. This temporary use would include surface parking for access to the park, as well as direct mid-block access from that parking area into Zumwalt Park. There is also an opportunity for supportive food, drink, and retail uses which could include indoor/outdoor short-term structures designed to operate on a limited or flexible basis.
This concept serves as an implementation strategy for the phasing into the long-term vision for the Nielsen’s site. This concept could be a publicly-led effort with support from developer partners as a step toward creating conditions that would shift the market into being more favorable for the longterm development vision shown on the previous pages.
Catalyst Sites — Nielsen’s Restaurant Site
Examples of interim use outdoor markets: BLVD in Montebello (left) and Quartyard in San Diego (right) Proposed interim vision (above) for the Nielsen’s site and examples (below) of similar projects
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Tulare Downtown Master Plan Update 38
Chapter 3: Strategies and Actions for Downtown Revitalization Proposed interim vision for the Nielsen’s site
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Tulare Downtown Master Plan Update 39
The vacant lot at 213 K Street (old theater site) is part of the Tower Square area. The theater was active from 1977 until 1998 and repurposed for other non-theater uses until the building became vacant in 2020. The site is on the north side of the Tower Square area and is approximately 12,000 square feet. Proposed redevelopment of the site could include a permanent location for a food market that could spur transformation on the north end of K Street. Further examples of this type of public market and a financial pro forma analysis are included in the appendix.
Overall feasibility can be impacted by several inputs such as tenant improvement costs that depend on level of finish and utility needs, achievable rents for target tenants, and operating expenses and programming.
Catalyst Sites — Vacant Lot at 213 K Street
Chapter 3: Strategies and Actions for Downtown Revitalization Existing conditions at 213 K Street
Glendora Public Market (example)
San Luis Obispo Public Market (example)
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Tulare Downtown Master Plan Update 40
Catalyst Sites — Vacant Lot at 213 K Street
Chapter 3: Strategies and Actions for Downtown Revitalization Notes:
• No land or site costs are included in the analysis, as site is already owned and cleared.
• Assumes no new parking developed, and that patrons would use existing Tower Square parking.
• Several model inputs can range significantly* and impact overall feasibility, including:
• Tenant improvement costs: Depends on level of finish, utility needs, etc.
• Achievable rents: Depends on target tenants (e.g., established restaurants vs. new businesses)
• Operating expenses: Depends on level of operator
involvement/programming
*Model attempts to illustrate a concept in the middle of the range.
Inputs Food Hall
Program
Units or Square Feet 10,000
Parking Spaces Required 64
Development Costs
Construction Costs $225 per gross bldg. sq. ft. $2,250,000 Tenant Improvement Costs $25 per rentable sq. ft. $208,750 Soft Costs 20% of hard costs $511,750
Impact Fees 3.5% of hard costs $89,556
Financing 3.4% of hard and soft costs $86,902
Developer Fee 4.0% of all costs $129,878
TOTAL COST $3,276,836
Development Value
Gross Rental Income $1.50 per rentable sq. ft. $150,300 (Minus Vacancy) 5.0% of gross revenue ($7,515)
(Minus Operating Expenses) 10.0% of gross revenue ($15,030) Total Annual NOI $127,755
Yield on Cost 6.25%
CAPITALIZED VALUE $2,044,080
FINANCIAL SURPLUS/(GAP) ($1,232,756)
Assumptions
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Tulare Downtown Master Plan Update 41
Chapter 3: Strategies and Actions for Downtown Revitalization Potential food hall/market concept at the 213 K Street site (old theater)
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Tulare Downtown Master Plan Update 42
The two large vacant blocks between M Street and O Street on the south side of Santa Fe Railroad Trail is a great opportunity to bring housing into downtown Tulare. The two blocks are
approximately 2.5 acres total and are bisected by N Street. The site offers immediate access to the Santa Fe Trail and the proposed dog park.
As depicted in the graphic to the right, a proposed development could include approximately 44 units with tuck-under parking, landscaping, open space, and one children’s play area per block. It is modeled based on the recent residential project on the northwest corner of M Street and San Joaquin Avenue, one halfblock south.
Catalyst Sites — Santa Fe Trail Housing
Chapter 3: Strategies and Actions for Downtown Revitalization Potential long-term development
Recent housing development in downtown Tulare
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Catalyst Sites — Santa Fe Trail Housing
Chapter 3: Strategies and Actions for Downtown Revitalization Notes:
• Land acquisition cost is based on most recent sale of the property and does not reflect current market value
for land in the area.
• Sale prices are informed by sales of new homes across Eastern Tulare County, not only downtown Tulare.
• Model is based on stabilized occupancy and does not
account for costs associated with absorption period.
• Project as modeled appears economically feasible but
increases in any factor—particularly land costs—would
impact feasibility.
Inputs Residential Total Residential Per Unit
Program
Site Acres 2.2
Residential Units 1,350 gross sq. ft. per unit 44 1
Parking Spaces
Tuck Under 92 2
Surface Parking 20 0.5
Total Parking 112 2.5
Development Costs
Land Acquisition $45,000 $1,023
Site Costs $10 per sq. ft. $984,213 $22,368
Construction Costs $134 per sq. ft. $7,930,645 $180,242 Surface Parking Costs $5,000 per space $100,000 $2,273
Soft Costs 20% of hard costs $1,802,972 $40,977
Impact Fees $14,872 per unit $654,381 $14,872
Financing 2.7% of hard and soft costs $315,486 $7,170
Developer Fee 4.0% of all costs $473,308 $10,757
TOTAL COST $12,306,005 $279,682
Development Value
Gross Sales Revenue $223 per sq. ft. $13,246,200 $301,050 (Minus Marketing & Commissions) 5.0% of gross revenue ($662,310) ($15,053) TOTAL VALUE $12,583,890 $285,998
FINANCIAL SURPLUS/(GAP) $277,885 $6,316
Assumptions
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Tulare Downtown Master Plan Update 44
The Linder Building at the corner of K Street and Kern Avenue (164 K Street) is the site of the former Linder Hardware. The building was constructed in 1884 and is an iconic building in downtown Tulare. The current building owner is proposing to partner with a variety of retail, educational, and faith-based tenants to provide activities and events for the public every day of the week.
The adaptive reuse of the building is being proposed by the owners as a community center project that will include a BBQ bistro or upscale bakery, medium and large meeting rooms, a charter school program or afterschool program, rooftop pickle ball courts, and a venue for Sunday morning church services.
Catalyst Sites — Linder Building Community Center
Chapter 3: Strategies and Actions for Downtown Revitalization Linder Building Community Center renderings (above and below) provided by Radiant Church
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Tulare Downtown Master Plan Update 45
There is an opportunity to attract quality businesses that appeal to residents and tourists. There are potential medium or large organizations which could operate satellite or specialized facilities within the downtown. There are currently no higher education or healthcare facilities located in the downtown.
• Identify employer partner to bring workers downtown, creating daytime activity such as:
• College of the Sequoias
• Healthcare Providers
• Continue to provide financial support in renovating building stock, particularly for desired uses such as restaurants.
2. Strengthen Community Partnerships
Adventist Health Campus in Tulare
College of the Sequoias in Tulare
Chapter 3: Strategies and Actions for Downtown Revitalization
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Tulare Downtown Master Plan Update 46
3. Include a Diversity of Uses
Support investment in a mix of real estate uses and placemaking. A diverse range of uses works to support revitalization by providing an opportunity for residents, employees, employers, and visitors to support a variety of business types. This could happen within individual buildings (vertical mixed-use) or between adjacent buildings on the same parcel (horizontal mixed-use). Some additional strategies to incentivize a greater diversity of uses are:
• Update and enforce building codes to drive investment in deteriorating structures (or incentivize sales of those buildings).
• Partner with the Chamber of Commerce and property owners to create spaces for business incubator “graduates” to locate in downtown. • Identify potential vacant buildings that could support a call-center used to bring large numbers of people to work in the downtown. • City may offer incentives for adding second story housing in existing downtown buildings such as the Elks Building, JCPenney Building, EJ Ryan Building, lofts at 151 K St, or others which have an existing upper floor.
Downtown Business Accelerator
K Street Building Rehabilitation
Chapter 3: Strategies and Actions for Downtown Revitalization
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Tulare Downtown Master Plan Update 47
With the historic prominence of agriculture in the Tulare area, there is significant opportunity to strengthen the connection between agriculture, food, and downtown Tulare. In addition, the Tulare International Agri-Center is located less than three miles southeast of downtown Tulare. The Agri-Center is the site of the annual World Ag Expo, which draws over 1,200 exhibitors and 100,000 visitors from around the world.
The connection could combine users of the Business Accelerator building adjacent to City Hall with food and cooking classes featuring the local food products, as well as the cuisine of Tulare’s immigrant population; and building space opportunities such as the Linder Building and the proposed adaptive reuse of the vacant lot at 213 K Street (old theater site).
4. Develop Food Incubator/Indoor Market with Agriculture Connection
World Agriculture Expo
Tulare Agriculture Complex
Chapter 3: Strategies and Actions for Downtown Revitalization
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Tulare Downtown Master Plan Update 48
5. Pursue Creative Funding and Investment
Tulare has a recent and successful history of securing funding that is spearheading downtown redevelopment. The pursuit of creative funding resources should continue with the following strategies and opportunities:
• Consider land-based financing tools and public-private partnerships including:
Community Facilities Districts (CFD), Enhanced Infrastructure Financing Districts (EIFD), and Property and Business Improvement Districts (PBID) • Continue to utilize and provide information on grant funding opportunities (e.g., Disadvantaged Communities investment program)*
• Disadvantaged communities in California are specifically targeted for investment of proceeds from the State’s Cap-and-Trade Program. These investments are aimed at improving public health, quality of life, and economic opportunity in California’s most burdened communities, and at the same time, reducing pollution that causes climate change. • Explore uses that can tap into federal funding tools, such as LowIncome Housing Tax Credits and New Market Tax Credits. *See Chapter 4: Implementation for additional funding opportunities SB 535 Disadvantaged Communities 2022
Chapter 3: Strategies and Actions for Downtown Revitalization Downtown Master Plan Area
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Tulare Downtown Master Plan Update 49
Downtown Tulare has a robust public realm. The public realm includes streets, sidewalks, alleyways, trails, and parks. The recommendations in this section are intended to work in conjunction with private investment to attract and retain more people in downtown Tulare. The following pages provide an overview of recommendations for the future revitalization of downtown Tulare. These recommendations are based on the momentum of existing conditions in Tulare with respect to the following:
Placemaking: Public spaces that improve urban vitality and promote happiness and well-being.
Landscape: Trees, plants, and other greenery which provides aesthetic appeal and shade to the downtown.
Mobility: How people get around, providing options for those who drive, walk, ride, or take transit into the downtown.
Gateways and Signage: Providing the first point of contact between visitors and downtown Tulare, ensuring that key destinations are easy to find.
Public Realm Recommendations
Chapter 3: Downtown Revitalization
Zumwalt Park Summer Concert
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Downtown Tulare currently has numerous features that contribute to placemaking. Placemaking means creating interesting, vibrant and active places. It focuses on transforming public spaces to strengthen the connections between people and these places. Current placemaking features in downtown Tulare include streetscape improvements such as brick-paved sidewalks and crosswalks, seating areas, historic-themed lighting, and street trees, as well as historic buildings and their adaptive reuse, unique shops and restaurants, outdoor markets and events, alleyways and plazas, and a significant number of outdoor murals.
Recommendations for strengthening placemaking in downtown Tulare include streetscape improvements such as new and upgraded lighting (for aesthetics and safety), additional street trees, and landscaping. Additional improvements could include wayfinding and signage, additional outdoor murals, and creation of a Tulare self-guided mural walking tour.
Placemaking Recommendations
Zumwalt Park Amphitheater (2024 Opening)
K Street Midblock Alley
Chapter 3: Downtown Revitalization
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Placemaking: Outdoor Events Placemaking: Outdoor Murals Placemaking: Shaded Seating Areas Placemaking: Unique Seating Areas and Plazas Chapter 3: Downtown Revitalization
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Graphics/Images
Street trees and park trees in downtown Tulare contribute to the overall aesthetic of the downtown area, as well as providing important shade and lessening the affects of urban heat island. Street trees are generally planted in sidewalks, parkway strips, and in open spaces such as Zumwalt Park.
Efforts should be made to plant additional street trees to create a more complete urban forest and replace aging and unhealthy trees with lower maintenance and less water-consuming trees as well as include new trees that offer seasonal interest such as fall color and flowering trees.
In addition, ground plane landscaping in open tree planting areas should be provided as well as container planting.
Landscape Recommendations
Zumwalt Park Playground
Mature and Notable Trees in Tulare
Chapter 3: Downtown Revitalization
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Landscape: Robust Planting at Intersections Landscape: Cohesive Street Tree Canopy Landscape: Tree-lined Walkways and Promenades Landscape: Planted Medians Chapter 3: Downtown Revitalization
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The street network in downtown Tulare takes up a significant amount of land area and contains a variety of streets that provide access to local amenities, housing, and City services. These streets provide opportunities for movement as well as spaces for people to enjoy their community. Streetscape improvements should be undertaken throughout the downtown in accordance with any future branding designs and decisions. Downtown streetscapes should prioritize safe, comfortable, vibrant, and pleasant environments and should consider all transportation types including public transit and last-mile connections. Wide sidewalks for increased pedestrian activation and ample placemaking opportunities are desirable near commercial uses, as well as flexible streets that can be closed for special events. There is opportunity for additional bike lane connections into surrounding neighborhoods.
Mobility Recommendations
Tulare Transit Center
Public sidewalk on K Street in Downtown Tulare
Chapter 3: Downtown Revitalization
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Graphics/Images
Mobility: Safe last-mile connections for cyclists and pedestrians Mobility: Sidewalk adjacent to potential redevelopment site Mobility: Improved intersection with curb extensions, bollards, and decorative paving Mobility: Temporary street closure for special event
Chapter 3: Downtown Revitalization
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Key entrances into downtown provide opportunities to celebrate and enhance the community’s identity. Signage and wayfinding at these areas can celebrate and enhance the identity of the downtown. Lighting and landscaping should also be used in conjunction with a signage and wayfinding program to enhance and highlight visibility and importance for visitors and locals. Wayfinding can also take the form of intersection treatments that provide an inviting approach into the area to those arriving by car, bike, foot, or transit. There is also an opportunity to provide directional signage towards the downtown and its attractions and businesses from nearby highways and major thoroughfares.
Gateways and Signage Recommendations
Tower Square Gateway Sign
Chapter 3: Downtown Revitalization
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Tulare Downtown Master Plan Update 57
Gateways and Signage: Downtown Tulare banner on historic streetlight Gateways and Signage: Example of a Downtown Wayfinding Program Gateways and Signage: Tulare water tower
Gateways and Signage: Downtown Tulare Olympian Square Concept Chapter 3: Downtown Revitalization
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Tulare Downtown Master Plan Update 58
Key strategies and actions for downtown revitalization include recommendations for redevelopment of four key downtown sites:
1. Redevelop the former Nielsen’s Restaurant site adjacent to Zumwalt Park into a two- to three-story building with a variety of uses including ground floor retail, housing, and the possible relocation of the Tulare Historical Museum.
2. Construct a new 10,000 square foot building on the site of the former theater at 213 K Street that would include a food market that could spur transformation on the north end of K Street.
3. Develop new multi-family housing on the two large vacant blocks adjacent to the Tulare Library between M Street and O Street on the south side of Santa Fe Railroad Trail. The site is approximately 2.5 acres and would provide approximately 44 homes with immediate access to the Santa Fe Trail and the proposed dog park.
4. Support the adaptive reuse of the historic Linder Building at the corner of K Street and Kern Avenue to include a BBQ bistro or upscale bakery, medium and large meeting rooms, a charter school program or after-school program, rooftop pickle ball courts, and a venue for Sunday morning church services.
Revitalization Summary
Chapter 3: Downtown Revitalization
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Additional recommendations include strengthening partnerships with College of the Sequoias and local healthcare providers to bring more jobs and people to downtown, focus on attracting a diversity of uses to appeal to Tulare’s diverse population, strengthen the connection to Tulare’s agriculture heritage around food and farm-to-table dining, and the pursuit of creative funding and investment opportunities.
Complementing the above recommendations for attracting people and jobs to downtown are suggestions for public realm improvements including placemaking, landscape, mobility, and gateways and signage.
These ideas forge a path forward for a new era of Downtown Tulare and represent the collective voices of the downtown community and stakeholders.
Chapter 3: Downtown Revitalization
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CH 4
IMPLEMENTATION
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Tulare Downtown Master Plan Update 61
This chapter outlines the actions for revitalization, priorities, and funding sources that support the implementation of the Downtown Master Plan. Due to ever-evolving economic conditions and trends, it will be necessary to revisit this chapter over time. The tools and resources in this chapter are selected with an understanding that some amount of long-term flexibility is required to accommodate revitalization of downtown Tulare.
Revitalization will require both public and private investment and coordination as well as sustained effort from City staff to identify future opportunities for funding. Any public improvements should be carefully aligned with immediate needs and opportunities and should allow for private financing approaches whenever possible.
Introduction
Welcome to Tulare mural
Chapter 4: Implementation
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Specific Actions
Strategy Action Steps
1. Redevelop catalyst sites in the downtown a. Identify catalyst intersections and/or buildings for targeted city investment including possible acquisition or public-private-partnerships (P3)
2. Foster community partnerships that attract
quality businesses
a. Identify employer partner to bring workers downtown, creating daytime activity (such as College of the Sequoias, healthcare providers, call center, etc.)
b. Continue to provide financial support in renovating building stock, particularly for desired uses such as restaurants
3. Support placemaking through mixed-use real
estate
a. Update and enforce building codes to drive investment in deteriorating structures (or incentivize sales of those buildings)
b. Partner with the Chamber of Commerce and property owners to create spaces for business incubator “graduates” to locate in downtown
4. Create a food incubator/indoor market in the
downtown that supports local small businesses
and the agricultural community
a. Identify organizational partners which can work with the City to support the development of a food incubator building.
5. Pursue creative funding resources and
strategies
a. Consider land-based financing tools and public-private partnerships (CFD, EIFD, PBID) b. Continue to utilize and provide information on grant funding opportunities (e.g., Disadvantaged Communities investment program)
c. Explore uses that can tap into federal funding tools Chapter 4: Implementation
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Specific Actions
Strategy Action Steps
6. Continue to pursue planning efforts in
support of downtown revitalization
a. Construct the Olympian Square gateway arch and develop a plan for additional future gateway arch entries into downtown
b. Consider a Street Tree, Lighting, and Site Furnishing Master Plan for the downtown c. Consider a Wayfinding and Signage Master Plan for the downtown d. Consider a Downtown Pedestrian Facilities Plan which looks at extending the intersection and pedestrian improvements which were done on K Street into other areas of downtown (such as surrounding the renovated Zumwalt Park)
e. Consider a Downtown Bicycle Facilities Master Plan to identify connections and strategies for maximizing active transportation options to the downtown Chapter 4: Implementation
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Specific funding for implementation items or projects in the downtown would be determined on a case-by-case basis and could be carried out through initiatives by the City of Tulare, property owners, businesses, associations, and the community.
This list provides an overview of different funding sources that may be used in the implementation of the Tulare Downtown Master Plan. City staff will continue to monitor and pursue grant funding opportunities.
Funding Sources
Funding Source Description
Special Assessment
Districts
Special assessments are non-ad valorem amounts levied on a per parcel basis that may encompass annual charges for a variety of items including charges for services, improvement district charges, 1915 Act special assessments, Mello-Roos community facilities district special taxes, other voter-approved special taxes, special benefit assessments, and fees.
Business/PropertyBased Business
Improvement District
(BID)
A defined area within which businesses are required to pay an additional fee to fund projects within the District’s boundaries.
California Investment
and Economic
Development Bank
I-Bank’s Infrastructure State Revolving Fund (ISRF) Loan Program provides financing to public agencies and non-profit corporations for infrastructure and economic development projects.
Capital Improvement
Projects
Includes identifying and securing funding, budgeting,
scheduling, Planning, design, and construction management of city infrastructure projects. Managed by City of Tulare Engineering Department.
Community Facilities
Districts (CFDs)
A special financing district formed by a local government agency or property owner that defines a geographic boundary for the purpose of funding various capital improvements and ongoing services within that boundary. CFDs require a two-thirds vote of property owners if there are no more than 12 registered voters living within the proposed district. More than 12 registered voters living in the proposed district requires a two-thirds vote of registered voters. The CFD can fund a multitude of capital projects including parks, schools, libraries, childcare facilities, and other public infrastructure improvements.
Chapter 4: Implementation
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Funding Source Description
Low-Income Housing Tax
Credits (LIHTC)
Approximately $9 billion in annual budget authority from HUD is available to issue tax credits for acquisition, rehabilitation, or new construction of rental housing targeted to lower-income households.
Other funding sources
including Local, State,
and Federal Loans and
Grants
There are many regional, state, and federal programs that distribute grant funds for public improvement projects. Funds are typically awarded through a competitive process. These funding sources may fund affordable housing, public
improvements, major street improvements, stormwater
treatment areas, improvements to transit access, biking and walking paths, public plazas, and other public facilities. The following grants are provided as examples:
• Federal/State Regional Surface Transportation Program (RSTP) under the Surface Transportation Grant Program
(STGP)
• Urban Greening Program under the California Natural
Resources Agency
• Community Development Block Grant (CDBG)
• Home Investment Partnership Program (HOME)
Funding Source Description
Tax Increment Financing
Districts (TIFDs)
Establishment of a TIFD requires support from policymakers and the local community. Tax increment is defined as the growth in property tax revenue, above a frozen base-assessed value, that existing taxing entities receive within a specific geographic boundary. Dependent on the TIFD, eligible uses for funds include transportation infrastructure, water and wastewater infrastructure, solid waste facilities, affordable housing, and community amenities.
Development Impact
Fees (DIFs)
These types of fees are a monetary exaction, other than a tax or special assessment, that is charged by a local government agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project.
New Market Tax Credits
(NMTC)
The NMTC Program incentivizes community development and economic growth through tax credits that attract private investment to distressed communities. Local entities such as Central Valley NMTC can be partners in community
development.
Enhanced Infrastructure
Financing District (EIFD)
SB 628 authorizes the creation of an Enhanced Infrastructure Financing District. The legislative body of a city may establish this district, adopt a financing Plan, and issue bonds to finance construction or rehabilitation of a wide variety of public infrastructure and private facilities upon approval by two-thirds of the community’s voters.
Chapter 4: Implementation
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Appendix
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Economic & Planning Systems, Inc.
The Economics of Land Use
TULARE DOWNTOWN
MASTER PLAN
Real Estate Insights
April 2023
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DOWNTOWN MASTER PLAN AREA
30-block area; ~170 acres
• North to Cross Ave
• South to Inyo Ave
• West to the railroad tracks just
beyond J St
• East to O St
Notable locations include:
• City Civic Center
• Zumwalt Park
• Town Square,
• Sierra High School
• Public Library
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MARKET AREAS
City of Tulare – provides context for
local-serving uses and trends
Trade Area – provides context for
regional-serving uses and trends;
includes:
– City of Tulare
– Visalia
– Porterville
– Dinuba
– Exeter
– Parts of western Tulare County
Source: Google Maps, EPS
Trade Area
City of Tulare
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DOWNTOWN REAL ESTATE INVENTORY
Existing downtown
building space
consists primarily of
office and retail
uses
Building stock is
over 50 years old
on average and few
buildings have seen
recent renovations
Land Use Number of
Buildings
Avg. Year
Built
Number Sold
in Last 10
Years
Renovations
in Last 10
Years
Rental Bldg.
Area (sq. ft.)
Industrial 6 1978 3 0 96,659
Land Parcels 12* - 6 Not Applicable Not Applicable
Multifamily 6 1969 3 0 85,240
Office 72 1964 29 4 364,233
Retail 96 1952 37 0 558,949
Retail
Neighborhood
Center
4 1987 1 0 116,975
Retail (Strip
Center) 5 2004 4 0 16,071
Specialty 6 1998 1 0 56,369
Total 207 1962 83 4 1,294,496
*Data for land is based on parcels, not buildings.
Sources: CoStar, EPS
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OFFICE MARKET
Sources: CoStar, EPS
Minimal growth in the Downtown Tulare
office market over the last 10 years—
new office space is locating elsewhere in
the City
City’s office rents overall are lower than
the Trade Area, but rents in the City’s
new office space outperform those in the
Trade Area ($25.50/sq. ft. vs. $24/sq.
ft.)
Downtown rents are cheaper than the
City or Trade Area, but occupancy rates
are similar
Trends suggest that there is strong
demand for office space in Tulare;
Downtown could capture some of it with
the right type of space and environment
Office Performance
Category (as of Q4
2022)
Tulare
Downtown
City of
Tulare Trade Area
Performance
Market Rent per Sq. Ft. $17.02 $18.79 $20.62
Vacancy 2.5% 3.4% 2.9%
Inventory
Buildings 72 192 1,234
Square Feet 364,233 925,193 7,142,363
Share of City 39.4% - -
Share of Trade Area 5.1% 13.0% -
Growth 2013- Q4 2022
Net New Inventory - 61,317 417,063
% of Total Inventory - 6.6% 5.8%
Share of Trade Area - 14.7% -
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TULARE EMPLOYMENT
Employer Number of
Employees
Percent of
Total
Employment
Industry
Tulare City School
District 1,095 3.70% Education
Saputo Cheese USA,
Inc. 900 3.04%
Dairy/frozen food
manufacturing
Tulare Joint Union
High School District 718 2.43% Education
Land O'Lakes, Inc. 486 1.64% Dairy
Dryer's Grand Ice
Cream 350 1.18%
Dairy/frozen food
manufacturing
Adventist Health
Hospital 289 0.98% Healthcare
Lactalis Heritage Dairy 250 0.84%
Dairy/frozen food
manufacturing
Walmart 215 0.73% Department Retail
City of Tulare 214 0.72% Local Government
U.S. Cold Storage of
California 174 0.59% Distribution
Employer Number of
Employees Industry
Kaweah Delta Health Care 2,000 Healthcare
Sierra View District Hospital 1,800 Healthcare
Walmart Distribution 1,692 Distribution
College of the Sequoias 1,160 Education
Jostens 720 Paper Products
Cigna Health Care 700 Healthcare
Monrovia Nursery 600 Plant &
Garden/Agriculture
VF Outdoor Inc. 400 Distribution
Blue Scope Steel, Butler
Manufacturing 300 Manufacturing
NDS Inc 300 Engineering
International Paper 300 Paper Mill
Best Buy West Coast DC 260 Distribution
Beckman Coulter, Inc. 230 Biomedical Testing
Equipment
Kawneer 200 Manufacturing
City of Tulare Major Employers Tulare County Major Employers Source: Tulare Comprehensive Annual Financial Report, 2022 Source: Tulare County Economic Development Corporation
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RETAIL MARKET
Sources: CoStar, EPS
There has been little growth in the
Downtown retail inventory in the
past ten years
Vacancy rates are higher and rents
lower Downtown than in the City
and Trade Area
The Downtown retail market has
remained stagnant over the last
decade and offers little incentive for
relocation or building enhancement
– Rent levels likely reflect/promote
certain tenant types currently
prevalent in Downtown
– However, more affordable rents can
also provide an entry point for new
small and local businesses
Retail Performance
Category (as of Q4
2022)
Tulare
Downtown
City of
Tulare Trade Area
Performance
NNN Rent per Sq. Ft. $11.88 $12.36 $15.85
Vacancy 8.0% 2.2% 2.3%
Inventory
Buildings 105 368 2,178
Square Feet 691,995 3,850,324 19,843,044
Share of City 18.0% - -
Share of Trade Area 3.5% 19.4% -
Growth 2013- Q4 2022
Net New Inventory 3,000 89,391 803,749
% of Total Inventory 0.4% 2.3% 4.1%
Share of City 3.4% - -
Share of Trade Area 0.4% 11.1% -
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MULTIFAMILY HOUSING UNITS
Source: CoStar, EPS; No multifamily buildings have been constructed downtown since 2013 and only three multifamily buildings were built in the City of Tulare since 2013
There are few multifamily units are
within the Downtown area, with no
new development within the past
decade
New multifamily development in the
City overall occurring faster than in
the Trade Area overall and is
achieving higher rents. New units
are primary located on the edges of
the City away from the Downtown
area
Downtown average rents are
significantly lower than the City and
Trade Area, underscoring low
demand for living Downtown, and
therefore for developing housing
Downtown
Multifamily Performance
Category (as of Q4
2022)
Tulare
Downtown
City of
Tulare Trade Area
Performance
Average Rents per
Unit $778 $2,197 $1,063
Vacancy 1.5% 2.3% 2.7%
Inventory
Number of Buildings 6 65 481
Number of Units 86 2,197 14,262
Average Square Feet 561 908 884
Growth 2013- Q4
2022
Net New Inventory
Units 0 265 1,024
% of Total Inventory
Units 0 12.1% 7.2%
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SINGLE FAMILY HOUSING UNITS
Location Avg.
Price
Avg. Sq
Ft
Avg.
Price/Sq Ft
Number of
Sales
½ Mile Radius of
Downtown $260,500 1,293 $198 114
City of Tulare $330,000 1,475 $221 625
Sources: Redfin, EPS
Single Family Housing Sales (2022) The City added nearly 2,300 single family units since 2010 - a 15 percent increase in
inventory – mainly in the southwest,
northeast and southeast portions of the City
Average home prices in the City overall are
significantly higher than prices for homes
close to Downtown, likely a reflection of
older and smaller housing stock in the City
center
As with multifamily units, lower sale prices
for owner-occupied housing in and around
Downtown reflect and reinforce challenges
with new residential development in the
area.
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PATTERNS IN NEW DEVELOPMENT
Sources: CoStar, EPS
Most new office development is
clustered northeast of downtown
by the Tulare outlet mall
New retail development is
clustered just east of the Tulare
outlet mall
Almost no new development has
occurred downtown
New Tulare Office Bldgs since 2010 New Tulare Retail Bldgs since 2010 Tulare outlet mall
Tulare outlet mall
Downtown Tulare Downtown Tulare
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PATTERNS IN NEW DEVELOPMENT
Sources: CoStar, EPS
New Tulare MF Bldgs since 2010
All of the new multifamily residences were
built or are currently under construction
on the edges of the City, to the west and
north of Downtown
The most recent multifamily developments
Downtown were built in 2004 and 2006
Downtown Tulare
Tulare outlet mall
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TAKEAWAYS
City’s economic concentration differs from the County
Both the City and County have large employers in the healthcare and education sectors with healthcare being a more prominent employer in the County Major employers in the City are concentrated around agriculture and dairy, while the County has a stronger concentration in the distribution and manufacturing sectors Downtown faces a weak real estate market
There has been nearly no new development in Downtown Tulare, with most new development occurring on the eastern edges of City and by the Tulare outlet mall The building stock in downtown is on average over 50 years old and has seen few renovations in the last decade
Downtown affordability is both an opportunity and a challenge Cheaper office and retail rents offer an opportunity to attract new businesses, especially small and local businesses, but they also accommodating lower performing businesses
Housing affordability near Downtown reflects its older vintage, which may not be as attractive to those seeking a “Downtown” lifestyle
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POTENTIAL STRATEGIES
Find ways to attract quality businesses that appeal to residents and tourists Identify employer partner to bring workers Downtown, creating day-time activity Continue to provide financial support in renovating building stock, particularly for desired uses such as restaurants
Support investment in a mix of land uses and in placemaking Identify catalyst intersections/buildings for targeted City investment (including possible acquisition or P3)
Update/enforce building codes to drive investment in deteriorating structures (or incentivize sales of those buildings)
Partner with Chamber of Commerce and property owners to create spaces for business incubator “graduates” to locate in Downtown
Pursue creative funding resources and strategies
Consider land-based financing tools and public-private partnerships (e.g., CFD, EIFD, PBID) Utilize and/or provide information on grant funding opportunities, (e.g., Disadvantaged Communities investment program)
Explore uses that can tap into federal funding tools, such as Low-Income Housing Tax Credits and New Market Tax Credits
8.1 General Business Page 81
Economic & Planning Systems, Inc.
The Economics of Land Use
TULARE DOWNTOWN
MASTER PLAN
Development Feasibility for Catalyst
Concepts
March 2024
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DEVELOPMENT FEASIBILITY
A feasible development provides a
sufficient return on investment to
incentivize a “go” decision
– Value of development equals or exceeds
the costs
– Project generates competitive rate of
return
– Financial returns reflect project risks
Why do we conduct feasibility
analysis?
– Confirm or challenge the likelihood of
certain development types occurring
– Identify elements of real estate
development impacting feasibility,
especially those within City’s purview
Value
Land
Acquisition
Direct Costs
Soft Costs
Developer
Profit
Project Value Project Cost
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FINANCIAL PRO FORMAS
Illustrative financial models, or pro formas, can simulate economic considerations by developers.
Models are based on estimates for project costs and project revenues, using data for Tulare and Trade Area.
Illustrative pro formas can demonstrate generalized business case for a development given how values compare to costs for a specific scenario under current market conditions.
Illustrative pro formas do not account for willingness or motivation of individual property owners to pursue development, expertise or financial capacity of potential developers, or length of time and expense necessary to obtain entitlement.
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NIELSEN’S RESTAURANT SITE
Notes:
Assumes City would
pay for land acquisition
and site preparation,
and that project would
use prevailing wage for
construction labor.
Rents are based on new
projects across Eastern
Tulare County, not only
Downtown Tulare.
No tenant improvement
costs included in
construction costs, as
such costs are assumed
to be minimal for this
concept.
Model is based on
stabilized occupancy
and does not account
for costs associated
with absorption period.
Inputs Residential Office Retail Total Concept
Program
Units or Square Feet 24 14,737 7,692
Parking Spaces 46 42 35 123
Development Costs
Construction Costs $4,901,175 $3,868,538 $2,019,038 $10,788,750 Per sq. ft. $288 $263 $263
Parking Costs $35,000 per space $1,610,000 $1,470,000 $1,225,000 $4,305,000 Soft Costs 20% of hard costs $1,329,635 $1,095,108 $676,208 $3,100,950 Impact Fees 2.5% of hard costs $166,204 $136,888 $84,526 $387,619 Financing 3.4% of hard and soft costs $223,960 $184,457 $113,899 $522,316 Developer Fee 4.0% of all costs $334,719 $275,680 $170,227 $780,625 TOTAL COST $8,565,694 $7,030,670 $4,288,896 $19,885,260 Development Value
Gross Rental Income $359,328 $290,909 $216,150 $866,387 Per sq. ft. $1.88 $1.93 $2.75
(Minus Vacancy) 5.0% of gross revenue ($17,966) ($14,545) ($14,545) ($47,057) (Minus Operating Expenses) ($125,765) ($5,818) ($5,818) ($137,401) % of Gross Revenue 35.0% 2.0% 2.0%
Total Annual NOI $215,597 $270,545 $195,786 $681,929
Yield on Cost 5.50% 6.00% 6.00%
CAPITALIZED VALUE $3,919,942 $4,509,090 $3,263,106 $11,692,137 FINANCIAL SURPLUS/(GAP) ($4,645,752) ($2,521,581) ($1,025,790) ($8,193,123) Assumptions
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NIELSEN’S RESTAURANT SITE
The following changes to model inputs for the Nielsen’s Site concept have the potential to improve feasibility outcomes:
Lower construction costs
Lower parking requirements (resulting in lower overall costs) Higher density allowance (resulting in increased efficiency) Fee waivers
Higher market rents (as the market matures)
Uses that can tap into wider range of funding sources (e.g., affordable housing) Cash contribution or other incentives from City
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213 K STREET (THEATER SITE)
Notes:
No land or site costs are included in the analysis,
as site is already owned and cleared.
Assumes no new parking developed, and that
patrons would use existing Tower Square
parking.
Several model inputs can range significantly* and
impact overall feasibility, including:
– Tenant improvement costs: Depends on level of
finish, utility needs, etc.
– Achievable rents: Depends on target tenants (e.g.,
established restaurants vs. new businesses)
– Operating expenses: Depends on level of operator
involvement/programming
*Model attempts to illustrate a concept in the middle of the range.
Inputs Food Hall
Program
Units or Square Feet 10,000
Parking Spaces Required 64
Development Costs
Construction Costs $225 per gross bldg. sq. ft. $2,250,000 Tenant Improvement Costs $25 per rentable sq. ft. $208,750 Soft Costs 20% of hard costs $511,750
Impact Fees 3.5% of hard costs $89,556
Financing 3.4% of hard and soft costs $86,902
Developer Fee 4.0% of all costs $129,878
TOTAL COST $3,276,836
Development Value
Gross Rental Income $1.50 per rentable sq. ft. $150,300 (Minus Vacancy) 5.0% of gross revenue ($7,515)
(Minus Operating Expenses) 10.0% of gross revenue ($15,030) Total Annual NOI $127,755
Yield on Cost 6.25%
CAPITALIZED VALUE $2,044,080
FINANCIAL SURPLUS/(GAP) ($1,232,756)
Assumptions
8.1 General Business Page 87
Economic & Planning Systems EPS PPT Presentation | 86
SANTA FE RAILROAD TRAIL SITE
Notes:
Land acquisition cost is based on
most recent sale of the property and
does not reflect current market value
for land in the area.
Sale prices are informed by sales of
new homes across Eastern Tulare
County, not only Downtown Tulare.
Model is based on stabilized
occupancy and does not account for
costs associated with absorption
period.
Project as modeled appears
economically feasible but increases
in any factor—particularly land
costs—would impact feasibility.
Inputs Residential Total Residential Per Unit
Program
Site Acres 2.2
Residential Units 1,350 gross sq. ft. per unit 44 1
Parking Spaces
Tuck Under 92 2
Surface Parking 20 0.5
Total Parking 112 2.5
Development Costs
Land Acqusition $45,000 $1,023
Site Costs $10 per sq. ft. $984,213 $22,368
Construction Costs $134 per sq. ft. $7,930,645 $180,242 Surface Parking Costs $5,000 per space $100,000 $2,273
Soft Costs 20% of hard costs $1,802,972 $40,977
Impact Fees $14,872 per unit $654,381 $14,872
Financing 2.7% of hard and soft costs $315,486 $7,170
Developer Fee 4.0% of all costs $473,308 $10,757
TOTAL COST $12,306,005 $279,682
Development Value
Gross Sales Revenue $223 per sq. ft. $13,246,200 $301,050 (Minus Marketing & Commissions) 5.0% of gross revenue ($662,310) ($15,053) TOTAL VALUE $12,583,890 $285,998
FINANCIAL SURPLUS/(GAP) $277,885 $6,316
Assumptions
8.1 General Business Page 88
Project Examples
8.1 General Business Page 89
Food Market
Examples
8.1 General Business Page 90
SLO Public Market – 15k SF
8.1 General Business Page 91
Oxbow Public Market, Napa – 40k SF
8.1 General Business Page 92
Liberty Station Public Market – 22k SF
8.1 General Business Page 93
Glendora Public Market – 18k SF
8.1 General Business Page 94
Los Angeles Original Farmers Market – 25K SF
8.1 General Business Page 95
Anaheim Packing House – 40k SF
8.1 General Business Page 96
Sawmill Market Albuquerque – 34k SF
8.1 General Business Page 97
Los Angeles Grand Central Market – 30K SF
8.1 General Business Page 98
San Francisco Ferry Building – 65k SF
8.1 General Business Page 99
Food
Incubator
Examples
8.1 General Business Page 100
La Cocina San Francisco
8.1 General Business Page 101
Square Kitchen SLC
8.1 General Business Page 102
Flavors from Afar Los Angeles
8.1 General Business Page 103
Mixed-Use
Examples
8.1 General Business Page 104
Mission Hills Commons, San Diego
8.1 General Business Page 105
Kensington Terrace, San Diego
8.1 General Business Page 106
South Brea Lofts, Brea
8.1 General Business Page 107
877 Palm, San Luis Obispo
8.1 General Business Page 108
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Construction Contracts for Project PK0037
RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to the construction of Project PK0037 K9 Bane Dog Park; authorize the City Manager or designee to approve contract change orders in the 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 $1,287,000
2. Material Testing Smith-Emery of Fresno, CA $23,116
3. Construction
Survey Provost & Prichard of Visalia, CA $17,000
4. Labor Compliance Labor Consultants of California of Hanford, CA $8,925
SUMMARY
Capital Improvement Project PK0037 will construct a new dog park on vacant, City-owned property along the north side of the Santa Fe Trail between N Street and O Street.
Improvements include fencing, lighting and electrical, landscaping and irrigation systems, street frontage improvements, a parking lot, a shade structure, and other appurtenances. The project was included and approved as part of the City’s 2023-2028 CIP Budget. Various contracts are required for the construction of the 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 Services Inc.
On May 2, 2024, five bids were opened for the Request for Bids 24-798, K9 Bane Dog Park Project. Bid opening results are attached. The K9 Bane Dog Park project sheet in the 2023-2028 CIP Budget adopted by Council on June 20, 2023, included an estimated construction cost of $300,000. Upon finalization of the plans and specifications for the project, the Architect revised the estimated construction cost to $910,000. The bids received ranged in price from $1,025,524 to $1,420,422.
To help cover construction costs, staff is utilizing CDBG funding. When utilizing CDBG funding, bidders must comply with federal Section 3 requirements. These requirements include providing economic opportunities to disadvantaged employees and businesses.
The apparent low bid contained an error in their bid schedule, which resulted in it being deemed incomplete and unresponsive. Review of the remaining bids determined that Caliber Contracting Services Inc. of Fresno, CA submitted the lowest bid that was Item #: 8.2
General Business
8.2 General Business Page 1
responsive to the requirements and instructions in the bid documents, in the amount of $1,287,000. Caliber possesses the necessary current and active General Engineering Contractor's licenses issued by the State of California and submitted a list of licensed and experienced subcontractors.
2. Material Testing: Smith-Emery
During construction of the project, it will be necessary to perform materials testing to ensure compliance with contract specifications and City standards. Material testing services are outside the capabilities of the City’s in-house staff. Smith-Emery of Fresno, 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. Smith-Emery has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $23,116 in accordance with the provisions of their on-call contract. This amount is in line with industry standards and is well below the amount originally anticipated for these services.
3. Construction Surveying: Provost & Prichard
During construction, it will be necessary to provide construction staking so that the Contractor has the necessary locations and elevations to properly construct the improvements. The required surveying 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 ability to perform these services. Provost & Prichard of Visalia, CA is included on the list of On-Call Construction Surveying 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. Provost & Prichard has reviewed the scope of the K9 Bane Dog Park Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $17,000. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.
4. Labor Compliance: Labor Consultants of California
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.
Labor Consultants of California of Hanford, 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 $8,925, 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.
8.2 General Business Page 2
FISCAL IMPACT & FUNDING SOURCE(S)
CIP Project PK0037 will utilize a combination of development impact fees (Parks Category) and Community Development Block Grant (CDBG) funding as shown on the revised Project Sheet accompanying this staff transmittal.
Fund 390 – Park DIF
Fund 077 – CDBG
LEGAL REVIEW
Subsequent contract approval to be reviewed by City Attorney.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work to incorporate any changes or recommendations directed by Council.
2. Deny – Council could reject all bids received for the project and direct staff to revise the project plans and specifications and rebid the project. The City would incur additional design costs but could result in lower bids.
3. Table – The bids received for this project are only valid for a specified timeframe. Delay in the award of the construction contracts could result in their expiration, which would necessitate rebidding the project.
ATTACHMENTS
1. Construction Bid Summary
2. Construction Bid Proposal – Caliber (Lowest responsive bidder)
3. Material Testing Proposal – Smith-Emery
4. Construction Surveying Proposal – Provost & Prichard
5. Labor Compliance Proposal – Labor Consultants of California
6. Revised Project Sheet
Reviewed/Approved:
8.2 General Business Page 3
8.2 General Business Page 4 ATTACHMENT 1
8.2 General Business Page 5 ATTACHMENT 2
8.2 General Business Page 6
8.2 General Business Page 7 ATTACHMENT 3
8.2 General Business Page 8
8.2 General Business Page 9
8.2 General Business Page 10 ATTACHMENT 4
8.2 General Business Page 11
8.2 General Business Page 12
8.2 General Business Page 13 ATTACHMENT 5
To Date Remaining Year 2024/2025 2025/2026 2026/2027 2027/2028 010 - Conceptual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 020 - Preliminary Design $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 030 - Environmental $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 040 - Final Design $0.00 $89,120.74 $1,200.00 $0.00 $0.00 $0.00 $0.00 $90,320.74 $0.00 0200 - Professional Services/Consultant $0.00 $86,020.00 $0.00 $0.00 $0.00 $0.00 $0.00 $86,020.00 $0.00 0991 - Parks Staff Time $0.00 $0.00 $200.00 $0.00 $0.00 $0.00 $0.00 $200.00 $0.00 0996 - Project Management Staff Time $0.00 $2,556.84 $800.00 $0.00 $0.00 $0.00 $0.00 $3,356.84 $0.00 0998 - Development Services Staff Time $0.00 $543.90 $200.00 $0.00 $0.00 $0.00 $0.00 $743.90 $0.00 0999 - Contingency $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 050 - Construct/Implement $0.00 $681.25 $1,476,795.10 $41,000.00 $0.00 $0.00 $0.00 $1,518,476.35 $0.00 0202 - Professional Services/Consultant $0.00 $0.00 $1,500.00 $1,500.00 $0.00 $0.00 $0.00 $3,000.00 $0.00 0203 - Construction Management $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0205 - Labor Compliance $0.00 $0.00 $8,925.00 $0.00 $0.00 $0.00 $0.00 $8,925.00 $0.00 0204 - Material Testing $0.00 $0.00 $23,116.00 $0.00 $0.00 $0.00 $0.00 $23,116.00 $0.00 0207 - Construction Survey $0.00 $0.00 $17,000.00 $0.00 $0.00 $0.00 $0.00 $17,000.00 $0.00 0601 - Construction Costs $0.00 $0.00 $1,287,000.00 $0.00 $0.00 $0.00 $0.00 $1,287,000.00 $0.00 0991 - Parks Staff Time $0.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $0.00 $3,000.00 $0.00 0996 - Project Management Time $0.00 $0.00 $5,000.00 $35,000.00 $0.00 $0.00 $0.00 $40,000.00 $0.00 0998 - Development Services Time $0.00 $637.38 $500.00 $1,500.00 $0.00 $0.00 $0.00 $2,637.38 $0.00 0999 - Contingency $0.00 $43.87 $133,754.10 $0.00 $0.00 $0.00 $0.00 $133,797.97 $0.00 060 - Closeout $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Costs: $0.00 $89,801.99 $1,477,995.10 $41,000.00 $0.00 $0.00 $0.00 $1,608,797.09 $0.00 To Date Remaining Year 2024/2025 2025/2026 2026/2027 2027/2028 Fund 390 - Parks DIF Fund $0.00 $89,801.99 $1,277,995.10 $41,000.00 $0.00 $0.00 $0.00 $1,408,797.09 $0.00 Fund - CDBG $0.00 $0.00 $200,000.00 $0.00 $0.00 $0.00 $0.00 $200,000.00 $0.00 PROJECT DESCRIPTION & PURPOSE:
PROJECT MANAGER:
CATEGORIES (1-5):
FUTURE M & O:
(Additional Cost & Department Responsibility)
PROJECTED END DATE:
PROJECTED START DATE:
PROJECT STATUS:
KEY POINTS:
Jason Glick
Construct a new dog park on vacant, City-owned property along the north side of the Santa Fe Trail between "N" Street and "O" Street, including fencing, lighting, landscaping & irrigation, street frontage imporvements and a parking lot.
Underway
6/1/2023
6/30/2024
Additional annual maintenance costs associated with the new facility will be incurred.
Criteria 5: Project extends an existing City Program or function to meet the Council's vision and explicit direction.
Unfunded
Funding Sources
Prior Fiscal
Years
Fiscal Year 2023/2024 Future Fiscal Years
Total Unfunded
Costs Description
Prior Fiscal
Years
Fiscal Year 2023/2024 Future Fiscal Years
Total
(Capital)
District(s): 1,2,3,4,5
2023 - 2028 CIP Parks
PROJECT #: PK0037
K-9 Bane Dog Park
(Capital)
8.2 General Business Page 14 ATTACHMENT 6
Total Funding: $0.00 $89,801.99 $1,477,995.10 $41,000.00 $0.00 $0.00 $0.00 $1,608,797.09 $0.00 G/L #'s:
Notes: 05/21/24 - Construction Contract Award.
8.2 General Business Page 15
Staff Report
Meeting: City Council
Date: May 21, 2024
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Transit Representative Nomination to TCAG Board
RECOMMENDED ACTION
Select a councilmember to be considered for nomination for the Transit Representative position on the Tulare County Association of Governments Board of Directors.
SUMMARY
In 2015, a Transit Representative position on the Tulare County Association of Governments (TCAG) Board of Directors was created which carries a three-year term. This position is a full voting member of the Board that is appointed by the Council of Cities. The person holding this position should be an elected official from a City that directly provides fixed route service who is willing to fulfill the job which includes the following items:
• Receive orientation and training on the roles and responsibility of TCAG as an agency as well as the responsibilities of individual board members. • Represent the interests of public transit in Tulare County. This includes the interest of residents and riders in the county as well as all agencies that provide public transit in Tulare County.
• Serve as the TCAG representative on the CalVans Board of Governors. • Attend various meetings, functions, conferences, etc. Examples include:
o CalVans Board meetings
o Stakeholder and community meetings
o Unmet Needs public hearings
o Transit forum meetings
o Meetings of the Social Services Transportation Advisory Council (SSTAC) o Events, functions, etc. with local, regional, state, and federal partner agencies o Advocacy trips to Sacramento and Washington D.C.
o Project groundbreakings
• Ensure that you are provided the necessary information for decision-making. • Attend board member training.
• Attend TCAG board meetings and workshops.
• Promote and advocate for public transit that serves the residents of Tulare County.
The Council is asked to discuss and put forth a name of a councilmember who is willing and able to serve as the Transit Representative on the TCAG Board of Directors. If a councilmember is selected, their name will be provided to the Council of Cities to be considered for nomination to the position.
If only one councilmember from the eligible cities expresses interest, that name will be forwarded to the Tulare County Association of Governments as the Transit Representative and a request will go out to the cities to select an alternate through the same process.
Item #: 8.3
General Business
8.3 General Business Page 1
If more than one city puts forth the name of an interested councilmember for consideration, each city will be provided the list of councilmembers. An item will be brought to Council to review the list in order to select a nominee from the list provided. The candidate that garners the most votes will be forwarded to the TCAG Board as the Transit Representative. A tie will be forwarded to the Council of Cities for a final decision.
Currently, Mayor Sayre serves as the primary, with Councilmember Sigala as the alternate, on the TCAG Board of Directors as the City’s representative. The Transit Representative is a separate position than those that are held by all eight cities. This selection does not affect Mayor Sayre’s current position on the Board. The City could potentially have two councilmembers appointed to the TCAG Board of Directors.
FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
None
Reviewed/Approved:
8.3 General Business Page 2
JOSE SIGALA May 15, 2024 May 21, 2024
Designation of City Intersection as "Dolores Huerta Square" Dear Council,
I would like to request your support in placing this item on the June 4, 2024 council agenda for consideration on the June 18, 2024 agenda.
This request is to have a discussion on the possibility of the City designating the intersection of West and Cross in honor of Labor/Civil Rights Leader and Icon Dolores Huerta. If approved by the Council, the intersection would be known as "Dolores Huerta Square". This designation would not require changing the names of any streets.
The City has a process for naming intersections and I would like to request staff provide a presentation on the criteria. I believe this request will fall within the guidelines given Dolores Huerta impact on the local community and thousands of families not only in my district but across our city.
I understand there may be a cost to placing the appropriate signage as approved by the City Engineer designating the square. I will work with the community to raise the necessary funds to place the signage.
I appreciate your attention to this matter.
JOSE
Item #: 9.1
Future Agenda Item
9.1 Future Agenda Item Page 1
JOSE SIGALA May 15, 2024 May 21, 2024
Completion, Striping and Painting of Bicycle Lanes in District 1 Dear Council,
I would like to request your support in placing this item on the June 4, 2024 council agenda for a staff presentation on the July 2, 2024 agenda.
This request is to place on the agenda a discussion on directing staff to come back with a staff report detailing the necessary steps to complete, stripe, paint and perhaps add additional bicycle lanes in Council District 1.
This report should include a current map of existing bicycle lanes, the cost to stripe and paint current ones as well as recommendations for additional bicycle lanes.
I appreciate your attention to this matter.
JOSE
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9.2 Future Agenda Item Page 1