Agenda packet — Tulare City Council, July 2, 2024

City of Tulare Page 1 of 4
City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, July 2, 2024 491 North M Street, Tulare CA 93274 7:00 p.m. Regular Meeting www.tulare.ca.gov
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 City 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 Comment 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 the 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 the City 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 item on the agenda will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning issues not on the agenda will be invited to address Council during the Public Comment portion of the meeting.
• When invited by the mayor to speak, please step up to the lectern, 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.

Councilmembers
Terry A. Sayre, Mayor
Patrick Isherwood, Vice Mayor
Jose Sigala
Stephen C. Harrell
Dennis A. Mederos
City Council Meeting Agenda Tuesday, July 2, 2024
City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Parks & Recreation Month, July 2024.

4. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. 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, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, 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 viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

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 matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

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 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meetings of June 18, 2024 and June 24, 2024. [M. Hermann]

7.3 Deny Application for Permission to Present Late Claim.

7.4 Tulare Cares Temporary Encampment Meal Delivery Contract.

7.5 Accept and Appropriate Federal Earmark for Construction of Homeless Shelter.

8. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

8.1 Mission Creek Subdivision.

Recommended Action: Adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2023-01 (East Tulare No. 37 – Mission Creek) and detachment of the property from the Tulare Irrigation District and County Service Area No. 1; pass to print an ordinance approving Zone Amendment No. 751, pre-zoning the subject property to the R-1-4 (Small-lot Residential) zoning designation; and adopt a resolution adopting a Mitigated Negative Declaration prepared for annexation No. 2023-01 (East Tulare No. 37 – Mission Creek), Zone Amendment No. 751, Conditional Use Permit No. 2023-16, and Tentative Subdivision Map - Mission Creek. [S. Sopp]

9. 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 Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

9.1 Highway 99 Interchange Study and Land Use Assumptions Phase I Final Report.

9.2 Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2.

Recommended Action: Authorize the City Manager to execute the first amendment to the subdivision agreement for the final map of Farrar Estates Phase 2. [M. Miller]

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

12.1 Conference with Real Property Negotiations (Gov. Code § 54956.8) Property: Portion of APN 168-240-069
Agency Negotiators: Mario U. Zamora, Marc Mondell
Negotiating Parties: NW Tulare, Inc.

Under Negotiation: Price and terms of payment
City Council Meeting Agenda Tuesday, July 2, 2024
City of Tulare Page 4 of 4

13. RECONVENE FROM CLOSED SESSION

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

15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, July 16, 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, 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, June 28, 2024 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: July 2, 2024 Agenda Memo
Date: June 28, 2024
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda memo. 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

3. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:05 p.m.]

3.1 Proclamation for Parks & Recreation Month, July 2024.

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 agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:25 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:25 p.m.] Tulare City Council Page 2 of 9
Agenda Memo - July 2, 2024

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 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meetings of June 18, 2024 and June 24, 2024. [M. Hermann]

7.3 Deny Application for Permission to Present Late Claim.

Recommended Action: Deny Application for Permission to Present Late Claim for damages filed June 18, 2024, by Attorney Megan Koster on behalf of claimant Annamarie Isabel Cortez, FR102209/22937. [S. Oneal]
Summary: On June 18, 2024, the City was served with an application for permission to present late claims by Annamarie Isabel Cortez pursuant to Government Code §911.6(b)(4). Annamarie Isabel Cortez alleges she was injured by a dog when she entered the property located at 933 E. Sonora Avenue, Tulare, California on July 19, 2023. Claimant is requesting permission to present a late claim pursuant to Government Code §911.6(b)(4) and §911.6(b)(2) alleging the reason for delay was:
• A person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all time specified in 911.2; and • The reason for delay was due to mistake, inadvertence, surprise, or excusable neglect since claimant retained her legal counsel on May 14, 2024, after the sixmonth period.

Government Code §911.6(b)(2) states that the board (Council) shall grant a late claim application under certain circumstance. However, no evidence substantiating that claimant was incapacitated during all times during the six-month period was presented and failure to retain an attorney in the specified time is not proper grounds to grant relief. “([A] a mere lack of knowledge of the claim-filing requirements and its time limitation is insufficient.” El Dorado Irrig. Dist. v Superior Court (1979) 98 CA3d 57, 62. It is recommended the permission to present a late claim be denied.

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

Legal Review: The item was reviewed by the RMA Attorney and City Attorney.

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

7.4 Tulare Cares Temporary Encampment Meal Delivery Contract.

Recommended Action: Authorize the City Manager to execute a contract with Salt + Light for meal delivery service to the Tulare Cares Temporary Encampment, subject only to minor conforming and clarifying changes acceptable to the City Attorney and the City Manager. [J. Glick]
Tulare City Council Page 3 of 9
Agenda Memo - July 2, 2024
Summary: In January 2023, the City opened the Tulare Cares Temporary Homeless Encampment to provide a safe and humane area for the homeless community to live until the permanent shelter is complete.

In June 2023, the City executed a one-year service agreement with Salt + Light Works (Salt + Light) to provide daily food service of one meal for the guests at the Tulare Cares Temporary Encampment. In response, Salt + Light created the Everyone Eats Today program to provide food for the homeless community. The total cost of the agreement was $20,800.00, which expired on June 30, 2024.

Given that the current contract for the provision of this service has expired, the attached proposal includes providing meals and palliative care items to the Encampment Resolution Area (Tulare Cares Temporary Encampment) seven days a week. They will create and maintain a schedule in order to ensure consistent meal service. They will also be working with local restaurants, churches, and other organizations to provide this service.

Fiscal Impact & Funding Source(s): If approved, the meal delivery service will be paid through the 601-4601-7301 fund.

Legal Review: This item has been reviewed by the City Attorney.

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

7.5 Accept and Appropriate Federal Earmark for Construction of Homeless Shelter.

Recommended Action: Adopt a resolution accepting a federal earmark for $1,500,000 to fund a portion of the construction costs of a homeless shelter (Project FM-0048); authorizing the City Manager or designee to execute all agreements and other documents necessary to receive the funds; and authorizing establishment of General Fund CIP Fund appropriation(s) of $1,500,000 and a corresponding revenue budget. [M. Roberts]
Summary: Homelessness is a complex issue impacting many individuals and communities, including the Central Valley. It occurs for a myriad of reasons, which can vary significantly from individual to individual, such as unaffordable housing costs, trauma, loss of employment, underemployment, abandonment, or choice. Many of the homeless are chronically unhoused due to barriers against sustaining housing, like untreated mental illness, addiction, or criminal record.

Homeless persons may face several challenges, including, but not limited to, unsanitary living conditions, exposure to severe weather, limited access to health care and food, and safety issues including potential exposure to violence. And communities must deal with the outward appearance and impacts of homelessness, such as panhandling, impeding of access to public amenities, crime, safety concerns, public health concerns, accumulation of garbage, and visual blight.

In January 2022, the Kings Tulare Homeless Alliance conducted its 2022 Point in Time (PIT) count of the number of people experiencing sheltered and unsheltered homelessness in Tulare and Kings Counties, with volunteers canvassing locations Tulare City Council Page 4 of 9
Agenda Memo - July 2, 2024
where people experiencing homelessness are known to regularly congregate, i.e., encampments, libraries, food distribution sites, etc. The PIT count results indicated 212 people were homeless in the City of Tulare, an increase of 190% since 2012, with 69 people considered to be chronically homeless. In the County, 922 people in Tulare County found to be homeless, 258 of whom were considered chronically homeless.

Of the 212 homeless persons in Tulare, 148 slept in an unsheltered location, 33 in an emergency shelter, and 31 in transitional housing. The greatest percentage of those experiencing homeless were ages 35-44 (27%) and 45-54 (30%). Children under the age of 18 represented 4%. The most prevalent reported barriers to housing were mental illness and substance abuse.

Over the past several years, the City has been discussing the issue of homelessness, its impacts on the community, and possible solutions.

On May 17, 2022, the City Council approved a conceptual plan, project phasing, potential lease options, and an operational plan for an emergency homeless shelter, which includes partnering with Tulare County to design, construct, and operate the shelter on vacant land owned by the County at the Tulare County Health and Human Services facility property along East O’Neal Avenue, east of K Street. On July 19, 2022, the City Council approved a design contract with 4 Creeks, Inc. for the site development and construction of a City homeless shelter.

The Tulare Homeless Shelter will comprise a 20,000 square foot main shelter building; 16 modular units, providing a total of 32 rooms in a modular village setting; restroom and shower facilities; 3 modular buildings, housing administrative and counseling operations, a food pantry and service area, laundry facilities, and classroom/training space; dog kennels; and secure storage containers. Improvements necessary for development of the campus include extension of sewer, water, and storm drainage utilities; dry utilities; public street frontage improvements; perimeter fencing; parking lot; trash bin enclosure; lighting and video surveillance systems; and other ancillary facilities necessary to support shelter operations.

Construction of the Tulare Homeless Shelter is anticipated to begin in Fall 2024 with completion of the facility by Fall 2025. The estimated cost to complete construction is $13 million.

On December 29, 2022, the President of the United States signed into law HR 2617 – Consolidated Appropriations Act, 2023 (Public Law 117-328), which includes a $1.5 million earmark for the City for construction of the shelter.

Fiscal Impact & Funding Source(s): No City match is required to receive the funds, and accepting the funds will reduce the impact of the cost to the General Fund for construction of the Tulare Homeless Shelter by $1.5 million.

Legal Review: This item does not require legal review.

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

Tulare City Council Page 5 of 9
Agenda Memo - July 2, 2024

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:40 p.m.]

8.1 Mission Creek Subdivision.

The subject parcel is currently outside of the City limits and is currently subject to the County’s zoning designation. The applicant is proposing to pre-zone the subject property to the R-1-4 (Small-lot Residential) and zoning designation to become effective upon annexation into the City limits.

The proposed project is located on the southwest corner of Bardsley Avenue and the Oakmore Street alignment. Entry access to the development will be established through a new point of access off of Bardsley Avenue and Oakmore Street.

Annexation
The project proponents are requesting to annex and subdivide an approximately 39.26- acre site. The project site is full encompassed by the existing City limit boundary and is considered an unincorporated County Island. The project site currently consists of vacant land that has formerly been used for agriculture. The proposed annexation represents an orderly expansion of the City limits and resolves the previous creation of an island. The project also includes a request to detach from the Tulare Irrigation District and County Service Area No. 1. Staff has reviewed the proposed annexation and determined it to be consistent with Chapter 10.26 – Annexations, of the City of Tulare Municipal Code.

Cities are allowed to approve tentative maps prior to annexation but may not approve the final subdivision map until after the land is annexed. The Tulare County Local Agency Formation Commission (LAFCO) will need to approve and record the annexation prior to the map being effective. Following the approval of a resolution of application by the City Council, the applicant will be required to submit an application to LAFCO in order to initiate annexation proceedings.

Zone Amendment
The subject property is currently subject to the zoning designation established by the County of Tulare. Upon annexation, the project proponents are proposing to establish Tulare City Council Page 6 of 9
Agenda Memo - July 2, 2024
the underlying zoning designation as R-1-4 (Small-lot Residential). The proposed R-1- 4 zoning designation is consistent with the existing Low Density Residential land use designation.

Environmental
An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on April 23, 2024.

Two comment letters were received during the public review period of the circulated CEQA document. Comment letters were received from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and the California Department of Toxic Substances Control (DTSC).

Comments provided by the SJVAPCD discussed the District’s recommendation that the Project proponent perform a Health Risk Assessment (HRA) to evaluate the potential health risk to nearby residents and workers created by emissions output from construction equipment during construction of the project. In response to the air district’s comments the project proponent revised CalEEMod emissions modeling to better reflect the Project’s parameters and completed a prioritization screening and provided a prioritization score for the project. A prioritization score between 0 and less than 10 would not be required to perform a HRA and would be a less than significant impact.

The prioritization screening indicated that the Project’s maximum prioritization score was 9.24, therefore an HRA is not required and impacts to sensitive receptors from the Project would be less than significant.

Comments from DTSC discussed the possibility for the need of a Phase I Environmental Site Assessment. The applicant has completed a Phase I assessment and provided it to City staff.

The comments provided by DTSC and SJVAPCD have been provided (attached) and as appendix E to the IS/MND prepared for the project. The response to comments prepared for the SJVAPCD comments have been provided (attached) and as appendix F to the IS/MND. The Phase I Environmental Site Assessment has been provided as appendix G to the IS/MND.

On June 10, 2024, the Planning Commission voted 4-0 (with one seat vacant) to recommend that the City Council approve Annexation No. 2023-01 (East Tulare No. 37 – Mission Creek), Zone Amendment No. 751, and adoption of the Initial Study / Mitigated Negative Declaration approved for the project.

Fiscal Impact & Funding Source(s): The proposed action will not have any immediate financial impact. As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required. It is recommended that future action be taken to amend the City’s development impact fee program to add longer term infrastructure improvements specifically related to traffic to the program.

Tulare City Council Page 7 of 9
Agenda Memo - July 2, 2024
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny - If denied, the proposed annexation area would remain within the jurisdiction of Tulare County and the “Project Area” would remain subject to the County’s AE-40 (Agricultural Exclusive, 40-acre minimum parcel size) zoning designation; or 3) Table.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:00 p.m.]

9.1 Highway 99 Interchange Study and Land Use Assumptions Phase I Final Report.

Recommended Action: Receive and accept the City of Tulare Highway 99 Interchange Study and Land Use Assumptions Phase I Final Report as prepared by Eight20 Consulting dba ZacTax; and authorize staff to initiate Phase II to explore potential options to encourage fiscally sustainable development patterns at and around the new Interchange. [T. Myers]
Summary: In January 2024, the City of Tulare entered into a contract with Eight20 Consulting dba ZacTax for the purpose of analyzing development patterns at key interchanges along Highway 99 and to provide a report outlining land use assumptions and economic impacts at these defined interchanges.

The initial results from the fiscal impact are intended to provide a picture of what could happen if the City of Tulare were to take a more passive approach regarding development surrounding the new interchange.

In the attached Report, you will find brief summaries of the (1) key assumptions that drive the fiscal impact, (2) the results of the fiscal impact study, (3) additional points to consider, and (4) key recommendations. The Report does not incorporate input from developers or commercial brokers who may be able to provide additional insights on parties that could be interested in building around the new interchange and the market’s capacity to develop the properties surrounding the new interchange. Additionally, this Report does not account for any capacity limitations that could be encountered regarding the supply of electricity and gas to future developments.

As recommended by ZacTax, staff requests City Council authorize staff to initiate a second phase of this study to explore the potential options to encourage more fiscally sustainable development patterns, especially within 1.0 to 2.0 miles of the new interchange. This study would consider things like potential alternative land use assumptions, changes to building standards, and changes to infrastructure maintenance and replacement schedules. As proposals and plans to develop property Tulare City Council Page 8 of 9
Agenda Memo - July 2, 2024
surrounding the new interchange are presented to the City, staff concurs with ZacTax’s recommendation that the City complete an updated fiscal impact for each development.

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.

9.2 Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2.

Recommended Action: Authorize the City Manager to execute the first amendment to the subdivision agreement for the final map of Farrar Estates Phase 2. [M. Miller] Summary: Planning Commission Resolution No. 5355, adopted on December 23, 2019, approved the tentative map for the Farrar Estates subdivision located on the north side of Tulare Avenue (State Route 137) west of Morrison Street and along the west side of Morrison Street north of Tulare Avenue. The overall subdivision comprises approximately 76.5 acres and is being developed in four phases. In the traffic impact studies prepared for the project, improvements to the intersection of Tulare Avenue and Morrison Street were identified as necessary to mitigate project impacts. An Intersection Control Evaluation (ICE) Study was subsequently required by Caltrans to determine the type of intersection improvement to be implemented. The ICE Study identified that construction of a roundabout was the preferred improvement alternative.

This cooperative agreement was approved by City Council on January 17, 2023. It is now necessary for the City to enter into an agreement with Woodside 06N, LP, the Developer of the Farrar Estates subdivision, to secure their participation in the funding of the roundabout construction and to memorialize the terms, conditions, and responsibilities of each party as related to said construction. The attached “First Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2” was prepared by the City Attorney, has been executed by the Developer, and is presented to City Council for approval and authorization for the City Manager to execute on the City’s behalf.

The proposed agreement incorporates findings of the traffic studies prepared for the Farrar Estates subdivision; specifically, that by limiting access to the development to the intersection of Tulare Avenue and Hazeltine Street, a maximum of 170 new homes can be occupied prior to completion of the Tulare Avenue/Morrison Street Tulare City Council Page 9 of 9
Agenda Memo - July 2, 2024
improvements. Two local street connections to Morrison Street will be opened to traffic upon completion of the improvements, and restrictions on home occupancies related to the improvements will be lifted.

The construction contracts for Capital Improvement Project No. EN0103 - Tulare Avenue/Morrison Street Roundabout were awarded at the June 18, 2024 City Council Meeting. It is anticipated that construction activities will commence in late July.

Fiscal Impact & Funding Source(s): CIP Project No. EN0103 will utilize a combination of development impact fees (State Highway Category), Caltrans SHOPP funds, and funding from the developer of the Farrar Estates subdivision. Fund 245 – State Highway DIF; Fund TBD – Caltrans SHOPP; Fund TBD – Developer Share Legal Review: The attached “First Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2” has been prepared by the City Attorney.

Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by Council, which would also be subject to Developer review and approval; 2) Deny - An agreement between the City and the Developer of the Farrar Estates subdivision is necessary to memorialize the terms, conditions and responsibilities of each party as related to construction of City Capital Improvement Program Project EN0103 – Tulare Avenue/Morrison Street Roundabout; or 3) Table - The construction contracts for Project EN0103 have been awarded. It is recommended that an agreement between the City and the Developer of the Farrar Estates project be fully executed in advance of any construction activities commencing.

10. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:45 p.m.]

11. STAFF UPDATES [Time Estimate: 8:45 p.m.]

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 8:50 p.m.]

12.1 Conference with Real Property Negotiations (Gov. Code § 54956.8) Property: Portion of APN 168-240-069
Agency Negotiators: Mario U. Zamora, Marc Mondell
Negotiating Parties: NW Tulare, Inc.

Under Negotiation: Price and terms of payment

13. RECONVENE FROM CLOSED SESSION [Time Estimate: 9:05 p.m.]

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

15. ADJOURNMENT [Time Estimate: 9:05 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, July 16, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of Tulare; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, parks and recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer's disease; and WHEREAS, parks and recreation encourages physical activities by providing space for popular sports, walking trails, and many other activities designed to promote active lifestyles; and :

WHEREAS, parks and recreation programming and education activities, such as out-of-school time programming, youth sports, and environmentaleducation, are criticalto childhood development; and WHEREAS, parks and recreation increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS, the City of Tulare recognizes the benefits derived from parks and recreation resources to the community by providing and maintaining 19 parks, including the Santa Fe Trail, skate park, and sports parks, and by providing many recreational activities for all ages.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the month of July 2024 as
Parks and Recreation Month
in the City of Tulare and encourage all residents to support the effort to create a more active and healthy community through the programs otfered by Tulare Parks & Recreation.

Dated this 2nd day of July 2024. a J"*"^-
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Mayor
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Stephen G. Harrell, Gouncilmember
Ntu'i, /t, ffiUfu,wDennis A. Mederos, Councilmember
City of Tulare Page 1 of 6

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, June 18, 2024
5:00 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

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; Senior Management Analyst Andrew Bettencourt; 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

1. CALL TO ORDER
Mayor Sayre called to order the special meeting of the Tulare City Council at 5:05 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Fiscal Year 2025 Budget Review.

Recommended Action: Review the Fiscal Year 2025 Budget and provide direction to staff thereto.

Presented By: Chief Financial Officer Mark Roberts; City Manager Marc Mondell Public Comment: There were no public comments.

Council Action: Council expressed their desire for a balanced budget without using reserves or fund balance. Councilmember Sigala provided an updated list of requests for the budget. Councilmember Harrell stated his opposition to adding any more items to the budget other than the funding for the arts and reinstating the funding for baseball and softball. Councilmember Harrell expressed his support for increasing the Council Travel budget to $5,000 each but was not in agreement with increasing the Community Benefit budgets. Vice Mayor Isherwood expressed his support for using Measure Y funds for homeless related operations as well as the strategic plan method for placing Council requests in the strategic plan for staff to evaluate. Vice Mayor Isherwood also stated his support for the $50,000 budget for the arts and the funding for baseball and softball. Councilmember Mederos stated Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, June 18, 2024
City of Tulare Page 2 of 6
he does not support the $125,000 discretionary funds, does support of increasing the Council Travel budget to $5,000 each, does support of keeping the Community Benefit budgets to $2,500 each, does not support decreasing the amount set aside for the Inyo Corridor, does support reinstating the funding for softball and baseball, and does not support the micro loan program. Councilmember Mederos also stated the tax rate and number of cannabis dispensaries should remain the same.

Council discussed the use of Measure Y revenue as proposed by Councilmember Sigala that any revenue over $1.3 million could be used 50% for the youth and 50% for homeless. There was not a consensus on this request at this time. It was the consensus of Council to create a separate line item in the budget for the arts with $50,000; decrease the Community Benefit accounts for each councilmember to $2,500 each instead of $5,000 each; remove the $125,000 discretionary fund; add back into the budget $31,500 for the baseball and softball associations ($15,750 each); increase the amount allocated for the Tulare Historical Society to $13,125; and decrease the $800,000 contingency, keeping $500,000 for the Inyo Corridor, to cover the remaining expenses.

3. ADJOURNMENT
Mayor Sayre adjourned the special meeting at 6:55 p.m.

4. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:05 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Human Resources Director Shonna Oneal led the Pledge of Allegiance, and an invocation was given by Steve Duyst, Pastor of Tulare Community Church.

6. PUBLIC COMMENT
Linda Malloy and members of the Cemetarians/Amvets Auxiliary addressed the Council regarding their desire to put up flags in downtown on Fourth of July and Veterans Day, but the flag holders need to be cleaned out.

7. PRESENTATIONS

7.1 Tulare County Economic Development Corporation Annual Report.

Presenter: Airica de Oliveira, President and CEO

7.2 Tulare Chamber of Commerce Annual Report.

Presenter: Donnette Silva-Carter, CEO

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

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

City Council Meeting Minutes Tuesday, June 18, 2024
City of Tulare Page 3 of 6

10. CONSENT CALENDAR
It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the items on the Consent Calendar as presented.

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

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

10.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meetings of June 4, 2024 and June 12, 2024. [M. Hermann]

10.3 Community Project Funding/Congressionally Directed Spending Grant.

Recommended Action: Adopt a resolution authorizing the City Manager or designee to accept a grant in the amount of $2,500,000 from the “Community Project Funding/Congressionally Directed Spending” component of the Fiscal Year 2024 Budget for allocation to the Regional Business Accelerator; authorizing the City Manager or designee to execute all necessary documents for allocation of grant funds; and appropriating grant funds to City Project FM0046 Courthouse Renovation and Parking Lot Rehabilitation. [T. Myers]

10.4 Resolution of Intention for Landscape Maintenance Assessments.

Recommended Action: Adopt a resolution of intention to set July 16, 2024, as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2025. [M. Miller]

10.5 Microsoft Enterprise Agreement Contract.

Recommended Action: Approve and authorize the City Manager to execute a new 3-year agreement with Dell Marketing LP licensing of Microsoft software and services under the Microsoft Enterprise License Agreement (ELA) in an amount not to exceed $442,418.76 for a period of three years from July 1, 2024 to July 1, 2027; and authorize 10% contingency in the amount of $44,241.87 for unforeseen licensing needs, for the total amount not-to-exceed $162,220.21 annually, for a total contract amount of $486,660.63. [J. Bowling]

10.6 Tulare County Local Multi-Jurisdiction Hazard Mitigation Plan.

Recommended Action: Adopt the Tulare County Local Multi-Jurisdiction Hazard Mitigation Plan for the City of Tulare. [M. Anaya]
Following the adoption of the Consent Calendar, the General Business items were taken out of order and heard prior to the Public Hearing items.

11. PUBLIC HEARING

11.1 Parking and Business Improvement Area Report and Annual Assessments.

Recommended Action: Adopt a resolution confirming the report and recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area Annual Assessments for Fiscal Year 2025.

Presented By: Chief Financial Officer Mark Roberts
City Council Meeting Minutes Tuesday, June 18, 2024
City of Tulare Page 4 of 6
Public Comment: The public hearing was opened at 8:31 p.m. Receiving no public comment, the public hearing was closed at 8:31 p.m.

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

11.2 Fiscal Year 2025 Operating Budget Adoption.

Recommended Action: Adopt a resolution approving and adopting the City of Tulare Fiscal Year 2025 Operating Budget; adopt a resolution approving and adopting the Fiscal Year 2025 Position Control Budget and fixing the rate of compensation of regular full-time and part-time employees, councilmembers, and seasonal/temporary employees; adopt a resolution establishing the appropriations limit for fiscal year 2025; and adopt the updated Strategic Plan.

Presented By: Chief Financial Officer Mark Roberts; City Manager Marc Mondell Public Comment: The public hearing was opened at 8:36 p.m. Receiving no public comments, the public hearing was closed at 8:36 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to adopt a resolution approving and adopting the City of Tulare Fiscal Year 2025 Operating Budget as amended to include reducing the Contingency Spending appropriation by $165,000, reducing councilmembers’ Community Benefit appropriation to $2,500 each, removing the $125,000 Community Programs/Contributions appropriation, adding baseball utilities appropriation of $15,750, adding softball utilities appropriation of $15,750, increasing Tulare Historical Society appropriation by $625, and transferring $50,000 of Contingency Spending appropriation to newly created community arts account; adopt a resolution approving and adopting the Fiscal Year 2025 Position Control Budget and fixing the rate of compensation of regular fulltime and part-time employees as amended to reflect the corrections to the salary schedule pertaining to Fire Department positions as noted by staff; and adopt a resolution establishing the appropriations limit for fiscal year 2025.

It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to adopt the strategic plan as amended.

12. GENERAL BUSINESS

12.1 Library Board Appointments.

Recommended Action: Appoint two members to the Library Board to serve a three-year term ending on June 30, 2027.

Presented By: Chief Deputy City Clerk Melissa Hermann
Public Comment: There were no public comments.

Council Action: Mayor Sayre recommended the appointment of Peggy Demuth and Antonio Rodriguez. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to appoint Peggy Demuth and Antonio Rodriguez to the Library Board.

12.2 Zumwalt Park Amphitheater Naming Rights Term Sheet.

Recommended Action: Approve the Zumwalt Park Amphitheater Naming Rights Term Sheet with Adventist Health Tulare and Authorize the City Attorney to prepare the Agreement.

City Council Meeting Minutes Tuesday, June 18, 2024
City of Tulare Page 5 of 6
Presented By: City Manager Marc Mondell; Jason Wells of Adventist Health Public Comment: Donnette Silva-Carter expressed her support for the recommendation.

Council Action: Councilmember Sigala had questions regarding the costs associated with Section D of the term sheet. City Manager Marc Mondell advised that when staff brings back the agreement with Adventist, the intention is to bring back an amendment to the agreement with Spade Entertainment and will include a very detailed budget which will hopefully answer those questions. It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

12.3 Award of Construction Contracts for Project EN0103 Tulare Avenue (SR 137) & Morrison Street Roundabout.

Recommended Action: Award and authorize the City Manager to sign contracts related to the construction of CIP Project No. EN0103; 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 J.L. Plank Inc. dba Cen-Cal
Construction of Bakersfield, CA
$1,588,824

2. Construction Management CCME, Inc. of Fresno, CA $427,400

3. Material Testing CTL-Krazan of Exeter, CA $6,345

4. Construction Survey Guida Geospatial Solutions of
Fresno, CA
$28,500

5. Labor Compliance Labor Consultants of California
of Hanford, CA
$22,950
Presented By: City Engineer Michael Miller
Public Comment: There were no public comments.

Council Action: Councilmember Sigala questioned if the developer was close to the maximum number of houses that can be occupied prior to the roundabout being constructed. City Engineer Michael Miller provided a response thereto. City Manager Marc Mondell advised there will be an agreement coming to Council in the future between the City and the developer regarding their payment of the roundabout at which time the developer may want to have the issue regarding the remainder of their permits addressed. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

13. FUTURE AGENDA ITEMS - NONE SUBMITTED

14. STAFF UPDATES
Staff provided updates on department activities.

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City of Tulare Page 6 of 6

15. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

15.1 Conference with Labor Negotiators (Govt. Code § 54957.6) Agency Designated Representatives: Marc Mondell, Mario U. Zamora, Josh McDonnell
Unrepresented Employee: Department Head Group
Council recessed to closed session at 8:47 p.m.

16. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 9:45 p.m.

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

18. ADJOURNMENT
A moment of silence was held in memory of Bree Scott who recently passed away.

Seeing no further business to discuss, Mayor Sayre adjourned the regular meeting at 9:46 p.m.

These meeting minutes were approved by the Council on July 2, 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
City of Tulare Page 1 of 2

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Monday, June 24, 2024
5:00 p.m. Special Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54956.

COUNCIL PRESENT: Mayor Terry A. Sayre
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
COUNCIL ABSENT: Vice Mayor Patrick Isherwood
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Police Chief Fred Ynclan;
Community Development Director Mario Anaya

1. CALL TO ORDER
Mayor Sayre called to order the special meeting of the Tulare City Council at 5:04 p.m. in the Council Chamber located at 491 North M Street.

2. GENERAL BUSINESS

2.1 Demolition of Historic Advance Building Downtown.

Recommended Action: Discuss the imminent demolition of the historic Advance building downtown; discuss recommendations provided by Councilmember Harrell which includes placing a 6-month moratorium on the issuance of demolition permits (for non-life safety issues) in downtown, requiring staff to notify Council immediately of any demolition permit applications received, and raising the cost of demolition permits; and provide direction to staff thereto.

Presented By: Councilmember Harrell; City Manager Marc Mondell; Community Development Director Mario Anaya
Public Comment: Chris Harrell addressed the Council regarding the work of the Ad Hoc Committee on Historic Preservation underway in regard to historic preservation in Tulare and provided background information on the historic Advance Building also known as the Ham Building. Jocelyn Limas addressed the Council regarding demolition of old buildings and reviewing the process for issuing demolition permits. Don Lebaron addressed the Council regarding the old Ham Building and the rights of property owners. Xavier Avila addressed the Council expressing concern over the possible demolition of the old Ham Building.

Council Action: Councilmember Mederos expressed concern that the property owner of the building in question was not contacted regarding this meeting. There was also concern regarding the rights of property owners. City Attorney Mario U.

Zamora advised of possible risk to the City if the City tries to revoke the demolition permit stating that the City doesn’t have the authority to rescind the permit or make any changes to it. City Manager Marc Mondell stated he would personally reach out to the property owner and discuss possible alternatives. Councilmember Sigala City Council Meeting Minutes Monday, June 24, 2024
City of Tulare Page 2 of 2
inquired if there is an expiration date tied to demolition permits and if there are different tiers for encroachment permits. Community Development Director Mario Anaya responded thereto. It was the consensus of Council to direct staff to contact the property owner of the old Ham Building to see if they are willing to delay demolition and work out alternative solutions. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to place a 6-month moratorium from today’s date on the issuance of demolition permits (for non-life safety issues) in downtown and direct staff to immediately notify City Council of any demolition permit applications received with the caveat that staff will add an item to a future agenda regarding this issue as soon as possible.

3. ADJOURNMENT
Mayor Sayre adjourned the special meeting at 6:14 p.m.

These meeting minutes were approved by the Council on July 2, 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: July 2, 2024
Department: Human Resources
Submitted by: Shonna Oneal, Human Resources Director
Agenda Title: Deny Application for Permission to Present Late Claim

RECOMMENDED ACTION
Deny Application for Permission to Present Late Claim for damages filed June 18, 2024, by Attorney Megan Koster on behalf of claimant Annamarie Isabel Cortez, FR102209/22937.

SUMMARY
On June 18, 2024, the City was served with an application for permission to present late claims by Annamarie Isabel Cortez pursuant to Government Code §911.6(b)(4). Annamarie Isabel Cortez alleges she was injured by a dog when she entered the property located at 933 E. Sonora Avenue, Tulare, California on July 19, 2023. Claimant is requesting permission to present a late claim pursuant to Government Code §911.6(b)(4) and §911.6(b)(2) alleging the reason for delay was:
• A person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all time specified in 911.2; and
• The reason for delay was due to mistake, inadvertence, surprise, or excusable neglect since claimant retained her legal counsel on May 14, 2024, after the six-month period.

Dist. v Superior Court (1979) 98 CA3d 57, 62. It is recommended the permission to present a late claim be denied.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

LEGAL REVIEW
The item was reviewed by the RMA Attorney and City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 7.3
Consent

7.3 Consent Page 1

ATTACHMENTS

1. Application for Permission to Present Late Claims - Annamarie Isabel Cortez Reviewed/Approved:

7.3 Consent Page 2

7.3 Consent Page 3 ATTACHMENT 1

7.3 Consent Page 4

7.3 Consent Page 5

7.3 Consent Page 6

7.3 Consent Page 7

7.3 Consent Page 8

7.3 Consent Page 9
Staff Report
Meeting: City Council
Date: July 2, 2024
Department: Community Services
Submitted by: Jason Glick, Community Services Director
Agenda Title: Tulare Cares Temporary Encampment Meal Delivery Contract

RECOMMENDED ACTION
Authorize the City Manager to execute a contract with Salt + Light for meal delivery service to the Tulare Cares Temporary Encampment, subject only to minor conforming and clarifying changes acceptable to the City Attorney and the City Manager.

SUMMARY
In January 2023, the City opened the Tulare Cares Temporary Homeless Encampment to provide a safe and humane area for the homeless community to live until the permanent shelter is complete.

FISCAL IMPACT & FUNDING SOURCES
If approved, the meal delivery service will be paid through the 601-4601-7301 fund.

LEGAL REVIEW
This item has been reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Salt + Light Proposal

2. Contract
Reviewed/Approved:

Item #: 7.4
Consent

7.4 Consent Page 1

7.4 Consent Page 2 ATTACHMENT 1

7.4 Consent Page 3

7.4 Consent Page 4
Agreement For Services with Salt + Light Works 1
Service Agreement
City of Tulare, California
THIS AGREEMENT is made and entered into, effective on July 1, 2024, by and between the CITY OF TULARE, a California municipal corporation (City), and SALT + LIGHT WORKS, a California nonprofit corporation (“Service Provider”).

RECITALS
WHEREAS, City desires to obtain professional procurement, inventory management, street outreach, and food and palliative care resources distribution services for the Tulare Cares Encampment (Encampment); and
WHEREAS, Service Provider is engaged in the business of furnishing such services as a procurement, inventory management, street outreach, and food and palliative care resources distribution and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of the Encampment Resolution Funding (ERF) Program and applicable City municipal code and policies.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:

1. Scope of Services. Service Provider shall perform to the satisfaction of City the following services, including all work incidental to, or necessary to perform, such services even though not specifically listed below:
a. Procure and store donations of food, palliative relief items, and other living essentials for distribution to residents of the Tulare Cares Encampment area; b. Manage inventory and distribute meals and palliative relief items to residents of the Tulare Cares Encampment area seven (7) days a week to provide food assistance and personal palliative relief items;
c. Oversee and coordinate aforementioned services through an Outreach Manager, Support Lead, and/or Volunteer Supervisor staff member(s); d. Collect financial and performance data and produce corresponding reports as requested;
e. Promoting the efforts of the Tulare Cares Encampment to help people experiencing homelessness;
f. Coordinate and maintain a monthly schedule that is shared between the City of Tulare and Salt+ Light. The calendar will detail the date, time, and partners that are making & delivering the meals as well as the type of meal to be provided; g. Instructing partners on the meal expectations related to quality and quantity; h. Educating partners on ways to cultivate community with neighbors as well as how to maintain healthy boundaries; and
i. Partner with agencies using Coordinated Entry to create touch points with people living in the Tulare Cares Encampment area in an effort to connect them to services

7.4 Consent Page 5 ATTACHMENT 2
Agreement For Services with Salt + Light Works 2
and ensure that their information is recorded in the Homeless Management Information System (HMIS).

2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2025 (Initial Termination Date), subject to any earlier termination in accordance with this Agreement. The services of Service Provider as described herein are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance required herein.

Following the Initial Termination Date, City and Service Provider may mutually agree to a month-to-month term up to another twelve (12) months, ending on June 30, 2026.

3. Compensation.
a. Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a fee not to exceed $400.00 per week. Such fee includes all expenses incurred by Service Provider in performance of the services.
b. Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business but no later than thirty (30) days of receipt. City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. c. The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to Service Provider’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. Service Provider shall not be entitled to any additional compensation if services are performed prior to a signed written amendment.

4. Termination, Remedies, and Force Majeure.
a. This Agreement shall terminate without any liability of City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Encampment; or (iv) expiration of this Agreement.
b. Immediately upon any termination or expiration of this Agreement, Service Provider shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to City any and all unearned payments and all properties and materials in the possession of Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.

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Agreement For Services with Salt + Light Works 3
c. In the event of termination due to failure of Service Provider to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Service Provider, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. d. Upon any breach of this Agreement by Service Provider, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
e. Service Provider shall provide City with adequate written assurances of future performance, including but not limited, a letter detailing service level, expenditure, and/or administrative corrections and/or improvements to accomplish, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement.
f. Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable efforts, and shall promptly give written notice to Administrator of the cessation of such occurrence.

5. Confidential Information and Ownership of Documents. a. Any reports, information, or other data prepared or assembled by Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in City.
b. Any and all writings and documents prepared or provided by Service Provider pursuant to this Agreement are the property of City at the time of preparation and shall be turned over to City upon expiration or termination of the Agreement.

Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein.

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Agreement For Services with Salt + Light Works 4
c. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 5. d. This Section 5 shall survive expiration or termination of this Agreement.

6. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards.

7. Indemnification. To the furthest extent allowed by law, Service Provider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement.
a. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
b. This section shall survive termination or expiration of this Agreement.

8. Insurance.
a. Throughout the life of this Agreement, Service Provider shall pay for and maintain in full force and effect the following insurance coverage with an insurance company(ies) either admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City’s Risk Manager or designee at any time and in its sole discretion:
i. Commercial General Liability with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Service Provider’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is

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Agreement For Services with Salt + Light Works 5
also required. Coverage shall contain a waiver of subrogation in favor of the City.
ii. Business Automobile Liability or owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. iii. Workers’ Compensation and Employers’ Liability with limits of at least one million dollars ($1,000,000). Service Provider shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. iv. Professional Liability Insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
b. All Coverages shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. c. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
d. Evidence of Insurance - Prior to commencement of work, the Service Provider shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Service Provider must agree to provide complete, certified copies of all required insurance policies if requested by the City.
e. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. f. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Service Provider.
g. The required policies of insurance shall maintain limits of liability of not less than those amounts stated herein. However, the insurance limits available to City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
h. If at any time during the life of the Agreement or any extension, Service Provider or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Service Provider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid

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for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
i. The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
j. Upon request of City, Service Provider shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
k. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Service Provider and City prior to the commencement of any services by the subcontractor.

9. Conflict of Interest and Non-Solicitation
a. During the term of this Agreement, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in its conflict of interest disclosure statement. b. Service Provider shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving

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rise to the appearance of a conflict of interest, Service Provider shall immediately notify City of these facts in writing.
c. In performing the work or services to be provided hereunder, Service Provider shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. d. Service Provider represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder.
e. Service Provider and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Agreement unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. f. If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
g. This Section 9 shall survive expiration or termination of this Agreement.

10. General Terms
a. Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. b. Records of Service Provider’s expenses pertaining to the Agreement shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Agreement shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to City until such action is resolved, or until the end of said time period whichever shall later occur. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 10(b) shall survive expiration or termination of this Agreement.
c. Prior to execution of this Agreement by City, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.

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11. Nondiscrimination. To the extent required by controlling federal, state and local law, Service Provider shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, military and veteran status, or any other protected characteristic by state or federal law. Subject to the foregoing and during the performance of this Agreement, Service Provider agrees as follows:
a. Service Provider will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, military and veteran status be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. Service Provider will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, and military and veteran status. Service Provider shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, and military and veteran status. Such requirement shall apply to Service Provider’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
c. Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, and military and veteran status.
d. Service Provider will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 11.

12. Independent Contractor.
a. In the furnishing of the services provided for herein, Service Provider is acting solely as an independent contractor. Neither Service Provider, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Service Provider

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shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. b. This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof.
c. Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Service Provider may be providing services to others unrelated to City or to this Agreement.

13. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.

14. Binding. Subject to Section 15, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.

15. Assignment.
a. This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee.
b. Service Provider hereby agrees not to assign the payment of any monies due Service Provider from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Service Provider directly to Service Provider.

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16. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

17. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement.

Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

18. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Tulare County, California.

19. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.

20. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.

21. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

22. Attorney’s Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.

24. Cumulative Records. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

25. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

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26. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Service Provider.

27. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement at Tulare, California, the day and year first above written.

CITY OF TULARE,
a California municipal corporation
By:_____________________________
Marc Mondell
City Manager
APPROVED AS TO FORM:

By:_____________________________
Mario U. Zamora
City Attorney
ATTEST:

By:_____________________________
Melissa Hermann, CMC, CPMC
Chief Deputy City Clerk
Addresses:

CITY:

City of Tulare
Attention: Jason Glick, Community Services Director
411 East Kern Avenue
Tulare, CA 93274
Phone: (559) 684-4315
FAX: (559) 685-2339

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SALT + LIGHT WORKS,
a California nonprofit corporation
By:_______________________________
Name:____________________________
Title:_____________________________

By:_______________________________
Name:____________________________
Title:_____________________________

SERVICE PROVIDER:

Salt + Light Works
Attention: Adrianne Hillman, Founder/CEO
6943 W. Pershing Ct.

Visalia, CA 93291
Phone: (559) 799-3408

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Staff Report
Meeting: City Council
Date: July 2, 2024
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Accept and Appropriate Federal Earmark for Construction of Homeless Shelter

RECOMMENDED ACTION
Adopt a resolution accepting a federal earmark for $1,500,000 to fund a portion of the construction costs of a homeless shelter (Project FM-0048); authorizing the City Manager or designee to execute all agreements and other documents necessary to receive the funds; and authorizing establishment of General Fund CIP Fund appropriation(s) of $1,500,000 and a corresponding revenue budget.

SUMMARY
Homelessness is a complex issue impacting many individuals and communities, including the Central Valley. It occurs for a myriad of reasons, which can vary significantly from individual to individual, such as unaffordable housing costs, trauma, loss of employment, underemployment, abandonment, or choice. Many of the homeless are chronically unhoused due to barriers against sustaining housing, like untreated mental illness, addiction, or criminal record.

In January 2022, the Kings Tulare Homeless Alliance conducted its 2022 Point in Time (PIT) count of the number of people experiencing sheltered and unsheltered homelessness in Tulare and Kings Counties, with volunteers canvassing locations where people experiencing homelessness are known to regularly congregate, i.e., encampments, libraries, food distribution sites, etc. The PIT count results indicated 212 people were homeless in the City of Tulare, an increase of 190% since 2012, with 69 people considered to be chronically homeless. In the County, 922 people in Tulare County found to be homeless, 258 of whom were considered chronically homeless.

Item #: 7.5
Consent

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Over the past several years, the City has been discussing the issue of homelessness, its impacts on the community, and possible solutions.

Construction of the Tulare Homeless Shelter is anticipated to begin in Fall 2024 with completion of the facility by Fall 2025. The estimated cost to complete construction is $6.8 million.

FISCAL IMPACT & FUNDING SOURCES
No City match is required to receive the funds, and accepting the funds will reduce the impact of the cost to the General Fund for construction of the Tulare Homeless Shelter by $1.5 million.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution
Reviewed/Approved:

7.5 Consent Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ACCEPTING A FEDERAL EARMARK OF $1,500,000 TO FUND A PORTION OF THE CONSTRUCTION COSTS OF A HOMELESS SHELTER (PROJECT FM0048),

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL

AGREEMENTS AND OTHER DOCUMENTS NECESSARY TO RECEIVE THE

FUNDS, AND AUTHORIZING ESTABLISHMENT OF GENERAL FUND CIP FUND APPROPRIATION(S) OF $1,500,000 AND A CORRESPONDING REVENUE BUDGET WHEREAS, the City of Tulare (City) requested an allocation of United States Department of Housing & Urban Development (HUD) Community Project Funding/ Congressionally Directed Spending (CPFCDS) through the offices of the late Senator Dianne Feinstein, Senator Padilla, and Congressmember Valadao; and WHEREAS, the specific purpose of the HUD CPFCDS funds requested by the City is to partially fund construction of an emergency homeless shelter within the City, Project FM0048 – Homeless Shelter; and
WHEREAS, $1,500,000 of HUD CPFCDS funds for construction of the City’s emergency homeless shelter is included in the Consolidated Appropriations Act, 2023 (Public Law 117-328), which was signed into law by the President on December 29, 2022; and
WHEREAS, there is no local match requirement for these funds; and WHEREAS, funding for the CPFCDS grant will be administered by HUD, through which the City will execute the required documentation to obligate and receive grant funds.

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

Section 1. The City Manager, or designee, is hereby authorized to accept the Fiscal Year 2023 HUD CPFCDS funds in the amount of $1,500,000.

Section 2. The City Manager, or designee, is hereby authorized to execute all necessary documents for the allocation of grant funds.

Section 3. The Chief Financial Officer, or designee, is hereby authorized to adjust the City’s budget as necessary to facilitate the allocation and application of grant funds to City Project FM0048 – Homeless Shelter in accordance with the required terms and conditions of the funding source.
/////

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Resolution 2024-XX

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 2nd day of July 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

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Staff Report
Meeting: City Council
Date: July 2, 2024
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Mission Creek Subdivision

RECOMMENDED ACTION
Adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2023-01 (East Tulare No. 37 – Mission Creek) and detachment of the property from the Tulare Irrigation District and County Service Area No. 1; pass to print an ordinance approving Zone Amendment No. 751, pre-zoning the subject property to the R-1-4 (Small-lot Residential) zoning designation; and adopt a resolution adopting a Mitigated Negative Declaration prepared for annexation No. 2023-01 (East Tulare No. 37 – Mission Creek), Zone Amendment No. 751, Conditional Use Permit No. 2023-16, and Tentative Subdivision Map - Mission Creek.

SUMMARY
This is a request by N and M Tulare LLC. to annex into the City limits and subdivide approximately 39.26-acres into a 255-lot single-family residential subdivision. The subject parcel is currently outside of the City limits and is currently subject to the County’s zoning designation. The applicant is proposing to pre-zone the subject property to the R-1-4 (Small-lot Residential) and zoning designation to become effective upon annexation into the City limits.

Annexation
The project proponents are requesting to annex and subdivide an approximately 39.26-acre site. The project site is full encompassed by the existing City limit boundary and is considered an unincorporated County Island. The project site currently consists of vacant land that has formerly been used for agriculture. The proposed annexation represents an orderly expansion of the City limits and resolves the previous creation of an island. The project also includes a request to detach from the Tulare Irrigation District and County Service Area No. 1. Staff has reviewed the proposed annexation and determined it to be consistent with Chapter 10.26 – Annexations, of the City of Tulare Municipal Code.

Item #: 8.1
Public Hearing

8.1 Public Hearing Page 1
Zone Amendment
The subject property is currently subject to the zoning designation established by the County of Tulare. Upon annexation, the project proponents are proposing to establish the underlying zoning designation as R-1-4 (Small-lot Residential). The proposed R-1-4 zoning designation is consistent with the existing Low Density Residential land use designation.

Comments from DTSC discussed the possibility for the need of a Phase I Environmental Site Assessment. The applicant has completed a Phase I assessment and provided it to City staff.

The Phase I Environmental Site Assessment has been provided as appendix G to the IS/MND.

FISCAL IMPACT & FUNDING SOURCE(S)
The proposed action will not have any immediate financial impact. As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

It is recommended that future action be taken to amend the City’s development impact fee program to add longer term infrastructure improvements specifically related to traffic to the program.

LEGAL REVIEW
This item does not require legal review.

8.1 Public Hearing Page 2

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – If denied, the proposed annexation area would remain within the jurisdiction of Tulare County and the “Project Area” would remain subject to the County’s AE-40 (Agricultural Exclusive, 40-acre minimum parcel size) zoning designation.

3. Table

ATTACHMENTS

1. Resolution – Annexation

2. Resolution – IS / MND

3. Ordinance – Zone Amendment

4. PC Package

5. Final IS / MND (available electronically due to size; separate document) Reviewed/Approved:

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RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

REQUESTING THE TULARE COUNTY LOCAL AGENCY FORMATION
COMMISSION TO TAKE PROCEEDINGS FOR ANNEXATION NO. 2023-01 (EAST TULARE NO. 37 – MISSION CREEK) AND DETACHMENT OF THE PROPERTY FROM TULARE IRRIGATION DISTRICT AND COUNTY SERVICE AREA NO. 1 WHEREAS, the City Council of the City of Tulare, desires to initiate proceedings for annexation to said city of territory described on the attached legal description; and WHEREAS, the City Council of the City of Tulare at a regular meeting on July 2, 2024 held a public hearing to consider a request by N and M Tulare LLC. to annex approximately 39.26-acres into the city limits of the City of Tulare. The project is generally located on the southwest corner of Bardsley Avenue and Oakmore Street; and WHEREAS, the City Council of the City of Tulare desires to annex said territory to the City of Tulare for the following reasons: The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Code of the State of California; and
WHEREAS, an Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant environmental impact with the incorporation of mitigation measures.

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

Section 1. That the Council of the City of Tulare hereby authorizes application to be made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory illustrated in the map attached as Exhibit ‘A’.

Section 2. In conjunction with the proceedings being taken for this annexation proposal application is also hereby authorized to be made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California for detachment from the Tulare Irrigation District and County Service Area No. 1.

Section 3. That upon annexation, the territory shall be zoned R-1-4 (Small-lot Residential) consistent with Zone Amendment No. 751.

8.1 Public Hearing Page 4 ATTACHMENT 1
Resolution 2024-XX

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 2nd day of July 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

8.1 Public Hearing Page 5
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR ANNEXATION NO. 2023-01 (EAST TULARE NO. 37) – MISSION CREEK TENTATIVE SUBDIVISION MAP – (MISSION CREEK), ZONE AMENDMENT NO. 751 AND CONDITIONAL USE PERMIT NO. 2023-16
WHEREAS, the Council of the City of Tulare held a regular meeting on July 2, 2024 to adopt a Mitigated Negative Declaration prepared for Annexation No. 2023-01 (East Tulare No. 37 – Mission Creek), Tentative Subdivision Map – (Mission Creek), Zone Amendment No. 751, and Conditional Use Permit No. 2023-16; and WHEREAS, the Council of the City of Tulare determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and
WHEREAS, the Council of the City of Tulare considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment after mitigation; and WHEREAS, the Council of the City of Tulare determined that the proposed Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis.

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

Section 1. That the Mitigated Negative Declaration prepared for Annexation No. 2023-01 (East Tulare No. 37 – Mission Creek), Tentative Subdivision Map – (Mission Creek), Zone Amendment No. 751, and Conditional Use Permit No. 2023-16 is hereby adopted by the Council of the City of Tulare.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 2nd day of July 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

8.1 Public Hearing Page 6 ATTACHMENT 2
ORDINANCE 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE

AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION

10.04.04 OF SAID CODE ZONE AMENDMENT NO. 751
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section

10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.04.04; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

PRE-ZONING approximately 39.26-acres of property to the R-1-4 (Small-lot Residential) zone district to become effective upon annexation into the City limits and is located on the southwest corner of Bardsley Avenue and Oakmore Street as set forth more specifically on said map.

SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

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

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

8.1 Public Hearing Page 7 ATTACHMENT 3
ORDINANCE 2024-XX

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

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Staff Report
Meeting: City Council
Date: July 2, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director of Economic Development & Redevelopment
Agenda Title: Highway 99 Interchange Study and Land Use Assumptions Phase I Final Report

RECOMMENDED ACTION
Receive and accept the City of Tulare Highway 99 Interchange Study and Land Use Assumptions Phase I Final Report as prepared by Eight20 Consulting dba ZacTax; and authorize staff to initiate Phase II to explore potential options to encourage fiscally sustainable development patterns at and around the new Interchange.

SUMMARY
In January 2024, the City of Tulare entered into a contract with Eight20 Consulting dba ZacTax for the purpose of analyzing development patterns at key interchanges along Highway 99 and to provide a report outlining land use assumptions and economic impacts at these defined interchanges.

As a result, ZacTax analyzed development patterns across five interchanges located along Highway 99 and used the insights from that process to approximate how the areas surrounding the new interchange in Tulare could develop given the City’s current land use plans, building standards, and costs to provide basic services and infrastructure. The initial results from the fiscal impact are intended to provide a picture of what could happen if the City of Tulare were to take a more passive approach regarding development surrounding the new interchange.

As recommended by ZacTax, staff requests City Council authorize staff to initiate a second phase of this study to explore the potential options to encourage more fiscally sustainable development patterns, especially within 1.0 to 2.0 miles of the new interchange. This study would consider things like potential alternative land use assumptions, changes to building standards, and changes to infrastructure maintenance and replacement schedules. As proposals and plans to develop property surrounding the new interchange are presented to the City, staff concurs with ZacTax’s recommendation that the City complete an updated fiscal impact for each development.

Item #: 9.1
General Business

9.1 General Business Page 1

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. City of Tulare HWY 99 Interchange Study and Land Use Assumptions Final Report Reviewed/Approved:

9.1 General Business Page 2
City of
Tulare
Highway 99 interchange
study and land use
assumptions
Date:

June 2024
Create By.

Michael Coon, West Region VP, ZacTax
Maria Skrut - AICP, Community Planner / Project Manager, ZacTax

9.1 General Business Page 3 ATTACHMENT 1
About Us
The City of Tulare has chosen ZacTax to analyze the potential impacts of future developments within a two-mile radius of the new interchange under construction at Hwy 99 and the International Agri-Center in Tulare, California. This analysis will compare the development patterns of five similar but fully developed interchanges along Hwy 99 in various counties.

Although the new interchange will not develop in exactly the same way as the five selected interchanges, this comparison will help the City identify necessary land uses and infrastructure investments for planning purposes, ensuring optimal development opportunities.

Our work with Tulare, CA
Since the beginning, ZacTax has conducted sales tax analysis for over 240 cities. What began as an analysis platform has evolved into a multifaceted service company. As our team has grown, so has our expertise, enabling us to offer a wide range of consulting services, including financial management, city management, and city planning. We specialize in understanding the impact of developments, assisting city professionals in making better-informed strategic decisions.
2 9.1 General Business Page 4
Purpose & Overview
CONTENTS.
02 08 Property and Sales Tax Data Analysis
Future Land Use Assumptions
Fiscal Impact
48 34 Land Use Assumptions
42 Executive Summary

9.1 General Business Page 5
Purpose &
Overview

01. 9.1 General Business Page 6
Purpose
ZacTax has compiled
property data to produce
parcel information and
conduct property
comparisons of the five
interchanges.

This analysis was performed
using publicly available data.

Throughout the analysis,
certain fields were found to
be incomplete or missing.

The land use assumptions
(LUA) for the study area
determines residential and
non-residential buildout, as
well as 10 to 15 year growth
projections.

This analysis will provide
revenue and expenditure
impact analysis for the
subject area.

Property & Sales
Tax Analysis
Land Use
Assumptions
Economic Impact
Analysis
Accurate property data and information can help fuel and accelerate proper development of undeveloped areas in a city. With the information provided, ZacTax hopes that it will give Tulare the tools necessary to make proper assumptions for prospective new development.
2 9.1 General Business Page 7
Bakersfield, CA
Hwy 99 at 178
Elk Grove, CA
Hwy 99 at
Laguna Blvd
Manteca, CA
Hwy 99 at 120
Stockton, CA
Hwy 99 at
Mariposa Blvd
Located in Kern County Located in Sacramento
County
Located in San Joaquin
County
Located in San Joaquin
County
Five Interchange Comparisons
The City of Tulare selected five interchanges similar to HWY 99 at International Agri-Center Way for analysis.
1 2 3
Modesto, CA
Hwy 99 at 132
Located in Stanislaus
County
4 5
3 9.1 General Business Page 8
City Tax Rate County Tax Rate Amount
Bakersfield 0.187 0.173 Bakersfield $20,035
Elk Grove 0.046 0.161 Elk Grove $18,216
Manteca 0.144 0.198 Manteca $19,299
Modesto 0.090 0.231 Modesto $16,846
Stockton 0.160 0.212 Stockton $20,895
Tulare 0.141 0.145 Tulare $18,923
*Based on data from CDTFA's Open Data Portal
Taxable Sales Population
Median
Household
Income
Median Value of OwnerOccupied Housing
Bakersfield 8,227,405,401 410,647 $73,827 $320,600
Elk Grove 3,234,396,635 177,558 $115,864 $560,500
Manteca 1,654,548,603 85,732 $89,966 $506,900
Modesto 3,673,664,679 218,069 $73,375 $381,800
Stockton 6,724,541,458 321,819 $71,612 $382,000
Tulare 1,337,758,101 70,693 $65,933 $286,200
Property Taxes Per $100 of Value 2022 Taxable Sales/1000 Population* ACS Census 2022 Data
City Tax Rate County Tax Rate Amount
Bakersfield 0.187 0.173 Bakersfield $20,035
Elk Grove 0.046 0.161 Elk Grove $18,216
Manteca 0.144 0.198 Manteca $19,299
Modesto 0.090 0.231 Modesto $16,846
Stockton 0.160 0.212 Stockton $20,895
Tulare 0.141 0.145 Tulare $18,923
*Based on data from CDTFA's Open Data Portal
Taxable Sales Population
Median
Household
Income
Median Value of OwnerOccupied Housing
Bakersfield 8,227,405,401 410,647 $73,827 $320,600
Elk Grove 3,234,396,635 177,558 $115,864 $560,500
Manteca 1,654,548,603 85,732 $89,966 $506,900
Modesto 3,673,664,679 218,069 $73,375 $381,800
Stockton 6,724,541,458 321,819 $71,612 $382,000
Tulare 1,337,758,101 70,693 $65,933 $286,200
Property Taxes Per $100 of Value 2022 Taxable Sales/1000 Population* ACS Census 2022 Data
Overview of Comparison Interchanges
Census tax and demographic data:

Source: Local Budget Documents and County Auditor/
Controller Offices
Source: U.S. Census Bureau, American Community Survey
Source: CDTFA
2022 Taxable Sales/Capita*
City Tax Rate County Tax Rate Amount
Bakersfield 0.187 0.173 Bakersfield $20,035
Elk Grove 0.046 0.161 Elk Grove $18,216
Manteca 0.144 0.198 Manteca $19,299
Modesto 0.090 0.231 Modesto $16,846
Stockton 0.160 0.212 Stockton $20,895
Tulare 0.141 0.145 Tulare $18,923
*Based on data from CDTFA's Open Data Portal
Taxable Sales Population
Median
Household
Income
Median Value of OwnerOccupied Housing
Bakersfield 8,227,405,401 410,647 $73,827 $320,600
Elk Grove 3,234,396,635 177,558 $115,864 $560,500
Manteca 1,654,548,603 85,732 $89,966 $506,900
Modesto 3,673,664,679 218,069 $73,375 $381,800
Stockton 6,724,541,458 321,819 $71,612 $382,000
Tulare 1,337,758,101 70,693 $65,933 $286,200
Property Taxes Per $100 of Value 2022 Taxable Sales/1000 Population* ACS Census 2022 Data
*
4 9.1 General Business Page 9
Overview of Comparison Interchanges
(Zoning type is not
applicable if not listed)
5 Source: Tulare County, Kern County, Stanislaus County, San Joaquin County, & Sacramento County

9.1 General Business Page 10
Property &
Sales Tax Data
Analysis

02. 9.1 General Business Page 11
Subject Area
Tulare, CA: Hwy 99 at International Agri-center Way

9.1 General Business Page 12

AERIAL MAP
8 9.1 General Business Page 13

PROPERTY ANALYSIS

EXISTING CONDITIONS
9 Source: Tulare County & ZacTax

9.1 General Business Page 14
10 Source: Tulare County & ZacTax

PROPERTY ANALYSIS

EXISTING CONDITIONS

9.1 General Business Page 15
*No sales tax revenue for county within 0.5 miles
11 Source: Tulare County & CDTFA Taxable Sales

PROPERTY ANALYSIS

EXISTING CONDITIONS

9.1 General Business Page 16
Selected Interchanges
for Comparison

9.1 General Business Page 17
1 13

9.1 General Business Page 18
1 0
0 0 0
14 Source: San Joaquin County & ZacTax

9.1 General Business Page 19
1 n/a n/a
15 Source: San Joaquin County & ZacTax

9.1 General Business Page 20
1 n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
16 Source: San Joaquin County & CDTFA Taxable Sales

9.1 General Business Page 21
2 17

9.1 General Business Page 22
2 18
Source: San Joaquin County & ZacTax

9.1 General Business Page 23
n/a n/a
2 19
Source: San Joaquin County & ZacTax

9.1 General Business Page 24
2 n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
20 Source: San Joaquin County & CDTFA Taxable Sales

9.1 General Business Page 25
3 21

9.1 General Business Page 26
3 22
Source: Stanislaus County & ZacTax

9.1 General Business Page 27
3 23
Source: Stanislaus County & ZacTax

9.1 General Business Page 28
3 n/a
n/a
n/a
n/a
n/a
n/a
n/a
24 Source: Stanislaus County & CDTFA Taxable Sales

9.1 General Business Page 29
4 25

9.1 General Business Page 30
4 26
Source: Kern County & ZacTax

9.1 General Business Page 31
4 27
Source: Kern County & ZacTax

9.1 General Business Page 32
4 n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
28 Source: Kern County & CDTFA Taxable Sales

9.1 General Business Page 33
5 29

9.1 General Business Page 34
5 30
Source: Sacramento County & ZacTax

9.1 General Business Page 35
5 31
Source: Sacramento County & ZacTax

9.1 General Business Page 36
5 (County Sales Tax N/A, zero lots within the 0.5 mile radius) 32 Source: Sacramento County & CDTFA Taxable Sales

9.1 General Business Page 37
Land Use
Assumptions

03. 9.1 General Business Page 38

EXISTING CONDITIONS
34 Source: Tulare County & ZacTax
All parcels within 2-
miles of the interchange
that are inside and
outside city limits:

Outside
Inside

9.1 General Business Page 39

EXISTING CONDITIONS
35 Source: Tulare County & ZacTax

9.1 General Business Page 40

EXISTING CONDITIONS

EXISTING

ZONING TYPE
ZacTax Zoning Categories
Government
36 Source: Tulare County & ZacTax

9.1 General Business Page 41
Basic 4,782,352
Retail 733,526
Service 112,221
• Basic: higher impact uses
that generate goods and
services
• Retail: retail of goods
such as, restaurants,
grocery stores, clothes,
etc.
• Service: personal and
professional services such
as schools, medical
offices, etc.

EXISTING CONDITIONS

NON-RESIDENTIAL

TYPES & BUILDING SQFT
37 Source: Tulare County & ZacTax

9.1 General Business Page 42

EXISTING CONDITIONS

EXISTING RESIDENTIAL

DWELLING UNITS
Multi Family
Residential 160
Single Family
Residential 2647
Grand Total 2807
38 Source: Tulare County & ZacTax

9.1 General Business Page 43

0.5 miles Land Use Assumptions
(Residential buildout is based on the City of Tulare’s Adopted General Plan’s max number of dwelling units per future land use type and non-residential is based on the current average floor area ratio) Within a 0.5-mile radius of the Tulare Interchange, there has been no growth since 2014. By calculating the current floor area ratio and analyzing growth trends from the Elk Grove Interchange, we projected growth over the next 10 to 15 years (~80% buildout). Due to data constraints, Sacramento County, where Elk Grove is located, was the only county for which ZacTax could obtain year-built data to calculate these trends. Although Elk Grove has more residential areas within 0.5 miles, we adjusted the growth trends to reflect Tulare’s profile accurately. The service and residential category remains at zero since there are currently no such uses within 0.5 miles, and the Tulare General Plan, adopted in 2014, does not foresee any residential or service uses in the future.
(Tulare County Parcel Characteristic Data, Sacramento County, & Tulare General Plan) Year

0.5 Miles Building Square Footage 0.5 Miles Dwelling Units Basic Retail Service Multi Family Single Family
2014 496,066 226,794 00 0
2024 496,066 226,794 0 0 0
10 - 15 Year
Growth 564,230 1,015,057 0 0 0

POTENTIAL BUILDOUT

0.5 Miles Non Residential 0.5 Miles Residential
Basic Retail Service Multi Family Single Family Total
704,426 1,264,320 0 0 0 0
39 Source: Tulare County & ZacTax

9.1 General Business Page 44
1- & 2-mile Land Use Assumptions
(Source: Residential buildout is based on the City of Tulare’s Adopted General Plan’s max number of dwelling units per future land use type and non-residential is based on the current average floor area ratio)
The 1- & 2-mile growth projection utilized the same methods used in the 0.5-mile radius. (Source: Tulare County Parcel Characteristic Data, Sacramento County, & Tulare General Plan) Year
*1.0 Mile Building Square Footage *1.0 Mile Dwelling Units Basic Retail Service Multi Family Single Family
2024 1,426,620 415,540 2,519 15 110
10 - 15 Year
Growth 2,131,204 2,215,000 17,987 94 130
Year
*2.0 Mile Building Square Footage *2.0 Mile Dwelling Units Basic Retail Service Multi Family Single Family
2024 4,776,834 813,334 112,221 160 2,647
10 - 15 Year
Growth 14,141,806 2,657,939 130,685 865 3,505
*POTENTIAL BUILDOUT
Distance

1.0 Mile Non Residential 1.0 Mile Residential
Basic Retail Service Multi Family Single Family Total

1.0 2,663,143 2,764,248 17,987 118 92 210

2.0 17,676,395 3,207,187 130,685 1,082 4,311 5,393
40 *All calculations include the square footage and dwelling units of the previous radius, example - 1.0 mile calculations includes parcels in

0.5 mile radius and 2.0 mile calculations includes parcels in 0.5 and 1 mile radiuses.

9.1 General Business Page 45
Executive Summary

04. 9.1 General Business Page 46
Fiscal Insights for Future Growth
Proper planning and fiscal analysis can help fuel and accelerate fiscally sustainable development patterns.

With this initial study, we have analyzed development patterns across five (5) interchanges located along Highway 99 and used the insights from that process to approximate how the areas surrounding the new interchange in Tulare could develop given the City’s current land use plans, building standards, and costs to provide basic services and infrastructure. The initial results from the fiscal impact are intended to provide a picture of what could happen if the City of Tulare were to take a more passive approach regarding development surrounding the new interchange.

Discussed in the following pages you will find brief summaries of the (1) key assumptions that drive the fiscal impact, (2) the results of the fiscal impact study, (3) additional points to consider, and (4) key recommendations.
42 9.1 General Business Page 47

1. Key Assumptions
• Based on the available data for the comparison interchanges, the study assumes that the areas around the new interchange could see rapid periods of growth until the surrounding area is approximately 80% built out. It is anticipated that it could take 10-15 years to reach 80% buildout within a 0.5 mile radius of Tulare’s new interchange and between 20-30 years to reach 100% buildout. It is anticipated that the buildout timeline will increase the further a property is from the new interchange. For example, the comparison interchanges located in Manteca and Stockton still contain large portions of undeveloped land between the 1.0 mile and 2.0 mile radius of the subject interchanges.
• Future growth is projected based on the City’s current land use plan. • Taking a conservative approach, revenue projections are based on typical or average businesses located within the retail, general commercial, and industrial categories. Actual tax revenues can vary depending on the specific businesses that eventually locate within the 2.0 mile radius. 43 9.1 General Business Page 48

2. Fiscal Impact Results
• Based on the City’s current land use plans, it appears that future development within 1.0 mile of the new interchange will produce a net positive fiscal impact, meaning that the revenues generated from that area will exceed the anticipated costs to provide basic services. • Given the City’s current land use plans and other assumptions in this study, it appears that development within the 1.0 mile to 2.0 mile radius could create a net negative fiscal impact if the City were to take a passive approach regarding its development. 44 9.1 General Business Page 49

3. Additional Points to Consider
• This study does not incorporate input from developers or commercial brokers who may be able to provide additional insights on parties that could be interested in building around the new interchange and the market’s capacity to develop the properties surrounding the new interchange. • This study does not account for any capacity limitations that could be encountered regarding the supply of electricity and gas to future developments.
• For future growth, it's expected that the cost of providing services to some developments and annexations may exceed the revenues generated from those areas. In such cases, ZacTax believes it's crucial to consider not just the fiscal impact but also the quality of life and other key factors that contribute to a thriving community. In short, with proper planning, the impact of developments that generate a net negative fiscal impact can be offset by developments that generate a net positive fiscal impact.
• Updating the assumptions used in the fiscal impact could alter the results. For example, to make the

1.0 mile to 2.0 mile radius more fiscally sustainable the City could look at things like updating its future land use plans, changing its building standards, and or adjusting its standards for infrastructure maintenance and replacement.
45 9.1 General Business Page 50

4. Key Recommendations
• ZacTax recommends that the City initiate a second phase of this study to explore the potential options to encourage more fiscally sustainable development patterns, especially within 1.0 to 2.0 miles of the new interchange. This study would consider things like potential alternative land use assumptions, changes to building standards, and changes to infrastructure maintenance and replacement schedules.
• As proposals and plans to develop property surrounding the new interchange are presented to the City, ZacTax recommends that the City complete an updated fiscal impact for each development. 46 9.1 General Business Page 51
Future Land Use
Assumptions Fiscal
Impact

05. 9.1 General Business Page 52

0.5 Fiscal Impact
48 Source: City of Tulare & ZacTax
Estimated General Fiscal Impact Of Properties within 0.5 miles of the New Hwy 99 Interchange New Tulare Interchange -
Current
New Tulare Interchange -
Future 80% Buildout Notes
General
Annual Road Maintenance $59,279 $117,000
Linear Miles will grow from 2.88 to

5.97 to provide access to new
construction
Annualized Road Replacement $415,296 $791,198
Linear Miles will grow from 2.88 to

5.97 to provide access to new
construction
Annual Sidewalk Maintenance $1,477 $8,220
Linear Miles will grow from 2.03 to

11.30 to provide safe pedestrian
routes along all streets
Annualized Sidewalk
Replacement
$45,886 $255,396
Linear Miles will grow from 2.03 to

11.30 to provide safe pedestrian
routes along all streets
Annual Fire Services $156,957 $375,544
Costs allocated based on Total
Building Square Feet and FY 24
Departmental Budget
Annual Police Services $375,544 $817,855
Costs allocated based on Total
Building Square Feet and FY 24
Departmental Budget
Est. General Costs $1,054,439 $2,365,213
Annual Sales Tax $398,354 $1,574,791 Assumes medium revenue projection Annual Measure I $218,456 $863,608 Assumes medium revenue projection Annual City Property Tax $112,739 $397,754 Assumes medium revenue projection Utility User Tax $117,526 $255,946
Estimated FY24 utility tax revenues
allocated based on Total Building
Square Feet
Annual SB 1 Road Funds - -
State road funding not included due
to no residential projected within 0.5
mile radius
Est. General Revenues $847,074 $3,092,099
Est. Net General Impact ($207,365) $726,886

9.1 General Business Page 53

0.5 Fiscal Impact
49 Source: City of Tulare & CDTFA Taxable Sales
Future Property Tax Revenue Range
Low(1) Medium(2) High(3)
Property Tax from Current
Businesses
$ 281,591 $ 397,754 $ 537,127
Description of Ranges
(1) Assumes same property tax value per building square foot as current properties citywide (2) Assumes same property tax value per building square foot as Commercial & Industrial properties built within last 5 years (3) Assumes same property tax value per building square foot as Commercial & Industrial properties built within last 3 years Future Sales Tax Revenue Range
Low(1) Medium(2) High(3)
General Sales Tax $906,254 $1,574,791 $2,187,127
Measure I Use Tax $496,986 $863,608 $1,199,411
Total Estimate $1,403,240 $2,438,399 $3,386,537
Description of Ranges
(1) Assumes same sales tax revenue per building square foot as current properties within 0.5 miles (2) Assumes 50% new retail uses fall within the city's average revenue collected per square foot for General Merchandise Outlets and the other 50% match the average revenue collected for All Other Outlets. (3) Assumes new retail uses fall within the city's average revenue collected per square foot for General Merchandise Outlets.

9.1 General Business Page 54
1 and 2 mile Fiscal Impact
50 Source: City of Tulare & ZacTax
Estimated General Fiscal Impact if All Parcels are Annexed by City Current

0.5 - 1miles
Future 80%
Buildout

0.5 - 1miles
Current
1 - 2 miles
Future 80%
Buildout
1 - 2 miles
Current
Total 2 miles
Future 80%
Buildout
Total 2 miles
General
Annual Road
Maintenance $168,330 $523,392 $793,223 $2,286,389 $1,020,832 $2,926,782 Annualized Road
Replacement $1,108,081 $3,071,926 $4,382,430 $12,641,117 $5,905,807 $16,504,241 Annual Sidewalk
Maintenance $2,602 $40,683 $37,107 $206,712 $41,186 $255,616 Annualized
Sidewalk
Replacement $80,851 $1,264,000 $1,152,878 $6,422,403 $1,279,615 $7,941,799 Annual Fire
Services $389,635 $1,449,564 $2,460,610 $8,051,137 $3,007,202 $9,876,245 Annual Police
Services $932,258 $3,468,295 $5,887,370 $19,263,530 $7,195,172 $23,549,680 Est. General
Costs $2,681,757 $9,817,861 $14,713,618 $48,871,289 $18,449,814 $61,054,363 Annual Sales Tax $662,868 $5,592,162 $2,187,617 $12,448,752 $3,248,839 $19,615,705 Annual Measure I $363,514 $3,066,717 $1,199,680 $6,826,841 $1,781,649 $10,757,166 Annual City
Property Tax $379,890 $2,336,484 $1,453,825 $11,715,081 $1,946,454 $14,449,318 Utility User Tax $291,748 $1,085,396 $1,842,441 $6,028,485 $2,251,716 $7,369,828 Annual SB 1 Road
Funds $21,451 $25,227 $465,754 $594,635 $487,205 $619,862 Est. General
Revenues $1,719,471 $12,105,986 $7,149,317 $37,613,795 $9,715,862 $52,811,880 Est. Net General
Impact ($962,285) $2,288,125 ($7,564,301) ($11,257,495) ($8,733,951) ($8,242,483)

9.1 General Business Page 55
General Key Takeaways
51 New retail construction is expected to be the key driver in the future sustainability for development within a

0.5 mile radius of the intersection. Based on the current assumptions, retail properties within this area would bring in approximately $1.7 million annually in new tax revenues for the City more than offsetting the $1.3 million increase in the projected costs for providing City services to the area. 0 - 0.5 Miles
A mix of primarily retail, commercial, and industrial construction is expected to produce growth in General Fund revenues that is expected to exceed the growth in the costs to service this area by almost $2.3 million annually.

0.5 - 1 Mile
This area is estimated to have a current net negative fiscal impact of $7.6 million annually. At 80% buildout the net negative impact is anticipated to be around $11.3 million annually. Residential land uses, by building square feet, currently make up about 66% of all land uses in the area. In the future that is expected to decrease to about 24%. Commercial and industrial land uses currently comprise about 30% of the area and are expected to grow to about 74% at 80% buildout. In the current and future scenario this area has a small portion of retail land use, which limits sales and use tax revenues. It is possible that adjusting future land use plans to contain more retail could help to make this area more fiscally sustainable in the long run. 1 - 2 Miles
The anticipated negative fiscal impact from the 1.0 mile to 2.0 miles area, is projected to overtake the positive fiscal impacts from projected development within the 0.0 mile to 1.0 mile range. To improve these results, the city can look at adjusting land use plan, updating building standards, or adjusting standards for infrastructure maintenance and replacement.
0 - 2 Miles

9.1 General Business Page 56
M&O Fiscal Impact of All Parcels
52 Source: City of Tulare & ZacTax
Estimated M&O Fiscal Impact if All Parcels are Annexed by City Current
0 - 0.5 miles
Future 80%
Buildout
0 - 0.5 miles
Current

0.5 - 1miles
Future 80%
Buildout

0.5 - 1miles
Current
1 - 2 miles
Future 80%
Buildout
1 - 2 miles
Current
Total 2 miles
Future 80%
Buildout
Total 2 miles
M&O
Annual Water
M&O $211,350 $383,170 $407,441 $1,460,052 $2,453,300 $7,351,839 $3,072,091 $9,195,061 Annual Sewer
M&O $309,650 $616,614 $719,417 $2,600,974 $4,681,565 $13,437,775 $5,710,631 $16,655,363 Est. Utility
Costs $521,000 $999,784 $1,126,858 $4,061,026 $7,134,865 $20,789,614 $8,782,722 $25,850,425 Annual Water
Revenues $260,818 $383,170 $407,441 $1,460,052 $2,453,300 $7,351,839 $3,121,559 $9,195,061 Annual Sewer
Revenues $238,467 $616,614 $719,417 $2,600,974 $4,681,565 $13,437,775 $5,639,449 $16,655,363 Est. Utility
Revenues $499,285 $999,784 $1,126,858 $4,061,026 $7,134,865 $20,789,614 $8,761,008 $25,850,425 Est. Net Utility
Impact ($21,714) $0 $0 $0 $0 $0 ($21,714) $0
NOTES:
• Annual Water M&O: Within the 0 - 0.5 miles water lines will grow from 3.96 linear miles to 7.18 linear miles based on the city's current proportion of linear road miles to water lines
• Annual Sewer M&O: Within the 0 - 0.5 miles sewer lines will grow from 3.07 linear miles to 6.11 linear miles based on the city's current proportion of linear road miles to sewer lines
• Annual Water & Sewer Revenues: Current based on actual service charge revenue. Due to Proposition 218 restrictions, future revenues are tied to future expenses to meet cost recovery requirements.

OVERALL:

Demands on the utility systems can vary widely based on the specific needs of new businesses. However, due to Proposition 218 and the City’s current rate setting process, over the long-run rates will be adjusted to ensure proper cost recovery for all costs associated with operating and maintaining the City’s utility systems.

9.1 General Business Page 57

9.1 General Business Page 58
Staff Report
Meeting: City Council
Date: July 2, 2024
Department: Engineering Services
Submitted by: Michael Miller, City Engineer
Agenda Title: Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the subdivision agreement for the final map of Farrar Estates Phase 2.

SUMMARY
Planning Commission Resolution No. 5355, adopted on December 23, 2019, approved the tentative map for the Farrar Estates subdivision located on the north side of Tulare Avenue (State Route 137) west of Morrison Street and along the west side of Morrison Street north of Tulare Avenue. The overall subdivision comprises approximately 76.5 acres and is being developed in four phases. In the traffic impact studies prepared for the project, improvements to the intersection of Tulare Avenue and Morrison Street were identified as necessary to mitigate project impacts. An Intersection Control Evaluation (ICE) Study was subsequently required by Caltrans to determine the type of intersection improvement to be implemented.

The ICE Study identified that construction of a roundabout was the preferred improvement alternative.

In the City of Tulare’s adopted 2020 Development Impact Fee Program, a traffic signal had been identified as the anticipated intersection improvement for the intersection of Tulare Avenue and Morrison Street, and the estimated cost of a traffic signal ($350,000) was incorporated into the resulting fee schedule. Recognizing that the higher costs associated with construction of a roundabout at the intersection would result in a significant funding shortfall and burden on the Farrar Estates development, Caltrans offered to partner with the City of Tulare to provide $1.25 million of State Highway Operation and Protection Program (SHOPP) funding to help offset the higher costs. To facilitate this funding, it was necessary for the City to undertake construction of the roundabout as a City project and to enter into a cooperative agreement with Caltrans. This cooperative agreement was approved by City Council on January 17, 2023. It is now necessary for the City to enter into an agreement with Woodside 06N, LP, the Developer of the Farrar Estates subdivision, to secure their participation in the funding of the roundabout construction and to memorialize the terms, conditions, and responsibilities of each party as related to said construction. The attached “First Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2” was prepared by the City Attorney, has been executed by the Developer, and is presented to City Council for approval and authorization for the City Manager to execute on the City’s behalf.

9.2 General Business Page 1
connections to Morrison Street will be opened to traffic upon completion of the improvements, and restrictions on home occupancies related to the improvements will be lifted.

The construction contracts for Capital Improvement Project No. EN0103 - Tulare Avenue/Morrison Street Roundabout were awarded at the June 18, 2024 City Council Meeting.

It is anticipated that construction activities will commence in late July.

FISCAL IMPACT & FUNDING SOURCES
CIP Project No. EN0103 will utilize a combination of development impact fees (State Highway Category), Caltrans SHOPP funds, and funding from the developer of the Farrar Estates subdivision.

Fund 245 – State Highway DIF
Fund TBD – Caltrans SHOPP
Fund TBD – Developer Share

LEGAL REVIEW
The attached “First Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2” has been prepared by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – Staff would work to incorporate any changes or recommendations directed by Council, which would also be subject to Developer review and approval.

2. Deny – An agreement between the City and the Developer of the Farrar Estates subdivision is necessary to memorialize the terms, conditions and responsibilities of each party as related to construction of City Capital Improvement Program Project EN0103 – Tulare Avenue/Morrison Street Roundabout.

3. Table – The construction contracts for Project EN0103 have been awarded. It is recommended that an agreement between the City and the Developer of the Farrar Estates project be fully executed in advance of any construction activities commencing.

ATTACHMENTS

1. First Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2 Reviewed/Approved:

9.2 General Business Page 2
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAILTO:

City Clerk
City of Tulare
4LLE. Kern Avenue
Tulare, CA93274-4257
Pursuant To Government Code Section 6103
No Recording Fee Required

FIRST AMENDMENTTO

SUBDIVISION AGREEMENT
FINAT MAP OF FARRAR ESTATES PHASE 2

9.2 General Business Page 3 ATTACHMENT 1

FIRST AMENDMENT TO

SUBDIVISION AGREEMENT
FINAL MAP OF FARRAR ESTATES PHASE 2
This "First Amendment to Subdivision Agreement Final Map of Farrar Estates Phase 2" (the "Amendment") is entered into as of
-,2024,
by and between the City of
Tulare, a municipal corporation and charter city (the "City") and Woodside 06N, LP, a California limited partnership ("Woodside"). The City and Woodside are referred to within this Amendment individually as a "Party" and jointly as the "Parties."

RECITALS
A. Woodside is the developer of property within the City commonly identified as "Farrar Estates."
B. pursuant to Planning Commission Resolution No. 5355 ("PC 5355"), Tentative Parcel Map No. 5279 was approved for the entirety of Farrar Estates on December 23,2019 (the "Tentative Map"). The development of the Project as a whole is referred to within this Amendment as the "Project'"
C. The approved Tentative Map contains four lettered parcels: A, B, C, and D' Phased final maps have been recorded for Parcels A and B'
D. This Amendment pertains to Parcel B of the Tentative Map (the "Property")' The Property will be developed as Phase 2 of the Farrar Estates development ("Phase 2") and is legally described as follows:

PARCEL B OF PARCEL MAP NO. 5279, RECORDED MARCH L8, 2O2O, IN BOOK 53 OF PARCEL MAPS, AT PAGE 86, TULARE COUNTY RECORDS.

E. Subsequentto the approvalof the Tentative Map, the City Council approved a phased final map for parcel A ("Phase 1"). On July 18, 2O23, a phased final map for Phase 2 was approved by the City Council (the "Phase 2 Final Map"). The Phase 2 Final Map was recorded on December 6,2}23,as Document No. 2023-0058289 in Volume 45 of Maps at Page 18, Tulare County Records.

F. After approval of Phase L, Woodside and the City entered into a series of subdivision improvement agreements for both Phase L and Phase 2 (the "Prior SlAs")' The Prior SlAs include the "subdivision Agreement Final Map of Farrar Estates Phase 2" dated September 5, 2A23 (the "Phase 2 SlA").

G. The phase 2 SIA addresses the construction of improvements to the intersection of Tulare Avenue (State Route 137) and Morrison Street (the "Tulare/Morrison lmprovements"), consistent with the conditions of approval of the Tentative Map. One of those conditions of approvals requires Woodside to construct or cause the construction of the improvements to the intersection of Tulare Avenue (State Route 137) and Morrison Street' H. The phase 2 SIA acknowledges that the timing of the construction of the Tulare/Morrison lmprovements is dependent upon the review and approval of the plans and specifications 2 9.2 General Business Page 4
for those improvements by the State Department of Transportation {"Caltrans"), which has taken longer than originally expected due primarily to changes in Caltrans' design concept for those improvements.

L On or about january !g,2023, before the Phase 2 Final Map was approved and recorded, the City and Caltrans entered into a "Cooperative Agreement" related to the construction and funding of the Tulare/Morrison lmprovements, now consisting of a roundabout on Route L37 atthe intersection of Tulare Avenue and Morrison Street. Woodside is not a party to the Cooperative Agreement. A copy of the Cooperative Agreement is attached as Exhibit 1,.

J. The scope of the work to be performed to complete the Tulare/Morrison lmprovements is set forth on the 'Tulare lmprovement Plans" accepted for Encroachment Permit No' 0623- NOP-LL55 by Ernesto Garcia on Decemb er 4,2023 (the "Approved Plans").

K. The scope of the design of the Tulare/Morrison lmprovements as set forth in the Approved plans differs from that originally required as a condition of approval of the Tentative Map and includes construction which will mitigate significant environmental impacts exceeding those caused by the Project'
L. The parties expect that the full cost of the Tulare/Morrison lmprovements as described in the Approved Plans (the "Approved Costs") will be approximately $1,600,000, References to the "Approved Costs" are meant to refer only to improvement costs within the scope of the Approved Plans, unless otherwise approved in writing by woodside.

M. The project is subject to the payment of "DlF Fees" to the City under the City's Development lmpact Fee program. Section 8.56.140 of the Tulare Municipal Code provides for in-lieu fee credits and/or reimbursement in ceftain instances, includingthose where a developer incurs costs for facilities constructed which will mitigate significant environmental impacts exceeding those caused by the Projects. This Amendment will memorialize the calculation of the Transportation DIF Fees for the Project based upon the applicable provisions of the Tulare Municipal Code.

N. The "second Addendum to the Mitigated Negative Declaration" for the Project (the "second Addendum") establishes that with the temporary closure of Pine Valley Avenue and Copperhead Avenue within the Project to preclude Project access to and from Morrison Street (the "Temporary Closure") until the completion of the Tulare/Morrison lmprovements, "the intersection of Hazeltine Street at Tulare Avenue can safely support up to 170 homes of the project as the sole project access in addition to the traffic that it currently facilitates," The Second Addendum indicates that the Temporary Closure will maintain a Level of Service "C" fot those L70 homes, which exceeds the General Plan goal of LOS 'D." An analysis of how many homes can be accommodated by the Temporary Closure while still complying with the General Plan goal has not yet been performed. o. In addition to providingthe manner in which Woodside will satisfy its obligation to construct or cause the construction of the Tulare/Morrison lmprovements, this Amendment memorializes the Parties' agreement as to the manner in which Woodside will satisfy its DIF Fees obligation.

9.2 General Business Page 5
p. ln Iight of (i) Caltrans' evolving concept for the Tulare/Morrison lmprovements and (ii) its timing in reviewing and approving the Tulare/Morrison lmprovements, and consistent with the City's preparation and review of additional analysis of potential traffic impacts, the City and Woodside desire to clarify Woodside's obligations with respect to the Tulare/Morrison lmprovements by entering into this Amendment.

AGREEMENT
The Parties agree as follows:

1. lncorporation of Recitals and Exhibits. The Recitals above and all attached and numbered "Exhibits" to this Amendment are incorporated as a substantive part of this Amendment.

2. Supersedes Prior SlAs. This Amendment is intended to ful ly define Woodside's rights and obligations with respect to the funding and construction of the TularefMorrison lmprovements. This Amendment shall:
a. Amend the Phase 2 SIA as it relates in any manner to the Tulare/Morrison lmprovements including, but not limited to, (i) the timing, funding, and/or construction of the SlAs and/or (ii) limitations upon the construction, completion, and occupancy of ' residential units, infrastructure, or other components of the Project based upon the construction and/or completion of the Tulare/Morrison lmprovements, To the extent of any conflict with the Phase 2 SIA or any ambiguity arising with respect to the Phase 2 SlA, the provisions of this Amendment shall prevail. The term "lmprovements" in the Phase 2 SIA shall no longer include traffic signal improvements to the Tulare/Morrison intersection; rather, the lmprovements shall include a roundabout at that intersection.

Except as so provided, the provisions of the Phase 2 SIA remain in effect. b. Supersede any provision of the Phase 1 SIA that addresses the timing, funding, and/or construction of the Tulare/Morrison lmprovements and/or the obligations of Woodside with respect to those Tulare/Morrison lmprovements'
This Amendment amends onlythe Phase 2 SIA and does not modify any discretionary approvals (including their respective conditions of approval) for the Project.

The funding Process. The process for the funding of the Tulare/Morrison lmprovements is as follows (the "Funding Process"):
a. Consistent with the Cooperative Agreement and to satisfy Woodside's requirement to consluct or cause the Tulare/Morrison lmprovements to be constructed:
i, The City shall have management responsibility for selecting, contracting with, and supervising all contractors, subcontractors, suppliers, consultants, and others required to perform and complete construction of the Tu la re/Morrison I m p roveme nts (co ll ectively, "Vendors" ). ii. Each Vendor contract shall require monthly invoicing to the City ("Vendor lnvoices"), with a copy of each Vendor lnvoice concurrently sent to Woodside by the Vendor. (Note: Should an invoice be received by the City, 4 3

9.2 General Business Page 6
but not on a monthly basis, that invoice nonetheless shall be considered a "Vendor lnvoice" for purpose of the following provisions of this Section 3.) b. For Vendor tnvoices presented to the City before Woodside has received total reimbursement of S1,250,000 pursuant to Section 3(b)(v) below:
i. After (i) reviewing a Vendor lnvoice for compliance with the applicable contract, construction industry billing standards, and the scope of the Approved Costs and (ii) deducting any charges not in compliance, the City shall send a copy of each Vendor lnvoice to Woodside within ten (10) calendar days after the City receives the Vendor lnvoice' ii. To assure timely payment to the Vendor, within thirty (30) calendar days after receiving a Vendor lnvoice from the City, Woodside shall pay the City the full amount of the Vendor lnvoice, less any amounts Woodside reasonably believes are not in compliance with the applicable contract, construction industry billing standards, and the scope of the Approved Costs (a "Woodside Payment"). When making a Woodside Payment, Woodside will provide the City with appropriate documentation and explanation of any amounts deducted.
iii. As soon as reasonably possible after receiving a Woodside Payment, the City shall, utilizing the funds received from Woodside, make payment to the Vendor to assure that the Vendor's work continues without unnecessary interruption; provided however, City shall not be obligated to pay any amount disputed by Woodside and for which Woodside withholds payment.
iv. Following its payment to the Vendor, and on a no less than monthly basis, the City will send Vendor lnvoices to Caltrans for payment pursuant to the Cooperative Agreement in order to obtain the funds needed to reimburse Woodside for Woodside's Payment (a "Caltrans Reimbursement"). v. Upon receipt of a Caltrans Reimbursement, the City shall send to Woodside the full amount of the caltrans Reimbursement received by the city. c. For Vendor lnvoices presented to the City after Woodside has received 51,250,000 in Caltrans Reimbursements pursuant to Section 3(bXv) above:
i. The City and Woodside will follow the same procedures as set forth in Section 3(b)(i) and 3(bXii), and 3(b)(iii) above.
ii. The procedures in Sections 3(b)(iv) and 3(bXv) shall not apply. d. Under no circumstance shall Woodside be responsible for any increase in the Approved Costs that is related to a change from the Approved Plans, whether through a change order or otherwise, unless the change and the increase have been approved in writing by Woodside before the change in the Approved Plans is authorized. Woodside shall approve change orders that are commercially reasonable under the circumstances. 5 9.2 General Business Page 7

4. Scop.e of Citt's Oblieations. The City's obligations under this Amendment are:
a. To act as lead agency for the Tulare/Morrison lmprovements, including obtaining the required enhanced encroachment permit from Caltrans and contracting for performance of the Work.
b. ln accordance with applicable state law, to seek bids from Vendors for all work related to construction through completion of the TularelMorrison lmprovements (the "Work").
c. To contract that performance of the Work, which shall be performed in a commercially reasonable manner with a completion date of no later than November 1',2O24, subject to commercially reasonable and standard contractual provisions for delay' d. ln accordance with state law, to accept the lowest responsible and responsive bid for the Work, provided the bidder meets the City's standard qualifications for contractors performing works of improvement for the City.
e. To manage the Funding Process consistent with the terms of this Amendment. f. ln calculatingthe Project's Transportation DIF Fee obligation, it is agreed that Woodside shall receive credit under the Tulare Municipal Code for the first 5350,000 in payments made to the City by Woodside under Section 3(c) above. To the extent that the total cost of the Tulare/Morrison lmprovements exceeds 51,600,000, Woodside shall pay such excess amount to the extent agreed to pursuant to the provisions of Section 3(d) above.
g. To utilize reasonable effort to timely perform each of these obligations, h. To cooperate, at no cost to City, as needed with Woodside's implementation of the Temporary Closure as proposed by the Second Addendum (see Recital N above).

5. Scope of Woodside's Obligations. Woodside's obligations under this Amendment are:
a. To comply with the "Funding Process" described in Section 3 above. (Note: Woodside has no construction obligations with respect to the Tulare/Morrison lmprovements.) b. To cooperate with the City in implementing the TularefMorrison lmprovements' c. To implement and maintain the Temporary Closure as proposed by the Second Addendum (see Recital N above)'
Notwithstanding any other provisions of this Amendment or of the Prior SlAs, Woodside shall have no responsibility for the construction and completion of the Tulare/Morrison lmprovements other than through the funding requirement set forth in this Amendment.

6. Cap on Homes During Temoorarv Closure. Because the Second Addendum concludes that the Temporary Closure would maintain a Level of Service "C" \Mith up to 170 homes occupied in the project, up to 170 homes may be built and occupied within the Project before the Tulare/Morrison lmprovements are completed, provided that the Temporary Closure is in effect.
6 9.2 General Business Page 8

7. Security. Consistent with the intent of this Amendment, promptly after full execution of this Amendment, (i)the City shall reduce the amount of Bond No. LICXl-196293 by eliminating all amounts related to Tulare/Morrison lmprovements and (ii) Woodside shall post a new separate bond in the amount of S1,600,000 securing Woodside's payment obligations under this Amendment with respect to the Approved Costs'
g. prevailing Wages. Woodside understands that, in accordance with the California Labor code, tf* CitV ifrrll pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the Work.

9. Limitations of Legal Actlons. ln the event of breach of this Agreement by Woodside in its p"rf*r*"" of oUtigationi under this Agreement, the City may pursue any remedy available in law or equitY.

10. Attornev,s Fees and Legal Expenses. lf either Party brings a legal or equitable proceeding rgrir'rt the other party which arises in any way out of this Amendment, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and all other reasonable costs and expenses incurred in that proceeding'

11. Waiver. The waiver by either Party of a breach by the other Party of any provision of this Amendment shall not constitute a continuing waiver of that provision or a waiver of any subsequent breach of either the same or a different provision' No provision of this Amendment may be waived unless in writing and signed by both Parties'

12. Entire Agreement. This Amendment constitutes the entire understanding and agreement of the parties witlr respect to the matters set forth in this Amendment. This Amendment supersedes all negotiations or previous agreements between the Parties regarding those matters; provided however, the provisions of the Prior SlAs not otherwise modified by this Amendment shall remain in full force and effect'

13. Covenant of Coopefatlqn. The Parties shall cooperate and act in good faith to assist each other in the performance of their respective obligations under this Amendment.

14. lnterpretation, This Amendment has been prepared jointly by both Parties and shall not be interpreted or construed against either Party as the preparer. 15, Severable provisions. The provisions of this Amendment are severable' The invalidity or unenforceability of any one provision in this Amendment shall not affect the validity or enforceability of the other provisions, which shall remain in fullforce and effect.

15. Time of Essence. Time is of the essence in the performance of the provisions of this Amendment as to which time is an element.

17. lnterpretation and Governing !aw. ln any dispute regardingthis Amendment, the Agreement shall be gou.rn"d .nd interpreted in accordance with the laws of the State of California' Venue for any litigation concerning this Amendment shall be in Tulare County, California' 1g. Notices. All notices, demands, and correspondence required or permitted by this lrn"nd*"nt (collectively, "Notices") shall be in writing. [Note: lnvoices and communications between and among the City, Woodside, Vendors, and Caltrans pursuant to Section 3 above 7 9.2 General Business Page 9
shall not be considered "Notices" for purposes of this Section 18.1 Notices shall be either personally delivered or sent by registered or certified mail or overnight mail service. Notices shall be deemed received upon personal delivery or on the third business day after registered, certified, or overnight mailing. Notices shall be addressed as set forth below and may be changed by giving written Notice to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address. lnitially, the addresses for Notices shall be as follows:
lf to Citn to:

City of Tulare
4LLE. Kern Avenue
Tulare, CA93274-4257
lf to Woodside, to:

Woodside 05N, LP,
L0 River Park Place, Suite 105
Fresno, CA 93720
With copy to:

Woodside Homes
460 West 50 North, Suite 200
Salt Lake City, UT 84tOI
The parties have signed this Amendment as of the date set forth at the beginning of this Amendment.

CITY OF TULARE,
a Municipal Corporation
By
Marc Mondell, City Manager
wooDslDE 06N, LP,
a California Limited PartnershiP
By: WDS GP, lnc., a California corporation
Its: General Partner
By:

Name:

Title:
8 2 {,

9.2 General Business Page 10
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfu lness, accu ra , or validity of that document.

STATE OF CALIFORNIA
COUNTY OF f,re.fa A
On this /? day of 2o24,beforeme, ,Sat4 H /<e*tm,)tcr"t- , Notary Public, personally apPeared ,4al* ,\p *' -**- .' who proved to me on the basis of satisfactory evidence to be the person(r) whose name(r) is/aye subscribed to the within instrument and acknowledged to me that he/sh€ /they executed the same inhislh&lthpir authorized capacity(ied), and that by his/j4r/thpir signature(d on the instrument the person(*|, or the entity upon behalf of which the person(g) acted, executed the instrument.

I certify under PENALTY OF PERJURy under the laws of the State of california that the foregoing paragraph is true and correct
5A'{A. KOO&JIAN
NotarY Public ' California
Fre!no county t WITNESS my 2
hand and official seal
Signatu
Commislion #
My Comm, Expire5
(Seal)
2484419
Apr 9, 202E
9 9.2 General Business Page 11
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accu or valid of that document

STATE OF CALIFORNIA

COUNTY OF
On this
-
day of 2024, before rn€,
-. r NotarY
Public, personally appeared
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seat)
l0

9.2 General Business Page 12
EXHIBIT 1

COOPERATIVE AGREEMENT
11 9.2 General Business Page 13
06 TUL 137 (17.9/18)
EA: '1C080
Project lD: 0621000020
Agreement No. 06 - 1775

COOPERATIVE AGREEMENT
State SHOPP Minor Funds Contribution
January 19,2023
This Agreement, effective on is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Tulare, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

RECITALS
PARTIES are authorized to enter into a cooperative agreement for improvernents to the State Highway System per the Califomia Streets and Highways Code Sections 114 and I 30.
z
3 4
5 The term ACR-EEMENT, as used herein, includes any attachments, exhibits, and amendments.

This AGREEMENT shall have no force or effect until CITY has obtained an encroachment permit from CALTRANS.

CITY intends to construct roundabout in the City of Tulare on Route 137 at Mon'ison Street in the City and County of Tulare utilizing enhanced encroachment permit within the State Highway System and is referred to herein as the PROJECT.

CITY will follow the CALTRANS encroachment perrnit process in order to cornplete the PROJECT.

CALTRANS will pay CITY in the amount of $1,250,000 from sHoPP Minor finds required for the PROJECT.

PARTIES hereby set forth the terms, covenants, and conditions for CALTRANS' contribution toward the PROJECT.
sc_oPq

8. CITY is responsible for completing all work for the PROJECT.

9. At no cost to CITY, CALTRANS will perform Quality Management to assure CITY's work is performed in accordance with CALTRANS' currbnt policies, procedures, standards, and practices.

Minor Funds Contibution Agreemenr 2016-06-1 3 Page 1 of 7

6. a

9.2 General Business Page 14
Agreement No 1C080 - 1775

INVOICE & PAYMENT

10. GITY will submit to GALTRANS monthly invoices for the prior month's actual expenditures.
1i, CALTRANS will pay clTY within 45 (forty-five) calendar days of receipt of invoices' lZ. PARTIES agree thar rhe total amounr of SHOPP Minor funds paid out to CITY will not exceed $1,250,000.

13. After pARTIES agree that all work for the PROJECT is complete, CITY will submit a final accounting for all"costs. Based on the final accounting, CITY wiii refund or invoice as n*.r..ury-in order to satisfy the financial commitment of this AGREEMENT'

G CONDITI ONS

14. All por-tions of this AGREEIVIENT, including the Recitais Section, are enforceable'

15. All obligations of GALTRANS under the terms of this AGREEMENT are subject to the approprlation of resources by the Legislature, the State Budget Act authority, and the ito"ution of funds by the califomia Transporration commission,

16. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide byi" funding guidelines for aii contributed funds that are plogrammed and allocated by the cTC' l7 . lf CITY tails to complete the PROJECT for any reason' CITY shall, at CITY's expense' retum the state Higtr*^y System right-of-way to its original condition or to a safe and np"ruOfe.onOition"u.r.ptuUt. to CALTRANS. If CITY tails to do so, CALTRANS ."r"*., the right to finish the work or place the PROJECT in a safe and operable condition. CALTRANS will bill CITY for all expenses incurred and CITY aglees to pay said bill within forty-five (45) days of receipt'
1g. If clTY fails to complete the PROJECT for any reason, GITY will refund the full amount of CALTRANS' contribution'
lg. cITy will retain all PROJECT related records for three (3) years after the final voucher, 20, HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposat'p*suaJio federal or state law, whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not iimited to, hazardous \'vaste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-l and HM-2, including and without limitation' any necessary manifest requirements and disposal facility designations arereferred to herein as HM-l MANAGEMENT and H|'ir-z MANAGEMENT respectively' Minor Funds Contt'ihution Agreement 2016-06 ti Page2 of 7

9.2 General Business Page 15
Agreement No. 1C080 - 1775
2l If HM-1 or HM-2 is found during construction, CITY will immediately notify

CALTRANS

22. CALTRANS, independent of the PROJECT, is responsible for any HM-1 tbund within the existing State Highiay System right-oi--way. CALTRANS rvill undertake, or cause to be undertiken, Hlvl-"l MANAGEMENT with minimum impact to the PRoJECT schedule.

CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM- l MANAGEMENT ielated ro HM-l found within the existing State Highway System rightof-way.

23. CITY, independent of the PROJECT, is responsible for any HM-1 tbund within the pROJECT limits and outside the existing Siate Highway System right-of-way. CiTY will undertake or cause to be undertaken HM-l M.A.NAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, wiil pay, or cause to.be paid, the cost fo,rHM-1 MANAGEMENT for HM-l found within iir. pnOmCT limits and outside of the existing State Highway System right-of'way'

24. CITY is responsible for HM-2 MANAGEMENT within the PRoJECT limits.

25. HM4 MANAGEMENT costs are PROJECT costs'

26. Neither CITy nor any officer or employee rhereof is responsible for any injury, damage, or liability o"runing iy r"uron oranyttring done or omitted to be done by CALTRANS' its contractors, sub-contractors, and/or its ;gents under or in connection with any work' authority, or jurisdiction conferred upotrcAt,TRANS under this AGREEMENT' tt is understood and agreed that CALTRANS, to the extent permitted by law, will defend' indemnifu, and salve harmless cITY and all of its officers and employees from all claims' suits, or a"tions oieuery nalne, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertiorrs of liability occurring by reason of anything done or omitted to be done by cALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT'

27. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by GITY' its contracto.r, ,ub-rontractois,'and/or its agents under or in connection with any work' authority, or jurisdiction conferred upon CiTY under thi.s.AGREEMENT' It is understood and agreed that CITY, to the extent permitted by law, wiil defend, indemniff, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to' tortious, contractual, inverse condemnaiion, or other theories and assertions of liability occurring by reason of anything done or ornitted to be done by CITY, its contractors' subconffactors, and/or its agents under this AGREEMENT' lvlinor Funds 511n1vi[vlion -4greement 20I6-06-l 3

Page 3 of 7 ends

9.2 General Business Page 16
28 29
30 31.

Agreement No. 1C080 - 1775
If the work performed on this PROJECT is done under contract and falls within the Labor Code section tZZO1ul1t) definition of "public works[ in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771 CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Su'bchaptei 3, Articles l-7. CITY agrees to include prevailing wage requirements in its contracis for public work. Work performed by CITY's oum forces is exempt from the Labor Code's Prevailing Wage requirements'
CITY shall require its contractors to include prevailing wage requirements in all subcontracts frrnded by this AGREEMENT when the work to be performed by the subcontractor is "publlc works" as defined in Labor Code Section 1720(aXl) and Labor Code Sectio n gil. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts.

This AGREEMENT is intended to be PARTIES final expression and supersedes all prior oral understandings pertaining to the PROJECT.

Unless otherwise documented in a maintenance agreement, CITY will maintain all PROJECT improvements.

This AGREEMENT will terminate upon CALTRANS' acceptance of the PROIECT, However, all indemnification and maintenance articles of this AGREEMENT will remain in effect until terminated or modified in witing by mutual agreement' Minor Funds Conrribulion Agreement 2016-06*l 3 Page 4 of 7

9.2 General Business Page 17
DEFN\IITIONS
PARTY - Any individual signatory party to AGREEMENT.

PARTIES - The term that collectively references all of the signatory agencies to AGREEMENT.

Agreement No. 1C080 - 1775
Mi no r Funds C ontr ibut ion A gr e eme nt 2 0 I 6
-0
6 -l 3 Page 5 of 7

9.2 General Business Page 18
Agreement No. 1C080 - 1775

CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notifr each other in writing of any personnel or location changes, Contact information changes do not require an arnendment to this AGREEMENTThe primary Agreement contact person for CALTRANS is:

Emesto Garcia, Project lvlanager
2015 E Shields Ave, Suite 100
Fresno, CA93726
Mobile Phone: (559) 908-5492
Email : emest$. garcia(P$lot.qa. go\r
The primary Agreement contact person for CITY is:

Michael W. Miller, CitY Engineer
411 East Kern
Tulare, CA93274
Office Phone: (559) 684-4247
Email: mrni llerft?tu lare.ca. gov
Minor Funds Contibutiot? Agreement 2016-06-l 3 Page 6 of7

9.2 General Business Page 19
Agreement No. 1C080 - 1775

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or ernail, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATTON

CITY OF TULARE
J /' a
la.'r-e /l'*{-. Bv:

Diana Gomez
District Director
Verification of funds nnd trutborih':
/l*,J*A-*" Bv:- / o
Claudia Juarez
Acting District Budget Manager
Certified as to financiql terms and policies:

Bv: *s}
Darwin Salrnos
HQ Accounting Supervisor
Melissa Flermann
Chief Deputy City Clerk
Approved as to,fotm and nrocedure:
^ Lr"
Mario
City Attomey
{v{ar.e*funC€*l
€iqf$4{ssg€r
-[-errrq N.. Squrfe
5n qC3s r r
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Minor Funds Conribution Agreement 20 l6-06-l 3 PageT of7

9.2 General Business Page 20
Cc*perativ* Agr*ern*nt *S-"i 775 tx*cuttan
Process
2023-01-1 8
Final Audit Report
Created:

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Status:

Transaction lD:
2023-01-13
Calf ans, Coop Execution (Caltrans.Coop'Execution@dot'ca'gov) Signed
CBJCHBCMBAAiTSVIYUoEfS-MaTDE0utdNJnPCCNDsu4
"Cooperative Agreement 06-1 77 5 Execution Process" History fi Documentcreated by Caltrans.Coop Execution (Caltrans.Coop.Execution@dot'ca'gov) 2023-01-13 - 5:55:11 PM GMT
El Document emailed to Anna Heu ([email protected]) for approva{ 2023-01-13 - 5:55:59 PM GMT
S Email viewed by Anna Heu (anna.heu@dot-ca'gov)
2023-01-13 - 6:01:32 PM GMT
fe Document approved by Anna Heu (anna.heu@dot'ca'gov)
Approval Date: 2023-01-14 - 7:39:40 PM GMT - Time Source: server E1 Document emailed to Emma Mendoza (emma'rnendoza@dot'ca'gov) for approval 2023-01-14 -7"39i41 PM GMT
e Emait viewed by Emma Mendoza (emma'mendoza@dot'ca'gov) 2023-01-.14 - 7:39:55 PM GMT
4e Document approved by Emrna Mendoza (emma'mendoza@dot'ca'gov) Approval Date: 2023-01-17 - 5:40:03 PM GMT'Time Source: server [t] Document emailed to Ernesto Garcia ([email protected],gov) for approval 2023-01-17 - 5:40:05 PM CMT
fl Email viewed by Ernesto Garcia (ernesto.garcia@dot'ca'gov) 2023-01-17 - 5:51:12 PM GMT
de Document approved by Ernesto Garcia (ernesto'garcia@dot'ca'gov) Approval Date: 2023-01-17 - 5:55:14 PM GMT ' llme Source: server ffi llffi"l,*"

9.2 General Business Page 21
fl Document emailed to Curt Hatton ([email protected]) for approval 2023-01-17 - 5:55:15 PM GMT
D Emaitviewed by Curt Hatton (curt'hatton@dot'ca'gov)
202g-01-17 - 7:03:25 PM GMT
/e Pocument approved by Curt Hatton (curt'hatton@dot'ca'gov) Approval Date: 2023-01-1 7 - 7:04:35 PM GMT - Time Source: server fl Document emailed to Claudia Juarez ([email protected]'gov) for signature 2023-01-17 -7',04136 PM GMT
D Email viewed by Claudia Juarez(claudia.juarez@dot'ca.gov) 2023-01-18 - 3:26:53 PM GMT
4q Document e-signed by Claudia Juarez (claudia'juarez@dot'ca'gov) Signature Date: 2023'01-'1 I - 3"27"24 PM GMT - Time Source: server [1 Document emailed to Ruhama Urbano (ruhama,[email protected]) for approval 2023-01-18 -3"27:25 PM GMT
E1 Document emailed to Darwin Salmos (darwin,salmos@dot'ca'gov) for signature 2023-01-18 -3',27:25 PM GMT
fr Email viewed by Darwin Salmos (danivin'salmos@dot'ca'gov) 2023-01-18 -3:40"29 PM GMT
4gDocumentapprovedbyRuhamaUrbano(ruhama.urbano@dot'ca.gov) Approval Date: 2023-01-18 - 3:58:12 PM GMT - Time source: server fs Document e-signed by Darwin Salmos (danruin'salmos@dot'ca'gov) Signature Date: 2023-01-18 - 4:05:58 PM GMT - Time Source: server S Agreement completed'
2023-01-18 - 4:05:58 PM GMT
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9.2 General Business Page 22
Executed coop 06- lTTs request signature proj
0621000020 EA 1C080 01 1923 Final Audit Report
,ft Document e-signed by Diana Gomez ([email protected]) Signature Date; 2023_01_1 g - l:42:24 pM GMT _ Time Source: server O Agreement completed.
2023-01^19 -7:42:24 pM GMT
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"Executed coop 06- lTTs request signature proj
1C080 0621000020 EA 011gZg" History
6h, ^ LJ uocument created by Anna Heu ([email protected]) 202J-01-15 - 6:32:42 pl\/ cMT
o* Document emaired to Diana Gomez ([email protected]) for signature 2023-01-19 - 6:33:02 prV GMT fl Emaitviewed fry Diana Gomez ([email protected])
2023-01-19 -T:4212 pM cMT
Fowered by
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Transac6on lD:
2023-01-19
Anna Heu (s154235@dot ca.gov)
Signed
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GRsqW4 t7

9.2 General Business Page 23

Tulare City CouncilJuly 2, 2024

Tulare City Council
July 2, 2024